HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: John A. Greco, Interim City Attorney�✓t�
DATE: May 22, 2024
RE: Substitution of RE.16 on the April 25, 2024, City Commission Meeting
Capital Reappropriation
File No.: 15918
Item RE.16 on the April 25, 2024, City Commission Meeting Agenda authorizes
the reappropriation of funds from one capital project to another. The Legislation is
substituted by the Sponsor to provide that the City Manager is authorized to reallocate
funds in the total not to exceed the amount of Five Hundred Fifty Thousand and 00/100
Dollars ($550,000.00) ("Funds") previously allocated to the Swannanoa Mini Park -
Right of Way Improvements Project, Project No. 40-B203519 ("Swannanoa Mini Park")
and the Shenandoah Mini Park - Right of Way Improvements Project, Project No. 40-
B203518 ("Shenandoah Mini Park") (collectively, "Mini Park Projects"), and re -
appropriate the Funds to the West End Park Pool and Enhancements Project, Project No.
40-B183505 ("West End Park Project"), all as set forth in Exhibit "A," which is also
being substituted to provide additional detail.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15918 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF FIVE HUNDRED FIFTY
THOUSAND AND 00/100 DOLLARS ($550,000.00) ("FUNDS") FROM THE
SWANNANOA MINI PARK - RIGHT OF WAY IMPROVEMENTS PROJECT,
PROJECT NO. 40-B203519 ("SWANNANOA MINI PARK") AND THE
SHENANDOAH MINI PARK - RIGHT OF WAY IMPROVEMENTS PROJECT,
PROJECT NO. 40-B203518 ("SHENANDOAH MINI PARK"), IN THE CITY OF
MIAMI'S ("CITY") FISCAL YEAR 2023-24 MULTI -YEAR CAPITAL PLAN
ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-
0376, AS SUBSEQUENTLY AMENDED ("CAPITAL PLAN"), AND RE -
APPROPRIATING SAID FUNDS TO THE WEST END PARK POOL AND
ENHANCEMENTS PROJECT, PROJECT NO. 40-B183505 ("WEST END PARK
PROJECT"), ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND
INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN
NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY
DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT
FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION
THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND
OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH';
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE;,ANN
AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AGREE(VIEI M,
AMENDMENTS, MODIFICATIONS, AND MEMORANDUM OF
UNDERSTANDING, ALL IN FORMS ACCEPTABLE TO THE CITY A f ORNIsj,
NECESSARY FOR THE PURPOSES SATED HEREIN; PROVIDING FJ AN{,
EFFECTIVE DATE. ;.=-�
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SPONSOR(S): Commissioner Manolo Reyes r-„l c i
WHEREAS, except for such changes as set forth herein, all previous appropriati6hs
remain authorized to continue as previously approved City of Miami ("City") capital projects
(new, revised, and continued projects collectively, "Projects") according to the Fiscal Year 2023-
2024 Multi -Year Capital Plan adopted on September 9, 2023 pursuant to Resolution No. R-23-
0376, as subsequently amended ("Capital Plan"); and
WHEREAS, it is now necessary to reallocate funds in the total not to exceed amount of
Five Hundred Fifty Thousand and 00/100 Dollars ($550,000.00) ("Funds") previously allocated
to the Swannanoa Mini Park - Right of Way Improvements Project, Project No. 40-B203519
("Swannanoa Mini Park") and the Shenandoah Mini Park - Right of Way Improvements Project,
Project No. 40-B203518 ("Shenandoah Mini Park") (collectively, "Mini Park Projects"), and re -
appropriate the Funds to the West End Park Pool and Enhancements Project, Project No. 40-
B183505 ("West End Park Project"), all as set forth in Exhibit "A," attached and incorporated;
and
City of Miami Page 1 of 2 File ID: 15918 (Revision:) Printed On: 4/21/2024
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File ID: 15918 Enactment Number:
WHEREAS, on March 11, 2021, President Joseph R. Biden signed the American
Rescue Plan Act of 2021 ("ARPA") into law; and
WHEREAS, ARPA is a historic emergency financial relief and investment package that
addresses the unprecedented public health and economic crisis resulting from the Novel
Coronavirus ("COVID-19") pandemic; and
WHEREAS, the Secretary of the United States Department of the Treasury issued the
final rule (31 CFR Part 35) to implement the Coronavirus State Fiscal and Local Fiscal Recovery
Funds ("ARPA Funds") established under ARPA ("Final Rule"); and
WHEREAS, the Final Rule establishes the guidance and eligible uses of the ARPA
Funds; and
WHEREAS, pursuant to a memorandum dated April 10, 2023, the City's ARPA
consultant has determined that allocating and appropriating ARPA Funds to the West End Park
Project is an eligible use of ARPA Funds under the Final Rule;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby approves and authorizes' the City Manager to
reallocate Funds in the total not to exceed amount of Five Hundred Fifty Thousand and 00/100
Dollars ($550,000.00) previously allocated to the Mini Park Projects and re -appropriate said
funds to the West End Park Project, all as set forth in Exhibit "A," attached and incorporated.
Section 3. Certain necessary actions by the City Manager and designated City officials
and departments made in order to update the Capital Plan, relevant financial controls and
computer systems in connection therewith, for project close-outs, and for grants and other
funding sources in progress in connection herewith are ratified, approved, and confirmed.
Section 4. The City Manager is authorized' to negotiate and execute any and all
documents, including, but not limited to, agreements, amendments, modifications, and
memorandum of understanding, all in forms acceptable to the City Attorney, necessary for the
purposes sated herein.
Section 5. This Resolution shall become effective immediately upon its adoption ands
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
C)
1 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.
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.
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City of Miami Page 2 of 2 File ID: 15918 (Revision:) Printed on: 4/21/2024
Exhibit A
#
, From
Project No.
From
Project Name
Amount
Fund
Number
Fund Name
To
Project No.
To
Project Name
Amount
Fund
Number
Fund Name
Award
Number
Award Name
1
40-13203518
Shenandoah Mini
Park - Right of Way
Improvements
$ (50,000.00)
35000
Parks &
Recreation
40-8183505
West End Park Pool
and Enhancements
$ 50,000.00
35000
Parks &
Recreation
1426
Contribution
from General
Fund
2
40-13203519
Swannanoa Mini
Park - Right of Way
Improvements
$ (500,000.00)
35000
Parks &
Recreation
40-8183505
West End Park Pool
and Enhancements
$ 500,000.00
35000
Parks &
Recreation
2773
Contribution
from American
Rescue Plan Act
Total Re -appropriations (1 $ (550,000.00)
Total Re -appropriations $ 550,000.00
(15918) Exhibit A - D4
City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15918
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF
DOLLARS ($ ) ("FUNDS") FROM PROJECT,
PROJECT NO. 40-B , IN THE CITY OF MIAMI'S ("CITY") FISCAL
YEAR 2023-24 MULTI -YEAR CAPITAL PLAN ADOPTED ON September 9,
2023 PURSUANT TO RESOLUTION NO. R-23-0376, AS SUBSEQUENTLY
AMENDED ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO
THE PROJECT, PROJECT NO. 40-B RATIFYING,
APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE
CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO
UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND
COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT
CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN
PROGRESS IN CONNECTION HEREWITH; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL DOCUMENTS,
INCLUDING, BUT NOT LIMITED TO, AGREEMENTS, AMENDMENTS,
MODIFICATIONS, AND MEMORANDUM OF UNDERSTANDING, ALL IN`
FORMS ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY FOR THE -
PURPOSES SATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE:3,1
SPONSOR(S): Commissioner Manolo Reyes ry
WHEREAS, except for such changes as set forth herein, all previous appropriations az
remain authorized to continue as previously approved City of Miami ("City") capital projects rss
(new, revised, and continued projects collectively, "Projects") according to the Fiscal Year 20?-
2024 Multi -Year Capital Plan adopted on September 9, 2023 pursuant to Resolution No, R-23�
0376, as subsequently amended ("Capital Plan"); and
WHEREAS, it is now necessary to reallocate funds in the total not to exceed amount of
Dollars ($ ) ("Funds") previously allocated to the
Project, Project No. 40-B (" "), and re -appropriate the
Funds to the Project, Project No. 40-B (" "), all as set
forth in Exhibit "A," attached and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 15918 (Revision:) Printed On: 4/22/2024
File ID: 15918 Enactment Number:
Section 2. The City Commission hereby approves and authorizes' the City Manager to
reallocate Funds in the total not to exceed amount of Dollars ($
previously allocated to the and re -appropriate said funds to the
all as set forth in Exhibit "A," attached and incorporated.
Section 3. Certain necessary actions by the City Manager and designated City officials
and departments made in order to update the Capital Plan, relevant financial controls and
computer systems in connection therewith, for project close-outs, and for grants and other
funding sources in progress in connection herewith are ratified, approved, and confirmed.
Section 4. The City Manager is authorized' to negotiate and execute any and all
documents, including, but not limited to, agreements, amendments, modifications, and
memorandum of understanding, all in forms acceptable to the City Attorney, necessary for the
purposes sated herein.
Section 5. 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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1 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.
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 2 of 2 File ID: 15918 (Revision:) Printed on: 4/22/2024
EXHIBIT A
[To be distributed at a later date]
3170.
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