HomeMy WebLinkAboutR-21-0285City of Miami
tn�l6_OF
Fa. V Legislation
*tliti fill! IiRl 11 +*�
Resolution: R-21-0285
File Number: 9079
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE SECOND
MEMORANDUM OF UNDERSTANDING ("MOU 2"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN CONNECTION WITH THE DEVELOPMENT AND
COORDINATION OF THE INTERSTATE 395 ("I-395") HERITAGE
TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT, LOCATED ALONG I-
395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND
BISCAYNE BAY, MIAMI, FLORIDA, TO EXTEND THE TERM OF THE
AGREEMENT AND UPDATE TARGET DATES; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH OTHER
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
MOU 2, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY IN FURTHERANCE OF THE TERMS AND CONDITIONS OF
MOU 2.
WHEREAS, the Florida Department of Transportation (TDOT") has jurisdictional
ownership of Interstate 395/State Road 836 (1-395") located between Northwest 3rd Avenue
and Biscayne Bay, Miami, Florida; and
WHEREAS, FDOT will plan, design, and construct the proposed 1-395 Signature Bridge,
the community enhancements below 1-395 ("Underdeck"), and highway capacity improvements
which are intended to improve mobility and safety in the surrounding area ("Signature Bridge
Project"); and
WHEREAS, the City of Miami ("City") and FDOT entered into a Memorandum of
Understanding dated April 4, 2019 ("MOU 1") to specifically outline their expectations as to their
respective roles and responsibilities regarding the design, maintenance, and operation of the
Underdeck; and
WHEREAS, the City and FDOT subsequently entered into a Second Memorandum of
Understanding dated August 14, 2020 pursuant to Resolution No. R-20-0224 ("MOU 2"); and
WHEREAS, FDOT and the City anticipate entering into subsequent agreements, which
will govern the parties' respective roles and obligations concerning the Underdeck, including,
but not limited to, the design, maintenance, and operation of the Underdeck; and
WHEREAS, FDOT and the City wish to enter into the first amendment of MOU 2
("Amendment") setting forth various revisions as further provided below; and
WHEREAS, FDOT and the City agree to amend MOU 2 to extend the term of the
agreement to July 1, 2022; and
City of Miami Page 1 of 2 File ID: 9079 (Revision:) Printed On: 711612021
File ID: 9079 Enactment Number: R-21-0285
WHEREAS, FDOT and the City agree to change the target date for completion of the
Consensus Plan to February 28, 2022; and
WHEREAS, FDOT and the City agree to change the target date by which FDOT shall
provide the City with FDOT's Maintenance Contribution to July 1, 2022; and
WHEREAS, FDOT agrees that the City, at the City's sole discretion, may undergo one or
more procurement processes, in compliance with applicable state competitive procurement
laws, to procure an entity or entities to manage and/or sublease a portion or all of the
Underdeck and all such agreements entered into by the City shall be consistent with the MOU 2,
all in forms acceptable to the City Attorney and in compliance with all applicable laws, FDOT's
regulations, the Charter of the City of Miami, Florida, as amended, and the Code of the City of
Miami, Florida, as amended; and
WHEREAS, upon the expiration of MOU 2, as extended by this Resolution, the City and
FDOT intend to execute, subject to City Commission approval, a Memorandum of Lease
Agreement, which the City and FDOT will continue negotiating the terms thereof and which shall
be in a form acceptable to the City Attorney, outlining the City's obligation to lease, maintain,
and operate the Underdeck; and
WHEREAS, the City and FDOT intend to work in good faith to develop a Consensus
Plan and a framework for the design, maintenance, and operation of the Underdeck in
accordance with the terms of MOU 2;
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 execute the Amendment to MOU 2, in a
form acceptable to the City Attorney, with FDOT for the continued collaboration in the
development and coordination of the Underdeck within the Signature Bridge Project's limits.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including further amendments and modifications to the MOU 2, all in a
forms acceptable to the City Attorney, in furtherance of the terms and conditions of MOU 2, as
amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
,A(
i ria i ndez, Cify H.ttor iey 6/1/2021
' 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 Code
provisions
City of Miami Page 2 of 2 File ID: 9079 (Revision:) Printed on: 711612021