HomeMy WebLinkAbout2013-104A 04,P / 13
I *A . A . I
AGREEMENT a a l 30 10 `{ A
Small - Scale Spoil Island Restoration and Enhancement Program
PROJECT # SHR- 13 -01
This Agreement is entered into this ! � day of It -`nor
20L by and between the FLORIDA INLAND NAVIGATION DISTRICT ( "FIND " ) and
INDIAN RIVER COUNTY (the " PROJECT SPONSOR" ) *
WHEREAS, PROJECT SPONSOR has requested that FIND provide a portion of
the assistance needed for dock repair and reconstruction under the Small- Scale Spoil
Island Restoration and Enhancement program for Boat Club Island (IR25 ) a Spoil Island
in Indian River County, (the " Project " ) ; and
WHEREAS, FIND is willing to provide such assistance for the volunteer cleanup,
improvement or restoration of the Atlantic Intracoastal Waterway ' s spoil islands in Indian
River County subject to the terms and provisions of this Agreement.
NOW, THEREFORE , in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows .
1 . Subject to the provisions of this Agreement, PROJECT SPONSOR shall
coordinate the work for the Project . PROJECT SPONSOR agrees , with respect to the
Project, that as between the parties to this Agreement, it shall be solely responsible for
any claims for damages resulting therefrom . PROJECT SPONSOR agrees, to the extent
provided by law, to indemnify FIND , its Commissioners, employees, and agents, from
any and all liabilities, claims , costs, damages , and expenses (including court costs and
attorneys' fees) arising from or related to PROJECT SPONSOR' s actions regarding the
Project. Prior to participating in the project activity, the PROJECT SPONSOR agrees to
have all volunteers participating in this project to execute the Hold Harmless Agreement
attached as Exhibit "C " .
2 . The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT .
The PROJECT SPONSOR shall complete the PROJECT and submit all required
payment reimbursement information within two (2) years following the date of
Agreement approval, unless the PROJECT period has been extended with the prior
written approval of the DISTRICT . In no event, however, shall the PROJECT period
extend beyond three (3 ) years from the date of Agreement approval . Any request for a
one-year extension of funding beyond the two-year expiration date set forth in this
paragraph shall require submittal by the PROJECT SPONSOR of a written request for
extension to the DISTRICT no later than three (3 ) months prior to the existing Agreement
expiration date .
3 . FIND shall provide an amount not to exceed $7 , 500 . 00 for the components
of the project set forth on the attached Exhibit "A" (with FIND paying the PROJECT
SPONSOR up to seventy- five percent (75 %) of the amount actually expended for each
component, up to the amount listed on Exhibit "A " for said component) which expenses
shall also be in compliance with the District ' s policy for the Small- Scale Spoil Island
Restoration and Enhancement program (Exhibit "B ") .
4 . The funds to be provided by FIND to the PROJECT SPONSOR hereunder
will be paid within thirty ( 30) days of receipt by FIND of a request for payment
reimbursement accompanied by supporting documentation showing expenditures equal or
greater to the amount being sought from FIND .
5 . PROJECT SPONSOR shall , upon request by FIND , provide a report of
final expenses incurred on the Project . The PROJECT SPONSOR shall also retain all
records supporting costs of the Project for three (3 ) years after the end of the fiscal year in
which the Project is completed, except that such records shall be retained by PROJECT
SPONSOR until final resolution of matters resulting from any litigation, claim, or special
audit that starts prior to the expiration of the three-year retention period.
6 . If PROJECT SPONSOR shall fail to fulfill in a timely and proper manner
the obligations under this Agreement, or if PROJECT SPONSOR shall violate any of the
covenants, terms, or stipulations of this Agreement, FIND shall thereupon have the rights
to terminate this Agreement . Notwithstanding the above, PROJECT SPONSOR shall not
be relieved of liability for damages or expenses as contemplated herein sustained by
FIND by virtue of any breach of the Agreement by PROJECT SPONSOR.
7 . Any notice or other written communications between PROJECT SPONSOR
and FIND shall be considered delivered when posted by certified mail or delivered in
person to the respective party at the address indicated below :
To FIND :
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
Attention : Executive Director
To the PROJECT SPONSOR .
Indian River County
Environmental Planning & Code Enforcement
1801 27`h Street
Vero Beach, FL 32960
Attention : Roland DeBlois, Chief
8 . This instrument embodies the entire agreement of the parties . There are no
provisions , terms , conditions or obligations other than those contained herein ; and this
Agreement shall supersede all previous communication, representation or agreements,
either verbal or written between the parties hereto . This Agreement shall not be modified
unless in writing and signed by both parties hereto .
9 . This Agreement shall be interpreted and construed pursuant to the laws of
the State of Florida. In the event of any litigation arising hereunder, the prevailing party
shall be entitled to reasonable costs including attorney ' s fees , at the trial, appellate and
postjudgment levels . The venue of any such litigation shall be had only in the courts of
Palm Beach County, Florida.
10 . The rights and duties arising under this Agreement shall inure to the benefit
of and be binding upon the parties hereto and their respective successors and assigns .
Neither party may assign this Agreement nor any interest hereunder without the express
prior written consent of the other party .
11 . 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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
as of the date first above written .
FLORIDA INLAND NAVIGATION DISTRICT
Witness : By :
Date : 1 j
INDIAN RIVER COUNTY
Kee � .
Witness : By :
oseph A . Baird
Title ' County Administrator
Dat .
( authorized by BCC 6 / 11 / 13 )
APPROVED AS TO FORM
ANLDE �_ st ' = ' F 1CY
BY
WILLIAh'
DEPUTYCoUN : ': - " v
Exhibit A
FIND Small-Scale Spoil Island Restoration & Enhancement Program
Proposal: Boat Club Island Dock Repair and Reconstruction
• Project Details
The project proposal elements consist of.
1 . Removal of the southernmost 150 ' x 3 ' (450 square foot) dilapidated dock
2 . Removal of the northern 52 ' x 3 ' ( 156 square foot) dock
3 . Repair/reconstruction of the middle 133 ' x 3 ' (399 square foot) dilapidated dock in the
existing footprint
Following is a summary of project costs:
Project Elements Estimated Indian River Grand Harbor FIND Cost
Element Cost County CA (Partner)
(Applicant) Cost Cost
Remove $500 $ 125 $ 125 $250
southernmost 150 '
x 3 ' (450 sq. ft.)
dilapidated dock
Remove northern $ 500 $ 125 $ 125 $250
52 ' x 3 ' ( 156 sq.
ft.) dock
Repair/reconstruct $21 ,000 $7,000 $73000 $7,000
middle 133 ' x 3 '
(399 sq. ft. )
dilapidated dock
TOTALS $22,000 $79250 $7450 $79500
Attachments
1 . Agreement between Indian River County and the Grand Harbor CA for Improvement and
Maintenance of Boat Club Island (Spoil Island IR-25 )
2 . Survey of Boat Club Island (Spoil Island IR-25 ) depicting State lease area and docks
3 . Location aerial map and photos
Page 2 of 2
FACommunity Development\Users\ROLAND\MANWAC\Boat Club Island\FIND Small-Scale Spoil Island Grant\Boat Club Island FIND
Grant App Jul 2013.doc
EXHIBIT " B "
FLORIDA INLAND NAVIGATION DISTRICT
SMALL-SCALE SPOIL ISLAND RESTORATION AND
ENHANCEMENT PROGRAM RULES
The following constitutes the rules of the Florida Inland Navigation District regarding the District's contracting
for small-scale spoil island restoration and enhancement program projects for the waterways within the District.
As these projects occur on lands controlled by the District or that are adjacent to District properties,
these
projects will provide land and water management and maintenance benefits to the District. Preference will be
given to Proposers who will contribute money or in-kind services for the restoration and enhancement project
(the "Project") over and above the funding to be provided by the District. Any entity so selected (the "Project
Sponsor") will enter into the District's standard agreement for restoration and enhancement projects.
( 1 ) Application Procedure — A Request for Proposals procedure will be used to request proposals
for
consideration. Proposals shall follow the format described in FIND Document #03 -02, Call for Proposals —
Small-Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated
by reference and available from the District office. Proposals may be submitted to the District and considered
by the Board at any time during the year.
(2) Matching Funds : Small-scale spoil island restoration and enhancement may qualify for up to ninety
percent (90%) program funds. The applicant' s ten percent ( 10%) matching funds may include in-kind
contribution pursuant to paragraph 6613-2 . 014(4)(b), F.A .C .
(3) Eligibility : All proposals must meet the following eligibility criteria to be considered for funding:
(a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil
Island Management Plans or other management plans that govern the Project site .
(b) Property Control : The Project Sponsor must have written property rights on the Project site to
construct and maintain the Project for a minimum of five years . Such property rights can be in the form
of a lease, interlocal agreement, use agreement or other legal form approved by the District.
The
applicant shall include a map clearly delineating the location of all proposed work included in the
application .
(4) Funds Allocation : Funds shall be allocated pursuant to Rule 66B-2 .005 , F .A.C ., subject to the
exceptions identified in this rule, and with the following additions :
(a) The District shall fund a maximum of up to $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.
In addition :
1 . The District shall be recognized in all written, audio or video advertising and promotions as a participating
sponsor of the Project. In addition a sign shall be installed on the Project site acknowledging the District's
participation in the Project. The District will provide signs, as applicable.
2 . The District Board shall make all final decisions concerning the provisions of funding for a project.
EXHIBIT "C "
HOLD HARMLESS AGREEMENT
For good and valuable consideration , including participant being permitted to
participate in the restoration and enhancement of [Name]
Island (the " Event " ) to be held on [Date] , the undersigned participant, for
myself, and my successors , heirs , assigns , executors , administrators , legal representatives ,
employees , agents and affiliates (and in the case of a corporation, also its officers , directors ,
and shareholders) , (collectively the " Participant " ) forever release and discharge the Florida
Inland Navigation District, and each of its officers , Commissioners , employees , agents and
affiliates (hereinafter collectively referred to as " FIND " ) from all claims , demands , losses ,
costs , expenses , suits , damages , obligations , liabilities , causes of action and judgments
whatsoever, in law or in equity , which against any of the foregoing , any or all of the
Participant ever had , now has or which they hereinafter can, shall or may have for , upon or by
reason of any matter , cause or thing whatsoever arising out of Participant ' s involvement in the
Event .
The Participant agrees to and does hereby assume any and all risks of personal injuries
to the Participant , including death , and damages to Participant ' s property , caused by or arising
out of Participant ' s involvement in the Event .
The Participant hereby agrees to defend , indemnify and hold FIND harmless from and
against any claim, demand , suit, loss , causes of action , damages , liabilities , obligations , costs ,
expenses , and judgments (including without limitation , death , and damages to property) caused
by Participant ' s acts or omissions and arising out of Participant ' s involvement in the Event .
THE PARTICIPANT HAS READ AND UNDERSTANDS THE FOREGOING RELEASE
AND INDEMNIFICATION AND HAS SIGNED IT VOLUNTARILY .
X Date :
SIGNATURE (Required before processing/scheduling can begin
SIGNATURE OF PARENT/GUARDIAN IF VOLUNTEER IS UNDER 18
Form No. 02-01 (New _-_-�