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Home My WebLink AboutR-23-0210City of Miami Resolution R-23-0210 alldl 11 li.Rl I + Legislation File Number: 13352 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/11/2023 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 FOUR MILLION THREE HUNDRED FIFTY TWO THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($4,352,670.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF THE BULKHEAD AND BAYWALK, AND IMPROVEMENTS TO THE BOAT RAMP AND TRAILER PARKING AREA AT MORNINGSIDE PARK — PART 1 OF PHASE 2 ("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 AN 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 IN AN AMOUNT NOT TO EXCEED FIVE MILLION FIFTY TWO THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($5,052,670.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-1340532 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 construct the bulkhead, a 15-foot baywalk and improve the boat ramp and trailer parking area at Morningside Park — Part 1 of Phase 2 Project ("Project"); and WHEREAS, the total cost of this phase of the Project is estimated not to exceed Nine Million Four Hundred Five Thousand Three Hundred Forty Dollars and Zero Cents ($9,405,340.00); and WHEREAS, grant funding is potentially available from the Florida Inland Navigation District ("FIND") Waterways Assistance Program 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 the FIND Waterways Assistance Program in an amount not to exceed Four Million Three Hundred Fifty Two Thousand Six Hundred Seventy Dollars and Zero Cents ($4,352,670.00), or fifty percent (50%) of the total eligible Project cost ("Grant Funds"); and City of Miami Page 1 of 3 File ID: 13352 (Revision: A) Printed On: 5/16/2023 File ID: 13352 Enactment Number: R-23-0210 WHEREAS, in the event of the award of Grant Funds, the City wishes to allocate required matching funds in an amount not to exceed Four Million Three Hundred Fifty Two Thousand Six Hundred Seventy Dollars and Zero Cents ($4,352,670.00), or fifty percent (50%) of the total eligible Project cost, plus an additional amount not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00), for a total amount not to exceed Five Million Fifty Two Thousand Six Hundred Seventy Dollars and Zero Cents ($5,052,670.00) ("City Match"), towards non -reimbursable administrative costs, 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 available under capital project number 40-1340532 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 Four Million Three Hundred Fifty Two Thousand Six Hundred Seventy Dollars and Zero Cents($4,352,670.00) for the Project. Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, all in forms 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 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: 13352 (Revision: A) Printed on: 5/16/2023 File ID: 13352 Enactment Number: R-23-0210 (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 ten percent (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 to be budgeted and appropriated by separate, future Resolution at the time of need from capital project number 40-1340532 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: 1 1 i ria i "ndez, ity Httor ey 212812023 Uri ndez, City Httor ey 4/4/2023 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: 13352 (Revision: A) Printed on: 511612023