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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #10582 Date: 08/31/2021 Commission Meeting Date: 09/23/2021 Requesting Department: City Manager's Office Sponsored By: Ken Russell District Impacted: District 1, District 2, District 5 Type: Resolution Subject: dDirect CM - Memorandum of Understanding Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to negotiate and execute a Memorandum of Understanding ("MOU"), in a form acceptable to the City Attorney, with Town Square Neighborhood Development Corporation, a Florida Not for Profit Corporation ("TSNDC") in connection with the collaboration 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 MOU as may be necessary, in a form acceptable to the City Attorney, in furtherance of the terms and conditions of the MOU. Background of Item: The Florida Department of Transportation ("FDOT") has jurisdiction over 1-395 and is undertaking a project which includes the development of a bridge over Biscayne Boulevard ("Signature Bridge"), community enhancements located underneath 1-395 (the "Underdeck"), and highway capacity improvements that are intended to improve safety and mobility. The City and the FDOT entered into that certain Memorandum of Understanding, dated April 4, 2019, to outline their expectations as to their respective roles and responsibilities regarding the design, maintenance and operation of the Underdeck. The City and the FDOT subsequently entered into that certain Second Memorandum of Understanding, dated August 14, 2020 ("MOU 2"). The City and the FDOT intend to create an active environment for the Underdeck, consistent with a consensus plan which would represent the agreed -upon conceptual plan for the Underdeck as agreed and defined on said MOU 2 ("Consensus Plan"). The City has engaged the community and stakeholders to work cooperatively toward these goals in furtherance of the Underdeck project. One of these groups was the Adhoc Underdeck Advisory Board ("UAB") established by concerned community stakeholders. The UAB secured a Knight Foundation matching Grant to engage community members in the planning process. As evidenced by the award letter in Appendix 2, the grant is a $200,000 match grant and the match is being raised by the USAG. The UAB sought a participating non-profit organization to house the funding and incubate the UAB through the planning process. TSNDC was represented on the UAB and was an entity willing to incubate the UAB through the planning process. The TSNDC Board Meeting approved on _ day of , 2020 the formation of the Underdeck Subcommittee Advisory Group (hereinafter referred as "USAG") to promote and engage the community in support of the Underdeck project. The parties intend to work in good faith to develop a framework for the implementation, operation, and management of the Underdeck under USAG's stewardship, or a to -be -formed not -for -profit corporation, all in accordance with the terms of this MOU. The Parties understand that there are various obligations and financial commitments necessary to operate a world class Underdeck, and that maintenance funds are far more difficult to secure in light of the recent global pandemic. Accordingly, it is the intent of the Parties to explore the methods of sharing the responsibility to maintain and operate the Underdeck, and to develop a mutually agreeable formal agreement to carry out the provisions of this MOU ("Management Agreement"). Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A City Manager's Office Office of Management and Budget Office of Management and Budget Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Arthur Noriega V Aniska Elliott Leon P Michel Valentin J Alvarez Jacqueline Lorenzo Barnaby L. Min Victoria Mendez Maricarmen Lopez City Clerk's Office City Manager Review Budget Analyst Review Budget Analyst Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed Completed Completed Completed Completed Completed Completed Completed Completed 09/01/2021 1:17 PM 09/01/2021 1:25 PM 09/01/2021 4:43 PM 09/02/2021 3:41 PM 09/13/2021 1:29 PM 09/13/2021 3:16 PM 09/13/2021 4:10 PM 09/23/2021 9:00 AM 10/01/2021 11:47 AM City of Miami Legislation Resolution Enactment Number: R-21-0386 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10582 Final Action Date:9/23/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TOWN SQUARE NEIGHBORHOOD DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, IN CONNECTION WITH THE COLLABORATION AND COORDINATION OF THE INTERSTATE 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 ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID MOU, AS MAY BE NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS OF THE MOU. WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdiction over Interstate 395 ("1-395") and is undertaking a project which includes the development of a bridge over Biscayne Boulevard ("Signature Bridge"), community enhancements located underneath 1- 395 ("Underdeck"), and highway capacity improvements that are intended to improve safety and mobility; and WHEREAS, the City of Miami ("City") and FDOT entered into a Memorandum of Understanding dated April 4, 2019 outlining the 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 ("MOU 2"); and WHEREAS, the City and FDOT intend to create an active environment for the Underdeck, consistent with a consensus plan which would represent the agreed -upon conceptual plan for the Underdeck as agreed and defined in MOU 2 ("Consensus Plan"); and WHEREAS, the City has engaged the community and stakeholders to work cooperatively toward these goals in furtherance of the Underdeck project; and WHEREAS, one of the groups from which the City received input was the adhoc Underdeck Advisory Board ("UAB") established by concerned community stakeholders; and WHEREAS, the UAB sought a participating non-profit organization to house the funding and incubate the UAB through the planning process; and WHEREAS, Town Square Neighborhood Development Corporation, a Florida Not for Profit Corporation ("TSNDC"), was represented on the UAB and was willing to serve as the non- profit organization furthering the goals of the UAB through the planning process of the Underdeck; and WHEREAS, on August 14, 2020, the Board of TSNDC approved the formation of the Underdeck Subcommittee Advisory Group ("USAG") to promote and engage the community in support of the Underdeck project; and WHEREAS, TSNDC has advised that it has secured a two hundred thousand dollar ($200,000.00) match grant from the Knight Foundation known as the Underdeck Planning Grant to engage community members in the design and planning process for the Underdeck ("Grant") and matching funds for the Grant are being raised by USAG; and WHEREAS, TSNDC wishes to work in good faith with the City to develop a framework for the implementation, operation, maintenance, programming, and management of the Underdeck under a to -be -formed not -for -profit corporation, all in accordance with the terms of the a Memorandum of Understanding to be negotiated and executed by the City Manager, in a form acceptable to the City Attorney ("MOU"); and WHEREAS, there are various obligations and financial commitments necessary to operate a world class Underdeck and maintenance funds are far more difficult to secure in light of the recent global pandemic; and WHEREAS, the City and TSNDC wish to explore the methods of sharing responsibility to maintain and operate the Underdeck and to develop a mutually agreeable formal agreement, subject to approval by the City Commission and further subject to all agreements concerning the Underdeck, whether existing or as may be entered into, between the City and FDOT and any other governmental agencies required to effectuate the City's obligations in relation to the provisions of the MOU; 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 the MOU, in a form acceptable to the City Attorney, with TSNDC for the collaboration and coordination of the 1-395 Underdeck enhancements within the Signature Bridge project's limits. Section 3. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including amendments and modifications to the MOU, all in forms acceptable to the City Attorney, in furtherance of the terms and conditions of the MOU. Section 4. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: