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AGENDA ITEM COVER PAGE
01A1t° " File ID: #11920
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Resolution
Sponsored by: Commissioner Ken Russell
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 ONE THOUSAND THREE HUNDRED SEVENTY
DOLLARS ($201,370.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF A
BAYWALK AT THE SHAKE -A -LEG MIAMI WATERFRONT PROPERTY LOCATED AT
2620 SOUTH BAYSHORE DRIVE— PHASE 2 PROJECT ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER,
AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION FROM
SHAKE -A -LEG MIAMI, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION
("SALM") IN A MINIMUM AMOUNT OF TWO HUNDRED ONE THOUSAND THREE
HUNDRED SEVENTY DOLLARS ($201,370.00) ("SALM CONTRIBUTION") FOR THE
REQUIRED MATCHING FUNDS FOR THE PROJECT; FURTHER IN THE EVENT OF
THE AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY
COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING
FUNDS, INCLUSIVE OF THE SALM CONTRIBUTION AND OTHER PROJECT FUNDS
IN AN AMOUNT NOT TO EXCEED TWO HUNDRED ONE THOUSAND THREE
HUNDRED SEVENTY DOLLARS ($201,370.00) TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED
AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS,
RENEWALS, AND EXTENSIONS THERETO.
c-,IV _ ox
City of Miami City Hall
IILi11 11°Tt° 3500 Pan American Drive
°1 Legislation Miami, FL 33133
r o"`g a °) Resolution www.miamigov.com
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Enactment Number: R-22-0175
File Number: 11920 Final Action Date:5/12/2022
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 ONE THOUSAND THREE HUNDRED SEVENTY
DOLLARS ($201,370.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF A
BAYWALK AT THE SHAKE -A -LEG MIAMI WATERFRONT PROPERTY LOCATED AT
2620 SOUTH BAYSHORE DRIVE— PHASE 2 PROJECT ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER,
AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION FROM
SHAKE -A -LEG MIAMI, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION
("SALM") IN A MINIMUM AMOUNT OF TWO HUNDRED ONE THOUSAND THREE
HUNDRED SEVENTY DOLLARS ($201,370.00) ("SALM CONTRIBUTION") FOR THE
REQUIRED MATCHING FUNDS FOR THE PROJECT; FURTHER IN THE EVENT OF
THE AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY
COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING
FUNDS, INCLUSIVE OF THE SALM CONTRIBUTION AND OTHER PROJECT FUNDS
IN AN AMOUNT NOT TO EXCEED TWO HUNDRED ONE THOUSAND THREE
HUNDRED SEVENTY DOLLARS ($201,370.00) TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED
AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS,
RENEWALS, AND EXTENSIONS THERETO.
WHEREAS, the City of Miami ("City") wishes to construct a baywalk at the Shake — A —
Leg Miami Waterfront Property— Phase 2 Project ("Project"); and
WHEREAS, the total cost of this phase of the Project is estimated not to exceed four
hundred two thousand seven hundred forty dollars ($402,740.00); and
WHEREAS, grant funding is potentially available from the Florida Inland Navigation
District ("FIND") Waterways Assistance Program for the 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 the FIND
Waterways Assistance Program in the amount not to exceed two hundred one thousand three
hundred seventy dollars ($201,370.00)or fifty percent (50%) of the total Project cost ("Grant
Funds"); and
WHEREAS, the City wishes to accept a contribution from Shake -A -Leg Miami, Inc., a
Florida not -for -profit corporation ("SALM") in a minimum amount of two hundred one thousand
three hundred seventy dollars ($201,370.00) ("SALM Contribution") for the required matching
funds for the Project; and
WHEREAS, in the event of the award of the Grant Funds, the City wishes to allocate the
required matching funds in an amount not to exceed two hundred one thousand three hundred
seventy dollars ($201,370.00) ("City Match"), or fifty percent (50%) of the total Project cost, as
defined in FIND Rule 66B-2.008, F.A.C.; and
WHEREAS, in the event of the award, the appropriation of funds for both eligible and
non -reimbursable administrative costs shall be by separate, future Resolution from funds
provided by the SALM Contribution or other legal 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 authorized' to submit an application for the
reimbursement Grant Funds, in a form acceptable to the City Attorney, to the FIND Waterways
Assistance Program for an amount not to exceed two hundred one thousand three hundred
seventy dollars ($201,370.00) for the Project.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, all in a form acceptable to the City Attorney, in connection with the
submission of the grant application.
Section 4. The City Manager is further authorized' to accept the Grant Funds in the
event of an award for Fiscal Year 2022 — 2023 without the need for further City Commission
approval and to negotiate and 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 5. The City certifies to FIND the following matters:
(1) 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;
(2) 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;
(3) 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;
(4) The City will not unlawfully discriminate against any person on basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
' 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.
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P.L. 88-352 (1964) and 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;
(5) The City agrees to maintain adequate financial records for the proposed Project to
substantiate claims for reimbursements; and
(6) 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 6. The City Manager is further authorized' to accept the SALM Contribution for
Fiscal Year 2022 — 2023 without the need for further City Commission approval and to negotiate
and execute any necessary documents, all in forms acceptable to the City Attorney, including
agreements, amendments, modifications, renewals, or extensions in order to implement this
Resolution.
Section 7. In the event of the award, the City Manager is authorized' to accept, allocate,
and appropriate the Grant Funds and SALM Contribution without the need for further City
Commission approval and to accept and allocate the required City Match, inclusive of the SALM
Contribution and other Project funds to be budgeted and appropriated by separate, future
Resolution at the time of need. The SALM Contribution shall solely be used towards the City's
required match and/or other required Project funds.
Section 8. The City Manager is further authorized' to take any and all steps necessary in
order to implement this Resolution.
Section 9. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor ey 5/3/2022
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.