AGENDA ITEM SUMMARY FORM

File ID: #5528

Date: 03/13/2019 Requesting Department: Office of Grants

Administration
Commission Meeting Date: 03/28/2019 Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: 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 non-
reimbursable 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

Office of Grants Administration
Office of Management and Budget
Office of Management and Budget
City Manager’s Office
City Manager’s Office
Reviewed By
Lillian P Blondet Department Head Review Completed 03/13/2019 3:31 PM
Yvette Smith Budget Analyst Review Completed 03/18/2019 3:00 PM
Christopher M Rose Budget Review Completed 03/19/2019 4:22 PM
Sandra Bridgeman Assistant City Manager Review Completed 03/19/2019 4:33 PM
Nikolas Pascual City Manager Review Completed 03/19/2019 4:45 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 03/19/2019 4:49 PM
Office of the City Attorney Xavier Alban ACA REVIEW Completed 03/19/2019 6:32 PM
Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 03/19/2019 6:34 PM
Office of the City Attorney Barnaby L. Min Approved Form and Correctness Completed 03/19/2019 6:34 PM
City Commission Todd B. Hannon Meeting Pending 03/28/2019 9:00 AM
 City of Miami City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
File Number: 5528 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.

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.
 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:

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.