HomeMy WebLinkAboutR-03-0863J-03-628
7/24/03
RESOLUTION NO. 1) 3 8 6 3
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDED AND RESTATED
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, AMENDING THE AGREEMENT BETWEEN THE CITY
OF MIAMI ("CITY") AND THE DEPARTMENT OF
OFF-STREET PARKING ("DOSP") DATED AUGUST 8,
2002, TO PROVIDE FOR DOSP: (1) TO DESIGN,
CONSTRUCT AND OPERATE TWO PARKING FACILITIES
ON WATSON ISLAND; AND (2) TO USE GRANT FUNDS
RECEIVED BY THE CITY, IN A TOTAL AMOUNT OF
$150,000, FOR THE DESIGN AND CONSTRUCTION OF
THE BOAT RAMP PARKING AND ANCILLARY
FACILITIES TO BE LOCATED ON WATSON ISLAND,
SUBJECT TO DOSP'S COMPLIANCE WITH CERTAIN
TERMS AND CONDITIONS RELATED TO THE USE OF
SAID GRANT FUNDS; FURTHER AUTHORIZING DOSP,
AT ITS SOLE COST, TO DESIGN, CONSTRUCT AND
OPERATE INTERIM PARKING FACILITIES AT
LOCATIONS TO BE APPROVED BY THE CITY MANAGER
FOR USE BY THE MIAMI CHILDREN'S MUSEUM AND
OVERFLOW PARKING FOR PARROT JUNGLE ISLAND,
SAID AUTHORIZATION SHALL EXPIRE UPON
COMPLETION OF CONSTRUCTION OF THE PARKING
FACILITIES ON THE SOUTH SIDE OF WATSON
ISLAND.
WHEREAS, the City of Miami ("City") is owner of certain real
property and improvements located at Watson Island, Miami,
Florida; and
WHEREAS, the City entered into an agreement with the
Department of Off -Street Parking, dated August 8, 2002, for the
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CITY COMMISSION
MEETING OF
j [11, 2 4 2003
Resolution No.
03- 863
design, construction, financing, operation, maintenance and
management of two parking facilities on Watson Island; and
WHEREAS, DOSP designed a parking facility for the south side
of Watson Island to accommodate parking for the Miami Children's
Museum, Aviation and Visitors Center and overflow parking for
Parrot Jungle Island; and
WHEREAS, the City has received grant funds, in the amount of
$150,000, from Florida Inland Navigation District ("FIND") for
Watson Island Boat Ramp Replacement; and
WHEREAS, DOSP recently redesigned the south side parking
facilities due to a conflict with new water and sewer utility
easements; and
WHEREAS, pursuant to the agreement between the City and the
Miami Sports and Exhibition Authority dated November 2, 2001, the
City is obligated to provide, or cause to be provided, parking
for the Miami Children's Museum which must be completed by the
day the Miami Children's Museum is scheduled to open in early
September, 2003; and
Page 2 of 4
03- 863
WHEREAS, Parrot Jungle Island has requested overflow parking
be provided at an interim site on the island until such time as
the south side parking facilities are complete;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute
an amended and restated agreement, in substantially the attached
form, amending the agreement between the City and DOSP, dated
August 8, 2002, to provide for DOSP: (1) to design, construct and
operate two parking facilities on Watson Island;(2) to use grant
funds received by the City, in the total amount of $150,000 for
the design and construction of the boat ramp parking and
ancillary facilities to be located on Watson Island, subject to
DOSP's compliance with certain terms and conditions related to
the use of said grant funds; and (3) to be authorized, at its
sole cost, to design, construct and operate interim parking
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 3 of 4 03- 863
facilities at locations to be approved by the City Manager for
use by the Miami Children's Museum and overflow parking for
Parrot Jungle Island, said authorization to expire upon
completion of construction of the parking facilities on the south
side of Watson Island.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this 24th day of July 2003.
EL A. DIAZ, MAYOR
ATTEST.;,-^
P CILLA A. THOMPSbk
CITY CLERK 1-11-1
APPW�/'D,JS FORM AND CORRECTNESS
NDRO VILARELLO
ATTORNEY
W7379:tr:AS:BSS
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4 03. 8
AMENDED AND RESTATED OPERATING AGREEMENT
FOR WATSON ISLAND PARKING OPERATIONS
This agreement (Agreement") is made this day of , 2003, (but
effective as of August 8, 2002) by and between the City of Miami, Florida ("City"), a municipal
corporation of the State of Florida and the Department of Off -Street Parking ("DOSP"), an
agency and instrumentality of the City of Miami.
RECITALS
WHEREAS, the City is the owner of the real property known as Watson Island (the
"Property"); and
WHEREAS, DOSP is experienced in the construction, management and operation of
Parking Facilities; and
WHEREAS, on August 8, 2002, the City and DOSP executed an agreement (the
"Original Agreement" for DOSP to design, construct, finance, operate, maintain, and manage
two Parking Facilities on Watson Island; and
WHEREAS, on November 3, 2000, the City entered into an agreement for a grant
("FIND Agreement") from the Florida Inland Navigation District (FIND) Waterways Assistance
Program, in the amount of $150,000, for Phase II of the Watson Island Public Boat Ramp
Replacement Project, which included the construction of the public ramp and accompanying
dock structures on Watson Island; and
WHEREAS, the City is willing to make available to DOSP $150,000 from the FIND
Grant Funds to assist in the construction of the Parking Facilities; and
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WHEREAS, the City and DOSP desire to 1) amend and restate the Original Agreement
as set forth herein and 2) agree upon the terms and conditions relevant to the use of the above -
referenced FIND grant funds; and
WHEREAS, the Commission of the City of Miami, by Resolution No. , adopted
on , approved this Agreement and authorized the City Manager to execute this
Agreement, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein set
forth, the City and DOSP agree as follows:
1. RECITALS: The recitals are true and are hereby incorporated into and made a part of
this Agreement.
2. DEFINITIONS: The following terms are defined as follows:
"Administration Fee" shall mean two percent (2%) of Gross Revenues
"Adjusted Net Revenues" shall mean Gross Revenues minus Operating Expenses minus
Debt Service minus Renewal and Replacement Reserves.1
"Debt Service" shall mean the annual payments of principal and interest needed to
finance all the expenditures made for the Parking Facilities including development and pre -
development costs, hard costs and capitalized interest; using a five (5) year amortization
schedule for equipment and a ten (10) year amortization schedule for all other costs and an
interest rate of 5%.
"Fee" shall mean combined cost of the Management Fee and the Administration Fee.
t The Debt Service and the Renewal Replacement Reserves noted above will be subtracted from any excess
revenues that DOSP gives to the City as part of the Excess Revenue Agreement dated September 1, 1998 and any
subsequent excess revenue transfers.
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Amended and Restated Watson Island Parking Operation Agreement 0 3 — 863
"Indemnitees" shall mean the City and its officials, employees and agents. For purposes
of this Agreement, DOSP is not intended to be included in the definition of the City's "officials,
employees and agents".
"Liabilities" shall mean all loss, costs, penalties, fines, damages, claims, expenses
(including attorney's fees) or liabilities.
"Management Fee" shall mean five percent (5%) of Gross Revenues.
"Operating Expenses" shall mean all costs and expenses incurred or paid by DOSP in
connection with the operation and management of the Parking Facilities. Operating Expenses
include, but are not limited to, salary & wages, fringe benefits, including Social Security, group
insurance, retirement costs, etc., paid to all personnel involved in the operation of the Parking
Facilities, including overtime, vacation, sick time, accrued vacation and sick time earnings;
material and supply costs; insurance premiums and related costs, including liability, workmen's
compensation and others. Also included in the definition of Operating Expenses is payment of
the Management and Administrative fees.
"Parking Facilities" shall mean the two parking lots and baywalk(s) depicted in the Site
Plan, attached hereto as Exhibits A and D.
"Renewal and Replacement Reserves" will be ten percent (10%) of gross revenues.
3. TERM: The term of this Agreement shall commence upon the date of execution of this
Agreement and shall end twenty (20) years thereafter. The term may be extended for one (1) ten
(10) year renewal period by mutual written agreement.
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6 3
4. DESIGN OF THE PARKING FACILITIES: DOSP shall be responsible for the
design of the Parking Facilities as more fully set forth below:
A. The south side lot ("South Side Lot") shall contain parking spaces for
approximately 425 standard automobiles and shall be constructed in accordance with the Site
Plan attached hereto as Exhibit A. The South Side Lot shall be constructed on the City -owned
property legally described in Exhibit B. Additionally, DOSP shall construct surface parking
only on the Florida Department of Transportation (FDOT) right-of-way which the City is leasing
from FDOT, as more particularly described in Exhibit C ("FDOT Property"). DOSP hereby
acknowledges that the FDOT Property can be utilized for parking purposes until such time as
FDOT requires it for its own use.
B. The Public Boat Ramp Lot shall contain parking spaces for 30 standard
automobiles and 50 boat trailers and shall be constructed in accordance with the Site Plan
attached hereto as Exhibit D. The Public Boat Ramp Lot shall be constructed on the City -owned
property legally described in Exhibit E.
5. CONSTRUCTION OF THE PARKING FACILITIES: DOSP shall be responsible for
constructing the Parking Facilities in accordance with the Site Plan.
6. FINANCING FOR THE PARKING FACILITIES:
A. Except as provided herein, DOSP shall be responsible for the cost of financing the
construction of Parking Facilities identified in Exhibits A and D.
B. In order to assist with the development of the Parking Facilities, the City shall
make available funds from the FIND Grant as follows.
I. The City shall make available to DOSP $150,000 from the funds it
received from the FIND Grant only for the purpose of funding the construction of the Parking
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Amended and Restated Watson Island Parking Operation Agreement 03— 863
Facilities. The FIND Agreement is attached hereto as Exhibit F, and is incorporated and made a
part of this Agreement. DOSP agrees to comply with the terms and conditions contained in
Exhibit G, which is incorporated by reference and made a part of this Agreement.
C. The maximum amount that the City shall contribute toward
the construction of the Parking Facilities shall be $220,000. Conditions precedent for the City's
financial support are: 1) that the Parking Facilities qualify for funding and 2) that the City
receives the Grant Funds from FIND specified in the FIND Grant Agreement. In addition,
subject to the provisions of Section 9 of this Agreement, DOSP acknowledges and agrees that
this will be the City's sole financial commitment toward the Parking Facilities. DOSP shall
provide all additional funds necessary to complete the construction and maintenance of the
Parking Facilities.
D. DOSP acknowledges and understands that the City has entered into an agreement
with FIND for the FIND Grant funds and that the City is liable to FIND pursuant to the terms
and conditions of the FIND Agreement, attached hereto as Exhibit F, particularly as to
construction and maintenance of the Parking Facilities in accordance with FIND's terms and
conditions. As a result, DOSP hereby agrees to comply with all of the terms and conditions of
the FIND Agreement and DOSP warrants, covenants and agrees to comply with FIND's rules,
regulations and guidelines under the FIND Agreement, particularly regarding the use of funds
and the construction and maintenance of the Parking Facilities. In addition, DOSP agrees to
indemnify, defend and hold harmless the Indemnitees and each of them from and against all
Liabilities arising out of, resulting from, or in connection with DOSP's failure to comply with
the terms and conditions contained in the FIND Grant Agreement.
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Amended and Restated Watson Island Parking Operation Agreement
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7. REIMBURSEMENT PROCEDURES: The City shall make available the Grant Funds
on a reimbursement basis only. The City's reimbursement procedures are outlined in Exhibit G.
8. OPERATION AND MANAGEMENT OF THE PARKING FACILITIES: DOSP
shall be responsible for the operation, management and maintenance of the Parking Facilities.
A. DOSP shall be, and is hereby authorized to employ all personnel necessary for the
performance of its responsibilities hereunder.
B. The maximum rates for the use of the parking lots by the public shall be
established by City Ordinance and DOSP shall not have the right to alter or change the
maximum allowed parking rates without the City's written approval.
9. DUTIES AND OBLIGATIONS OF DOSP:
A. DOSP shall be responsible for the day-to-day maintenance and operation of the
Parking Facilities and shall be responsible for keeping the properties in a neat and clean
condition at all times.
B. DOSP shall provide the personnel necessary to operate the Parking Facilities
during operating hours. It is initially anticipated that the Parking Facilities will be equipped with
a master meter for daily, transient parking and permits for monthly parkers, staff and employees.
The operational responsibilities will be handled mainly by an employee of DOSP, the Watson
Island Attendant Specialist, who will be cross -trained to perform a number of duties, including
but not limited to, greeting and informing parkers, collecting revenues, enforcing and providing
security. Additionally, the Watson Island Attendant Specialist will provide light housekeeping
for the Parking Facilities, including litter pick-up and sidewalk sweeping.
C. DOSP shall ensure that employees at the Parking Facilities are properly
uniformed, so as to present a neat, clean and professional appearance at all times.
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Amended and Restated Watson Island Parking Operation Agreement 03- 863 3
D. If requested by the City, DOSP shall, on an around-the-clock basis, or as
otherwise required by the City, from time -to -time, coordinate for qualified personnel to provide
necessary equipment, trained personnel and vehicles for battery assistance, tire changing and
distress services for vehicles parked in the parking lots. DOSP may charge, in addition to
regular parking charges, reasonable fees, approved in writing by the City, for towing of vehicles
on or off the parking lots for mechanical purposes, and such fees shall be included in Gross
Revenues. All authorized charges for services, if authorized by the City, shall be prominently
and publicly posted, as may be required by the City. The cost of maintaining this service will be
an Operating Expense and the revenues shall be included in Gross Revenues.
E. DOSP shall maintain a record of time for use by all hourly employees.
10. GROSS REVENUES, OPERATING EXPENSES AND REPORTS:
A. DOSP shall collect daily all moneys deposited in the master meter.
B. All moneys paid or payable to DOSP for parking -related transactions, including,
but limited to, moneys deposited in the master meter(s), funds from concession agreements,
license agreements or permits, moneys made and for services rendered by DOSP in the
operation and management of the Parking Facilities, regardless of when or where the services are
rendered, are referred to herein as "Gross Revenues".
B. DOSP will be responsible for processing and remitting appropriate all taxes and
parking surcharge amounts due from all collections made or as a result the rights and obligations
granted pursuant to this Agreement.
C. DOSP shall submit to the City reports, in such form as the City shall from time to
time reasonably require, showing all monthly activity and Gross Revenue summaries and
certifications, to be reconciled to daily or weekly reports. Additionally, DOSP shall submit to the
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Amended and Restated Watson Island Parking Operation Agreement 03— 8A3
City monthly summaries and the City may reasonably require certifications of Operating
Expenses together with such supporting documentation required by the City. The City may
require DOSP to obtain, annually, an examination made in accordance with generally accepted
auditing standards and management letters prepared and attested to by an independent certified
public accountant, licensed in the State of Florida, acceptable to the City as to Gross Revenues
and/or Operating Expenses arising from operations under this Agreement, prepared in
conformance with the American Institute of Certified Public Accountants' requirements for
"Special Reports." The cost of such reports shall be included as an Operating Expenses.
D. Monthly reports are due within thirty (30) calendar days of the close of the
reporting period, while annual reports are due within ninety (90) calendar days following the
close of the reporting period.
E. The City shall have the right to audit, examine, review and copy all records
relating to operations under this Agreement, during normal working hours at the Administrative
Offices of DOSP, 190 NE Third Street, Miami, Florida, during the term of this Agreement and
within five (5) years after the end of the fiscal year. DOSP shall maintain, during the term of this
Agreement, all books of account and records of Gross Revenues and Operating Expenses, in
conformance with generally accepted accounting principles and to the satisfaction of the City's
Department of Internal Audit.
F. Annually, on a date to be agreed upon by the City and DOSP, DOSP shall submit
to the City an annual budget for the Parking Facilities, hereinafter referred to as "Budget", on a
form(s) prepared or approved by the City, listing all anticipated operating expenses and costs,
including types, quantities and estimated costs, required by the subsequent fiscal year as defined
by State law, the costs of Insurance specifically required by this Agreement, and any expense for
Amended and Restated Watson Island Parking Operation Agreement )3.
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deductible loss sustained by DOSP where such insurance policy includes a deductible limit are
reimbursable. The City shall approve or disapprove all or portions of the categories of expenses
or individual items contained in the Budget. Expenses and categories of expenses approved by
the City, including capital expenditures and expenditures necessitated by the provisions of the
Agreement as set forth in the Budget approved by the City, shall be reimbursed to DOSP by the
City.
G. All reports, expense invoices and the like, required by this Agreement shall be
submitted to the following address, unless such address has been changed in writing by the City:
City of Miami
Department of Economic Development
Miami Riverside Center
444 S.W. 2nd Ave, 3' Floor
Attention: Director
Miami, Florida 33130
11. COMPENSATION AND METHOD OF PAYMENT:
A. In consideration of the services to be provided by DOSP to the City hereunder the
City shall pay DOSP a Management Fee and an Administration Fee. The Management Fee is
DOSP's compensation for managing the Parking Facilities and the Administration Fee is to
cover all indirect costs associated with the project, including but not limited to, senior
management time. For purposes of this paragraph, the term "Gross Revenues" shall mean all
monies collected and deposited by the DOSP, as required in Section 10 above. Gross Revenues
shall not include amount collected for the payment of parking surcharge, sales tax, or any other
taxes or charges which are directly paid by the DOSP or the City to a taxing authority; discounts
and allowances as provided by procedures accepted and approved by the DOSP; and dishonored
checks and uncollectible credit card charges, provided that such check and credit card
transactions were processed utilizing sound business procedures.
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Amended and Restated Watson Island Parking Operation Agreement
03-r 863
B. No later than the 20th day of each month during the term, DOSP shall deliver to
the City, together with the monthly statement described in Section 10 above, the Adjusted Net
Revenues derived from the operation of the Parking Facilities.
12. GENERAL PROVISIONS:
A. None of the officers, agents, or employees of DOSP shall be deemed to be
officers, agents or employees of the City for any purpose(s) whatsoever.
B. In the event of any injury to any person or loss or damage to any property on the
Parking Facilities, DOSP shall immediately notify the City and promptly furnish copies of
reports in connection therewith.
C. The City reserves the right to call upon DOSP for specialized parking facility
consulting services and advice with regard to the operation of the Property. In such event, all
expenses and costs incurred by DOSP in connection therewith shall be paid as established by
mutual agreement of the parties.
13. INTERIM PARKING FACILITIES
Until such time as construction of the South Side Lot is complete, DOSP shall have the
right to design, construct and operate, at its sole cost and expense, interim Parking Facilities on
the south side of Watson Island for use by the Miami Children's Museum and/or overflow
parking for Parrot Jungle Island, subject to the City Manager's approval which approval may be
withheld in his sole discretion.
14. COMPLIANCE WITH ALL LAWS: DOSP and the City, notwithstanding anything to
the contrary herein, shall comply with all laws, ordinances, regulations and rules of the Federal,
State, County and City Government, which may be applicable to its operation under this
Agreement.
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Amended and Restated Watson Island Parking Operation Agreement 03-
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15. DAMAGE OR DESTRUCTION TO PARKING FACILITIES: If the Parking
Facilities are rendered unfit or unusable for the use and purpose for which this Agreement is
granted, either party shall have the option, upon sixty (60) days notice in writing, to terminate
this Agreement.
16. INSURANCE: DOSP shall maintain the following insurance during the term of this
Agreement:
A. Comprehensive General Liability in limits not less than $1,000,000 per
occurrence for Bodily Injury and Property Damage, plus an umbrella policy of no less than
$5,000,000.
B. Theft Coverage covering employee fidelity, inside or outside loss and burglary
with a limit of not less than $25,000 per occurrence.
C. Workers' Compensation as required by Florida Statutes, Chapter 440.
D. The insurance coverage required shall include those classifications as listed in
Standard Liability Insurance Manuals, which most nearly reflect the operations of DOSP.
E. All insurance policies and Surety Bonds required herein shall be issued in
companies authorized to do business under the laws of the State of Florida, with the following
qualifications as to management and financial strength:
The company must be no less than "A" as to general policyholder's rating
and no less than Class "X" as to financial rating, in accordance with the
latest edition of Best's Key Rating Guide, published by A.M. Best
Company, Inc.
F. DOSP shall furnish to the City all required Certificates of Insurance prior to the
commencement of operations hereunder and throughout the term of this Agreement, which
certificates shall clearly indicate that DOSP has obtained insurance in the type, amount and
classification as required for strict compliance with this Article, and that no material change or
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Amended and Restated Watson Island Parking Operation Agreement
03- 863
cancellation of the insurance shall be effective without thirty (30) days prior written notice to the
City. The City shall be listed as an additional insured as required by its Risk Management
Department.
G. DOSP shall furnish certificates evidencing renewal or replacement of required
insurance coverage, thirty (30) days prior to expiration or cancellation. The City reserves the
right to reasonably amend the insurance requirements.
17. INDEMNIFICATION: Subject to the limitations of Section 768.28, Florida Statutes,
(2002), as amended, DOSP shall indemnify, defend and hold harmless the Indemnitees and each
of them from and against all Liabilities by reason of any injury to or death or any person or
damage to or destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this Agreement
which is or is alleged to be directly or indirectly caused, in whole or in part, by any act,
omission, default or negligence (whether active or passive) of DOSP or its employees, agents or
subcontractors (collectively referred to as "DOSP"), regardless of whether it is, or is alleged to
be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the
failure of the DOSP to comply with any of the paragraphs herein or the failure of the DOSP to
conform to statutes, ordinances, or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of this Agreement. DOSP
expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and
against all liabilities which may be asserted by an employee or former employee of DOSP, or
any of its subcontractors, as provided above, for which the DOSP's liability to such employee or
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Amended and Restated Watson Island Parking Operation Agreement 03_ 863
former employee would otherwise be limited to payments under state Worker's Compensation or
similar laws.
18. NON-DISCRIMINATION: DOSP shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement with respect to
age, sex, or physical handicaps (except where based on a bona fide occupational qualification),
or because of race, color, religion, national origin, ancestry or marital status. DOSP further
covenants and agrees that no person on the grounds of race, color, sex, age, religion, handicap,
national origin or marital status shall be excluded from or be subjected to discrimination in the
use of the Parking Facilities.
19. VACATING AT EXPIRATION AND/OR TERMINATION OF AGREEMENT:
DOSP shall surrender up and deliver the Parking Facilities to the City at the termination of this
Agreement, and shall remove all of its personal property forthwith. Any personal property of
DOSP not removed in accordance with this Article shall be removed by the City and stored at
the cost of DOSP. Failure on the part of DOSP to remove or reclaim its personal property within
thirty (30) days from the date of termination shall constitute a gratuitous transfer of title thereof
to the City for whatever disposition is deemed to be in the best interest of the City. The City
shall reimburse any and all un -reimbursed capital costs, including interest, and any accumulated
losses.
20. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
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Amended and Restated Watson Island Parking Operation Agreement 03— 863
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
To DOSP To City
Office of the City Manager
Executive Director City of Miami
Department of Off -Street Parking 3500 Pan American Drive
190 N.E. Third Street Miami, Florida 33137
Miami, Florida 33132
With copies to: With copies to:
City Attorney City Attorney
City of Miami City of Miami
444 S.W. 2nd Avenue, Suite 945 444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130 Miami, Florida 33130
Director, Planning & Development Director, Department of Economic
Department of Off -Street Parking Development
190 N.E. Third Street City of Miami
Miami, FL 33132 444 S.W. 2nd Avenue, Third Floor
Miami, Florida 33130
21. SEVERABILITY: In the event that any portions of this Agreement shall be held to be
invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement
and the same shall remain in full force and effect.
22. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
23. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide goods or services to City as an independent contractor, and not as an agent or
employee of City. Provider further understands that Florida Workers' Compensation benefits
available to employees of City are not available to Provider, and agrees to provide workers'
compensation insurance for any employee or agent of Provider rendering services to City under
this Agreement.
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24. OWNERSHIP OF DOCUMENTS: DOSP understands and agrees that any information,
document, report or any other material whatsoever which is given by the City to DOSP or which
is otherwise obtained or prepared by DOSP pursuant to or under the terms of this Agreement is
and shall at all times remain the property of the City. DOSP agrees not to use any such
information, document, report or material for any other purpose whatsoever without the written
consent of City, which may be withheld or conditioned by the City in its, sole discretion.
25. INSPECTION RIGHTS:
A. The City shall have the right, at reasonable times during the term hereof, inspect
the Parking Facilities as the City deems reasonably necessary to determine whether services
required to be provided by DOSP under this Agreement conform to the terms hereof. DOSP
shall make available to the City the Parking Facilities inspections by City representatives. All
inspections shall be subject to, and made in accordance with, the provisions of Section 18-100 of
the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to
time.
B. DOSP acknowledges that FIND has the right to inspect those portions of the
Parking Facilities funded with FIND Grant Funds and in the event that any portion of such work
is found to be defective or does not qualify for funding, DOSP shall promptly cause the
contractor or any other responsible party to take such curative action as may be required to bring
the work into compliance. All records in support of the project costs included in payment
requests shall be subject to review and approval by the City or by an auditor selected by the City.
Audit expenses shall be borne by DOSP.
26. LIENS: DOSP shall ensure that the Property shall at all times be free from any
mechanics', materialmen's, or other liens arising out of any improvements made, or work
Amended and Restated Watson Island Parking Operation Agreement 15 03— 863
performed upon, or materials, furniture, or fixtures delivered to the Property. The City shall
have the right, but not the obligation, at all times to post and keep posted on the Property any
notices, which it deems necessary for its protection from such liens. If any such liens are filed
and are not released of record by payment or posting of a proper bond within ten (10) calendar
days after filing, the City may, without waiving any other rights or remedies it may have, cause
the lien to be released by any means it shall deem proper, including payment of the claim giving
rise to the lien, in which event all amounts paid by City shall immediately be due and payable by
DOSP.
27. DEFAULT:
A. If any party fails to comply with any term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then said party shall be in default. Upon the
occurrence of a default hereunder the non -defaulting party, in addition to all remedies available
to it by law, may immediately, upon written notice to non -defaulting party, terminate this
Agreement. If DOSP is the defaulting party, all payments, advances, or other compensation paid
by the City to DOSP while DOSP was in default shall be immediately returned to the City.
B. DOSP understands and agrees that termination of this Agreement under this
section shall not release DOSP from any obligation accruing prior to the effective date of
termination. Should DOSP be unable or unwilling to commence to perform the Services within
the time provided or contemplated herein, then, in addition to the foregoing, DOSP shall be
liable to the City for all expenses incurred by the City in preparation and negotiation of this
Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the
Services, including consequential and incidental damages.
28. CITY'S TERMINATION RIGHTS:
16
Amended and Restated Watson Island Parking Operation Agreement #)3— 863
A. The City shall have the right to terminate this Agreement, by giving DOSP at
least thi 30 business days prior written notice, upon 1) discontinuance or termination of the
construction of the Parking Facilities, 2) unavailability of funds under the FIND Grant
Agreement, or 3) if the City determines, in its sole discretion, that DOSP's services are no longer
in the best interest of the City. In such event, the City shall pay to DOSP compensation for
services rendered and expenses incurred prior to the effective date of termination. In no event
shall the City be liable to DOSP for any additional compensation, other than that provided
herein, or for any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to DOSP, upon the occurrence of an event of default under the FIND Grant Agreement
or under this Agreement. In such event, the City shall not be obligated to pay any amounts to
DOSP and DOSP shall reimburse to the City all amounts received while DOSP was in default
under this Agreement or which is requested by FIND.
29. ASSIGNMENT: This Agreement shall not be assigned by DOSP, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
30. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation shall be Miami -Dade County.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
17
Amended and Restated Watson Island Parking Operation Agreement 863
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
31. GENERAL REPRESENTATIONS AND WARRANTIES: DOSP represents and
warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the
performance of the Services; (ii) it is not delinquent in the payment of any sums due the City,
including payment of permit fees, occupational licenses, etc., nor in the performance of any
obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all
times during the term hereof, fully qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described herein.
32. SIGNS: Pursuant to the terms and conditions of the FIND Agreements, _DOSP shall be
responsible for erecting signs indicating FIND's support to the City towards the construction of
the Parking Facilities.
33. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any other or prior agreements,
18
Amended and Restated Watson Island Parking Operation Agreement
03- 863
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect. Specifically, the terms and conditions of this Agreement shall supercede the
terms and conditions of the August 8, 2002 agreement.
[INTENTIONALLY LEFT BLANK]
19
Amended and Restated Watson Island Parking Operation Agreement 03- Q V 6 3
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Priscilla A. Thompson, City Clerk
ATTEST:
Print Name:
Print Title
Approved as to Insurance Requirements
Diane Ericson, Director
Risk Management
"City"
CITY OF MIAMI,
a municipal corporation
Joe Arriola
City Manager
"DOSP"
Department of Off -Street Parking
Arthur Noriega, V
Executive Director
Approved as to form and correctness
Alejandro Vilarello
City Attorney
20
Amended and Restated Watson Island Parking Operation Agreement 03— 863
Exhibit A
South Side Lot Site Plan
03- 863
- D13-3803 PG.120 (CHH lo S ISI L 7/21 /.» CU1.IN I Y (11.1 1))
PREVIOUS LINL
EXISTING R/W LINE FDOT
�+ SECTION 87060-2576
�+ ACCESS ROAD, PORTION OF FDOT
PARCELL 100 ORB 18018 PG.1168
I
46.00' ' m
L_741
m^ m X6.19. .4c,
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6 m OPEN �t 00.8, ,
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"PROPOSED FOOT
TE
MPpRARY ---
CONSTRUCTION �/ +
EASEMENT +
` + 0 TO SECTIO 8,7060 IN2576 * +
8)06 m�
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863
Exhibit B
Legal Description City Property for South Side Lot
03- 863
MAL D�FJCR�'PION:
PARCEL P-3:
COMMENCE AT A POINT SHOWN MARKED BY A 5/8" DIAMETER IRON ROD AND
CAP STAMPED F.D.O.T., SHOWN AS P.T. STA. 25+50 ON THE "OFFICIAL MAP OF
LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS PART
OF STATE ROAD A -1-A IN DADE COUNTY, FLORIDA", PREPARED BY THE STATE
ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56
AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT
BEING THE POINT OF TANGENCY OF THE CENTER LINE OF THE MOST NORTHERLY
CURVE OF DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND SOUTH
EASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND. AS
SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP
SECTION NO. (8706-112) 87060-2117, REVISED MARCH 25, 1959, SAID MOST
NORTHERLY CURVE HAVING A RADIUS OF 1432.69 FEET AND A CENTRAL ANGLE
OF 62'00'00"; THENCE SOUTH 59'51'26" WEST DEPARTING RADIALLY FROM SAID
CENTERLINE A DISTANCE OF 252.79 FEET TO THE MOST WESTERLY RIGHT OF WAY
LINE OF THE DOUGLAS MACARTHUR CAUSEWAY (S.R. A -1-A); THENCE SOUTH
26'22'36" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 33,52 FEET;
THENCE SOUTH 17'58'22" EAST, CONTINUING ALONG SAID RIGHT OF WAY LINE
A DISTANCE OF 173.62 FEET; TO THE POINT OF BEGINNING; THENCE SOUTH _
17'58'22" EAST A DISTANCE OF 445.60 FEET TO A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 200.81 FEET AND A CENTRAL ANGLE OF 27'35'37";
THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 96.71 FEET;
THENCE NORTH 64'38'56" WEST A DISTANCE OF 374.84 FEET; THENCE NORTH
52' 14'06" WEST A DISTANCE OF 81.03 FEET; THENCE NORTH 44'28'41" WEST A
DISTANCE OF 115.61 FEET; THENCE NORTH 54'07'34" EAST A DISTANCE OF
366.18 FEET TO POINT OF BEGINNING.
CONTAINING 2.32 ACRES OF LAND MORE OR LESS.
03. 863
(CITY 10 S W L //21
PREVIOUS LINL
EXISTING R/W LINE FDOT
SECTION 87060-2576
lbr ACCESS ROAD, PORTION OF FDOT
PARCELL 100 ORB 18018 PG.1168
10
1¢1.4
lb' o 19,
LRpO
0 C) M
0)
0 01 -
be
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7-
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lb
e Op
lb
lb -
445 60,
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6 -200-8"
L=168 88'
0 r
�PENDI;N -27*35 37'
L-06.7,4'
lb 4cQu/s/
ti
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P�OPOSED FD --t
TEMPORARY OT
uj CONSTRUCIIO 4.4i
EASEMENT (ACCORDING N
To�"SECTION 8,7060
-2576)
Qb
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lb
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0.
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fro 910 lb
co C( -Z 9
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-----------
Exhibit C
Legal Description of FDOT Property used for South Side Lot
03- 863
COMMENCE AT A POINT SHOWN MARKED BY A 5/8" DIAMETER IRON ROD AND
CAP STAMPED F.D.O.T., SHOWN AS P. T. STA. 25+50 ON THE "OFFICIAL MAP OF
LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS PART
OF STATE ROAD A -1-A IN DADE COUNTY, FLORIDA", PREPARED BY THE STATE
ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56
AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT
BEING THE POINT OF TANGENCY OF THE CENTER UNE OF THE MOST NORTHERLY
CURVE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND
SOUTH EASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND
AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP
SECTION NO. (8706-112) 87060-2117, REVISED MARCH 25, 1959, THENCE
SOUTH 59' 51' 26" WEST ALONG A RADIAL UNE A DISTANCE OF 170.88 FEET,
THENCE RUN SOUTH 26'43'25" EAST A DISTANCE OF 192.62' TO THE POINT OF BEGINNING;
THENCE ALONG AND ENCOMPASSING A PORTION OF PARCEL 102 AS SHOWN ON
A FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL RIGHT OF WAY DRAWING OF
SECTION 87060-2576 THE FOLLOWING COURSES AND DISTANCES; THENCE
SOUTH 26' 43' 25" EAST A DISTANCE OF 46.00 FEET TO A CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 276.19 FEET AND A CENTRAL ANGLE OF 29' 20' 38"; THENCE
RUN SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 141.45 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 02' 37' 08" WEST A DISTANCE OF 239.39 FEET TO A
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 200.81 FEET AND A CENTRAL
ANGLE OF 20' 35' 30"; THENCE RUN SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE
OF 72.17 FEET; THENCE NORTH 17' 58' 22" WEST A DISTANCE OF 445.60 FEET;
THENCE NORTH 54'07'37" EAST A DISTANCE OF 109.79 FEET TO POINT OF BEGINNING.
CONTAINING 0.71 ACRES OF LAND MORE OR LESS.
3URVZY0R`9 NOTls:
1 - THIS IS NOT A BOUNDARY SURVEY.
2- BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON THE
MONUMENTED CENTERLINE OF DOUGLAS MACARTHUR CAUSEWAY HAVING
A BEARING OF N30'08'34W ACCORDING TO THE SPECIFIC PURPOSES
SURVEY FOR THE FLORIDA DEPARMENT OF TRANSPORTATION BY POST
BUCKLEY SCHUH & JERNIGAN (PBSJ), WPI No.6113776, SECTION
87060-2576, DATED 9/18/97.
3- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
/ ro? er Survey -L & Mapping, P.A.
(/ lorida Cer_:, d No. LB 4207
Jorge Fernandez PSM No.5103
' DATE: 05/08/2001 I PROJ. No 1591 C I CAD FILE: 1591 C_PH 10C.DWG
'LALU L UZZc;x1r r1uN I SHEET 1 OF 2
PORTION OF F.D.O.T. PARCEL. 102 ADJORMG PROPOSED CHM)REN MUSEUM
for
CITY OF MIAMI
0 - A PORTION OF
WATSON ISLAND
MIAMI, FLORIDA
WEIDBNIER SURVEYING AND 1�AAppING PA
JacksmvUk - Yl—1 - Orlando - Tampa - Pmacola
10418 N.W. 31st Terrace Miami, Florida 33172
ALs, 2
(306) 599-5951 PAZ 599-rM
03- 863
LEGEND:
FDOT.
FLORIDA DEPARMENT OF
TRANSPORTATION
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
SEC.
SECTION
LB.
LICE" --FD BUSINESS
R/W
RIGHT OF WAY
P.O.T.
POINT OF TAGENCY
/ ro? er Survey -L & Mapping, P.A.
(/ lorida Cer_:, d No. LB 4207
Jorge Fernandez PSM No.5103
' DATE: 05/08/2001 I PROJ. No 1591 C I CAD FILE: 1591 C_PH 10C.DWG
'LALU L UZZc;x1r r1uN I SHEET 1 OF 2
PORTION OF F.D.O.T. PARCEL. 102 ADJORMG PROPOSED CHM)REN MUSEUM
for
CITY OF MIAMI
0 - A PORTION OF
WATSON ISLAND
MIAMI, FLORIDA
WEIDBNIER SURVEYING AND 1�AAppING PA
JacksmvUk - Yl—1 - Orlando - Tampa - Pmacola
10418 N.W. 31st Terrace Miami, Florida 33172
ALs, 2
(306) 599-5951 PAZ 599-rM
03- 863
(RADIAL)
S59'51'26"W - 170.28'
Cn
hi
65' 65 65'
C' I �•
p n
m m f . `i 0 C.
M X
N P.T. STA. 25+50
o Z (SECT. 8706, MB 56 /PG. 71)
PROPOSED S26'43'25 E O P.T. II STA. 216+25.58
PRNATE ROAD N5407 37 E 38.49 (FDO T SECT. 8706, 2576)
109.79' o g FOUND 5/8"IRON ROD
P•O.B•I CAP STAMPED F.D.O.T.
0)r
S26'43'25'E 00 to -Z
CA w 46.00' a;m
PARKING p �. c'iW N D
PARCEL o o y o� n
CO D C1 w w v oD M
02 Co nn vv m X
R m c� c� V)
cuo-0 '!F.>r(n
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`Ow z 00 co olc SCALE: 1'=100'
�w 6 N
00 rri
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O Z
I
N m LOCATION MAP not to scale
N
00395 MACARTHUR
CITY iPATSON S ND��
OF
MIAMI < VSeAy
Q.
DATE: 06/27/2001 PROJ. No 1591 C CAD FILE: 1591 C_PH 10C.DWG
SKETCH TO ACOMP, LEGAL DESCRUMW—
PORTION OF F.D.O.T. PARCEL 102 ADJOBGNG PROPOSED PARMG PARCEL SHEET 2 OF
for
CITY OF MIAMI
OF A PJRTION OF Aft WIDENER &RTTYING AND MAPPING PA
WATSON ISLAND Isabo - lo.mt - Orlando - Florida�a
- P.nool.
� 1041818 N.A. 31st Terrace Miami,Flor33172
MIAMI, FLORIDA (MM) a"-&M FAX 5W-rW
03- 863
Exhibit D
Public Boat Ramp Lot Site Plan
Amended and Restated Watson Island Parking Operation Agreement
03- 863
Vt COW
1; JAPAN"y
GAIRDEN
TRANSITION ARES
p�or3
0a'8' By1AIBa. D
\ o s+• _ pis
\ D
D.0 97- I ►�
u m^ gf0.52'27�E r A"9.5!v
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s✓ R� \Na yiS � �D
'/��A'OoW , •i7 A�or18'll- W
rua 3�DY�.78�• IV w'� s.
A_ad.l J' A�tt •95.1 ` y'y
C� •v +, CB-Sowrs SJ -I Cg.Bor37 y O n' a y
�I s O
aA qp ''4r
OU T'°= o �� "RAM $
I \N YM� O hr
e Q -is
A-7 2.
Il ",� 2+00 J+ ..r+ Por
qS !a ea-SJroa's.'a BOAT 9 Ft+/' � � 0 P m ,eB,.�
CLU 169.595 3+00
B ti4: „� � ssr P.F.Y. foo.00' ro t
'\ O HPr
i pot St- t+
5+00 _ .,fir Nis-ofrS
95.
ACCESS r . s o0 NIT .oy / n9vei'°is'B Bor°o'Z/ s - - 00 95.
�•,r;, g
ASgjgNT "o 7+04 06 B %'Di 51 Y27'/IAB 769.
g 16 0 ml
8 r 13
00 s" a� . \ T`
Y e05 I .ac6` s 7 'r ...../ATE TA:�iTSN OF
Exhibit E
Legal Description on Public Boat Ramp Lot
03- 863
WATSON ISLAND- BOAT ,MP
LEGAL DESCRIPTION:
A PORTION OF "WATSON ISLAND", LYING AND BEING IN SECTIONS 31 AND 32, TOWNSHIP 53
SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT KNOWN AS P.T. STATION 25+50 OF THE "OFFICIAL MAP OF LOCATION
AND SURVEY OF A PORTION OF SECTION 8706-2576, DESIGNATED AS A PART OF STATE ROAD
A -1-A IN DADE COUNTY, FLORIDA", AS RECORDED IN PLAT BOOK 56, AT PAGE 71, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID STATION 25+50 ALSO KNOWN AS
STATION 216+25.58 AS SHOWN ON F.D.O.T% PARCEL SKETCH FOR STATE ROAD A -1-A FOR
SECTION 87060-2576, SHEET 1 OF 1; THENCE S 30'08'34" E, ALONG THE BASELINE OF SURVEY
FOR STATE ROAD A -1-A MAC ARTHUR CAUSEWAY AS SHOWN ON SAID FLORIDA DEPARTMENT OF
TRANSPORTATION PARCEL SKETCH FOR STATE ROAD A -1-A FOR SECTION 87060-2576, SHEET 1
OF 1, FOR 809.42 FEET; THENCE N 59'51'26" E, DEPARTING SAID BASELINE SURVEY, FOR 130.00
FEET TO A POINT ON THE NEW RIGHT-OF-WAY LINE FOR STATE ROAD A -1-A MAC ARTHUR
CAUSEWAY AS SHOWN ON THE ABOVE MENTIONED PARCEL SKETCH; THENCE ALONG THE
BOUNDARY LINE OF THE JAPANESE GARDEN, FOR THE FOLLOWING DESCRIBED TWO (2) COURSES;
1) THENCE N 59'51'26" E FOR 288.84 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO
THE NORTHWEST, SAID POINT BEARS N 81'22'12" E FROM THE CENTER OF SAID CURVE; 2)
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
1253.00 FEET AND A CENTRAL ANGLE OF 07'35'06" FOR A DISTANCE OF 165.88 FEET TO A
POINT ON SAID CURVE; THENCE N 88'57'18„ E, RADIAL TO THE FOLLOWING DESCRIBED CURVE,
FOR 69.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT
ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1322.00 FEET
AND A CENTRAL ANGLE OF 03'49'11" FOR A DISTANCE OF 88.13 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00
FEET AND A CENTRAL ANGLE OF 75'50'44" FOR A DISTANCE OF 52.95 FEET TO A POINT- ON
SAID CURVE; THENCE S 16'51'24" W FOR 73.72 FEET TO A POINT ON A CIRCULAR CURVE
CONCAVE TO THE SOUTH, SAID POINT BEARS N 28'38'27" W FROM THE CENTER OF SAID CURVE;
THENCE ALONG THE BOUNDARY OF THE MIAMI OUTBOARD CLUB, FOR THE FOLLOWING DESCRIBED
FOUR (4) COURSES; 1) THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE
OF 60'42'16" FOR A DISTANCE OF 63.57 FEET TO THE POINT OF TANGENCY; 2) THENCE S
57'56'11" E FOR120.75 FEET; 3) THENCE N 35'27'42" E FOR 110.62 FEET; 4) THENCE N
69'29'18" E FOR 40.41 FEET TO A POINT ON THE MEAN HIGH WATER LINE AS SAID LINE WAS
ESTABLISHED ON FEBRUARY 2002; THENCE ALONG SAID MEAN HIGH WATER LINE, FOR THE
FOLLOWING DESCRIBED EIGHT (8) COURSES; 1) THENCE N , 20'15'47" W FOR 113.98 FEET; 2)
THENCE N 24'05'11" W FOR 110.56 FEET; 3) THENCE N 23'37'58" W FOR 100.48 FEET; 4)
THENCE N 17'53'03" W FOR 98.52 FEET; 5) THENCE N 0'37'45" E FOR 99.46 FEET; 6) THENCE N
2'10'21 E FOR 101.37 FEET; 7) THENCE N 9'22'19" W FOR 95.82 FEET; 8) THENCE N 15'02'45"
W FOR 101.46 FEET TO A POINT ON THE BOUNDARY LINE OF THE MIAMI YACHT CLUB; THENCE S
88'31'18" W, ALONG THE' BOUNDARY LINE OF SAID MIAMI YACHT CLUB, FOR 216.53 FEET TO A
POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS S 74"49'11" W
FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING RADIUS OF 240.00 FEET AND A CENTRAL ANGLE OF 17'38'15" FOR A
DISTANCE OF 73.88 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
SOUTHWEST; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 260.00 FEET AND A CENTRAL ANGLE OF 21'56'37" FOR A DISTANCE OF 99.58 FEET
TO THE POINT OF TANGENCY; THENCE S 10'52'27" E FOR 231.50 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1322.00 FEET AND A CENTRAL ANGLE
OF 9'49'45" FOR A DISTANCE OF 226.79 FEET TO THE POINT OF BEGINNING.
CONTAINING 159,535 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES AND REPORT:
OWNERSHIP IS SUBJECT TO OPINION OF TITLE.
EXAMINATION OF THE ABSTRACT .OF TITLE WILL HAVE TO BE MADE TO
DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. 03- 863
THFRF MAY RF ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS
Jvs- 4e►q`�s56� / ' �r�✓'tip¢t9¢�G�\ / JAPAIvr.3lE a \
CAMDEN
A-!lb'f00'
of
� � `� a ... O `' � _.. � 1'Iab. a' _ '• v -� �� OM o v
a
�,'•_ '�� Z " wl �„ y1.50 .. s � ttbj
s. zl•so'Tl � 1
e,,; __ - --_ - -- . —_ — • I+ \m r1 �,t0 O v'� tam b
A -1.7I1.00' A.172t.o0' N
+ .o � � . J c .. `� 5 -or.: u • ..oa ..r. .. I e.00'u'.a 1 Y`s ai A '`"
cs, �Jw co W_ 1-88.13' i �e Nos•si ss•f \' '•i
C873'. ca/ s7'.'.•
MIAMI OUTBOARD
+I
' H J
AMP
I+00— A 5193'—BOAT
CLUBssroas.19.575 s0.)l`/2+0y3+00
/'
tiHPO
T
i
Sd1 _
P.R. ` 1------ - L
q L
5+00
r 1
r
IOLJY OT1O'21.2 ~ ~95.
e .4
ACCESS jASgjjjNT / (6 00 9 0'37'45',r
lI NITS ofAxoY=Z
7 n(�
tK pz ue�c � ,13slrs711' el, �
t%Fy oo �y a — > NT � ur1oN ar
Exhibit F
FIND GRANT
433- 863
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT ,
PROJECT NO. DA -MI -00-59
This PROJECT AGREEMENT made and entered into this 3 day of
?N.- , 2003 by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City of Miami, (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 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
("PROJECT") consisting of the Watson Island Boat Ramp Replacement. Said project is
more specifically described in the PROJECT SPONSOR'S Waterways Assistance
Application, which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior
written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless specifically authorized by the
DISTRICT Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 2002, unless the PROJECT
period has been extended with the prior written approval of the DISTRICT. In no event,
however, shall the PROJECT period extend beyond three (3) years from the October 1,
2000. The PROJECT SPONSOR acknowledges there are no provisions to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2003, and
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that any extension of funding beyond this date shall be at the sole discretion of the
DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding
paragraph shall require submittal by the PROJECT SPONSOR of a request for extension
to the DISTRICT no later than July 1, 2002. This request will then be considered by the
DISTRICT Board, whose decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than
fifty percent 50% of the PROJECT SPONSOR'S out-of-pocket costs for completion of
this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the
PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement
basis only, and 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
$150.000.00.
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 shall, prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT
Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT 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 the DISTRICT.
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6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT
SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the DISTRICT for any obligation or expenditure made prior to the execution of this
Project Agreement.
1 ---r REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and
canceled payment vouchers for expenditures shall be provided to the DISTRICT 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 the DISTRICT or by an auditor selected by the DISTRICT. Audit
expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT,
upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT.
The DISTRICT 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 the DISTRICT
and in accordance with Exhibit A: personnel, equipment, project management,
administration, inspection, and design, permitting, planning, engineering, and/or
surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in
whole or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon
completion of the PROJECT, shall submit to the DISTRICT a request for final
reimbursement of the PROJECT AMOUNT less any prior installment payments. The
Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of
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the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full
completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3)
submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless otherwise determined by the DISTRICT, 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.
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 the DISTRICT, 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 - The DISTRICT shall have the right to
reimbursement, either in whole or part as it may determine, of the funds provided
hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this
Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR
shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph
shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his
designee, is hereby designated as the DISTRICT'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. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall
appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT
upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement.
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13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT
shall submit to the DISTRICT project status reports during the PROJECT term. These
Quarterly Reports are to be on Form #95-02 (Exhibit F). 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. NON-COMPLIANCE by the PROJECT SPONSOR with the
reporting schedule in Exhibit G may result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local permits and all applicable laws and regulations in the development
of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
designed and 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 the -
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five
(25) years after completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such
dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
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17. ACKNOWLEDGMENT - "the PROJECT SPONSOR shall erect a -
permanent sign, approved by the DISTRICT, in a prominent location at the completed
project which shall indicate that the DISTRICT contributed funds for the PROJECT. The
wording of the sign required by this paragraph shall be approved by the DISTRICT's staff
before construction and installation of said sign. This sign shall contain the DISTRICT
logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the
SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT'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 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. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be
solely responsible for the wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its employees, commissioners and agents .are solely
providing funding assistance for the PROJECT and are not involved in the design,
construction, operation or maintenance of the PROJECT.
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
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17. ACKNOWLEDGMENT - "the PROJECT SPONSOR shall erect a -
permanent sign, approved by the DISTRICT, in a prominent location at the completed
project which shall indicate that the DISTRICT contributed funds for the PROJECT. The
wording of the sign required by this paragraph shall be approved by the DISTRICT's staff
before construction and installation of said sign. This sign shall contain the DISTRICT
logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the
SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT'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 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. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be
solely responsible for the wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its employees, commissioners and agents .are solely
providing funding assistance for the PROJECT and are not involved in the design,
construction, operation or maintenance of the PROJECT.
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
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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, and shall, unless the context clearly requires otherwise,
survive completion of the PROJECT. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of the
DISTRICT.
22. WAIVERS - Waiver of a breach of any provision of this Agreement shall
not be deemed a waiver 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 the DISTRICT or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To PROJECT SPONSOR at:
City of Miami
Attention: Assistant Director - Department of Real Estate and Economic
Development
444 S. W. 2nd Avenue, 3rd Floor
Miami , FL 33130
24. NO JOINT VENTURE - The DISTRICT's role with respect to the
PROJECT is that of a funding assistance authority only and the DISTRICT is not, and
shall not be considered to be, an agent, partner, or joint venturer with the PROJECT
SPONSOR.
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25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT 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 the PROJECT
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,
the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to
the full extent of the funding assistance provided by the DISTRICT, including but not
limited to any costs and reasonable attorney's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
27. 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.
28. LITIGATION COSTS/VENUE - In the event that the DISTRICT 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, appellate and post judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
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25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT 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 the PROJECT
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,
the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to
the full extent of the funding assistance provided by the DISTRICT, including but not
limited to any costs and reasonable attorney's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
27. 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.
28. LITIGATION COSTS/VENUE - In the event that the DISTRICT 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, appellate and post judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
FLORIDA AND NAVIGATION DISTRICT
By:
CHAIR
DATE: /t ra /Cya
fla
Titl
DATE: 10-10 --OCA
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EXHIBIT A
CHAPTER 66B-2 — WATERWAYS ASSISTANCE PROGRAM
66B-2.001
Purpose.
66B-2.002
Forms.
66B-2.003
Definitions.
66B-2.004
Policy.
66B-2.005
Funds Allocation.
66B-2.006
Application Process.
66B-2.0061
Emergency Applications.
66B-2.007
Application Form.
66B-2.008
Project Eligibility.
66B-2.009
Project Administration.
66B-2.010
Project Agreement.
66B-2.011
Reimbursement.
66B-2.012
Accountability.
66B-2.013
Acknowledgement.
66B-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. This program will be known hereafter as the Florida
Inland Navigation District's Waterways Assistance Program,
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Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly
16T-2.001.
66B-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) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly
16T-2.002.
66B-2.003 — Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency 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) 'BEACH RENOURISHMENT" means the placement of sand on a beach for
the nourishment, renourishment or restoration of a beach.
(5) 'BOARD" means the Board of Commissioners of the Florida Inland
Navigation District.
(6) "DISTRICT" means'the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
governments and navigation related districts within the taxing boundaries of the
District.
(8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida
Inland Navigation District.
(9) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
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(11) "MATCHING FUNIS" means those funds provided by the local sponsor to
the project.
(12) "MEMBER COUNTY" means a county located within the taxing boundaries
of the District which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian
River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties.
(13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet
districts or any other agency having legally authorized navigation related duties in
waterways of the District.
(14) "PRE -AGREEMENT COSTS" means project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(15) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(16) "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.
(17) "PROJECT" means a planned undertaking consisting of eligible program
facilities, improvements or expenses for the use and benefit of the general public.
(18) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved
project.
(19) "PROJECT MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project
agreement.
(20) "PROJECT PERIOD" means the approved time during which costs may be
incurred and charged to the funded project.
(21) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(22) "PUBLIC MARINA" means a harbor complex used primarily for recreational
boat mooring or storage, the services of which are open to the general public on a
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first come, first served basis without any qualifying requirements such as club
membership, stock ownership, or differential in price.
(23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable
rivers, bays, creeks or lagoons intersected by said waterway and all navigable
natural creeks, rivers, bays or lagoons entering or extending from said waterway.
(25) "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 balance between quality of life and quality of the
environment of waterways.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Amended
9-2-92,2-6-97, Formerly 16T-2.003, Amended 5-17-98.
66B-2.004 -- Policy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) Financial assistance, support and cooperation may be 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, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation,
public recreation, inlet management, environmental education, law enforcement
and boating safety projects directly related to the waterways. Member counties
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may also be provided financial assistance, support, and cooperation in planning
and carrying out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance, support
and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Eligible local
governments may also be provided financial assistance, support and cooperation
in planning and carrying out beach renourishment and inlet management
projects.
(c) Navigation related districts may be provided with financial assistance to pay
part of the costs of the planning and acquisition of dredge material management
sites if the Board finds that the site is required for the long-range maintenance of
the Atlantic Intracoastal Waterway channel. All such sites must meet the
development and operational criteria established by the District through a long-
range dredge material management plan for that county. Navigation related
districts may also be provided with assistance for environmental mitigation
projects associated with waterway improvement related activities and inlet
management projects if the Board finds that the project benefits public
navigation in the Atlantic Intracoastal Waterway. All navigation related districts
shall contribute at least equal matching funds to any District financial assistance
provided. Seaports may also be furnished assistance and support in planning and
carrying out environmental mitigation projects. All seaport projects shall benefit
publicly maintained channels and harbors. Each seaport shall contribute
matching funds for funded projects.
(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 navigation related districts, member
counties and local governments shall be based upon the proportional share of the
District's ad valorem tax collections from each county.
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(3) Approval of projects by the District shall be in accordance xvith 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. This property control requirement also applies to a project site owned by
another governmental entity. The governmental entity that owns the project site
may be joined as a co -applicant to meet this property control requirement.
(8) Facilities funded in whole or in part by program funds shall be made available
to the general public of all of 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 an approved project prior to
the execution of the project agreement unless authorized by the Board during the
review and funding approval process. Pre -agreement expenses will be authorized
if they are less than fifty (50) percent of the project's total cost and if the expenses
are eligible project expenses in accordance with this rule.
(10) The project shall be completed within three (3) years of the date beginning of
the District's first fiscal year for which the project was approved. If the completion
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of a project is impacted by a declared state of emergency and the Board waives
this rule section, the extension of time granted shall not exceed one additional
three (3) year period.
(11) Project funds shall not be spent except as consistent with the project
agreement cost estimate that was approved by the Board, which shall be an
attachment to the project agreement. This cost estimate win esiaousn ine
maximum funding assistance provided by the District and the percentage of
funding provided by each party to the project. The District will pay the lesser of
(1) the percentage total of project funding which the Board has agreed to fund, or
(2) the maximum application funding assistance amount.
(12) All project costs must be incurred and work performed within the project
period as stipulated in the project agreement unless pre -agreement costs are
approved by the Board. Pre -agreement expenses will be authorized if they are less
than fifty (50) percent of the project's total cost and if the expenses are eligible
project expenses in accordance with this rule.
(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 the Board. The
Board will use the criteria found in s. 327.46(1), F.S., in determining whether to
approve the proposed boating speed zone.
(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
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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) All public marina projects funded through this program shall include sewage
pumpout facilities for vessels, unless the applicant can demonstrate that inclusion
of such a facility is physically, operationally or economically impracticable.
(18) Public information produced with assistance from this program shall not be
copyrighted and shall be provided free of cost, except for the cost of reproduction,
to the publilc.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History — New 12-17-90,
Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99.
66B-2.005 — Funds Allocation.
The Board will allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the
upcoming year. If funds are determined to be available for the program, the
District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District
Forms No. 91-25 Waterways Assistance Program Application Evaluation and
Rating Form, and 91-25A Waterways Assistance Program Navigation Districts
Application Evaluation and Rating Form, (effective date 2-6-97) hereby
incorporated by reference and available from the District office.
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(1) In as much as the District has other fiscal responsibilities and operational
needs, financial assistance to eligible government agencies shall not exceed an
amount equal to eighty (80) per cent of the proportional share of the District's ad
valorem tax collections from each county in which such agencies are located. The
District may make an exception to this funding limitation, if funds are determined
to be available based upon the District's overall goals, management policies, fiscal
responsibilities and operational needs, in counties that are recovering from a state
of emergency declared under Chapter 252, Florida Statutes.
(2) Financial assistance to seaports may exceed the proportional share of the
District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the
county in which such seaport is located if the seaport can demonstrate that a
regional benefit occurs from the ports activities. Financial assistance to a seaport
project that demonstrates a regional benefit shall not exceed an amount equal to (i)
the proportional share of the District's ad valorem tax collections as set forth in
Section 66B -2.005(l) from the counties where the benefit is demonstrated less (ii)
funding allocated in the same fiscal year to all other local government projects
funded in those counties.
(3) All financial assistance and support to eligible governmental agencies shall
require equal matching funds from the project sponsor with the exception of public
navigation, law enforcement and environmental education projects. Project
sponsors of public navigation projects shall provide matching funds of at least ten
(10) per cent of the total cost of the project. Project sponsors of law enforcement
and environmental education projects shall provide matching funds of at least
twenty-five (25) per cent of the total cost of the project. All financial assistance to
seaports shall require equal matching funds.
(4) Projects and project elements in the categories of inlet management and beach
renourishment shall be subject to the following provisions. The District shall
contribute no more than fifty per cent of the local share of the cost of the project.
The District shall not contribute funding to both the state and local shares of an
03- 863
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I
inlet management or beach renourishment project. Funding for the construction
phase of an inlet management or beach renourishment project may be approved by
the District Board for a multiple year period subject to budgeting and allocation
pursuant to the provisions of Chapter 200, F.S. Additionally, the following
provisions shall be met for inlet management or beach renourishment projects:
(a) Inlet Management
1. Inlet management projects shall benefit public navigation within the District
and shall be consistent with Department of Environmental Protection approved
inlet management plans and the statewide beach management plan pursuant to s.
161.161, F.S. Inlet management projects that are determined to be consistent
with Department of Environmental Protection approved inlet management plans
are declared to be a benefit to public navigation.
(b) Beach Renourishment
1. All projects in this category shall be consistent with the statewide beach
management plan. Beach renourishment projects shall only include those beaches
that have been adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination of beach areas
that are adversely impacted by navigation for the purposes of this program shall
be made by Department of Environmental Protection approved inlet management
plans. If state funding is not provided for a beach project, public access with
adequate parking must be available in accordance with s. 161, F.S.
(5) Eligible projects or project elements in the categories of public navigation, law
enforcement and environmental education include:
(a) Public navigation
I. Navigation channel dredging
2. Navigation channel lighting and markers
3. Waterway signs and buoys for safety, regulation or information
(b) Law enforcement
1. Waterways boating safety programs
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2. Law enforcement and boating safety equipment
(c) Waterways Related Environmental Education
1. Environmental Education Programs
Waterways related environmental educational programs shall consist of
coordinated efforts among the local community, the local school district and
local governments. Eligible programs shall be available to the general public or a
targeted segment of the general public. The curriculum for an eligible program
shall be coordinated with the District, the local community, the local school
district and local governments and shall be directly related to the environment of
the waterways.
2. Environmental Education Facilities
Eligible environmental educational facilities shall include buildings used for
waterways related education and accessory facilities such as boardwalks, docks,
signs, pavilions and other such structures that are directly utilized for education.
Structures having environmental education signage but not adjacent to or
associated with an environmental education facility shall not be considered a
waterways related environmental education facility for the purposes of this rule
section.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History — New 12-17-90,
Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98.
66B-2.006 — Application Process.
(1) Applications for assistance through this program shall be submitted during the
authorized submission period, which is from March 1 st through May 1 st 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 FIND
Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by
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reference and available from the District office located at 1314 Marcinski Road,
Jupiter, FL 33477.
(2) Applications will be reviewed by the local FIND Commissioner before being
submitted to the District Office. Upon receipt in the District office, staff will
review the applications for completeness of the informational requirements
identified in the Application Checklist, FIND Form Number 90-26 (effective date
4-12-95) and for compliance with the eligibility requirements of this rule. If the
application is for a project that is a land based development project the applicant
shall submit an Attorney's Certification of Title, FIND Form Number 94-26
(effective date 4-12-95). 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 date established by the Board in the application
package 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. The applicant's presentation will at a
minimum include a discussion of the applicant's answers to the Evaluation and
Rating Criteria on Form No. 91-25. Following the presentations, the Board will
review the applications and evaluate them using the Project Evaluation and Rating
Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and
available from the District office.
(4) The total points awarded to each application by the Commissioners will be
averaged to determine an applications final rating score. The final rating score for
each application must equal or exceed 35 points for the application to be
considered for funding assistance. Reconsideration of any application with a final
rating score of less than 35 points will only occur if the majority of the
Commissioners evaluating the project rated the project equal to or exceeding 35
,�3� 863
points and two-thirds of the Commissioners vote for reconsideration of the
application.
(5) 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) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Amended
9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006.
66B-2.0061— Emergency Applications.
Emergency applications may be submitted to the District and considered by the
Board at any time during the year to provide assistance to an eligible applicant for
the removal of navigation obstructions and repair or replacement of waterway
facilities damaged by a declared natural disaster. The District shall consider these
applications in accordance with these rules.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 6-24-93, Amended
2-6-97, Formerly 16T-2.0061.
66B-2.007 --- Application Form.
Florida Inland Navigation District Waterways Assistance Program Application
Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4-
12-95) are hereby incorporated by reference and available from the District office.
All applications for financial assistance and support through this program from
member counties and local governments shall be made on Form Number FIND
90-22. All applications for financial assistance and support through this program
from navigation related districts shall be made on Form Number FIND 93-22A.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Amended
6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007.
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6613-2.008 — 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 directly related to the waterways, inlet management,
environmental mitigation and beach renourishment.
(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 applicants with the project
application.
1. Public navigation channel dredging
2. Public navigation aids and markers
3. Public boat ramps and launching facilities
4. Public boat docking and mooring facilities
5. Public shoreline stabilization
6. Inlet management projects that are a benefit to public navigation in the District
7. Waterway signs and buoys for safety, regulation or information
8. Public spoil disposal site development
9. Waterways related environmental education programs and facilities
10. Public fishing and viewing piers
11. Public waterfront boardwalks
12. Waterways boating safety programs and equipment
13. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project
14. Other waterway related projects.
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(b) Project costs ineligible for program funding or matching funds will include.
contingencies, miscellaneous, reoccurring personnel related costs, land acquisition
and any extraneous recreational amenities not directly related to the waterway
such as 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
11. Picnic shelters and furniture.
12. Vehicles to transport vessels.
(c) Subject to approval by the Board of an itemized expense list:
1. The following project costs will eligible for program funding or as matching
funding:
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying costs for completed
construction project;
c. Restoration of sites disturbed during the construction of an approved project;
d. Equipment costs.
2. The following project costs will be eligible only as matching costs and can not
exceed fifteen (15) percent of the applicants match:
a. Applicant's non-recurring personnel costs;
b. Applicant's equipment costs;
c. Applicant's in-house project management administration and inspection costs;
03- 863
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,,
d. Applicant's in-house design, permitting, planning, engineering or surveying
costs for completed construction project;
e. Applicant's other in-kind services.
Before reimbursement is made by the District on any of the costs listed in
subsection I. or 2. above, a construction contract for the project, approved and
executed by the project sponsor and project contractor, must be submitted to the
District.
(d) Applications for eligible waterway projects which include construction
elements below mean high water will be submitted as a phased project where
Phase I will include the design, engineering and permitting elements and Phase II
will include the construction of the project. A description and cost estimate of the
Phase II work will be submitted along with the Phase I application for Board
review. Applicants for Phase II funding will demonstrate that the environmental
permitting element of Phase I will be completed prior to the tentative approval
date of funding for Phase II. Should the environmental permitting element of
Phase I of an application for a construction project not be completed by the
District's meeting where tentative funding decisions for this program will be made,
the Phase II project will not be considered for funding. An applicant may file a
petition pursuant to the rule waiver procedures of s. 120.542, F.S., and Chapter 28-
104, F.A.C., to extend the date for receipt of the required environmental permits.
Petitions filed pursuant to this rule section should be submitted to the District no
later than July 1st to facilitate the orderly process of this program and the
preparation of the District's fiscal year budget in which the assistance funds will be
included. The District will not deviate from the funding schedule, whereby
funding decisions are completed at the final TRIM hearing, to accommodate any
applicant filing a petition after that date.
(2) The Board will make all final decisions on the eligibility of a Project or
specific project costs.
x;13- 863
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Specific Authority 374.976(2) FS. Law Implemented 374.976(1) — (3) FS. History — New 12-17-90,
Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31.
99.
66B-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, FIND Form No. 90-23 (effective date 12-
17-90) hereby incorporated by reference and available from the District office,
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,+
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. 66B-2.013.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(6) The project manager will review the project completion package and will
authorize or reject the final reimbursement payment, which will include all
retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly
16T-2.009.
66B-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. Project agreements will be for a
two-year period with the possibility for one, one-year extension.
(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 and shall be in compliance with these
rules.
(3) All project agreement amendments shall be approved by the District board
except that the executive director may approve a minor project agreement
amendment for a project within a county with the local District commissioner's
concurrence. A minor project amendment shall not change the approved project's
03- 863
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category nor result in a reallocation of more than 35% of the approved funding of
the project among project elements.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Amended
9-5-96, Formerly 16T-2.010.
66B-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, FIND Form No. 90-24 (effective date 6-24-93) 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
cancelled payment vouchers for expenditures made.
(2) The District shall retain ten per cent 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.
(4) In accordance with these rules, reimbursement can not be made on a Phase I
application until a construction contract is executed by the applicant for the
construction phase of the project. If the Phase I project is completed but a
construction contract is not executed by the three (3) year project deadline, then
the District shall only allow one (1) year from the Phase I project deadline to enter
into the required construction contract before the Phase I funding is cancelled.
Specific Authority 374.976(2) FS. Law Implemented 374.976(l) FS. History — New 12-17-90, Amended
6-24-93, Formerly 16T-2.011, Amended 3-31-99.
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66B-2.412 — Accountability.
The following procedures shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an accounting system that
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 FIND
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. 66B-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, FIND, 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) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly
16T-2.012.
03- $33
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66B-2.013 — Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, in a
prominent location at the completed project, which indicates the District's
participation in the project. This sign shall contain the FIND 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) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly
16T-2.013.
im - 863
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FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECTTITLE: Watson Island Public Boat Ramp Replacement Project - Phase II
APPLICANT: City of Miami - Department of Real Estate & Economic Development
Project Elements Quantity Estimated Applicant's FIND
(Number and/or Cost Cost Cost
Footage)
1 CONSTRUCTION L.S.
$10,000
$5,000
$5,000
MOBILIZATION
2 DEMOLITION/SITE 3370 S.Y.
$17,000
$8,500
$8,500
PREPARATION
3 NEW ASPHALT 8025 S.Y.
$130,000
$55,630
$74,370
PARKING/STRIPING
4 PARKING LOT DRAINAGE 8025 S.Y.
$50,000
$22,000
$28,000
5 METAL GATES AT 2
$8,500
$4,000
$4,500
DRIVEWAY ENTRANCES
6 PARKING LOT L.S.
$40,000
$30,000
$10,000
LANDSCAPING •
7 UNDERGROUND CONDUIT & L.S.
$5,370
$2,370
$3,000
SLEEVES FOR FUTURE SITE
LIGHTING
8 ENGINEERING DESIGN
$20,870
$4,240
$16,630
FEES (8%)
9 BIDDING/ADVERTISING/
$2,500
$2,500
$0
REPRODUCTION FEES (1%)
'0 PERMITS/MISC. FEES/
$5,200
$5,200
$0
COSTS (2%)
1 CONSTRUCTION INSPECTIONS
$10,560
$10,560
$0
AND PROJECT MANAGEMENT
(4%)
TOTALS
$300,000
$150,000
$150,000
PARKING LOT LANDSCAPING ESTIMATED COSTS REFLECT CODE REQUIRED
LANDSCAPING ONLY. PRELIMINARY
MASTER PLAN LANDSCAPING SHOWN ON SHEET 4 OF THE DRAWINGS EXCEEDS CODE REQUIRED LANDSCAPING.
Form No. 90-25 (New 10/14/92)
863
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EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor: City of Miami
Project Title: Watson Island Public Boat Ramp Project #: DA - MI - 00 - 59
Replacement Project - Phase II
I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has
the required matching funds for the accomplishment of the referenced project in accordance
with the Waterways Assistance Program Project Agreement between the Florida Inland
Navigation District and the Sponsor, dated October 2000.
Project Liaison Name: Carlos A. Gimenez,G"y Manager
Project Liaison Signature:
Date:- wic/oc-)
FIND Form No. 95-01
New 919/95
NOTARY SEAL
Rods "'ff*
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03- 863
,
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME:
PROJECT SPONSOR:
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
PROJECT NO.:
BILLING NO.:
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
FIND - Form No. 90-24
Rev. 913192
03- 863
FIND - Form No. 90-24
Page Two
,
EXHIBIT D CONTINUED
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
FIND - Form No. 90-24
Rev. 9/3/92
Date
03- 863
Sponsor:
Project Title:
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Project Completion Certification
Project 1#:
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
20 , and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90-13
Rev. 9/3/92 03— 863
EXHIBIT F
WATERWAYS ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
Oct 1 -DEC 15
lReportDue: (Dec 31)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
REPORT PERIOD
Dec 15 -Mar 1 Mar 1 -June 15 June 15 -Sep 1
(March 15) (June 31) (Sep 15)
03- 863
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2000 - Project Agreement Executed, Project Initiates.
DECEMBER 31, 2000 - First Quarterly Report Due.
MARCH 15, 2001 - Second Quarterly Report Due.
JUNE 30,2001 - Third Quarterly Report Due.
SEPTEMBER 15, 2001 - Fourth Quarterly Report Due.
DECEMBER 29, 2001 -
MARCH 15, 2002 -
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
NNE 299 2002 - Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out paperwork submitted by
September ls`, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 3, 2002 - Closeout paperwork due.
September 28, 2002 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. Appropriate timing for modifications to the project cost
estimate, Exhibit C, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the
project agreement.
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�t.ANTjr
0
PROJECT AGREEMENT AMENDMENT
In consideration of the continuing mutual promises and covenants 'cont,?inmd ' that
�7
certain PROJECT AGREEMENT No. Watson Island Boat Rampllac�et, Project
#DA -MI -00-59 between the FLORIDA INLAND NAVIGATION DISTRICT'( Ai
and City of Miami hereafter known as the PROJECT SPONSOR. The parties hereby
agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the
following be substituted therefore:
2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT
Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 2003. Pursuant to law, the
PROJECT period cannot extend beyond three (3) years from October 1, 2000 and
therefore this PROJECT must be completed by September 30, 2003, unless the
completion of the PROJECT has been delayed by a declared natural disaster and the
F.I.N.D. Board authorizes an extension of the completion date based upon this delay.
In WITNESS7LEREOF, the parties have hereunto set their hands and seals
thisZ of t a ft4— , 200 Z—
Attest: F.I.N.D.
- hoc
PROJECT ADMINISTRATOR
Attest: PROJECT SPONSOR
CONTRACT ADMINISTRATOR
03- 863
Exhibit G
Terms and Conditions of Financing
1. Pursuant to the FIND Agreement Amendment executed as of September 9, 2002, the time
to complete the project and submit all reimbursement information was extended to
September 1, 2003.
2. The funds are being made available from the FDEP Agreement are subject to the terms
and conditions that are contained in the FDEP Agreement, and any amendment thereto.
Project Costs must be incurred and work performed within the Project period, which is
_November 3, 2000 , thirty-six months after the execution of the FDEP
Agreement unless the period is extended by FDEP.
3. The funds are being made available from the FIND Agreement are subject to the terms
and conditions that are contained in the FIND Agreement, and any amendment thereto.
Project Costs must be incurred and work performed within the Project period (as defined
in the FIND Agreement), which is September 1, 2003, unless the period is extended by
FIND.
4. The City shall pay DOSP on a reimbursement basis only, and only for those authorized
Project Costs, as identified in approved pursuant to the FIND or FDEP Agreements
respectively. In order for the City to be eligible for reimbursement under the Grant
Agreements, such Project Costs must be necessary and reasonable for the effective and
efficient accomplishment of the Project and must be directly allocable thereto.
5. REIMBURSEMENT PROCEDURES: DOSP shall submit its expenditures to the
Department of Economic Development on a form created by that department. DOSP will
further submit a payment requisition signed and approved by the contractor, the Architect
and DOSP to the City for payment. Payment requisitions shall comply with all
requirements for disbursement as contained in the Grant Agreements and as may be
required by the City. Such requirements include, but are not limited to, a statement of the
following: total project cost to date, change orders to date, the schedule of values
contained within the construction budget, change orders to date, the amount of the
payment request, the schedule of values contained in the construction budget, allocation
of the work covered by the requisition among the schedule of values, and balance to
complete the construction of the Parking Facilities. The requisition for payment shall be
accompanied by (i) lien waivers or releases from any party with a right to file a lien
against the improvements to the extent the claim was covered by a previous requisition,
together with such other lien waivers, releases, or evidence of payment as the City may
require; and (ii) written certification from the Architect that the information contained in
the requisition for payment is accurate, and that the work covered by the requisition was
completed in accordance with the approved plans; and (iii) such other documentation as
03- 863
may be reasonably required by the City. Upon approval of the requisition by the City, the
City shall remit the funds to DOSP and thereafter seek reimbursement from FDEP.
6. NONCOMPLIANCE — The City shall have the right to reimbursement, either in whole or
part as it, as it may determine, of the funds provided hereunder for noncompliance by City
or DOSP with any of the terms of the Grant Agreements. Upon notification from the
City, DOSP shall reimburse such funds directly to the City. The provisions of this
paragraph shall survive completion of construction of the Parking Facilities.
7. DOSP's LIAISON — DOSP shall appoint a liaison, whose name and title shall be
submitted to the City upon execution of the Amendment, to act on behalf of DOSP
relative to the provisions of this Agreement.
8. STATUS REPORTS — DOSP's Liaison shall submit to the City Project status reports
during the construction of the Parking Facilities _ten (10_J days prior to the
date that the City is required to submit the reports pursuant to the Grant Agreements. The
reports are to be on the forms provided by the City's Department of Economic
Development. 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. Non-compliance by DOSP
with the reporting requirements may result in termination of this Agreement.
9. PROJECT MAINTENANCE —DOSP agrees to operate, maintain, and manage the
Parking Facilities for the term of this Agreement and will pay all expenses required for
such purposes. The Project shall be maintained in accordance with the standards of
maintenance for other local facilities and in accordance with applicable health standards.
The Parking Facilities shall be kept reasonably safe and in reasonable repair to prevent
undue deterioration and to encourage public use. DOSP warrants and represents that it
has full legal authority and financial ability to operate and maintain the Project during the
term of the Agreement.
10. The City shall have the right to withhold any payment hereunder, either in whole or part,
for non-compliance with the terms of this Agreement.
11. Payment shall be made within six 60 days after the City's Department of Economic
Development receipt of DOSP's invoice, which shall be accompanied by sufficient
supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed.
2
Amended and Restated Watson Island Parking Operation Agreement
03" 863
Exhibit H
FDEP GRANT
03- 863
12-00461
(LWCF Project Number)
LW461
DEP Contract Number
CFDA Number: 15-916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2001-2002
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is
3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter called the "Department"), and the CITY OF MIAMI,
whose address is 444 SW 2nd Avenue, 3rd Floor, Miami, Florida
33130 (hereinafter called the "Grantee"), a local government, in
furtherance of the Watson Island Baywalk project, an approved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of
passing through the agency as grants to other entities in
accordance with Section 375.021(4), Florida Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes
the Department to receive grants for outdoor recreation and
conservation; and,
WHEREAS, the Grantee has submitted Project Application
number 274, which has been approved by the Department.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the Department and Grantee do hereby agree as
follows:
1. This Project Agreement shall be effective upon execution of
this Project Agreement and end no later than 36 months from
execution of the Project Agreement, inclusive. The Project
Agreement shall be performed in accordance with Chapter
62D-5, Part VII, Florida Administrative Code, (hereinafter
called the Rule), the Land and Water Conservation Fund
(LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as
amended, (hereinafter called the Program), and in
accordance with general provisions for such agreements
prescribed by the United States Department of the Interior
(hereinafter called the USDOI) in the LWCF Grants -in -Aid
Manual, (hereinafter called the Manual). The Grantee agrees
DEP Agreement No. LW461
Page 1 of 14
03- 863
to become familiar with all provisions and comply with the
Rule, effe ive July 15, 2001, and Manual, which are
incorporated into this Project Agreement by reference, as
if fully set forth herein. In the event a dispute should
arise between the parties concerning the intent of any
language herein contained, the same shall be resolved by
the adoption of that meaning which furthers the intent and
purpose of the above referenced Acts of Congress and the
general provisions governing this Project Agreement as set
forth in the Manual. No construction shall be contrary to
the requirements of the Acts of Congress or of the
regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is
the primary purpose of the project known as Watson Island
Baywalk (Land and Water Conservation Fund, LWCF Project
Number 12-00461), hereinafter called the Project, and
enters into this Project Agreement with the Grantee for the
development of that real property, the legal description of
which shall be submitted to the Department as described in
the Land and Water Conservation Fund Program Approved
Project Documentation Form, DEP Form FPS -A048. The Approved
Project Application, which includes the Project Elements
(description of project, detailed budget, and anticipated
deliverables), is incorporated into this Project Agreement
by reference as if fully set forth herein. Any revisions
to the Project Elements as set forth in the Approved
Project Application must be formally requested by the
Grantee and, if agreed upon by the Department, the
modifications will be reduced to writing in an amendment to
this Agreement.
3. The Grantee shall construct, or cause to be constructed,
specified public outdoor recreation facilities and
improvements consisting of the following Project Elements
which may be modified by the Department if Grantee shows
good cause: walking trail, restroom, lighting, landscaping
and other related support facilities.
4. The Project Elements identified in Paragraph 3 herein shall
be designed and constructed substantially in accordance
with the conceptual site development plan contained in the
Project Application. Project Site facilities shall be
attractive for public use, and generally consistent and
compatible with the environment. Plans and specifications
for Project Site improvements and facilities shall be in
accord with current and established engineering and
architectural standards and practices. Emphasis should be
given to the health and safety of users, accessibility to
the general public, and the protection of the recreational
DEP Agreement No. LW461 Page 2 of 14
03- 863
and natural -alues of the area. This to development plan
may be alte-ed by the Grantee, only atter approval by the
Department. Any and all utility lines installed within the
park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and
architectural) prepared by a registered architect or
engineer licensed in accordance with the laws of the State
of Florida.
5. A. The Department shall pay the Grantee on a
reimbursement basis the eligible Grant amount not to
exceed $200,000.00, which will pay said federal
Program's share of the cost of the Project. Program
funding limits are based upon the following:
Total Department Program Amount $200,000.00
Grantee Match Amount $200,000.00
Total Project Cost $400,000.00
Type of Match [Cash and/or in-kind Services]
B. Within sixty (60) days after receipt of the request,
the Department's Grant Manager shall review the
completion documentation and payment request from the
Grantee for the Project. If the documentation is
sufficient and meets the requirements of the Land and
Water Conservation Fund Program Completion
Documentation Form, DEP Form FPS -A051, referenced in
s. 62D -5.073(7)(e)2, the Department will approve the
request for payment.
6. In addition to the invoicing requirements contained in
paragraph 5 above, the Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement
pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information
when requested must be provided within 30 calendar days of
such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due
under this Agreement shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
State guidelines for allowable costs can be found in the
State Comptroller's Voucher Processing Handbook at
http: //www.dbf. state. f l.us/aadir/tochandbk.html and allowable
costs for federal programs can be found under 48 CFR Part
31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html
DEP Agreement No. LW461 Page 3 of 14
03- 863
and OMB Circulars A-87, A-122, A-21, at
http://www. tehouse.gov/omb/circulars/i Aex.html#numerical.
7. Reimbursement for travel expenses is not authorized under this
Project Agreement.
8. The Grantee agrees to comply with the Division of Recreation
and Parks' Grant and Contract Accountability Procedure,
hereinafter called the Procedure and incorporated into this
Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of
the Project shall be secured in accordance with the
Grantee's adopted procurement procedures. Expenses
representing the Project costs, including the required
matching contribution, shall be reported to the Department
and summarized on certification forms provided in the
Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed
under the Project. The parties further agree that the
principles for determining the eligible costs, supporting
documentation and minimum reporting requirements of the
Procedure shall be used.
9. Allowable indirect costs as defined in the Procedure shall
not exceed 15% of the Grantee's eligible salaries/wages.
Indirect costs that exceed 15% must be approved in advance
in writing by the Department to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement
Expenses (as defined in s. 62D-5.069(31) of the Rule)
incurred by Grantee prior to execution of this Project
Agreement as set forth in s.62D-5.073(2)(a) of the Rule.
The Department and the Grantee fully understand and agree
that there shall be no reimbursement of Project funds by
the Department for any expenditure made prior to the
execution of this Project Agreement with the exception of
the following expenditures which meet the requirements of
the foregoing sections of the Rule.
Preagreement Costs Approved: None
11. Prior to commencement of Project development, the Grantee
shall submit the documentation required by the Land and
Water Conservation Fund Program Development Project
Commencement Documentation Form, DEP Form FPS -A050,
referenced in s. 62D -5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation
complies with the Rule, the Department will give written
notice to Grantee to commence the development and approve
DEP Agreement No. LW461 Page 4 of 14
03- 863
the reques', for payment.
Therefore, the Grantee shall formally acknowledge receipt
of the following documents after execution of this Project
Agreement. It is understood that the documents listed below
must be filled out by the Grantee and returned to the
Department after execution of this Project Agreement.
Required Project Commencement Documentation for Development
Agreements:
A) Boundary Survey
B) Title Search
C) Certification of Manual Possession
D) Site Plan (2 copies)
E) List of Facilities and Improvements for
Construction with Related Costs
F) Permitting Certification
G) Division of Recreation and Parks' Grant and
Contract Accountability Procedures.
12. The Grantee shall obtain all required local, state and
federal permits and approvals prior to commencement of
Project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, DEP Form FPS -A052, referenced in s. 62D-
5.073 (7) (e) (1) of the Rule.
13. The Grantee shall complete all Project construction by the
completion date of
14. Project completion means the Project is open and available
for use by the public. The Project must be completed prior
to release of final reimbursement.
15. The Grantee shall maintain books, records and document
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles
consistently applied. The Department, the State, or their
authorized representatives shall have access to such
records for audit purposes during the term of this
Agreement and for five years following Agreement
completion. In the event any work is subcontracted, the
Grantee shall similaly require wach subcontractor to
maintain and allow access to such records for audit
purposes.
16. In addition to the provisions contained in Paragraph 15
above, the Grantee shall comply with the applicable
provisions contained in Attachment A. A revised copy of
DEP Agreement No. LW461 Page 5 of 14 03— 863
Attachment A, Exhibit -1, must be prov4ded to the Grantee.
with each a ndment which authorizes G Funding increase or
decrease. The revised Exhibit -1 shall summarize the
funding sources supporting the Project Agreement for
purposes of assisting the Grantee in complying with the
requirements of Attachment A. If the Grantee fails to
receive a revised copy of Attachment A, Exhibit -1, the
Grantee shall notify the Department's Grant Manager at
850/488-7896 to request a copy of the updated information.
17. Following receipt of an audit report identifying any
reimbursement due the Department for the Grantee's
noncompliance with this Project Agreement, the Grantee will
be allowed a maximum of thirty (30) days to submit
additional pertinent documentation to offset the amount
identified as being due to the Department. The Department,
following a review of the documentation submitted by the
Grantee, will inform the Grantee of any reimbursement due
the Department.
18. The Grantee, as an independent contractor and not an agent,
representative, or employee of the Department, agrees to
carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except
as specifically provided in this Project Agreement.
19. To the extent required by law, the Grantee will be
self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance
for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the Grantee
shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance
program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is
not protected under Florida Workers' Compensation law, the
Grantee shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Department,
for the protection of those employees not otherwise
protected.
20. The purchase of non -expendable equipment is not authorized
under the terms of this Agreement.
21. The Department's Grant Manager for the purpose of this
Project Agreement shall be responsible for ensuring
performance of its terms and conditions and shall approve
DEP Agreement No. LW461 Page 6 of 14
"J3- 863
all reimbursement requests prior to payment. The Grantee's
Liaison Ag : (also known as Grantee Grant Manager), as
identified in the Project Application, or successor, shall
act on behalf of the Grantee relative to the provisions of
this Project Agreement. The Grantee's Liaison Agent, shall
submit to the Department signed Project status reports
every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which may be requested by the Department.
Photographs to reflect the construction work accomplished
shall be submitted when the Department requests them. Any
and all notices shall be deemed effective and sufficient if
sent via U.S. mail, facsimile (fax), or by hand -delivery to
the parties at the following addresses:
Grantee's Liaison Agent
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, FL, 33130
Suncom Phone:
Fax: 305/416-2156
Email: kcarswell@ci.miami.fl.us
Mr. Keith A. Carswell, Director
Phone: (305)416-1411
Department's Grant Manager
Collier Clark
Department of Environmental Protection
3900 Commonwealth Boulevard, MS 585
Tallahassee, Florida 32399-3000
Phone: (850) 488-7896
Suncom Phone: 278-7896
Fax: (850) 488-3665
Suncom Fax: 278-3665
Email: collier.clark@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a
permanent information sign on the Project site which
credits Project funding or a portion thereof, from the Land
and Water Conservation Fund Program through the USDOI and
the Department.
23. The Department and USDOI have the right to inspect the
Project and any and all records related thereto at any
reasonable time.
24. This Agreement may be unilaterally canceled by the
Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material
made or received by the Grantee in conjunction with this
DEP Agreement No. LW461 Page 7 of 14
03- 863
s
Agreement, unless the records are exempt. from Section 24(a)
of Article I of the State Consti ition and Section
119.07(1), Florida Statutes.
25. Prior to the closing of the Project the Department shall
have the right to demand a refund, either in whole or in
part, of the LWCF funds provided to the Grantee for non-
compliance with the material terms of this Project
Agreement. The Grantee, upon such written notification from
the Department, shall refund, and shall forthwith pay to
the Department, the amount of money demanded by the
Department. Interest on any refund shall begin the date
that the Grantee was informed that a refund was required
until the total refund and interest is paid to the
Department.
26. If the United States, acting through the USDOI, the
Secretary of the Interior, or any other branch of the
government of the United States, acting within the scope of
its lawful authority, should for any reason demand a refund
from the Department, in whole or in part, of the funds
provided to the Grantee under the terms of this Project
Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith
repay directly to the Department the amount of money
demanded.
27. The Grantee shall comply with all federal, state and local
laws, rules, regulations and ordinances in developing this
Project. The Grantee acknowledges that this requirement
includes compliance with all federal, state and local
health and safety rules and regulations including all
applicable building codes. The Grantee further agrees to
ensure that the Grantee's contract will include the
requirements of this paragraph in all subcontracts made to
perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of
said Project facilities or improvements shall comply with
all applicable laws and the Manual. Following completion
of Project construction, the Grantee's Liaison Agent shall
provide the Department with a statement certifying that all
purchases or contracts for construction were competitively
bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall
conform to the Florida Department of Transportation's
specifications for road and bridge construction. Bid
specifications, contracts and/or purchase orders of the
DEP Agreement No. LW461
Page 8 of 14
03- 863
Grantee must specify thickness of asph=lt and square yards
to be paved
30. By acceptance of the provisions of this Project Agreement,
the Grantee does hereby agree to dedicate the Project Site
and all land within the Project boundaries, identified in
Paragraph 2 herein, in perpetuity as an outdoor recreation
site for the use and benefit of the public, as stated in s.
62D-5.074(1) of the Rule. Execution of this Project
Agreement by the Department shall constitute an acceptance
of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has
sufficient site control to enable this dedication. All
dedications must be promptly recorded in the county's
official public records by the Grantee.
31. The Grantee agrees to operate and maintain the Project site
as stated in s. 62D-5.074(2) of the Rule. The Project
site, Project -related facilities, and any future outdoor
recreation facilities developed on the Project site shall
be open to the general public for outdoor recreation use,
maintained in accordance with applicable health and safety
standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee
covenants that it has full legal authority and financial
ability to develop, operate and maintain said Project -
related facilities and improvements as specified within the
terms of this Project Agreement. The Grantee shall obtain
Department approval prior to any and all current or future
development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any
portion of the park for any purpose other than public
outdoor recreation without prior approval of the USDOI and
the Department pursuant to Section 6(f)(3) of the LWCF Act
and the Manual and s. 62D-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the
terms and conditions of this Agreement will result in
cancellation of the Project Agreement by the Department.
The Department shall give the Grantee in violation of the
Rule or this Project Agreement a notice in writing of the
particular violations stating a reasonable time to comply.
34. In the event of conflict in the provisions of the Rule, the
Project Agreement and the Project Application, the
provisions of the Rule shall control over this Project
DEP Agreement No. LW461
Page 9 of 14
03- 863
Agreement and this Project Agreement shall control over the
Project App: ration documents.
35. If the Department determines that site control is not
sufficient under the Rule or has been compromised, the
Department shall give the applicant a notice in writing and
a reasonable time to comply. If the deficiency cannot be
reasonably corrected within the time specified in the
notice, the Department shall cancel this Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made
available contingent upon an annual appropriation to each
State by Congress. The State of Florida's performance and
obligation to pay under this Agreement is contingent upon
an annual appropriation of spending authority by the
Florida Legislature. The parties hereto understand that
this Agreement is not a commitment of future
appropriations.
37. A. The Grantee certifies that no Federal appropriated
funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to
any person for influencing or attempting to influence
an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any
Federal contract, grant, or cooperative agreement. If
any non -Federal funds are used for lobbying activities
as described above, the Grantee shall submit
Attachment B, Standard Form -LLL, "Disclosure of
Lobbying Activities" (attached hereto and made a part
hereof), and shall file quarterly updates of any
material changes. The Grantee shall require the
language of this certification to be included in all
subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes,
the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying
the Legislature, the judicial branch or a state
agency.
38. A. No person on the grounds of race, creed, color,
national origin, age, sex, marital status or
disability, shall be excluded from participation in;
be denied the proceeds or benefits of; or be otherwise
DEP Agreement No. LW461
Page 10 of 14
oa- 863
subjected to discrimination in performance of this
Projec .agreement.
B. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public
entity, may not submit a bid on a contract with a
public entity for the construction or repair of a
public building or public work, may not submit bids on
leases of real property to a public entity, may not
award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any
public entity, and may not transact business with any
public entity. The Florida Department of Management
Services is responsible for maintaining the
discriminatory vendor list and intends to post the
list on its website. Questions regarding the
discriminatory vendor list may be directed to the
Florida Department of Management Services, Office of
Supplier Diversity at (850)487-0915.
39. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees and
agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the
provisions of s. 768.28, Florida Statutes, and other
statutes that provide immunity to the Department or the
State.
40. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any
public entity in excess of the threshold amount provided in
s. 287.017, Florida Statutes, or Category Two, for a period
of 36 months from the date of being placed on the convicted
vendor list.
41. A. In accordance with Executive Order 12549, Debarment
and Suspension (43 CFR Part 12.100-.510), the Grantee
shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any
federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person
who is similarly debarred or suspended from
DEP Agreement No. LW461
Page 11 of 14
03- 863
participating in this covered transaction, unless
author. �d in writing by USDOI to .e Department.
B. Upon execution of this Agreement by the Grantee, the
Grantee shall complete, sign and return a copy of the
form entitled "Certification Regarding Debarments,
Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached
hereto and made a part hereof as Attachment C.
C. As required by paragraphs A and B above, the Grantee
shall include the language of this section, and
Attachment C in all subcontracts or lower tier
agreements executed to support the Grantee's work
under this Agreement.
42. This Project Agreement has been delivered in the State of
Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this
Project Agreement shall be interpreted in such manner as to
be effective and valid under applicable law, but if any
provision of this Project Agreement shall be prohibited or
invalid under applicable Florida law, such provision shall
be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Project
Agreement. Any action hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
by applicable law.
43. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Project Agreement, shall impair any such
right, power or remedy of either party; nor shall such
delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default
thereafter.
44. This Project Agreement is not intended nor shall it be
construed as granting any rights, privileges or interest in
any third party without mutual written agreement of the
parties hereto.
45. This Project Agreement is an exclusive contract and may not
be assigned in whole or in part without the prior written
approval of the Department.
46. This Project Agreement represents the entire agreement of
the parties. Any alterations, variations, changes,
DEP Agreement No. LW461 Page 12 of 14
i�3- 863
modifications or waivers of
Agreement s 11 only be valid
to writing, duly executed by
and attached to the original of
provisions of this Project
when th have been reduced
each of the parties hereto,
this Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW461
Page 13 of 14
')3- 863
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be d _y executed, the day and y r last written
below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
Division Director
Division of Recreation and Parks
and State Liaison Officer
(Or Designee)
Date:
ATTEST:
Priscilla Thompson
City Clerk
Address:
Bureau of Design and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallah e,Fl�orida 32399-3000
sse�%
( �—�-
DEP Grant Manager
Approved as to Form and Legality
for use for one year by Suzanne
Assistant General Counsel, on
February 19, 2003.
Attachments:
CITY OF MIAMI
By:
Person Authorized to Sign
Joe Arriola
Printed Name
City Manager
Title
Date:
Address: 4-'.,4)'Pan American Drive,
Miami, FL 33113
Approved as to Insurance Requirements:
!u.
Diane Ericson, Director, Risk Management
and Correctness:
Vilarello, City Attorney
Grantee Attorney
Attachment A - Special Audit Requirements (5 pages)
Attachment B - Disclosure of Lobbying Activities (2 pages)
Attachment C - Certification Regarding Debarment/Suspension (2 pages)
FPS -A046
Revised 01/03
DEP Agreement No. LW461 Page 14 of 14
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ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htip:Haspe.os.dhhs.gov/cfda.
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DEP Agreement No. LW461, Attachment A, Page I of 5
DEP 55-215 (01/02) 03-
863
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hgp:Hsun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at hqp://www.eog.state.fl.us/ for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.leg.state.fl.us/, Governor's Website http://www.f1gov.com/, Department of Banking
and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website
h!ip://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LW461, Attachment A, Page 2 of 5
DEP 55-215 (01/02)
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B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
DEP Agreement No. LW461, Attachment A, Page 3 of 5
DEP 55-215 (01/02)
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DART V: RECORD RETEN MON
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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DEP Agreement No. LW461, Attachment A, Page 4 of 5
DEP 55-215 (01/02)
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EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Followinne
F
ederal
Program CFDA
Number Federal A en Number CFDA Title
12-00461 U.S. Department of 15-916 Land and Water Conservation Fund
TM—;—
$200,000.00
State
Appropriation
Category
140001-03
,)tate Kesources Awarded to the Reci ient Pursuant to this A reement Consist of the Followin Resources Subject to Section 215.97
Catalog of
F.S.:
State
State State
Financial
Assistance
CSFA Title
State
Program Funding Source Fiscal Year
Number
Number
or
Funding Source Description
Funding Amount Appropriation Category
V
W
Total Award
200 000.00 a
1
For each program identified above, the recipient shall comply
[htto://aspe os dhhs gov/cfda] and/or the Florida Catalog of State Financial
with the program
Assistance (CSFA)
requirements described in the Catalog
[http://sun6.dms.staLe.fl.us/fsaatcatalog.htm].
of Federal Domestic Assistance (CFDA)
Qp
funds are to be used are included in the Contract scope
of services/work.
The services/purposes for which the
Any match
required by the recipient
is clearly indicated in the Contract.
C+V
DEP Agreement No. LW461, Attachment A, Page 5 of 5
DEP 55-215 (01/02)
Approvedby OMB
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
F1
11
R
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. material change
c. cooperative agreement
b. initial award
d. loan
c. post -award
For Material Change Only:
e. loan guarantee
f. loan insurance
year quarter
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
❑ Prime ❑ Subawardee
and Address of Prime:
Tier , if known:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(if individual, last name, first name, M1):
different from No. 10a)
(last name, first name, M1):
(attach Continuation Sheet(s)
SF-LLLA, if necessary)
11. Information requested through this form is authorized by title 31 U.S.C.
Signature:
section 1352. This disclosure of lobbying activities is a material
Print Nam:
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to Congress
Title:
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not
Telephone No.: Date-
less than $10,000 and not more than $100,000 for each such failure.
Federal Use only:
Authorized for Local Reproduction
Standard Form — LLL (Rev 7 — 97)
Form DEP 55-221 (01/01)
DEP Agreement No. LW462, Attachment B, Page 1 of 2
003- 863
} INSTRUCTIONS FOR %-JMPLETION OF SF -LLL, DISCLOSURE Or' LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization riling the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., `IRFP-DE-90-001: '
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D C 20503
Form DEP 55-221 (01/01)
DEP Agreement No. LW462, Attachment B, Page 2 of 2 10 Iq
11 "
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW462
1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this day of 20
Authorized Signature/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
Form DEP 55-220 (01/01)
Page 1 of 2
DEP Agreement No. LW462, Attachment C, Page 1 of 2
03- 863
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01) Page 2 of 2
DEP Agreement No. LW462, Attachment C, Page 2 of 2
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Exhibit G
Terms and Conditions of Financing
1. Pursuant to the FIND Agreement Amendment executed as of September 9, 2002, the time
to complete the project and submit all reimbursement information was extended to
September 1, 2003.
2. The funds are being made available from the FIND Agreement are subject to the terms
and conditions that are contained in the FIND Agreement, and any amendment thereto.
Project Costs must be incurred and work performed within the Project period (as defined
in the FIND Agreement), which is September 1, 2003, unless the period is extended by
FIND.
3. The City shall pay DOSP on a reimbursement basis only, and only for those authorized
Project Costs, as identified in approved pursuant to the FIND. In order for the City to be
eligible for reimbursement under the FIND Grant Agreement, such Project Costs must be
necessary and reasonable for the effective and efficient accomplishment of the Project
and must be directly allocable thereto.
4. REIMBURSEMENT PROCEDURES: DOSP shall submit its expenditures to the
Department of Economic Development on a form created by that department. DOSP will
further submit a payment requisition signed and approved by the contractor, the Architect
and DOSP to the City for payment. Payment requisitions shall comply with all
requirements for disbursement as contained in the FIND Grant Agreement and as may be
required by the City. Such requirements include, but are not limited to, a statement of the
following: total project cost to date, change orders to date, the schedule of values
contained within the construction budget, change orders to date, the amount of the
payment request, the schedule of values contained in the construction budget, allocation
of the work covered by the requisition among the schedule of values, and balance to
complete the construction of the Parking Facilities. The requisition for payment shall be
accompanied by (i) lien waivers or releases from any party with a right to file a lien
against the improvements to the extent the claim was covered by a previous requisition,
together with such other lien waivers, releases, or evidence of payment as the City may
require; and (ii) written certification from the Architect that the information contained in
the requisition for payment is accurate, and that the work covered by the requisition was
completed in accordance with the approved plans; and (iii) such other documentation as
may be reasonably required by the City. Upon approval of the requisition by the City,
the City shall remit the funds to DOSP and thereafter seek reimbursement from FIND.
5. NONCOMPLIANCE — The City shall have the right to reimbursement, either in whole or
part as it, as it may determine, of the funds provided hereunder for noncompliance by
City or DOSP with any of the terms of the FIND Grant Agreement. Upon notification
from the City, DOSP shall reimburse such funds directly to the City. The provisions of
this paragraph shall survive completion of construction of the Parking Facilities.
03— sea
6. DOSP's LIAISON — DOSP shall appoint a liaison, whose name and title shall be
submitted to the City upon execution of the Amendment, to act on behalf of DOSP
relative to the provisions of this Agreement.
7. STATUS REPORTS — DOSP's Liaison shall submit to the City Project status reports
during the construction of the Parking Facilities _ten (10__) days prior to the
date that the City is required to submit the reports pursuant to the FIND Grant
Agreement. The reports are to be on the forms provided by the City's Department of
Economic Development. 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. Non-
compliance by DOSP with the reporting requirements may result in termination of this
Agreement.
8. PROJECT MAINTENANCE —DOSP agrees to operate, maintain, and manage the
Parking Facilities for the term of this Agreement and will pay all expenses required for
such purposes. The Project shall be maintained in accordance with the standards of
maintenance for other local facilities and in accordance with applicable health standards.
The Parking Facilities shall be kept reasonably safe and in reasonable repair to prevent
undue deterioration and to encourage public use. DOSP warrants and represents that it
has full legal authority and financial ability to operate and maintain the Project during the
term of the Agreement.
9. The City shall have the right to withhold any payment hereunder, either in whole or part,
for non-compliance with the terms of this Agreement.
10. Payment shall be made within six 60 days after the City's Department of Economic
Development receipt of DOSP's invoice, which shall be accompanied by sufficient
supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed.
2
Amended and Restated Watson Island Parking Operation Agreement
03- 863
CITY OF MIAMI, FLORIDA 25
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM: Joe Arriola
Chief Administrator
RECOMMENDATION:
DATE: FILE:
J�I� 16 203
SUBJECT: Amendment to Management Agreement
With Department of Off -Street Parking
REFERENCES:
ENCLOSURES:
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to execute an amendment, in substantially the attached form, to the
agreement with the Department of Offstreet Parking ("DOSP"), dated August 8, 2002, to provide
for: (a) the use by DOSP of grant .funds received by the City in the total amount of $220,000 for
the design and construction of the boat ramp parking and ancillary facilities to be located on
Watson Island, subject to DOSP's compliance with certain terms and conditions related to the
use of said grant funds; and (b) authorization for DOSP, at its sole cost, to design, construct and
operate interim parking facilities at locations to be approved by the City Manager for use by the
Miami Children's Museum and overflow parking for Parrot Jungle Island, said authorization to
expire upon completion of construction of the parking facilities on the south side of Watson
Island.
BACKGROUND:
The City entered into an agreement with the Department of Offstreet Parking, dated August 8,
2002, for the design, construction, financing, operation, maintenance and management of two
parking facilities on Watson Island. One parking facility would be in the boat ramp area and the
other would be located on the south side , of the island, which parking facility would
accommodate the parking for the Miami Children's Museum, Aviation and Visitors Center and
overflow parking for Parrot Jungle Island.
The City has subsequently received $150,000 in grant funds from Florida Inland Navigation
District (FIND) for Watson Island Boat Ramp Replacement and $200,000 from Florida
Department of Environmental Protection, Land and Water Conservation Fund Program, $70,000
of which will be used for construction of restrooms and related facilities in the boat ramp area.
This amendment will provide for DOSPs use of the grant funds, subject to their compliance with
certain terms and conditions related to the use of the grant funds.
Additionally, DOSP has recently had to redesign the south side parking facilities due to a conflict
with new water and sewer utility easements. This redesign will cause a delay in completing
03- 863
construction of the south side parking facilities. Pursuant to the agreement between the City of
Miami and the Miami Sports and Exhibition Authority dated November 2, 2001, the City has an
obligation to provide, or cause to be provided, parking for the Miami Children's Museum which
parking must be completed by the day the Miami Children's Museum opens, which is scheduled
to open in early September, 2003. Parrot Jungle Island has also requested overflow parking be
provided at an interim site on the island until such time as the south side parking facilities are
complete.
This amendment will further provide authorization for DOSP to provide the above referenced
interim parking at locations to be approved by the City Manager. This authorization shall expire
upon completion of construction of the south side parking facilities.
JA/LW"AB /m CC DOSP Amd
43- 863
Budgetary Impact Analysis
Department Economic Development Division:
Commission Meeting Date: July 24.2003
Title and brief description of legislation or attached ordinance/resolution: Resolution authorizing execution of
amendment to agreement with DOSP for construction and management of parking lots on Watson Island.
1. Is this item related to revenue? No ® Yes ❑ Revenue Source:
2. Is this item an expenditure? No ❑ Yes ® Amount: $220,000
General Fund Account No:
Special Revenue Fund Account No:
CIP Project No: 333126
3. Are there sufficient funds in Line Item? No: ❑ Yes: ❑
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ACTION ACCOUNT NUMBER-, TOTAL
Total Bond
Allocation
From $
Total
Allocations/
Encumbrances
From $
Dollars Spent
to Date
To $
To $
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Project Name
Total Bond
Allocation
1" Series
Appropriation
Total
Allocations/
Encumbrances
Balance
Dollars Spent
to Date
Comments:
Approved by:
Irature Lme
n^ ara Ant rilrP nr/ R10i1P.P. Date
Vrifi b
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Pet.
Date:
APPROVALS
Verified by CIP: (If applicable)
Date: 716/��
63- 863