HomeMy WebLinkAboutR-2004-215 FDEP and the national oceanic and atmospheric construction of Chickee Hut RESOLUTION NO. 2004-215
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MEMORANDUM OF AGREEMENT AMONG THE CITY OF
DANIA BEACH, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION, ACTING THROUGH THE TRUSTEE COUNCIL FOR
THE AUGUST 8, 2000, MYSTERY SPILL AT FORT LAUDERDALE,
FLORIDA TO PROVIDE FUNDING FOR THE CONSTRUCTION OF
"CHICKEE HUT" SHELTERS ON THE MUNICIPAL BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the proper City officials are authorized to execute a Memorandum Of
Agreement among the City Of Dania Beach, the Florida Department of Environmental Protection
and The National Oceanic and Atmospheric Administration, acting through The Trustee Council
to provide for the construction of"chickee hut" shelters on the municipal beach.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
• are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 14, 2004.
ATTEST:
r
LOUISE STILSON MAYOR - COMMISSIONER
CITY CLERK
ROLL CALL:
COMMISSIONER ANTON-YES
APPROVED AS TO FO COMMISSIONER CHUNN- YES
AND CORRECTNE COMMISSIONER FLURY- YES
VICE-MAYOR MIKES- YES
BY: MAYOR MCELYEA- YES
THO AS J. BR
CITY ATTORNEY
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 1
. MEMORANDUM OF AGREEMENT
AMONG
THE CITY OF DANIA BEACH,
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, ACTING
THROUGH THE TRUSTEE COUNCIL FOR THE AUGUST 8, 2000, MYSTERY SPILL
AT FORT LAUDERDALE, FLORIDA
I. Purpose.
This Memorandum of Agreement ("MOA") is entered into by and among the City of
Dania Beach ("City"), and the undersigned Trustee Council, acting on behalf of the Florida
Department of Environmental Protection, Bureau of Emergency Response ("FDEP") and the
National Oceanic and Atmospheric Administration ("NOAA") to govern the implementation of a
• restoration project selected by FDEP and NOAA (the "Trustees") to address the Recreational
Beach Use Injury to and loss of beach use caused by the August 8, 2000, mystery oil spill near
Fort Lauderdale, Florida (the "Incident"). This restoration project is among nine (9) projects
selected by the Trustees to restore natural resources, services or both identified in the Final
Damage Assessment and Restoration Plan/Environmental Assessment for the Fort Lauderdale
Mystery Oil Spill (Final Restoration Plan-Attachment A) published by the Trustees on August
26, 2002. The restoration projects identified in that plan are to be implemented using funds that
the Trustees accepted on December 17, 2003 from the Oil Spill Liability Trust Fund (OSLTF),
pursuant to a claim filed under 33 U.S.C. § 2712(a)(4). These funds were placed in NOAA's
Damage Assessment and Restoration Revolving Fund (DARRF) and are to be used only to
implement the restoration projects selected in the Final Restoration Plan. A separate Restoration
Account for the City of Dania Beach Chickee Shade Structures (Restoration Account) will be
established for this project. This MOA identifies the terms and conditions under which the City
will construct the Chickee shade structures and under which the Trustees, acting through the
undersigned Trustee Council, will authorize transfers of funds from the DARRF to the City for
costs and expenses the City will incur to implement this restoration project.
II. Authorities.
The City enters into this MOA pursuant to the designation by the Governor of Florida of
the City Manager to act on behalf of the City as a limited trustee for natural resources affected by
the Incident. This designation is solely for the purpose of implementing the construction of
shade structures in the Restoration Plan that is within its jurisdiction (Letter from Florida
Governor Jeb Bush to EPA Administrator Mike Leavitt, dated May 18, 2004).
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page
• The Trustee Council enters into this MOA on behalf of the Trustees pursuant to the Oil
Pollution Act of 1990 (`OPA"), 33 U.S.C. 2701 et seq., the Natural Resource Damage
Assessment Regulations, at 15 CFR Part 990, applicable to restoration planning under 0PA., and
other applicable federal and state laws, in order to implement restoration actions that have been
approved by the Trustees. The Trustee Council executes this MOA pursuant to a Memorandum
of Understanding of March 1, 2004, between the Trustees that established the Trustee Council to
plan for and implement restoration actions appropriate to compensate for the natural resources
and/or services injured by the Incident, in accordance with the Final Restoration Plan, and to
administer the funds recovered for the restoration of natural resources, services or both injured as
a result of the Incident.
III. Implementation of Restoration Project
1. The City will implement the following Restoration Project, in accordance with
the provisions of this MOA:
Construction of seven (7) Chickee structures for shade protection on the beach of
the City of Dania Beach. The Chickees are to be constructed consistent with the
project features and description in the Scope-of-Work dated September 5, 2002
from Captain Glenn Morris, City of Dania Beach, to Mr. Tony Penn, NOAA,
which is attached and incorporated as Attachment C AND the revised Scope-of-
Work dated May 19, 2004 from Captain Glenn Morris, City of Dania Beach, to
Mr. Tom Moore, NOAA, which is attached and incorporated as Attachment D.
(City estimated cost to implement: $16,800).
2. The City will be solely responsible for arranging for, scheduling, and coordinating
the work of its employees, agents, contractors, or subcontractors involved in implementing the
Restoration Project, including any necessary coordination with the Trustee Council under this
MOA.
3. Where the City seeks to use outside contractors to implement any or all of the
Restoration Project, the City will use its standard practices and procedures, including those
applicable to obtaining and reviewing competitive bids from properly licensed, insured, and
bonded contractors, to ensure contractor costs incurred to perform work are reasonable. The
Trustee Council will have the opportunity to review recommended bids prior to acceptance and
to participate in pre-implementation meetings with the contractors.
4. The City will ensure that any necessary construction permits or other permits are
obtained, that any employee or contractor used has all appropriate licenses required to perform
intended work, and that all work performed in implementing the Restoration Project is otherwise
carried out in accordance with all applicable federal, state, and local laws and regulations,
including conditions required to protect natural resources.
5. Approved work plans may be modified by the City with approval by the Trustee
Council.
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 3
•
6. The Trustee Council shall provide for public notice and comment for any
necessary, significant modification of the Restoration Project. if the Restoration Project is
modified significantly, as determined by the Trustee Council, notice shall be provided to the
OSLTF.
7. The structures that result from the Restoration Project will include a stalernent
that acknowledges the Restoration Project and that it was implemented in whole or in part, as
appropriate, with natural resource damages recovered by FDEP and NOAA for natural resources
and services injured as a result of the incident.
IV. Oversight by Trustee Council
1. The Trustee Council will oversee the activities of the City in implementing the
Restoration Project to ensure consistency with the Restoration Plan and that funds used to
implement restoration are otherwise lawfully applied.
2. To provide for that oversight, the City will, at a minimum, except as otherwise
agreed by the Trustee Council:
i. Provide the Trustee Council with at least 20 business days to review,
• comment on, and approve any written work plans or modifications to them
that the City proposed for details of the project, including the budget or
estimated costs of any work;
ii. Upon request, meet with the Trustee Council to discuss any issues related to
the details of implementation of project costs;
Ili. Within 60 days of the completion of the project, the City will provide the
following.
1. Final cost accounting as defined in Paragraph V.5.
2. A request for additional reimbursement or an acknowledgment of credit as
defined in Paragraph V.5.
3. A final report that details the following:
a. Number of Chickee Shade Areas Constructed
b. Location of Shade Areas
c. Pictures of Shade Areas
3. City agrees to transmit a minimum of three (3) copies of any document required
• to be submitted to the Lead Administrative Trustee (NOAA) for review by the Trustee Council
under this MOA.
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 4
4. The Trustee Council will have access to and may inspect the Restoration Project
actions or the work being performed on it at any time during the period of this MOA.
5. Within 30 business days following receipt of the City's final report under
Paragraph IV.2.111 above and, upon finding implementation is complete and in accordance with
approved project plan(s) the Trustee Council will provide written notice to the City certifying
Completion of the Restoration Project.
V. Funding
1. Any use of funds in the Restoration Account must be authorized by the Trustee
Council. The funds comprising the Restoration Account must be used only to implement the
Restoration Project that is the subject of this MOA. This project was selected for
implementation in the Final Restoration Plan developed for this Incident under OPA, and, in
accordance with 33 U.S.C. 2706(o, the Restoration Account can be used only for the actual costs
and expenses to implement this project.
2. The Trustee Council agrees to authorize the transfer to City of up to $ 18,000.00
from the Restoration Account to implement the Restoration Project, subject to the terms of this
MOA.
3. The Restoration Project will be funded using a combination of partial upfront
funding and reimbursables, up to the maximum amount identified in Paragraph V.2.
4. For the Restoration Project the funding schedule will be as follows:
i. Within 30 days of the execution of this MOA, the Trustee Council will
authorize the transfer to the City an amount of $16,800.00 as identified in
Attachment D as the contractor's actual cost to construct the Chickee Shade
Areas.
ii. Within 60 days of the completion of the project the City may submit a request
for reimbursement to the Trustee Council for up to $1,200.00 of the remaining
eligible funds for the project. The final amount of this transfer will be
identified by the Trustee Council after review of the documentation as to the
City's actual costs and expenses incurred to that date. Any credits held by the
City must be returned to the Trustee Council before the Restoration Project
can be certified as complete pursuant to Paragraph IV.5 of this MOA. Once
the Trustee Council receives and approves the final cost accounting and the
deliverables of Paragraph IV.2.111 the project will be certified complete and
the Trustee Council will authorize the transfer of the above funds within 30
• days.
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page S
5. For the final reimbursement (if any) as identified in Subsection ii of Paragraph
VA., the City will initiate the process for reimbursement by submitting three (3) copies of a
written request for reimbursement to the Lead Administrative Trustee (NOAA). The request will
be accompanied by all required deliverables of Attachment C, Paragraph IV.2.1ii and
documentation of all costs and expenses for all funds received and for all costs for which
reimbursement is being sought. The reporting shall be in a form that is consistent with generally
accepted business and accounting practices. The Trustee Council will review each request and
accompanying documentation submitted by the City and, if it finds all submitted costs and
expenses to be consistent with the approved project plans and appropriately documented in
accordance with "Excerpts from National Pollution Fund Center Funding Guidelines"
(Attachment B), the Trustee Council will direct the Manager of the DARRF to transfer funds
from the Restoration Account in an amount sufficient to reimburse the City for its actual costs
and expenses as requested, up to the limits as appropriate in Paragraphs V.2 and 4. If the Trustee
Council finds a submitted cost or expense is inconsistent with the approved project plans or is
not appropriately documented, the Trustee Council will notify the City and allow the City 30
business days to clarify or supplement its request for reimbursement of that cost or expense. In
the interim, the Trustee Council will direct the Manager of the DARRF to transfer funds from the
Restoration Account in an amount sufficient to reimburse the City for accepted costs and
expenses.
6. Whenever the Trustee Council notifies the City that a submitted cost or expense
• has been found to be inconsistent with the approved project plan or is not appropriately
documented, the Trustee Council and the City will make good faith efforts to resolve the issue
associated with that expenditure. However, the Trustee Council retains sole and final authority
to decide consistency with the approved project plan, the sufficiency of the documentation
provided, and the Trustee Council's determination in that regard will be non-appealable.
7. All reimbursement requests and actions under Paragraphs VA and V.5 are subject
to the maximum funding levels identified in Paragraph V.2.
8. The manner and timing of disbursements from the Restoration Account are
subject to schedules, procedures, and requirements applicable to funds held within the DARRF.
9. The Trustee Council will not allow the City to use any provided funds or request
funds for reimbursement of any costs it incurs to implement any work or activity that is
inconsistent with the Restoration Plan or with the laws governing use of the recovered damages.
Whenever, in reviewing the Restoration Project itself or documents submitted by the City, the
Trustee Council finds any work or activity proposed to implement the Restoration Project is
inconsistent with the Restoration Plan or the laws governing the use of the recovered damages,
the Trustee Council will notify the City in writing and either request that work or activity be
eliminated from the plan or seek changes that will avoid or eliminate the conflict with the
Restoration Plan or the laws governing use of the recovered damages. The City may elect to
retain the work or activity as originally proposed, but only as a non-approved project element,
• the cost of which will not be subject to reimbursement under this MOA. The Trustee Council
retains whole and final authority to decide whether any work or activity is inconsistent with the
TrusteeslCity of Dania Beach Chickee Shade Area Project MOA —Page 6
Restoration Plan or'with the laws governing use of the recovered damages and the Trustee
Council's determination in that regard.
10. Pursuant to 33 U.S.C. § 2706(f), all sums not used to implement the Restoration
Project must be returned to the OSLTF. Therefore, the City will return, refund, or repay to the
Restoration Account any sum that the Trustee Council determines to represent: (1) an
overpayment to the City; (ii) a reimbursement of a cost or expense not incurred in connection
with a Restoration Project identified in this MOA; or (iii) a cost or expense that was not incurred
in accordance with the terms of this MOA. Such return, refund, or repayment will be made
within 30 calendar days after the Trustee Council requests the return of an identified sum in
writing. Any funds so returned will include any interest that may have been earned on that
amount since the date of receipt by the City.
11. The City's anticipated future costs and expenses to maintain and manage the
Restoration Project following completion are not subject to reimbursement under this MOA.
VI. Notices
l. Documents, comments, or other communications between the City and the
Trustee Council under the terms of or respecting matters covered by this MOA will be provided
to.
For City: Ivan Pato, City Manager
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Telephone: (954) 924-3606
Facsimile: (954) 921-2604
ipato(a,ci.dania-beach.fl.us
With a copy to: Thomas Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Telephone: (954) 924-3635
Facsimile: (954) 924-3702
tansbro@ci.dania-beach.fl.us
For the Trustee Council:
Tom Moore
NOAA Restoration Center
9721 Executive Center Dr. N.
St. Petersburg, FL 33702
Phone: 727-570-5716
Fax: 727-570-5390
Email: Tom.MooreOwnoaa.gov
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 7
•
And
Phil Wieczynski
Chief, Bureau of Emergency Response
Florida Department of Environmental Protection
3900 Commonwealth Blvd., M.S. 659
Tallahassee, FL 32399-3000
Phone: 850-245-2010
Fax: 850-245-2882
Email: Phil.Wieczynski(cvdep.state.fl.us
2. Notices, documents, comments, or other communications between the City and
the Trustee Council required by this MCA will be in writing and provided in a manner (personal
delivery, U.S. Mail, express mail) allowing for timely delivery and consideration, provided,
however, that e-mail shall not be used for purposes of any official written notice as required by.
3. All other notices, documents, comments, or other communications between the
City and the Trustee Council respecting matters covered by this MCA will be in a form and
manner acceptable to both the City and the Trustee Council.
• VII. Records
1. The City will maintain all documents and other records related to its
implementation of the Restoration Project, including all financial records. The Trustee Council
will have access to all such records for the purpose of review, inspection, audit, excerpt,
transcription, copying or all of the foregoing. When the Trustee Council seeks access to such
records, the City will either provide copies of such records directly to the Trustee Council or
make the records available to the Trustee Council during normal business hours and with proper
facilities for such access, inspection, and copying.
2. Financial records generated or maintained by the City to document its costs and
expenses in implementing the Restoration Project will be in accordance with generally accepted
business and accounting practices, consistently applied. Such records will be sufficient to
identify and segregate costs among the segments or components of the Restoration Project.
3. All documents and other records that the City provides directly to the Trustee
Council under this MCA will be considered public records and will be included by the Trustee
Council in its administrative record covering restoration actions implemented to address the
natural resource injuries and service losses caused by the Incident.
4. Nothing in this MCA is intended nor will be construed to require or permit the
disclosure to the Trustee Council or to the public of any information that is protected from
disclosure under applicable state or federal laws. Where information is withheld or access to a
record is limited based upon an applicable law, the reason therefore will be specifically cited and
Trustees/City of Dania Beach Chickee Shade.Area Project MO,4 —Page 8
the Trustee Council and the City will seek an alternative means or form for sharing the necessary
information or addressing the relevant issue.
5. All records under Paragraph VII.I will be maintained by the City during the
period the provisions respecting funding apply (as defined in Paragraph XII 1) and for three (3)
years thereafter. If any litigation, claim, negotiation, audit, cost recovery, or other action
involving the Restoration Project of which the City is aware is started before the expiration of the
three (3) year period, such records must be retained until completion of the action or resolution
of all issues that arise from it, or until the end of the regular three (3) year period, whichever is
later.
6. Nothing in this MOA is intended nor is to be construed to permit the destruction
of records required to be retained for a longer period of time by an applicable federal or state
law.
7. All determinations of the Trustee Council under this MOA will be based solely on
the information and records that are available to the Trustee Council. The City's failure to
generate, maintain, or produce a record as contemplated by this MOA may, at the Trustee
Council's sole discretion, result in the City's request for reimbursement of a Restoration Project
cost of expense being denied.
VIII. Indemnification
The City assumes sole responsibility for all acts taken by its employees, agents,
contractors, and subcontractors in implementing the Restoration Project. To the extent provided
by law, the City agrees to hold the Trustees, the United States Government, or the State of
Florida, and their representatives harmless from any and all claims, demands, and causes of
action that may arise from the implementation of the Restoration Project by the City, its
employees, agents, contractors, or subcontractors.
IX. General Provisions
1. This MOA is not intended and is not to be construed as creating any financial
obligation or debt on behalf of the Trustees, the United States Government, or the State of
Florida. It is understood and agreed that the funding contemplated by this MOA may only be
provided from the Restoration Account. Any transfers of funds from that account are subject to
the availability of funds in it.
2. Nothing in this MOA is intended or will be construed as creating a contractor or
agency relationship among the Trustees, the United States Government, the State of Florida, and
any person, including contractors or consultants, hired by the City to perform work on the
Restoration Project described in this MOA.
3. Nothing in this MOA is intended or will be construed as a waiver of sovereign
immunity by the Trustees, the United States Government, the State of Florida, or the City.
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 9
• 4. Nothing in this MOA is intended or will be construed as consent by the Trustees,
the Untied States Government, the State of Florida, or the City to be sued by third parties in any
manner arising from activities undertaken pursuant to this MOA.
5. Any news releases, advertising, or other materials prepared or released to
publicize the Restoration Project will include a statement acknowledging that the Restoration
Project was implemented, in whole or in part, as may be appropriate, using funds recovered by
FDEP and NOAA to provide for restoration actions to compensate for the injuries to natural
resources and services resulting from the Incident.
X. Modification
This MOA may be amended at any time. Any amendment must be set forth in writing and
agreed to by the Trustee Council and the City.
XI. Default
1. If the Trustee Council finds, at any time during the period of this MOA, that the
City has ceased to implement all or any portion of the Restoration Project, is seriously or
repeatedly deficient or late in implementing all or any portion of the Restoration Project, or is
implementing all or any portion of the Restoration Project in a manner that is materially
inconsistent with the approved project plans, the Restoration Plan, the laws governing the use of
the recovered damages, or other laws applicable to the performance of the work, including laws
intended to protect humans or the environment, the Trustee Council may unilaterally terminate
this MOA.
2. The Trustee Council will effect termination under Paragraph XI.1 by providing
written notice to the City. Upon issuance of such a notice, the Trustee Council will not authorize
any further transfer of funds from the Restoration Account to the City.
XII. Period of Agreement
1. This MOA will be effective as of the date of the last signature affixed below by
the undersigned representatives of the City and the Trustees. The provisions respecting funding
will apply until: (i) the date the Trustee Council certifies Completion of the Restoration Project
under Paragraph IV.5 above; or (ii) the City receives the final disbursement of funds approved by
the Trustee Council for reimbursement of its costs, whichever is later.
2. The MOA may be terminated at any time by: (1) written agreement of the Trustee
Council and the City; or (ii) by the Trustee Council under Section XI.
IN WITNESS OF THE FOREGOING, the undersigned representatives of the City, State and the
Trustees, each acknowledging that each has authority to execute this MOA on behalf of their
respective agencies.
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 10
CITY:
CITY OF DANIA BEACH
A Florida Municipal Corporation
ATTEST:
LOUISE STILSON, CITY CLERK C. M ELYE ,N OR
APPROVED FOR FORM A °
CORRECTNESS: f '�
rAN � , CITY MANAGER
BY:
THO AS f. ANSBRO, ITY ATTORNEY
Trustee Council, acting for the Trustees on behalf of the Florida Department of Environmental
Protection, Bureau of Emergence Response and the National Oceanic and Atmospheric
• Administration:
/3
P. Wieczynski Date
Chief, Bureau of Emergency Response
Florida Department of Environmental Protection
r:
~mil
�1! z
Toro Moore Date
NOAA Fisheries Restoration Center, Southeast Region
National Oceanic and Atmospheric Administration
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 11
Attachment A: Final Damage Assessment and Restoration Plan/Environmental Assessment for
the Fort Lauderdale Mystery Oil Spill, August 26, 2002
Trustees/City of Dania Beach Chickee Shade Area Project MOA —Page 12
Attachment B: National Pollution Fund Center ("NPFC") Natural Resource Damage Funding
Guidelines, (http•//wwtiv usc, mil/hq/npfc/pdf/URGIURG 6 01.2df); Chapter 6, Section
Recordkeeping
C. Content of Documentation.The NPFC does not specify the format that documentation must take.
The FLAT may use any system for documenting the Preassessment as long as it meets the
requirements for content. It is important to note, however, that original documentation is preferred for
cost recovery, and should not be retyped, even when hand written. Accordingly, the FLAT must establish
sufficient controls and procedures to provide documentation as follows:
1. Work/purchase authorization. Show that the work or purchase was authorized by appropriate
authority, e.g., contracts,travel orders, work orders,rental contracts, purchase orders.
2. Work/purchase receipt and acceptance. Show that the goods or services were received and
accepted as complying with the authorization, e.g., receiving reports, delivery tickets with receipt
signatures, ad hoc reports,with the date of receipt and acceptance.
3. Work billed. Provide the cost of the work or purchase and show that these costs were properly
billed to the Trustee, e.g., contractor's invoice, cash register receipts,travel reimbursement
vouchers, employee timesheets or logs.
a. Work performed. Show the work performed (the service provided, the equipment used,
the persons employed, etc.)and the quantitative factors involved in each item of work
performed each day, i.e., the delivered work product.
b. Work unit. Identify costs according to the unit of work for each item. For contracts, that
unit of work is established by the contract line item(CLIN). For time and material based
contracts, the unit of work is normally hours, and the delivered work product is the
number of hours per day.
c. Work cost. Show the cost of each unit of each item of work per day(or other time period
set in the controlling agreement for that item)and the extended total cost, e.g., eight
hours supervisor services per day at$50 per hour times 7 days (specifically identified by
date) equals $2800 total cost.
4. Work payment. Show the amount billed was paid or authorized for payment. The FLAT should
certify the cost authorized for payment is sufficient for requesting reimbursement from the
OSLTF,provided that any later adjustments or corrections to the amount paid are promptly
reported to the NPFC.
5. Trustee's internal costs.Documentation should include the following information for salary,
equipment,and administrative costs for each day of Preassessment activity:
a. Date;
b. Identification (employee name or ID, equipment description or ID, function performed);
c. Category, e.g., grade level, equipment type;
d. Number of hours charged for that day;
e. Rate (include basis for any standard rates);
f. Total cost(hours time rate); and
g. Cumulative total cost for all days.
•
Trustees/City of Dania Beach Chikee Shade Area Project MOA —Page 13
Attachment C: Letter dated September 5, 2002 from Mr. Glenn Morris, City of Dania Beach, to
Mr. Tony Penn, NOAA.
Alffik
s •
FLORIDA
ufa
Captain Glenn Morris
Dania Beach Marine Rescue
Division
100 West Dania Beach Blvd,
Dania Beach Fl. 33004
September 5,2002
Tony Penn
National Oceanic&Atmospheric Admin.
Damage Assessment Center
Dear Sir:
Under the Recreational Beach use Injury and restoration plan,it is my understanding that a description
of the City of Dania Beaches Chickee restoration plan is needed. The City has integrated the chickees
with the Beach for shade protection for a number of years.We have found the Chickees to be very cost
effective, due to the very nature of their construction. The Chickees are built by Seminole Indians that
use a thatching technique that goes back hundreds of years. This technique in construction of the
Chickees makes them highly wind tolerant and a great source for shade on the Beach. An attached
picture is included for your perusal.
When the $ 18,000 grant funds are received the project will go out for competitive bidding to build 15
Chickees (or as price allows) and the contractor wilt be selected. Upon selection the contractor is
required to integrate best management practices, and obtain all local state and federal permits
required. Additionally a project manager is assigned to ensure the project is going according to plans, I
will be that person. Monitoring is an essential component of any restoration project, however in this
case it is simplistic in nature. Digital photos will be taken in the beginning, half way through, and upon
completion. Brief written documentation will be included in the project portfolio, along with copies of the
invoices and Payment receipts- The City will maintain the Chickees built, in accordance with the
manufacturers recommendations. We are looking forward to beginning this project with you and thank
you for your assistance.
in ery,
lenn W. Morris
Captain Dania Marine Rescue Division "Broward's First City'
100 West Dania $each Boulevard Dania Beach, Mori& 33004 Phoxxe: (954) 921-8700 www.ci.dania-beach.0.u.s
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Trustees/City of Dania Beach Chikee Shade Area Project MOA —Page 14
Attachment D: Letter dated May 19, 2004 from Mr. Glenn Morris, City of Dania Beach,to Mr.
Tom Moore, NOAA Restoration Center.
v FLORIDA
Captain Glenn W. Morris
Dania Beach Marine Rescue Division
100 West Dania Beach Blvd.
Dania Beach, FI 33004
May 19, 2004
Tom Moore
NOAA Restoration Center
Dear Tom:
When the original proposal was submitted with Tony Penn, the Chickee part of the
proposal was for fifteen Chickees at $1,200 each. A company that was doing work
for us at the time gave this quote, however the company is not in existence anymore.
Additionally in my conversations with Tony Penn I had thought the money would
rcome shortly there after. When I found out the money wasn't available until the
following year or later, I immediately secured another quote which showed the same
Chickees would cost more than three-thousand dollars each. Knowing the maximum
cost I had to work with, I simply divided $18,000 / $ 3,000 = Six Chickees.
The last quote you received and is attached stated that this company could build
seven Chickees for the same price, so seven it is. I have submitted in the 2006 Fiscal
Budget, money to build nine more Chickees fully funded by the City. Additionally you
have our agreement to maintain those seven Chickees that would be built with your
funds. Please let me know if more is needed on our part, as this grant money is very
important to reconstructing our Beach area previous to the oil spill.
Sincerely,
Glenn W. Morris
rCaptain Dania Beach Marine Rescue Div.
"Broward's First City
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dan�a-becach.fl.us
Nato QN112nm(d
320 Windley Drive
Key Largo, Florida 33037
305-525-6896
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Date:
Address:
I Wine Fidepjitinc; q514- l05
Alternate Phone: rA
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We hereby propose to furnish all the materials necessary and perform kill the labor to do
thV�o]lowing work on the property above: OEW HUr-,
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All Work is Guaranteed for a period of 3 years from date of completion. Guarantee is
limited to materials and labor. We do not Guarantee against Valleys, Hurricane,
Windstorms, Fire, or damages cauied by birds or foreign materials Calling upon it.
Total .lob Price f I(,
On New Huts 1/3 Is due upon signing of contract.. Full amount upon completion of
Rethatch is due upon completion 01'work.
Respectfully Submitted by- M1?1.2f7A-1C2-
A"eplmnce by: Date:
Trustees/City of Dania Beach Chikee Shade Area Project MOA —Page 15
Attachment E: Letter dated June 10, 2004 from Tom Moore, NOAA Restoration Center to Mr.
Glenn Morris, City of Dania Beach.
'11* - ON,
UNITED STATES DEPARTMENT O,;:
National Gcea-nic and, Atmospher-�c
NOAA Restoration Center
• 9721 Executive Center Drive North
St. Petersburg, Florida 33702
727-570-5716
June 10, 2004
Captain Glenn W. Morris
Dania Beach Marine Rescue Division
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Capt. Morris,
The Trustee Council for the Fort Lauderdale, Florida Mystery Oil Spill has received and
reviewed your letter of May 19, 2004 informing us of that due to funding limitations that
the City of Dania Beach will only be able to construct seven (7) Chickee's. The Trustee
Council recognizes that costs originally predicted in 2001 are no longer valid today for a
variety of reasons and therefore approves your request to reduce the number of Chikee's
constricted from fifteen (15) to seven (7).
The Trustee Council is in the final stages of preparing a draft Memorandum of
Agreement for your review and we expect to transfer that to you in the next few weeks.
We look forward to continue working with the City towards the implementation of this
valuable project.
On behalf of the Trustee Council,
Tom Moore
NOAA Restoration Center
cc: Phil Wieczynski, FDEP/BER
Holly Fortune, FDEP/BER
Linda Burlington, NOAA/GC
Primed on Recycic d Pape;
"StHT orfpy
UNITED STATES DEPARTMENT OF COMMERCE
j a National Oceanic and Atmospheric Administration
NOAA Restoration Center
�srgres pF P+ 9721 Executive Center Drive North
St. Petersburg, Florida 33702
727-570-5716
January 10, 2005
Miriam Nasser
Deputy Clerk, City of Dania Beach
100 West Dania Blvd.
Dania Beach, FL 33004
(954) 924-3696
Dear Ms Nasser
Enclosed is a copy of the final Memorandum of Agreement (MOA) fully executed
by all parties. We look forward to working with the City of Dania Beach towards the
implementation of this valuable project.
Sincerely -7
1 om Moore
NOAA Restoration Center
cc: Glenn Morris, City of Dania Beach
Phil Wieczynski, FDEPBER
Holly Fortune, FDEPBER
Linda Burlington, NOAA/GC
p„o a,Mos„�F
Printed on Recycled Pa1n-r
Captain Glenn Morris
Dania Beach Marine Rescue
Division
100 West Dania Beach Blvd,
Dania Beach Fl. 33004
December 8,2004
Tom Moore
National Oceanic&Atmospheric Admin.
Damage Assessment Center
Dear Sir:
Under the Recreational Beach use Injury and restoration plan, it is my understanding that a description
•- of the City of Dania Beaches Chickee restoration plan is needed. The City has integrated the chickees
with the Beach for shade protection for a number of years.We have found the chickees to be very cost
effective, due to the very nature of their construction. The chickees are built by Seminole Indians that
use a thatching technique that goes back hundreds of years. This technique in construction of the
Chickees makes them highly wind tolerant and a great source for shade on the Beach.
When the $ 16,800, grant funds are received the project will go out for competitive bidding to build
seven (7) Chickees and the contractor will be selected. Upon selection the contractor is required to
integrate best management practices, and obtain all local state and federal permits required.
Additionally a project manager is assigned to ensure the project is going according to plans, I will be
that person. Monitoring is an essential component of any restoration project, however in this case it is
simplistic in nature. Digital photos will be taken in the beginning, half way through, and upon
completion. Brief written documentation will be included in the project portfolio, along with copies of the
invoices and Payment receipts. The City will maintain the Chickees built, in accordance with the
manufacturers recommendations. We are looking forward to beginning this project with you and thank
you for your assistance.
.Sincerely,
Glenn W. Morris
Captain Dania Marine Rescue Division