HomeMy WebLinkAboutR-24-0512City of Miami
Resolution R-24-0512
Legislation
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 ("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.
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
City of Miami Page 1 of 3 File ID: 17019 (Revision:) Printed On: 8/12/2025
File ID: 17019 Enactment Number: R-24-0512
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 authorized' to negotiate and execute the Locally
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.
City of Miami Page 2 of 3 File ID: 17019 (Revision:) Printed on: 8/12/2025
File ID: 17019 Enactment Number: R-24-0512
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.
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:
rge Wyy ng III, 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.
City of Miami Page 3 of 3 File ID: 17019 (Revision:) Printed on: 8/12/2025