HomeMy WebLinkAbout24375AGREEMENT INFORMATION
AGREEMENT NUMBER
24375
NAME/TYPE OF AGREEMENT
FLORIDA INLAND NAVIGATION DISTRICT
DESCRIPTION
PROJECT AGREEMENT/LITTLE RIVER MINI PARK SEAWALL
& KAYAK LAUNCH PH II DA-MI-22-277/FILE ID: 11401/R-22-
0095/MATTER I D : 22-3391
EFFECTIVE DATE
March 15, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/6/2023
DATE RECEIVED FROM ISSUING
DEPT.
4/21/2023
NOTE
DOCUSIGN AGREEMENT BY EMAIL
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Office of Capital Improvements
DEPT. CONTACT PERSON:
Charles McKinnon/Hector Badia
File No: OCI 23011
EXT:
12789/1236
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
Florida Inland Navigation District (FIND)
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? El YES ® NO
TOTAL CONTRACT INVOLVED AMOUNT: $375,058.00 FUNDING INVOLVED $ ® YES El NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
Ir.! PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
El EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF
SUMMARY)
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
El LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
FIND Grant DA-MI-22-277 for Little River Mini -Park Seawall and Kayak launch
Phase II OCI Project number 40-B19350
COMMISSION APPROVAL
DATE:
March 10, 2022 FIELD ID: 11401 ENACTMENT NO.: R-22-0095
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,
PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
February 26,
SUBMITTED TO RISK MANAGEMENT
PRINT: HECTOR BADIA
INTERIM DIRECTOR DccuSkgnedby:
2023 I 17:30:24 EST jy�
SIGNATURE: ` 138ACAB636B542B_
February 27,
SUBMITTED TO CITY ATTORNEY us
February 28, Og 116:02:57 ES
/February 28,
APPROVAL BY ASSISTANT CITY MANAGER
RECEIVED BY CITY MANAGER
March
PRINT: ANN-MARIE SHARPE
ma4T :�7:11 EST
rDocuSkgnad by:
FratAk a61iits?
a2 neeete1i1C7
PRINT: VICTORIA MENDEZ
ailal4T J4:41 EST
r—DeauSignad by:
PRINT: NZERIBE IHEKW'IBAAEF9OAF8FEa4sa
4, 2023 1 13:03:32 EST
SIGNATURE:
PRINT: ART NORIEGA
March 6, 202
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
SIG?il$1I EST
PRINT:
SIGNATURE:
March 6, 2021 PRI ?:11:15 EST
SIGNATURE:
� DOCu$kpryGd by:
N�yt vil�t, Uataittlitt
�5*
�DoaaSignad by:
4 hie
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Hannon, Todd scosr�c°k"'
DoeuSkgbed by:
E461)7560DCF1459
PRINT:
_SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. DA-MI-22-277
This PROJECT AGREEMENT ("AGREEMENT") made and entered into this j
day of 14',e-cA-k. , 20t3 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 (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 Little River Mini Park Seawall & Kayak Launch PI-1 [1. Said
PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance
Application, which is on tile at the D1STRICT's 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 30, 2024 ("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, 2025. The PROJECT SPONSOR acknowledges this is the only
provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond
September 30, 2024, and that any extension of funding beyond this date shall be at the sole discretion
of the DISTRICT.
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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 $375,058.00.
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
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DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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
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DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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 was 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 equitable
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DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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
he 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 focal 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 thirty (30) years from the completion
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DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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 30-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
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DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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, Office of Grants Administration
444 SW 2nd Ave, 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
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DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part
of this AGREEM ENT, 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 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.
30. COUNTERPARTS / ELECTRONIC SIGNATURES. This document 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 CONTRACT/AGREEMENT. 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 CONTRACT/AGREEMENT upon request.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES:
Print name:
Print name:
FLORIDA INLAND VTGATION DISTRICT
By:
1`I
Ex uth'e D'
Date: C 37/6Z3
City of Miami
By: /////See Signature Page Below/////
Title: //////////////////////////////////////
Date:///////I////llll/Clllll/J////////J//
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
Li i i i.r. ru v rtircr. ,EAWALL & KAYAK PHASE II OCI
PROJECT NUMBER 40-B193501 FLORIDA INLAND NAVIGATION
DISTRICT AGREEMENT DA-MI-22-277 AMENDMENT
ATTEST:
00499I9ned by:
1' `
Fdi 6, 2023
BY: E46D7569DCF1459...
Todd Hannon. City Clerk
DocuSigned by:
{Aff, eal)
Approved by City Attorney
as to legal form and correctness:
BY: iOocuS, j, d by:
147-"L
Signature Pate
CITY OF MIAMI, a municipal
corporation of the State of Florida
1—DacuSi it by:
1 18 :11: 15AFtWoneT.
BY:
March 6, 2023 1 15:53:39 EST
Arthur Noriega V. City Manager
os
March 4, 2023 1 13:0
Approved as to
Insurance Requirements:
(—Doc itSignitti by:
y 28, 2023 I h6 04:4 1i t,€lebruary 27, 2023 1 08:17:11 EST
rrEr90AF6FEen7/. - — - • '=—.Y3$3C53l8z,4er
Victoria Mendez, City Attorney Ann -Marie Sharpe
LFebruary 28, 2023 1 16:02Director:57 EST, Risk Management
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT A
ATTACHMENT E-5
PROJECT COST ESTIMATE
WATERWAY ASSISTANCE PROGRAM FY 2022
!See Rule Sectign 66B-2.005 & 2.008 for elialbility and funding _otitis)
Project Title:
Little River Mini Park - Phase 2 - Shoreline Stabilization„ Kam Launch & I I4c
Applicant:
City of Miami
Project Elements
(Please list the MAJOR project elements
and provide genera/ costs for each one
For Phase I Projects, please list the major
elements and products expected)
Total Estimated
Cost
Applicant's
Cost
(To the nearest $50)
FIND Cost
(To the nearest $50)
Seawall
344,808.00
172,404.00
,172,404.00
Rip Rap
38,333.00
19,166.50
19,166.50
Riverwalk
136,126.00
68,063.00
68,063.00
Kayak Launch
43,523.00
21,761.50
21,761.50
Outfall/Drainage
133,792.00
66,896.00
66,896.00
Access to riverwalk and kayak launch
(Clearing, grubbing, excavation, grading filling and
concrete walkways from the street to the water)
55 534.00
p
28,767
26,767
OCI Construction Manager Admin
(ineligible cost)
36,886.48
36,886.48
0.00
OCI Project Manager Admin
(ineligible cost)
36,886.48
36,886.48
0.00
OCI Admin (ineligible cost)
29,509.04
29,509.04
0.00
**TOTALS =
$ 855,398.00
$ 480,340.00
$ 375,058
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT B
CHAPTER 66B-2
WATERWAYS ASSISTANCE PROGRAM (2022)
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-2.006I Emergency Applications
66B-2.008 Project Eligibility
66B-2.009 Project Administration
66B-2.01 1 Reimbursement
66B-2.012 Accountability
66B-2.013 Acknowledgement
66B-2.0 14 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 37,1.976(2) FS. Law Implemented 374.976(1) F.S. History --New 12-17-90, Formerly I6T-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. LOW Implemented 374.976(1) FS. History --New 12-17-90, Formerly I6T-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 RENOURISI-IMENT" 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.
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
(10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor.
(1 I) "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
fon-nulated 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) "IMTATCHTNG 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) "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.
(29) "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 bnplemented 374.976(1) F.S. History —New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003,
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05,-1-24-06, 4-15-07, 3-25-08, 3-7-11, 3-25-21,
66B-2.004 Policy,
The following constitutes the policy of the District regarding the administration of the program:
( I ) 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 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, 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 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
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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.
(l 1) 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.
Rtdcmaking,-luthority 374.976(2) ES. Law Implemented 374.976(1). (2) FS. History- New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2,0041,
.4n:ended.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, 2-17-15.
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 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: htto://www.flrules.orniGatewavireference.asp?No-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, F.A.C., 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.,
and projects approved in counties recovering from a state of emergency. 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.O08, 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
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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 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. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to
public navigation in the District. fillet 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. Prior to funding any beach renourishment project, the Board shall make a
finding that the beaches to be nourished have been adversly 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 publicly 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: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre -agreement
expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of
publicly owned spoil disposal site, 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 in
perpetuity 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( I ), F.A.C., from the county in which such seaport is located if the seaport can
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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) hS. Law implemented 37,1.976(1), (3) FS, History- Aew 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, 5-
15-16, 3-25-21.
66B-2.006 Application Process.
( I ) 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 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
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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 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. lnterlocal 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 FEND 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) F.S. 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. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2),
F.A.C. 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 161-2.0061, Amended
4-24-06, 3-25-21.
66B-2.008 Project Eligibility.
(I) 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, 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,
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9. Derelict Vessel Removal,
10. Waterways related environmental education programs and facilities,
1 I. 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 for non -waterway related facilities,
9. Vehicles to transport vessels; and,
10. Operational items such as fuel, oil, etc.
1 I. 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, organizational conferences; and,
13. Inlet maintenance.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list:
I. 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, Marine law enforcement and other vessels are eligible for a maximum of $75,000 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 1 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 35 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
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
Rulemaking Authority 374 976(2) F.S. Law Implemented 374.976(1)-13) 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-
1 1,3-7-12, 1-27-14, 2-17-15, 2-21-16, 3-25-21.
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:
(I) 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. 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-2.01 1, 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.
DocuSign Envelope ID: CD9E1848-3D5E-4617-93137-D233F40E0E8B
(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) FS. His7ory—New 12-17-90, Formerly 16T-2,009, Amended 3-21-01, 7-30-02,
3-7-11, 1-27-14, 3-25-21.
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 1 Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase 1 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 (I) 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.
Rulenraking 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:
( I ) 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 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.
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
(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-2.0I3 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 hnplemented 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 [stand 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, intertocal 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.
Rulemaking Authority 374.976(2) FS_ Law Implemented 374.976(1) FS. history New 7-30-02, Amended 4-24-06, 3-7-11, 3-25-21.
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
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
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 $75,000.00 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.
(1 1) 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, 3-25-
2/.
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 ofthis
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, online, 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.
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
(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) ES. Law Implemented 374.976(1) FS. Nisto,y—New 3-7-11.
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor: City of Miami, A Forida Municipal Corporation
Little River Mini Park Seawall and Kayak
Project Tit1e:__Laiinrh Phase II Project #: DA-MI-22-277
Source of Matching Funds: Allocated from City of Miami Capital Project 40-B103501
Amount of Matching Funds: $375,058
I hereby certify that the above referenced project Sponsor, as of October
01, 2022, 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: Hector Badia OCI, Interim Director
Oocusi(�neu by:
Project Liaison Signature:'
rairKagee3e135428
February 26, 2023 1 17:30:24 EST
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, 95-11
New 9/9/95 (revised 7-30-02)
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME.
PROJECT SPONSOR:
Amount of Assistance
Less Previous Total Disbursements
and Less Previous Total Retainage
Held Balance Available
Funds Requested This Disbursement
Funds Requested
Less Retainage (-10% unless final)
Check Amount
Amount of Assistance
Less Total Prior and Current
Payments Including all retainage
held (B+C)
= Balance Remaining
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "A")
A_
B.
c.
D.
PROJECT #:
BILLING #:
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant
Cost
FIND
Cost
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02)
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
FIND - Form No 90-14
Page Two
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "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)
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM
Project Completion Certification
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)
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
PROJECT NO.
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT TITLE:
PROJECT SPONSOR:
Mink
REPORT PERIOD
Oct 1-Dec 20 ; Jan -March 20_ ; April -June 20 ; July -Sept 20
Report Due: (Dec 30) (March 30) (June 30) (Sep 30)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
(Effective Date: 7-30-02)
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT G
ASSISTANCE PROJECT SCHEDULE
OCTOBER 2022- Project Agreement Executed, Project Initiates.
DECEMBER 30, 2022 First Quarterly Report Due. - Use Quarterly Status Report Form Exhibit F
http://www.aicw.org/assistance_programs/
MARCH 30 2023- Second Quarterly Report Due. waterway_assistance_programs/index.php
JUNE 30, 2023- Third Quarterly Report Due.
SEPTEMBER 30, 2023 - Fourth Quarterly Report Due.
DECEMBER 30, 2023 Fifth Quarterly Report Due.
MARCH 30 2024- Sixth Quarterly Report Due.
JUNE 30, 2024- Seventh Quarterly Report Due.
NOTE: If the project will not be completed and all close out paperwork submitted by September
30th , a request for a 1-year extension of the completion date of the project should be submitted with
the June 2024 quarterly report.
SEPTEMBER 1-30, 2024- Work on Closeout paperwork
Closeout paperwork consists of :
1. 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.
2. A final reimbursement request accompanied by all required supporting documentation including
bills and canceled payment vouchers for expenditures.
3. Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C.
4. Photograph(s) of the completed project clearly showing the program improvements. (jpg or tiI
format)
5. 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, 2024 - End of Grant. All work must be complete closeout paperwork submitted.
October 2024- finish processing closeout paperwork, perform project inspection and submit final
reimbursement check and coordinates check presentation with 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 Section 13 of the project agreement.
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
EXHIBIT H
!matt: www aiew.urystttdics and Info-motion/bids filcsplans logos,
lut os.phpfrrevize document center rz617
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
AGENDA ITEM SUMMARY FORM
File ID: #11401
Date: 01/24/2022
Commission Meeting Date: 03/10/2022
Requesting Department: Office of Grants
Administration
Sponsored By: Ken Russell, Manolo Reves,
Christine King
District Impacted: District 5
Type: Resolution
Subject: FIND Grant - Little River Mini Park Phase 2
Purpose of Item:
Submit an application for reimbursement grant funding to the Florida Inland Navigation
District ("FIND") Waterways Assistance Program, in an amount not to exceed $376,058,
for the construction of a shoreline stabilization, kayak launch and riverwalk at Little River
Mini Park — Phase 2 ("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 $376,058 plus $103,282 in City non -reimbursable administrative
costs, to be provided by the capital project number 40-B193501 for a total project cost
of $855,398; 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 2022 -
2023.
Background of Item:
The Office of Grants Administration is seeking City Commission authorization to apply
for $376,058 in grant funding from the Florida Inland Navigation District (FIND) for the
construction of a shoreline stabilization, kayak launch and riverwalk at Little River Mini
Park — Phase 2. 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
Total Fiscal Impact:
$855,398 ($479,340 City cost & $376,058 FIND cost
Capital Project No: 40-B193501
Reviewed B
Office of Grants Administration Lillian P Blondet Department Head Review Completed 01/25/2022 2:07 PM
Office of Management and Budget Lai -wan McGinnis Budget Analyst Review Completed 02/11/2022 9:24 AM
Office of Management and Budget Marie Gouin Budget Review Completed 02/14/2022 4:12 PM
Office of Capital Improvements Hector L Badia OCI Review Completed 02/14/2022 4:43 PM
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
City of Miami
Legislation
Resolution
Enactment Number: R-22-0095
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11401 Final Action Date:3/10/2022
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 THREE HUNDRED SEVENTY-SIX THOUSAND FIFTY-EIGHT DOLLARS
($376,058.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF THE SHORELINE
STABILIZATION, KAYAK LAUNCH AND RIVERWALK AT LITTLE RIVER MINI PARK —
PHASE 2; 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, IN THE EVENT OF AN AWARD, AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023
WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO
ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN
AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-NINE THOUSAND
THREE HUNDRED FORTY DOLLARS ($479,340.00) TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED
FROM CAPITAL PROJECT NUMBER 40-B193501 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.
WHEREAS, the City of Miami ("City") wishes to construct a shoreline stabilization, kayak
launch, and riverwalk at the Little River Mini Park — Phase 2 Project ("Project"); and
WHEREAS, the total cost of this phase of the Project is estimated not to exceed eight
hundred fifty-five thousand three hundred ninety-eight dollars ($855,398.00); and
WHEREAS, grant funding is potentially available from the Florida Inland Navigation
District ("FIND") Waterways Assistance Program for the Project pursuant to FIND Rule 66B-2,
Florida Administration Code ("F.A.C."); and
WHEREAS, the City wishes to apply for reimbursement grant funding from the FIND
Waterways Assistance Program in the amount not to exceed three hundred seventy-six
thousand fifty-eight dollars ($376,058.00), or fifty percent (50%) of the total eligible Project cost
("Grand Funds"); and
WHEREAS, in the event of the award of the Grant Funds, the City wishes to allocate
required matching funds in an amount not to exceed three hundred seventy-six thousand fifty-
eight dollars ($376,058.00), or fifty percent (50%) of the total eligible Project cost, plus an
additional amount not to exceed one hundred three thousand two hundred eighty-two dollars
($103,282.00) towards non -reimbursable administrative costs as defined in FIND Rule 66B-
DocuSign Envelope ID: CD9E1848-3D5E-4617-93B7-D233F40E0E8B
2.008, F.A.C., for a total amount not to exceed four hundred seventy-nine thousand three
hundred forty dollars ($479,340.00) ("City Match"); and
WHEREAS, in the event of the award of the Grant Funds, the appropriation of funds for
both eligible and non -reimbursable administrative costs shall be by separate, future Resolution
from funds available under capital project number 40-B193501 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 is authorized' to submit an application for the
reimbursement Grant Funds, in a form acceptable to the City Attorney, to the FIND Waterways
Assistance Program for the Project.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, all in forms acceptable to the City Attorney, in connection with the
submission of the grant application.
Section 4. The City Manager is further authorized' to accept the Grant Funds in the
event of an award for Fiscal Year 2022 — 2023 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 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 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 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
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.
Olivera, Rosemary
From: Bastidas, Carolina
Sent: Friday, April 21, 2023 10:49 AM
To: Hannon, Todd; Lee, Denise; Olivera, Rosemary
Cc: McKinnon, Charles
Subject: Executed FIND Agreement for Little River Mini Park_B19350_
Attachments: Executed FIND Agreement_DA-MI-22-277 Little River Mini Park Seawall & Kayak
Launch PH II.pdf
Good Morning,
Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original
agreement for your records.
Thank you,
dli
iA OC1
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
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