HomeMy WebLinkAboutR-23-0131City of Miami
Resolution R-23-0131
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Legislation
File Number: 13356
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2023
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 FIFTY TWO THOUSAND DOLLARS
($52,000.00) ("GRANT FUNDS") FOR THE REMOVAL OF DERELICT
VESSELS FROM THE CITY OF MIAMI'S JURISDICTIONAL WATERWAYS
("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, IN THE EVENT OF THE AWARD,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR
FISCAL YEAR 2023-2024 WITHOUT THE NEED FOR FURTHER CITY
COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING
FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED
FIFTY TWO THOUSAND DOLLARS ($52,000.00) TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF
NEED FROM CAPITAL PROJECT NUMBER 40-13222310 OR OTHER
LEGALLY AVAILABLE FUNDING SOURCES 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 remove derelict vessels from the
City's jurisdictional waterways ("Project"); and
WHEREAS, the total cost of this Project is estimated not to exceed an amount of
One Hundred Thousand Four Dollars ($104,000.00); 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 ("F.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 Fifty Two Thousand
Dollars ($52,000.00), or fifty percent (50%) of the total Project cost ("Grant Funds"); and
WHEREAS, in the event of the award of the Grant Funds, the City wishes to
allocate required matching funds in an amount not to exceed Fifty Two Thousand
City of Miami Page 1 of 3 File ID: 13356 (Revision:) Printed On: 3/14/2023
File ID: 13356 Enactment Number: R-23-0131
Dollars ($52,000.00) ("City Match"), or fifty percent (50%) of the total Project cost, as
defined in FIND Rule 6613-2.008, 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 available under capital project number 40-13222310 or 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 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 Fifty -Two Thousand
Dollars ($52,000.00) 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 2023 — 2024 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;
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
City of Miami Page 2 of 3 File ID: 13356 (Revision:) Printed on: 3/14/2023
File ID: 13356 Enactment Number: R-23-0131
(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 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 (10%) of the funding agreed to by FIND.
Section 6. In the event of the award, the City Manager is authorized' to accept,
allocate, and appropriate the Grant Funds without the need for further City Commission
approval and to allocate the required City Match and other Project funds to be budgeted
and appropriated by separate, future Resolution at the time of need from capital project
40-13222310 or other legally available funding sources.
Section 7. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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i na i "ndez, City Attor iey 2/28/2023
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 13356 (Revision:) Printed on: 3/14/2023