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HomeMy WebLinkAboutLegislationFile Number: 09-00670 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CONSTRUCTION OF CERTAIN ROADWAY ENHANCEMENTS ALONG BISCAYNE BOULEVARD, MIAMI, FLORIDA, IN ORDER TO MODIFY THE FINANCIAL PROVISIONS IN SECTION 3(E) OF THE AGREEMENT TO ALLOW FDOT TO KEEP ANY INTEREST ACCUMULATED IN THE ESCROW ACCOUNT TO BE APPLIED TO ANY SHORTFALL IN PROJECT FUNDING. WHEREAS, on June 14, 2007, the City Commission adopted Resolution No. 07-0361, authorizing the City Manager to execute a locally -funded Joint Participation Agreement with the Florida Department of Transportation ("FDOT") for the construction of certain roadway enhancements along Biscayne Boulevard, Miami, Florida, in an amount not to exceed $219,000; and WHEREAS, the bid for the construction of said enhancements was significantly higher than anticipated, and FDOT agreed to cover the costs; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the City to authorize the City Manager to execute Amendment One, in substantially the attached form, modifying the Financial Provisions in Section 3(e) of the Agreement to allow FDOT to keep any interest accumulated in the escrow account to be applied to any shortfall in Project funding; 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{1} to execute Amendment One, in substantially the attached form, to the Locally Funded Joint Participation Agreement with FDOT, for the construction of certain roadway enhancements along Biscayne Boulevard, Miami, Florida, in order to modify the financial provisions in Section 3(e) of the Agreement to allow FDOT to keep any interest accumulated in the escrow account to be applied to any shortfall in project funding. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} City of Miami Page I of 2 Printed On: 6/24/2009 City of Miami City Hall 3500 Pan American a y: Drive Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 09-00670 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CONSTRUCTION OF CERTAIN ROADWAY ENHANCEMENTS ALONG BISCAYNE BOULEVARD, MIAMI, FLORIDA, IN ORDER TO MODIFY THE FINANCIAL PROVISIONS IN SECTION 3(E) OF THE AGREEMENT TO ALLOW FDOT TO KEEP ANY INTEREST ACCUMULATED IN THE ESCROW ACCOUNT TO BE APPLIED TO ANY SHORTFALL IN PROJECT FUNDING. WHEREAS, on June 14, 2007, the City Commission adopted Resolution No. 07-0361, authorizing the City Manager to execute a locally -funded Joint Participation Agreement with the Florida Department of Transportation ("FDOT") for the construction of certain roadway enhancements along Biscayne Boulevard, Miami, Florida, in an amount not to exceed $219,000; and WHEREAS, the bid for the construction of said enhancements was significantly higher than anticipated, and FDOT agreed to cover the costs; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the City to authorize the City Manager to execute Amendment One, in substantially the attached form, modifying the Financial Provisions in Section 3(e) of the Agreement to allow FDOT to keep any interest accumulated in the escrow account to be applied to any shortfall in Project funding; 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{1} to execute Amendment One, in substantially the attached form, to the Locally Funded Joint Participation Agreement with FDOT, for the construction of certain roadway enhancements along Biscayne Boulevard, Miami, Florida, in order to modify the financial provisions in Section 3(e) of the Agreement to allow FDOT to keep any interest accumulated in the escrow account to be applied to any shortfall in project funding. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} City of Miami Page I of 2 Printed On: 6/24/2009 File Number. 09-00670 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1 } 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. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. City of Miami Page 2 of 2 Printed On: 6/24/2009