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HomeMy WebLinkAboutR-24-0089City of 'yoFJy�9 Res • • 1 1 :LeiI • • File Number: 15358 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/14/2024 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 ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00) ("GRANT FUNDS") FOR THE REMOVAL OF DERELICT VESSELS FROM THE CITY OF MIAMI'S ("CITY'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 2024-2025 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40 — B25TBD 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. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Damian Pardo 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 Two Hundred Thousand Dollars and Zero Cents ($200,000.00); 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 (T.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 One Hundred Thousand Dollars and Zero Cents ($100,000.00), or fifty percent (50%) of the total Project cost ("Grant Funds"); and City of Miami Page 1 of 3 File ID: 15358 (Revision: A) Printed On: 41512024 Rescinded by R-24-0134 File ID: 15358 Enactment Number: R-24-0089 WHEREAS, in the event of the award of the Grant Funds, the City wishes to allocate the required matching funds in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) ("City Match"), or fifty percent (50%) of the total Project cost, 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 — B25TBD 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 One Hundred Thousand Dollars and Zero Cents ($100,000.00) 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 2024 — 2025 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; (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 ' 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: 15358 (Revision: A) Printed on: 41512024 File ID: 15358 Enactment Number: R-24-0089 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 number 40 — B25TBD 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: ez, CiFy Attor ey 4/5/2024 ' 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 3 of 3 File ID: 15358 (Revision: A) Printed on: 41512024 City of Miami Resolution R-24-0089 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15358 Final Action Date: 3/14/202 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 ONE HUNDRED THOUSAND DOLLA AND ZERO CENTS ($100,000.00) ("GRANT FUNDS") FOR THE REMOVALO DERELICT VESSELS FROM THE CITY OF MIAMI'S ("CITY'llhir JURISDICTIONAL WATERWAYS ("PROJECT"); FURTHER AUTHOR! 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 2024-2025 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40 — B25TBD 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. SPONSOR(S): Commissioner Manolo eyes, Commissioner Damian Pardo WHEREAS, the City of Miami ("City") wishes to remove derelict vessels from the City's jurisdictional waterways ("Project"); and WHEREAS, the toga cost of this Project is estimated not to exceed an amount of Two Hun Thousand Dollars and Zero Cents ($200,000.00); and WHEREAS, grant funding is potentially available from the Florida Inland Navigation ct ("FIND") Waterways Assistance Program for the Project pursuant to FIND Rule 66B-2, Administration Code ("F.A.C."); and WHEREAS, the City wishes to apply for reimbursement grant funding from the FIND aterways Assistance Program in the amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), or fifty percent (50%) of the total Project cost ("Grant Funds"); and City of Miami Rescinded by R-24-0134 Page 1 of 3 File ID: 15358 (Revision: A) Printed On: 4/5/2024 File ID: 15358 Enactment Number: R-24-0089 WHEREAS, in the event of the award of the Grant Funds, the City wishes to allocate the required matching funds in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) ("City Match"), or fifty percent (50%) of the total Project cost, 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 — B25TBD or other legally available funding sources; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CI 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 One Hundred Thousand Dollars and Zero Cents ($100,000.00) 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 rney, in connection with the submission of the grant application. Section 4. The City Manager is furtlir au edl to accept the Grant Funds in the event of an award for Fiscal Year 2024 — 25 witho 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 tlfollowing 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; 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 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 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 Code provisions. R g6ffi1td by R-24-0134 Page 2 of 3 File ID: 15358 (Revision: A) Printed on: 4/5/2024 File ID: 15358 Enactment Number: R-24-0089 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°0) of the funding agreed to by FIND. Section 6. In the event of the award, the City Manager is authorize'o 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 i ber 40 — B25TBD or other legally available funding sources. Section 7. This Resolution shall become effective immediately upo s adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 4/5/2 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. R g6ff1td by R-24-0134 Page 3 of 3 File ID: 15358 (Revision: A) Printed on: 4/5/2024