HomeMy WebLinkAboutSubmittal-Jeovanny Rodriguez CITP Director-Background InformationCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:• Honorable Mayor and
Members of the City Commission
FROM: Daniel J. Alforfs
City Manager
DATE: July 1, 2015 FILE:
SUBJECT- 7/9/15 Commission
Agenda — Additional
Background Information
REFERENCE: Wagner Creek1Seyboid
Canal Dredging &
Restoration Project 8-50543
ENCLOSURES: Amended & Restated
Loan Application
ADDITIONAL BACKGROUND INFORMATION
As additional background information, attached is a copy of the Amended and Restated Loan
Application ("Application") that was submitted by the City of Miami ("City') to the State of Florida,
Department of Environmental Protection ("FDEP") to secure project funding for the Wagner
CreeklSeybold Canal Dredging and Restoration Capital Project No. B-50643. This Application is
provided to the City Commission for informational purposes. and it submitted as part of the official
record for agenda item "R.E. 10, File ID 15-00733", that is included on the City Commission
agenda for the July 9, 2015 City Commission meeting.
Thank you.
cc: Alice N. Bravo, P.E.; Deputy City Manager/Chief of Infrastructure
Jeovanny Rodriguez, P E., Director, Capital Improvements and Transportation Program
Julia Hernandez, Agenda Coordinator
Submitted into the public
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Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE REVOLVING LOAN PROGRAM
for
Point Source Water Pollution Control
AMENDED & RESTATED
LOAN APPLICATION
Florida Department of Environmental Protection
State Revolving Fund Program
Twin Towers Office Building
2600 Blair Stone Road, MS 3505
Tallahassee, FL 32399-2400
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Effective Date 4-22-14
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
TABLE OF CONTENTS
LOAN APPLICATION
Page
Number
(1) SUBMITTAL
(2) COMPLETING THE APPLICATION 1
(3) ASSISTANCE
PART 1 - ADMINISTRATIVE INFORMATION
1
(1) PROJECT SPONSOR 1
(2) AUTHORIZED REPRESENTATIVE
(3) PRIMARY CONTACT 1
(4) ADDITIONAL CONTACTS 1
(5) PROJECT NUMBER
(6) INTERIM FINANCING
PART II - PROJECT INFORMATION
A. PRECONSTRUCTION PROJECT
(1) ACTIVITIES 22
(2) SCHEDULE 2
(3) COST ...
B. CONSTRUCTION PROJECT
(1) ACTIVITIES 2
(2) SCHEDULE 3
(3) COST
PART III - FINANCIAL INFORMATION
(1) PRINCIPAL 33
(2) TERMS AND REPAYMENT
(3) ANNUAL FUNDING LIMIT 3
(4) INFORMATION ON LIENS 43
(5) ACTUAL AND PROJECTED REVENUES 4
(6) AVAILABILITY OF PLEDGED REVENUES 4
(7) LOAN SERVICE FEE
PART IV - AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION 44
(2) ASSURANCES
PART V - SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS 7
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE 8
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE 9
10
LIST OF ATTACHMENTS
Form Application 1
Incorporated in 62-503.430(1Xa), F.A.C.
Effective Date 4-22-14
LOAN APPLICATION
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, MS 3505, State
Revolving Fund Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The application (and backup) may
be submitted electronically to the Department's Project Manager.
(2) COMPLETING THE APPLICATION.
(a) This application consists of five parts: (1) ADMINISTRATIVE INFORMATION; (II) PROJECT INFORMATION;
(III) FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and (V) SUPPLEMENTARY
INFORMATION.
(b) All information provided on this application must be printed. Monetary amounts may be rounded.
(c) Forms and attachments to be submitted are denoted with italic print.
(3) ASSISTANCE. Completing this application may require information that can be obtained from Clean Water State
Revolving Fund Program staff. Please email SRF_Reporting@dep.state.fl.us for assistance in completing this
application.
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR City of Miami
Federal Employer Identification Number 59-6000375
DUNS Number 07-222-0791
(2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents).
Name Daniel Alfonso Title City Manager
(3)
Name Alice Bravo, P.E.
Telephone 305-416-1025
FAX 305-416-1019 Email citymanager@miamigov.com
Mailing Address 444 SW 2"d Avenue, 10th Floor, Miami, 33130
PRIMARY CONTACT (person to answer questions regarding this application).
Title Deputy City Manager/Chief of Infrastructure
Telephone (305) 416-1027 FAX (305) 416-1019 Email abravo@miamigov.com
Employer City of Miami, FL
Mailing Address 444 SW 2nd Avenue, loth Floor, Miami, FL 33130
(4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence, attach
the information (Attachment # ).
Name Jeovanny Rodriquez, P.E. Title Assistant Director, Capital Improvements
Program
Telephone (305) 416-1225 FAX (305) 416-2153 Email leovannyrodriquez@miamigov.com
Employer City of Miami, FL
Mailing Address 444 SW 2nd Avenue, 8th Floor, Miami, FL 33130
(5) PROJECT NUMBER (listed on the Department's priority list). 13200
(6) INTERIM FINANCING. A local government project sponsor that has interim financing may be subject to certain conditions
regarding such financing.
Is the project currently being funded with interim financing? Yes ® No
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 1 of 10 Effective. Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
PART II — PROJECT INFORMATION
If you are applying for a planning, design, or SSES loan for a project that will involve construction, complete only Subpart A
below. If you are applying for a loan to construct a project that is already planned and designed, complete only Subpart B
below.
A. PLANNING, DESIGN OR SSES PROJECT
Information should be provided for each separate facility to be planned and designed as appropriate. For design/build projects
(not eligible for design loans) or those where multiple facilities, segments, or phases are involved, please attach information
for activities, schedule, and cost for each. (Attachment # )
ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan.
Include a list of any specialized studies to be performed. (Attachment # ) Are these activities the same as those
scheduled on the Request for Inclusion Form? ❑ Yes ❑ No. If "No", please explain. (Attachment # )
(1)
(2) SCHEDULE.
(a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed to complete
required tasks.)
Planning documentation
Engineering work
Certification of site availability
Refer to Permits in Attachment No. 1: [MDC DERM Class 1 2008-CLI-PER-0248, FDEP
Environmental Resource Permit (ERP) No. 13-0186694-006, ACOE Nationwide No. 33 Fill
Permit No. SAJ-2004-06642 & ACOE Nationwide Dredging Permit No. SAJ-2004-6642.
Attachment No. 1 includes only the first 3 pages of each aforementioned permit. Note: The
remainder of the permit documents have been submitted to the State as part of the readiness
documents.]
Permit
(b) Do you anticipate that an interlocal agreement with another party will be necessary to implement
the project? If "Yes", please explain. (Attachment # )
(c) Is this a design/build project?
(3) COST. Is the cost information submitted for the planning, design or SSES loan priority list current?
If "No", please explain and submit revised cost information using the appropriate page of the
Request for Inclusion Form. (Attachment # ) Note that the disbursable amount will be
limited to the priority list amount.
❑ Yes ❑ No
El Yes ❑ No
❑ Yes ❑ No
PRECONSTRUCTION LOAN APPLICANTS PROCEED TO PART III.
B. CONSTRUCTION OR I/I REHABILITATION PROJECT
(1) ACTIVITIES.
(a) Attach a brief description of construction or I/1 rehabilitation activities to be financed by this loan. Include a list of the
contracts (by title) corresponding to the plans and specifications accepted by the Department (Attachment #2).
® Yes ❑ No
Are these contracts the same as those scheduled on the Request for Inclusion Form?
If "No", please explain. (Attachment # )
(b) Have any of the contracts been bid?
If "Yes", indicate which contracts have been bid. (Attachment # )
(c) Was planning, design, or SSES for this project financed in another SRF loan?
If "Yes", give the SRF loan number.
❑ Yes ® No
❑ Yes ® No
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 2 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
(d) Does this project involve an interlocal agreement with other local governments or other entities?
® Yes ❑ No
If "Yes", attach a copy of the Department letter accepting the interlocal agreement. (Attachment #3)
Refer to Permits in Attachment No. 1: [MDC DERM Class 1 2008-CLI-PER-0248, FDEP
Environmental Resource Permit (ERP) No. 13-0186694-006, ACOE Nationwide No. 33 Fill
Permit No. SAJ-2004-06642 & ACOE Nationwide Dredging Permit No. SAJ-2004-6642.
Attachment No. 1 includes only the first 3 pages of each aforementioned permit. Note: The
remainder of the permit documents have been submitted to the State as part of the readiness
documents.]
Grant awards from Florida Department of Environmental Protection (FDEP)
Grant awards from the Florida Inland Navigational District (FIND)
Is the interlocal agreement, as accepted by the Department, fully executed and enforceable?
Yes
(2) SCHEDULE. (month and year)
(a) Anticipated notice to proceed for first construction contract. January 2016
(b) Anticipated completion of all construction contracts. August 2017
(3) COST. Is the cost information submitted for the priority list current? ® Yes ❑ No
If "No", please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form.
(Attachment # ) Note that the disbursable amount will be limited to the priority list amount.
PART III - FINANCIAL INFORMATION
Estimates of the capitalized interest, project useful life for financial hardship loans, financing rate, pledged revenue coverage,
limitations on annual loan amounts for large projects, applicability and amount of repayment reserves, amount of the loan
service fee and any other information may be obtained by contacting staff in the State Revolving Fund Management Section.
(1) PRINCIPAL. The requested amount of the loan which does not include capitalized interest is $22,413,800
Note that the disbursable amount will be limited to the priority list amount and must be consistent with the project
information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate, and
it is subject to adjustment by the Department to reflect actual disbursement timing. The principal amount of the loan does
not include the loan service fee.
(2) TERMS AND REPAYMENT.
(a) Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20 years unless the
project is to serve a small community qualifying as having a financial hardship. Loans to financial hardship communities
may be amortized over the lesser of useful life of the project or 30 years. Loans to non -governmental project sponsors are
amortized over the lesser of the useful of the project or 20 years. Finance charges and principal are paid semiannually.
What is the useful life of the project?
20 (years)
Over how many years would you like to amortize the loan?
20 (years)
(b) List all revenues that are to be pledged for repayment of this loan. Stormwater Utility Fees,.
(c) Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due to the
Department unless there are other collateral provisions. The excess revenue, or coverage, generally is 15% of each
repayment.
What coverage is proposed for the loan? 15% (coverage percentage)
(d) Is any other financial assistance being applied to this project? ® Yes ❑ No
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C. Page 3 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
If "Yes", please list. (Attachment #4)
Grant award from Florida Department of Environmental Protection (FDEP)
Grant awards from the Florida Inland Navigational District (FIND)
(3) ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of $10 million) may be provided in
increments pursuant to the initial loan agreement and subsequent amendments. Each increment shall have a separate
financing rate as established in the agreement or amendment providing that increment.
(4) INFORMATION ON LIENS.
(a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this loan.
(Attachment #) For example: City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued in the
amount of $10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-156.
(b) Using the Part V, Schedule of Prior and Parity Liens, provide debt service information, if applicable, on each prior and
parity obligation.
(c) For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages thereof, setting
forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing
additional debt, provisions for bond insurance, and debt rating. (Attachment # ).
(d) Describe any other notes and loans payable from the revenues pledged to repay this loan. (Attachment # ).
(5) ACTUAL AND PROJECTED REVENUES.
(a) Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years.
(b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of pledged
revenues for loan repayment.
(6) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion. (Attachment
) The opinion must address the following: Opinion will be authorized by City Commission approval of loan
documents.
(a) Availability of the revenues to repay the loan.
(b) Right to increase rates at which revenues shall be collected to repay the loan.
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(7) LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee along with
interest thereon will be deducted from the first available repayments after the final amendment to the loan agreement.
PART IV — AUTHORIZATION AND ASSURANCES
(I) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence of
authorization (Attachment # 5 ) for the following:
(a) Pledging revenues to repay the loan.
(b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the loan agreement,
and represent the Applicant in carrying out responsibilities (including that of requesting loan disbursements) under the
loan agreement.
(2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions relating to
the loan for this project. Applicants should seek further information from the Clean Water State Revolving Fund
Program staff as to the applicability of the requirements if the necessity for the assurances is of concern. Specifically,
the Applicant certifies that it has complied, as appropriate, and will comply with the following requirements, as
appropriate, in undertaking the Project:
(a) Assurances for capitalization grant projects.
1. Complete all facilities for which funding has been provided.
2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of
1966, PL 89-665, as amended, regarding identification and protection of historic properties.
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 4 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
3. The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation Plans.
4. The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency
with the approved State management program developed under this Act.
5. The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened or
endangered species and their habitats.
6. Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation, restoration
and maintenance of the historic and cultural environment.
7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts associated
with floodplain occupancy, modification and development whenever there is a practicable alternative.
8. Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated
with the destruction or modification of wetlands and avoiding support of construction in wetlands.
9. The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams
or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
10. The Safe Drinking Water Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground sources
of drinking water.
11. The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of
the national wild and scenic rivers system.
12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which prohibits
discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-135, which prohibits
discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL 92-500, which prohibits
sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the basis
of handicaps.
13. Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified persons.
14. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small, minority,
and women's business and labor surplus areas are used when possible as sources of supplies, equipment, construction
and services.
15. The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the coastal barrier
resources.
16. The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from irreversible
loss.
17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for fair and
equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted
programs.
18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which requires that
projects be carried out in accordance with area wide planning activities.
19. Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which prohibit
manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project.
20. Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or
suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs.
21. Minority and Women's Business Enterprise participation in project work using numerical goals, established by the U.S.
Environmental Protection Agency, and to be set forth in the specifications for construction and materials contracts.
(b) Assurances for other projects.
1. Chapter 161, Part I, F.S., "Beach and Shore Preservation Act" and Part III, "Coastal Zone Protection Act of 1985"
which regulate coastal zone construction and all activities likely to affect the condition of the beaches or shore.
2. Chapter 163, Part II, F.S., the "Local Government Comprehensive Planning and Land Development Regulation Act"
which requires units of local government to establish and implement comprehensive planning programs to control
future development.
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 5 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
3. Chapter 186, F.S., State and Regional Planning, which requires conformance of projects with Regional Plans and the
State Comprehensive Plan.
4. Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection of
archaeological properties of major statewide significance discovered during construction activities.
5. Chapter 258, Part III, F.S., which requires protection of components or potential components of the national wild and
scenic rivers system.
6. Chapter 267, F.S., the "Florida Historical Resources Act" which requires identification, protection, and preservation of
historic properties, archaeological and anthropological sites.
7. Chapter 287, Part 1, F.S., which prohibits parties convicted of public entity crimes or discrimination from participating
in State -assisted projects and which requires consideration of the utilization of Minority Business Enterprises in State -
assisted projects.
8. Chapter 372, F.S., the Florida Endangered and Threatened Species Act which prohibits the killing or wounding of an
endangered, threatened, or special concern species or intentionally destroying their eggs or nest.
9. Chapter 373, Part IV, F.S., Florida Water Resources Act of 1972, which requires that activities on surface waters or
wetlands avoid adversely affecting: public health, safety, welfare, or property; conservation of fish and wildlife,
including endangered or threatened species or their habitats; navigation or the flow of water; the fishing or recreational
values or marine productivity; and significant historical and archaeological resources.
10. Chapter 380, Part I, F.S., Florida Environmental Land and Water Management Act of 1972 as it pertains to regulation
of developments and implementation of land and water management policies.
11. Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems.
12. Chapter 403, Part I, F.S., Florida Air and Water Pollution Control which requires protection of all waters of the state.
13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management District's
regulations governing the use of land and water resources.
14. Governor's Executive Order 95-359, which requires State Clearinghouse review of project planning documentation
and intergovernmental coordination.
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein and in the
attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly authorized
to file the application and to provide these assurances.
Signed this
Authorized Representative
Attachments
Day of 20
(signature) (name typed or printed)
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 6 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
PART V — SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS
(EXCLUDING SRF LOANS)
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least
three additional fiscal years. Use additional pages as necessary.
Identify Each
Obligation
Coverage
#1
#2 #3
Insured? X Yes No X Yes No X Yes No
Total Debt
Fiscal Annual Debt Service (Principal Plus Interest) Total Service Incl.
Year #1 #2 #3 Debt Service Coverage
2012 $ $
2013 $ $ $
2014 $ $ $
2015 $ $ $
2016 $ $ $
2017 $ $ $
2018 $ $ $ $
2019 $ $ $ $
2020 $ $ $ $
2021 $ $ $ $
2022 $ $ $ $ $
2023 $ $ $ $ $
2024 $ $ $ $ $
2025 $ $ $ $ $
2026 $ $ $ $ $
2027 $ $ $ $ $
2028 $ $ $ $ $
2029 $ $ $ $ $
2030 $ $ $ $ $
2031 $ $ $ $ $
2032 $ $ $ $ $
2033 $ $ $ $ $
2034 $ $ $ $ $
2035 $ $ $ $ $
2036 $ $ $ $ $
2037 $ $ $ $ $
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 7 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
PART V — SUPPLEMENTARY INFORMATION
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE
(Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.)
(a) Operating Revenues (Source)
Storm Water Utility Fees
(b) Interest Income
(c) Other Income or Revenue (Identify)
Property Taxes, Charges for Services,
Franchise Fees and Other Taxes, Fines
and Forfeitures, Intergovernmental
Revenues, Other Revenue
FY 2013 FY 2014
11,874,197 11,355,489
(2,546,552) 3,740,132
529,061,803 541,635,511
(d) Total Revenues 538,389,448 556,731,132
(e) Operating Expenses (excluding
interest on debt, depreciation,
and other non -cash items) 483,368,576 473,925,800
(f) Net Revenues [(f) _ (d) — (e)] 55,020,872 82,805,332
(g) Debt Service (including any
required coverage) 42,595,769 45,161,367
(h) Attach audited annual financial report(s), or pages thereof, or other documentation necessary to
support the above information. Include any notes or comments from the audit reports regarding
compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for
repayment of the SRF Loan. (Attachment # )
(i) Attach worksheets reconciling this page with the appropriate financial statements (for example,
backing out depreciation and interest payments from operating expenses). (Attachment # )
(j) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please
explain what corrective action was taken. (Attachment # )
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 8 of 10 Effective Date 7-01-15
PART V — SUPPLEMENTARY INFORMATION
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE
Begin with the fiscal year preceding first anticipated semiannual loan payment and continuing for at least three
additional years. Attach a separate page for previous State Revolving Fund loans. (Attachment # )
(a) Operating Revenue
(b) Interest Income
(c) Other Income or Revenue
(identify)
FY 2016
FY 2017 FY 2018
FY 2019 FY 2020
12,
11,814,251 12,050,536 12,291,547 537,378 12,788,126
(d) Total Revenues 11,814,251 12,050,536 12,291,547 12,537,378 12,788,126
(e) Operating Expenses (excluding
interest on debt, depreciation, and
other non -cash items) 10,357,691 10,564,845 10,776,142 10,991,665 11,211,498
(f) Net Revenues (f = d - e) 1,456,560 1,485,691 1,515,405 5,545,713 1,576,627
(g) Revenue (including coverage)
pledged to debt service, excluding
SRF loans 1,456,560 1,485,691 1,515,405 5,545,713 1,576,627
(h) Revenue (including coverage)
pledged to outstanding SRF loans
(i) Revenue Available for this SRF
Loan [(i) = (f) — (g) — (h)] 1,456,560 1,485,691 1,515,405 1,545,713 1,576,627
(j) Identify the source of the above information and explain methods used to develop the projections (Attachment # ).
Include an explanation of any revenue and expense growth or other adjustments; for example, any rate increases,
service growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other
considerations.
(k) For construction loans, are the above projections consistent with the accepted financial
feasibility information?
If "No", please explain. (Attachment # )
❑ Yes ❑ No
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 9 of 10 Effective Date 7-01-15
PART V — SUPPLEMENTARY INFORMATION
LIST OF ATTACHMENTS
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental
information. The application is not complete without the completed List of Attachments. Please list all
attachments that you are including with this application form.
Attachment Number
Permits 1
Conceptual Schedule and Project Description 2
Interlocal Agreements 3
Other Financial Assistance 4
Availability of Pledged Revenues & Authorization and Assurances 5
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C.
Page 10 of 10 Effective Date 7-01-15
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT NO. 1
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Carlos A. Gimenez, Mayor
August 22, 2014
City of Miami
c/o/ Daniel Alfonso, City Manager
2540 South Bayshore Drive
Coconut Grove, Florida 33133
Department of Kegulatory ana tconomtc Kesuurces
Environmental Resources Management
701 NW 1st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6567 F 305-372-6407
miamidade.gov
CERTIFIED MAIL NO. 7004 0750 0001 9159 1816
RETURN RECEIPT REQUESTED
Re: Miami -Dade County Class I Permit 2008-CLI-PER-0248: City of Miami — Maintenance Dredging
located at Wagner Creek and Seybold Canal, Miami, Miami -Dade County, Florida.
Dear Mr. Alfonso:
The Department of Regulatory and Economic Resources, Division of Environmental Resources Management
(DERM) has reviewed your request to extend the above referenced permit, which Is scheduled to expire on
January 14, 2015. Because there has been no substantial change In the environment at the location of the
work authorized by the Class I Permit and pursuant to Section 24-48.9(2), of the Code of Miaml-Dade County,
the Department hereby grants an extension of time to perform the work until January 14, 2017.
Please note that this letter must be attached to the original permit 2008-CLI-PER-00248 as evidence of this
permit extension. The entire permit shall be kept on -site during any construction work.
Should you have further questions or need additional Information, please contact me at (305) 372-6549 or via
email at hoppsc@miamidade.gov.
Sincerely,
Chrissy Hopps, ERPS
Coastal and Wetlands resources Section
cc: Jose Lago, City of Miami
Daniel Dietch, CH2M HILL
I(.'l��f�/%t� tXtY.C(('f.if` C:'Fry !)!fit
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Carlos A. Gimenez, Mayor
December 7, 2012
City of Miami
c/o Johnny Martinez, Manager
444 SW 2 Avenue
Miami, Florida 33130
Department of Regulatory and Economic Resources
Environmental Resources Management
701 NW 1st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6567 F 305-372-6407
miamidade.gov
CERTIFIED MAIL NO. 7004 0750 0001 9159 7566
RETURN RECEIPT REQUESTED
Re: Miami -Dade County Class I Permit 2008-CLI-PER-00248: City of Miami — Maintenance Dredging
located at Wagner Creek and Seybold Canal, Miami, Miami -Dade County, Florida.
Dear Mr. Martinez:
The Department of Regulatory and Economic Resources (RER) has reviewed your request to extend the
above referenced permit, which is scheduled to expire on January 14, 2013. Because there has been no
substantial change in the environment at the location of the work authorized by the Class I Permit and
pursuant to Section 24-48.9(2), of the code of Miami -Dade County, the Department hereby grants an
extension of time to perform the work until January 14, 2015.
Please note that this letter must be attached to the original permit 2008-CLI-PER-00248 as evidence of
this permit extension from RER. The entire permit shall be kept on -site during any construction work.
Should you have further questions or need additional information, please contact Chrissy Hopps, ERPS,
Coastal and Wetlands Resources Section at (305) 372-6549 or via email at hoppsc@miamidade.gov.
Sincerely,
Gickftliti
Chrlssy Hopps, ERPS
Coastal Resources Section
cc: Jose Lago
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Department of Environmental Ftesougoes Managenier
Coastal Resources Sectio
701 NW 1st Court, Suite 40
Miami, FL 33136-391
305-372-657
Class I Construction permit
Permit Number: 2008-CLI-PER-00248
DERM Project Manager: Chrissy Hopps
Issue Date: 01/14/2011
Expiration Date: 01/14/2013
Permittee
City of Miami
c/o Tony E. Crapp Jr., City Manager
444 S.W. 2nd Avenue
Miami, FL 33130
Contractor
To Be Determined
Bond/BBEETF Engineer
Performance Bond: N/A Michael D. Hall!, P.E. #58049
Mitigation Bond: N/A 904-777-4812
BBEETF Contribution: N/A
THE ABOVE NAMED PERMITTEE IS HEREBY AUTHORIZED TO PERFORM THE WORK SHOWN ON THE APPLICATION AND
APPROVED DRAWINGS, PLANS, AND OTHER DOCUMENTS ATTACHED HERETO OR ON FILE WITH THE DEPARTMENT
AND MADE PART HEREOF, SUBJECT TO THE ATTACHED GENERAL AND SPECIAL CONDITIONS,
Plans Entitled:
Date Signed and Sealed:
Project Location:
Project Description:
1/14/2011 3:06PM
MAP SHOWING A HYDROGRAPHIC & TOPOGRAPHIC SURVEY OF:
WAGNER CREEK & SEYBOLD CANAL
DADE COUNTY, FLORIDA
FOR: CH2MHILL
DADE COUNTY, FLORIDA
WAGNER_CREEK &_SEYBOLD CANAL--- --
MIAMI, FLORIDA
12/16/2010
Wagner Creek and Seybold Canal, Miami, Florida
Maintenance dredging of 46,041 cubic yards of sediment within Wagner Creek and Seybold
Canal to be completed as follows:
Operational Section 1 (between
Operational Section 2 (between
Operational Section 3 (between
Operational Section 4 (between
Operational Section 5 (between
Operational Section 6 (between
NW 2.0th Street and NW 14th Avenue)
NW 14th Avenue and NW 15th Street)
NW 15th Street and NW 14t'' Street)
NW 14th Street and S.R. 836)
S.R. 836 and NW 11th Street)
NW 11th Street and the Miami River)
Attachment A: Manatee Protection Plan
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
2008-CLI-PER-00248 Page: 1 of 9
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
FEB it 2011
Florida Department of
Environmental Protection
Southeast District Office
400 No. Congress Avenue, Suite 200
West Palm Beach, FL 33401
(561) 681-6600
City of Miami
c/o Carlos A. Migoya, City Manager
3500 Pan American Drive
Miami, FL 33133-5595
Dear Mr. Migoya:
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard, Jr.
Secretary
Enclosed is Environmental Resource Permit No. 13-0186694-006 issued pursuant to Part IV of
Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.).
Please review this document carefully to ensure compliance with both the general and specific
conditions contained herein. As the permittee, you are responsible for compliance with these
conditions. Please ensure all construction personnel associated with your activity review
and understand the attached drawings and conditions. Failure to comply with this permit
may result in liability for damages and restoration, and the imposition of civil penalties up to
$10,000.00 per violation per day pursuant to Sections 403.141 and 403.161, F.S.
In addition, please ensure the construction commencement notice and all other reporting
conditions are forwarded to the appropriate office as indicated in the specific conditions.
if you have any questions about this document, please contact me at 561/681-6646 or by email
at Benny.Luedike@dep.state.fl.us.
_____ Sincerely,.
Benny Luedike
Environmental Specialist 1II
Submerged Lands & Environmental
Resources Program
"More Protection, Less Process"
mvw.dep. state fl. us
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Permit Review Checklist
(A summary of the required monitoring and reporting activities for your project)
Pre -Construction Requirements
Activity
❑ Contact DEP to Schedule
Pre -construction Meeting
❑ Submit Pre -Construction Notice
Form to DEP
❑ Temporary Erosion & Turbidity Control
Structures In Place
Date Due
Prior to construction
48 Hrs. Before Construction
Prior to construction
Date Completed
Activity
D Permit with All Attachments
Kept at the Work Site
❑ Permanent Erosion Control
Structures in Place
❑ Manatee Observer(s)
On -site
❑ Turbidity Monitoring Reports
Submitted
❑ Annual Status Report Submitted
❑ Report Changes to Permitted
Drawings / Plans / Activities
Construction Requirements
Date Due
Permit shall be available on -site
for DEP Inspector at all times
Structures should be inspected
daily
Duration of In -water activities
Due Weekly during all dredging
activities
Following June of each year
until complete
Contact DEP before
any changes
Date Completed
Post -Construction Requirements
Activity_
❑ Completion and Certification
(As -Built) Form signed & seated
by P.E. and sent to DEP
❑ Submit Disposal Logs and
Landfill receipts
Date Due
30 Days after dredging each
Operational Section
30 Days after dredging each
Operational Section
Date Completed
For the above criteria that require you to contact DEP — you should contact the Department of Environmental
Protection, Southeast District Office, Environmental Resources Permitting Section, Compliance and
Enforcement, 400 N. Congress Avenue, Suite 200, West Palm Beach, FL 33401, Attention: Don Keirn.
Phone: 561-881-6644, Fax: 561-681-6780
PLEASE NOTE:
As the property owner/permittee, you are ultimately responsible for ensuring that the required
conditions of your permit are complied with and timely reported to the Department. Please ensure
that any designated contractors or agents acting on your behalf are familiar with these requirements.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Florida Department of
Environmental Protection
Southeast District Office
400 No. Congress Avenue, Suite 200
West Palm Beach, FL 33401
(561) 681-6600
Permittee/Authorized Entity:
City of Miami
c/o Carlos A. Migoya, City Manager
3500 Pan American Drive
Miami, FL 33133-5595
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard, Jr.
Secretary
Project Name:
City of Miami- Wagner Creek & Seybold Canal Dredge
Authorized Agent:
CH2M Hill, Inc.
c/o David J. Cole, Senior Project Manager
201 Alhambra Circle, Suite 600
Coral Gables, FL 33134
Email: David.cole2@ch2m.com
ERP Processor:
Benny Luedike, 561-681-6646
Environmental Resource Permit
State-owned Submerged Lands Authorization — Granted
U.S. Army Corps of Engineers Authorization — Separate Corps Authorization
Required
Permit No.: 13-0186694-006
Permit Issuance Date: 2116-11
Permit Construction Phase Expiration Date: 2-15-16
"More Protection, Less Process"
www. dep.state; fl. us
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
MIAMI REGULATORY OFFICE
9900 SOUTHWEST 107th Ave, SUITE 203
MIAMI, FLORIDA 33176
Regulatory Division
South Permits Branch
Miami Regulatory Office
SAJ-2004-06642 (NW -AG)
City of Miami
c/o Johnny Martinez, City Manager
3500 Pan American Drive
Miami, FL 33133
Dear Mr. Martinez:
HAY 2 .g 2013
Your application for a Department of the Army permit reveritication received on April 30,
2013, has been assigned number SAJ-2004-06642 (NW -AG). A review of the information and
drawings provided shows the project consists of installation of temporary structures associated
with the authorized Wagner Creek and Seybold Dredge project. Specifically this project
involves that installation of a manatee barrier near the NW 15th Street bridge. The proposed
manatee barrier will be constructed of standard chain link fencing and concrete block anchors
with bottom sections to match the contour of the sediment water interface as well as shoreline
contours up to 1 foot above the High/High water line. The base of the barrier shall be secured
using approximately 10 cubic yards of 12" riprap boulders to prevent manatee entrapment or
entanglement. Upon completion of the work associated with the operational sections the above-
-----rnentioned_structur_e.will-be_removed-from_W_aters-of-the.U.S., ancLall_fill assaeiated_witll
temporary structure will be disposed of at an upland location.
The project is located in the City of Miami, Miami -Dade County, Florida and is situated along a
1.7 mile tributary to the Miami River. This tributary has two sections: Wagner Creek and
Seybold Canal. Wagner Creek and the northern two thirds of the Seybold canal are located in
Section 35, Township 53 south, Range 41 east, and the southern one-third of Seybold Canal is
located in Section 2, Township 54 south, and Range 41 east.
Latitude: 25.'789604°N, Longitude 80.217035°W
Your project, as depicted on the enclosed drawings dated by the Corps on May 21,
2013, is authorized by Nationwide Permit (NWP) Number 33. In addition, project specific
conditions have been enclosed. This verification is valid until March 18, 2017. Please access
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
-2-
the U.S. Array Corps of Engineers' (Corps) Jacksonville District's Regulatory webpage to access
web links to view the Final Nationwide Permits, Federal Register Vol. 77, dated February 21,
2012, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and
the List of Regional Conditions. The website address is as follows:
http:/hvwrv.saj.usaco.army.rnil/Divisions/Regulatory/sourcebook.htm.
Please be aware this web address is case sensitive and should be entered as it appears above.
Once there you will need to click on "Nationwide Permits." These files contain the description
of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the
regional conditions, which apply specifically to this verification for NWP 33, Additionally,
enclosed is a list of the six General Conditions, which apply to all Department of the Army
authorizations. You must comply with all of the special and general conditions and any project
specific condition of this authorization or you may be subject to enforcement action. In the event
you have not completed construction of your project within the specified time limit, a separate
application or re -verification tnaybe required,
The following special conditions are included with this verification:
1. All reports, documentation and correspondence required by the conditions of this permit
shall be submitted to the following address: U.S. Artny Corps of Engineers, Regulatory Division,
Enforcement Section, 9900 Southwest 107t Avenue, Suite 203, Miami, Florida 33176. The
Permittee shall reference this perrnit number, SAJ-2004-06642 (NW -AG), on all submittals.
2. Within 60 days of completion of the authorized work or at the expiration of the
construction window of this permit, whichever occurs first, the Pennittee shall complete the
-attached "Self Certification Statement of-Compliance"--forrn•(Attaehed)-and-submit-to the Corps.- ----
In the event that the completed work deviates, in any manner, from the authorized work, the
Permittee shall describe, on the Self -Certification Form, the deviations between the work
authorized by the permit and the work as constructed. Please note that the description of any
deviations on the Self -Certification Form does not constitute approval of any deviations by the
Corps.
3. Within 10 days from the date of initiating the authorized work, the Permittee shall
provide to the Corps a written notification of the date of commencement of work authorized by
this permit.
4. Should any other regulatory agency require changes to the work authorized or obligated
by this permit, the Permittee is advised that are -verification of the revised work is required prior
to initiation of those changes. It is the Permittee's responsibility to request a modification of this
proposed work from the Miami Regulatory Office.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
-3-
5. Environmental controls and best management practices must be implemented to prevent
any materials related to construction activities from entering the surrounding water. Any
material removed as well as material applied to accomplish the project must be contained so as to
prevent fugitive particulates and/or discharge to surface waters,
6. The Permittee shall use only clean fill material for this project. The fill material shall be
free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete
block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic
amounts in accordance with Section 307 of the Clean Water Act.
7. The pernuttee shall ensure that no fill, clean or otherwise, storage of construction
materials, equipment, or debris shall be placed outside the footprint of the authorized fill.
8. The Permittee agrees to abide by. the Final Manatee Protection plan developed for
this project, dated December 10, 2010, during all phases of the project (copy attached).
9. The Permittee must comply with National Marine Fisheries Service's "Sea Turtle and
Smalltooth Sawfish Construction Conditions" dated March 23, 2006, attached to this permit.
10. This letter of authorization does not obviate the necessity to obtain any other Federal,
State, or local permits, which may be required. Prior to the initiation of any construction,
projects qualifying for this Nationwide permit must qualify for an exemption under section
403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required
under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water
management district under section 373,069, F.S., or a local government with delegated authority
under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable
_Coastal Zone Consistency Concurrence_(CZCC)_or.waiver thereto, as_w_ell_as_any_authorizations_
required for the use of state-owned submerged lands under Chapter 253, F.S., and, as applicable,
Chapter 258, F.S. You should check State -permitting requirements with the Florida Department
of Environmental Protection or the appropriate water management district.
This letter of authorization does not include conditions that would prevent the `take' of a state -
listed fish or wildlife species. These species are protected under sec.. 379.411, Florida Statutes,
and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife
species designated as species of special concern or threatened by the State of Florida, you are
responsible for coordinating directly with the Florida Fish and Wildlife Conservation
Commission (FWC). You can visit the FWC license and permitting webpage
(http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and
wildlife species designated as species of special concern or threatened. The Florida Natural
Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented
occurrences of those species.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
9900 SOUTHWEST 107 AVENUE, SUITE 203
MIAMI, FLORIDA 33176
REPLY TO
ATTENTION OF
Regulatory Division
South Permits Branch
Miami Regulatory Office
SAJ-2004-6642 (LP -AG)
City of Miami
c/o Johnny Martinez, City Manager
3500 Pan American Drive
Miami, FL 33133
Dear Mr. Martinez:
JUL 2 0 2011
This is in reference to your request for a Department of the Army (DA) permit to perform
work in or affecting waters of the United States. If you determine the permit provided is
acceptable in its entirety and you have chosen to proceed with the authorized activity, then upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of 1899 (33 U.S.C. §403) you are authorized under a Letter of Permission to:
maintenance dredge approximately 46,041 cubic yards of accumulated sediments from 7.6 acres
of submerged bottom to the specified depths in the attached drawings (pgs.1-60) within the
Wagner Creek and Seybold Canal in order to restore conveyance capabilities and to remove
contaminated sediments from these waterways. "New" dredging below the existing hardpan
controlling depth within these waterways is not authorized. Dredging work shall be done in
accordance to the methods outlined in section 3.3 of the Corrective Action Plan(CAP) version 2,
dated August 2009 incorporated herein by reference. Dredging shall be completed within the
proposed footprint as follows:
--Operational Section 1 (between NW 20th Street and NW 14th Avenue)
Operational Section 2 (between NW 14th Avenue and NW 15th Street)
Operational Section 3 (between NW 15th Street and NW14th Street)
Operational Section 4 (between NW 14 Street and S.R. 836)
Operational Section 5 (between S.R. 836 and NW 11 th Street)
Operational Section 6 (between NW11th Street and the Miami River)
All dredge spoil will be transported by water -tight container trucks to an approved upland
disposal facility. There will be no de -watering of dredge spoil authorized by this permit. The
project also includes the temporary deployment of turbidity curtains prior to all in -water
construction and to be removed upon completion of the authorized work in waters of the U.S.
The project is located in the City of Miami, Miami -Dade County, Florida and is situated along a
1.7 mile tributary to the Miami River. This tributary has two sections: Wagner Creek and
Seybold Canal. Wagner Creek and the northern two thirds of the Seybold canal are located in
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
—2-
Section 35, Township 53 south, Range 41 east, and the southern one-third of Seybold Canal is
located in Section 2, Township 54 south, and Range 41 east.
Geographic Location:
Latitude and Longitude: Start Point Operation Section 1: Lat. 25.794674° North
Long. 80.22163° West
Ending Point Operation Section 6: Lat. 25.778909° North
Long. 80.207198° West
The project must be completed in accordance with the enclosed construction drawings date -
stamped by the U.S. Army Corps of Engineers(Corps) on 19 July 20]1, (pgs. 1-60),and the
general and special conditions which are incorporated in, and made a part of, the permit.
Special Conditions:
1. Prior to the commencement of work authorized by this permit, the permittee or his
representative and the contractor shall hold a pre -work conference. Said conference shall be
requested a minimum of 14 day prior to the commencement of the work. Please contact Robert
Kirby with the Corps Compliance and Enforcement Section at (305)779-6050 to schedule this
meeting.
2. The permittee is responsible for ensuring that the permit conditions included in this
authorization are -explained to all -construction personnel working on the project and that copies
of this authorization are provided to all contractors and sub -contractors before the before the
work begins.
3. All work associated with the maintenance dredging shall conform to the Corrective Action
Plan (CAP) version 2 dated August 2009, herein incorporated by reference. Any deviation from
the CAP shall be submitted in writing to the Corps for review prior to implementation.
4. Prior to the commencement of dredging at each Operational Section, the contractor shall
provide a work plan, including the specific types of equipment and methods that will be used, the
location of all staging areas, timelines for completion of work and a contingency plan in the
event any structures within the operational section fail due to the dredging activities.
5. For all proposed dredging and staging activities, the permittee and/ or contractor shall
maintain the necessary setbacks from existing structures so that impacts to these structures do not
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
-3-
occur. As noted in section 2.8 of the CAP version 2, setbacks for Wagner Creek will be 4 feet
and for Seybold Canal will be 10 feet.
6. The contractor must notify the Corps within 24 hours of any structures that failed due to the
dredging activities and what emergency measures will be taken to prevent further damage. The
Corps must review and approve any preventative measures (i.e. shoring of a property with riprap
boulders, driving of temporary piles to prevent seawall failures) before they are implemented.
7. This permit does not authorize any work other than maintenance dredging. If the contractor
identifies any structures that will need repair at any of the operational sections prior to the
commencement of dredging activities, that work shall require a separate permit from the ACOE.
The permittee shall obtain all necessary permits for these repairs prior to the start of work within
each operational section.
8. Prior to any maintenance dredging activities the contractor shall ensure that all underground
and subaqueous utility lines within the dredge footprint are identified and that the proper safety
procedures are implemented to avoid any impacts to these existing structures.
9. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal
or alteration.
10.-Maintenance- or - use- •of -the permitted activity-must-not--inter-ferewith-the-publ-i&-s-right-- ---
to free navigation on all navigable waters of the United States.
11. As per. section 3.2, Table 3-2 of the Cap, version 2, the permittee will obtain permission to
move vessels during dredging activities 30 days before dredging of the Seybold Canal
operational sections begin. In the event a vessels needs to traverse an active dredging area, the
silt curtain will be temporarily .lowered when work is not occurring. In addition, silt curtains will
be removed/ relocated as necessary on Saturdays and Sundays to permit access for the passage of
recreational watercraft.
12. The Permittee must comply with National Marine Fisheries Service's "Sea Turtle and
Small tooth Sawfish Construction Conditions" dated March 23, 2006, attached to this permit.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT NO. 2
Conceptual Schedule
Submitted into the public
Record for item(s) RE. 10
on 07/0� 9/?015, City Clerk
ID
Old 10
Task Name
Duration
Start
Finish
Finish
Variance
Predecessors
Successo'es
02 03 1 04
toss 2016
1 ) 104 1
1
1
20v
j
021Q3 1
09
0
0
Wagner Creek Seybold Canal Restoration Project
'725 d
7/10/14
4/19/17
48 d
?1 02 03 01
02
03
04
QI_
1
1
2
CommissionApproval - -
Commii
APO Issued
t.-
-_
0 d _
0 d
7/10/14 _
11/6/14
7/10/14_..
11/6/14 �0
0 d 1
d
I- -
I - --
7 8,917 2122 23 33
7/10
•
6
2
3
3 _
(PartA Task].) Project Planning Support
620 d_
11/6/14
/22/17
28
-_- — - _,5,6
-
—
a
4
•. Planning and Support Tasks
�500
620 d
_
11/6/14
/22/17.128
_d
d -t
-_- ---1
5
5
5
_Dredging Communications with cty & Regulatory Agencies _
- _ -
_
d
11/6/14
0/5/16
92 d
12 -
-
6
6
_Project Updates, Budget Tracking &Invoicing _
Technical Su Planning/Coordination
5
500 d
11/6/14
10/5/16j-92
d _
2 a_
7
7
pport
500 d
I11/6/14
10/5/16
1-92 d
_
I
6
r
8
Public Involvement Plan Support
500 d
1/6/14
10/5/16
-42 d
^-
:.
9
9
10
City funding effort support _--.-_ -
Project Schedule
S00 d
563 d
11/6/14
1/26/15
10/5/16
3/22/17
- 92 d2
28 d i11
_ _-- _
i
.. ._ - . ...
i -
.. ._
_...
•
10
11 I
Develop Draft Project Schedule
5 d
1/26/15
1/30/15
11 d ]i8SS
12 I
12
12
i Review/Revise Revl Project Schedule
_
1 d
2/2/15
2/2/15 _ _
11 d _
_
11
13
13
13
Deliver Revl Proj Schedule to Client
0 d
2/2/15
2/2/15
11 d
_
12
_ _
14FS+5
1,d 2/2
14
New
Review/Revise Rev2 Project Schedule
�15
d
2/10/15
3/2/15
11 d
13F5+5 d
15
15
New
Deliver Rev2 Proj Schedule to Client
0 d
3/2/15
13/2/15
11 d
16
-
♦ 3/2
16
15
Manage/Update Schedule
537 d
3/3/15
_
3/22/17
_14
28 d
__ _
15
i __
92
17
14
_Develop Dredging Services Bidder Lists
0 d
2/10/15
�
13/9/15 __
6 d
_,28FF _ _
_,
-
tg
18
16
Update Engr Estimate prior to RFP
121 d
1/26/15
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82 d __11/6/14
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82 d
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/27/15
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_
52 d_
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60 d
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10 d
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47,48,49;5051,52,53,54,S
Page 1 of 3
Submitted into the public
Record for item(s) RE. 10
on 07 09 2015 City Clerk
ID
Old ID Task Marne
Duration ',Start [Finish
L 1
Finish
Variance
Predecessors
Succssors
I
12015
02_1 03 I 04 •
2016 2017
1021 03 I 04 I 011 02 1 03 1 04 I 011_02
I 03 I 04
47
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370 d ,10/8/15 ;3/8/17
18 d
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49
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370 d 10/8/15 13/8/17.
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51
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370 d 10/8/15 3/8/17
18 d
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370 d 10/8/15 3/8/17.
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20 d 11/5/15 112/2/15
28 d J39,38
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28 d
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0 d
14/19/17
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48 d
92 .
4/19
Page 2 of 3
111,4.1e.1410
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
The City of Miami
Wagner Creek/Seybold Canal Restoration Project
Project Description
Project Overview:
➢ The Wagner Creek/Seybold Canal Restoration Project involves dredging the waterways to remove
contaminated sediments.
> Source removal by dredging the contaminated sediments from Wagner Creek will improve water
quality conditions and improve drainage and navigation, ultimately benefiting Miami's local
communities and South Florida's natural aquatic resources. In addition, sediment dredging will
mitigate the potential re -suspension and transport of these sediments downstream to the Miami
River and ultimately Biscayne Bay.
➢ The project area is located in Miami along a 2.5-mile (8,800-foot) tributary to the Miami River,
which includes Wagner Creek and Seybold Canal.
➢ Maintained by the City of Miami, Wagner Creek, a 303(d) listed water body, and Seybold Canal, an
Outstanding Florida Water that is part of the Biscayne Bay Aquatic Preserve, provide critical
stormwater conveyance through a densely populated urban area.
➢ This project qualifies as a priority water body identified in the South Florida Water Management
District Surface Water Improvement and Management Plan for Biscayne Bay (1995; 2003).
Scope:
➢ Dredging the entire 2.5 mile tributary.
➢ All Federal, State and County permits are in place to commence the project.
• Pursuant to the project permits, work will commence at the head of Wagner Creek and proceed
downstream in order to prevent any cross -contamination.
Benefits:
3> This project will remove harmful contamination, mitigate flood damage, increase public safety and
provide new economic development opportunities in an area that is currently environmentally and
economically impaired.
• The contamination includes anthropogenic sources of dioxin and other harmful contamination
such as heavy metals, fecal coliform and other contaminants that have accumulated in the
sediment.
➢ Water quality impairments within Wagner Creek have been verified using the Impaired Surface
Waters Rule (IWR) and include copper, mercury (in fish tissue), coliforms (fecal and total), and
dioxin (in fish tissue).
➢ The project will result in the removal of approximately 64,000 tons of contaminated sediment,
improving the water quality conditions of Wagner Creek/Seybold Canal and reducing the pollutant
load on the Miami River and ultimately Biscayne Bay.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT NO. 3
Interlocal Agreements
Wagner Creek/Seybold Canal Restoration Project B-50643
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Entity
Project Award Number
Fund Award
Florida Inland Navigation District (FIND)
DA-MI-12-140
$ 700,000
Florida Inland Navigation District (FIND)
DA-MI-13-152
$1,000,000
Florida Inland Navigation District (FIND)
DA-MI-14-162
$1,000,000
Florida Department of Environmental Project (FDEP)
S0774
$ 200,000
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. DA-MI-12-140
This PROJECT AGREEMENT made and entered into this f day of
, 20 / 3 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 "B"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Seybold Canal & Wagner Creek Dredging & Environ Clean-up — PH B. 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'S scope of work shall require written advance notice
and justification from the PROJECT SPONSOR 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, 2014, unless the PROJECT period has been extended with the prior
written approval of the DISTRICT. In no event other than a declared state of emergency that affects
the project completion shall the PROJECT period extend beyond three (3) years from October 1,
2012. The PROJECT SPONSOR acknowledges this is the only provision to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2015, and 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 dates set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DIS'1'RICT no
later than 60 days prior to the original project agreement expiration. 'This request will then be
considered by the DISTRICT Board, whose decision shall be final.
1
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than rimy 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 A and meeting the requirements of Paragraph 5 below and
shall not, in any event, exceed $700,000.00.
Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written
advance notice and justification from the PROJECT SPONSOR and the prior written approval of
the DISTRICT.
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 DIS IRICT 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 A. PROJECT COSTS must be incurred and work performed within
the PROJECT period, with the exception of pre -agreement costs, if any, consistent with Paragraph 6
below, which are also eligible for reimbursement by the DISTRICT.
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 unless previously
delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT
Board during the grant review process.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the
DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) 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
2
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
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 A, shall be reimbursed only upon
completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with
Exhibit B: personnel, equipment, project management, administration, inspection, and design,
permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has
otherwise fully complied with the requirements of the Agreement, reimbursement for all
PROJECTS approved as Phase I projects will be made only upon commencement of construction of
the PROJECT for which the Phase I planning, designing, engineering and/or permitting were
directed, which may or may not involve further District funding. Procedures set forth below with
respect to reimbursement by the District are subject to this requirement of commencement of
construction.
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 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. 90-13 (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.
3
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
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 teiuus 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.
13. STATUS REPORTS - The PROJECT SPONSOR or 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 proprietary authorizations, 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.
4
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
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 prior to or
immediately following 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.
17. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the
project entrance of 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
PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the
DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations.
18. PROJECT MAINTENANCE - When and as 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 owned and
operated by project sponsor, 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. FEES — Any fees charged for this PROJECT shall be reasonable and the same for
the general public of all member counties. The PROJECT SPONSOR must demonstrate that a
minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and
improvements throughout the anticipated 25-year life of a development project or the design life of
other project types, as applicable.
20. 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
5
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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.
21. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
22. 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.
23. 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.
24. 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 the PROJECT SPONSOR at:
City of Miami
Attention: Director of Grants, Capital Improvements Program (CIP) Dept.
444 SW 2nd Avenue, 5th Floor
Miami, FL 33130-1910
25. 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.
26. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
27. 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
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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, PROJECT 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.
28. 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
4r 5F-, ttnc,%�rCt �il��A.4 oft,
WITNESSES: PROJECT SPONSOR
City Clerk
By: Johnny Martinez, P.E.
Title: City Manager
DALE,: (212V//2,
7
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ATTEST:
tf`;,Dwight S. Danie, MSL, City Clerk
City of Miami, a municipal
corporation of the State of Florida
Johnny Martinez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TQ INSURA
CORRECTNESS: % REQUIREMENTS:
Julie O. Bru / 1z Calvin Ellis, Direc
City Attorney i� Risk Managem-,.t De•artment
EXHIBIT A
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FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM 2011
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: _Seybold Canal And Wagner Creek Dredging and Environmental Clean -Up Project
APPLICANT: City of Miami
Project Elements
(Please list the MAJOR project elements and
provide a general cost break out for each one.
For Phase I Projects, please list the major
elements and products expected)
Dredging, Dredging Support, Hauling
Transportation & Disposal
Quantity Estimated
Cost
(Number and/or Footage)
5,552 cubic yards &
$252.17 per cubic
yards
Applicant's Cost
$700,000
FIND Cost
$700,000
** TOTALS =
$1,400,000
$700,000
$700,000
Note: All quantities are estimates and subject to change
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
Agenda - 10 -
EXHIBIT B
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CHAPTER 66B-2 — WATERWAYS ASSISTANCE PROGRAM (2012)
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 Disaster Relief Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects.
66B-2.015 Small -Scale Derelict Vessel Removal Projects.
66B-2.016 Waterways Cleanup Events.
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 Section 374.976,
F.S. 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 Section 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.
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.
6613-2.003 - 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
EXHIBIT B
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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) "ENVIRONMENTAL PERMITS" means those permits, proprietary
authorizations, exemptions, or general permits for construction below mean high water
line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps
of Engineers, the Florida Department of Environmental Protection, and the South Florida
or the St. Johns River Water Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland
Navigation District.
(10) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
(12) "MARITIME MANAGEMENT PLAN" means a written plan containing a
systematic arrangement of elements specifically formulated to identify, evaluate and
promote.the benefits of eligible waterway accessibility and enjoyment, with consideration
and respect to the physical, environmental and economic parameters of the planning area.
(13) "MATCHING FUNDS" means those funds provided by the local sponsor to the
project.
(14) "MEMBER COUNTY" means a county located within the taxing boundaries of
the District which includes Nassau, Duval, St, Johns, Flagler, Volusia, Brevard, Indian
River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties.
(15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts
or any other agency having legally authorized navigation related duties in waterways of
the District.
(16) "PRE -AGREEMENT COSTS" means project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(17) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(18) "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.
(19) "PROJECT" means a planned undertaking consisting of eligible program
facilities, improvements or expenses for the use and benefit of the general public.
(20) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved project.
(21) "PROJECT MAINTENANCE" means any usual action, activity, expense,
replacement, adjustment or repair taken to retain a the project or grant item in such
condition that it inay be continuously used at its original or designed capacity and
efficiency for its intended purpose.
(22) "PROJECT MANAGER" means the District employee who is responsible for
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Monitoring the performance of the Project and compliance with the project agreement.
(23) "PROJECT PERIOD" means the approved time during which costs may be
incurred and charged to the funded project.
(24) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(25) "PUBLIC BUILDING" means a building or facility on government owned
property that is owned or operated by a governmental entity, or operated by a third party
operator. The building or facility must provide waterway related information, public
meeting space, or educational services and be open to members of the public on a
continual basis without discrimination.
(26) "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 first
come, first served basis without any qualifying requirements such as club membership,
stock ownership, or differential in price.
(27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY
ACCESS" means any publicly owned area specifically designed to be used for staging,
launching, or off-loading by commercial or industrial waterway users on a first come,
first served, short-term basis, to gain entry to or from the District's waterways to serve
the infrastructure needs of the District's waterway users,
(28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee
Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those
portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control
structures, all navigable natural rivers, bays, creeks or lagoons intersected by said
waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending
from said waterways.
(30) "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, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08.
66B-2.004 - Policy.
The following constitutes the policy of the District regarding the 4dministration of the
program:
(1) Financial Assistance Eligibility: 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, local and regional
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EXHIBIT B
anchorage management, beach renourishment, public recreation, inlet management,
environmental education, maritime management plans, and boating safety projects
directly related to the waterways.
(b) Eligible local governments may also be provided financial assistance, support and
cooperation in planning and carrying out public navigation, local and regional anchorage
management, beach renourishment, public recreation, inlet management, maritime
management plans, environmental education, and boating safety projects directly related
to the waterways.
(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 Ends 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
waterway related access projects, environmental mitigation projects associated with
waterway improvement related activities, inlet channel maintenance, 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.
(d) Eligible projects shall include the acquisition and development of public boat
ramps and launching facilities, including those in man-made, navigable waterways
contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C.
(2) Notification: 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.
(3) Project Approval: Approval of projects by the District shall be in accordance with
these rules.
(4) Project Accessibility: Facilities or programs 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. Additionally, facilities funded in whole or in part by program fiends, shall not
require a paid membership for the general public of all of the member counties as a
condition to use the facilities. User or entrance fees may be charged for. the use of
facilities funded in whole or in part by program funds, however such fees shall be
reasonable and shall be the same for the general public of all of the member counties.
(5) Waterway Impacts: 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 Section 327.46(1), F.S., in determining whether to
EXHIBIT B
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approve the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation,
maintenance, and management of the project for the anticipated life of the project and
shall be responsible for all expenses required for such purposes. The project shall be
maintained in accordance with the standards of maintenance for other similar local
facilities and in accordance with applicable health standards. Project facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor shall have full legal
authority and financial ability to operate and maintain the project facilities.
(7) Education Facilities and Programs: Waterways related environmental education
facilities and programs sponsored by the District shall occur at specially designated
environmental education facilities located adjacent and contiguous to the waterways. It is
the District's intent to consolidate its environmental education efforts in the least number
of facilities within an area that will adequately serve the education needs of that area of
the District.
(8) Public Information Availability: 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 public.
(9) Third -Party Project Operators: Projects that are being operated by a third party
shall have sufficient oversight by the eligible project sponsor as determined by the Board.
Such oversight, at a minimum, will include a project liaison that is a staff member of the
eligible project sponsor, and oversight of the operating hours and admission fees of the
facility by the eligible project sponsor through a legal agreement. All third party projects
shall be open to the public in accordance with this rule.
(10) Non-compliance: 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, if such non-compliance calls into question
the ability of the applicant to complete the project. 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.
(11) Fees: Any public project eligible for District program funds that charges a fee or
will charge a fee must create and maintain an enterprise fund for the public project that
shall plan for and retain at all times sufficient funds for the on -going maintenance of the
facility during its project life. Accounting records of the previous five years of the public
project's enterprise fund will be submitted as part of any subsequent assistance program
application to the District.
Rulemahing 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, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10,
3-7-11, 3-7-12
6613-2.005 - 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.
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EXHIBIT B
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 and 91-25 (a thru f)
Waterways Assistance Program Application Evaluation and Rating Worksheet (effective
date 4-24-06); and 93-25 and 93-25 (a, h and c) Waterways Assistance Program
Navigation. Districts Application Evaluation and Rating Worksheet (effective date 4-24-
06), hereby incorporated by reference and available from the District office.
(1) Funding Assistance Availability: 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) percent 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 axe
determined to be available based upon the District's overall goals, management policies,
fiscal responsibilities and operational needs, or in counties that are recovering from a
state of emergency declared under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at a minimum, equal matching funds from the
project sponsor, with the exception of public navigation projects that meet the provisions
of subsection 66B-2.005(7), F.A.C., land acquisition projects in accordance with
subsection 66B-2.005(8) and Rule 66B-2.008, F.A.C., and small-scale spoil island
restoration and enhancement projects that meet the provisions of Rule 66B-2.014, F.A.C.
Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All
financial assistance to seaports shall require equal matching funds. The District shall
contribute no more than fifty percent (50%) of the local share of the cost of an inlet
management or beach renourishment project. The District shall not contribute funding to
both the state and local shares of an inlet management or beach renourishment project.
(3) Pre -agreement Expenses: The project sponsor shall not commence work on an
approved project element prior to the execution of the project agreement unless
authorized by the Board during the review and funding approval process. Board
authorization of pre -agreement expenses will be given for the commencement of work
prior to the execution of a project agreement if the Board determines that there is a
benefit to the District, its waterways or its constituents. 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
approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur
within the fiscal year of the grant application submission (October 1st to September
30th). Pre -agreement expenses, except for projects approved by the Board as multi -year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses
are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of
the approved pre -agreement expenses will be eligible for reimbursement funding from
the District, except for projects approved by the Board as multi -year projects. The Board
shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale
Derelict Vessel grants and land acquisition projects when the applicant demonstrates a
direct need and benefit and the project is in accordance with the applicable provisions of
Chapter 66B-2, F.A.C.
(4) Multi -Year Funding: The construction phase of projects that are large scale,
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EXHIBIT B
involve multiple phases, have a construction time line of one year or longer, or are
requesting a significant amount of assistance funding in relation to the total assistance
available for the county where the project is located, will be reviewed and approved by
the District Board for a multiple year period subject to budgeting and allocation pursuant
to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi -year basis can be made at any time during the application
review process. All approved multi -year projects are limited to a maximum of two (2)
additional funding requests.
(5) Inlet Management and Beach Renourishment: 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 percent 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 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: 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
Section 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: 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 Chapter 161, F.S.
(6) Public Navigation: Projects or project elements in the category of public
navigation that will qualify for up to seventy-five percent (75%) program funds must be
within the Intracoastal Right -of -Way (ROW), or provide public navigation channel
access to two or more public accessible launching, mooring or docking facilities. In
addition, the following shall apply:
(a) Navigation channel dredging: The project sponsor must demonstrate that the
source of channel sedimentation has been identified and is in the process of, or has been
controlled, or that the frequency and amount of shoaling is such that dredging will
provide an improvement to the channel that will last for twenty (20) years or more and
therefore is more cost effective than identifying and correcting the cause of shoaling, or
that the cost of identifying the source of channel sedimentation exceeds the cost of the
dredging proj ect.
(b) Navigation channel lighting and markers must be located on primary or secondary
public navigation channels.
EXHIBIT B
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• All other public navigation projects or project elements must have a minimum of one
facility open to the public and will only qualify for up to fifty percent (50%) program
funding. Dredging that is associated or ancillary to another use (such as a boat ramp,
marina or pier) will be prioritized according to the associated use.
(7) Land Acquisition: All land acquisition projects shall qualify for a maximum of
twenty-five (25) percent program funding. All pre -agreement expenses for land
acquisition must be completed within one-year of the date of application for funding. All
funded land acquisition projects must construct the required boating access facility within
7 years of completion of the land acquisition, or the Distirct may require the applicant to
refund the program fitnding.
(8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the
proportional share of the District's ad valorem tax collections as set forth in subsection
66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can
demonstrate that a regional benefit occurs from the port's 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
subsection 66B-2.005(1), F.A.C., 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.
Rulemaking 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, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07,
3-25-08, 4-1-09, 3-7-11, 3-7-12.
66B-2.006 - Application Process.
{1) Application Period: With the exception of eligible Disaster Relief Projects,
eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -
Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for
assistance through this program will be submitted during the authorized . submission
period that shall be established by vote of the Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance
Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and 93-
22a, Project Information — Navigation Related Districts (effective date 4-24-06) are
hereby incorporated by reference and available from the District office. With the
exception of projects eligible under the Snnall-Scale Spoil Island Restoration and
Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway
Cleanup Events, 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 and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida
Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4-
24-06), hereby incorporated by reference and available from the District office. All
applications for financial assistance and support through this program from navigation
related districts shall be made on FIND Form Number 93-22 (effective date 4-24-06),
hereby incorporated by reference and available from the District office, and shall include
a detailed cost estimate submitted on FIND Form No. 90-25. In addition, all applicants
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shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10)
(effective date 4-15-07).
(3) Sponsor Resolution: 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 Form No. 90-21, Resolution for Assistance Under the Florida
Inland Navigation District Waterways Assistance Program (effective date 10-14-92),
hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a projectthat is a land based
development project the applicant shall submit an Attorney's Certification of Title, FIND
Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and
available from the District office.
(5) Maps and Geographic Information: All applicants shall be required to submit, at
minimum, the following geographic information: A County location map, a project
location map, a project boundary map, and a clear and detailed site development map for
land development projects.
(6) Application Review: Applicants shall obtain the local FIND Commissioner's
initials on Form No. 90-26 prior to submitting the application to the District office. It is
the applicant's responsibility to make timely arrangements for the local FIND
Commissioner's review. In the absence of extenuating circumstances outside of the
applicant's control as determined by the Board of Commissioners, an application shall not
be considered complete if it does not include the local FIND commissioner's initials on
Form No. 90-26. 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 7-30-02), and for compliance with the
eligibility requirements of this rile. 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. In order to have a complete application, the applicant shall not only submit the
forms required under Rule 66B-2.006, F.A.C., and any other information requirements
identified in the Application Checklist (FIND Form Number 90-26), but such forms and
other submitted information must be completely filled out, executed as applicable, and
also establish compliance with Chapter 66B-2, F.A.C.
(7) Interlocal Agreements: Applications that the Board determines will directly
benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by
the District's long range dredged material management plans, will directly benefit the
maintenance of the Okeechobee Waterway channel as documented by the District's long
range dredged material management plan, will directly benefit the maintenance or
improvement of District property, right-of-way or navigation interests, or have multiple
funding partners including the Corps of Engineers as the project manager can qualify for
project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or
Section 374.984(6)(a), F.S. District staff will identify these applications and present them
to the Board for their determination as to funding. Interlocal agreement projects shall
comply with all other provisions of this rule, except for pre -agreement expenses,
permitting and property control requirements.
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' (8) Application Presentations: Applications determined to be complete ana 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. Applicants can decline
to make a presentation to the Board by submitting a written request.
(9) Application Evaluation and Rating Score: Following the presentations, the Board
will review the applications and evaluate them using the Waterways Assistance Program
Application Evaluation and Rating Worksheets No. 91-25 (a thru f) for Waterways
Assistance Program applications, and 93-25 (a, b and c) Waterways Assistance Program
Navigation Related Districts applications. The total points awarded to each application by
the Commissioners will be averaged to determine an application's 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 points and two-thirds of
the Commissioners vote for reconsideration of the application. Only Applicants that are
eligible under Rule 66B-2.0061, F,A.C., "Disaster Relief Applications", shall complete
FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06).
(10) Funding Determination: The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if any, to each project and
the projects will be ranked by overall average score to facilitate final funding decisions
by the Board. 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.
Speck Authority 37,1.976(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, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08.
66B-2.0061 - Disaster Relief Applications.
Disaster Relief 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.
Specc Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 6-24-93, Amended 2-6-97, Formerly
16T-2.0061, Amended 4-24-06.
66B-2.008 — Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall be
used to plan or carry out public navigation and anchorage management, public recreation,
environmental education, boating safety, acquisition and development of spoil sites and
publicly owned commercial/industrial waterway access directly related to the waterways,
acquisition and development of public boat ramps, launching facilities and boat docking
and mooring facilities, inlet management, maritime management planning, environmental
mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
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development, construction, reconstruction, extension, or improvement, 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. Inlet management projects that are a benefit to public navigation in the District;
4. Public shoreline stabilization directly benefiting the District's waterway channels;
5. Acquisition and development of publicly owned spoil disposal site and public
commercial/industrial waterway access;
6. Waterway signs and buoys for safety, regulation or information;
7. Acquisition, dredging, shoreline stabilization and development of public boat
ramps and launching facilities;
8. Acquisition, dredging, shoreline stabilization and development of public boat
docking and mooring facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront parks and boardwalks and associated improvements;
13. Maritime Management Planning;
14. Waterways boating safety programs and equipment;
15. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project; and
16. Environmental restoration, enhancement or mitigation projects and
17. Other waterway related projects.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program
funding or matching funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, irrigation equipment, ball -courts, park and playground
equipment, and any extraneous recreational amenities not directly related to the waterway
such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway users;
3. Roadways providing access to non -waterway users;
4. Parking areas for non -waterway users;
5. Utilities for non -waterway related facilities;
6. Lighting for non -waterway related facilities;
7. Project maintenance and maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the main
eligible public building; and
12. Conceptual project planning, including: cost -benefit analysis, public surveys,
opinion polls, public meetings, and organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an
itemized expense list:
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1. The following project costs will be eligible for program funding or as matching
funding if they are performed by an independent contractor:
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.
Before reimbursement is made by the District on any of the costs listed in subparagraph
1. above, a construction contract for the project, approved and executed by the project
sponsor and project contractor must be submitted to the District.
2. Marine fire -fighting vessels are eligible for a maximum of $60,000 in initial
District funding. Marine law enforcement and other vessels are eligible for a maximum of
$30,000 in initial District funding. All future replacement and maintenance costs of the
vessel and related equipment will be the responsibility of the applicant.
3. Waterway related environmental education facility funding will be limited to those
project elements directly related to the District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects may 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 shall be submitted along with the Phase I application for
Board review.
(2) Property Control: The site of a new proposed land -based development project,
with the exception of those projects requesting Small -Scale Spoil Island Restoration and
Enhancement funding, 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. Existing land based
development projects that are being repaired, replaced or modified must demonstrate that
the project site has been dedicated for public use for at least 25 years with at least 10
years remaining on the dedication document. Property shall also be deemed dedicated for
public use if:
(a) The property has been designated for the use for which the project is intended
(even though there may have been no formal dedication) in a plat or map recorded prior
to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the
property for the public use for which the project is intended for a period of at least 30
years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the property as
shown on the plat or map, nor has there been any judicial determination contrary to the
use by the public for the use shown on the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and
all federal, state and local permits, laws, proprietary authorizations and regulations in the
development and operation of the project. Applicants for construction projects that
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include elements that require state or federal environmental permits or proprietary
authorizations will demonstrate that all required environmental permitting and
authorizations will be completed by the District's final TRIM hearing. This
demonstration will be by submission of the required environmental permit(s) and
authorizations, or by submission of a letter from the agency(s) stating that a permit or
authorization is not required. Should the environmental permitting element of an
application that has construction elements requiring state or federal environmental
permits or authorizations not be completed by the District's final TRIM hearing, the
construction portion of the project will not be considered for funding. Whereby funding
decisions are completed at the final TRIM hearing, the District will not deviate from the
funding schedule to accommodate any application deficiency.
(4) Public Marina. Qualifications: 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. All public marina projects funded through this program. shall have at least
ten percent (10%) of their slips or mooring areas available for transient vessels. Public
marina dockage rates shall be within market comparison of the dockage rates of other
area marinas. The public marina will be required to establish and maintain an accounting
of the funds for the facility and shall plan for and retain at all times sufficient funds for
the on -going maintenance of the facility during its project life.
(5) The District may assist eligible local governments with efforts to prepare and
implement a comprehensive maritime management plan. The plan shall be utilized by the
eligible government to promote and maximize the public benefit and enjoyment of
eligible waterways, while identifying and prioritizing the waterway access needs of the
community. The plan should not duplicate any existing or ongoing efforts for the same
waterway or water shed, nor shall the District participate in any effort that does not
address the basic maritime needs of the community.
(a) The District shall participate in one plan per County. Existing plans
may be updated at reasonable intervals or amended to include waterway areas previously
not included in the original effort. Public, government, environmental, industry and other
pertinent interest groups shall be solicited and included for input in the planning process.
(b) The plan shall be utilized as a tool to provide a minimum 5-year
planning analysis and forecast for the maritime needs of the community, and shall
include, at minimum, the following:
1. Public boat ramp & ramp parking inventory and analysis.
2. Public mooring and docking facility analysis, including day
docks and transient slips.
3. Commercial and working waterfront identification and needs
analysis.
4. The identification, location, condition and analysis of existing
and potential navigation channels.
5. An inventory and assessment of accessible public shorelines.
6. Public Waterway transportation needs.
7. Environmental conditions that affect boat facility siting, a
current resource inventory survey, and restoration opportunities.
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8. Economic conditions affecting the boating community and
boating facilities.
9. Acknowledgment and coordination with existing data and
information, including an emphasis on the Intracoastal Watenvay.
3) Projects requested for assistance program funding shall be consistent
with the applicant's maritime management plan. The applicant should utilize the plan to
assist in prioritizing waterway improvement projects.
(6) All eligible environmental restoration, enhancement or mitigation projects as well
as the environmental restoration, enhancement or mitigation components of other types
of projects shall be required to assign the mitigation credits to the District for that share
of the project funded through the District's Assistance Program. All eligible
environmental restoration, enhancement or mitigation projects shall provide public access
where possible.
(7) Final Decisions: The Board will make all final decisions on the eligibility of a
Project or specific project costs.
Rulemaking 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, 5-25-00, 3-21-01, 7-30-02,
3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11, 3-7-12.
66B-2.009 — Project Administration.
The District will appoint a project manager who shall be responsible for monitoring
the 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,
who will be a member of the eligible applicant's staff, to act on its behalf in carrying out
the terms of the project agreement. Administration of the project will be as follows:
(1) Project Agreement: For each funded project, the District and the project sponsor
will enter into a project agreement. The project agreement shall be executed and returned
by the project sponsor within six (6) months of the approval of the project funding and
prior to the release of program funds, 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. Any request for a one-
year extension of funding shall require submittal by the PROJECT SPONSOR of a
request for extension to the DISTRICT no later than July of fiscal year two of the
approved project. This request will then be considered by the DISTRICT Board, whose
decision shall be final. In review of these requests, the Board will take into consideration
the current status and progress of the project and the ability of the applicant to complete
the project within one additional year.
(2) Matching Funds: 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.
(3) Agreement Modification: All proposed changes to the project agreement must be
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submitted to the District in writing by the project sponsor accompanied by a statement of
justification for the proposed changes. 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 category, result in a reallocation of more than 35% of the approved funding of
the project among project elements, nor allow for a greater than 35% change in the
project scale or scope of work. Project agreement amendments will not include a change
to the approved project's location or a change in the approved project's purpose or
project type. Agreed changes shall be evidenced by a formal amendment to the project
agreement and shall be in compliance with these rules.
(4) Project Reporting: 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. The report shall be submitted on Form 95-02, "Assistance Program Project
Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available
at the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement
requests during the project period in accordance with Rule 66B-2.011, F.A.C. 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.
(6) Project Inspection: Upon reasonable request, the project manager shall have the
right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the
date of the beginning of the District's first fiscal year for which the project was approved.
If the completion 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,
(8) Project Completion Requirements: Upon completion of the project, the liaison
agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02),
hereby incorporated by reference and available from the District office, which certifies
that the project was completed in accordance with the project agreement and the final
project plans.
(b) A final reimbursement request accompanied by all required billing statements and
vouchers.
(c) Photograph(s) showing the installation of the sign required by Rule 66B-2.013,
F.A.C.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(9) Project Completion Review: 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,
Amended 3-21-01, 7-30-02.
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66B-2.011 - Reimbursement.
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. 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. 90-14 (effective date 7-30-02) hereby
incorporated by reference and available from the District office.
(1) Authorized Expenditures: 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 will establish the 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:
(a) The percentage total of project funding that the Board has agreed to fund, or
(b) The maximum application funding assistance amount.
(2) Phase I Reimbuusement: In accordance with these rules, reimbursement cannot 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.
(3) .Reimbursement Requests: 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.
(4) Retainage: The District shall retain ten percent (10%) 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.
(5) Check Presentations: A District representative shall present the final
reimbursement check to the project sponsor during a public commission meeting or
public dedication ceremony for the project facility.
(6) Recovery of Additional Project Funding: If the project sponsor receives additional
funding for the project costs from another source that was not identified in the original
application and that changes the agreement cost -share percentage, the project sponsor
shall proportionately reimburse the District's program funds equal to the cost -share
percentage in the approved project agreement. The project sponsor shall promptly notify
the District of any project payments it receives from a source other than the District.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History New 12-17-90, Amended 6-24-93,
Formerly 16T-2.011, Amended 3-31-99, 7-30-02._-= 11
66B-2.012 - Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an accounting
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system which meets generally accepted accounting principles and for maintaining such
financial records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status
reports to FIND in accordance with subsection 66B-2.009(4), F.A.C.
(3) Completion Certification: All required final completion certification documents
and materials as outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be
submitted to the District prior to final reimbursement of program funds.
(4) Auditing: 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) Project Records: 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) Repayment: 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,
Amended 7-30-02
66B-2.013 - Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, at the
entrance to the project site 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.013,
Amended 2-22-10.
66B-2.014 - Small -Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and
natural islands within the District's waterways for recreational, navigational, educational,
and environmental purposes. The applicable provisions of this rule apply to these
applications with the following additions or exceptions:
(1) Application Procedure — A Request for Proposals procedure will be used to
request proposals for consideration. Proposals shall follow the format described in FIND
Document #03-02, Call for Proposals — Small -Scale Spoil Island Restoration and
Enhancement Program (effective date 7-30-02), hereby incorporated by reference and
available from the District office. Proposals may be submitted to the District and
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considered by the Board at any time during the year.
(2) Matching Funds: Small-scale spoil island restoration and enhancement may
qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%)
matching funds may include in -kind contribution pursuant to paragraph 66B-2.014(4)(b),
F.A.C.
(3) Eligibility: All proposals must meet the following eligibility criteria to be
considered for funding:
(a) Management Plan Compliance: Projects shall be in compliance with the
provisions of any Spoil Island Management Plans or other management plans that govern
the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the
Project site to construct and maintain the Project for a minimum of five years. Such
property rights can be in the form of a lease, interlocal agreement, use agreement or other
legal form approved by the District. The applicant shall include a map clearly delineating
the location of all proposed work included in the application.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C.,
subject to the exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed
$22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in -kind construction labor; such in -kind
construction labor costs will not be counted by the District as exceeding $10.00 per hour.
No administrative costs can be incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project
expenses such as construction materials, plant materials, herbicides, etc. The funding
provided by the District shall not be allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees, shall
sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District
and hereby incorporated by reference and available from the District office.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 7-30-02, Amended 4-24-06.
66B-2.015 - Small -Scale Derelict Vessel Removal Projects.
Proposals shall be accepted for financial assistance for the removal of derelict vessels
within the District's waterways. The applicable provisions of this rule apply to these
applications with the following additions or exceptions:
(1) Application Procedure — Applications shall be submitted on a completed FIND
Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-
06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project
Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available
from the District office. Applications may be submitted to the District and considered by
the Board at any time during the year.
(2) The District shall only fund applicants that have identified derelict vessels to be
removed and have a current bid for removal for such vessels, or have completed the
removal of such vessels within the 6 months preceding the application, subject to
eligibility under these program rules.
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• (3) The program must be sponsored by an eligible government agency or not -for -
profit organization.
(4) District funding shall be limited to $20,000.00 per county, per year, provided on a
reimbursement basis only. The limitation on pre -agreement expenses may be waived by
the Board in accordance with subsection 66B-2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project
completion. In no case shall the District's cost -share contribution exceed 75% of the total
project costs. In-house project management or administration costs are not eligible costs
or matching costs.
(6) The derelict vessel must be located in the District's Waterways, as defined in Rule
66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of
all vessels included in the application.
(7) The District shall be recognized when possible in all written, audio or video
advertising and promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of
derelict vessels. The District is providing program reimbursement funds only and shall be
held harmless with regards to the activities initiated by the applicant.
(9) The applicant shall be responsible for all maintenance, management, disposal and
operating expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed
through this grant program must be reinvested into the applicant's derelict vessel removal
program.
(11) The District Board shall make all final decisions concerning the provision of
funding for this program.
Specific Authority 374, 976(2) FS. Law Implemented 374.976(1) FS. History —New 4-24-06, Amended 4-15-07, 3-25-08,
66B-2.016 Waterways Cleanup Events.
Proposals shall be accepted for financial assistance for the organized removal of
refuse within. the District's waterways. The applicable provisions of this rule apply to
these applicati.ons with the following additions or exceptions:
(1) Application Procedure: Prior to the event, a request for funding shall be submitted
to the District by means of a cover letter detailing the occurrence of the cleanup,
contact information, a map of the cleanup locations and the general parameters of
the event. In addition, the Applicant will submit a detailed budget clearly
delineating the expenditure of all District funds, as well as the overall general
budget of the event. Proposals may be submitted to the District and considered by
the Board at any time during the year.
(2) Availability: The District shall fund a maximum of one clean-up program per
waterway, per year within a county, with exception to the provisions of items (8)
through (10), below.
(3) Applicant Eligibility: The clean-up program must be sponsored by a government
agency or a registered not -for -profit corporation.
(4) Funding: District funding shall be limited to $5,000.00 per waterway, per county,
except for the provisions of items (8) through (10), below.
EXHIBIT B
Submitted into the public
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(5) The District shall be recognized in all written, on-line, audio or video advertising
and promotions as a participating sponsor of the clean-up program.
(6) Funding Eligibility: The funding provided by the District shall only be allocated
to reimburse the applicant for out of pocket expenditures related to specific
cleanup program expenses such as trash bags, trash collection, haul and landfill
fees, gloves, advertising, T-shirts, and related expenses. The funding provided by
the District shall not be allocated for parties, meetings, food or beverages.
(7) The District Board shall make all final decisions concerning the provision of
funding for a clean-up program.
In addition to the requirements stated above, a cleanup program implementing all of the
following additional incentives will qualify for up to additional $5,000 in clean up funds.
(8) The clean-up program budget must provideequal or greater matching funds for all
Navigation District funding.
(9) The applicant shall tally and report the composition and location of the waterway -
related debris, with the goal to show definitive progress in the amount of refuse
collected, a reduction in the overall debris in the waterway, or an increase in the
number of additional waterway areas included in the clean up.
(10) For each additional $1,000 in Navigation District funding, the applicant shall
coordinate a minimum of one waterway collection point or clean up area, or an
applicant can conduct an additional waterway cleanup program for the waterway
areas,
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS, History —New 3-7-11
Submitted into the public
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EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor: City of Miami
Project Title: Seybold Canal & Wagner Creek Dredging & Environ Clean-up - PH B
Project #: DA-MI-12-140
I hereby certify that the above referenced project Sponsor, as of October 01,
2012, 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 /--/H- /3 . *
Project Liaison Name:
Project Liaison Signature:
Date: d a
Mp,YK Si9\i
el= P NkteC
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
EXHIBIT D
Submitted into the public
Record for item(s) RE. 10
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FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT #:
PROJECT SPONSOR: BILLING #:
Amount of Assistance
All Funds Previously Requested
Balance Available =
Funds Requested
Less Retainage (-10% unless final)
Check Amount =
Balance Available
Less Check Amount
Balance Remaining
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "A")
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02)
FIND - Form No. 90-14
Page Two
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
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Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "A")
Certification for Reimbursement: 1 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 "A" of the Project Agreement. *
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
Submitted into the public
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EXIIIIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
http://www.aicw.ag/ctoseor:1 wap.isp
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance with
the Assistance Program Project Agreement between the Florida Inland Navigation District
and , dated
, 20 , and that all funds were expended in accordance with
Exhibit "A" and Paragraph 1 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
Submitted into the public
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EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
http://www.aicw.orp/wapapp pdf.ihtml?method=view&wapapp pdf.id=1
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1-DEC 15 ; Dec 15-Mar 1 ; Mar 1-June 15; June 15-Sep 1___
Report Due: (Dec 30) (March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
(Effective Date: 7-3 0-02)
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EXHIBIT G
ASSISTANCE PROJECT SCHEDULE
OCTOBER 2012 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2012 - First Quarterly Report Due.
MARCH 15, 2013 - Second Quarterly Report Due.
JUNE 30, 2013 - Third Quarterly Report Due.
SEPTEMBER 15, 2013 - Fourth Quarterly Report Due.
DECEMBER 30, 2013 - Fifth Quarterly Report Due.
MARCH 15, 2014 - Sixth Quarterly Report Due.
JUNE 30, 2014 - Seventh Quarterly Report Due.
NOTE: If the project will not be completed and all close out paperwork
submitted by September 1st, a request for a 1-year extension of the completion
date of the project should be submitted with the quarterly repori.
SEPTEMBER 01, 2014 - Closeout paperwork due.
SEP't.'EMBER 30, 2014 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check with check presentation to
sponsor.
NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and
prior written approval of the District. The appropriate timing for modifications to the
project cost estimate, Exhibit A, 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 13 of
the project agreement.
Submitted into the public
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EXHIBIT H
http://www.aicw.orebidsjhtml?method=listByCat id&bids.cat id=4
z_
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
Submitted into the public
Record for item(s) RE. 10
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PROJECT NO. DA-MI-13-152
This PROJECT AGREEMENT made and entered into this /�'' day of
�iw.�.,1�►„r , 20 /3 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 "B"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Seybold Canal &Wagner Creek Dredging & Environmental Cleanup Ph C. 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'S scope of work shall require written advance notice
and justification from the PROJECT SPONSOR 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, 2015, unless the PROJECT period has been extended with the prior
written approval of the DISTRICT. In no event other than a declared state of emergency that affects
the project completion shall the PROJECT period extend beyond three (3) years from October 1,
2013. The PROJECT SPONSOR acknowledges this is the only provision to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2016, and 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 dates set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than 60 days prior to the original project agreement expiration. This request will then be
considered by the DIS I RICT Board, whose decision shall be final.
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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 A and meeting the requirements of Paragraph 5 below and
shall not, in any event, exceed $1,000,000.00.
Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written
advance notice and justification from the PROJECT SPONSOR and the prior written approval of
the DISTRICT.
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 A. PROJECT COSTS must be incurred and work performed within
the PROJECT period, with the exception of pre -agreement costs, if any, consistent with Paragraph 6
below, which are also eligible for reimbursement by the DISTRICT.
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 unless previously
delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT
Board during the grant review process.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the
DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) 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
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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 A, shall be reimbursed only upon
completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with
Exhibit B: personnel, equipment, project management, administration, inspection, and design,
permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has
otherwise fully complied with the requirements of the Agreement, reimbursement for all
PROJECTS approved as Phase I projects will be made only upon commencement of construction of
the PROJECT for which the Phase I planning, designing, engineering and/or permitting were
directed, which may or may not involve further District funding. Procedures set forth below with
respect to reimbursement by the District are subject to this requirement of commencement of
construction.
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 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. 90-13 (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.
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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
Proj ect Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR or 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 proprietary authorizations, 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.
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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 prior to or
immediately following 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.
17. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the
project entrance of 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
DIS"1'RICT'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
PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the
DISTRICT where feasible, in concurrence with the DISTRICT staff s recommendations.
18. PROJECT MAINTENANCE - When and as 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 owned and
operated by project sponsor, 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. FEES — Any fees charged for this PROJECT shall be reasonable and the same for
the general public of all member counties. The PROJECT SPONSOR must demonstrate that a
minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and
improvements throughout the anticipated 25-year life of a development project or the design life of
other project types, as applicable.
20. 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
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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.
21. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
22. 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.
23. 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.
24. 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 the PROJECT SPONSOR at:
City of Miatni
Attention: Director of Grants Administration, Public Facilities
444 SW 2nd Ave, 5th Floor
Miami, FL 33130
25. 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.
26. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
27. 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
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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, PROJECT 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.
28. 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES: FLORIDA INLAND ON DISTRICT
WITNESSES:
Todd Hannon, City Clerk
it tip (13
PROJECT SPONSOR
By:
Title: Cit
DATE:
7
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
City of Miami, a municipal drpgfation
of the State of Florida
APPROVED AS TO LEGAL FORM AND APPROVE
CORRECNESS: REQUIRE
r
ctoria r endez, City Atto
AS TO I''SU
ENTS:
Calvin Ellis, Dir-ct¢r
NCE
— Risk Manage entjDepartment
Submitted into the public
Record for item(s) RE.10
on 07 09 2015 City Clerk
Exhibit A
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM 2013
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: Seybold Canal And Wagner Creek Dredging and Environmental Clean -Up Project
APPLICANT: City of Miami
Project Elements
(Please list the MAJOR project elements and
provide a general cost break out. for each one. .
For Phase 1 Projects, please list the major
elements and products expected)
Dredging, Dredging Support, Hauling
Transportation & Disposal
Quantity Estimated
Cost
(Number and/or Footage)
7,932 cubic yards @
$252.17 per cubic
yards
Applicant's Cost
$1,000,000
FIND Cost
$1,000,000
** TOTALS =
$2,000,000
$1,000,000
$1,000,000
Note: All quantities are estimates and subject to change
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
Agenda - 10 -
EXHIBIT B
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
CHAP l'ER 66B-2 - WATERWAYS ASSISTANCE PROGRAM (2012)
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-2.008 Project Eligibility
66B-2.009 Project Administration
66B-2.011 Reimbursement
66B-2.012 Accountability
66B-2.013 Acknowledgement
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects
66B-2.015 Small -Scale Derelict Vessel Removal Projects
66B-2.016 Waterways CIeanup Events
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 Section 374.976, F.S. 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 Section 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.
Rulemaking 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16?-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) "ENVIRONMENTAL PERMITS" means those perniits, proprietary authorizations, exemptions, or
general permits for construction below mean high water line of a navigable waterway required and issued
by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection,
EXHIBIT B
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
and the South Florida or the St. Johns River Water Management Districts or their successors.
(9) `EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation
District.
(10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the
applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments,
which are located within the member counties.
(12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic
arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible
waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and
economic parameters of the planning area.
(13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project.
(14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which
includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach,
Broward and Miami -Dade Counties.
(15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other
agency having legally authorized navigation related duties in waterways of the District.
(16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have
occurred prior to the execution of the project agreement.
(17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program.
(18) "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.
(19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements
or expenses for the use and benefit of the general public.
(20) "PROJECT AGREEMENT" means an executed contract between the District and a project
sponsor setting forth mutual obligations regarding an approved project.
(21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement,
adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition,
or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the
routine recurring work required to keep the project or grant item in such condition that it may be
continuously used at its original or designed capacity and efficiency for its intended purpose.
(22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the
performance of the Project and compliance with the project agreement.
(23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged
to the funded project.
(24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds
pursuant to an approved application.
(25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned
or operated by a governmental entity, or operated by a third party operator. The building or facility must
provide waterway related information, public meeting space, or educational services and be open to
members of the public on a continual basis without discrimination.
(26) "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 first come, first served basis without any
qualifying requirements such as club membership, stock ownership, or differential in price.
(27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any
publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial
or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the
District's waterways to serve the infrastructure needs of the District's waterway users.
(28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and
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budget of the District.
(29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the
Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off
Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks
or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering
or extending from said waterways.
(30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary
holistic process by which the Iearner: 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.
Rulemaktng 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, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11.
66B-2.004 Policy.
The following constitutes the policy of the District regarding the administration of the program:
(1) Financial Assistance Eligibility: 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, local and regional anchorage management, beach renourishment, public
recreation, inlet management, environmental education, maritime management plans, and boating safety
projects directly related to the waterways.
(b) Eligible local governments may also be provided financial assistance, support and cooperation in
planning and carrying out public navigation, local and regional anchorage management, beach
renourishment, public recreation, inlet management, environmental education, and boating safety projects
directly related to the waterways.
(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 fmds 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
waterway related access projects, environmental mitigation projects associated with waterway
improvement related activities, inlet channel maintenance, 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.
(d) Eligible projects shall include the acquisition and development of public boat ramps and launching
facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule
66B-2.003, F.A.C.
(2) Notification: 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.
(3) Project Approval: Approval of projects by the District shall be in accordance with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be
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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. Additionally, facilities funded in whole or in part by
program funds, shall not require a paid membership for the general public of all of the member counties as
a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in
whole or in part by program funds, however such fees shall be reasonable and shall be the same for the
general public of all of the member counties.
(5) Waterway Impacts: 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 Section 327.46(1), F.S., in determining whether to approve
the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and
management of the project for the anticipated life of the project and shall be responsible for all expenses
required for such purposes. The project shall be maintained in accordance with the standards of
maintenance for other similar local facilities and in accordance with applicable health standards. Project
facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor shall have full legal authority and financial
ability to operate and maintain the project facilities.
(7) Education Facilities and Programs: Watenvays related environmental education facilities and
programs sponsored by the District shall occur at specially designated environmental education facilities
located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental
education efforts in the least number of facilities within an area that will adequately serve the education
needs of that area of the District.
(8) Public Information Availability: 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
public.
(9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient
oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum., will
include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating
hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third
party projects shall be open to the public in accordance with this rule.
(10) Non-compliance: 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, if such non-compliance calls into question the ability of the applicant to complete the project.
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.
(11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee
must create and maintain an enterprise fund for the public project that shall plan for and retain at ail times
sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of
the previous five years of the public project's enterprise fund will be submitted as part of any subsequent
assistance program application to the District.
Rtdernaking 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, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10,
3-7-11, 3-7-12.
66B-2.005 Funds Allocation.
The Board will allocate funding for this program based upon the District's overall goals, management
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Record for item(s) RE. 10
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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 and 91-25 (a) through (f) Waterways Assistance Program Application Evaluation and Rating
Worksheet (effective date 4-24-06); and 93-25 and 93-25 (a), (b) and (c) Waterways Assistance Program
Navigation Districts Application Evaluation and Rating Worksheet (effective date 4-24-06), hereby
incorporated by reference and available from the District office.
(I) Funding Assistance Availability: 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) percent 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, or in counties that are recovering from a state of emergency declared
under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall
require, at a minimum, equal matching funds from the project sponsor, with the exception of public
navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in
accordance with subsection 66B-2.005(7) and Rule 66B-2.008, F.A.C., small-scale spoil island restoration
and enhancement projects that meet the provisions of Rule 66B-2.014, derelict vessel projects consistent
with Rule 66B-2.0015, FA.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C.
Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(1)(c), FA.C. All fmancial
assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty
percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The
District shall not contribute funding to both the state and local shares of an inlet management or beach
renourishment project.
(3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project
element prior to the execution of the project agreement unless authorized by the Board during the review
and funding approval process. Board authorization of pre -agreement expenses will be given for the
commencement of work prior to the execution of a project agreement if the Board determines that there is a
benefit to the District, its waterways or its constituents. 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 approved if they are consistent with the provisions
of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October
1st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi -year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible
project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement
expenses will be eligible for reimbursement funding from the District, except for projects approved by the
Board as multi -year projects. The Board shall consider a waiver of the limitation on pre -agreement
expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant
demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of
Chapter 66B-2, F.A.C.
(4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple
phases, have a construction time line of one year or longer, or are requesting a significant amount of
assistance funding in relation to the total assistance available for the county where the project is located,
will be reviewed and approved by the District Board for a multiple year period subject to budgeting and
allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi -year basis can be made at any time during the application review process. All
approved multi -year projects are limited to a maximum of two (2) additional funding requests.
(5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of
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inlet management and beach renourishment shall be subject to the following provisions. The District shall
contribute no more than fifty percent of the local share of the costof the project. The District shall not
contribute funding to both the state and local shares of an 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: 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 Section 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: 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 Chapter 161, F.S.
(6) Public Navigation: Projects or project elements in the category of public navigation that will
qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way
(ROW), or provide public navigation channel access to two or more public accessible launching, mooring
or docking facilities. In addition, the following shall apply:
(a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel
sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and
amount of shoaling is such that dredging will provide an improvement to the channel that will last for
twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of
shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the
dredging project.
(b) Navigation channel lighting and markers must be located on primary or secondary public
navigation channels.
All other public navigation projects or project elements must have a minimum of one facility open to the
public and will only qualify for up to fifty percent (50%) program funding. Dredging that is associated or
ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated
use.
(7) Land Acquisition: All land acquisition projects shall qualify for a maximum of twenty-five (25)
percent program funding. All pre -agreement expenses for land acquisition must be completed within one-
year of the date of application for funding. All funded land acquisition projects must construct the required
boating access facility within 7 years of completion of the land acquisition, or the District may require the
applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall
record a declaration of covenants in favor of the District stating that if the required boating access facility is
not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum
period of 25 years after completion of construction, the District shall require the applicant to refund the.
program funding.
(8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of
the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in
which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's
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
Submitted into the public
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EXHIBIT B
subsection 66B-2.005(1), F.A.C., 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.
Ruiemaidng 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, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07,
3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13.
66B-2.006 Application Process.
(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale
Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and
Waterway Cleanup Events, all applications for assistance through this program will be submitted during the
authorized submission period that shall be established by vote of the Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project
Application FIND Form Number 90-22 (effective date 4-24-06) and 93-22a, Project Information
Navigation Related Districts (effective date 4-24-06) are hereby incorporated by reference and available
from the District office. With the exception of projects eligible under the Small -Scale Spoil Island
Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway
Cleanup Events, 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 and shall include a detailed
cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program
Project Cost Estimate, (effective date 4-24-06), hereby incorporated by reference and available from the
District office. All applications for financial assistance and support through this program from navigation
related districts shall be made on FIND Form Number 93-22 (effective date 4-24-06), hereby incorporated
by reference and available from the District office, and shall include a detailed cost estimate submitted on
FIND Form No. 90-25. In addition, all applicants shall submit a complete and detailed Project Timeline
(FIND FORM No. 96-10) (effective date 4-15-07).
(3) Sponsor Resolution: 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 Form No. 90-
21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program
(effective date 10-14-92), hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: 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 5-
25-00), hereby incorporated by reference and available from the District office.
(5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the
following geographic information: A County location map, a project location map, a project boundary map,
and a clear and detailed site development map for land development projects.
(6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No.
90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make
timely arrangements for the local FIND Commissioner's review. In the absence of extenuating
circumstances outside of the applicant's control as determined by the Board of Commissioners, an
application shall not be considered complete if it dons not include the local FIND commissioner's initials
on Form No. 90-26. 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 7-30-02), and for compliance with the eligibility requirements of this rule. When an
application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant
by mail. The applicant will then have until the 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. In order to have a complete application,
the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other
information requirements identified in the Application Checklist (FIND Form Number 90-26), but such
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forms and other submitted information must be completely filled out, executed as applicable, and also
establish compliance with Chapter 66B-2, F.A.C.
(7) Interlocal Agreements: Applications that the Board determines will directly benefit the
maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range
dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway
channel as documented by the District's long range dredged material management plan, will directly
benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have
multiple funding partners including the Corps of Engineers as the project manager can qualify for project
assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S.
District staff will identify these applications and present them to the Board for their determination as to
funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -
agreement expenses, permitting and property control requirements.
(8) Application Presentations: 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. Applicants can decline to make a presentation to the Board by submitting a written
request.
(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the
applications and evaluate them using the Waterways Assistance Program Application Evaluation and
Rating Worksheets No. 91-25 (a thru f) for Waterways Assistance Program applications, and 93-25 (a, b
and c) Waterways Assistance Program Navigation Related Districts applications. The total points awarded
to each application by the Commissioners will be averaged to determine an application's 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 points and two-thirds of the Commissioners vote for reconsideration of the application.
Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications", shall
complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06).
(10) Funding Determination: The Board will hold a funding allocation meeting at which time the
Board will determine the allocation of funds, if any, to each project and the projects will be ranked by
overall average score to facilitate final funding decisions by the Board. 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.
Rulemaking 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, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-
7-11.
66B-2.0061 Disaster Relief Applications.
Disaster Relief 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 6-24-93, Amended 2-6-97,
Formerly 16T-2.0061, Amended 4-24-06.
66B-2.008 Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or
carry out public navigation and anchorage management, public recreation, environmental education,
boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial
waterway access directly related to the waterways, acquisition and development of public boat ramps,
Submitted into the public
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EXHIBIT B
launching facilities and boat docking and mooring facilities, inlet management, maritime management
planning, environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning, development, construction,
reconstruction, extension, or improvement, 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. Inlet management projects that are a benefit to public navigation in the District;
4. Public shoreline stabilization directly benefiting the District's waterway channels;
5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial
waterway access;
6. Waterway signs and buoys for safety, regulation or information;
7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching
facilities;
8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring
facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental educatiori programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront parks and boardwalks and associated improvements;
13. Maritime Management Planning;
14. Waterways boating safety programs and equipment;
15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project; and
16. Environmental restoration, enhancement or mitigation projects, and
17. Other waterway related projects.
(b) Ineligible Projects or .Project Elements. Project costs ineligible for program funding or matching
funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment,
ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related
to the waterway such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway users;
3. Roadways providing access to non -waterway users;
4. Parking areas for non -waterway users;
5. Utilities for non -waterway related facilities;
6. Lighting for non -waterway related facilities;
7. Project maintenance and maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels; and
10. Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the main eligible public
building; and
12. Conceptual project planning, including: public surveys, opinion polls, public meetings, and
organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense
list:
1. The following project costs will be eligible for program funding or as matching finding if they are
performed by an independent contractor;
EXHIBIT B
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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.
Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a
construction contract for the project, approved and executed by the project sponsor and project contractor
must be submitted to the District.
2. Marine fire -fighting vessels are eligible for a maximum of $60,000 in initial District funding.
Marine law enforcement and other vessels are eligible for a maximum of $30,000 in initial District funding.
All future, replacement and maintenance costs of the vessel and related equipment will be the responsibility
of the applicant.
3. Waterway related environmental education facility funding will be limited to those project elements
directly related to the District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects may 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 shall be
submitted along with the Phase I application for Board review.
(2) Property Control: The site of a new proposed land -based development project, with the exception
of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, 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. Existing land based development projects that are being repaired,
replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25
years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated
for public use it
(a) The property has been designated for the use for which the project is intended (even though there
may have been no formal dedication) in a plat or map recorded prior to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the property for the public
use for which the project is intended for a period of at least 30 years prior to submission of the application,
or
(c) There is no ongoing litigation challenging the designated use of the property as shown on the plat
or map, nor has there been any judicial determination contrary to the use by the public for the use shown on
the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state
and local permits, laws, proprietary authorizations and regulations in the development and operation of the
project. Applicants for construction projects that include elements that require state or federal
environmental permits or proprietary authorizations will demonstrate that all required environmental
permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration
will be by submission of the required environmental permit(s) and authorizations, or by submission of a
letter from the agency(s) stating that a permit or authorization is not required. Should the environmental
permitting element of an application that has construction elements requiring state or federal environmental
permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of
the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM
hearing, the District will not deviate from the funding schedule to accommodate any application deficiency.
(4) Public Marina Qualifications: 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
EXHIBIT B
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is physically, operationally or economically impracticable. All public marina projects funded through this
program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels.
Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas.
The public marina will be required to establish and maintain an accounting of the funds for the facility and
shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its
project life.
(5) The District may assist eligible local governments with efforts to prepare and implement a
comprehensive maritime management plan. The plan shall be utilized by the eligible government to
promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and
prioritizing the waterway access needs of the community. The plan should not duplicate any existing or
ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that
does not address the basic maritime needs of the community.
(a) The District shall participate in one plan per County. Existing plans may be updated at reasonable
intervals or amended to include waterway areas previously not included in the original effort. Public,
government, environmental, industry and other pertinent interest groups shall be solicited and included for
input in the planning process.
(b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for
the maritime needs of the community, and shall include, at minimum, the following:
1. Public boat ramp and ramp parking inventory and analysis.
2. Public mooring and docking facility analysis, including day docks and transient slips.
3. Commercial and working waterfront identification and needs analysis.
4. The identification, location, condition and analysis of existing and potential navigation channels.
5. An inventory and assessment of accessible public shorelines.
6. Public Waterway transportation needs.
7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and
restoration opportunities.
8. Economic conditions affecting the boating community and boating facilities.
9. Acknowledgment and coordination with existing data and information, including an emphasis on the
Intracoastal Waterway.
(c) Projects requested for assistance program funding shall be consistent with the applicant's maritime
management plan, The applicant should utilize the plan to assist in prioritizing waterway improvement
projects.
(6) All eligible environmental restoration, enhancement or mitigation projects as well as the
environmental restoration, enhancement or mitigation components of other types of projects shall be
required to assign the mitigation credits to the District for that share of the project funded through the
District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects
shall provide public access where possible.
(7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific
project costs.
Rulemaking 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, 5-25-00, 3-21-01, 7-30-02,
3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11, 3-7-12.
EXHIBIT B
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66B-2.009 Project Administrations.
The District will appoint a project manager who shall be responsible for monitoring the 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, who will be a member of the eligible applicant's 'staff, to
act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as
follows:
(1) Project Agreement: For each funded project, the District and the project sponsor will enter into a
project agreement. The project agreement shall be executed and returned by the project sponsor within six
(6) months of the approval of the project funding and prior to the release of program funds, 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. Any request for a one-year extension of
funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than July of fiscal year two of the approved project. This request will then be considered by the
DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into
consideration the current status and progress of the project and the ability of the applicant to complete the
project within one additional year.
(2) Matching Funds: 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.
(3) Agreement Modification: 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. 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 category, result in a reallocation of more than 35% of the approved funding of the project among
project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project
agreement amendments will not include a change to the approved project's location or a change in the
approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to
the project agreement and shall be in compliance with these rules.
(4) Project Reporting: 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. The report shall be submitted on Form 95-02, "Assistance
Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at
the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during
the project period in accordance with Rule 66B-2.011, F.A.C. 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.
(6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the
project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the date of the
beginning of the District's first fiscal year for which the project was approved. If the completion 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.
(8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide
the following to the project manager:
EXHIBIT B
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Record for item(s) RE.1O
on 07 09 2015 City Clerk
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby
incorporated by reference and available from the District office, which certifies that the project was
completed in accordance with the project agreement and the final project plans.
(b) A fmal reimbursement request accompanied by all required billing statements and vouchers.
(c) Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C.
(d) Photograph(s) of the completed project clearly showing the program improvements.
(9) Project Completion Review: 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FE History New 12-17-90, Formerly 16T-2.009,
Amended 3-21-01, 7-30-02, 3-7-11,
66B-2.011 Reimbursement.
The District shall release program funds in accordance with the terms and conditions set forth in the project
agreement. This release of program fiords shall be on a reimbursement only basis. 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. 90-14 (effective date 7-30-02) hereby incorporated by
reference and available from the District office.
(1) Authorized Expenditures: 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 will establish the 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:
(a) The percentage total of project funding that the Board has agreed to fund, or
(b) The maximum application funding assistance amount.
(2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot 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 1 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.
(3) Reimbursement Requests: 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.
(4) Retainage: The District shall retain ten percent (10%) 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.
(5) Check Presentations: A District representative shall present the final reimbursement check to the
project sponsor during a public commission meeting or public dedication ceremony for the project facility.
(6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the
project costs from another source that was not identified in the original application and that changes the
agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program
funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall
promptly notify the District of any project payments it receives from a source other than the District.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Amended 6-24-93,
Formerly 16T-2.011, Amended 3-31-99, 7-30-02, 3-7-11.
66B-2.012 Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets
EXHIBIT B
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
generally accepted accounting principles and for maintaining such financial records as necessary to
properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in
accordance with subsection 66B-2.009(4), F.A.C.
(3) Completion Certification: All required final completion certification documents and materials as
outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be submitted to the District prior to final
reimbursement of program funds.
(4) Auditing: 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) Project Records: 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) Repayment: 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. Histoty-New 12-17-90, Formerly 16T-2.012,
Amended 7-30-02.
66B-2.013 Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site
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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly I6T-2.013,
Amended 2-22-10.
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within
the District's waterways for recreational, navigational, educational, and environmental purposes. The
applicable provisions of this rule apply to these applications with the following additions or exceptions:
(1) Application Procedure - A Request for Proposals procedure will be used to request proposals for
consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals -
Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby
incorporated by reference and available from the District office. Proposals may be submitted to the District
and considered by the Board at any time during the year.
(2) Matching Finds: Small-scale spoil island restoration and enhancement may qualify for up to ninety
percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in -kind
contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C.
(3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding;
(a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil
Island Management Plans or other management plans that govern the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the Project site to
construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a
lease, interiocal agreement, use agreement or other legal form approved by the District. The applicant shall
Submitted into the public
Record for item(s) RE. 10
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EXHIBIT B
include a map clearly delineating the location of all proposed work included in the application.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the
exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County,
per fiscal year.
(b) The Project Sponsor may contribute in -kind construction labor, such in -kind construction labor
costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be
incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project expenses such as
construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be
allocated for parties, food or beverages.
(5) HoId Harmless Waiver: All volunteers, who are not government employees, shall sign a hold
harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by
reference and available from the District office,
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 7-30-02, Amended 4-24-06, 3-7-
11.
66B-2.015 Small -Scale Derelict Vessel Removal Projects.
Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's
waterways. The applicable provisions of this rule apply to these applications with the following additions
or exceptions:
(1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01
(Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06
(Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby
incorporated by reference and available from the District office. Applications may be submitted to the
District and considered by the Board at any time during the year.
(2) The District shall only fund applicants that have identified derelict vessels to be removed and have
a current bid for removal for such vessels, or have completed the removal of such vessels within the 6
months preceding the application, subject to eligibility under these program rules.
(3) The program must be sponsored by an eligible government agency or not -for -profit organization.
(4) District funding shall be limited to $20,000.00 per county, per year, provided on a reimbursement
basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with
subsection 66B-2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project completion. In no
case shall the District's cost -share contribution exceed 75% of the total project costs. In-house project
management or administration costs are not eligible costs or matching costs.
(6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003,
F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the
application
(7) The District shall be recognized when possible in all written, audio or video advertising and
promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of derelict vessels. The
District is providing program reimbursement funds only and shall be held harmless with regards to the
activities initiated by the applicant.
(9) The applicant shall be responsible for all inaintenance, management, disposal and operating
expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant
program must be reinvested into the applicant's derelict vessel removal program.
(11) The District Board shall make all fmal decisions concerning the provision of funding for this
EXHIBIT B
program.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Rulemaking Authority 374.976(2) FS. Law Implemented 374,976(1) FS. History —New 4-24-06, Amended 4-15-07, 3-25-
08, 3-7-11.
6678-2.016 Waterways Cleanup Events.
Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's
waterways. The applicable provisions of this rule apply to these applications with the following additions
or exceptions:
(1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by
means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup
locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget
clearly delineating the expenditure of all District funds, as well as the overall general budget of the event.
Proposals may be submitted to the District and considered by the Board at any time during the year.
(2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year
within a county, with exception to the provisions of subsections (8) through (10), below.
(3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a
registered not -for -profit corporation.
(4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the
provisions of subsections (8) through (10), below.
(5) The District shall be recognized in all written, on-line, audio or video advertising and promotions
as a participating sponsor of the clean-up program.
(6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the
applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags,
trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding
provided by the District shall not be allocated for parties, meetings, food or beverages.
(7) The District Board shall make all final decisions concerning the provision of funding for a clean-up
program.
In addition to the requirements stated above, a cleanup program implementing all of the following
additional incentives will qualify for up to additional $5,000 in clean up funds.
(8) The clean-up program budget must provide equal or greater matching funds for all Navigation
District funding.
(9) The applicant shall tally and report the composition and location of the waterway -related debris,
with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris
in the waterway, or an increase in the number of additional waterway areas included in the clean up.
(10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a
minimum of one waterway collection point or clean up area, or an applicant can conduct an additional
waterway cleanup program for the waterway areas.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 3-7-11.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor: City of Miami
Seybold Canal & WagnerCreek Dredging &
Project Title: Environmental Cleanup Phase c Project #: DA-MI-1 3-1 52
I hereby certify that the above referenced project Sponsor, as of October 01,
20, 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 /1 — i9-- / 3 .
Project Liaison Name: Mark Spaniolz, P.E. , CIP Director
Project Liaison Signature:
Date: Z b 2A4/1
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form. No. 95-01
New 9/9/95 (revised 7-30-02)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT RE!MBURSENIENT REQUEST FORM
PROJECT NAME: PROJECT #:
PROJECT SPONSOR: BILLING #:
Amount of Assistance
All Funds Previously Requested
Balance Available
Funds Requested
Less Retainage (-10% unless final)
Check Amount =
Balance Available
Less Check Amount
Balance Remaining
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant
FIND
(Should correspond to Vendor Name and Date Cost Cost
Cost
Cost Estimate Sheet
Categories in Exhibit "A")
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
(Effective Date 7-30-02)
FIND - Form No. 90-14
Page Two
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Submitted into the public
Record for item(s) RE,_
on 07 cn 2Q 5 City Clerk
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "A")
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 "A" of the Project Agreement. *
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree,punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
(Effective Date 7-30-02)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Sponsor:
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
http://www.aicw.org/closeout wap jsp
Project Title: Project ##:
I hereby certify that the above referenced project was completed in accordance with the
Assistance Program Project Agreement between the Florida Inland Navigation District and
, dated
20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of
the Project Agreement. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 ors. 775.083 F.S.
FIND Form No. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
http://www.aicw.org/wapapp pdf jhtml?method=view&wapapp:pdf.id=1
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1-DEC 15 ; Dec 15-Mar 1_ ; Mar 1-June 15_ ; June 15-Sep 1_
Report Due: (Dec 30) (March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
(Effective Date: 7-30-02)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT G
ASSISTANCE PROJECT SCHEDULE
OCTOBER 2013 -
DECEMBER 30, 2013 -
MARCH 15, 2014 -
JUKE 30, 2014 -
SEPTEMBER 15, 2014 -
DECEMBER 30, 2014 -
MARCH 15, 2015 -
JUNE 30, 2015 -
Project Agreement Executed, Project Initiates.
First Quarterly Report Due.
Second Quarterly Report Due.
Third Quarterly Report Due.
Fourth Quarterly Report Due.
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
Seventh Quarterly Report Due.
NOTE: If the project will not be completed and all close out paperwork
submitted by September 18, a request for a 1-year extension of the completion
date of the project should be submitted with the quarterly report.
SEPTEMBER 01, 2015 - Closeout paperwork due.
SEPTEMBER 30, 2015 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check with check presentation to
sponsor.
NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and
prior written approval of the District. The appropriate timing for modifications to the
project cost estimate, Exhibit A, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit G may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
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EXHIBIT H
http://www.aicw.or /bids.'html?method=listB Cat iabids.cat id=4
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FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. DA-MI-14-162
This PROJECT AGREEMENT made and entered into this day of
, 20 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 "B"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Seybold Canal & Wagner Creek Dredging Phase D. 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'S scope of work shall require written advance notice
and justification from the PROJECT SPONSOR 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, 2016, unless the PROJECT period has been extended with the prior
written approval of the DISTRICT. In no event other than a declared state of emergency that affects
the project completion shall the PROJECT period extend beyond three (3) years from October 1,
2014. The PROJECT SPONSOR acknowledges this is the only provision to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2016, and 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 dates set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than 60 days prior to the original project agreement expiration. This request will then be
considered by the DISTRICT Board, whose decision shall be final.
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3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty percent
(0.5%) 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 A and meeting the requirements of Paragraph 5 below and
shall not, in any event, exceed $1000000.00.
Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written
advance notice and justification from the PROJECT SPONSOR and the prior written approval of
the DISTRICT.
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 A. PROJECT COSTS must be incurred and work performed within
the PROJECT period, with the exception of pre -agreement costs, if any, consistent with Paragraph 6
below, which are also eligible for reimbursement by the DISTRICT.
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 unless previously
delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT
Board during the grant review process.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the
DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) 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
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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 A, shall be reimbursed only upon
completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with
Exhibit B: personnel, equipment, project management, administration, inspection, and design,
permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has
otherwise fully complied with the requirements of the Agreement, reimbursement for all
PROJECTS approved as Phase I projects will be made only upon commencement of construction of
the PROJECT for which the Phase I planning, designing, engineering and/or permitting were
directed, which may or may not involve further District funding. Procedures set forth below with
respect to reimbursement by the District are subject to this requirement of commencement of
construction.
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 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. 90-13 (Exhibit E), (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17 and (5) a
Final Project Report as described in Exhibit G. 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
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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.
13. STATUS REPORTS - The PROJECT SPONSOR or 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 proprietary authorizations, 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
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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 prior to or
immediately following 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.
17. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the
project entrance of 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
PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT'S
participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the
DISTRICT where feasible, in concurrence with the DISTRICT staffs recommendations.
18. PROJECT MAINTENANCE - When and as 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 owned and
operated by project sponsor, 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. FEES — Any fees charged for this PROJECT shall be reasonable and the same for
the general public of all member counties. The PROJECT SPONSOR must demonstrate that a
minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and
improvements throughout the anticipated 25-year life of a development project or the design life of
other project types, as applicable.
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20. 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.
21. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
22. 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.
23. 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.
24. 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 the PROJECT SPONSOR at:
City of Miami
Attention: Director of Grants, Capital Improvements Program
444 SW 2nd Ave, 5th Floor
Miami, FL 33130
25. 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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26. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
27. 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, PROJECT 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.
28. 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
Executive Director
DATE:
WITNESSES: PROJECT SPONSOR
By:
Title:
DATE:
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Exhibit. A
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM 2014
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: Sevbold Canal and Wagner Creek Dredging and Environmental Clean -Up Project
APPLICANT: City of Miami
Project Elements
(Please list the MAJOR project elements and
provide a general cost break out for each one.
For Phase I Projects, please list the major
elements and products expected)
Quantity or Total
Estimated Cost
(Number and/or Footage etc.)
Applicant's Cost
FIND Cost
Dredging, Dredging Support, Hauling
Transportation & Disposal
7,931 cubic yards &
$252.17 per cubic
yards
$1,000,000
$1,000,000
** TOTALS =
$ 2,000,000 $ 1,000,000 $ 1,000,000
Note:
1) All quantities are estimates and subject to change.
2) Please note that the total volume of material to be dredged in OS-6 is approximately 23,793 yd3.
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
Agenda - 10 -
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EXHIBIT B
CHAPTER 66B-2 WATERWAYS ASSISTANCE PROGRAM (2014)
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-2.008 Project Eligibility
66B-2.009 Project Administration
66B-2.011 Reimbursement
66B-2.012 Accountability
66B-2.013 Acknowledgement
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects
66B-2.015 Small -Scale Derelict Vessel Removal Projects
66B-2.016 Waterways Cleanup Events
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 Section 374.976, F.S. 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 Section 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.
Rulemaking 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 379.976(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) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or
general permits for construction below mean high water line of a navigable waterway required and issued
by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection,
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EXHIBIT B
and the South Florida or the St. Johns River Water Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation
District.
(10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the
applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments,
which are located within the member counties.
(12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic
arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible
waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and
economic parameters of the planning area.
(13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project.
(14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which
includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach,
Broward and Miami -Dade Counties.
(15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other
agency having legally authorized navigation related duties in waterways of the District.
(16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have
occurred prior to the execution of the project agreement.
(17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program.
(18) "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.
(19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements
or expenses for the use and benefit of the general public.
(20) "PROJECT AGREEMENT" means an executed contract between the District and a project
sponsor setting forth mutual obligations regarding an approved project.
(21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement,
adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition,
or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the
routine recurring work required to keep the project or grant item in such condition that it may be
continuously used at its original or designed capacity and efficiency for its intended purpose.
(22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the
performance of the Project and compliance with the project agreement.
(23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged
to the funded project.
(24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds
pursuant to an approved application.
(25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned
or operated by a governmental entity, or operated by a third party operator. The building or facility must
provide waterway related information, public meeting space, or educationalservices and be open to
members of the public on a continual basis without discrimination.
(26) "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 first come, first served basis without any
qualifying requirements such as club membership, stock ownership, or differential in price.
(27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any
publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial
or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the
District's waterways to serve the infrastructure needs of the District's waterway users.
(28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and
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EXHIBIT B
budget of the District.
(29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the
Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off
Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks
or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering
or extending from said waterways.
(30) "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.
Rulemaking Authority 374.976(2) FS. Law hnplemenled 374.976(1) FS. History -New 12-17-90, Amended 9-2-92, 2-6-
97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11.
66B-2.004 Policy.
The following constitutes the policy of the District regarding the administration of the program:
(1) Financial Assistance Eligibility: 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 cooperationin planning,
acquisition, development, construction, reconstruction, extension, improvement, operation or the
maintenance of public navigation, local and regional anchorage management, beach renourishment, public
recreation, inlet management, environmental education, maritime management plans, and boating safety
projects directly related to the waterways.
(b) Eligible local governments may also be provided financial assistance, support and cooperation in
planning and carrying out public navigation, local and regional anchorage management, beach
renourishment, public recreation, inlet management, environmental education, and boating safety projects
directly related to the waterways.
(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
waterway related access projects, environmental mitigation projects associated with waterway
improvement related activities, inlet channel maintenance, 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.
(d) Eligible projects shall include the acquisition and development of public boat ramps and launching
facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule
66B-2.003, F.A.C.
(2) Notification: The District will notify by direct mail, email and/or advertised public notice all
eligible governmental agencies of the program and the upcoming authorized submission period.
(3) Project Approval: Approval of projects by the District shall be in accordance with these rules.
(4) Project Accessibility: Facilities or programs 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. Additionally, facilities funded in whole or in part by
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EXHIBIT B
program funds, shall not require a paid membership for the general public of all of the member counties as
a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in
whole or in part by program funds, however such fees shall be reasonable and shall be the same for the
general public of all of the member counties.
(5) Waterway Impacts: 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 Section 327.46(1), F.S., in determining whether to approve
the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and
management of the project for the anticipated life of the project and shall be responsible for all expenses
required for such purposes. The project shall be maintained in accordance with the standards of
maintenance for other similar local facilities and in accordance with applicable health standards. Project
facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor shall have full legal authority and financial
ability to operate and maintain the project facilities.
(7) Education Facilities and Programs: Waterways related environmental education facilities and
programs sponsored by the District shall occur at specially designated environmental education facilities
located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental
education efforts in the least number of facilities within an area that will adequately serve the education
needs of that area of the District.
(8) Public Information Availability: 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
public.
(9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient
oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will
include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating
hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third
party projects shall be open to the public in accordance with this rule.
(10) Non-compliance: 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, if such non-compliance calls into question the ability of the applicant to complete the project.
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.
(11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee
must create and maintain an enterprise fund for the public project that shall plan for and retain at all times
sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of
the previous five years of the public project's enterprise fund will be submitted as part of any subsequent
assistance program application to the District.
Rulemaking 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, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10,
3-7-11, 3-7-12, 1-27-14.
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. Funding allocations to
navigation related districts, member counties and local governments shall be based upon the proportional
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share of the District's ad valorem tax collections from each county. 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 and 91-25
(A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date
1/2014), hereby incorporated by reference and available at:
http://www.flrules.org/Gateway/reference.asp7No=Ref-03568 and available from the District office or by
download from the District's webpage at: www.aicw.org.
(1) Funding Assistance Availability: 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) percent 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, or in counties that are recovering from a state of emergency declared
under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall
require, at a minimum, equal matching funds from the project sponsor, with the exception of public
navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in
accordance with subsection 66B-2.005(7) and Rule 66B-2.008, F.A.C., small-scale spoil island restoration
and enhancement projects that meet the provisions of Rule 66B-2.014, derelict vessel projects consistent
with Rule 66B-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C.
Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial
assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty
percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The
District shall not contribute funding to both the state and local shares of an inlet management or beach
renourishment project.
(3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project
element prior to the execution of the project agreement unless authorized by the Board during the review
and funding approval process. Board authorization of pre -agreement expenses will be given for the
commencement of work prior to the execution of a project agreement if the Board determines that there is a
benefit to the District, its waterways or its constituents. 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 approved if they are consistent with the provisions
of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October
1st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi -year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible
project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement
expenses will be eligible for reimbursement funding from the District, except for projects approved by the
Board as multi -year projects. The Board shall consider a waiver of the limitation on pre -agreement
expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant
demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of
Chapter 66B-2, F.A.C.
(4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple
phases, have a construction time line of one year or longer, or are requesting a significant amount of
assistance funding in relation to the total assistance available for the county where the project is located,
will be reviewed and approved by the District Board for a multiple year period subject to budgeting and
allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi -year basis can be made at any time during the application review process. All
approved multi -year projects are limited to a maximum of two (2) additional funding requests,
(5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of
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inlet management and beach renourishment shall be subject to the following provisions. The District shall
contribute no more than fifty percent 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 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: 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 Section 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: 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 Chapter 161, F.S.
(6) Public Navigation: Projects or project elements in the category of public navigation that will
qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way
(ROW), or provide public navigation channel access to two or more public accessible launching, mooring
or docking facilities. In addition, the following shall apply:
(a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel
sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and
amount of shoaling is such that dredging will provide an improvement to the channel that will last for
twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of
shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the
dredging project.
(b) Navigation channel lighting and markers must be located on primary or secondary public
navigation channels.
Navigation projects or project elements that have one facility open to the public will qualify for up to fifty
percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat
ramp, marina or pier) will be prioritized according to the associated use.
(7) Land Acquisition: All land acquisition projects shall qualify for a maximum of twenty-five (25)
percent program funding. All pre -agreement expenses for land acquisition must be completed within one-
year of the date of application for funding. All funded land acquisition projects must construct the required
boating access facility within 7 years of completion of the land acquisition, or the District may require the
applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall
record a declaration of covenants in favor of the District stating that if the required boating access facility is
not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum
period of 25 years after completion of construction, the District shall require the applicant to refund the
program funding.
(8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of
the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in
which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's
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
subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding
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allocated in the same fiscal year to all other local government projects funded in those counties.
Rulemaking 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, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07,
3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14.
66B-2.006 Application Process.
(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale
Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and
Waterway Cleanup Events, all applications for assistance through this program will be submitted during the
authorized submission period that shall be established by vote of the Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project
Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program
Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are
hereby incorporated by reference and available from the District office. With the exception of projects
eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale
Derelict Vessel program, and eligible Waterway Cleanup Events, 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 and the Waterway Assistance Program Project Application and Evaluation Worksheet
No, 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form
No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4-
24-06), hereby incorporated by reference and available from the District office. In addition, all applicants
shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07).
(3) Sponsor Resolution: 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 Form No. 90-
21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program
(effective date 10-14-92), hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: 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 5-
25-00), hereby incorporated by reference and available from the District office.
(5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the
following geographic information: A County location map, a project location map, a project boundary map,
and a clear and detailed site development map for land development projects.
(6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No.
90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make
timely arrangements for the local FIND Commissioner's review. In the absence of extenuating
circumstances outside of the applicant's control as determined by the Board of Commissioners, an
application shall not be considered complete if it does not include the local FIND commissioner's initials
on Form No. 90-26. 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 7-30-02), and for compliance with the eligibility requirements of this rule, When an
application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant
by mail. The applicant will then have until the 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. In order to have a complete application,
the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other
information requirements identified in the Application Checklist (FIND Form Number 90-26), but such
forms and other submitted information must be completely filled out, executed as applicable, and also
establish compliance with Chapter 66B-2, F.A.C.
(7) Interlocal Agreements: Applications that the Board determines will directly benefit the
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maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range
dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway
channel as documented by the District's long range dredged material management plan, will directly
benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have
multiple funding partners including the Corps of Engineers as the project manager can qualify for project
assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S.
District staff will identify these applications and present them to the Board for their determination as to
funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -
agreement expenses, permitting and property control requirements.
(8) Application Presentations: 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. Applicants can decline to make a presentation to the Board by submitting a written
request.
(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the
applications and evaluate them using the Waterways Assistance Program Application and Evaluation
Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points
awarded to each application by the Commissioners will be averaged to determine an application's 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 points and two-thirds of the Commissioners vote for reconsideration of the
application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief
Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06,
1/2014).
(10) Funding Determination: The Board will hold a funding allocation meeting at which time the
Board will determine the allocation of funds, if any, to each project and the projects will be ranked by
overall average score to facilitate final funding decisions by the Board, 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.
Rulemaking 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, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-
7-11, 1-27-14.
66B-2.0061 Disaster Relief Applications.
Disaster Relief 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.
Rulemaking Authority 37 4.976(2) FS. Law Implemented 374.976(1) FS. History —New 6-24-93, Amended 2-6-97,
Formerly 16T-2.0061, Amended 4-24-06.
66B-2.008 Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or
carry out public navigation and anchorage management, public recreation, environmental education,
boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial
waterway access directly related to the waterways, acquisition and development of public boat ramps,
launching facilities and boat docking and mooring facilities, inlet management, maritime management
planning, environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning, development, construction,
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reconstruction, extension, or improvement, 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. Inlet management projects that are a benefit to public navigation in the District;
4. Public shoreline stabilization directly benefiting the District's waterway channels;
5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial
waterway access;
6. Waterway signs and buoys for safety, regulation or information;
7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching
facilities;
8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring
facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront parks and boardwalks and associated improvements;
13. Maritime Management Planning;
14. Waterways boating safety programs and equipment;
15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project; and
16. Environmental restoration, enhancement or mitigation projects; and
17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection
66B-2.005(5) or (6) or subparagraphs 66B-2.008(1)(a)1.-16., F.A.C., but are located on eligible waterways
shall be considered for funding under the priority listing of "other waterway related project" and eligible
for 25% funding.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching
funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment,
ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related
to the waterway such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway users;
3. Roadways providing access to non -waterway users;
4. Parking areas for non -waterway users;
5. Utilities for non -waterway related facilities;
6. Lighting for non -waterway related facilities;
7. Project maintenance and maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels; and
10. Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the main eligible public
building; and
12. Conceptual project planning, including: public surveys, opinion polls, public meetings, and
organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense
list:
1. The following project costs will be eligible for program funding or as matching funding if they are
performed by an independent contractor:
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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.
Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a
construction contract for the project, approved and executed by the project sponsor and project contractor
must be submitted to the District.
2. Marine fire -fighting vessels are eligible for a maximum of $60,000 in initial District funding.
Marine law enforcement and other vessels are eligible for a maximum of $30,000 in initial District funding.
All future replacement and maintenance costs of the vessel and related equipment will be the responsibility
of the applicant.
3. Waterway related environmental education facility funding will be limited to those project elements
directly related to the District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects may 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 shall be
submitted along with the Phase I application for Board review.
(2) Property Control: The site of a new proposed land -based development project, with the exception
of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, 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. Existing land based development projects that are being repaired,
replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25
years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated
for public use if:
(a) The property has been designated for the use for which the project is intended (even though there
may have been no formal dedication) in a plat or map recorded prior to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the property for the public
use for which the project is intended for a period of at least 30 years prior to submission of the application,
or
(c) There is no ongoing litigation challenging the designated use of the property as shown on the plat
or map, nor has there been any judicial determination contrary to the use by the public for the use shown on
the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state
and local permits, laws, proprietary authorizations and regulations in the development and operation of the
project. Applicants for construction projects that include elements that require state or federal
environmental permits or proprietary authorizations will demonstrate that all required environmental
permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration
will be by submission of the required environmental permit(s) and authorizations, or by submission of a
letter from the agency(s) stating that a permit or authorization is not required. Should the environmental
permitting element of an application that has construction elements requiring state or federal environmental
permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of
the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM
hearing, the District will not deviate from the funding schedule to accommodate any application deficiency.
(4) Public Marina Qualifications: 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
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is physically, operationally or economically impracticable. All public marina projects funded through this
program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels.
Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas.
The public marina will be required to establish and maintain an accounting of the funds for the facility and
shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its
project life.
(5) The District may assist eligible local governments with efforts to prepare and implement a
comprehensive maritime management plan. The plan shall be utilized by the eligible government to
promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and
prioritizing the waterway access needs of the community. The plan should not duplicate any existing or
ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that
does not address the basic maritime needs of the community.
(a) Existing plans may be updated at reasonable intervals or amended to include waterway areas
previously not included in the original effort. Public, government, environmental, industry and other
pertinent interest groups shall be solicited and included for input in the planning process.
(b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for
the maritime needs of the community, and shall include, at minimum, the following:
1. Public boat ramp and ramp parking inventory and analysis.
2. Public mooring and docking facility analysis, including day docks and transient slips.
3. Commercial and working waterfront identification and needs analysis.
4. The identification, location, condition and analysis of existing and potential navigation channels.
5. An inventory and assessment of accessible public shorelines.
6. Public Waterway transportation needs.
7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and
restoration opportunities.
8. Economic conditions affecting the boating community and boating facilities.
9. Acknowledgment and coordination with existing data and information, including an emphasis on the
Intracoastal Waterway.
(c) Projects requested for assistance program funding shall be consistent with the applicant's maritime
management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement
projects.
(6) All eligible environmental restoration, enhancement or mitigation projects as well as the
environmental restoration, enhancement or mitigation components of other types of projects shall be
required to pursue and assign any available mitigation credits to the District for that share of the project
funded through the District's Assistance Program. All eligible environmental restoration, enhancement or
mitigation projects shall provide public access where possible.
(7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific
project costs.
Rulemaking 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, 5-25-00, 3-21-01, 7-30-02,
3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14.
66B-2.009 Project Administration.
The District will appoint a project manager who shall be responsible for monitoring the 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, who will be a member of the eligible applicant's staff, to
act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as
follows:
(1) Project Agreement: For each funded project, the District and the project sponsor will enter into a
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project agreement. The project agreement shall be executed and returned by the project sponsor within six
(6) months of the approval of the project funding and prior to the release of program funds, 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. Any request for a one-year extension of
funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than July of fiscal year two of the approved project. This request will then be considered by the
DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into
consideration the current status and progress of the project and the ability of the applicant to complete the
project within one additional year.
(2) Matching Funds: 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.
(3) Agreement Modification: 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. 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 category, result in a reallocation of more than 35% of the approved funding of the project among
project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project
agreement amendments will not include a change to the approved project's location or a change in the
approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to
the project agreement and shall be in compliance with these rules.
(4) Project Reporting: 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. The report shall be submitted on Form 95-02, "Assistance
Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at
the District office. A Final Project Report shall be submitted at the completion of the project and shall at
minimum include: project summary, photo of completed project, final cost, project benefits to the waterway
and location address.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during
the project period in accordance with Rule 66B-2.011, F.A.C. 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.
(6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the
project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the date of the
beginning of the District's first fiscal year for which the project was approved. If the completion 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.
(8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide
the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby
incorporated by reference and available from the District office, which certifies that the project was
completed in accordance with the project agreement and the final project plans.
(b) A final reimbursement request accompanied by all required billing statements and vouchers.
(c) Photograph(s) showing the installation of the sign required by Rule 66B-2,013, F.A.C.
Submitted into the public
Record for item(s) RE. 10
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EXHIBIT B
(d) Photograph(s) of the completed project clearly showing the program improvements.
(9) Project Completion Review: 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16T-2.009,
Amended 3-21-01, 7-30-02, 3-7-11, 1-27-14.
66B-2.011 Reimbursement.
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. 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. 90-14 (effective date 7-30-02) hereby incorporated by
reference and available from the District office.
(1) Authorized Expenditures: 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 will establish the 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:
(a) The percentage total of project funding that the Board has agreed to fund, or
(b) The maximum application funding assistance amount.
(2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot 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 1 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.
(3) Reimbursement Requests: 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.
(4) Retainage: The District shall retain ten percent (10%) 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.
(5) Check Presentations: A District representative shall present the final reimbursement check to the
project sponsor during a public commission meeting or public dedication ceremony for the project facility.
(6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the
project costs from another source that was not identified in the original application and that changes the
agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program
funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall
promptly notify the District of any project payments it receives from a source other than the District.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Amended 6-24-93,
Formerly 16T-2.011, Amended 3-31-99, 7-30-02, 3-7-11.
66B-2.012 Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets
generally accepted accounting principles and for maintaining such financial records as necessary to
properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in
accordance with subsection 66B-2.009(4), F.A.C.
(3) Completion Certification: All required final completion certification documents and materials as
Submitted into the public
Record for item(s) RE. 10
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EXHIBIT B
outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be submitted to the District prior to final
reimbursement of program funds.
(4) Auditing: 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) Project Records: 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) Repayment: 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.012,
Amended 7-30-02.
66B-2.013 Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site
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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.013,
Amended 2-22-10,
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within
the District's waterways for recreational, navigational, educational, and environmental purposes. The
applicable provisions of this rule apply to these applications with the following additions or exceptions:
(1) Application Procedure - A Request for Proposals procedure will be used to request proposals for
consideration. Proposals shall follow the format described in FIND Document #03-02, Ca11 for Proposals -
Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby
incorporated by reference and available from the District office. Proposals may be submitted to the District
and considered by the Board at any time during the year.
(2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety
percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in -kind
contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C.
(3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding:
(a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil
Island Management Plans or other management plans that govern the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the Project site to
construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a
lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall
include a map clearly delineating the location of all proposed work included in the application.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the
exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County,
per fiscal year.
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EXHIBIT B
(b) The Project Sponsor may contribute in -kind construction labor, such in -kind construction labor
costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be
incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project expenses such as
construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be
allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold
harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by
reference and available from the District office.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 7-30-02, Amended 4-24-06, 3-7-
11.
66B-2.015 Small -Scale Derelict Vessel Removal Projects.
Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's
waterways. The applicable provisions of this rule apply to these applications with the following additions
or exceptions:
(1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01
(Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06
(Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby
incorporated by reference and available from the District office. Applications may be submitted to the
District and considered by the Board at any time during the year.
(2) The District shall only fund applicants that have identified derelict vessels to be removed and have
a current bid for removal for such vessels, or have completed the removal of such vessels within the 6
months preceding the application, subject to eligibility under these program rules.
(3) The program must be sponsored by an eligible government agency or not -for -profit organization.
(4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement
basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with
subsection 66B-2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project completion. In no
case shall the District's cost -share contribution exceed 75% of the total project costs. In-house project
management or administration costs are not eligible costs or matching costs,
(6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003,
F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the
application
(7) The District shall be recognized when possible in all written, audio or video advertising and
promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of derelict vessels. The
District is providing program reimbursement funds only and shall be held harmless with regards to the
activities initiated by the applicant.
(9) The applicant shall be responsible for all maintenance, management, disposal and operating
expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant
program must be reinvested into the applicant's derelict vessel removal program.
(11) The District Board shall make all final decisions concerning the provision of funding for this
program.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 4-24-06, Amended 4-15-07, 3-25-
08, 3-7-11, 1-27-14.
66B-2.016 Waterways Cleanup Events.
Submitted into the public
Record for item(s) RE. 10
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EXHIBIT B
Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's
waterways. The applicable provisions of this rule apply to these applications with the following additions
or exceptions:
(I) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by
means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup
locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget
clearly delineating the expenditure of all District funds, as well as the overall general budget of the event.
Proposals may be submitted to the District and considered by the Board at any time during the year.
(2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year
within a county, with exception to the provisions of subsections (8) through (10), below.
(3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a
registered not -for -profit corporation.
(4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the
provisions of subsections (8) through (10), below.
(5) The District shall be recognized in all written, on-line, audio or video advertising and promotions
as a participating sponsor of the clean-up program.
(6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the
applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags,
trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding
provided by the District shall not be allocated for parties, meetings, food or beverages.
(7) The District Board shall make all final decisions concerning the provision of funding for a clean-up
program.
In addition to the requirements stated above, a cleanup program implementing all of the following
additional incentives will qualify for up to additional $5,000 in clean up funds.
(8) The clean-up program budget must provide equal or greater matching funds for all Navigation
District funding.
(9) The applicant shall tally and report the composition and location of the waterway -related debris,
with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris
in the waterway, or an increase in the number of additional waterway areas included in the clean up.
(10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a
minimum of one waterway collection point or clean up area, or an applicant can conduct an additional
waterway cleanup program for the waterway areas.
Rulemaking Authority 374.976(2) FS. Law Lnplemented 374.976(1) FS. History —New 3-7-11.
Sponsor:
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Project Title: Project #:
I hereby certify that the above referenced project Sponsor, as of October 01,
20_, 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 .*
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT #:
PROJECT SPONSOR: BILLING #:
Amount of Assistance
All Funds Previously Requested
Balance Available
Funds Requested
Less Retainage (-10% unless final)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "A")
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02)
FIND - Form No. 90-14
Page Two
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
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 "A")
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 "A" of the Project Agreement. *
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
Sponsor:
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
http://www.aicw.org/closeout wap.jsp
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance with
the Assistance Program Project Agreement between the Florida Inland Navigation District
and , dated
, 20 , and that all funds were expended in accordance with
Exhibit "A" and Paragraph 1 of the Project Agreement. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
Report Due: (Dec 30)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
http://www.aicw.org/wapapp pdfjhtml?method=view&wapappJDdf.id=1
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1-DEC 15 ; Dec 15-Mar 1_ ; Mar 1-June 15_ ; June 15-Sep 1_
(March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
(Effective Date: 7-30-02)
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT G
ASSISTANCE PROJECT SCHEDULE
OCTOBER 2014 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2014 - First Quarterly Report Due.
MARCH 15, 2015 - Second Quarterly Report Due.
JUNE 30, 2015 - Third Quarterly Report Due.
SEPTEMBER 15, 2015 - Fourth Quarterly Report Due.
DECEMBER 30, 2015 - Fifth Quarterly Report Due.
MARCH 15, 2016 - Sixth Quarterly Report Due.
JUNE 30, 2016 - Seventh Quarterly Report Due.
NOTE: If the project will not be completed and all close out paperwork
submitted by September 1st, a request for a 1-year extension of the completion
date of the project should be submitted with the quarterly report.
SEPTEMBER 01, 2016 - Closeout paperwork due.
Closeout paperwork consists of:
• Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the
project was completed in accordance with the project agreement and the final project plans.
• A final reimbursement request accompanied by all required billing statements and vouchers.
• Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C.
• Photograph(s) of the completed project clearly showing the program improvements. (jpg or of format)
• A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project
summary, final cost, and project benefits to the waterway.
SEPTEMBER 30, 2016 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check with check presentation to
sponsor.
NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and
prior written approval of the District. The appropriate timing for modifications to the
project cost estimate, Exhibit A, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit G may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT 1
http://www.aicw.org/bids.jhtml?method=listByCat id&bids.cat id=4
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
DEP AGREEMENT NO. S0774
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the CITY OF MIAMI, whose address is 444 SW 2'
Avenue, Eighth Floor, Miami, Florida 33130 (hereinafter referred to as "Grantee"), local government, to provide
financial assistance for the Wagner Creek/Seybold Canal Dredging/Restoration Project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and
"Recipient" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and remain in effect for a period of fifteen (15)
months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date
of execution through the expiration date of this Agreement. This Agreement may be amended to provide
for additional services if additional funding is made available by the Legislature.
3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of $200,000. The parties hereto understand and agree that this Agreement does not
require a match on the part of the Grantee.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. To be eligible for reimbursement, costs must be in compliance with
laws, rules and regulations applicable to expenditures of State funds, including, but not limited to,
the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment
request should be submitted to the Department no later than sixty (60) days following the
completion date of the Agreement, to assure the availability of funds for payment.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows for each deliverable;
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department' determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
DEP Agreement No. S0774, Page 1 of 7
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Record for item(s) RE. 10
on 07 09 2015 City Clerk
Grantee shall be required to reimburse such funds to the Department within thirty (30)
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts, the following provisions shall apply:
a.
b.
c.
The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals) resulting in the fixed price subcontract.
The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this instance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor.
Upon receipt of the Department Grant Manager's approval of the fixed price
amount, the Grantee may proceed in finalizing the fixed price subcontract.
All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. 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 thirty (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). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.fl d fs. com/aadir/reference%5Fzui de.
E. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program -by -
program or a project -by -project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
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 be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
DEP Agreement No. S0774, Page 2 of 7
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Record for item(s) RE. 10
on 07/09/2015, City Clerk
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s) are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during
the reporting period, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (10)
percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is
completed, all deliverables have been submitted, match requirements have been met and the Final Project
Report has been received and approved.
6. Each party hereto agrees that it shall be solely responsible for the negligent or 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 Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Depai tuient. All CAPs must be able to be implemented and performed in no more than sixty (60) days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
DEP Agreement No. S0774, Page 3 of 7
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
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 Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
19. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable
under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers,
employees, servants and agents while acting within the scope of their employment with the Grantee.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this 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 posts 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.
24. Land acquisition is not authorized under the terms of this Agreement.
25. This 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 Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
or invalid under applicable 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
Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0774, Page 6 of 7
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
PLEASE SEE ATTACHED
REQUIRED SIGNATURES PAGE 7A
By:
Title: *
Date:
FEID No.: 59-6000375
By:
Secretary or designee
Date: ) `j/6 �—
DEP Contracts Administrator
Approved as to form and legality:
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (1 Page)
Attachment B Payment Request Summary Form (2 Pages)
Attachment C Contract Payment Requirements (I Page)
Attachment D Progress Report Form (1 Page)
Attachment E Special Audit Requirements (5 Pages)
DEP Agreement No. S0774, Page 7 of 7
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
THE CITY OF MIAMI, FLORIDA
(SEAL)
APPROVED AS TO LEGAL FORM AND
CORRE TNESS:
By:
Victoria Mendez, City Atto ney
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
By: cl
Daniel J. Alfon'so7C.
APPROVEI%7AS TO ICE
RE Q 4 I IMENT
Ann-M ie Sha pe, Director
Risk nage ent Department
DEP Agreement No.S0774, Page 7A of 7
14-2780, Wagner Creek/Seybold Cana, Dredging Restoration Project
RECEIVED
APR 012015
Florida Coast Ole
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT A
PROJECT WORK PLAN
Project Title: The Wagner Creek/Seybold Canal Dredging/Restoration Project
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Project Location: The Wagner Creek/Seybold Canal is a tributary of the Miami River. The Miami River flows into the Biscayne
Bay Aquatic Preserve, and the Atlantic Ocean
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Project Background: The Wagner Creek/Seybold Canal Restoration Project will enable the City of Miami to responsibly dredge
these waterways, which are designated as an Area of Critical State Concern and an impaired water body.
Wagner Creek, which merges into the Seybold Canal, receives stormwater runoff from the surrounding C-6 Basin. This project
qualifies as a priority water body identified in the South Florida Water Management District Surface Water Improvement and
Management Plan for Biscayne Bay (1995; 2003). Wagner Creek, a 303(d) listed water body, and Seybold Canal, an Outstanding
Florida Water that is part of the Biscayne Bay Aquatic Preserve, will provide critical stormwater conveyance through a densely
populated urban area. Historical stormwater discharge into Wagner Creek and Seybold Canal has resulted in elevated sediment
concentrations of dioxins, total PAHs, and metals. These sediments can also be a source of nitrogen and phosphorus to the water
column. It should be noted that Water quality impairments within Wagner Creek have been verified using the Impaired Surface
Waters Rule (IWR) and include copper, mercury (in fish tissue), coliforms (fecal and total), and dioxin (in fish tissue). In addition,
the Draft Walk the WBID Exercise for Wagner Creek (WBID 3288A) was completed by the Florida Department of Environmental
Protection in February 2011 and focused on the identification of potential sources of fecal coliform impacting Wagner Creek.
Removal of the debris from Wagner Creek during the project will contribute to coliform reduction (86% of in -stream concentrations)
as identified by the Total Maximum Daily Load for Wagner Creek in order to meet the State of Florida water quality standards.
Removal of these contaminated sediments, accumulated over time from non -point sources, will reduce future contaminant loadings
downstream into the Miami River which drains a considerable portion of the City of Miami. Dredging of Wagner Creek has been
identified as an action item in the process to improve water quality in the Miami River (MRC, 2002). The City of Miami and Miami -
Dade County have been implementing or completed stormwater and drainage -related action items as noted in the Miami River Basin
Water Quality Improvement Report (MRC, 2002), including retrofitting old positive drainage systems in remaining areas of the
Miami River, rebuilding downtown storm sewers, and conducting Flagami/West End storm sewer improvements.
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Project Description: The dredging/restoration project will result in the removal of approximately 127,994,000 lbs. (-64,000 tons)
of contaminated sediment, improving the water quality conditions of Wagner Creek and Seybold Canal and reducing the pollutant
load on the Miami River and Biscayne Bay. In addition, the project will result in the removal of approximately 3,630 tons of sediment
containing dioxin (>_ 1 ppb), 470 pounds of sediment containing mercury and 42,484 pounds of sediment containing copper during
the restoration project. Mass reductions of the primary nutrient pollutants within Wagner Creek and Seybold Canal during this one
time dredging event would be 31,932 pounds of total nitrogen and 383 pounds of total phosphorus. Dredging the waterways will
have many positive impacts to Miami's local communities and South Florida's natural aquatic resources. The project will remove
harmful contamination (i.e., dioxins), mitigate flooding to adjacent basins by increasing the stormwater conveyance of the waterway,
improve navigation along the Seybold Canal, increase safety and provide new economic development opportunities in an area that is
currently environmentally and economically impaired.
Task 1: Dredging/Restoration
Description: Conduct dredging of contaminated soils in the Wagner Creek and Seybold Canal waterways to reduce pollution within
the Miami River and Biscayne Bay.
Deliverable: Grantee will submit a copy of all permits and waste manifests as confirmation of work performed.
Timeline for completion: Task 1 will be completed in month 15.
Contractual: $200,000 (DEP Funding)
Performance Standard: The Department's Grant Manager will review photographs, waste manifests, and the regulatory agency
sign off of the work performed to ensure that all work is completed in accordance with the Department, Army Corp, and DERM
permits.
Revised 6/13
DEP Agreement S0774, Attachment A, 1 of 1
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee:
Mailing Address:
DEP Agreement No.: S0774
Date Of Request:
Task/Deliverable Amount
Requested:$
Grantee's Grant Manager:
Payment Request No.:
Performance
Period:
Task/Deliverable
No.:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End -of -Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$N/A
$N/A
$N/A
$N/A
Fringe Benefits
$N/A
$N/A
SN/A
$N/A
Travel (if authorized)
$N/A
$N/A
$N/A
SN/A
Subcontracting:
Contractual
$
$
$
$
Equipment Purchases
$N/A
$N/A
$N/A
$N/A
Supplies/Other Expenses
$N/A
$N/A
$N/A
$N/A
Land
$N/A
$N/A
$N/A
$N/A
Indirect
SN/A
$N/A
SN/A
$N/A
TOTAL AMOUNT
$
$
$
$
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
$
$
Less Total Cumulative Payment
Requests of:
$
$
TOTAL REMAINING IN TASK
$
$
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature
Print Name
Telephone Number
Grantee's Fiscal Agent
Print Name
Telephone Number
DEP 55-223 (03/12)
DEP Agreement No. S0774, Attachment B, Page 1 of 2
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for
which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current
Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on
the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the
total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT
REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK
BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The fmal request should show the total of all requests; first
through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you
are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task
you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant
Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the
"TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous
match claimed on the "LESS' TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The fmal report should show the
total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP 55-223 (03/12)
DEP Agreement No. S0774, Attachment B, Page 2 of 2
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In-house charges:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/reference euide.htm
DEP 55-219 (05/2008)
DEP Agreement No. S0774, Attachment C, Page 1 of 1
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
S0774
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0774 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. S0774, Attachment D, Page 1 of 1
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP'; "FDEP" 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 attachment.
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.
1. In the event that the recipient expends $500,000 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 Attachment 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.
3. If the recipient expends less than $500,000 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 $500,000 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 interne at http://12.46.245.173/cfda/cfda.html.
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 1 of 5
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state fmancial 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.
2. 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), 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 $500,000 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 $500,000 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 https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck 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(8), 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
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment 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:
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 2 of 5
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinaleAudit(adep.state.fl.us
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 loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
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 at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinnleAudit a,dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSineleAudit@dep.state.fl.us
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 3 of 5
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
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 Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
5. 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.
PART V: RECORD RETENTION
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 4 of 5
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
EXHIBIT —1
• FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Agreement
General Revenue Trust
Fund, Line Item 1668A
2014-2015
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$200,000.00
140047
Total Award
$200,000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cf'da/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-215 (06/14)
DEP Agreement No. S0774, Attachment E, Page 5 of 5
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT NO. 4
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Committed Sources of Funds
Funding
Sources
Project Name
City of
Miami
Protect #
Funding
Sources Project
Number
Award
Amount
City Match
Total
Florida Inland
Navigation
District
(FIND)
Seybold
Canal and
Wagner
Creek
Dredging and
Environ Clean
Up Phase B
B-50643
DA-MI-12-140
$700,000.00
50%
$700,000.00
$1,400,000.00
Florida Inland
Navigation
District
(FIND)
Seybold
Canal and
Wagner
Creek
Dredging and
Environ Clean
Up Phase C
B-50643
DA-MI-13-152
$ 1,000,000.00
$1,000,000.00
$2,000,000.00
Florida Inland
Navigation
District
(FIND)
Seybold
Canal and
Wagner
Creek
Dredging and
Envlron Clean
Up Phase D
B-50643
DA-MI-14-162
$1,000,000.00
$1,000,000.00
will use the
Sate Revolving
Loan Funds
State Revolving
Loan Funds
State of
Florida;
Department
of
Environment
al Protection
(FDEP)
Wagner
Creek/Seybol
d Canal
Dredging
Restoration
Project
B50643
S0774
$200,000.00
N/A
$200,000.00
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
FLORIDA _¢^ INLAND
-s.
NAVIGATION DISTRICT
COMMISSIONERS
E. TYLER CHAPPELL
CHAIR
BROWARD COUNTY
J. CARL BLOW
VICE -CHAIR
ST. JOHNS COUNTY
DONALD J. CUOZZO
TREASURER
MARTIN COUNTY
JONATHAN S. NETTS
SECRETARY
FLAGLER COUNTY
AARON L. BOWMAN
DUVAL COUNTY
T. SPENCER CROWLEY, III
MIAMI-DADE COUNTY
PAUL U. DRITENBAS
INDIAN RIVER COUNTY
CHARLES C. ISIMINGER
PALM BEACH COUNTY
GAIL KAVANAGH
ST. LUCIE COUNTY
SUSANNE McCABE
VOLUSIA COUNTY
JERRY H. SANSOM
--MEMO-COUNTY
—BREVARO COUNTY
FLORIDA INLAND NAVIGATION DISTRICT
August 20, 2014
Lillian Blondet
City of Miami
444 S.W. 2nd Avenue, 5th Floor
Miami, FL 33130
RE: Seybold Canal & Wagner Creek Dredging - Phase B,
Project #DA-MI-12-140;
Project Agreement Extension
Dear Ms. Blondet:
On August 16, 2014 the District's Board of Commissioners approved your
requested time extension to complete your Waterways Assistance Project(s).
All extensions are for a one (1) year period, ending on September 30, 2015.
On or before September 01, 2015, you must submit your final closeout
paperwork to complete this project.
I am enclosing two originals of a Project Extension Agreement Amendment for
your execution. Please read this agreement carefully and execute and return
both agreements to me for final execution by the Board. One fully executed
original will be returned to you for your records.
Should you have any questions or need additional information please contact
me.
LYNN A. WILLIAMS
NASSAUCOUNTY Sincerely,
MARK T. CROSLEY
EXECUTIVE DIRECTOR
JANET ZIMMERMAN
ASSISTANT EXECUTIVE
DIRECTOR
Janet Zimmerman
Assistant Executive Director
Attachment: Project Extension Agreement
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 561-627..3386 FAX No. 561.624-6480
www,aicw.oF0
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
FLORIDATNLAND
NAVIGATION , DISTRICT
COMMISSIONERS
GAIL KAVANAGH
CHAIR
ST. LUCIE COUNTY
FLORIDA INLAND NAVIGATION DISTRICT
October 07, 2013
Ms. Lillian Blondet
Director of Grants Administration
Public Facilities
City of Miami
444 SW 2nd Ave, 5th Floor
Miami, FL 33130
E.TYLERCHAPPELL RE: Seybold Canal &Wagner Creek Dredging & Environmental Cleanup Ph C
VICE -CHAIR Project # DA-MI-13-152
BROWARDCOUNTY
DONALD J. CUOZZO
SECRETARY
MARTIN COUNTY
J. CARL BLOW
TREASURER
ST, JOHNS COUNTY
AARON L. BOWMAN
DUVAL COUNTY
T. SPENCER CROWLEY, III
MIAMI-DADE COUNTY
PAUL U. DRITENBAS
INDIAN RIVER COUNTY
CHARLES C. ISIMINGER
PALM BEACH COUNTY
Dear Ms. Blondet:
Enclosed for signature are two original project agreements for your approved
Waterways Assistance Program project for fiscal year 2013-2014. Once they
have been executed, please return both originals to me for execution by the
District. When returning the agreements, you MUST include an executed
Exhibit C, Matching Funds Form. DO NOT SEPARATE THE ATTACHMENTS
FROM THE AGREEMENT. Incomplete agreements will not be executed,
SUSANNE McCABE
VOLUSIA COUNTY I will return one fully executed complete original agreement to you for your
JONATTHHARN SS. NETTS files. Please be sure to refer to the listed project number in all future
FLANTY
JERRYH.SANSOM correspondence and communication regarding this project. Should you have
--------JE R Y H. COUNTY -- -
-any-questions-please contact -me. _- - — -- . __. _
LYNN A. WILLIAMS
NASSAU COUNTY
Sincerely,
MARK T. CROSLEYEXECUTIVEDIRECTOR
DIRECTOR
JANET ZIMMERMAN
ASSISTANT EXECUTIVE
DIRECTOR
Janet Zimmerman
Assistant Executive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 561-627-3386 FAX No. 561-624-6480
www.aicw.org
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
COMMISSIONERS
E. TYLER CHAPPELL
CHAIR
BROWARO COUNTY
J. CARL BLOW
VICE•CHAIR
ST. JOHNS COUNTY
DONALD J. CUOZZO
TREASURER
MARTIN OOUNTY
JONATHAN S, NETTS
SECRETARY
FLAMER COUNTY
AARON L, BOWMAN
DUVALCOUNTY
T. SPENCER CROWLEY,111
ML MI.OAOE COUNTY
PAUL U; DRITENBAS
INDIAN RIVER COUNTY
CHARLES C. ISIMINGER
PALM BEACFfCOUNTY
GAIL KAVANAGH
ST. LUCIE COUNTY
SUSANNE MaCABE
VOLUSIA COUNTY
JERRY1{ SANSOM -
BREVARD COUNTY
LYNN A. WILLIAMS
NASSAU COUNTY
MARK T. CROSLEY
EXECUTIVE DIRECTOR
JANET ZIMMERMAN
ASSISTANT EXECUTIVE
DIRECTOR.
FLORIDA INLAND NAVIGATION DISTRICT
October 3, 2014
Ms. Lillian Blondet, Director of Grants
Capital Improvements Program
City of Miami
444 SW 2nd Ave, 5th Floor
Miami, FL 33130
RE: Seybold Canal & Wagner Creek Dredging Phase D
Project # DA-MI-14-162.
Dear Ms. Blondet:
Enclosed for signature are two original project.agreernents for your approved
Waterways Assistance Program project for fiscal year 2014-2015. Once they
have been executed, please return bothoriginals to me for•execution by the
District. When returning the agreements, you' M.USTIinolude.•an.executed
Exhibit ..C,:Matching Funds Form. DO. NOT SEPARATE THE ATTACHMENTS
FROM THE AGREEMENT. Incomplete agreements.wlll,not be -executed.
I will return one fully executed complete original agreement to you for your
Files. Please be sure to refer to the listed' project number in all future
correspondence and communication regarding this project. 'Should .you have
-any-questions please contact -me. ---
Sincerely,
Janet Zimmerman
Assistant Executive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 661.627-3386 FAX No. 661-624-6480
www,alcw,org _
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
MARIORY STONEMAN DOUGLAS BUILDING
3900 COMMONWEALTH BOULEVARD
TALLAIIASSEE, FLORIDA 32399-3000
November 18, 2014
Mr. Robert Weinreb
City of Miami
444 SW 2"d Avenue, 8th Floor
Miami, Florida 33130
Re: DEP Agreement Number S0774
Wagner Creek/Seybold Canal Dredging/Restoration Project
Dear Mr. Weinreb:
RICK scull -
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
HERSCHEL T. VINYARD JR.
SECRETARY
With regard to the above -captioned grant project, enclosed for your signature are two
original grant agreements, together with appropriate attachments. Please have the
agreements signed by the chief elected official, agency head or president of the grant
recipient and partner entity, depending on the type of organization. If the agreement is
signed by someone other than the designated official, you must provide a delegation of
authority for that person to execute grant agreements for the agency. Failure to have the
agreements signed by the appropriate official or to provide a written delegation of
authority may delay commencement of the project.
Please make every effort to return the signed agreements by November 26th for
execution by the Department of Environmental Protection. Nook forward to working
with you in the coming year. If you have any questions about the agreement, please do
not hesitate to contact me at (850) 245-2102. Otherwise, I shall look forward to receiving
the executed documents at your earliest opportunity. Pleasereturn them to my_atte n io_n. _
Ramona Turner
Contract Manager
Florida Coastal Office / DEP
Enclosure
www. dep,statefl, us
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
ATTACHMENT NO. 5
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
Lago, Jose
From: Jackson, Robin Jones
Sent: Friday, March 06, 2015 6:18 PM
To: Bravo, Alice; Spanioli, Mark; Rodriguez, Jeovanny; Lago, Jose; Casamayor, Fernando;
Fernandez, Jose M.; Rose, Christopher; Augustin, Miguel; Michel, Leon
Cc: Mendez, Victoria; Min, Barnaby; Suarez -Rivas, Rafael; Dooley, Rachel S.; Velez, Pablo;
Ruiz, Joseph A.; Gomez, Marta; Mickens, Tania
Subject: FW: Wagner Creek/Seybold Canal State Revolving Loan Application
Attachments: Amendment No. 1 - Wagner-Seybold Waterways Project,pdf
Categories: Red Category
Legal Authorizations Attachment to City of Miami Application ("Application") for State Revolving Loan ("Loan") for
Wagner Creek/Seybold Canal Project ("Project"):
Pursuant to City Commission Resolution No. 14-0257, adopted July 10, 2014 (copy attached and incorporated), the City
Manager is legally authorized as the City's representative to submit the Application with final legal authorization of loan
terms, conditions, and documents contingent upon final City Commission approval.
#6 — AVAILABILITY OF PLEDGED FUNDS and #7 AUTHORIZATION AND ASSURANCES:
Upon forwarding by the State Revolving Loan Fund of final documents for the Project, City Manager is already
authorized and directed by Resolution No. 14-0257 to return to the City Commission for final City Commission approval
of:
(A) Particular pledged revenues to repay the loan; and
(B) The right to increase rates, if necessary, at which such pledged revenues shall be collected to repay the loan;
and
(C) Subordination of the pledge if such pledged revenues are subject to a prior or parity lien; and
As discussed with Jose Lago and with the City Attorney, please attach this email and Resolution No. 14-0257 in response
to the Legal Authorization questions of #6 and #7 of the Application for the Loan for the Project.
Thank you for your continued thoughtful assistance.
Robin Jones Jackson, Senior Assistant City Attorney
City of Miami Office of the City
Attorney
Telephone: 305-416-1853
Facsimile: 305-416-1801
rjones-Jackson@miamigov.com
Assistant: Tania Mickens 305-416-1820
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail
might contain legally privileged and confidential information. If you properly received this e-mail as a client or
retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should
the intended recipient forward or disclose this message to another person or party, that action could constitute
a waiver of the attorney -client privilege. If the reader of thls message is not the intended recipient, or the agent
responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender and to do so might constitute a
violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
1
Submitted into the public
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on 07/09/2015, City Clerk
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original
message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the
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2
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
City of Miami
Master Report
Enactment Number: R-14-0257
City Hall
3500 Pan Amerlcan Drive
Miami, FL 33133
www.mlamlgov.com
File Number:
Version:
File Name:
Requester:
14-00639 File Type: Resolution Status: Passed
2 Reference: Controlling Body: Office of the City
Clerk
Amendment #1 - Wagner/Seybold Waterways Project Introduced: 6/25/2014
Department of Capital Cost: Final Action: 7/10/2014
Improvement
Programs/Transportation
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
AN INCREASE TO THE AGREEMENT WITH CH2M HILL CONSTRUCTORS, INC., FOR THE
WAGNER CREEK AND SEYBOLD CANAL WATERWAYS PROJECT, FOR ADDITTIONAL
SERVICES, IN AN AMOUNT NOT TO EXCEED $2,409,588,19, THEREBY INCREASING THE
AWARD VALUE FROM $1,000,000.00 TO AN AMOUNT NOT TO EXCEED $3,409,588,19;
ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO.
B-50643; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOW THE CITY TO SUBMIT
AN APPLICATION FORA STATE OF FLORIDA REVOLVING LOAN TO OBTAIN ADDITIONAL
PROJECT FUNDING CONTINGENT UPON ACCEPTANCE BY THE CITY COMMISSION;
FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO COMMENCE
WITH PHASE II OF THE PROJECT AND TO EXECUTE AMENDMENT NO, 1 TO THE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE,
Sponsors:
Notes:
Indexes:
Attachments: 14-00639 SummatyForm,pdf,14-00639 Back -Up Documents,pdf,14-00639 Legislation.pdf,14-00639
Exhibit SUB,pdf,14-00639-Subnuttal-Brett Bibeau,pdf,
--History of Legislative File
Version: ActIng Body:
Date:
Action:
Sent To:
Due Date: Return Date: Result:
1 Office of the City 7/9/2014
Attorney
2 City Conunission 7/10/2014
2 Office of the Mayor 7/17/2014
2 Office of the City Clerk 7/18/2014
2 Office of the City 8/6/2014
Attorney
Action Note:
Reviewed and
Approved
ADOPTED WITH
MODIFICATIONS
Signed by the Mayor Office of the City
Clerk
Signed and Attested
by City Clerk
Reviewed and
Approved
Modifications made by law
Pass
City of Miami Page 1 Printed on 3/6/2015
Submitted into the public
Record for item(s) RE. 10
on 07/09/2015, City Clerk
City of Miami
Legislation
Resolution: R-14-0257
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov,com
File Number; 14-00639
Final Action Date: 7/10/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AN INCREASE TO THE AGREEMENT WITH CH2M HILL
CONSTRUCTORS, INC., FOR THE WAGNER CREEK AND SEYBOLD CANAL
WATERWAYS PROJECT, FOR ADDITIONAL SERVICES, IN AN AMOUNT NOT TO
EXCEED $2,409,588.19, THEREBY INCREASING THE AWARD VALUE FROM
$1,000,000.00 TO AN AMOUNT NOT TO EXCEED $3,409,588,19; ALLOCATING
FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO.
B-50643; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOW THE CITY
TO SUBMIT AN APPLICATION FOR A STATE OF FLORIDA REVOLVING LOAN TO
OBTAIN ADDITIONAL PROJECT FUNDING CONTINGENT UPON ACCEPTANCE
BY THE CITY COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO
EXERCISE THE OPTION TO COMMENCE WITH PHASE II OF THE PROJECT AND
TO EXECUTE AMENDMENT NO, 1 TO THE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE,
WHEREAS, the City of Miami ("City") issued a Request for Letters of Interest No. 05-06-090, to
develop a short list of qualified firms and a Request for Information No, 05-06-090, to enter into
competitive negotiations for the provision of Environmental and Dredging Services and Dredging for
the Wagner Creek and Seybold Canal Waterways Project ("Project"); and
WHEREAS, pursuant to Resolution No. 07-0482, adopted September 11, 2007, the City
Commission authorized the execution of an Agreement for Dredging Services ("Agreement") with
CH2M Hill Constructors, Inc., ("CH2M Hill") for the Project, in the amount of $917,381.00 for the work,
plus a owner contingency amount of $82,619.00, for a total not to exceed award value of
$1,000,000,00; and
WHEREAS, the Agreement provided for the execution of a Phase 11 Option for the Construction
Phase services for the Project subject to City Manager and City Commission approval; and
WHEREAS, it is now necessary to amend the Agreement to exercise the Phase II Option for •
construction support services related to the removal and disposal of contaminated sediments for
Wagner Creek and Seybold Canal; and
WHEREAS, Amendment No. 1 increases the Agreement in the amount of $2,409,588:19, for a
total not to exceed award value of $3,409,588,19; and
WHEREAS, said Amendment No. 1, attached and Incorporated, further authorizes the City to
exercise the option to commence with Phase II of the Project and amend the scope of work for
additional services to include project planning and support, design criteria package preparation,
proposal evaluation and construction support services, a copy of which is attached as the CHM2 Hill
Proposal, "Exhibit 1" ("PartAand Part B"), attached and Incorporated; and
City of Miami Page 1 of 2 File Id: 14-00639 (Version: 2) Printed On: 3/6/2015