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HomeMy WebLinkAbout25676AGREEMENT INFORMATION AGREEMENT NUMBER 25676 NAME/TYPE OF AGREEMENT FLORIDA INLAND NAVIGATION DISTRICT DESCRIPTION GRANT AGREEMENT/SMALL-SCALE SPOIL ISLAND RESTORATION & ENHANCEMENT PROGRAM PROJECT # SI- DA-M I-23-02/F I L E ID: 16548/R-24-0428/MATTER ID: 25-1892 EFFECTIVE DATE July 22, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/17/2025 DATE RECEIVED FROM ISSUING DEPT. 7/23/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL AGREEMENT Small -Scale Spoil Island Restoration and Enhancement Program PROJECT # SI-DA-MI-23-02 This Agreement is entered into this .(9 day of " , 2025 by and between the FLORIDA INLAND NAVIGATION DISTRICT ("FIND" or the r[STR!CT") and The City of Miami (the "PROJECT SPONSOR"). WHEREAS, PROJECT SPONSOR has requested that FIND provide a portion of the assistance needed for the debris management and cleanup under the Small -Scale Spoil Island Restoration and Enhancement program for Pace Picnic Island, a Spoil Island in Miami -Dade County, (the "Project"); and WHEREAS, FIND is willing to provide such assistance for the improvement or restoration of the Atlantic Intracoastal Waterway's spoil islands in Miami -Dade County subject to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties -hereby agree as follows: - 1. Subject to the provisions of this Agreement, PROJECT SPONSOR shall coordinate the work for the Project. . 2. The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT. The PROJECT SPONSOR shall complete the PROJECT and submit all required payment reimbursement information within two (2) years following the date of Agreement approval unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from the date of Agreement approval. Any request for a one-year extension of funding beyond the two-year expiration date set forth in this paragraph shall require submittal by the PROJECT SPONSOR of a written request for extension to the DISTRICT no later than three (3) months prior to the existing Agreement expiration date. 3. FIND shall provide an amount not to exceed $20,000.00 for the components of the project set forth on the attached Exhibit "A" (with FIND paying the PROJECT SPONSOR up to ninety percent (90%) of the amount actually expended for each component, up to the amount listed on Exhibit "A" for said component) which expenses shall also be in compliance with the District's policy for the Small -Scale Spoil Island Restoration and Enhancement program (Exhibit «B» 4. Project Costs shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form 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. The funds to be provided by FIND to the PROJECT SPONSOR hereunder will be paid within thirty (30) days of receipt by FIND of a request for payment reimbursement accompanied by supporting documentation showing expenditures equal or greater to the amount being sought from FIND. 5. 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 C). Photographs shall be submitted when appropriate to reflect the work accomplished. The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, project photos, final cost, and project benefits to the waterway. 6. PROJECT SPONSOR shall, upon request by FIND, provide a report of final expenses incurred on the Project. The PROJECT SPONSOR shall also retain all records supporting costs of the Project for three (3) years after the end of the fiscal year in which the Project is completed, except that such records shall be retained by 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. 7. If PROJECT SPONSOR shall fail to fulfill in a timely and proper manner the obligations under this Agreement, or if PROJECT SPONSOR shall violate any of the covenants, terms, or stipulations of this Agreement, FIND shall thereupon have the rights to terminate this Agreement. Notwithstanding the above, PROJECT SPONSOR shall not be relieved of liability for damages or expenses as contemplated herein sustained by FIND by virtue of any breach of the Agreement by PROJECT SPONSOR. 8. Any notice or other written communications between PROJECT SPONSOR and FIND shall be considered delivered when posted by certified mail or delivered in person to the respective party at the address indicated below: To FIND: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attention: Executive Director To the PROJECT SPONSOR: City of Miami 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Attention: Director of Grants 9. This instrument embodies the entire agreement of the parties. There are no provisions, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation or agreements, either verbal or written between the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. 10. This Agreement shall be interpreted and construed pursuant to the laws of the State of Florida. In the event of any litigation arising hereunder, each party shall bear its own costs and attorney's fees. The venue of any such litigation shall be had only in the courts of Miami -Dade County, Florida. 11. 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. Neither party may assign this Agreement nor any interest hereunder without the express prior written consent of the other party. 12. 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. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. FLORIDA INLAND NAVIGATION DISTRICT By: DATE: utive Director 14-2/4s-- PROJECT SPONSOR By:PLEASE SEE SIGNATURE PAGE BELOW_ Title: ///////////////////////////////////////////////////// DATE: ///////////////////////////////////////////// ATTES CITY OF MIAMI, FLORIDA SIGNATURE PAGE For City of Miami FIND Grant Project # SI-DA-MI-23-02 CITY OF MIAMI, a municipal corporation of the State of Florida C46U7S661XX1459 — "6—PWFv`C372D0.42A Todd B. Hannon, City Clerk/Date DardSigned by: c—QatuSiyned by. c � , 2025 I 18N;00 E(]Yrt6Ar (ytt e. July 17, 2025 I 16:16:17 EDT Arthur Noriega v, city Manager/Date APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: ;,..; 25-1892 Ducu5pned 4y: LitW7, 2025 Fe778E88245@ George K. Wysong III City Attorney/Date REQUIREMENTS: --Signed/I by: 09:59:18 EDT�A QI IQW"2 July 16, 2025 1 13:29:39 EDT `.—SARA126CAC49476. David Ruiz, Interim Director Date Risk Management Exhibit A City of Miami PACE Spoil island Grant Budget Costs FIND City of Miami Pace Island $ 22,222.00 $ 20,000.00 $ 2,222.00 Total Costs $ 22,222.00 $ 20,000.00 $ 2,222.00 Partnering with the Aquatic Control Group, the initiative will involve bi-weekly cleanings and additional services during peak boating season, costing $750 per week. EXHIBIT "B" FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE SPOIL ISLAND RESTORATION AND ENHANCEMENT PROGRAM RULES (Chapter 66B-2.014) 2023 The following constitutes the rules of the Florida Inland Navigation District regarding the District's contracting for small-scale spoil island restoration and enhancement program projects for the waterways within the District. As these projects occur on lands controlled by the District or that are adjacent to District properties, these projects will provide land and water management and maintenance benefits to the District. Preference will be given to Proposers who will contribute money or in -kind services for the restoration and enhancement project (the "Project") over and above the funding to be provided by the District. Any entity so selected (the "Project Sponsor") will enter into the District's standard agreement for restoration and enhancement projects. (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 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 $20,000 per project, not to exceed $60,000 per County, per fiscal year. (b) The Project Sponsor may contribute in -kind construction labor; such in -kind construction labor costs will be valued at the Independent Sector estimated national value of each volunteer 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, trash removal and management, sign installation, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. In addition: 1. The District shall be recognized in all written, audio or video advertising and promotions as a participating sponsor of the Project. In addition, a sign shall be installed on the Project site acknowledging the District's participation in the Project and a Final Project Report (1-2 pages to include: project name and address, project summary, project photos, final cost, and project benefits to the waterway) shall be submitted to the District. 2. The District Board shall make all final decisions concerning the provisions of funding for a project. PROJECT NO. EXHIBIT C SPOIL ISLAND AGREEMENT PROJECT QUARTERLY STATUS REPORT PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-DEC 31 Jan 1-Mar 31 April 1-June 30 July 1-Sep 30 Report Due: (Jan 15) (April 15) (July 15) (Oct 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02a EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE SPOIL ISLAND RESTORATION & ENHANCEMENT PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT #: PROJECT SPONSOR: BILLING #: Amount of Assistance Funds Previously Requested Balance Available Funds Requested Less Retainage (10% - unless final invoice) Jr - 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") 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 (Pease use an additional sheet if necessary) Date From: Janet Zimmerman To: Aleixo, Raraella Subject: RE: FIND agreements for Pace Picnic Spoil Island and Willis Spoil Island Date: Tuesday, July 15, 2025 4:21:06 PM Attachments: image001.onq imaae007.onq imaae009.onq imaoe012.onq imaae019.onq imaae020.onq imaae025.onq imaae026.onq 25-1892 SI-DA-MI-23-Q2 Pace Picnic Sooli Island agreement 7_82025 DGS.pdf 24-2357K - SI-DA-MI-23-03 Willis 5ooil 1sIar d agreement 7.8.2025 DGS.i df CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Rafaella, FIND is okay with the revised agreement language and signature page. Thanks Respectfully, Janet Zimmerman, Executive Director Florida Inland Navigation District From: Aleixo, Rafaella <RAleixo@miamigov.com> Sent: Tuesday, July 15, 2025 3:52 PM To: Janet Zimmerman <Zimmerman@aicw.org> Subject: RE: FIND agreements for Pace Picnic Spoil Island and Willis Spoil Island Hi Janet, good afternoon! I just gave you a call at the number on your signature, if you are available, can you please give me a call at 305-416-1314? Regards, Rafaella Aleixo Assistant to the Director City of Miami Parks & Recreation Department 444 SW 2nd Avenue, 8th Floor, Miami, FL 33130 (305) 416-1314 raleixo©miarnigov,com www_miamigov.com/parks Follow us on social media From: Janet Zimmerman <j•{sn;rrerrt',.an Ftairm.nr> City of Miami Resolution R-24-0428 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16548 Final Action Date: 10/24/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S SUBMITTAL OF AN APPLICATION FOR THE ACCEPTANCE OF GRANT FUNDING FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") SMALL-SCALE SPOIL ISLAND RESTORATION & ENHANCEMENT PROGRAM FOR THE DEBRIS MANAGEMENT PROJECT AT WILLIS ISLAND AND PACE PICNIC ISLAND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER AUTHORIZING THE REQUIRED CITY MATCH IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND DOLLARS ($4,000.00) TO BE PROVIDED AS IN -KIND SERVICES AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025 IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00) FOR EACH SPOIL ISLAND LOCATION FOR AN AGGREGATE AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. SPONSOR(S): Commissioner Damian Pardo, Commissioner Joe Carollo, Commissioner Christine King WHEREAS, Willis Island is positioned near the Brickell area at coordinates: 25.749724, - 80.174143 and Pace Picnic Island is positioned just offshore of the Edgewater and Upper Eastside districts at coordinates: 25.798421, -80176837 (collectively, "Spoil Islands") in the City of Miami ("City"); and WHEREAS, the City wishes to enhance, upkeep, and remove debris from the Spoil Islands ("Project") ; and WHEREAS, the total cost of this Project is estimated not to exceed an amount of Forty Four Thousand Dollars ($44,000.00); and WHEREAS, grant funding is potentially available from the Florida Inland Navigation District ("FIND"); and WHEREAS, the City applied for reimbursement grant funding from the FIND Small -Scale Spoil Island Restoration & Enhancement Program in the amount not to exceed Forty Thousand Dollars ($40,000.00) ("Grant Funds"); and City of Miami Page 1 of 3 File ID: 16548 (Revision:) Printed On: 11/5/2024 File ID: 16548 Enactment Number: R-24-0428 WHEREAS, the City wishes to allocate required matching in -kind services in an amount not to exceed Four Thousand Dollars ($4,000.00) ("City Match"), or ten percent (10%) of the total Project cost, as defined in FIND Rule 66B-2.014, F.A.C.; and WHEREAS, in the event of the award, the appropriation of funds for both eligible and non -reimbursable administrative costs shall be by separate, future Resolution from funds available or other legally available funding sources; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager's submittal of an application for the reimbursement Grant Funds, in a form acceptable to the City Attorney, to the FIND Small -Scale Spoil Island Restoration & Enhancement Program for an amount not to exceed Forty Thousand Dollars ($40,000.00) for the Project is retroactively ratified, confirmed, and approved. Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, all in a form acceptable to the City Attorney, in connection with the submission of the grant application. Section 4. The City Manager is further authorized' to allocate the required City Match in in -kind services and accept the Grant Funds in the event of an award for Fiscal Year 2024 — 2025 without the need for further City Commission approval and to negotiate and execute, all in forms acceptable to the City Attorney, grant or deed agreements, amendments, modifications, renewals, or extensions in order to implement this Resolution. - Section 5. The City certifies to FIND the following matters: (1) The City accepts the terms and conditions set forth in FIND, which outlines the Small Spoil Island Restoration & Enhancement Program and which will be a part of the Project Agreement for any assistance under this proposal; (2) The City is in complete accord with the proposal and agrees to carry out the Project in the manner described in the proposal and any plan and specifications attached thereto, unless prior approval for any change has been received from FIND; (3) The City has the ability and intention to finance its share of the cost of the Project and that the Project will be operated and maintained at the expense of the City for public use; (4) The City will not unlawfully discriminate against any person on basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 16548 (Revision:) Printed on: 11/5/2024 File ID: 16548 Enactment Number: R-24-0428 relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements; (5) The City agrees to maintain adequate financial records for the proposed Project to substantiate claims for reimbursements; and (6) The City will make available to FIND, if requested, a post -audit of expenses incurred on the Project prior to, or in conjunction with, request for the final (10%) of the funding agreed to by FIND. Section 6. In the event of the award, the City Manager is authorized' to accept, allocate, and appropriate the Grant Funds without the need for further City Commission approval and to allocate the required City Match and other Project funds to be budgeted and appropriated by separate, future Resolution at the time of need from available funds or other legally available funding sources. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge'.Wy;ngIII. C y Or - v 10/15/2024 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 16548 (Revision:) Printed on: 11/5/2024 Olivera, Rosemary From: Aleixo, Rafaella Sent: Wednesday, July 23, 2025 11:23 AM To: Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Cc: Zapata, Elizabeth Subject: FIND Agreements: Willis Spoil Island Agreement and Pace Picnic Spoil Island Agreement Attachments: 24-2357K SI DA MI 23 03 Willis Spoil Island agreement 7.8.2025 DGS signed.pdf; 25-1892 SI-DA-MI-23-02 Pace Picnic Spoil Island agreement 7.82025 DGS (Signed).pdf Good Morning, Please find attached a fully executed copy of the agreement from DocuSign that is to be considered an original agreement for your records. Regards, Rafaella Aleixo Assistant to the Director City of Miami Parks & Recreation Department 444 SW 2' Avenue, 8th Floor, Miami, FL 33130 (305) 416-1314 raleixo@miamigov.com www.miamigov.com/parks c»o Follow us on social media 1