HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-19-0126
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5528 Final Action Date: 3/28/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT
GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED
FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000.00) FOR THE
DESIGN AND PERMITTING UNDER 1-395 — PHASE 1 — PEDESTRIAN
BAYWALK CONNECTION ("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; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
FROM THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF
MIAMI, FLORIDA THE REQUIRED MATCHING FUNDS AND NON -
REIMBURSABLE ADMINISTRATIVE COSTS IN AN AMOUNT NOT TO
EXCEED SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00).
WHEREAS, the City of Miami ("City") wishes to design and permit a pedestrian
baywalk to provide continuity and connectivity between the existing baywalks under 1-395
("Project"); and
WHEREAS, the total cost of this phase of the Project is estimated not to exceed One
Million, One Hundred Twenty Thousand Dollars ($1,120,000.00); 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 for an
amount not to exceed Four Hundred Twenty Thousand Dollars ($420,000.00), or fifty percent
(50%) of the total eligible Project cost; and
WHEREAS, the Downtown Development Authority of the City of Miami, Florida ("DDA")
will provide matching funds necessary for the completion of the Project; and
WHEREAS, the DDA has committed to passing a resolution within sixty (60) days of
submittal of the FIND application committing to allocate the required match of Four Hundred
City of Miami Page 1 of 3 File ID: 5528 (Revision: A) Printed On: 4/12/2019
File ID: 5528 Enactment Number: R-19-0126
Twenty Thousand Dollars ($420,000.00) and non -reimbursable administrative costs of Two
Hundred Eighty Thousand Dollars ($280,000.00) for a total amount not to exceed Seven
Hundred Thousand Dollars ($700,000.00) for the completion of this Project; and
WHEREAS, in the event of an award, the City wishes to accept from the DDA the
required matching funds in an amount not to exceed Four Hundred Twenty Thousand Dollars
($420,000.00), or fifty percent (50%) of the total eligible Project cost, plus an additional amount
not to exceed Two Hundred Eighty Thousand Dollars ($280,000.00) for non -reimbursable
administrative costs, as defined in FIND Rule 66B-2.008, F.A.C, for a total amount not to
exceed Seven Hundred Thousand Dollars ($700,000.00); and
WHEREAS, the Miami Yacht Show has contributed One -Hundred Fifty Thousand
Dollars ($150,000.00) for the Project; and
WHEREAS, in the event of an award, the allocation and appropriation of funds for both
eligible and non -reimbursable administrative costs shall be by separate Resolution from 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, in a form
acceptable to the City Attorney, for reimbursement grant funding to FIND Waterways Assistance
Program for an amount not to exceed Four Hundred Twenty Thousand Dollars ($420,000.00)
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
action and to execute, in a form acceptable to the City Attorney, grant or deed agreements,
amendments, modifications, renewals, and 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;
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: 5528 (Revision: A) Printed on: 4/12/2019
File ID: 5528 Enactment Number: R-19-0126
(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 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 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 Four Hundred Twenty
Thousand Dollars ($420,000.00) without the need for further City Commission approval.
Section 6. In the event of an award, the City Manager is further authorized' to accept,
allocate, and appropriate from the DDA funds necessary for the completion of the Project in an
amount not to exceed Seven Hundred Thousand Dollars ($700,000.00).
Section 7. In the event of an award, the City Manager is further authorized' to allocate
the required matching funds and other Project funds in a total amount not to exceed Seven
Hundred Thousand Dollars ($700,000.00) with the appropriation to occur by separate
Resolution at time of need from legally available funding sources.
Section 8. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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: 5528 (Revision: A) Printed on: 4/12/2019
ATTACHMENT E-7
RESOLUTION FOR ASSISTANCE 2019
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Miami is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of Miami
and the State of Florida:
Project Title: Design and Permitting (Phase I) of the Baywalk Pedestrian Connector under
1-395.
Total Estimated Cost $ 1,120,000.00 (including $280,000.00 in administration non —
reimbursable cost.
Brief Description of Project: The City of Miami ("City") is seeking funding for the design
and permitting of a pedestrian baywalk connection under I-395.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the City of Miami
that the project described above be authorized,
AND, be it further resolved that said City of Miami
(Name of Agency)
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of eligible 50% of the
actual cost of the project in behalf of said City of Miami
(Name of Agency)
AND, be it further resolved by the City of Miami
(Name of Agency)
that it certifies to'the following:
1. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
3. That it has the ability and intention to fmance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Miami for public use.
(Name of Agency)
4. That it will not 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 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 persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it 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.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the Miami City Commission at a legal meeting
held on this 28th day of March 2019 .
Attest Signature
City Manager
Title Title
(2)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)