HomeMy WebLinkAbout2016-054 A TRUE COPY
SMALL-SCALE DERELICT VESSEL REMOVAL CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
PROJECT AGREEMENT
PROJECT NO. ICW-IR-16-01
This Agreement is entered into this 1.9th day of Aprii� , 2016 by
and between the FLORIDA INLAND NAVIGATION DISTRICT("FIND")and INDIAN RIVER
COUNTY (the "Project Sponsor"). Nothing contained herein shall constitute a waiver by either
party of its sovereign immunity under Section 768.28 Florida Statutes.
WHEREAS, Project Sponsor has requested that FIND provide a portion of the funding
needed for a Small-Scale Derelict Vessel Removal Project in Indian River County, as detailed in
Exhibit A; and
WHEREAS,FIND is willing to provide such assistance for the removal of eligible derelict
vessel(s) along the Intracoastal Waterway 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 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.
2. FIND shall provide an amount not to exceed $3.375.00 for the components of the
project set forth in 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 shall also be in compliance with the District's policy on Small-Scale
Derelict Vessel Removal projects Exhibit C.
3. 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 accompanied by supporting
documentation showing expenditures equal or greater to the amount being sought from FIND.
A TRUE COPY
CERTIFiCATiON ON LAST PAQE
J.R. SMITH, CLERK
4. 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 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 B), and (4) submission of a photograph(s) of
the completed PROJECT(s).
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
1801 27" St, Bldg A
Vero Beach, FL 32960
Attention: Coastal Engineer
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERIC
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 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.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By. Catr'M`
Executive Director ;`•��' ass'•
DATE. •* ant
?2,9/G r• �•�, \0 i
WITNESSES: PROJECT SPONSOR ••`•F9 '' •oQ �'
. oourv.�.••'
By: zt""
Bob Solari
Title: Chairman
DATE: A=il 12, 2016
ATTEST: APPROVED AS TO F:OR 6
Jeffrey R. Smith, Clerk of Court grid AN T/7, F P Y
By: �tPmP
e � aY
�tdELL43. Y:,.l�Et3P•.94,
Terri Collins-Lister, Deputy Clerk DE°UT'(COUNri ATr0KNZY
Dated: April 12, 2016
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 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.
WITNESSES: FLORID :NLA DDNAVIGATION DISTRICT
By: /� ,••��j�Y
GOWN,.
Execu ve ►.hector `off sio
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DATE: gf1C • •
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WITNESSES: PROJECT SPONSOR `�GF9•Q�NN.,
By: ZJ1_ 7Øj
Bob Solari
Title: Chairman
DATE: April 12, 2016
ATTEST: APPROVED AS TO FORM
Jeffrey R. Smith, Clerk of Court arid AND E S FF:• : ` : Y
Cpmptro ,ler
BY i
By: ELZr
Terri Collins-Lister, Deputy Clerk ���urrCOUNrYATro
v
Dated: April 12, 2016
"A"' --
- A TRUE CC�
CERTIP 1J.R. S
H, CLERKNLAST PAGE
FLORIDA INLAND NAVIGATION DISTRICT ,
SMALL-SCALE DERELICT VESSEL REMOVAL PROGRAM APPLICATION
PROJECT COST ESTIMATE
(See Rule Sections 66B-2.005,2.008&2.015 for eligibility and funding ratios)
APPLICANT: INOW 91ya (O(JIy11
PROJECT: Z016 DEK.ELICT VESSEL Ffft'k - ZE.0
VESSEL LOCATION AND IDENTIFICATION: SEE ATTAC HO MHP AND FW C CASE REfWT
Project Elements Quantity Estimated Applicant's Cost FIND Cost
(Please list the project cost elements and Cost
provide a general cost break out for each one.) (Number or cost per vessel
1. DV FNNE IS-OFF -006,S4 3 -Z 500 6ZS I18 S
?0 fT CABIN (rV1SfR `DV-3)
DV FWWE 14-CFF-01363?-
Z5
4-Q=F-p1363ZZS Fr SER rAq (DY-4) S 2t000 500 $ 11500
** TOTALS = $ 4 SCaO $ �. I Z S $ 3 315
Form No. 01-06(New 0424-06)
Agenda - 10 -
A TRUE COPY
CERTIFICAT ION ON LAST PAGE
J.R. SMITH, CLERK
EXHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
SMALL-SCALE DERELICT VESSEL REMVOAL PROGRAM
Project Completion Certification
Sponsor: lr.clt;,a1Z-,"e Co,,.A
Project Title: J0/6 'tea-�:�� Vrtsu.\ Q ., ,ouJ 1kJ Project #: 1 cL'.)- i p, 16-01
I hereby certify that the above referenced project was completed in accordance with
the Assistance Program Project Agreement between the Florida Inland Navigation District
and , dated
, 20 , and that all funds were expended in accordance with
Exhibit "A" and Paragraph 1 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Date- 12-17-90, Revised 7-30-02)
EXHIBIT C
Small-Scale Derelict Vessel Removal Projects Rule (Rule 66B-2.015)
Proposals shall be accepted for financial assistance for the removal of derelict vessels within the
District's waterways. The applicable provisions of this rule apply to these applications with the
following additions or exceptions:
(1) Application Procedure — Applications shall be submitted on a completed FIND Form No.
05-01 (Small-Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form
No. 01-06 (Small-Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date
4-24-06), hereby incorporated by reference and available from the District office. Applications may
be submitted to the District and considered by the Board at any time during the year.
(2) The District shall only fund applicants that have identified derelict vessels to be removed
and have a current bid for removal for such vessels, or have completed the removal of such vessels
within the 6 months preceding the application, subject to eligibility under these program rules.
(3) The program must be sponsored by an eligible government agency or not-for-profit
organization.
(4) District funding shall be limited to $30,000.00 per county, per year, provided on a
reimbursement basis only. The limitation on pre-agreement expenses may be waived by the Board
in accordance with subsection 66B-2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project completion. In
no case shall the District's cost-share contribution exceed 75% of the total project costs. In-house
project management or administration costs are not eligible costs or matching costs.
(6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613-
2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels
included in the application.
(7) The District shall be recognized when possible in all written, audio or video advertising and
promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of derelict vessels
The District is providing program reimbursement funds only and shall be held harmless with
regards to the activities initiated by the applicant.
(9) The applicant shall be responsible for all maintenance, management, disposal and operating
expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this
grant program must be reinvested into the applicant's derelict vessel removal program.
(11) The District Board shall make all final decisions concerning the provision of funding for
this program. STA:` Ir FLORIDA
INDIAN RIVER COUNTY
COI THAT THIS 18 A TRUE AND
IS I S To OF THE TIFY 61NAL ON FILE N THIS OFFICER
R.s1A T►{�CILERK
J�FFRE�1!
B
DATE