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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17019 Date: 12/03/2024 Commission Meeting Date: 12/12/2024 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2, District 5 Type: Resolution Subject: Authorize LFA Agrmnt - FDOT- 1-395 Underdeck Project Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LOCALLY FUNDED AGREEMENT ("LFA") WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING FOR THE CITY OF MIAMI'S CONTRIBUTION IN THE AMOUNT OF TEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($10,800,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED OR BY OTHER LEGALLY AVAILABLE FUNDING SOURCES FOR COSTS ASSOCIATED WITH THE COMMUNITY ENHANCEMENTS UNDERNEATH THE INTERSTATE 395 ("I-395") BRIDGE LOCATED BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-24-0138 OF THE MIAMI CITY COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER AGREEMENTS, APPLICATIONS, REQUIRED JOINDERS, AND RELATED DOCUMENTS, AMENDMENTS, AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT Background Information: 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 FDOT will plan, design, and construct the proposed 1-395 Signature Bridge, the community enhancements below 1-395 (the "Project") and highway capacity improvements which are intended to improve mobility and safety in the surrounding area as described in the attached and incorporated Exhibit "A" Scope of Services; and the Project represents a significant partnership between FDOT and the City of Miami ("City"), embodying the design themes of activity, connection, authenticity, and greenery, and is anticipated to include an amphitheater, event lawn, community plaza, children's play area, dog play area, multi -use court, and water feature, thereby fostering a diverse range of public events and cultural activities; and the City and FDOT entered into that certain Memorandum of Understanding dated April 4, 2019 ("MOU 1") and a Second Memorandum of Understanding dated August 14, 2020, as amended by the First Amendment to Second Memorandum of Understanding, dated September 14, 2021, and further amended by the Second Amendment to Second Memorandum of Understanding dated July 1, 2022 (as amended, "MOU 2") to specifically outline their expectations as to their respective roles and responsibilities regarding the design, maintenance and operation of the Project; and on February 28, 2022, City staff submitted, and the FDOT accepted, a consensus plan representing the proposed basis of design for the Project; and a third Memorandum of Understanding dated October 20, 2023 ("MOU 3"), was entered into between FDOT and the City providing for the manner in which to proceed concerning design, maintenance and operation of the Project; and FDOT is in the process of entering into a Federal grant agreement with the United States Department of Transportation through its delegated division, the Federal Highway Administration, for grant funds to be contributed toward the Project, the terms and conditions of which may affect the terms and conditions of the LFA; and the City's contribution for costs associated with the project are ten million eight hundred thousand dollars ($10,800,000.00), as more particularly described in Exhibit "B" attached hereto and made part hereof; and the City's contribution shall be utilized as part of the matching contribution required by the USDOT grant; and the City and FDOT wish to enter into a Locally Funded Agreement ("LFA") setting forth the manner in which the City's contribution will be utilized by FDOT in conjunction with the USDOT grant funds toward the construction of the Project; and the City and FDOT are authorized to enter into the LFA pursuant to Sections 334.044(7) and 339.12, Florida Statutes; and the City Commission previously adopted Resolution No. R-24-0138, which mandates the identification of the specific funding source at the time of adoption for any resolutions that commit City funds to capital projects; and Resolution No. R-24-0138 provides that the City Commission may waive the requirements set forth therein by an affirmative vote of three (3) members of the City Commission; and the City Manager hereby requests authorization to negotiate and execute the LFA, and any other agreements, applications, and related documents amendments and modifications to said LFA, as may be required, all in a form acceptable to the City Attorney, with a City contribution in an amount not to exceed ten million eight hundred thousand dollars ($10,800,000.00) to be budgeted and appropriated by separate, future resolution at the time of need or by other legally available funding sources. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $ 10,800,000.00 CIP Project No: 40-B193621 City Manager's Office Arthur Noriega V Office of Management and Budget Pedro Lacret Department of Real Estate and Asset Management Review Completed Office of Management and Budget City Manager's Office City Manager's Office Reviewed B 12/03/2024 5:37 PM Leon P Michel Natasha Colebrook -Williams Larry M. Spring City Manager Review Budget Analyst Review Andrew Frey Budget Review Deputy City Manager Review Assistant City Manager Completed 12/03/2024 5:00 PM Completed 12/03/2024 5:25 PM Department Head Completed Completed Completed 12/03/2024 5:49 PM 12/03/2024 5:52 PM 12/03/2024 6:47 PM Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Valentin J Alvarez Jacqueline Lorenzo George K. Wysong III Todd B. Hannon Mayor's Office City Clerk's Office City Clerk's Office Legislative Division Review ACA Review Approved Form and Correctness Meeting Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 12/03/2024 7:33 PM 12/03/2024 8:11 PM 12/03/2024 8:40 PM 12/12/2024 9:00 AM 12/20/2024 2:00 PM 12/20/2024 2:16 PM 12/23/2024 10:34 AM City of Miami Legislation Resolution Enactment Number: R-24-0512 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17019 Final Action Date:12/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LOCALLY FUNDED AGREEMENT ("LFA") WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING FOR THE CITY OF MIAMI'S CONTRIBUTION IN THE AMOUNT OF TEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($10,800,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED OR BY OTHER LEGALLY AVAILABLE FUNDING SOURCES FOR COSTS ASSOCIATED WITH THE COMMUNITY ENHANCEMENTS UNDERNEATH THE INTERSTATE 395 ("1-395") BRIDGE LOCATED BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-24-0138 OF THE MIAMI CITY COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER AGREEMENTS, APPLICATIONS, REQUIRED JOINDERS, AND RELATED DOCUMENTS, AMENDMENTS, AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT. 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 ("Project") and highway capacity improvements which are intended to improve mobility and safety in the surrounding area as described in the attached and incorporated Exhibit "A" Scope of Services; and WHEREAS, the Project represents a significant partnership between FDOT and the City of Miami ("City"), embodying the design themes of activity, connection, authenticity, and greenery, and is anticipated to include an amphitheater, event lawn, community plaza, children's play area, dog play area, multi -use court, and water feature, thereby fostering a diverse range of public events and cultural activities; and WHEREAS, the City and FDOT entered into that certain Memorandum of Understanding dated April 4, 2019 ("MOU 1") and a Second Memorandum of Understanding dated August 14, 2020, as amended by the First Amendment to Second Memorandum of Understanding, dated September 14, 2021, and further amended by the Second Amendment to Second Memorandum of Understanding dated July 1, 2022 (as amended, "MOU 2") to specifically outline their expectations as to their respective roles and responsibilities regarding the design, maintenance and operation of the Project; and WHEREAS, on February 28, 2022, City staff submitted, and the FDOT accepted, a consensus plan representing the proposed basis of design for the Project; and WHEREAS, a third Memorandum of Understanding dated October 20, 2023 ("MOU 3"), was entered into between FDOT and the City providing for the manner in which to proceed concerning design, maintenance and operation of the Project; and WHEREAS, FDOT is in the process of entering into a Federal grant agreement with the United States Department of Transportation ("USDOT") through its delegated division, the Federal Highway Administration, for grant funds to be contributed toward the Project, the terms and conditions of which may affect the terms and conditions of the LFA; and WHEREAS, the City's contribution for costs associated with the project are ten million eight hundred thousand dollars ($10,800,000.00), as more particularly described in Exhibit "B" attached hereto and made part hereof; and WHEREAS, the City's contribution shall be utilized as part of the matching contribution required by the USDOT grant; and WHEREAS, the City and FDOT wish to enter into a Locally Funded Agreement ("LFA") setting forth the manner in which the City's contribution will be utilized by FDOT in conjunction with the USDOT grant funds toward the construction of the Project; and WHEREAS, the City and FDOT are authorized to enter into the LFA pursuant to Sections 334.044(7) and 339.12, Florida Statutes; and WHEREAS, the City Commission previously adopted Resolution No. R-24-0138, which mandates the identification of the specific funding source at the time of adoption for any resolutions that commit City funds to capital projects; and WHEREAS, Resolution No. R-24-0138 provides that the City Commission may waive the requirements set forth therein by an affirmative vote of three (3) members of the City Commission; and WHEREAS, the City Manager hereby requests authorization to negotiate and execute the LFA, and any other agreements, applications, and related documents amendments and modifications to said LFA, as may be required, all in a form acceptable to the City Attorney, with a City contribution in an amount not to exceed ten million eight hundred thousand dollars ($10,800,000.00) to be budgeted and appropriated by separate, future resolution at the time of need or by other legally available funding sources. 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 hereby authorized1 to negotiate and execute the Locally Funded Agreement with FDOT, in a form acceptable to the City Attorney, providing for the City's contribution to the construction costs associated with the Project in an amount not to exceed ten million eight hundred thousand dollars ($10,800,000.00) to be budgeted and appropriated by separate, future resolution at the time of need or by other legally available funding sources. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. Section 3. The requirements of Resolution No. R-24-0138 are hereby waived, as permitted by the provisions outlined in such Resolution. Section 4. The City Manager is further authorized to negotiate and execute all other agreements, including applications and related documents, amendments, and modifications to said LFA, all in a form acceptable to the City Attorney, as may be necessary to effectuate said LFA. Section 5. This Resolution shall be effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy ng IIP, C y ttor -y 12/3/2024 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.