HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #9079
Date: 05/14/2021
Commission Meeting Date: 07/08/2021
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2, District 5
Type: Resolution
Subject: Execute First Amendment - 1-395 Heritage Trail/Signature Bridge Underdeck
Project
Purpose of Item:
A Resolution of the Miami City Commission Authorizing the City Manager to execute the
First Amendment ("Amendment") to the Second Memorandum of Understanding
("Agreement" or "MOU 2"), in a form acceptable to the City Attorney, with the Florida
Department of Transportation ("FDOT") in connection with the development and
coordination of the 1-395 Heritage Trail/Signature Bridge Underdeck project, located
along I-395/State Road 836 between northwest 3rd Avenue and Biscayne Bay, Miami,
Florida; further authorizing the City Manager to negotiate and execute such other
documents, including amendments and modifications to said agreement as may be
necessary, in a form acceptable to the City Attorney, in furtherance of the terms and
conditions of the Agreement.
Background of Item:
The Florida Department of Transportation ("FDOT") has jurisdictional ownership of
Interstate 395/State Road 836 ("1-395") located between Northwest 3rd Avenue and
Biscayne Bay, Miami, Florida ("Limits"). FDOT will plan, design, and construct the
proposed 1-395 Signature Bridge, the community enhancements below 1-395
("Underdeck Enhancements" or "Underdeck"), and highway capacity improvements
which are intended to improve mobility and safety in the surrounding area ("Signature
Bridge Project"). The City of Miami ("City") and FDOT entered into that certain
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. The City and FDOT subsequently
entered into that certain Second Memorandum of Understanding, dated August 14,
2020 pursuant to Resolution No. R-20-0224 ("Agreement" or "MOU 2"). 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. FDOT and the City wishes to
amend MOU 2 to extend the term of the Agreement to July 1, 2022. FDOT and the City
agree to change the target date for completion of the Consensus Plan to February 28,
2022. FDOT and the City agree to change the target date by which FDOT shall provide
the City with the FDOT's Maintenance Contribution to July 1, 2022. FDOT agree that
the City, at its 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 and in
compliance with applicable law, with the FDOT's regulations, and with the City's Charter
and Code. Upon the expiration of MOU 2 on July 1, 2022, the City and FDOT shall
execute, subject to City Commission approval, a Memorandum of Lease Agreement,
which the City and FDOT will continue negotiating the terms thereof, outlining the City's
obligation to lease, maintain and operate the Underdeck. 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.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
Department of Real Estate and Asset Management
Review Completed 05/14/2021 12:35 PM
Office of Management and Budget Pedro Lacret
Office of Management and Budget Leon P Michel
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the City Clerk
Fernando Casamayor
Arthur Noriega V
Valentin J Alvarez
Jacqueline Lorenzo
Barnaby L. Min
Victoria Mendez
Todd B. Hannon
Nicole Ewan
City Clerk's Office
Anthony Barcena
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Meeting
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
05/18/2021 12:12 PM
05/18/2021 12:38 PM
05/18/2021 6:37 PM
05/18/2021 7:04 PM
05/19/2021 4:04 PM
05/20/2021 2:17 PM
05/21/2021 8:16 AM
06/01/2021 1:03 PM
06/10/2021 9:00 AM
07/08/2021 9:00 AM
07/12/2021 5:26 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0285
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9079 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 ("1-395")
HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT, LOCATED
ALONG 1-395/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 ("FDOT") 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
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:
"ri e tCity ttor
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