Snapshot 31197

AGENDA ITEM SUMMARY FORM File ID: #5528 Date: 03/13/2019 Commission Meeting Date: 03/28/2019 Type: Subject:

Requesting Department: Office of Grants Administration Sponsored By: District Impacted: District 2

Resolution FIND Grant - Pedestrian Baywalk Connection under I-395

Purpose of Item: A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District (“FIND”) Waterways Assistance Program, in an amount not to exceed $420,000.00, for the design and permitting - Phase 1 – of a Pedestrian Baywalk Connection under I-395 (“Project”); in the event of the award, to accept from Downtown Development Authority, the required matching funds in an amount not to exceed $420,000.00, or fifty percent (50%) of the total eligible Project cost, plus an additional amount not to exceed $280,000.00 towards non-reimbursable administrative costs totaling $700,000.00, for a total project cost of $1,120,000.00; further authorizing the City Manager to execute any other necessary documents for the submission of said grant application, the execution of grant or deed agreements and amendments, modifications, renewals, and extensions, and the acceptance of grant funds in the event of the award of the grant for fiscal year 2019-2020. Background of Item: The Office of Grants Administration is seeking City Commission authorization to apply for $420,000.00 in grant funding from the Florida Inland Navigation District (FIND) for the design and permitting under I-395 - Phase 1 – Pedestrian Baywalk Connection. The item includes language by Rule 66B-2, Florida Administrative Code, for grant submittal to the Waterways Assistance Program as well as eligible project costs and city nonreimbursable administrative costs. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $1,120,000.00 ($420,000.00 Find Match & $280,000.00 ineligible OCI Project No: 40-B193623

Reviewed By Office of Grants Administration Office of Management and Budget Office of Management and Budget City Manager’s Office City Manager’s Office

Lillian P Blondet Yvette Smith Christopher M Rose Sandra Bridgeman Nikolas Pascual

Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review

Completed Completed Completed Completed Completed

03/13/2019 3:31 PM 03/18/2019 3:00 PM 03/19/2019 4:22 PM 03/19/2019 4:33 PM 03/19/2019 4:45 PM

Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission

Valentin J Alvarez Xavier Alban Barnaby L. Min Barnaby L. Min Todd B. Hannon

Legislative Division Review ACA REVIEW Deputy City Attorney Review Approved Form and Correctness Meeting

Completed Completed Completed Completed Pending

03/19/2019 4:49 PM 03/19/2019 6:32 PM 03/19/2019 6:34 PM 03/19/2019 6:34 PM 03/28/2019 9:00 AM

City of Miami Legislation Resolution File Number: 5528

City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com

Final Action Date:

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 I-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 I-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 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, 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 authorized1 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 authorized1 to accept grant funds in the event of the 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; (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.

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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.

Section 5. In the event of an award, the City Manager is authorized1 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 authorized1 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 authorized1 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.2 APPROVED AS TO FORM AND CORRECTNESS:

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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.