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Home My WebLink AboutR-20-0106City of Miami q Legislation Resolution: R-20-0106 File Number: 7293 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/9/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND, SIX HUNDRED THIRTY-EIGHT DOLLARS ($256,638.00) FOR THE DESIGN AND PERMITTING OF A BAYWALK, KAYAK LAUNCH AND BOAT RAMP AT MORNINGSIDE PARK — PHASE 1 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED NINETY TWO THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS ($492,529.00), TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED, FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-1317351 1A OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. SPONSOR(S): Commissioner Ken Russell WHEREAS, the City of Miami ("City") wishes to design and permit a baywalk, kayak launch, and boat ramp at Morningside Park ("Project"); and WHEREAS, the total cost of this phase of the Project is estimated not to exceed Seven Hundred Forty -Nine Thousand, One Hundred Sixty -Seven Dollars ($749,167.00); and WHEREAS, grant funding is potentially available from the Florida Inland Navigation District ("FIND") for this Project pursuant to FIND Rule 6613-2, Florida Administration Code (T.A.C."); and WHEREAS, the City wishes to apply for reimbursement grant funding from FIND for amount not to exceed Two Hundred Fifty -Six Thousand, Six Hundred Thirty -Eight Dollars ($256,638.00), or fifty percent (50%) of the total eligible Project cost; and WHEREAS, in the event of the award, the City wishes to allocate the required matching funds in an amount not to exceed Two Hundred Fifty -Six Thousand, Six Hundred Thirty -Eight City of Miami Page 1 of 3 File ID: 7293 (Revision:) Printed On: 4/28/2020 File ID: 7293 Enactment Number: R-20-0106 Dollars ($256,638.00), or fifty percent (50%) of the total eligible Project cost, plus an additional amount not to exceed Two Hundred Thirty -Five Thousand, Eight Hundred Ninety -One Dollars ($235,891.00) towards non -reimbursable administrative cost as defined in FIND Rule 6613- 2.008, F.A.C., for a total amount not to exceed Four Hundred Ninety -Two Thousand, Five Hundred Twenty -Nine Dollars ($492,529.00); and WHEREAS, it is the City's intention to use a future grant from The Nature Conservancy as part of the required matching funds for eligible Project costs; and WHEREAS, in the event of the award, the budgeting, allocating, and appropriating of funds for both eligible and non -reimbursable administrative costs shall be by separate, future Resolution from funds available under Office of Capital Improvements ("OCI") Project 40 — B173511A or other legally available funding sources; and 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 submit an application for reimbursement grant funding, in a form acceptable to the City Attorney, to FIND Waterways Assistance Program for an amount not to exceed Two Hundred Fifty -Six Thousand, Six Hundred Thirty - Eight Thousand Dollars ($256,638.00) for the Project and to execute any and all necessary documents, all in a form acceptable to the City Attorney, in connection with the submission of said grant application. Section 3. The City Manager is further authorized' to accept grant funds in the event of an award of the grant for Fiscal Year 2020 — 2021 without the need for further City Commission approval and to execute, all in forms acceptable to the City Attorney, grant or deed agreements, amendments, modifications, renewals, or extensions in order to implement this Resolution. Section 4. The City Commission further certifies to FIND the following matters: (A) The City accepts the terms and conditions set forth in FIND Rule 6613-2 F.A.C., which outlines the Waterways Assistance Program and which will be a part of the Project Agreement for any assistance under this proposal; (B) The City is in complete accord with the proposal and agrees to carry out the Project in the manner described in the proposal and any plan and specifications attached thereto unless prior approval for any change has been received from FIND; (C) The City has the ability and intention to finance its share of the cost of the Project and that the Project will be operated and maintained at the expense of the City for public use; (D) The City will not unlawfully discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, shall comply with the terms and intent of the Title VI of the Civil Rights Act ' 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 City of Miami Page 2 of 3 File ID: 7293 (Revision:) Printed on: 4/28/2020 File ID: 7293 Enactment Number: R-20-0106 of 1964, P.L. 88-352 (1964), and shall design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state, and local laws, rules, and requirements; (E) The City agrees to maintain adequate financial records for the proposed Project to substantiate claims for reimbursements; and (F) The City will make available to FIND, if requested, a post -audit of expenses incurred on the Project prior to, or in conjunction with, request for the final ten percent (10%) of the funding agreed to by FIND. Section 5. In the event of the award, the City Manager is authorized' to (A) accept, allocate, and appropriate reimbursement grant funding in an amount not to exceed Two Hundred Fifty -Six Thousand, Six Hundred Thirty -Eight Dollars ($256,638.00) without the need for further City Commission approval and to (B) allocate required matching funds and other Project funds in a total amount not to exceed Four Hundred Ninety -Two Thousand, Five Hundred Twenty -Nine Dollars ($492,529.00), to be budgeted and appropriated by separate, future Resolution at the time of need from funds available under from OCI Project 40 — B173511A or other legally available funding sources. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: +rey i riai ' ndez, City At3/30/2020 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: 7293 (Revision:) Printed on: 412812020