The URL can be used to link to this page

Home My WebLink About24246AGREEMENT INFORMATION AGREEMENT NUMBER 24246 NAME/TYPE OF AGREEMENT FLORIDA INLAND NAVIGATION DISTRICT DESCRIPTION PROJECT AGREEMENT AMENDMENT/SEWELL PARK - PHASE I - SEAWALL/SHORELINE STABILIZATION/FILE ID: 5495/R-19-0108 EFFECTIVE DATE ATTESTED BY NICOLE EWAN ATTESTED DATE 12/19/2022 DATE RECEIVED FROM ISSUING DEPT. 1 /31 /2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 CITY OF MIAMI DOCUMENT ROUTING FORM * ixcoRv9 HMO * 1896 Q' L 0 1O File No: OCI 21126 ORIGINATING DEPARTMENT: Office of Capital Improvements DEPT. CONTACT PERSON: EXT: Charles McKinnon/Hector Badia 1289/1236 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Inland Navigation District (FIND) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT INVOLVED AMOUNT: $ 408,595.00 FUNDING INVOLVED $ ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT To execute grant agreement amendment for a one-year extension to FIND contract number DA-MI-20-257 Sewell Park Seawall Shoreline Phase I, OCI project number B-193519 COMMISSION APPROVAL DATE: 03/14/2019 FILE ID: 5495 ENACTMENT NO.: R-19-0108 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR December 16, PRINT: Hector Badia, 2022 I 10:06,i-i-DESTigned SIGNATURE: Interim Director by: L SUBMITTED TO RISK MANAGEMENT December 16, PRINT: ANN-MARIE, MriNATit)RR7:4tr ITM . ,—DocuSigned by: atw4ti7 SUBMITTED TO CITY ATTORNE,:w Y S (--�, December 16, 2022 December 16, 13:12:08 PRINT: VICT01214. Zp�� I�A4 51(iNATUK19 EST ahignedby '_F 1EF90AF6FE0457... SST , December 16, PRINT: NZERIBE Ph.D. 2022 I 21: 58:Ijgjt SIGNATURE: IHEKWABA, P.E., ,—DocuSigned by: l l it, (1 k Waa `-45F9436AFE4045s... APPROVAL BY DEPUTY CITY MANAGER RECEIVED BY CITY MANAGER December 17, PRINT: ART NORIEGA, glINgrth10 V DocuSigned by: :Wri.EfO,,- December 27, PRINT: A9M-T M PRINT: SIGNATURE: PRINT: DazA... . -gtogc9 pined by: -). C E4607560DCF1459... 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT Docu Sign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 City of tams Arthur Noriega, V City Manager May 3, 2022 Janet Zimmerman, Assistant Executive Director Florida Inland Navigation District 1314 Marcinski Rd Jupiter, Florida 33477 Re: Sewell Park Seawall Shoreline Stabilization & Baywalk, Phase I; Project Number DA- MI-257; Funding Amount: $408,595.00; FIND Completion Date: September 30, 2022 Dear Ms. Zimmerman: On February 24, 2021, the City entered an agreement with FIND to sponsor the above referenced project. In accordance with the terms and conditions of the agreement, the City of Miami respectfully requests a one-year extension of time for the above referenced agreement. During the design and permitting process, it was discovered that changes in site conditions warrant a design modification that will require additional time to update the construction documents and obtain the permits required for construction. For this reason, the additional one-year extension will allow the City to complete Phase I design and permitting activities by September 30, 2023. Your approval to extend the grant agreement would be gratefully appreciated. Should you have any questions, please contact my office via telephone or email. Sincerely, Digitally signed by Badia, Hector Date: 202 2.05.26 13:15:05 -04'00' Hector Badia Interim Director Capital Improvements C: Jorge L. Mora, OCI Diego Clavijo, OCI Marisol Martinez, OCI Charles McKinnon, OCI OFFICE OF CAPITAL IMPROVEMENTS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531CA5C3 PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #DA-MI-20-257, Sewell Park - Phase I - Seawall/Shoreline Stabilization between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and City of Miami hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT on or before September 30, 2023 and submit all required payment reimbursement information by November 15, 2023. Pursuant to Chapter 374.976(2) F. S., the PROJECT period cannot extend beyond three (3) years from October 1, 2020 and therefore this PROJECT must be completed by September 30, 2023, unless the completion of the PROJECT has been delayed by a declared State of Emergency and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. 3. All other terms and conditions of the original PROJECT AGREEMENT shall remain in effect and unmodified. 4. COUNTERPARTS / ELECTRONIC SIGNATURES. This Amendment to the PROJECT 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 PROJECT AGREEMENT Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (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 parties an original signed Amendment upon request. DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531CA5C3 In WITNESS WHEREOF, the parties have hereunto set their hands and seals this ‘. [111-` o [1.20 Attest: Attest: I/IIfI1II////////IIIII/11/If/I/I/I/1//1///I F.I.N.D. City of Miami See Attached Signature Page CONTRACT ADMINISTRATOR DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531CA5C3 FIND Sewell Park Sea►►all Shoreline Stabilization PROJECT AGREEMENT DA-MI-20-257 AMENDMENT Signature Page ATTES BY DocuSigned by: 144icy December 27, --• ! ULJCI.1AS�f . Todd'L-Hannon, City Clerk (Affix City Seal) CITY OF MIAMI, a municipal corporation of the State of Florida ^DocuS1gr. by: 2022 64. 464504er December 17, 2022 I 12:33:21 EST Approved by City Attorney as to legal form and correctness: (---QocuSignad by: t L BYE t o-�•� i- JDecember 16, Fl tyll`SFb-EtTl5/ Victoria Mendez, City Attorney 6S 4Fu .areuuarx Art ur oriega V, City Manager Approved as to Insurance Requirements: Gousic,.. by: 202ihi. rifINA112 U1) 2730SCt3:112%4E7 Ann -Marie Sharpe Director, Risk Management December 16, 2022 110:17:42 EST December 16, 2022 1 13:12:08 EST DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. DA-MI-20-257 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 4 day of F'0A6,1- , 20021 by and between the Florida Inland Navigation District (hereinafter the "DISTIfC'T"). and the City or'Miami. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein. the parties agree as follows: I. PROJECT - Subject to the provisions of this AGREEMENT and Rule 66B-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"). the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Sewell Park Seawall Shoreline Stabilization & Bavwalk. Phase I. Said PROJECT is more specifically described in Ole PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Anv 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 30, 2022 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board. whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2023. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30. 2022. and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than Fifty percent (50%) ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible 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 out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $408,595.00. 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 the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, 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 this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 66B-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. 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 MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than 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 AGREEMENT unless previously 2 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 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 payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit 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 this AGREEMENT, reimbursement for a PROJECT approved as Phase I project 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 ASSISTANCE 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 Section 18, and (5) a Final Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation 3 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. 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. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief, and for purposes of determining whether to grant an 4 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section 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 AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT 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 this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this 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, Assistance Program Project Quarterly Status Report). 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. Assistance Project Schedule, 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 applicable 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. 16. PARKING FACILITIES -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. 17. 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 from the 5 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 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. 18. 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 section 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 types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible. in concurrence with the DISTRICT staffs recommendations. 19. 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 the 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. 20. 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. 21. 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 6 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 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. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. 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. 24. WAIVERS - Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. 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, Grants Administration, Office of Capital Improvements 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 26. 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. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 28. 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 7 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 SPONSOR transfers ownership or management of the PROJECT to a part) or parties not now a part of this AGREEMENT, 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. 29. ENTIRE UNDERSTANDING - This AGREEMENT. including anv 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. 30. Counterparts and Electronic Signatures - 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 parties an original signed Agreement upon request. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: WITNESSES: (See Signature Page) FLORIDA INLAND NAVIGA I ION DISTRICT By: Date: Executive Director —21-l— 2—L1Z l City of Miami By: (See Signature Page) Title: (See Signature Page) Date: (See Signature Page) 8 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 ATTEST: Todd Hannon, `Cty eferk (Affix City Seal) Signature Page CITY OF MIAMI, a municipal corporation of tl State of Florida BY: ur Noega V, City Manager Approved by City Attorney Approved as to as to legal form and correctness: Insurance Requirements: Digitally signed by Min, Minr Ba rnaby Barnaby Date: 2021.02.17 15:10:16 B Y :-05'00' Victoria Mendez, City Attorney BY: Digitally signed by Terry M. Quevedo Date: 2021.02.16 13:45:19-05'00' Ann -Marie Sharpe Director, Risk Management 9 DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) Project Title: Sewell Park — Phase 1— Seawall/Shoreline Stabilization and Baywalk Applicant: City of Miami Project Elements (Please list the MAJOR project elements and provide general costs 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 (To the nearest $50) FIND Cost (To the nearest $50) Design $759,000 $379,500 $379,500 Testing and surveying $50,600 $25,300 $25,300 Permitting $7,590 $3 795 $3 795 Ineligible Administrative Fees $310,347 $310,347 $0 **TOTALS = $1,127,537 $718,942 $408,595 FoNo. 90-25 (New 10/14/92, Revised 04-24-06) DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 AGENDA ITEM SUMMARY FORM File ID: #5495 Date: 02/13/2019 Commission Meeting Date: 03/14/2019 Type: Resolution Subject: FIND Grants - Sewell Park Purpose of Item: Requesting Department: Office of Grants Administration Sponsored By: District Impacted: District 1 A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to submit an application for reimbursement grant funding to the Florida Inland Navigation District ("FIND") Waterways Assistance Program, in an amount not to exceed $408,595.00, for the design and permitting of a seawall, riverwalk and kayak launch at Sewell Park — Phase 1 ("Project"); in the event of the award, authorizing the allocation of the required matching funds for fifty percent (50%) of the project eligible costs, in an amount not to exceed $408,595.00 plus $310,347.00 in City non - reimbursable administrative costs, for a total project cost of $1,127,537.00; further authorizing the City Manager to execute any other necessary documents for the submission of said grant application, the execution of grant or deed agreements and amendments, modifications, renewals, and extensions, and the acceptance of grant funds in the event of the award of the grant for fiscal year 2019-2020. Background of Item: The Office of Grants Administration is seeking City Commission authorization to apply for $408,595.00.00 in grant funding from the Florida Inland Navigation District (FIND) for the design and permitting of a seawall, riverwalk and kayak launch at Sewell Park. The item includes language by Rule 66B-2, Florida Administrative Code, for grant submittal to the Waterways Assistance Program as well as eligible project costs and city non - reimbursable administrative costs. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $1,127,537.00 ($408,595.00 Find Match & $718,942.00 City Cost) OCI Project No: 40-B193519 Office of Grants Administration Lillian P Blondet Reviewed B Department Head Review Completed 02/13/2019 4:39 PM DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Yvette Smith Christopher M Rose Sandra Bridgeman Valentin J Alvarez Nikolas Pascual Xavier Alban Barnaby L. Min Barnaby L. Min Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Rendered Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Clerk Completed Completed 03/05/2019 10:20 AM 03/05/2019 11:42 AM 03/05/2019 12:41 PM 03/05/2019 1:45 PM 03/05/2019 3:46 PM 03/05/2019 4:56 PM 03/05/2019 6:31 PM 03/05/2019 6:31 PM 03/14/2019 9:00 AM 03/25/2019 1:46 PM 03/25/2019 2:36 PM 03/25/2019 2:36 PM DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 City of Miami Legislation Resolution Enactment Number: R-19-0108 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5495 Final Action Date:3/14/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHT THOUSAND, FIVE HUNDRED NINETY-FIVE DOLLARS ($408,595.00) FOR THE DESIGN AND PERMITTING OF A SEAWALL, RIVERWALK, AND KAYAK LAUNCH PHASE 1 AT SEWELL PARK ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. WHEREAS, the City of Miami ("City") wishes to design and permit a seawall, riverwalk, and kayak launch at Sewell Park ("Project"); and WHEREAS, the total cost of this phase of the Project is estimated not to exceed One Million, One Hundred Twenty -Seven Thousand, Five Hundred Thirty -Seven Thousand Dollars ($1,127,537.00); and WHEREAS, grant funding is potentially available from the Florida Inland Navigation District ("FIND") for this Project pursuant to FIND Rule 66B-2, Florida Administrative Code ("F.A.C."); and WHEREAS, the City wishes to apply for reimbursement grant funding from FIND for an amount not to exceed Four Hundred Eight Thousand, Five Hundred Ninety -Five Dollars ($408,595.00), or fifty percent (50%) of the total eligible Project cost; and WHEREAS, in the event of an award, the City wishes to allocate required matching funds in an amount not to exceed Four Hundred Eight Thousand, Five Hundred Ninety -Five Dollars ($408,595.00), or fifty percent (50%) of the total eligible Project cost, plus an additional amount not to exceed Three Hundred Ten Thousand, Three Hundred Forty - Seven Dollars ($310,347.00) towards non -reimbursable administrative costs as defined in FIND Rule 66B-2.008, F.A.C. for a total amount not to exceed Seven Hundred Eighteen Thousand, Nine Hundred Forty -Two Dollars ($718,942.00); and WHEREAS, in the event of an the award, the appropriation of funds for both eligible and non -reimbursable administrative costs shall be by separate Resolution from funds available under Office of Capital Improvements ("OCI") Project No. 40-B193519 or other legally available funding sources; DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to submit an application, in a form acceptable to the City Attorney, for reimbursement grant funding to FIND Waterways Assistance Program for an amount not to exceed Four Hundred Eight Thousand, Five Hundred Ninety -Five Dollars ($408,595.00) for the Project and to execute any and all necessary documents, all in a form acceptable to the City Attorney, in connection with the submission of said grant application. Section 3. The City Manager is further authorized' to accept grant funds in the event of award of the grant for Fiscal Year 2019-2020 without the need for further City Commission approval and to execute, in a form acceptable to the City Attorney, grant or deed agreements, amendments, modifications, renewals, and extensions in order to implement this Resolution. Section 4. The City Commission further certifies to FIND the following matters: (1) The City accepts the terms and conditions set forth in FIND Rule 66B-2, F.A.C., which outlines the Waterways Assistance 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 the 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 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 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 ten percent (10%) of the funding agreed to by FIND. Section 5. In the event of an award, the City Manager is authorized' to accept, allocate, and appropriate reimbursement grant funding, in an amount not to exceed Four Hundred Eight Thousand, Five Hundred Ninety -Five Dollars ($408,595.00), without the need for further City Commission approval and to allocate required matching funds and other Project funds, in a total amount not to exceed Seven Hundred Eighteen Thousand, 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 Nine Hundred Forty -Two Dollars ($718,942.00), from OCI Project No. 40-B193519 or other legally available funding sources. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby I_. Min, Deputy City Attorney 3/5/2019 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2019 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Miami is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Miami and the State of Florida: Project Title - Sewell Park - Phase 1 - Seawall, Riverwalk and Kayak Launch Total Estimated Cost $ 1,127,537.00 (including $310,347.00 in City administration non — reimbursable cost. Brief Description of Project: The City of Miami ("City") is seeking funding for the design and permitting of a seawall, baywalk and kayak launch at Sewell Park Phase 1. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Miami (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Miami (Name of Agency) make application to the Florida Inland Navigation District in the amount of eligible 50% of the actual cost of the project in behalf of said City of Miami (Name of Agency) AND, be it further resolved by the City of Miami (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 3. That it 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 said City of Miami for public use. (Name of Agency) 4. That it will not discriminate against any person on the 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 relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it 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. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Miami City Commission at a legal meeting held on this 14t1i day of March 2019 Attest Signature City Manager Title Title (2) FormNo. 90-21 (Effective date 12-17-90, Rev. 10-14-92) DocuSign Envelope ID: 236E2D2D-3002-422E-9FD4-4935531 CA5C3 COMMISSIONERS DON DONALDSON CHAIR ST. LUCIE COUNTY J. CARL BLOW VICE -CHAIR ST. JOHNS COUNTY MICHAEL O'STEEN TREASURER DUVAL COUNTY FRANK GERNERT SECRETARY BROWARD COUNTY T. SPENCER CROWLEY, III MIAMI-DADE COUNTY DONALD J. CUOZZO MARTIN COUNTY CHARLES C. ISIMINGER PALM BEACH COUNTY SUSANNE McCABE VOLUSIA COUNTY JON NETTS FLAGLER COUNTY JERRY H. SANSOM BREVARD COUNTY LYNN A. WILLIAMS NASSAU COUNTY VACANT INDIAN RIVER COUNTY MARK T. CROWLEY EXECUTIVE DIRECTOR JANET ZIMMERMAN ASSISTANT EXECUTIVE DIRECTOR FLORIDA INLAND NAVIGATION DISTRICT To: Local Governments From: Janet Zimmerman, Assistant Executive Director Subject: 2019 Waterways Assistance Program Date: December 17, 2018 Attached is an application package for the District's 2019 Waterways Assistance Program (WAP). The WAP application can also be downloaded from our website: www.AICW.org Through WAP over the past 33 years, the District has provided a total of over $231 million in funding assistance to local governments within our District to perform waterways improvement projects. Project types eligible for funding include public navigation, public waterway access facilities, waterfront parks, environmental education and boating safety projects directly related to the waterways. The District also provides grants for land acquisition which include opportunities for waterway access. Generally, ineligible costs include project maintenance, landscaping, in-house staff and reoccurring fees. Please see the program rules for more details on project eligibility. The funding level of this year's program will be determined in July based upon the availability of funding to the District and the quality and number of applications received. Applications are due in the District office by 4:30 PM, March 29, 2019. Your application must be discussed with your local FIND Commissioner prior to March 4, 2019. The application must be initialed by the Commissioner prior to submission to the District office on March 29 2019. Please see the application package for the complete program schedule and the name and address of your Commissioner. An electronic copy (pdf) may be emailed to JZimmerman@aicw.org. or a completed hardcopy of the application may be delivered to: FIND, 1314 Marcinski Rd., Jupiter, FL 33477. Application must be received by the deadline, no exceptions. Only the requested information should be submitted. Do not submit "extra" information, dividers or binders. It is VERY important that the application forms remain in the same 8.5 x 11", paginated format, and the forms must be presented in the order listed on the application checklist. Applications that do not follow the program directions, rules, or the application format may be rejected. Please review the application checklist and be sure you can provide all of the required items. If you cannot provide ALL of the items on the application checklist, please contact staff immediately for advice on the potential resolution of a required item. Any application failing to include the required application items (with the exception of environmental resource permits & exemptions) will be eliminated from consideration on May 24, 2019. There is no waiver or exception available for this deadline. Solving questions or problems prior to the preparation and submission of your application will save us both time and effort and result in a more successful application. 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 Olivera, Rosemary From: Bastidas, Carolina Sent: Tuesday, January 31, 2023 9:34 AM To: Olivera, Rosemary; Hannon, Todd; Lee, Denise; LegalServices Cc: McKinnon, Charles Subject: RE: Executed FIND Grant Extension Agreement for Sewell Park_B193519 Attachments: Executed FIND Grant Extension Agreement_DA-MI-20-257 Sewell Park.pdf Good Morning, Please see the attached per your request. Thank you, MIAIi I €OPEvEP Carolina Bastidas Administrator -Consultant City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8t" Floor Miami, Florida 33130 Office: (305) 416-1018 Email: cbastidas@miamigov.com From: Olivera, Rosemary <ROlivera@miamigov.com> Sent: Monday, January 30, 2023 3:47 PM To: Bastidas, Carolina <CBastidas@miamigov.com>; Hannon, Todd <thannon@miamigov.com>; Lee, Denise <DLee@miamigov.com> Cc: McKinnon, Charles <CMcKinnon@miamigov.com> Subject: RE: Executed FIND Grant Extension Agreement for Sewell Park_B193519 Good afternoon Carolina, The original document attested was a total of 24 pages. This document is only 4 pages. The City Clerk's Office will need the complete document for our records. ROSEMARY OLIVERA CITY CLERK'S OFFICE MIAMI CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FL 33133 305-250-5365 ROLIVERA@MIAMIGOV.COM From: Bastidas, Carolina <CBastidas@miamigov.com> Sent: Monday, January 30, 2023 3:25 PM 1 To: Hannon, Todd <thannon@miamigov.com>; Olivera, Rosemary <ROlivera@miamigov.com>; Lee, Denise <DLee@miamigov.com> Cc: McKinnon, Charles <CMcKinnon@miamigov.com> Subject: Executed FIND Grant Extension Agreement for Sewell Park_B193519 Good Afternoon, Please see the attached executed grant agreement per your request. Thank you, MiAMi0C1 VIL DING MIAMI FOIRE%' Carolina Bastidas Administrator -Consultant City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Office: (305) 416-1018 Email: cbastidas@miamigov.com