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RESOLUTION 92-20610 RESOLUTION NO. 92-20610 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND INSTRUCTING THE MAYOR AND CITY CLERK TO EXECUTE A PROJECT AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT FOR MATCHING FUNDS OF UP TO $200,000 TO FUND THE MIAMI BEACH MARINA SHORELINE STABILIZATION WHEREAS, the City Commission pursuant to Resolution Number 92-20488 , adopted on April 22 , 1992 , authorized the City Manager to apply for a Grant from the Florida Inland Navigation District for matching funds for Shoreline Restoration of the Miami Beach Marina; and WHEREAS, a Project has been proposed by the Florida Inland Navigation District; and WHEREAS, the City Manager recommends execution of the Project Agreement and the Project Agreement has been approved as to form by the City Attorney. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized and instructed to execute a Project Agreement with the Florida Inland Navigation District for matching funds of up to $200, 000 to fund the Miami Beach Marina Shoreline Restoration Stabilization. PASSED and ADOPTED this 8th day of October , 1992 . ATTEST: //// 41, r 1"°°4*-'4 • City Clerk wit ., f yor J PNB:b C:\bjs\cm-resol\marina September 23,1992 ORMApO IVED L Gr I .. • T. Da 23 °2-- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 2 o1M Z TO: Mayor Seymour Gelber and DATE: Oct. 8, 1992 Members of the City Commission FROM: Roger M. Carat t4t4at4==._ City Manager SUBJECT: APPROVAL OF RESOLUTION AUTHORIZING THE CITY ADMINISTRATION TO APPLY FOR A FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM GRANT FOR THE SHORELINE RESTORATION AT THE MIAMI BEACH MARINA Background: As part of the Miami Beach Marina settlement, the City of Miami Beach is obligated to pay up to 2.5 million dollars towards the construction of the shoreline restoration, public baywalk, and clean up of contaminated materials at the site. To help pay for some of these costs, the City Administration applied for a matching grant from the State of Florida Inland Navigation District under its Fiscal Year 1992-93 Waterways Assistance Program for the shoreline restoration portion of the obligation. The shoreline restoration project consists of the construction of 955 linear feet of riprap P P bulkhead to restore the eroding shoreline at the Miami Beach Marina. The proposed remedial action will provide protection to the existing pier and docking facilities, reduce silting and pollution of Biscayne Bay, and stabilize the land area to provide the future extension of a public baywalk including lighting, landscaping, and associated public space furniture. Subsequent to City staff presenting the project to the Florida Inland Navigation District Commission, the City was notified that the grant application had been approved with a limit not to exceed $200,000.00. As the next step in the approval process, the City is requested to execute the project agreement which sets forth the conditions of the grant, including the assistance amount of $200,000.00, or 44 percent of the estimated cost. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the attached Resolution authorizing the execution of the project agreement from the State of Florida Navigation District Waterways Assistance Program for the shoreline restoration work at the Miami Beach Marina and to appropriate such funds for the matching funds expenditure. RMC/RAG/b/et Attachment ;41 c:\bjs\cm-resot\shoreli:ne AGENDA ITEM DATE -9 2_ • y FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. DA-MB-92-22 This PROJECT AGREEMENT made and entered into this 1st day of October, 1992, by and between the Florida Inland Navigation District (hereinafter "F.I.N.D."), and the City of Miami Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 16T-2 of the Florida Administrative Code (Exhibit "A"), F.I.N.D. has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of Miami Beach Marina Shoreline Stabilization. Said project is more specifically described in the PROJECT SPONSOR's Waterways Assistance Application which is on file at F.I.N.D. headquarters. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless otherwise authorized and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 1993, unless the PROJECT period has been extended with the prior written approval of F.I.N.D. In no event, however, shall the PROJECT period extend beyond three (3) years from the date of the execution of this Agreement. The PROJECT SPONSOR acknowledges there are no provisions to carry over F.I.N.D. assistance funding under this Agreement beyond September 30, 1993. 3. ASSISTANCE AMOUNT - F.I.N.D. shall contribute no more than forty-four percent ( 44 %) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). [NOTE: F.I.N.D. i s statutorily authorized to fund up to one hundred percent (100%) of the financial assistance and support for public navigation, law enforcement, and environmental education projects; all other projects shall require matching funds from the Sponsor.] Payment of funds by F.I.N.D. to the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT") will be on a reimbursement basis only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $200,000.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and will provide F.I.N.D. with suitable evidence of the availability of such funds, including but not limited to, providing F.I.N.D. with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit "B." PROJECT COSTS must be incurred and work performed within the Project Period, with the exception of pre- agreement costs, if any, specifically identified in Paragraph 6 below, which are also eligible for reimbursement by F.I.N.D. 6. PRE-AGREEMENT COSTS - F.I.N.D. and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by F.I.N.D. for any obligation or expenditure made prior to the execution of this Project Agreement with the exception of$0.00 for: N/A. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to F.I.N.D. and summarized on the Payment Request Form attached as Exhibit C. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the F.I.N.D. by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by F.I.N.D. or by an auditor selected by F.I.N.D. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of F.I.N.D., upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. F.I.N,D. shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit "B" shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of F.I.N.D. and in accordance with Exhibit "A": personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. F.I.N.D. shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 2 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall make available to F.I.N.D. a Final Audit of expenses incurred on the PROJECT prior to or in conjunction with the request for the final payment of the PROJECT AMOUNT. The Payment amounts previously retained by F.I.N.D. shall be paid upon (1) receipt of the Final Audit report by F.I.N.D., (2) full completion of the PROJECT to the reasonable satisfaction of F.I.N.D., and (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E). Unless otherwise determined by F.I.N.D., the final reimbursement check shall be presented by a F.I.N.D. representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by F.I.N.D., except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. NONCOMPLIANCE - F.I.N.D. shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for non- compliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from F.I.N.D., the PROJECT SPONSOR shall reimburse such funds directly to F.I.N.D. 11. F.I.N.D, PROJECT MANAGER - David K. Roach, Assistant Executive Director, or his successor, is hereby designated as F.I.N.D.'s Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSORS LIAISON AGENT - The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and title shall be sumitted to F.I.N.D. upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. QUARTERLY REPORTS - The PROJECT SPONSOR's Liaison Agent shall submit to F.I.N.D quarterly project status reports during the PROJECT term. These Quarterly Reports are due on December 1st, March 1st, May 1st and September 1st of the Project term. Quarterly reports shall summarize the work accomplished, 3 problems encountered, percentage of completion and other appropriate information. Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that when completed, the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by F.I.N.D., in a prominent location at the completed project which shall indicate that F.I.N.D. was a joint participant and contributor to the development of the PROJECT. This sign shall contain the F.I.N.D. logo (Exhibit "D") unless otherwise stipulated by F.I.N.D. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate F.I.N.D.'s participation. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable 4 health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. HOLD HARMLESS - The PROJECT SPONSOR agrees to defend and hold F.I.N.D., its Commissioners, employees, agents, and its successors and assigns free and harmless from and against any and all demands, claims, causes of actions, expenses, attorney's fees, losses, damage liabilities, awards, and judgments, that may arise from or relate to this Agreement or the construction or maintenance of the PROJECT improvements.. 20. INSPECTIONS - F.I.N.D. reserves the right to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of F.I.N.D. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waive of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to F.I.N.D. or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To F.I.N.D. at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 To PROJECT SPONSOR at: Public Works Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 24. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 5 25. TRANSFERENCE - It is the intent of F.I.N.D. to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of this facility to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, F.I.N.D. retains the right to reimbursement from the PROJECT SPONSOR for its participation to the full extent of the funding assistance awarded to accomplish this facility. 26. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 27. LITIGATION COSTS - In the event that F.I.N.D. or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial and appellate levels. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WI : / FLORIDA INLA D NAVIGATI N DI RICT By: 1 CH�AN ��a .��, �. , , ,t., IA. DATE: 1 � J �_' ATTEST: PROJ` T ',PONSOR �1 CIS .. c�`�a r��, W By: � Richard E. Brown, City Clerk .ey rur Ge b- WIT ESS: Titl;: or 40647 14).4a€:4") DA r 11(2ciizz4../ /dj /9'92— FORM APPROVED LE DEPT. By Date 6 EXHIBIT "A" FLORIDA INLAND NAVIGATION DISTRICT Chapter 16T-2 Waterways Assistance Program 16T-2 . 001 Purpose 16T-2 . 002 Forms 16T-2 . 003 Definitions 16T-2 . 004 Policy 16T-2 . 005 Funds Allocations 16T-2 . 006 Application Process 16T-2 . 007 Application Form 16T-2 . 008 Project Eligibility 16T-2 . 009 Project Administration 16T-2 . 010 Project Agreement 16T-2 . 011 Reimbursement 16T-2 . 012 Accountability 16T-2 . 013 Acknowledgment 16T-2 . 001 PURPOSE. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374 . 976 Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District ' s policy and procedures for the implementation of an assistance program under s. 374 . 976 F. S. for local governments, member counties and • • navigation related districts within the District. Thisro ra p g m will be known hereafter as the Florida Inland Navigation g ion District ' s Waterways Assistance Program. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History---New 12/17/90. 16T-2 . 002 FORMS. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477 . Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. 16T-2 . 003 DEFINITIONS. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency g Y submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (5) "DISTRICT" means the Florida Inland Navigation District (F. I .N. D. ) . (6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (7) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (8) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (9) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (10) "MATCHING FUNDS" means those funds used by the local sponsor to match the program funds on a dollar per dollar basis. (11) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, F.lagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward, and Dade Counties. (12) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (13) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (14) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (15) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (16) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. • • • (17) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with project agreement. (18) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (19) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (20) "WATERWAYS" means the Atlantic Intracoastal. Waterway, all navigable rivers, bay, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (21) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and becomes motivated to apply action strategies to maintain a balance between quality of life and quality of the environment of waterways. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1 ) F. S. History-New 12/17/90. Amended 4/29/92 . 16T-2 . 004 POLICY. The following constitutes the policy of the District regarding the administration of the program. ( 1 ) Financial assistance, support: and cooperation may he provided to eligible governmental agencies for approved projects as follows: • , (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, p , construction, reconstruction, extension, improvement, operation p lon or the maintenance of public navigation, public recreation, inlet management, environmental education and boating safetyprojects p pro� s directly related to the waterways. Member counties may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishmentro 'ects and p 7 inlet management if the Board finds that the project is a benefit to public navigation. (b) Eligible Local governments may also berovi_de p d financial assistance, support and cooperation inla p ren ing and carrying out public navigation, public recreation, inlet management, environmental education and boating safety projects directly related to the waterways. Eligible local g governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects if the Board finds that the ' prod ect benefits public navigation. (c) Navigation related districts may berovided with 1th financial assistance to pay part of the costs of the acquisition qu�s�tlon of dredge material management sites if the Board finds that the site is required for the long range maintenance of the ' Atl_antic Intracoastal Waterway channel. All such sites must meet the development and operational criteria es t.d t)l i Lhe(l 1) the 1)i u L r. .. Y fct through a long range dredge material managementlan for p that county. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to member counties and local governments shall be based upon the proportional share of the District ' s ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, Lease, management agreement or other legally binding document, and shall be recorded in the public property records of the county in which the property is located. • (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on the project prior to the execution of the project agreement unless authorized by the Board. (10) The project shall be completed within three (3) calendar years of the date of the execution of the project agreement. (11 ) Project funds shall not be spent except as consistent with the project agreement cost estimate which shall be an attachment to the project agreement. (12) All project costs must be incurred and work performed within the project period as stipulated in the project agreement. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District' s waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from ,Lhe Board. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) The project sponsor shall hold the District free and harmless from any and all demands, claims, causes of action, expenses, attorney' s fees, losses, damage liabilities, awards and judgments that may arise from or relate to the project. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1 ) and (2) F. S. History-New 1.2/17/90. 16T-2 . 005 FUNDS ALLOCATION. The District willnotify poLentialeligible governmental agent i cu ot_ the availability of program funding. • (1) Financial assistance to eligible government agencies shall not exceed the proportional share of the District ' s ad valorem tax collections from each county in which such agencies are located. (2) All financial assistance and support to eligible governmental agencies shall require matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) - (3) F. S . History-New 12/17/90. 16T-2 . 006 APPLICATION PROCESS. (1) Applications for assistance through this program will be submitted during the authorized submission period which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on F. I .N.D. Resolution Form No. 90-21 (effective date September 15, 1990) hereby incorporated by reference and available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477 . (2) Applications will be reviewed by the local F. I .N. D. Commissioner before being submitted to the District office. Upon receipt in the District office, staff will review the -'pp.l .i caL.1 O1 S for comp I eLenoss of LI)e .I nfornid L I(aIle I I:'ec jII i I.•c.muitLu and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be • incomplete or ineligible, Staff will immediately inform the applicant by mail. The applicant will then have until the final presentation date to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91--25 (effective date January 24 , 1991) hereby incorporated by reference and available from the District office. (4) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds , if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties . Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. Amended 4/29/92 . 16T-2 . 007 APPLICATIONS FORM. Florida Inland Navigation District Waterways Assistance Program Application Form Number V. I . N. D. 90--22 (e r IrucL i vv SopLember 1.b, 1 990) is hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program shall be made on this form. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. 16T-2 . 008 PROJECT ELIGIBILITY. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition, inlet management, and beach nourishment directly related to the waterways. (a) Program funds may be used for projects such as acquisition planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to c applicants with the project application. 1. Public boat ramps and launching facilities 2 . Public navigation channel dredging 3 . Public navigation channel lighting and markers 4 . Waterway signs and buoys for safety, regulation or information 5 . Public boat docking and mooring facilities 6 . Public shoreline stabilization 7 . Public spoil dl sposa 1. site dove I opines L 8 . Public fishing and viewing piers 9 . Public waterfront boardwalks 10. Waterways related environmental education programs and facilities 11. Waterways boating safety programs and equipment 12 . Inlet management projects related to waterway navigation improvement 13 . Beach renourishment projects related to waterway navigation improvement 14 . Other waterway related projects. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) - (3) F. S. History-New 12/17/90. Amended 4/29/92 . (b) Project costs ineligible for program funding or matching funds will include any extraneous recreational amenities not directly related to the waterway. Ineligible amenities may include the following: 1. Landscaping 2 . Park and playground equipment 3 . Restrooms for non-waterway users 4 . Tennis courts 5 . Roadways providing access to non-waterway users 6 . Parking areas for non-waterway users 7 . Utilities for non-waterway related facilities 8 . Lighting for non-waterway related facilities 9 . Irrigation equipment 10. Maintenance equipment :1.1. . Picnic shelter and furniture (c) The following project costs will be eligible for program funding or as matching funding subject to approval by the Board of an itemized expense list. Before reimbursement is made by the District on the following projects costs, the construction of the project will be completed to the Board' s satisfaction: 1. Personnel costs 2 . Equipment costs 3 . Project management, administration and inspection 4 . Design, permitting, planning, engineering, or surveying costs for a completed construction project 5 . In-kind services 6 . Restoration of sites disturbed during the construction of an approved project. (2) The Board will make all final dec.is ions on the eligibility of a Project or specific project costs. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) - (3) F. S. History-New 12/17/90. Amended 4/29/92 . 16T-2 . 009 PROJECT ADMINISTRATION. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project: agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, F. Z .N.D. Form No. 90- 23 (effective date September 15, 1990) hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 16T-2 . 013 . (d) Photograph(s) of the completed project clearly showing the program improvements. • a (6) The project manager will review the project completion package and will authorized or reject the final reimbursement payment which will include all retained funds from previous requests. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. 16T-2 . 010 PROJECT AGREEMENT. (1) For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. (2) All proposed changes to the project agreement must be submitted to the district in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. 16T-2 . 011 REIMBURSEMENT. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, F. T .N. D. Form No. 90-24 (effective date September 15, 1.990) hereby Incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and canceled payment vouchers for expenditures made. (2) The District shall retain ten percent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. 16T-2 . 012 ACCOUNTABILITY. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to F. I.N.D. during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information. (3) All required final completion certification documents and materials as outlined in s. 16T-2 . 009 (5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, F. I .N.D. , or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374 . 976 (2) F. S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. 16T-2 . 013 ACKNOWLEDGMENT. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project which .indicates Lhe District ' s participation in the project. This sign shall contain the F. I .N.D. logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District' s sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District' s participation in the project shall be contained in the display. Specific Authority 374 . 976 (2) F.S. Law Implemented 374 . 976 (1) F. S. History-New 12/17/90. • • EXULBIT "B" FLORIDA INLAND NAVIGATION DISTRICT WATERWAY ASSISTANCE PROGRAM PROJECT COST ESTIMATE PROJECT TITLE: Miami Beach Public Marina- Shoreline Restoration APPLICANT: City of Miami Beach Project Elements Quantity Estimated Applicants FIND Cost Coat Cost Prepare final Lump Sum $36,300. $36,300 --- engineering drawings prepare bid specifications, advertise for bids, award contracts, administration of construction contracts Removal of existing Lump Sum $24,500 $12,250 $12,250 Site Debris and grading for replacement of rip- rap and fill Placement of rip-rap 14,000 cu/yd $98,000 $49,000 $49,000 fill and final at$7.00/yd. gradling of backfill Placement of 955 lin. ft. $214,875 $107,438 $107,437 authorized rip-rap at $255/1in. revetment along ft. shoreline Required testing, Lump Sum $81,000 $49,687 $31,313 Shoreline landscaping and final site clean-up TOTALS $454,675 $254,675 $200,000 rev. 9123/92 EXHIBIT "C" FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance Funds Previously Requested — Balance Available = Funds Requested Less Retainage (10%) -- Check Amount = Balance Available Less Check Amount — Balance Remaining = SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "B") Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison Date FIND -Form No. 90-24 Rev. 9/3/92 EXHIBIT "D" . ANTIC 44( ‘4 * itels41 !Selefti#1 FLORIDA INLAND NAVIGATION DISTRICT k°)Ot - 4- 7,,, '+'1 , , ; - 04:,,,s (r-. ,-le- - - ,, , , - - ----1 - r - N -- 1 t, 4 1 ,\ ....:...61.... ......ACOA EXHIBIT "E" FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and dated , 19 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 5 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-23 Rev. 9/3/92 vaa+.v aaa1L RESOLUTION NO. 92-20610 * Authorizing and instructing the Mayor and City Clerk to execute a project agreement with the Florida Inland Navigation District for matching funds of up to $200,000 to fund the Miami Beach Marina Shoreline Stabilization. • • eriMPONSIMP • rommitigommetr- — 116. ....:. . .... . 4