File #: 377A-13    Version: Name:
Type: Order Status: Filed
File created: 2/20/2014 In control: Rules & Ordinance Committee
On agenda: 9/24/2013 Final action: 1/20/2015
Title: Ordered that the Mayor be authorized to sign the attached Memorandum of Understanding with the MRA
title
Ordered that the Mayor be authorized to sign the attached Memorandum of Understanding with the MRA
 
body
Ordered that the Mayor be authorized to sign the attached Memorandum of Understanding with the MRA
 
Memorandum of Understanding
By and Between
The City of Malden
and
The Malden Redevelopment Authority
 
WHEREAS, the City of Malden desires to consolidate all planning and development related functions into a single City department, to be known as the Mayor's Office of Strategic Planning and Economic Development; and
WHEREAS, the City's staff and resources devoted to planning, economic development,  conservation and historic preservation, together with the Malden Redevelopment Authority's staff and resources, all contribute to regulating, protecting, planning and promoting the natural and built environment in the City of Malden; and
WHEREAS, the new Mayor's Office of Strategic Planning and Economic Development will house the offices of the Conservation Agent, the City Planner, the City Economic Development Director, the City's Historic Preservation Officer, together with the Executive Director of the Malden Redevelopment Authority and his staff, in order to improve the coordination, administration and implementation of the City's overall planning and economic programs, objectives and goals; and
WHEREAS, the new Mayor's Office of Strategic Planning and Economic Development will provide professional staff  and support services to the Mayor, City Departments and the City's Boards and Commissions referenced herein and will be designed to improve the transparency, accountability and public involvement in the City's planning and economic development programs and processes; and
WHEREAS, the Malden Redevelopment Authority, created under Chapter 121B of the Massachusetts General Laws, and as further authorized under Chapter 315 of the Acts of 2000, is charged with the promotion of economic revitalization and redevelopment in the City of Malden and neighboring communities; and
WHEREAS, the Malden Redevelopment Authority has successfully undertaken and implemented many important redevelopment projects in and around the City of Malden, creating expanded economic opportunity for the residents of Malden and the surrounding area; and
WHEREAS, under the provisions of Section 7 of Chapter 121B of the Massachusetts Laws, the Malden Redevelopment Authority is encouraged to cooperate and coordinate with other City departments, including the sharing of agency services and employees, and under the provisions of Chapter 315 of the Acts of 2000 the Malden Redevelopment Authority is authorized to partner with the City on redevelopment projects and to prepare and modify plans for the development of property in around the City; and
WHEREAS, the availability of and revenue from municipal parking, including the operation of parking garages, open air parking lots and on-street parking, in the City is a critical component of the City's strategic planning and economic development; and
WHEREAS, improved coordination in the operation, management, revenue collection and enforcement of parking fees from all parking facilities, lots and meters would advance the City's economic development and revenue collection objectives; and
WHEREAS, the City and the Malden Redevelopment Authority have jointly determined that a comprehensive parking management program in the City of Malden can be most effectively implemented by the creation of a City Department of Parking, which would be responsible for the operation, management, revenue collection and enforcement of all parking in the City of Malden;  
NOW, THEREFORE, the City of Malden and the Malden Redevelopment Authority hereby agree as follows:
1. The City of Malden (the "City") and the Malden Redevelopment Authority (the "MRA") shall consolidate the staffs and operation of the offices and positions listed below into a single Office of Strategic Planning and Economic Development ("OSPED").  The OSPED will be managed by a Director of OSPED, to be appointed by the Mayor, and shall include the following staff and functions: the City Planner, the City's Strategy and Economic Development Officer, the City Conservation Agent, the City Historic Preservation Officer, the Executive Director of the Malden Redevelopment Authority, together with all existing staff and administrative supportive personnel currently in place to support these positions and offices.  All current employees of the City shall continue as employees of the City.  All current employees of the MRA shall continue as employees of the MRA.    
2. The Office of Strategic Planning and Economic Development shall be managed as a single office by the Director of OSPED, including the establishment of common, standardized rules governing personnel and financial management of the office that are consistent with those in place for other City offices and employees. The OSPED shall share financial accounting, legal, personnel and other common administrative support services and the budget for the MRA shall be approved by the Mayor prior to its approval by the MRA Board, in conjunction with the City's overall budget for the OSPED. All reports and staff support of the City's boards and commissions referenced in paragraph 4, below, shall be coordinated and integrated with overall City of Malden planning and economic development objectives to the maximum extent feasible.   3. The OSPED Director may also hold concurrently the position of Executive Director of the MRA, the Strategy and Economic Development Officer, the City Planner, or other City position. The OSPED Director shall oversee the operation and administration of the OSPED and shall ensure the efficient coordination of strategic planning and economic development efforts in the City. The OSPED shall regularly publish information and notices of all activities, meetings, hearings and reports of the boards and commissions supported by the OSPED. The Director of the OSPED shall ensure that the operations of the OSPED are transparent to the public and shall regularly report to the Malden City Council on the activities of the OSPED.         
4. The constitution, jurisdiction and operations of existing boards and commissions of the City and the MRA, which boards and commissions are created and duly appointed under the General Laws of Massachusetts and include the Malden Conservation Commission, the Malden Historical Commission, the Malden Planning Board, and the Malden Redevelopment Authority, shall not be altered or otherwise modified by this Memorandum of Understanding.
5. The City shall create a Department of Parking which shall be charged with the administration and enforcement of public parking in the City, including parking garages, open air parking lots, on-street metered parking, permit parking and parking enforcement. The Parking Department shall oversee the collection of all parking revenues in the City, including the adoption of necessary policies, rules and procedures related to the operation and administration of the Parking Department. The Director of the Parking Department shall coordinate when necessary and appropriate with the MRA in the operation of its parking garages, open air parking lots and leased facilities, all as shown on Exhibit A to this Agreement.     
6. The MRA shall continue to operate pursuant to all of its capacities under law and existing contracts, including the fulfillment of all existing and future grants, funding agreements, contract obligations, debts, payments, performance and ownership of real and personal property, including the ownership, operation and contracts associated with the MRA's parking garages and open air parking lots.  Provided, however, that all net revenues from the MRA's parking operations, excluding MRA administrative costs as approved in the MRA budget , shall be accounted for and delivered to the City on a monthly basis through the Department of Parking, created pursuant to Section 5, above. Provided further, however, all revenues collected by the City Parking Department shall be retained by the City.             
7. The City and the MRA hereby agree to cooperate on the implementation of this Memorandum of Understanding, including the preparation of  agreements and resolutions for approval by the Malden City Council that may be required for the creation and operation of the OSPED and the Parking Department.
This Memorandum of Agreement is duly adopted on this ______day of ________, 2013 under seal by the parties set forth below.
CITY OF MALDEN                  MALDEN REDEVELOPMENT AUTHORITY
_____________________            ________________________________________