HomeMy WebLinkAboutR-19-0106City of Miami
Resolution R-19-0106
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5402 Final Action Date: 3/14/2019
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 WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY-TWO THOUSAND,
THREE HUNDRED EIGHTY-NINE DOLLARS ($772,389.00) FOR THE
CONSTRUCTION OF THE BAYWALK BEHIND THE FIRST PRESBYTERIAN
CHURCH AT 609 BRICKELL AVENUE, MIAMI, FLORIDA ("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 AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-
2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL
AND TO 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 build a baywalk behind the First
Presbyterian Church at 609 Brickell Avenue, Miami, Florida ("Project"); and
WHEREAS, the total cost of this phase of the Project is estimated not to exceed
One Million, Seven Hundred Fourteen Thousand, Seven Hundred Four Dollars
($1,714,704.00); and
WHEREAS, grant funding is potentially available from the Florida Inland Navigation
District ("FIND") for this Project pursuant to FIND Rule 66B-2, Florida Administrative Code
("F.A.C."); and
WHEREAS, the City wishes to apply for reimbursement grant funding from FIND in
the amount not to exceed Seven Hundred Seventy -Two Thousand, Three Hundred Eighty -
Nine Dollars ($772,389.00), or fifty percent (50%) of the total eligible Project cost; and
WHEREAS, in the event of an award, the City wishes to allocate required matching
funds in an amount not to exceed Seven Hundred Seventy -Two Thousand, Three Hundred
Eighty -Nine Dollars ($772,389.00), or fifty percent (50%) of the total eligible Project cost,
plus an additional amount not to exceed One Hundred Sixty -Nine Thousand, Nine Hundred
Twenty -Six ($169,926.00) towards non -reimbursable administrative costs as defined in
FIND Rule 66B-2.008, F.A.C. for a total amount not to exceed Nine Hundred Forty -Two
Thousand, Three Hundred Fifteen Dollars ($942,315.00); and
City of Miami Page 1 of 3 File ID: 5402 (Revision:) Printed On: 4/17/2025
File ID: 5402 Enactment Number: R-19-0106
WHEREAS, in the event of an award, the appropriation of funds for both eligible and
non -reimbursable administrative costs shall be by separate Resolution from funds available
under Office of Capital Improvements ("OCI") Project 40-B183401 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 reimbursement
grant funding, in a form acceptable to the City Attorney, to FIND Waterways Assistance
Program for an amount not to exceed Seven Hundred Seventy -Two Thousand, Three Hundred
Eighty -Nine Dollars ($772,389.00) 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 2019-2020 without the need for further City Commission
approval and to execute, in a form 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:
(1) The City accepts the terms and conditions set forth in FIND Rule 66B-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 the 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 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
1 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 City Code
provisions.
City of Miami Page 2 of 3 File ID: 5402 (Revision:) Printed on: 4/17/2025
File ID: 5402 Enactment Number: R-19-0106
(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 5. In the event of an award, the City Manager is authorized' to accept,
allocate, and appropriate reimbursement grant funding in an amount not to exceed Seven
Hundred Seventy -Two Thousand, Three Hundred Eighty -Nine Dollars ($772,389.00)
without the need for further City Commission approval and to allocate required matching
funds and other Project funds in a total amount not to exceed Nine Hundred Forty -Two
Thousand, Three Hundred Fifteen Dollars ($942,315.00) with the appropriation to occur by
separate Resolution at time of need from funds available under OCI Project No. 40-
B183401 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:
Barnaby I_. Min, Deputy City Attorney 3/5/2019
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: 5402 (Revision:) Printed on: 4/17/2025