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Home My WebLink AboutR-2002-026 Authorizing the City Manager to apply for the 2002-2003 Florida Inland Navigation District (find) waterways assistance grant for dredging of the Dania cut-off canal _ RESOLUTION NO. 2002-026 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 2002-2003 FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE GRANT FOR DREDGING OF THE DANIA CUT-OFF CANAL FROM APPROXIMATELY 200 FEET EAST OF US 1 TO GRIFFIN ROAD IN AN AMOUNT NOT TO EXCEED $220,000; AUTHORIZING MATCHING FUNDS FROM THE REVENUES RECEIVED BY FPL SPECIAL EXCEPTION FOR WATERWAY RELATED USES AND IMPROVEMENTS; THEREBY PROVIDING THIS DREDGING AT NO COST TO THE CITY AND FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach is interested in dredging the Dania Cut-Off Canal from approximately, 200 feet east of US 1 to Griffin Road, in a total amount not to exceed $220,000.00; and WHEREAS, the Florida Inland Navigation District (FIND) has a Waterways Assistance Program Grant, which offers financial assistance for such projects; and WHEREAS, the Department of Recreation, through the Marine Division, would like to apply for the 2002/2003 Florida Inland Navigation District Waterways Assistance Program Grant to cover up to 90% of the cost of$220,000.00 for the dredging; and WHEREAS, the Marine Advisory Board has recommended to utilize revenues received from the FPL Special Exception approved July 24, 2001, designated to be used for waterway related uses and improvements to the general vicinity, as matching funds towards the dredging. That this dredging of the Dania Cut-Off Canal from approximately 200 feet east of US 1 to Griffin Road will be completed at no cost to the City; and WHEREAS, the City of Dania Beach needs to prepare bid documents for the dredging project to include testing, surveying, engineering and permitting. That due to deadlines, time is of the essence and that the RFP be awarded at the earliest date; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. Section 1: That the Department of Recreation, through the Marine Division is hereby authorized to apply for the 2002/2003 Florida Inland Navigation District Waterways Assistance f Program Grant in an amount not to exceed $220,000, attached as exhibit "A". 1 RESOLUTION NO. 2002-026 Section 2: That the City utilize revenues received from the FPL Special Exception approved July 24, 2001, designated to be used for waterway related uses and improvements to the general vicinity, as matching funds towards the dredging project. Section 3: That upon the FIND Waterways Assistance Program Grant being awarded to the City, it hereby authorizes the appropriate City Officials to accept the award and execute the Grant Agreement and all other respective documents in a form acceptable to the City Manager and approved as to form and legality by the City Attorney. The City Manager and City Attorney are authorized to make minor revisions to said exhibits as are deemed necessary and proper for the best interests of the City. Section 4. That it hereby authorizes the adoption and execution of the Florida Inland Navigation District Resolution, attached as exhibit "C". Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 26th DAY OF FFE�EBRUARY, 2002. PATRICIA FLURY MAYOR— COMMISSIONER AT NU ROLL CALL: COMMISSIONER BERTINO - YES -th411NhA*J COMMISSIONER MCELYEA - YES CHARLENE J H SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TTZ AND CORRECTNESS: BY: " THOMAS J. ANSBRO CITY ATTORNEY 4 2 RESOLUTION NO. 2002-026 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. BR-DB-02-58 This PROJECT AGREEMENT made and entered into this day of Cl (� 200 2-by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Dania Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Dania Cut-off Canal Dredging, Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2004, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from October 1, 2002. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2005, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2004. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Eighty-two percent 82% of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $180,000.00. ® 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 2 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. The acknowledgment of $20,000 in applicant pre-agreement expenses, consistent with the project cost estimate (Exhibit B), is approved. 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 A: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The 3 Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall ® appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT 4 ® upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for ® accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR 5 ® shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where 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 and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, • construction, operation or maintenance of the PROJECT. 6 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. 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. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. 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 PROJECT SPONSOR at: City of Dania Beach Attention: Assistant to the City Manager - City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 24. 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. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS 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. • 27. 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. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WIT ESSES. FLORIDA INLAND NAVIGATION DI By. CHAIR 1 DATE: i WITNESSES: PROJEC7SPONS,., R . Y • Title: _C M .a n a�l DATE: 10 1 �-1 I D L4 9 EXHIBIT A CHAPTER 6613-2 — WATERWAYS ASSISTANCE PROGRAM (2002) 66B-2.001 Purpose. 6613-2.002 Forms. 66B-2.003 Definitions. 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. (Repealed) 66B-2.008 Project Eligibility. 6613-2.009 Project Administration. 66B-2.010 Project Agreement. (Repealed) 66B-2.011 Reimbursement. 66B-2.012 Accountability. 66B-2.013 Acknowledgement. 6613-2.014 Small-Scale Spoil Island Restoration & Enhancement Projects. 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 s. 374.976, Florida Statutes. 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 s. 374.976) F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.001. 1 EXHIBIT A ® , 66B-2.002 — Forms. All forms for the administration of this program are available from the District office. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.002. 66B-2.003 —Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION' means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. . (4) 'BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) 'BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY' means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) 'ENVIRONMENTAL PERMITS" means those permits, 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. 2 EXHIBIT A (9) "EXECUTIVE DIRECTOR" means the Executive Director of the ® . Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (13) "MEMBER COUNTY" means a county located within the taxing boundaries of the District, which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related ® duties in waterways of the District. (15) "PRE-AGREEMENT COSTS" means project costs approved by the District Board that have occurred prior to the execution of the project agreement. (16) 'PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (17) '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. (18) 'PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (19) 'PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. 3 EXHIBIT A (20) "PROJECT MANAGER" means the District employee who is ® , responsible for monitoring the performance of the Project and compliance with the project agreement. (21) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (22) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (23) "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. (24) "TRIM HEARING" means a public hearing required-by Chapter 200, F.S., concerning the tax and budget of the District. (25) "WATERWAYS" means the Atlantic Intracoastal Waterway, all ® navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION' means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-2-92, 2-6-97,Formerly 16T-2.003,Amended 5-17-98, 3-21-01. 4 EXHIBIT A 6613-2.004— Policy. ® The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, ® support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (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 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 5 EXHIBIT A 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. (2) Notification: The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the ® member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program 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 s. 327.46(1), F.S., in determining whether to approve the proposed boating speed ® zone. 6 EXHIBIT A (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) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (8) Third-Party Agreements: Projects that are being developed and operated by a third party which is a not-for-profit agency 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, oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement, and submission of the third party's most recent audited financial statement. All third party projects shall be open to the public in accordance with this rule. (9) 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. EXHIBIT A Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History — New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02. 6613-2.005— Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (a thru e) Waterways Assistance Program Application Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and b) Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 03-21-01), hereby incorporated by reference and available from the District office. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent 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, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at minimum, equal matching funds from the project sponsor with the exception of public navigation projects that meet the provisions of s.66B-2.005(7) and small-scale spoil island restoration and enhancement projects that meet the provisions of s.66B-2.013. Applicant's in- house costs are limited pursuant to s. 66B-2.008(1)(c). All financial assistance to ® seaports shall require equal matching funds. The District shall contribute no more 8 EXHIBIT A 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-1.008 and occur within the fiscal year of the grant application submission (October I" to September 301h). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half(1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. (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. (5) Seaport Funding Eligibility: Financial assistance to seaports may ® exceed the proportional share of the District's ad valorem tax collections as set 9 EXHIBIT A forth in s. 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in s. 66B-2.005(1) 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. (6) 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 per cent 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 s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only ® include those beaches that have been adversely impacted by navigation 10 EXHIBIT A 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 s. 161, F.S. (7) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to ninety (90%) per cent program funds include: (a) Navigation channel dredging where the project sponsor demonstrates 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. Other public navigation projects or project elements will only qualify for up to fifty percent (50%) program funding. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History — New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005,Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02 6613-2.006—Application Process. (1) Application Period: 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 Application Form Number FIND 90-22 (effective date 7-30- I1 EXHIBIT A 02) and 93-22 (effective date 7-30-02) are hereby incorporated by reference and available from the District office. With the exception of Small-Scale Spoil Island Restoration and Enhancement projects, 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. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22. (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 Resolution Form No. 90-21 (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) Application Review: Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. 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. (6) 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 12 EXHIBIT A directly benefit the maintenance of the Okeechobee Waterway channel in Martin County as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, 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 s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements. (7) 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. ® (8) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Forms No. 91-25 (effective date 3-21-01), and No. 91-25(a thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a & b) for Navigation Related District applications, hereby incorporated by reference and available from the District office. The total points awarded to each application by the Commissioners will be averaged to determine an applications 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. (9) Funding Determination: The Board will hold a funding allocation ® meeting at which time the Board will determine the allocation of funds, if any, to 13 EXHIBIT A each project. 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. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21-01, 7-30-02. 6613-2.0061 —Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1)FS. History—New 6-24-93, Amended 2- 6-97, Formerly 16T-2.0061. 66B-2.007—Application Form. (Repealed) Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02. 66B-2.008 - Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance 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. 14 EXHIBIT A 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; 5. Public spoil disposal site development; 6. Waterway signs and buoys for safety, regulation or information; 7. Public boat ramps and launching facilities and land acquisition for additional trailer parking at an existing boat ramp; 8. Public boat docking and mooring facilities; 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront boardwalks; 13. Waterways boating safety programs and equipment; 14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and 15. Other waterway related projects. (b) Ineligible Projects or Project Elements: Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition that is not for additional trailer parking at an existing boat ramp and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping; 2. Park and playground equipment; 3. Restrooms for non-waterway users; ® 4. Tennis courts; 15 EXHIBIT A 5. Roadways providing access to non-waterway users; ® 6. Parking areas for non-waterway users; 7. Utilities for non-waterway related facilities; 8. Lighting for non-waterway related facilities; 9. Irrigation equipment; 10. Maintenance equipment; I L Picnic shelters and furniture; 12. Vehicles to transport vessels; 13. Operational items such as fuel, oil, etc. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding: 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. 2. The following project costs, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding., will be eligible only as matching costs and cannot exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration, and inspection costs; 16 EXHIBIT A d. Applicant's in-house design, permitting, planning, ® engineering or surveying costs for completed construction proj ect; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project approved and executed by the project sponsor and project contractor must be submitted to the District. (d) Phase I Projects: Applications for eligible waterway projects that include construction elements below mean high water will 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 will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate ® that the environmental permitting element of Phase I will be completed by the District's final TRIM hearing. This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency stating that a permit is not required. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's final TRIM hearing, the Phase II project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management ® agreement or other legally binding document and shall be recorded in the public 17 EXHIBIT A property records of the county in which the property is located. This property ® control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co- applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws and regulations in the development of the project. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded ® through this program shall have at least ten (10%) percent of their slips or mooring areas available for transient vessels. Program funds to public marina projects shall not be utilized for maintenance of the facilities if revenues generated by the facility are not exclusively allocated to the operation, maintenance and improvement of the public marina facility. (5) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authority 374.976(2)FS. Law Implemented 374.976(1)—(3)FS. History—New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99,5-25-00,3-21-01, 7-30-02. 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 18 EXHIBIT A act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement, 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 nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or 19 EXHIBIT A project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95- 02, "Assistance Program Project Quarterly Status Report, dated 7-30-02, hereby incorporated by reference and available at the District office. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with s.66B-2.011. 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 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. 20 EXHIBIT A (c) Photograph(s) showing the installation of the sign required by s. 66B- 2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.009,Amended 3-21-01. 66B-2.010 — Project Agreement. (Repealed) Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-5-96, 1-01, Formerly 16T-2.010, Repealed 7-30-02. 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 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. 21 EXHIBIT A (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for ® non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 6-24-93, Formerly 16T-2.011,Amended 3-31-99, 7-30-02 6613-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system that 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 s.66B-2.009(4). 22 EXHIBIT A (3) Completion Certification: All required final completion certification documents and materials as outlined in s.66B-2.009(8) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.012,Amended 7-30-02. 6613-2.013 —Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project that 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. 23 EXHIBIT A Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Formerly 16T-2.013. 6613-2.014 — 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 provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02 Call for Proposals — Small Scale Spoil Island Restoration and Enhancement Program, effective date 7-30-02, hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. i (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 s66B- 2.014(4) (b). (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding. (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. 24 EXHIBIT A (4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005, subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Specific Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 7-30-02. 25 Exhibit B FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Dania Beach Cut-off Canal Dredging APPLICANT: City of Dania Beach, Florida Project Elements Quantity Estimated Applicant's FIND (Number and/or Cost Cost Cost Footage) j Permitting, Engineering/Design Soil Testing/Analysis 1 $20,000 $20,000 -0- Dredging 200,000 20,000 180,000 TOTAL $220,000 $40,000 $180,000 55 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification S onsor: i p � Project Title:�h ka CCJ- I,L �Y _ i �cject #: I hereby certify that the above referenced project Sponsor, as of October 01, 200_, 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 October 200 .* Project Liaison Name: =\/a n �i G�+� `�'1(L ✓I�c z Project Liaison Signature-'- Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. ® 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance All Funds Previously Requested Balance Available = Funds Requested Less Retainage (-10% unless final) Check Amount = Balance Available Less Check Amount �- Balance Remaining = SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "B") FIND-Form No.90-14 (NOTE:Signature Required on Page 2) Effective Date 7-30-02) FIND-Form No.90-14 Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "B") 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 "B" 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) 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 Cooperative Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph I 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) EXHIBIT F A PROJECT ASSISTANCE PROGRAM QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-DEC 15 Dec 15-Mar 1 Mar 1-June 15 June 15-Sep 1 Report Due: (Dec 31) (March 15) (June 31) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: ® Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G ® WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2002 - Project Agreement Executed, Project Initiates. DECEMBER 31, 2002 - First Quarterly Report Due. MARCH 15, 2003 - Second Quarterly Report Due. JUNE 30, 2003 - Third Quarterly Report Due. SEPTEMBER 15, 2003 - Fourth Quarterly Report Due. DECEMBER 29, 2003 - Fifth Quarterly Report Due. MARCH 15, 2004 - Sixth Quarterly Report Due. JUNE 29, 2004 - Seventh Quarterly Report Due. ® NOTE: If project will not be completed and all close out paperwork submitted by September P, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2004 - Closeout paperwork due. September 28, 2004 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit B, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. W$,. e S s ;�X"cYpe a zz ° A A r a}d„r S � g•z � a a � �3d, t a 'Ss f � � �� :."+� N,�a.h ag � ,;; �\.,� # ��o�& •�� .f � e w � -lAz ' �` �°° 'aY' `�"4 �`�tJ�� i_�� "�s"'�.aq p,.�'�g�'•� `a�'�r ? v^ d�. - q.9 � bar 3e°.s d s? PROPOSAL THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT TO THE COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA DATE: _March 18,2002 SUBMITTED BY: Subaqueous Services, Inc. ADDRESS: 4201 Kean Road Fort Lauderdale, Fl 33314 Gentlemen: The undersigned proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Dania Beach, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach, which are referred to below and made a part hereof, at the following unit prices, to-wit: BID For furnishing all labor, material and equipment to dredge the Dania Beach Cut-Off Canal (Between Griffin Road and 200 feet east of U. S. 1) to the specified depth, including mobilization and demobilization, acquisition of spoil disposal site, removal of fill, onsite testing services to perform sampling and testing of turbidity and submittal of test reports. Mobilization/Demobilization 0.00 Maintenance Dredging 13,333 CY @ S15.00 per CY S200,000.00 TOTAL $200,000.00 * This Item is contingent on Subaqueous Services, Inc. receiving a Notice to Proceed prior to the completion of the C-10 Canal for the Department of Transportation. Subaqueous Services, Inc. will provide the City of Dania Beach at least 30 days prior to completion of the C-10 Canal a completion date. If the City of Dania Beach cannot provide a Notice to Proceed by that stated completion date, then the City of Dania Beach will provide a Notice to Proceed within 15 days of that date and Subaqueous Services, Inc. will mobilize and demobilize at a cost of S50,000.00. If the Cite of Dania Beach cannot meet this requirement, the contract becomes Invalid. FOR: SUBAQUEOUS SERVICES, INC. Lane . Young, Vice President Date: March 18. 2002 ACKNOWLEDGEMENT OF CONTRACTOR STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 18th day of March, 2002, by Lance W. Young , as Vice President and respectively, of Subaqueous Services, Inc , a Florida corporation, on behalf of the corporation. They are personally known to me or have produce as identification and did/did not take an oath. Notary Public, State of Florida Signature of Notary taking Acknowledgement, Name of Notary Typed, Printed or Stamped Myop4miss y i7rad A.resl�i.,d ® Z Car=isslm#DD 04MM s5k cue Expi_tts an Juty 31, 2005 Mir Bcmxts g Ca, jr-- Commission Number s CONTRACT DOCUMENTS TECHNICAL SPECIFICATIONS FOR DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT ® PREPARED BY CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA PEACH, FLORIDA 33004 (954) 921-8700 CITY OF DANIA BEACH ENGINEERING &ARCHITECTURAL SERVICES CONTRACT Improvement or Project No. Description Contractor Amount Commission Approval Date CONTRACT DOCUMENT CONTRACT (To be executed in triplicate, two copies to be filed in the Office of the City Engineer of Dania Beach, Florida, and one copy to be given to the Contractor). THIS AGREEMENT, entered into on 2002, between: CITY OF DANIA BEACH, a municipal corporation of Florida, called the "City" And Subaqueous Services, Inc , called the "Contractor", a Florida corporation. The "Project" is: DANIA BEACH CUT-OFF CANAL The City and Contractor agree as set forth below: The Contractor by virtue of signing the Contract, acknowledges that they and all their subcontractors have satisfied themselves as to the nature and location of the work, the general and local conditions including, but not restricted to: those bearing upon transportation and traffic maintenance; disposal, handling and storage of materials;access road to the site; the conformation and conditions of the work area; and the character of equipment and facilities needed preliminary to and during the performance of the work. Failure on the part of the Contractor to completely or properly evaluate any factors of costs. In consideration of the mutual covenants and obligations of this contract, the City does award the contract to the Contractor, and the Contractor does agree to furnish the necessary labor, tools, equipment, material and supplies, etc., and to perform the work specified below at the following prices, to-wit: THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT The undersigned Contractor proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Dania Beach, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach, which are referred to below and made a part hereof, at the following unit prices, to-wit: SCOPE OF WORK For furnishing all labor, material and equipment to dredge the Dania Beach Cut-Off Canal to the specified depth, including mobilization and demobilization, acquisition of spoil disposal site, removal of fill, onsite testing services to perform sampling and testing of turbidity, submittal of test reports and provide a FDEP approved Manatee observer during all water related work in accordance with special environmental permit conditions, the lump sum of 5200.000.00 Dollars and no cents cents. The reference standards are contained in the 1991 edition of the Florida Department of Transportation's Standard Specifications for Road and Bridge Construction (FDOT) and its supplements with changes pertaining thereto, as amended by the specifications. PRE-CONSTRUCTION SCHEDULING: After the "Award of Contract" and prior to the issuance of the "Authorization to Occupy the Site," a pre- work Conference will be held between the Contractor, Cite, the Engineer, utility companies and other contractors affected by the work. The time and place of this conference will be 1. Pre-construction meeting 2. Insurance Certificate from Contractor to City naming the City of Dania Beach and Broward County as additional insured's 3. Performance Bond Certificate from Contractor to City 4. Contract starting time *Project Completion Date 120 days after the date of commencement ® * Liquidated damages will include $200.00 per day from the substantial completion date. These prices include the protection and continuous use of all existing sewers; conduits, drains, pipes, buildings, walks, bridges and other construction encountered, and the prompt repairing of any damage done them during the progress of the work or from insufficient support; also, all filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also, all pumping, bailing, draining or dewatering of all the excavations incidental to the execution of the work; also, all loss or damage arising out of the nature'of the work or from actions of the elements, or from any unforeseen obstruction or difficulties encountered in the prosecution of the work; also, the furnishing of all necessary labor, tools, equipment, materials and supplies, etc., and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the work specified and a faithful compliance with each and every one of the requirement of the contract and for the faithful completion of the whole,in the manner specified, including the maintenance of the entire work and construction in good condition and repair until final acceptance. In consideration of the payments and covenants to be made and performed by the City, the Contractor does agree: (1) To furnish all labor, tools, equipment, materials and supplies and to do all the work in a first-class, substantial and workmanlike manner, and in conformity details for the work on file in the Office of the City Engineer of the City of Dania Beach, Florida, and strictly in accordance with the specifications, general stipulations and plans which are referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the City Engineer of the City, and in strict compliance with the directions which may be given by the City Engineer or his authorized representative, at and for the prices plainly set forth. (2) Upon notification by the City, to correct any defective or faulty work or materials which may appear within one (1) year after completion of contract and receipt of final payment. (3) To comply with the regulations of the Secretary of Labor of the United States of America made ® pursuant to the Anti-Kickback Act of June 13, 1934, 40 U.S.C. 276(c), the Dallis-Bacon Act, 40 U.S.C. 276a-7, and any amendments or modifications thereto, and the Contractor shall cause appropriate provisions to be inserted in its subcontracts to insure compliance by its subcontractor(s) under the provisions of the Anti-Kickback Act, subject, however, to any reasonable limitations,variations, tolerances and exemptions from the requirements of the Anti- Kickback Act as the Secretary of Labor may specifically provide. The Contractor will comply with all provisions of Executive Order 112.46 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (4) To pay promptly and before final settlement, any and all claims or liens incurred in and about this work. (5) The contractor agrees that representatives of the U.S. Public Health Service and the State of Florida shall have access to the work wherever it is in preparation or progress, and that the Contractor will provide proper facilities for such access and inspection. (6) Apprentice and'Trainee Requirements: Apprentices shall be registered individually under a bona fide apprenticeship program registered with a state apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor. All contracts in excess of$25,000 shall be governed by the following: Contractor or supplier agrees to make a diligent effort to hire for the performance of the contract a number of apprentices or trainees in each occupation which bears to the average number of journeymen in that occupation to be employed in the performance of the contract, the ratio of at least one apprentice or trainee to every five journeymen. Contractor or supplier agrees,when feasible, to assure that 25% of such apprentices or trainees are in their first year of training, except when the number of apprentices or trainees to be hired is fewer than four. Contractor or supplier agrees to submit, at three month intervals, to the Bureau of Apprenticeship of the Division of Labor, records of employment by trade of the number of apprentices or trainees employed; race of all apprentices; the number of apprentices or trainees in their first year of training; and total hours of work of all apprentices, trainees and journeymen. Contractor or supplier agrees to submit to the Bureau of Apprenticeship of the Division of Labor, at three month intervals, a statement describing steps taken toward making a diligent effort in the hiring of apprentices and trainees and containing a breakdown by craft of hours worked and wages paid for first year apprentices or trainees, other apprentices or trainees and journeymen. (7) The following documents are incorporated and made a part of this contract: (a) All documents which are attached. (b) "Statement of Work," the "Proposal," "Special Conditions," "General Conditions," and "Specific Provisions" attached hereto, the "Performance Bond, " the plans already prepared, all addenda issued by the City before and all provisions required by law, whether actually inserted or not. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mavor- Commissioner, City Manager, attested by the City Clerk with the corporate seal of the said City of Dania Beach, and the Contractor has executed these presents the day and year written. Signed, Sealed and Witnessed CITY OF DANIA BEACH, in the Presence of: FLORIDA: By Witness Mayor-Commissioner By_ Witness City Manager Approved by: Attest: City Engineer City Clerk Approved as to form: City Attorney WITNESS: CONTRACTOR: Witness — Print or type name Corporate Name By Witness — Print or type name Corporate Seal Name/Title SPECIAL CONDITIONS SPECIAL CONDITIONS DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT GENERAL: It is the intent of the contract to provide for maintenance dredging f p gmg o a man-made canal to provide a 60-ft. bottom width at a depth of(-)6.5 feet Mean Low Water referenced to N.G.V.D. LOCATION: The project is located between Griffin Road and 200 feet east of U.S. 1 along the Dania Beach Cut-off Canal, a man-made canal, Class III Waters,in Dania Beach Beach, Broward County, Florida. PROJECT IDENTIFICATION: The Contractor must provide a project sign 8 feet high x 4 feet wide of Marine grade plywood and wood frame construction, newly painted and lettered according to the accompanying sketch. The sign shall be painted and lettered in accordance with professional outdoor sign painting standards as to lay-out, symmetry, proportion, clarity, neatness and use of weather-resistant colors and materials. Sign design shall be approved by City and installed prior to commencing work. No other signs shall be erected without City permission, except those signs required bylaw. Contractor will not be paid separately, for project sign. PERMIT REQUIREMENTS: The Contractor shall comply with all conditions of the Florida Department of Environmental Protection (FDEP) permit, and the Broward County Department of Natural Resource Protection (BCDNRP) License to be obtained for this project. The permit and license will be obtained by Sea Systems Corporation and will be attached to these specifications. EXCAVATION: The Contractor shall excavate to the line and grade shown on the plans. Tolerances shall be ±0.5 feet. The Contractor shall achieve a minimum depth of at least (-)6.5 feet along the 60 foot bottom width throughout the length of canal being dredged. The Contractor may exceed this tolerance by no more than 6 inches (deeper). PRESERVATION OF PROPERTY: The Contractor shall preserve from damage all property along the line of work or which is in the vicinity or is in any way affected by the work, the removal or destruction of which is not called for by the plans and specifications. This applies to private buildings, signs, trees, pavement, sidewalk, grass, seawalls, docks, etc., and whenever such property is damaged,it shall be restored to a condition satisfactory to the Engineer. The Contractor shall erect and maintain all necessary barricades, suitable and sufficient red lights, danger signals and signs and shall take all necessary precautions for the protection of the work and safety or the public. All operations of the Contractor, including storage of materials upon City premises, shall be confined to areas authorized by the Project Manager. No unauthorized entry upon or passage through, or storage or disposal of materials, shall be made on City premises. City premises adjacent to the construction will be made available for use by the Contractor without cost, whenever such use will not interfere with other City uses or purposes. OPERATIONS: All elevations referenced to 0.0 Feet National Geodetic Vertical Datum (NGVD). MHW for the Dania Beach Cut-Off Canal is +1.8 Feet N.G.V.D. MLW is (-)0.55 Feet N.G.V.D. ® It is the Contractor's responsibility to make his own field investigation of ossible dredged material P tyP g discharge sites. The investigation should consider/include the depth of water and distance from the work area to the discharge site, existing features of the land (such as mangrove trees or other obstructions) which may be damaged by his operations, costs associated with preparing and restoring of the dredge discharge/transfer site, vehicular traffic and traffic control, elevation of land above normal water level fluctuations, noise level of equipment and its impact on neighboring properties, and any other factors which the Contractor must include in preparing his time and operations studies and bid prices for performing the designated dredging work. Dredged soil material shall become the sole property of the Contractor. The Contractor shall move and stockpile the dewatered dredge material in accordance with the Engineer's instruction. CHANGES IN THE WORK: It is the Contractor's responsibility to maintain detailed records of the work performed on a time and materials basis. The Contractor will provide the information necessary for an evaluation of contract changes, and to substantiate costs and/or time extensions to the contract. The data necessary to support quotations and/or change computations are: Quantities of materials, labor and equipment; Taxes, insurance and bonds; Overhead and profit;Justification for changes in contract time; and Credit(s) for deletions in contract requirements. The Contractor shall support requests for additional cost for work performed on a time and material basis utilizing the following additional documentation: Origin and date of authorization; Dates and times work was performed and by whom the work was performed; Time records and actual wage rates paid to those performing the work; Invoices and receipts for materials and equipment; and similar documentation from all involved subcontractors. An authorization/change order shall be authorized by the Engineer and the City based in a Change Proposal Request and properly itemized Contractor's lump sum quotation. The Engineer will determine the change allowable in the Contract Sum and Contract Time based on the Contractor's submission. All changes in the Contract Time must be authorized by an approved Change Order to the Original Contract as approved by the Board of City Commissioners. SCHEDULE OF VALUES: The schedule of values to be submitted shall be typed on Contractor furnished forms. Each line item shall be identified by number and title of major specifications section, and the Engineer will provide minimum requirements. The Contractor shall list the installed value of each item of work and each subcontracted item of work as separate line items which will serve as the basis for computing values for the Progress Payments. Contractor will round off values to the nearest dollar, this sum of values listed shall equal total cost of the contract. The Contractor shall submit three copies of the Schedule prior to the award of the contract, the form and content must be acceptable to both the Engineer and the City. The Contractor shall provide substantiating data to the City or Engineer when necessary to justify line item amounts in question. DREDGE DISCHARGE SITE: The Contractor shall procure the dredge discharge site. The dredge discharge site will be a parcel of land mutually agreeable to the City, the City Engineer and the Contractor. The material excavated shall be deposited upland in a manner which will prevent sediment filled effluent from re-entering the water. For any material that is deposited or allowed to flow elsewhere than in places designated or approved by the Engineer, the contractor shall be required to remove such misplaced material and deposit it in the approved area at his own expense. The dredge discharge area shall be restored to the satisfaction of the City and the City Engineer. The Contractor shall repair to the satisfaction of the City and the City Engineer all existing features at the dredge discharge site damaged by this operation. The Contractor will hold the Cite harmless for all actions and work conducted at the disposal site. The form and context of the agreement shall be drafted by the City Attorney and shall be included in the agreement to be approved by the City Commission. METHODS OF DREDGING: Excavation may be accomplished by dredging with dragline excavator, back-hoe, or hydraulic dredge. The Contractor is responsible for providing turbidity monitoring p p g ty toning equipment and having trained personnel available at all times during dredging and for ensuring his operations do not cause degradation of water quality in Dania Beach Cut-Off Canal beyond the limits set forth by regulatory agency permits (29 NTU's above background). Turbidity tests shall be performed once every two (2) hours during dredging operations for each and every dredging operation, beginning one hour after commencement of dredging. This sample includes both the background location and compliance location. Background turbidity shall be measured upstream at least 50 meters from the work areas, outside of any visible turbidity plume, taken at mid-depth. Compliance turbidity shall be measured downstream at least 150 meters from the dredge and within the densest portion of any visible turbid plume at the mid-depth. The Contractor is responsible for complying with requirements in all regulatory agency permits. The City- has performed no percolation tests and makes no guarantees regarding the time of non-stop dredging or the frequency of interruptions the Contractor may experience due to conditions of the dredge discharge Site. EXISTING DRAINAGE: Except as specified or shown on the Contract drawings, the Contractor shall not block or restrict flow in a natural drain, existing canal or ditch at any time without obtaining prior approval in writing. This approval, however, shall not be construed as relieving the Contractor of responsibility for any damage caused by his operations. Should the Contractor place excavated materials in any canal, ditch or natural drain, the materials so placed shall be immediately removed as required to restore conditions existing prior to work under this Contract and the materials disposed of as specified. TRAFFIC: The Contractor is responsible, at his own expense,-_for maintaining p p g a navigable passage through the Dania Beach Cut-Off Canal at all times during the project. Navigational and/or other vehicular traffic shall not be interrupted without written permission from the City. The Contractor shall refer to the City of Dania Beach permit for specific requirements with regards to vehicular and navigational traffic. The Contractor shall provide and maintain access to fire hydrants. Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink or misplace any material, plant,machinery, or appliance,which in the opinion of the Engineer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with utmost dispatch. The Contractor shall give immediate notice,with description and location of such obstructions, to the Engineer, and when required, shall mark or buoy such obstructions until the same are removed. Should the Contractor refuse, such obstructions may be removed by the City, and cost of such removal may be deducted from any money due or to become due to the Contractor or may be recovered under his/her bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Divisions 15, 19, and 20 of the River and Harbor act of March 3, 1899 (33 U.S.C. 410 et seq.). SECURITY: The Contractor shall provide security facilities to protect work and existing facilities and the City's operations from unauthorized entry,vandalism or theft. In addition, the Contractor will coordinate with the City's security program. INSURANCE: The insurance policy required by this project shall name the City of Dania Beach as the insured. LIQUIDATED DAMAGES: The Contractor shall pay the City as damages for non-completion of the work by the substantial completion date, Two Hundred Dollars and No/100 ($200.00) for each calendar day exceeding the substantial completion date until final completion of the project. BASIS OF PAYMENT: Based upon Applications for Payment submitted p pp y to the Engineer by the Contractor and Certificates for Payment issued by the Engineer, the City shall make progress payments on account of the Contract Sum to the Contractor,items of work under this contract have been established to provide a basis for field measurement and a lump sum and items to be considered in the bid are as follows: Mobilization and demobilization of equipment and manpower (move-in and move-out). This item shall include payment for furnishing the required insurance coverages, overhead and other fixed costs associated with project start-up, permit requirements and clean-up completion of all work. This item has been provided so that in the event it is necessary to substantially increase, decrease or omit unit items of work, the Contractor will not suffer financial loss due to fixed costs he may have included in those items of work. Payment for mobilization, demobilization and fixed costs will become eligible as follows: 35% of lump sum after work is acceptably in progress within the Contractor's work area. 25% of lump sum after work is acceptably in progress within the Contractor's work area, with 25% of the work completed. 20% of lump sum after work is acceptably in progress within the Contractor's work area with 50% of the work completed. ® 20% after project completion (with final payment). It is acknowledged that dredging of the work area may require movement of the barges and equipment over land or across the waterway, utilization of dredged material transfer areas and restoration of those areas, perhaps different types of dredging equipment, assembly and/or disassembly, followed by reassembly. Payment for these moves, multiple types of equipment,reduction in productivity, utilization and restoration of work areas shall be included in the Lump Sum bid for Item 1. In any event, the maximum payment under Item 1 cannot exceed one lump sum regardless of the number of trips, moves, types of equipment, or set-ups the Contractor may make. The Engineer will review the Contractor's schedule of values and adjust if necessary the cost of this item prior to award of Contractor. The contractor shall prepare the schedule of values for review and approval by all parties prior to award of the contract by the City Commission. Dredge and/or excavate earth material from designated area in Dania Beach Cut-Off Canal. This item shall include all costs associated with dredging and/or excavating material such as sand, silt, muck and the delivery and maintenance of a dredge discharge site, maintenance of vehicular and water-borne traffic, turbidity control devices, and all other costs associated with removing river bottom material to the lines and grades shown on the plans. The Contractor shall be paid for dredging only to the limits shown as proposed on the plans and specifications. Material dredged by the Contractor beyond those limits will not be paid. APPLICATION AND SUBMITTAL OF PAYMENT: Type the required information or use media- driven print-out. Execute certification by signature of authorized officer. Use data on the accepted schedule of values and provide dollar value in each column for each line item for portion of work performed and for stored products. List each authorized change order as an extension of continuation sheet, listing the change order number and dollar amount as for an original item of work. Submit three copies of each application for payment each time it is stipulated in the agreement. When the City or the City Engineer requires substantiating information, the Contractor will submit data justifying line item amounts in question. The Contractor must show the application number, date and line item by number and description. THE CONTRACTOR SHALL: I. PUBLIC LIABILITY: Provide Owner's, Contractor's Protective Liability Insurance,including City as an additional insured,with minimum limits of$100,000 per person, $300,000 per occurrence and $50,000 property damage. II. WORKER'S COMPENSATION: Provide Worker's Compensation and Employer's Liability Insurance for the benefit of the Contractor's work force. III. INDEMNITY: Protect, defend,indemnify- and hold harmless the City of Dania Beach, its officers, employees and agents from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, costs, charges and other expenses or liabilities of every kind in connection with or arising directly out of the work agreed to be performed herein. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statue, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. The Contractor further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at his/her sole expense and agrees to bear all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or fraudulent. In case of injury to persons, animals or property, real or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards and signals or by reason of any negligence of any contractor, subcontractor or any of the Contractor's agents, servants, or employees during the performance of the work before the estimates have become due under this contract, the City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of the City as Owner, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as herein above set forth. IV. AUTOMOBILE LIABILITY: Covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence V. BUILDER'S RISK: If a structure is to be erected, the Contractor must also provide Builder's Risk Insurance for the full insurable value of the premises being constructed, and the policy should be endorsed to the effect that the interests of the City are included as a loss payee and the carrier waives all right of subrogation against the City. VI. CERTIFICATES OF INSURANCE: Before commencing performance of this contract, the Contractor shall furnish the City of Dania Beach a duplicate policy of Certificate of Insurance for the required insurance specified above, which shall contain the following: a) Name of insurance carrier(s); b) Effective and expiration date of policies; c) Thirty days written notice by carrier of any cancellation or material change in any policy; d) Duplicate Policy Certificates of Insurance stating that the interests of the City are included as an additional named insured, and specifying the project/location ** Such insurance shall apply despite any insurance which the City may carry in its own name. VII. SUBCONTRACTOR INSURANCE: Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverages that the Contract may consider necessary, and any deficiency in the coverages or policy limits of any subcontractors will be the sole responsibility of the Contractor. CONTRACT CLOSE-OUT PROCEDURES CONTRACT CLOSE-OUT PROCEDURES SUBSTANTIAL COMPLETION: The date of substantial completion of a project or specified area of a project is the date on which the construction is sufficiently completed,in accordance with the contract documents, or as modified by a change order agreement, so that the City may occupy the project or specified area of the project for the use for which it was intended. PROCEDURES: 1) All work must be completed to the satisfaction of the appropriate Department having jurisdiction over the work. The Contractor must furnish the City with a certified as-built survey prepared by a registered Florida land surveyor. 2) When the Contractor considers the work,or a specific part thereof, substantially complete, the Contractor will provide written notice to the Engineer in the form of a Contractor's Request for Substantial Completion Inspection together with the Substantial Completion Inspection Punch List Items form,which form will list items to be completed or corrected with notes indicating projected completion date of each item. The Engineer will inspect the status of the work within a reasonable time after the receipt of Contractor's request. 3) If the Contractor is notified in writing, that the Engineer or the City determined that the work is not substantially complete and/or the Contractor's Punch List is seriously deficient in providing a true representation of the status of the work, the Contractor shall remedy deficiencies noted in the Engineer's or City's notification and send a second request for inspection. 4) At the time the Engineer determines that the work is substantially complete, a Substantial Completion Inspection Punch List form and detailed Punch List will be prepared and forwarded to the Contractor for corrective action. 5) Within fourteen days of receipt of detailed Punch List, the Contractor shall review the document, request clarification if necessary and notify the City and Engineer in writing of the items on the punch List which the Contractor believes are not a part of the Contract Work. Failure on the part of the Contractor to so notify the City and the Engineer will constitute acceptance by the Contractor of the list and agreement to correct deficiencies within the time noted. 6) Upon acceptance of the Punch List, a Certificate of Acceptance for Substantial completion will be prepared and executed. FINAL COMPLETION: When the Contractor determines that all work indicated in the Substantial Completion Punch List as prepared by the Engineer is complete, the Contractor shall submit written certification that the work has been inspected for compliance with the contract documents, that the work has been completed in accordance with the Certificate of Acceptance for Substantial Completion and its attachments have been completed, and that the work is complete and ready for final inspection. When the City and Engineer determine the work is complete, the Contractor will provide close-out submittals. ® If the City and Engineer find that the work is incomplete, the Contractor will be notified in writing off all observed deficiencies, and the Contractor will remedy the deficiencies and submit a second certificate. SUBMITTALS — SUBSTANTIAL PERFORMANCE: This submittal shall include the Contractor's Request for Substantial Completion Inspection together with Substantial Completion— Punch List Items indicating Contractor's evaluation of the status of the work completed; evidence of compliance with the requirements of governing authorities,including certified as-builts;project record documents; evidence of payment,including Subcontractor's statements of satisfaction, and/or consent of surety to requisition ® payment. SUBMITTALS —FINAL ACCEPTANCE: This submittal shall include the Contractor's certificate that the Contractor Work and Substantial Completion Inspection Punch List Items have been completed in accordance with Contract Documents;warranties and bonds; evidence of final payment and 4 final release of claim, the final release of claim must be furnished for all subcontractors and material suppliers of record for the project, the city may at its option accept a properly executed consent of surety to requisition payment in lieu of the Final Release Claim. Upon completion of the Contract Work, the city will prepare a Certificate of Final Acceptance reflecting adjustments to the Contract Sum,including the original contract sum; the total of all adjustments to the contract sum, including but not limited to, change orders, final adjustments to contingency allowance, deductions for uncorrected and/or retesting due to failed tests and other adjustments to the contract sum; deductions for liquidated damages, assessed after substantial completion; final adjusted contract sum. ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT • WATERWAYS ASSISTANCE PROGRAM City of Dania Beach WHEREAS, THE is interested in carrying out the (Name of Agency) ! Broward County following described project for the enjoyment of the citizenry of and the State of Florida: Project Title City of Dania Beach Design and Implementation Plan Total Estimated Cost$ 220,000.00 Brief Description of Project: The design and implementation of the Dania Cut-off Canal for the purpose of dredging in the most efficient, ecologically sound manner. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Dania Beach (Name of Agency) that the project described above be authorized, • AND, be it further resolved that said City of Dania Beach (Name of Agency of dredging cost make application to the Florida Inland Navigation District in the amount of gp* % of the actual cost of the project in behalf of said City of Dania Beach (Name of Agency) AND, be it further resolved by the City of Dania Beach that it certifies to the following: (Name of Agency) 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No.90-11 (Rev. 10-14-92) (1) 56 r, 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dania Beach for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or ` national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws,rules and requirements. . 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the • funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Dania Beach at a legal tmg held on this 26th da o f February 20 02 Attes ,/` ignature CHARLENE JOHNSON, CITY CLERK TVAN PATQ, CITY MANAnFR Title Title APPROVED AS TO FOR1M AN CORRECTNESS: Z_ THOMAS J. ANSBRO ( PA RIC A FL RY CITY ATTORNEY MAYOR 57 CITY OF DANIA BEACH • s MEMORANDUM TO: Ivan Pato City Manager FROM: Bonnie Temchuk Assistant to the City Manager DATE: February 21, 2002 SUBJECT: Request for Agenda Item Issue I am requesting that an agenda item be placed on the February 26, 2002 agenda. Explanation • The City of Dania Beach has an opportunity to apply for grant funding through the Florida Inland Waterways District (FIND) to prepare a design and implementation plan for the dredging of the Dania Cut-Off Canal from approximately 200 feet east of US 1 to the C-10 Canal. The estimated cost of this plan is $100,000. We are requesting permission to apply for$50,000 from FIND and utilize $50,000 from the $100,000 in revenues received from the FPL Special Exception, approval dated July 24, 2001, designated to be used for waterway related uses and improvements to the general vicinity, which has been recommended by the Marine Advisory Committee to match this amount. Therefore, this plan would be completed at no cost to the City. We are also requesting the preparation of the RFP for this design and implementation plan, which is included in the resolution, be based on performance and not lowest bidder. Once the projected cost of the dredging is established, we will seek grant funding for 75% of the total cost. The City would be responsible to provide a 25% match. It is anticipated that grant funding for the dredging would be obtained in calendar years 2003 and 2004. We are also asking in the resolution that the City set aside money through debt finance or other available means for this project. Recommendation The item be placed on the agenda for the February 26, 2002 Commission meeting. FLORIDA INLAND NAVIGATION DISTRICT I rl:C�fsa ,K_.w �11"y^,+ ul!)Cr To: Local Governments From: Mark Crosley, Assistant Executive Director Subject: 2002-03 Waterways Assistance Program Date: January 03, 2002 Attached is an application package for the District's 2002-03 Waterways COMMISSIONERS Assistance Program. Through this program the District has provided over $62 million in funding assistance to local governments within our District TED B.MOORHEAD to perform waterways improvement projects. Project types eligible for Chair BREVARD COUNTY funding include public navigation, public waterway access facilities CHARLES R.FAULKNER public recreation, inlet management, beach renourishment, environmental Vice-Chair education and boating safety projects directly related to the waterways. t E N OUNTY CATHL C.VO GEL The funding level of this year's program will be determined in July based Treasurer HL upon the availability of funding to the District and the quality and number MIAMI-DADE COUNTY of applications received. JI-ANG SONG Secretary PALM BEACH COUNTY Applications are due in the District office by 4:30 PM, March 29, 2002. APPOINTMENT PENDING Your application must be discussed with your local FIND ST.LUCIE COUNTY Commissioner prior to March 01, 2002. The application must be •THO DUV P.JONES,JR. initialed b the Commissioner prior to submission to the District DUVAL COUNTY Y GRAYCE K.BARCK office on March 29, 2002. Please see the application package for the VOLUSIA COUNTY complete program schedule and the name and address of your GAIL A.BYRD Commissioner. MARTIN COUNTY SUSAN M.ENGLE Please note that only two (2) copies of your application are required. BNETH F.OUNTY HOFF Only the requested information should be submitted, applicants are KENNETH F.HOFFMAN INDIAN RIVER COUNTY advised not to submit"extra" information, dividers or bindings not CHARLES A.PADERA necessary to the application requirements. Also, note that any application ST,JOHNS COUNTY failing to include the required application items (with the exception of development permits)will be eliminated from consideration on May 31, DAVID K.ROACH 2O02. There is no waiver available for this deadline. EXECUTIVE DIRECTOR MARK T.CROSLEY Please contact me should you have any questions concerning our program ASSISTANT EXECUTIVE DIRECTOR or the application. Solving questions or problems prior to the preparation and submission of your application will save us both time and effort and result in a more successful application. ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD,JUPITER,FLORIDA 33477.9498 TELEPHONE 561-627.3386 FAX No.561-624-6480 www.aicw.org 1 EXHIBIT "o ul o • s 9t - _ ' FLORIDA February 20,2002 Dear Honorable Mayor Pat Flurry: At the last Marine Advisory Board Meeting February 13th, the subject of Dredging the Dania Cutoff Canal from the C-10 Canal to the 200'east of the U.S. 1 Bridge,was discussed.As you are aware,we have actively pursued this venture using all our local and State contacts. We all feel very strongly about the need to dredge and enhance the canal ways in our city. At this time, we have an opportunity to initiate this at a very minimal cost by utilizing the Grant System. As you are aware, you do need seed money to start the process. In this particular case,we do have the money to start this process. Money ear marked for the canal ways given to the City for use on the canal ways by F.P.L.. ® Upon lengthy discussions the Marine Advisory Board unanimously recommends by vote to the Commission that the money be earmarked for this Design and implementation Drawings and the procurement of the necessary permits to secure the Find Grant and the B.P.I.P Grant monies to fund this project to it's completion. Sincerely, � r Cindy Calhoun Chairperson Dania Beach Marine Advisory Board EXHIBIT lY "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us ATTACHMENT E-7 ATTORNEYS CERTIFICATION OF TITLE (See Rule 66B-2.006(4) FAC) OFFICE OF THE CITY OF DANIA BEACH ATTORNEY 100 West Dania Beach Boulevard Dania Beach, Florida 33004 February 26, 2002 TO WHOM IT MAY CONCERN: 1, Thomas Ansbro, am the Attorney for the City of Dania Beach, Florida. I hereby state that I have examined a copy of the Special Warranty Deed from Alandco/Cascade, Inc. to the City of Dania Beach dated April 15, 1998 conveying Fee Simple in the following described property: See Attached, Exhibit "A" Legal Description I have also examined a document showing that this property is listed on the tax rolls as belonging to the City of Dania Beach. Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called"Griffin Marine Park". I certify that the City of Dania Beach does in fact own this property for forever years. Very truly yours, Thomas Ansbro City Attorney FIND Form No.94-26 EXHIBIT "A" LEGAL DESCRIPTION The South 148 feet of the East one-half of Tract 11, Block 3, of Section 29 Township 50 South, Range 42 East, less the East 25 feet thereof for road right-of-way, according to the Plat thereof,as recorded in Plat Book 2,Page 32,ofthe Public Records of Dade County,Florida,land situate,lying and being in Broward County,Florida;and the East 172.25 feet of Tract 11 in Block 3, of Section 29, Township 50 South, Range 42 East, according to the Plat thereof, as recorded in Plat Book 2, Page 32,of the Public Records of Dade County,Florida,LESS the South 544 feet thereof; and also less the North 25 feet thereof and the East 25 feet thereof, said lands situate, lying and being in Broward County, Florida. Together with reversionary interest in said North 25 feet and said East 25 feet; and commencing at a point 25 feet South of and 35 feet East of the Northwest corner of Tract 11,Block 3, of the Subdivision of Section 29,Township 50 South,Range 42 East,according to the Plat thereof recorded in Plat Book 2,Page 32,ofthe Public Records of Dade County,Florida; thence run East and parallel to the North boundary line of said Tract 11 a distance of 604 feet;thence run Southerly and along the East boundary of said Tract 11 a distance of 207.94 feet to the Point of Beginning;thence continue Southerly a distance of 296 feet;thence run Westerly and parallel with the South boundary of said Tract 11 a distance of 319.19 feet;thence run Northerly a distance of 296 feet; thence run Easterly a distance of 319.35 feet to the point of beginning, Less the East 25 feet thereof, for a road right-of-way. Said lands situate, lying and being in Broward County, Florida, ALSO KNOWN as Lots L and K of Unrecorded Plat of Tract 11 and 13 of Block 3,of Section 29, Township 50 South,Range 42 East for Sally L. White;and the North 100.18 feet of the South 544 feet ofthe East 172.25 feet of Tract 11 in Block 3 of Section 29,Township 50 South,Range 42 East, • according to the Plat thereof, recorded in Plat Book 2, Page 32, of the Public Records of Dade County,Florida.Less and excepting therefrom the East 25 feet thereof. Said lands situate,lying and being in Broward County,Florida;and the North 100.22 feet of the South 544 feet of the East %2 of Tract 11 in Block 3 of Section 29,Township 50 South,Range 42 East,according to the Plat thereof, recorded in Plat Book 2, Page 32 of the Public Records of Dade County, Florida. LESS and excepting therefrom the East 172.25 feet thereof. Together with the West 27.25 feet of said East one-half of Lot 11,Less the South 544 feet thereof and also less the North 25 feet thereof. LESS that certain road right-of-way lying East of said lands as recorded in Official Records Book 17308,Page 125, of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County,Florida.The West''/2 of Lot 8,in Block 3,lying South ofthe Dania Cut-Off Canal, and Less the South 21 feet thereof,of MARSHALL EVERGLADES SUBDIVISION,in Section 29, Township 50 South,Range 42 East,according to the Plat thereof,as recorded in Plat Book 2,at Page 32, of the Public Records Dade County,Florida. Less and excepting that certain road right-of-way lying West of said property as recorded in Official Records Book 17308, Page 125, of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. CkVfl)_rSurvry • vata uispiay for rono ivumoer nttp://www.bcpa.neVbcpa/owa/results.folio—out � . II MUK -A i, CF , ASA ro„My r SROTIVARD COUNT'PROPERTYAPPRAISER Previous Next View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site 2987 SW 45 ST Address Dania Legal Description Property ID# MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 W1/2 OF 504229010970 LOT 8 S OF CANAL LESS S 21 FOR CO RD & LESS W 25 THEREOF & LESS PT LYING SW OF CHD OF CURV,SAID Millage Code CURV BEING TANG TO LINE 25 E OF WIL & TANG TO LINE F 0443 21 N OF S/L OF LOT 8 BLK 3 Use Code Property CITY OF DANIA 89 Owner Mailing 100 W DANIA BEACH BLVD Address FDANIA FL 33004-3643 Property Assessment Values Year wand ---TTu-i1amg aL n �aTue ota _ ax Current 121,550 F 1 1121,550 2001 121,550 121,550 .00 2000 121,550 F_ 121,550 .00 Save Our F Exemptions Home Value Type 14 WidNet/Dis Homestead Non-Exempt 121,550 Sales History Land Calculations Date Type Price Book Page Price Factor Type 04/98 WD* 1 220,000 28188 F 25-1 65,000 1 1.87 F AC 11/88 I D F 100 115954 F 194 10/88 1_wF 240,000 [—F �— �- 02/79 F W 100,000 F_F_ —1 7-F— Adm. Bldg. S.F. i 1 of 2 2/21/02 3:57 PNI liana liispiay ror rouo Numoer http://www.bcpa.netfbcpa/owa/results.folio—out Special Assessments "--Fire Gar age CF I�liscelianeous gain g mT provement Safe al Copyright©2000 - Broward County Property Appraiser's Office http://www.bcpa.net • • 2 of 2 2/21/02 3:57 PM vata uispiay ror rouo Numoer http://www.bcpa.net/bcpa/owa/results.folio—out _ ILLIA I[II Mj"fi, CFA, ASA BROARD COUNTY PROPERTY APPRAISER Previous Next View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site Not Available Address Legal:Description MARSHALLS EVERGLADES SUB 2-32 D 29-50-42 PART OF Property.ID# LOT 3 BLK 2 WHICH LIES SOUTH OF CANAL EASEMENT 504229010950 RECORDED IN DB 722/393 AND WHICH LIES NORTH & Millage Code EAST OF THE BANK OF LAKE NOT INCLUDED IN PORT 95 0543 COMMERCE PARK PLAT Use Code Property ALANDCO INC Owner 0/1FPL-ALANDCO-ALC/GB 40 Mailing PO BOX 14000 Address JUNO BEACH FL 33408-0420 Property Assessment Values Year a� "�" "--ffuliff g"� Land-a(ue AO I --rotal max Current 33,980 F 33,980 2001 33,980 1 33,980 880.59 2000 1 23,400 23,400 596.98 Save.Our I Exemptions. Home Value Type WidlVet/Dis Homestead Non-Exempt F F 33,980 Sales History . Land Calculations Date F Type Price Book Page Price Factor F Type �F—F-F-F— 87,120 .39 AC F Adi. Bldg. S.F. �— 1 of 2 2/21/02 3:58 PM UdLd L,Spiay iur runu nuinuer nttp://www.bcpa.net/bcpa/owa/results.folio—out Special Assessments - ` ire Gard—a-e R�A_ Miscellaneous Abram ge �mprovemen 7 ale OS �L �- Copyright© 2000 - Broward County Property Appraiser's Office http://www.bcpa.net 2 of 2/21/02 3:58 PM Mata Misplay for Polio Number http://www.bcpa.netlbcpa/owa/results.folio—out ILLM MARMMM, CFA, AAA BRO ARD COUNTY PROPER` YAPPRAISER Previous Next View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site Address Not Available Property,.ID# Legal Description MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 11 504229040010 E1/2,W 27.25 LESS S 544 & LESS N 25,LOT 11 El/2,N 100 OF S Millage,Code 544,LESS E 172.25 BLK 3 0443 Property CITY OF DANIA Use Code Owner Mailing 100 W DANIA BEACH BLVD F 89 Address DANIA FL 33004-3643 Property Assessment Values • Year Land-- __T5'u—ildi'g ana-Va ul eWG I_'1'otaf i �`— Current 35,240 ;35,240 2001 35,240 35,240 .00 2000 35,240 F35,240 .00 Save Our Exemptions Home Value Type 14 I Wid/Vet/bis 1_ Homestead Non-Exempt 35,240 Sales History Land Calculations Date Type F Price F Book Page Price Factor - Type 04/98 WD* 220,000 28188 25 250 140.95 FF 09/88 F_W1 177,500 15954 1190 � �— F ' 03/74 F_W1 12,000 F_ F F_ 09/67 I W—F 2,500 1 —F Adj. Bldg. S.F. �— 0 1 of 2 2/21/02 3:58 PM Lima uispiay wr rui,u ivumoer nttp://www.l)cpa.net/bcpa/owa/results.folio—out Special Assessments ire Garb`a�CRA IVhsce aneous` "'Drainage mproveme :Safe 1i . , , 15 kid, Copyright©2000 -Broward County Property Appraiser's Office http://www.bcpa.net • 2 of 2 2/21/02 3:58 PM Data Display for r0110 Number http://www.bcpa.netlbcpa/owa/results.folio_out :.:. LLI M"MLA , CFI, M BROARD COUNTY PROPERTYAPP RAISER Previous Next View May Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site Not Available Address Legal Description Property ID# MARS1 ALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 11 E F 504229040020 172.25 LESS S 544 & LESS RDS BLK 3 AKA: LOT J E 147.25 Millage Code LESS S 100 & LESS LESS SW 30 AVE MRS S L WHITE SUB F 0443 Property CITY OF DANIA Use Code Owner Mailing 100 W DANIA BEACH BLVD 89 Address. DANIA FL 33004-3643 Property Assessment Values Year Lan — ui ing La`n \7aTu—eTAG o ax Current 26,330 26,330 2001 26,330 26,330 .00 2000 26,330 F 26,330 .00 Save Our Exemptions Home Value Type 14 Wid/Vet/ is Homestead Non-Exempt . 26,330 F ! _Sales History Land Calculations Date Type Price Book Page Price Factor - Type 04/98 VD* 220,000 T 28188 F 25 [---2-501 105.33 F FF 11/88 F D — 100 IF 15954 F_ 08/88 r_WJ 82,500 F_F 07/86 F_QC1 100 F_F F I 01/74 �— 40,000 F-F— Adl. Bldg. S.F. �— • 1 of 2 2/21/02 3:59 PM Uata uispiay for rouo Numner http://www.bcpa.neVbcpa/owa/results.folio—out Special Assessments ;. dire �Gar`ba`ge7�'RA Nli-scel anT—eous ramager .Improvement^ Copyright©2000 - Broward County Property Appraiser's Office http://www.bcpa.net 2 of 2 2/21/02 3:59 PM iiana Lispuay for rono ivumoer nrup://www.bcpa.neVbcpa/owa/results.folio—out rHI VULMM 1VIA MMM, CFA, ASA �y r BROWARD COUNTY PROPERTYAPPRAISER Previous Next View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site Address Not Available Legal Description Property ID# MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 11 N 504229040030 296 OF S 444 OF E1/2 LESS SW 30 AVE BLK 3 AKA: LOTS K : Millage:Code & L LESS RD R/W MRS S L WHITE SUB 0443 Property CITY OF DANIA Use,Code Owner - . Mailing 100 W DANIA BEACH BLVD 89 Address DANIA FL 33004-3643 Property Assessment Values Year Land,;: Building Land-Va u� e WG otal 77 71 as—" Current 93,000 93,000 2001 93,000 93,000 .00 2000 93,000 93,000 .00 Save Our T Exemptions Home Value pe 14 Wid/Vet/Dis Homestead Non-Exempt Ty 93,000 I Sales History Land Calculations. Date F T.ype Price Book Page Price Factor Type 04/98 WD* 220,000 28188 F 25 250 371.98 FF 11/88 D 100 15954 204 F-1 ! F_ 08/88 �-1 199,000 F_F_F �- 01/87 �_W1 165,000 F-[— I 07/73 F`WF 78,500 ��— Adi. Bldg. S-.F. �— • 1 of 2 2/21/02 3:59 PM vaia uispiay for rono Numner http://www.bcpa.net/bcpa/owa/results.folio—out Special Assessments ire Garbage C—f A Mi—s—ce ITaneous ramaAe improvement - - Safe i i liL IkL lLih Copyright CO 2000 - Broward County Property Appraiser's Office http://www.bepa.net 2 of 2 2/21/02 3:59 PM uata uispiay tor rouo Numner http://www.bcpa.netfbcpa/owa/results.folio-out ILLIAhGI MAR ", CFX A A ro„Im r BRO'S+IIARD COUNTY PROPERTYAPP RAISER Previous Next View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site. Not Available ,Address 77 Legal Description Property_.ID# MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 11 E �504229040021 172.25 OF N 100 OF S 544 LESS SW 30 AVE BLK 3 AKA: LOT J Millage.,Code E 147.25 OF S 100 LESS RD R/W MRS S L WHITE SUB 0443 Property CITY OF DANIA •Use Code Owner. Mailing 100 W DANIA BEACH BLVD 89 .Address DANIA FL 33004-3643 Property Assessment Values • Year Cana I� ng an Va u7 e A-G 'olai-- -Tax Current 25,210 25,210 2001 25,210 25,210 .00 2000 25,210 �- 25,210 .00 Save Our Exemptions Home Value Type 14 Wid/Vet/Dis I Homestead Non-Exempt 25,210 ` Sales History Land Calculations Date Type Price Book Page Price Factor 04/98 W5* 220,000 7 28188 25 250 100.85 FF �— 5954 190 �— IF— F_F —F -1 Adj. Bldg. S.F. i 1 of 2 2/21/02 4:00 PM LJdLd UISPIdy LUL rUIlU ivuu►uCI nttp://www.t)cpa.net/bcpa/owa/results.folio-out Special Assessments �r�a ar aqe Cam► isl�l cellaneous rainage7,17improvement arts �l• 'Nlut.' Copyright© 2000 - Broward County Property Appraiser's Office http://www.bcpa.net 2 of 2 2/21/02 4:00 PM Bala L.Plbplay 1VI FV11U INUM I nap://www.Dcpa.neVbcpa/owa/results.folio—out ILLUM MARMUM CFA AS BROWARD COUNTY PROPERTYAPPRAISER Previous FNext View Map Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site Not Available y Address. Legal Description _ Prerty op ID# MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 11 S 148 504229040040 OF E1/2 LESS E SW 30 AVE BLK 3 AKA: LOT M LESS RD Milla`Ae.Code R/W MRS S L WHITE SUB 0443 Property CITY OF DANIA �-°Use Code ='Owner Mailing 100 W DANIA BEACH BLVD 89 Address DANIA FL 33004-3643 ::Property Assessment Values ® Year Land uil iing Can a ue o'1 fal— Tax Current. 44,380 44,380 2001 44,380 44,380 .00 2000 44,380 �— 44,380 .00 Save Our Exemptions "Home.Value Type 14 Wid/Vet/Dis Homestead Non-Exempt 44,380 Sales History Land Calculations . Date Type Price Book Page Price Factor Type 04/98 WU—* l 220,000 28188 F 25 T5 0-1 177.50 FF 11/88 T D — 100 15954r 198 F - 08/88 �W—1 113,000 —F— F -1 �F__ I � Adm. Bldg. S.F. 1 of 2 2/21/02 4:00 PM uata uispiay for rouo numoer nup://www.Dcpa.nevi)cpa/owa/resuits.toiio_out Sp eciai Assessments ,. ire arlageTC Misce aneouS- TProvemen ,i Copyright©2000 -Broward County Property Appraiser's Office http://www.bcpa.net 2 of 2 2/21/02 4:00 PM 98—,'--'.72913 T#001. QI,J-11-98 09 :09AM Prepared by: $ 1.c540. 00 C. Caren Coleman, Attorney DOCU. S"TAtIpi S-DEE-D Florida Power & Light Company FRECVD. BROWARD CNTY P.O. Box 029100 Miami, Florida 33102-9100 COUNTY ADMIN. Folio No:` 0229-01-0950 , 0229-01-0970 , 0229-04-0010 0229-04 0020 0029-04-0o2j, 0229-04-0030 , 0229-04-0040 miau,�-t,J SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of this IP day of April, 1998, by ALAN DCO/CASCA DE, INC., a Florida corporation, and having its principal place of business at 700 Universe Blvd., P.O. Box 14000, Juno Beach, Florida 33408, hereinafter called the Grantor, to THE CITY OF DANIA, a municipal corporation of the State of Florida, whose address is 100 West Dania Beach Boulevard, Dania, Florida 33004, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and inconsideration of the"stim of$10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, 'sells, aliens, remise, releases, conveys and confirms unto the Grantee, its successors and assigns, all that certain parcel of real estate situate in Broward County, Florida, described on Exhibit "A" hereto and made a part hereof by the reference. SUBJECT TO taxes and special assessments for the year and all subsequent years, to zoning restrictions and other requirements imposed by governmental authority, and to easements, conditions, reservations, restrictions and limitations of record. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO*HOLD, the same in fee simple forever. AND THE GRANTOR does hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. acy LN1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name co and its corporate seal to be hereunto fixed by its proper officer duly authorized, as of the day and co year first above written. Signed, sealed and delivered ALANDCO/CASCADE, INC. CD in the presence of: a Florida corporatioa N) c-n Yi By: Print Name: Stephen M. Collins, Vice President (Corporate Seal) Print Name: (Acknowledgment continued on the next page.) Page 1 of 2 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 15)1 t day of ,{ 1998 by STEPIiEN M. COLLINS, as Vice President of ALANDCO/CASCADE, INC., a Florida corporation, on behalf of the corporation. He is personally known to me eta pre . d >�tinrr Notary Public, State of Florida at Large 41. i L.J'D f3 A U u N Print Name: 1�NW M bttN3fiSAUGH My Serial No: NMARYPUBUCSrAnOFFLMMA • My Commission Expires: co 00 00 m -o 0 0 N Gf1 alankswd.wpd CCC 4/8/98 r Page 2 of 2 EXHIBIT "A" TO SPECIAL WARRAN TY DEED LEGAL DESCRIPTION The South 148 feet of the East one_half of Tract 11, Block 3, of Section 29, Township Range 42 East, less the East 25 feet thereof for road right-of-way, according to the Plat thcreo£ recorded in Plat Book 2,Page 32,of the Public as and being in Broward County,Florio ofDade County,Florida,land situate,lying 29, Township 50 So Range and the East l 72.25 feet o f T� 11 in Block 3, of Section P nth,Range 42 East, according to the Plat thereOZ as recorded in p�Book 2, Page 32,of the Public Records of Dade County,Florida,LESS the South 544 feet thereof;and also less the North 25 feet thereof and the East 25 feet thereo said lands s Broward County, Florida. rtuate, lying and being in 25 feet; and commencingat agether reversionary interest in said North 25 feet and said-East Point 25 feet South of and 3S feet Fast of the Northwest comer of • Tract 11,Block 3, of the Subdivision of Section 29,To to the Plat therm Wnship 50 South,Range 42 East,according recorded in Plat Book 2,Page 32,of the Public Records of fade County,Florida; thence run East and parallel to the North boon run Southerly and along the East N �Y line of said Tract 11 a distance of 604 feet;thence undary of said Tract 11 a distance of207.94 feet to the point of he South thence continue Southerly a distance of296 feet';thence run Wester and the South boundary of said Tract 11 a distance of319.19 h' Parallel with feet; thence nm Easterly a distance of 319.35 feet to thef �cenaiNortherly a distance of296 in Bmward Co rA thereof, for a road right-of--way. Said Lands situate lying Point of beginning' Less the East 25 fact ALSO KNOWN as Lots L and K of Unrecorded Plat o racctt I I and 13 of Bl k 3,ounty, 0 Township 50 South,Range 42 East for Sally L.White;and the North 100.18 feet of the South 544 on 29, feet of the East 172.25 feet of Tract 11 in Block 3 of Section 29,Township 50 South,Range 42 East, according to the Plat thereo& recorded is Plat Book 2, Page 32, of the Public Records of Dade County,Florida.Less and excepting therefrom the East 25 feet thereof. Said lands situate lying being in Broward County,Florida;and the North 100.22 feet of the South 544 feet of the�East h of Tract 11 in Block 3 of Section 29,Township 50 South,Range 42 recorded in Plat Book 2, Page 32 of the Public Records of Dade County, Florida.the Plat thereof, excepting therefrom the East 172.25 feet thereof. Together with the West 27.2 eet o�sa East one-half of Lot 11,Less the South 544 feet thereof and also less the North 25 feet thereof LES S that certain goad right-of-way lying East of said lands as recorded in Official Records Book 17308,Page 125, of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County,Florida.The West�4 of Lot 8,in Block 3,lying South ofthe Dania Cut-Off Canal, and Less the South 21 feetthereot ofMARSHALL EVERGLADES SUBDIVISION,in Section 29, Township 50 South,Range 42 East,according to the Plat thereof♦as recorded in Plat Book 2,at Page y 32,of the Public Records Dade County,Florida Leas and excepting that certain road right-of--way lying West of said property as recorded in Official Records Book 17308, Page 125, of the Public Co Records of Broward County, Florida. Said lands situate, lying and being in Broward County, CO,Florida. a 00 c� Q1ro61�bSYlq � k •~•~ ~ ~ -•--•--------•---'••---' •------•-•-•-• ---•-•--•�•ooc •1�'AnR�1�FW1n�'�1n1�'�1n~ R?/nN-4nN-4rnR"AnR'�1n�C"dn�"nl�'And'�nR�1nR�lnh�In11nFAnhAnh�7nRAnF�/n�..�lrnh�/nh-Anv4ns wnR�7oT. of V C atle . Or �OC i • _ tatt 0 ,' HOC `%71 , COL certify • the records of office that ALANDCO/CASCADE, filed on �OZI corporation organized under the laws of the State of c August •: �OL tl The document number of this �OCcorporation is G56176. SQL 1 further �C HOC certifycorporation and penalties through � - •• : - April • . _SQ L 30L; • 4 �C ArticlesI further certify that said corporation has not filed n as HOC: DRDED IN THE OFFICIAL RECORDSSQL �.� REC • C: �OC :;OOR :SQL .0�C HOtGiven C _under Great Tallahassee,al of the State of Florida at the Capitol, this the ,SQL Twenty-eighth day of April, 1998 ant i`�•� / ��,�� • d�Ec.�•• / HOC , no �c �0 -c '✓/��O�O�O�O�O/��O��M�O/��•o��•�••��•• �•��OM�OM�OM�OM�OM/��aM�O��1��•��O�. P11 nF dnFAnF A I 110INV[4 1 i F, 9ITMI 91WI•IF�1��lOnOnOn�nOi•lOnOnOnM1 Anh-4ntrAnR-4nF Anh�1�•OF dnh�nh�/nOnh�fnOnOn�;