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Home My Public Portal AboutResolution No. 23-045- Motor Vehicle Parking Licensee Agreement Between the Florida Dept of Mgmnt Sevices & City of Opa LockaSponsored by: Mayor Taylor RESOLUTION NO. 23-045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING AND AUTHORIZING THE EXECUTION OF A LIMITED MOTOR VEHICLE PARKING LICENSE AGREEMENT, BETWEEN THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND THE CITY OF OPA- LOCKA, FOR USE OF ELEVEN (11) PARKING SPACES LOCATED WITHIN REGIONAL SERVICE CENTER PARKING LOT #72.; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The State of Florida Department of Management Services ("State") and the City of Opa-Locka ("City") desire to execute a Limited Motor Vehicle Parking License Agreement between the City and State for the City's use of eleven (11) parking spaces located at the Opa-Locka Regional Service Center, 100 Opa-Locka Boulevard, Opa- Locka, FL 33054 and within the state parking lot known as Parking Lot 72; and WHEREAS, eleven (11) spaces will be accessible for City -owned vehicle parking, for an annual fee of $100.00, with key card access and for a three (3) year term; and WHEREAS, by passage of this Resolution, the City Manager is authorized to execute Contract No. DMS-21/22-312, attached hereto as Exhibit "A" as in the best interest of the City and its residents. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Adoption of Recitals. The recitals to the preamble herein are incorporated by reference. Section 2. Approving the Authorization. The City Commission hereby approves and authorizes the execution of a Limited Motor Vehicle Parking License Agreement between the Florida Department of Management Services and the City of Opa-Locka, attached hereto as Exhibit "A", for use of eleven (11) parking spaces for City owned vehicles to be parked within Parking Lot 72, for an annual fee of $100.00 and for a three (3) year term and with key card access. Resolution No. 23-045 Section 3. Scrivener's Errors. Sections of this Resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, following review by the City Attorney, without the need for public hearing, by filing a corrected copy of same with the City Clerk. Section 4. Effective Date. This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 26th day of April, 2i 3. John 7. Taylor Jr., Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1B C. dette N2 ris-Weeks, P.A. Attorney Moved by: Commissioner Kelley Seconded by: Commissioner Williams VOTE: 5-0 Commissioner Bass YES Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 2 City of Opa-locka Agenda Cover Memo City Manager: Darvin Williams CM Signature: J /)//, ,�( ,C�J (/v ` v Commission Meeting Date: 04.26.2023 Item Type: (EnterXin box) Resolution rdinance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading. (EnterXin box) 1Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x x Funding Source: Account#: (Enter Fund & Dept) Ex: Advertising Requirement: (EnterXin box) Yes No x Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: x Strategic Nan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: m Strategic Plan Obj./Strategy: (fist the specific objective/strategy this item will address) X IN 0 • 0 Sponsor Name Mayor Taylo • Department: City Commission Short Title: A resolution authorizing the Interim City Manager to enter into an agreement with the Florida Department of Management Services for use of parking spaces located in Parking Lot 72. Staff Summary: The Florida Department of Management Services and the City of Opa-locka shall execute an agreement granting the city use of eleven (11) parking spaces located at the Opa-locka Regional Service Center parking surface of Parking Lot 72. The spaces will be accessible for parking city -owned vehicles. The term of this agreement is three (3) years and shall be implemented as outlined in Agreement No. DMS-21/22-312. Financial Impact - There is no financial impact for this resolution. Proposed Action: LIMITED MOTOR VEHICLE PARKING LICENSE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND CITY OF OPA-LOCKA CONTRACT NO: DMS-21/22-312 I. Parties This Limited Motor Vehicle Parking License Agreement (hereinafter referred to as "Agreement"), is made and entered into by and between the Department of Management Services ("Department"), located at 4050 Esplanade Way, Suite 335, Tallahassee, Florida 32399-0950, and the City of Opa-Locka ("City"), located at 780 Fisherman Street, Opa Locka, Florida 33054, collectively known as the "Parties." II. Purpose The purpose of this Agreement is for the Department to grant a conditional license to City of Opa-Locka for the use of eleven (11) parking spaces at the Opa Locka Regional Service Center parking surface of Parking Lot 72, located at 100 Opa Locka Boulevard, Opa Locka, Florida 33054, hereinafter referred to as the "Premises." III. Term This Agreement is effective upon the date last signed and executed by the duly authorized representatives of the Parties to this Agreement. The term shall be for 3 years, commencing on the date the Agreement is fully signed and executed by the Parties, whichever is later. This Agreement may be renewed for a period of 3 years by written agreement of the Parties. IV. General Provisions A. Amendments Either Party may request changes to this Agreement. Any changes, modifications, revisions, or amendments to this Agreement that are mutually agreed upon by and between the Parties to this Agreement, shall be incorporated by written instrument and effective when executed and signed by all Parties to this Agreement. B. Notification of Termination 1. The Department may terminate this Agreement for convenience at any time. If terminating for convenience, the Department will provide written notification of its intent to terminate the Agreement at least two weeks prior to the termination effective date. Such notification may be made via email to the City's Designated Contact Person. 2. The City may terminate this Agreement for convenience at any time. The City will provide written notification of its intent to terminate the Agreement at least two weeks prior to the termination effective date. Such notification may be made via email to the Department's Designated Contact Person. C. Designated Contact Persons 1. The Department's Designated Contact Person is: Ashley Collins Department of Management Services DMS-2233-XXX Page 1 of 6 Agreement. Vehicles parked in areas other than the Premises or parked in the Premises outside of the hours of access may be towed at the vehicle owner's expense. 2. Vehicle Parking: City will use and occupy the Premises for vehicle parking only. None of City's occupants shall park any vehicle in the Premises that is too large to fit within the lines without encroachment into adjacent spaces. 3. Safety and Security: City will ensure the Premises are used in a careful, safe, and proper manner and will not permit any waste or nuisance in or on the Premises except for as caused by the normal operation of vehicular traffic and parking. City shall provide and pay for security personnel to provide premises security for the entire time it uses the Premises subject to this Agreement. City acknowledges the Department is not responsible for providing premises security for the portion of the Premises subject to this Agreement. 4. Access Cards: The Licensor will provide 11 access cards to the Licensee. Should a card need to be replaced, the cost will be $20.00 payable to Florida Department of Management Services at the time of the replacement. Payment may be made by money order or check mailed to DMS Real Estate Development and Management, P.O. Box 6156, Tallahassee, Floirda 32314-6156. G. Condition of Premises and Property 1. Maintenance: The Department will continue regular maintenance of the Premises subject to this Agreement in a clean, neat, orderly, and safe condition. The Department reserves the right to bill City, and City agrees to pay for any maintenance, repair, cleaning, or other services required because of City's or City's occupants' abuse or negligence of the Premises outside normal wear and tear. 2. Debris Removal: City is required to ensure its representatives, agents, and employees remove all trash, waste, and debris prior to exiting the lot. Violation of this requirement constitutes a valid cause for Agreement termination. 3. Lighting: The Department shall provide electricity for lighting for the Premises where currently available but cannot guarantee uninterrupted service. The Department shall not be liable to City for any loss, damage, cost, or expense that may result from the interruption or failure of any utility service to the Premises. V. Right of Entry The Department reserves an unbridled right of entry for its representatives, agents, and employees at any time for any purpose, including examining and inspecting the Premises and any of the Department's property located in or on the Premises. VI. Compliance with Laws City shall at all times comply with all applicable laws, codes, ordinances, and orders governing City's use of the Premises, including all rules, regulations, and guidelines of the Department. VII. Indemnity The Department and City are each State Agencies or political subdivisions of the State of Florida as defined in Section 768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of their own agents or employees to the extent permitted by law. Nothing herein is DMS-2233-)0(X Page 3 of 6 This Agreement shall constitute the entire Agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either Party except to the extent incorporated in this Agreement. XV. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either Party with regard to this Agreement shall be binding only if evidenced in writing signed by the authorized representative for each Party. XVI. Interpretation This Agreement shall not be construed against either Party and shall be deemed to have been drafted by both Parties. XVII. Governing Laws and Venue This Agreement shall be governed by, construed, and enforced, in accordance with the laws of the State of Florida, with all proceedings and adjudications conducted in Leon County, Florida. The remainder of this page is intentionally left blank. DMS-2233-XXX Page 5 of 6 ) OPA-LOCK A B L V D. a 3 � 22 • 23 24 5 25 26 27 8 28 9 29 10 v L 30 31 12 32 13 33 14 34 15 16 17 35, 36 18 19 37.38 20 39 21 40 n F 41 42 43 44 EIDIEE 45 46 47 48 • 4- A �( 149 4) 149 46 147 146 .6 145 iii .6 144 49 0000000000 60 61 62 63 64 65 66 67 68 69 70 no 0000000aoo 50 71 51 72 92 53 73 74 oa 54 5aoa 55 56 57 38 59 59 75 76 77 78 79 80 EIMIDIDEID 921,, � T �T A J a 8 8 a nln „In �I£ R a a +n Jolol00000 ooa E to E 81* ololola o a o 0000 za2 ^B 82 00 83 8485 86 87 88 89 90n91,92 919293949596979899g: olo a o 4:11[11 + o o ola olo of \ \\\ \ \\ ////////} - PERVIZ A V E . - Exhibit A S J Q (n \\ \ \ \\ \\\ ONE WAY TRAFFIC -3 This file is being provided for pla nning/informational purposes only. N ote to Vendor (if a pplicable): Vend ors ar e strongly encouraged to verify dimensions of any area s ubject to re novatio n, modification, or repair. L(s. ADA 12 SPACES VISITORS 78 SP ACES OPA L OCKA POLI CE 11 SPA CES I-7 OPEN SP ACE 113 SPACES TOT AL PARKING 214 SPACES L OT/ GARA GE: BUILDIN G ASSOCI ATION: N OPA LOCKA LAST REVISION: TECHNICIAN: MARCH 31, 2023 1 — to U z irm W CC m ow E S=y 3