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File ID: #1931
Resolution
Sponsored by: Commissioner Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, RELATING TO THE
FLAGLER STREET RECONSTRUCTION AND BEAUTIFICATION PROJECT, WHICH
ENCOMPASSES RECONSTRUCTION AND MODERNIZATION EFFORTS
INCLUDING BUT NOT LIMITED TO UPDATES TO THE DRAINAGE, STREETSCAPE,
SIDEWALKS AND SIGNAGE, FROM NORTHWEST 1ST AVENUE TO BISCAYNE
BOULEVARD, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN ORDER TO ACCOMPLISH THE INTENT OF THE MOU.
City of Miami
Legislation
Resolution
Enactment Number: R-17-0157
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1931 Final Action Date:4/13/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, RELATING TO THE
FLAGLER STREET RECONSTRUCTION AND BEAUTIFICATION PROJECT, WHICH
ENCOMPASSES RECONSTRUCTION AND MODERNIZATION EFFORTS
INCLUDING BUT NOT LIMITED TO UPDATES TO THE DRAINAGE, STREETSCAPE,
SIDEWALKS AND SIGNAGE, FROM NORTHWEST 1ST AVENUE TO BISCAYNE
BOULEVARD, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN ORDER TO ACCOMPLISH THE INTENT OF THE MOU.
WHEREAS, in June 2011, the Miami Downtown Development Authority ("DDA") initiated
the Flagler Street Reconstruction & Beautification Project, which encompasses reconstruction
and modernization efforts including but not limited to updates to the drainage, streetscape,
sidewalks and signage, from Northwest 1st Avenue to Biscayne Boulevard, Miami, Florida
("Project"), pursuant to the Downtown Master Plan, which envisions restoring Flagler Street,
Miami, Florida, to its historic role as downtown's pedestrian -oriented main street; and
WHEREAS, the DDA worked with the City of Miami ("City") to guide the design of the
Project, which led to the creation of a special assessment district; and
WHEREAS, such special assessment district raised $1,000.000.00 and secured a
further $6,000.000.00 contribution of Miami -Dade County funds for the construction of
improvements; and
WHEREAS, the City completed the funding with a matching $6,000.000.00 contribution
pursuant to Resolution No.14-0346, adopted September 11, 2014; and
WHEREAS, the City thereafter executed agreements with contractor F.H. Paschen
("FHP") to construct the improvements, A&P Consulting Transportation Engineers, Corp. to
oversee the construction, and MRG Consulting to manage the involved public information and
outreach; and
WHEREAS, the DDA and the City believe that the timeliness of the Project, the
minimization of disruption to Flagler Street property and business owners, and communication
with the stakeholders will be enhanced through greater participation by the DDA, including
participation in meetings and contacts with contractors, field visits, and constant public
informational outreach; and
WHEREAS, the City Administration recommends that the City Commission authorize the
City Manager to execute the MOU, in substantially the attached form, to further enhance
cooperation between the City and the DDA by facilitating the oversight, management, and
progress of the Project; and
WHEREAS, the City Attorney acts as General Counsel for the DDA; and
WHEREAS, the City Commission hereby waives any potential conflict the City Attorney
may have for both the City and the DDA, with respect to the review of the MOU and this
Resolution as to legal form and correctness;
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 referenced and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute a MOU, in substantially the
attached form, with the DDA, relating to the Project.
Section 3. The City Manager is authorized' to execute any other documents, in a form
acceptable to the City Attorney, in order to accomplish the intent of the MOU.
Section 4. The City Commission hereby waives any potential conflict the City Attorney
may have with respect to the review of the MOU and this Resolution as to legal form and
correctness.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
4/3/2017
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 City Code
provisions.
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.