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R-2023-10RESOLUTION NO. 2023-_____ RESOLUTION NO. 2023- A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $1,000,000 FOR SEAWALL AND CONSTRUCTION IMPROVEMENTS AT BAYFRONT PARK; AUTHORIZING VILLAGE OFFICIALS TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Bayfront Park area is particularly vulnerable to adverse impacts from flooding resulting from increases in frequency and duration of rainfall events, storm surge from more frequent and severe weather systems, sea level rise; and WHEREAS, such adverse impacts pose economic, social, environmental, and public health and safety challenges to the community; and WHEREAS, the Village intends to stabilize the shoreline to prevent erosion and surge flooding while maintaining the community aesthetics and visual character; and WHEREAS, the State of Florida Department of Environmental Protection ("FDEP") and Miami Shores Village (the “Village”) desire to facilitate the necessary construction to account for future sea level, as well as improve drainage and the implementation of nature-based flood control measures; and WHEREAS, matching grant funding by the FDEP will result in providing a portion of the necessary funding for the project; and WHEREAS, FDEP has requested that the Village execute and deliver to FDEP Agreement (22FR29), providing for FDEP match funding in an amount up to $1,000,000 to partially reimburse the Village towards the cost of the seawall elevation project; and WHEREAS, the Village Manager and the Public Works Director recommend approval of the Agreement; and WHEREAS, the Village Council (the “Council”) desires to approve the Agreement, in substantially the same form attached hereto as Exhibit “A,” with FDEP; and 10 10 RESOLUTION NO. 2023-_____ WHEREAS, the Council finds that this Resolution and the Agreement is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI SHORES, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The foregoing recitals are incorporated in this Resolution as if fully set forth herein and made a part hereof by reference. Section 2. Approval. The Village Council hereby approves the Agreement (22FR29) with FDEP, in substantially the same form attached hereto as Exhibit “A.” which provides for reimbursement towards the Village’s cost in an amount not to exceed $1,000,000 for the seawall elevation project at Bayfront Park. Section 3. Expenditures. The Finance Director is hereby directed to amend the applicable Fiscal Year Revenue and Expense Budget in accordance with the grant funds authorized by this Resolution; to carry forward unexpended budgeted grant-funded expenditures, budgeted matching funds, and budgeted unearned grant revenues from fiscal year to fiscal year throughout the term of the above-referenced Agreement; to adjust the budgeted grant-funded expenditures and unearned revenues for program revenues, minor changes in the above-referenced Agreement, and accounting adjustments; to reduce budgeted matching funds based upon amendments to the above- referenced Agreement; and to close out unexpended budgeted grant expenditures and unearned budgeted grant revenues upon the expiration of the above- referenced Agreement. Section 4. Authorization. The Village Manager or designee is hereby authorized to take any and all steps necessary to implement the Agreement and the purpose of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. SIGNATURE PAGE TO FOLLOW 10 RESOLUTION NO. 2023-_____ PASSED AND ADOPTED this 7th day of February, 2023. SANDRA HARRIS MAYOR ATTEST: YSABELY RODRIGUEZ VILLAGE CLERK APPROVED AS TO FORM: WEISS SEROTA HELFMAN COLE + BIERMAN P.L. VILLAGE ATTORNEY 10