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,
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City Clerk wit ., f yor J
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C:\bjs\cm-resol\marina
September 23,1992 ORMApO IVED
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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.
•
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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
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FLORIDA INLAND
NAVIGATION DISTRICT
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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.
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eriMPONSIMP
•
rommitigommetr- —
116.
....:. . .... .
4