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HomeMy WebLinkAboutAgenda Item Summary FormGrey O,f Ay AGENDA ITEM SUMMARY FORM * Milk File ID: #6237 o JL 0 it `,,� Date: 07/16/2019 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 09/12/2019 Sponsored By: District Impacted: Type: Resolution Subject: Master Underline Maintenance Aareement - Miami -Dade Countv Purpose of Item: A resolution of the Miami City Commission authorizing the City Manager to negotiate and execute a Master Underline Maintenance Interlocal Agreement between the City of Miami and Miami -Dade County. Background of Item: The Master Underline Interlocal Maintenance Agreement is for the improvements to be undertaken by the County for the Underline open space recreational project to be generally located in the City's Rights -of -Way along the Rapid Transit Zone within the public road rights-of-way (excluding the presently existing Miami -Dade Transit Metrorail corridor itself) from the south side of the Miami River to the City's southern boundary at approximately the intersection of Orange Street and SW 38 Avenue. Budqet Impact Analvsis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Resilience and Public Works Review Completed 08/13/2019 1:07 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Alan M. Dodd Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed Legislative Division Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed 08/15/2019 12:52 PM 08/22/2019 6:05 AM 08/22/2019 5:53 PM 08/23/2019 10:41 AM 08/29/2019 3:00 PM 08/29/2019 3:32 PM 08/30/2019 2:08 PM 09/12/2019 9:00 AM 09/20/2019 4:07 PM 09/20/2019 4:19 PM 09/20/2019 4:19 PM 01/27/2020 11:27 AM 01/27/2020 3:15 PM 01/31/2020 12:59 PM File Number: 6237 City of Miami Legislation Resolution Enactment Number: R-19-0333 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:9/12/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A MASTER UNDERLINE MAINTENANCE INTERLOCAL AGREEMENT ("INTERLOCAL AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI—DADE COUNTY ("COUNTY") FOR THE IMPROVEMENTS TO BE UNDERTAKEN BY THE COUNTY FOR THE UNDERLINE OPEN SPACE RECREATIONAL PROJECT ("UNDERLINE PROJECT IMPROVEMENTS") TO BE GENERALLY LOCATED ON THE CITY'S RIGHTS-OF- WAY AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("TOTAL UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S RIGHTS-OF- WAY"); PROVIDED THAT THERE ARE NO COSTS TO THE CITY INVOLVED, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL SUPPLEMENTS AND AMENDMENTS TO THE INTERLOCAL AGREEMENT FOR THE TOTAL UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S RIGHTS-OF- WAY; FURTHER PROVIDING AND REQUIRING THAT ANY FUTURE PROPOSED COSTS TO THE CITY UNDER ANY SUPPLEMENT OR AMENDMENT TO THE INTERLOCAL AGREEMENT SHALL REQUIRE CITY COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("County") has requested permission to implement and maintain select improvements related to the elements of the Underline open space recreational project ("Underline Project Improvements") to be generally located on the City of Miami's ("City") Rights -of -Way along the Rapid Transit Zone within the public road rights-of-way (excluding the presently existing Miami -Dade Transit Metrorail corridor itself) from the south side of the Miami River to the City's southern boundary at approximately the intersection of Orange Street and SW 38 Avenue, more particularly depicted in Exhibit "A," attached and incorporated ("Total Underline Project Improvements Area within the City's Rights -of -Way"); and WHEREAS, the City and the County are mutually desirous of providing for the implementation and maintenance of the Underline Project Improvements within the Total Underline Improvements Area within the City's Rights -of -Way by entering into a Master Underline Maintenance Interlocal Agreement ("Interlocal Agreement") pursuant to Section 163.01, Florida Statutes; and WHEREAS, the initial portion of the Underline Project Improvements, known as the "Brickell Backyard," is set forth in Exhibit "A-1," attached and incorporated, representing work to be undertaken by the County from the south side of the Miami River to the south side of Coral Way (SW 13 Street) within the Total Underline Project Improvement Area within the City's Rights -of -Way; and WHEREAS, from time to time, the County and the City may need to add subsequent portions of the Underline Project Improvements within the Total Underline Project Improvements Area within the City's Rights -of -Way by supplementing and adding to the Interlocal Agreement new exhibits as work progresses; and WHEREAS, the Federal Transit Administration has issued a letter of consent for the overall Underline project, attached and incorporated as Exhibit "B"; and WHEREAS, as a further demonstration of the City's funding support for the Underline Project Improvements to be undertaken by the County within the Total Underline Project Improvements Area within the City's Rights -of -Way, the City Commission previously passed Resolution Nos. R-15-0371 adopted September 10, 2015, R-16-0409 adopted September 8, 2016, and R-17-0143 adopted March 23, 2017; and WHEREAS, the City and the County desire to enter into the Interlocal Agreement allowing the County to implement and maintain the Underline Project Improvements within the Total Underline Projects Improvements Area within the City's Rights -of -Way; and WHEREAS, the Board of County Commissioners will consider authorizing the County to enter into the Interlocal Agreement and authorize the County Mayor to undertake, from time to time, the necessary project supplements and amendments to the Interlocal Agreement in the near future; and WHEREAS, it is in the bests in interests of the City for the City Commission to authorize the City Manager to negotiate and execute, in a form acceptable to the City Attorney, the Interlocal Agreement and, providing that there are no costs to the City, from time to time the necessary Underline Project Improvements supplements and amendments to the Interlocal Agreement for the Total Underline Projects Improvements Area within the City's Rights -of -Way, and to provide and require that any proposed costs to the City be approved by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney, an Interlocal Agreement between the City and the County for the improvements to be undertaken by the County for the Underline Project Improvements to be generally located on the City's Rights -of -Way as depicted in Exhibit "A", attached and incorporated. Section 3. Provided that there are no costs to the City involved, the City Manager is further authorized' to negotiate and execute, in a form acceptable to the City Attorney, any and all supplements and amendments to the Interlocal Agreement for the Total Underline Project within the City's Rights -of -Way. Section 4. This Resolution further provides and requires that any future proposed costs to the City under any supplement or amendment to the Interlocal Agreement shall require City Commission approval. ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 tyt6ria-nde7z, `ity ttorhey 813012019 i ria 'ndez, Cify Attorney 1/31/2020 Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of Original Revision. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.