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HomeMy WebLinkAbout2016-045C t INDIAN RIVER COUNTY Professional Architectural and Engineering Services for Indian River County Archie Smith Fish House Dock Restoration Phase IIA SERVICES,CONSULTANT AGREEMENT THIS AGREEMENT, entered into this 22nd day of March , 2016, between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, hereinafter referred to as the COUNTY, and Atelier Architecture Engineering Construction Incorporated, 2709 S. MacDill Avenue, Tampa, FL 33629, hereinafter referred to as the CONSULTANT. WITNESSETH The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional architecture; structural engineering; construction budgeting, contract documents, and related services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below. This Agreement shall be referred to as the "CONSULTANT AGREEMENT". The CONSULTANT shall provide professional consultant and subcontractor construction services including: 1. Design, permitting and construction of "Phase IIA" restoration of the accessory boat dock of the historic Archie Smith Fish House at 1740 N. Indian River Drive in Sebastian, Florida, in accordance with conditions, timeframes and specifications set forth in Florida Inland Navigation District Project Agreement No. IR-15-62 attached hereto as Exhibit A. 2. The access pier— replace any damaged or rotted wood framing, replace damaged or deteriorated deck boards, install guardrails, lighting and fire protection. 3. Complete new pilings under the ice house with new primary beam supports to stabilize the entire structure from the floor level down. - 4. The east,deck—install pilings, framing, decking, railings and decking for the entire deck. 5. The ramp and floating dock—complete all work as a complete system. 6. Construct the fixed boat docks. SECTION H- GENERAL RESPONSIBILITIES (1) Planning and design- services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the COUNTY. (2) The agreements between the CONSULTANT and the persons or entities identified in this Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the COUNTY upon request (3) If the CONSULTANT believes or is advised by other professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law, the CONSULTANT shall notify the COUNTY in writing. The CONSULTANT shall not be obligated to perform any act which he believes will violate any applicable law. Page 1 of 7 C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-ASFH dock Ph 1.doc SECTION III- COUNTY OBLIGATIONS The COUNTY agrees to provide and pay for the following material, data, or services as required in connection with the work to be performed under this Agreement: • Hard copies of all record, existing conditions, as built drawings, in their possession • Permit drawings from local permitting agencies • Boundary(topographic) surveys when required • Access to the project site SECTION IV- COMPLETION The consultant shall provide a written evaluation and recommendation statement of findings for consideration by the Board of County Commissioners. If it is the decision of the Board to proceed with subsequent phases of work, a separate scope of work will be developed and the fee shall be negotiated in good faith between both parties. Subsequent phases shall be approved and agreed through the issuance of a work order for the work and a separate notice to proceed. SECTION V- TEWE FOR COMPLETION Time is of the essence the Consultant shall make all efforts to complete the work described as quickly as is possible. Commencement dates shall be established in a "Notice to Proceed" from the COUNTY. SECTION VI—COMPENSATION (1) Compensation: The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement, fees in accordance with the following: (a) Design, Oversight and Construction — Fee for design, permitting, oversight and construction of "Phase IIA" restoration of the accessory dock of the historic Archie Smith Fish House at 1740 N. Indian River Drive in Sebastian, Florida, shall be in accordance with conditions, timeframes and specifications set forth in Florida Inland Navigation District Project Agreement No. IR-15-62 attached hereto as Exhibit A, and will be invoiced monthly. Fee for the overall Phase IIA work shall not exceed $200,000.00 without written authorization of the County. Fee for professional services relating to the overall work shall not exceed $35,000.00. The fee schedule shall remain in effect for the duration of the project. (b) Reimbursable Expenses: Reimbursable expenses, including prints, copies, mail, Fed-Ex, application fees, etc. shall be paid by the CONSULTANT, and then reimbursed by the COUNTY with a 1.15 mark-up; or paid directly by the COUNTY. Page 2 of 7 C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-ASFH dock Ph l.doc (1) Payment Schedule (a) The COUNTY shall make monthly partial payments to the CONSULTANT. Payments shall be in proportion to the percentage of work completed for each Phase of work provided, and payments shall also include all reimbursable costs for the billing period. Retainage may be withheld in accordance with "Section IX—Partial Payments". (b) The value of each Phase of the CONSULTANTS work and product deliverables shall be in accordance with the phases outlined in Section VI compensation listed above. (c)The payments shall be due in accordance with F.S. 218, Local Government Prompt Payment Act. (3) Additional Services Fee: The COUNTY agrees to pay for additional services, approved by the COUNTY in writing, that are outside or beyond the scope of services identified above in accordance with the approved hourly rate schedule ("Exhibit B"). See "Section VII — Additional Work" and "Section VIII — Extra Work''. SECTION VII-ADDITIONAL WORK (1) Compensation for Additional Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY, based on the CONSULTANT'S approved hourly rate schedule(shown in "Exhibit B"of attached proposal). SECTION VIII- EXTRA WORK (1) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a separate Notice to Proceed. (2) Compensation for Extra Work shall be at a price to be negotiated in good faith between the CONSULTANT and the COUNTY. SECTION IX-PARTIAL PAYMENTS (1) The COUNTY shall make monthly partial payments to the CONSULTANT. (2) The CONSULTANT shall submit duly certified invoices to the COUNTY'S Project Manager. (3) Due to the relative short time expected to complete the review, evaluation and report phase of this project no retention shall be held on progress payments. SECTION X—RIGHT OF DECISIONS (1) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY'S Project Manager, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Project Manager's decision upon all claims questions and disputes shall be final conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. Page 3 of 7 C:\Users\VivianSalaga\AppOata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\A.telier-IRC Agreement-ASFH dock Ph 1.doc (2) Adjustments of compensation and time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the COUNTY'S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY'S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY'S Project Manager and the CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the decision to the Board of County Commissioners. SECTION XI- OWNERSHIP AND REUSE OF DOCUMENTS (1) Ownership All reports, tracings, plans, specifications, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department. (2) Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the services described herein They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others. SECTION XII-NOTICES Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY'S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. Such in person deliveries shall be evidenced by signed receipts. SECTION XIII—TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination. The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement. Page 4 of 7 C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-ASFH dock Ph l.doc SECTION XIV-AUDITS The COUNTY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the work included herein and for a period of one year after final payment is made. SECTION XV- SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the CONSULTANT shall cause the names of the architectural firm or engineering firms, responsible for the major portions of each separate specialty of the work to be inserted on reports or other data. SECTION XVI-WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employees working solely for the CONSULTANT to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the DESIGNER any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII-DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof or until completion of all project phases as specified by the COUNTY'S Project Manager, whichever occurs later, or unless otherwise terminated pursuant to Section XIII of this Agreement. SECTION XVIII- INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. (1) CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or sub-consultants. The cost of such insurance shall be included in the CONSULTANT's Basic Compensation. Architects and Engineers under subcontract with the CONSULTANT shall have their own Professional Liability Insurance. (2) Minimum Scope of Insurance Page 5 of 7 C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-A5FH dock Ph Ldoc (a) Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. (b) General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. COUNTY shall be an additional insured. Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles. COUNTY shall be an additional insured. (c) Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles. COUNTY shall be an additional insured. (d) Professional Liability Insurance providing coverage for negligent, reckless or intentional acts, errors, or omissions committed or alleged to have been committed by CONSULTANT with a limit of$500,000 per claim/annual aggregate. There shall be no more than $15,000 deductible per claim amount unless the CONSULTANT provides a Certified Copy of a financial report which has been approved by the County Risk Manager. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages. (3) Any deductibles or self insured retentions greater than $15,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT. (4) CONSULTANT'S insurance coverage shall be primary. (5) All above insurance policies shall be placed with insurers with a Best's rating of no less than A- VII. The insurer chosen shall also be licensed to do business in Florida. (6) The insurance policies procured shall be "Claims Made" policies or as generally available on the. open insurance market. (7) The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. (8) The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. (9) CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein. (10) CONSULTANT hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent, reckless or intentional acts, errors or omissions of the CONSULTANT or CONSULTANT'S REPRESENTATIVES in the performance of Professional Services under this Agreement and for which CONSULTANT is legally liable. Page 6 of 7 C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-ASFH dock Ph 1.doc SECTION XIX- ENTIRETY OF AGREEMENT A. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. B. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. C. This Agreement, regardless' of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this 22n Jday of March , 2016. OWNER: BOARD OF COUNTY COMMSIONERS CONSULTANT COMPANY NAME: INDIAN RIVER COUNTY,FLORIDA Atelier Architecture Engineering Construction Incoreo,rated Bob Solari, Chairman Vivian Salaga, AIA Approved by BCC: March 22, 2016 Witne e ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: ohn L. Tennison, AIA LEED AP Deputy Clerk ,.� Pi•in#ed`Name Y., ApprVved as to Eornmn a al Su ciency: ; ' .•`'p�lMlgs'•a J��y G• /o���9s William K. t5eBraal, Deputy County Attorney ;o• i = Approved: Jason E. fir n, County Administrator •••�''q��fRC�UN�''•• Page 7 of 7 C:\Users\VivianSalaga\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EH3UKKWS\Atelier-IRC Agreement-ASFH dock Ph l.doc Exhibit A FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR-15-62 This PROJECT AGREEMENT made and entered into this 19t-h day of T),cPn*-xz,- , 201r by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the Indian River County; (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 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Archie Smith Fish House Phase IIA Restoration. 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'S scope of work shall require written advance notice and justification from the PROJECT SPONSOR and the prior written annroval of the DISTRICT 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30;-2017 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2018. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2017, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 1 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fifty percent5�) ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A ("PROJECT COSTS") and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $100,000.00. Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under 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, consistent with Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON 2 AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent(10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of the Agreement, reimbursement for all PROJECTS approved as Phase I projects will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further District funding. Procedures set forth below with respect to reimbursement by the District are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 18 and (5) a Final Project Report as described in Exhibit G. As part of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom Project Sponsor has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a 3 DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONS OR shall retain all records supporting the PROJECT COSTS for three.(3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this Agreement by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid, . PROJECT SPONSOR shall refund the full amount of the ASSISTANCE AMOUNT to DISTRICT, whereupon this Agreement, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17 and 20, PROJECT SPONSOR acknowledges that breach by PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17 or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief. and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm.. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 4 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of 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 or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be'on Form #95-02 (Exhibit F). 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 proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES - Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number-of persons for which the PROJECT is being developed. 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years from the 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 shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the 5 project entrance of the completed project, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this 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 PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staffs recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by project sponsor, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure,to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the 6 PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: Indian River County Attention: Chief of Environmental Planning, Community Development 1801 27th Street Building A Vero Beach, FL 32960 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT 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, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 7 29. ENTIRE UNDERSTANDING - This Agreement, iricluding 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND N V GA O DISTRICT By: Executive Director DATE: Z Z3 h INDIAN RIVER COUNTYBOARD ..•�p�jj�j�SS••.� OF COUNTY COMMISSIONERS WITNESSES: 'c�.•••••••••.!o PROJECT SPONSOR •:moo; _J •.,9�,s, Q !Ay: 2zgt& •' Uitle: Bob Solari, Chairman ''9�'FRCOUNr:••'• DATE: Approved by the BCC 12/15/15 Attest: Jeffrey R. Smith, Clerk APPROVED AS TO FORM of Circuit Court and Comptroller AND LEGAL SUFFICIENCY = _ l � By ���� By Deputy Clerk William K. DeBraal Deputy County Attorney 8 EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2015 PROJECT COST ESTIMATE (REVISED) (See Rule Section 6611-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Archie Smith Fish House Phase IIA Restoration APPLICANT: Indian River County Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost provide a general cost break out for each one. (Number and/or Footage,etc.) For Phase I Projects,please list the major elements and products expected) Reconstruct main dock and construct 4 $181,800 $90,900 $90,900 boat slips (2,064 sq. ft.) Historic site architectural oversight $18,200 $9,100 $9,100 ** TOTALS = $2009000 $1009000 $1009000 Form No.90-25 (New 10/14/92,Revised 04-24-06) Agenda - 10 - -- ----- --- ------- - ---------- ---------- - - ----- - -----Exhibit-B------- ---- -------- 2015 CHAPTER 6613-2 WATERWAYS ASSISTANCE PROGRAM 6613-2.001 Purpose 6613-2.002 Forms 6613-2.003 Definitions 6613-2.004 Policy 66B-2.005 Funds Allocation 6613-2.006 Application Process 6613-2.0061 Emergency Applications 6613-2.008 Project Eligibility 6613-2.009 Project Administration 6613-2.011 Reimbursement 6613-2.012 Accountability 6613-2.013 Acknowledgement 6613-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects 6613-2.015 Small-Scale Derelict Vessel Removal Projects 6613-2.016 Waterways Cleanup Events 6611-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2)FS. Law Implemented 374.976(1)FS History-New 12-17-90,Formerly 16T-2.001 66B-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History-New 12-17-90,Formerly 16T-2.002 6613-2.003 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, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. - - - --- ------ ------- -- - - - --- - - -- -------Exhibit-B----- --- - -- (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)"MARITIME MANAGEMENT PLAN"means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical,environmental and economic parameters of the planning area. (13)"MATCHING FUNDS"means those funds provided by the local sponsor to the project. (14)"MEMBER COUNTY"means a county located within the taxing boundaries of the District which includes Nassau, Duval, St.Johns, Flagler,Volusia, Brevard, Indian River,St. Lucie, Martin,Palm Beach,Broward and Miami-Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17)"PROGRAM"means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT'means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21)"PROJECT MAINTENANCE"means any usual action, activity,expense,replacement,adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition,or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23)"PROJECT PERIOD"means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space,or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership,stock ownership,or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28)"TRIM HEARING"means a public hearing required by Chapter 200,F.S.,concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks,rivers,bays or lagoons entering or extending from said waterways. (30)"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 - - -- - - - ------Exhibit B --- - balance between quality of life and quality of the environment of waterways. Rulemaking 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, 3-21-01,3-20-03,3-3-04,4-21-05, 4-24-06, 4-15-07,3-25-08,3-7-11 66B-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, local and regional anchorage management,beach renourishment, public recreation, inlet management,environmental education,maritime management plans,and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education,and boating safety projects directly related to the waterways. (c)Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board fmds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel.All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county.Navigation related districts may also be provided with assistance for waterway-related-access-projects; environmental-mitigation--projects-associated--with--water-way--improvement related--activities;-and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d)Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made,navigable waterways contiguous to"waterways"as defined in Rule 6613-2.003, F.A.C. (2)Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3)Project Approval:Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5)Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes.The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is - - — - - - - --------Exhibit B-- the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8)Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost,except for the cost of reproduction,to the public. (9)Third-Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement.All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project.Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11)Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District Rulemaking 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, Amended5-18-98, 3-31-99,5-25-00, 3-21-01, 7-30-02,3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11,3-7-12, 1-27-14,2-17-15 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. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: hq://www.flrules.org/Gateway/reference.asp?No=Ref-03568 and available from the District office or by download from the District's webpage at:www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty(80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs,or in counties that are recovering from a state of emergency declared under Chapter 252,F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7)and Rule 66B-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, derelict vessel projects consistent with Rule 66B-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C. Applicant's in- house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent(50%)of the local share of the cost of an inlet management or beach renourishment project.The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents.All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur -Exhibit B within the fiscal year of the grant application submission (October 1 st to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half(1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre-agreement expenses for Small-Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two(2)additional funding requests. (5)Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project.The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. 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 inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent(75%)program funds must be within the Intracoastal Right-of-Way(ROW), or provide public navigation channel access to two or more public accessible launching,mooring or docking facilities. In addition,the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b)Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent(50%) program funding. Dredging that is associated or ancillary to another use(such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: All land acquisition projects shall qualify for a maximum of twenty-five (25) percent program funding. All pre-agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition,or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land,the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction,the District shall require the applicant to refund the program funding. (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem Exhibit B tax collections as set forth in subsection 66B-2.005(1), F.A.C., 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 subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less(ii)funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374.976(2) 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, 3-3-04, 4-21-05, 4-24-06, 4-15-07,3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14 6613-2.006 Application Process. (1)Application Period: With the exception of eligible Disaster Relief Projects,eligible Small-Scale Spoil Island Restoration and Enhancement Projects eligible Small-Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22(effective date 4-24-06)and the Waterway Assistance Program Application and Evaluation Worksheet No.91-25 and 91-25 (A)through (F) (effective date 1/2014)are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small-Scale Spoil Island Restoration and Enhancement program, the Small-Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and-Evaluation Worksheet.No..91-25 and 91-25.(A) through-(I-) and.shall-include a detailed.cost estimate submitted on FIND Form No.90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate,(effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline(FIND FORM No. 96-10)(effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4)Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map,a project boundary map, and a clear and detailed site development map for land development projects. (6)Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules,the application will not be considered for funding. In order to have a complete application,the applicant shall not only submit the forms required under Rule 6613-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26),but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management Exhibit-B plan, will directly benefit the maintenance or improvement of District property, right—of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule,except for pre-agreement expenses,permitting and property control requirements. (8)Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 6613-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re-Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding_ decisions by the Board.Allocations will be based in part upon the cumulative score of the applications as calculated from m the Project Evaluation and Rating Form.Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374 976(2)FS. Law Implemented 374 976(1)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, 7-30-02,3-20-03, 4-21-05, 4-24-06, 4-15-07,3-25-08, 3-7-11, 1-27-14. 6613-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374 976(2) FS Law Implemented 374.976(1) FS History—New 6-24-93,Amended 2-6-97, Formerly 16T-2.0061,Amended 4-24-06. 6613-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways,acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition,planning, development,construction, reconstruction,extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board.The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety,regulation or information; 7. Acquisition,dredging,shoreline stabilization and development of public boat ramps and launching facilities; 8.Acquisition,dredging,shoreline stabilization and development of public boat docking and mooring facilities; 9. Derelict Vessel Removal; Exhibit B 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Maritime Management Planning; 14. Waterways boating safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project;and 16. Environmental restoration,enhancement or mitigation projects; and 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or(6) or subparagraphs 66B-2.008(1)(a)1.-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of"other waterway related project"and eligible for 25%funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies,miscellaneous,reoccurring personnel related costs,irrigation equipment,ball-courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1.Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non-waterway users; 3.Roadways providing access to non-waterway users; 4. Parking areas for non-waterway users; 5.Utilities for non-waterway related facilities; 6. Lighting for non-waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture; 9.Vehicles to transport vessels; and 10.Operational items such as fuel,oil,etc. 11.Office space that is not incidental and necessary to the operation of the main eligible public building;and 12.Conceptual project planning,including: public surveys,opinion polls,public meetings,organizational conferences; and 13. Inlet maintenance. (c)Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management,administration and inspection; b. Design,permitting,planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project,approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire-fighting vessels are eligible for a maximum of$60,000 in initial District funding. Marine law enforcement and other vessels are eligible for a maximum of$30,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 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 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 Exhibit B 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. Property shall also be deemed dedicated for public use if. (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication)in a plat or map recorded prior to 1940,or (b)The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application,or (c)There is no ongoing litigation challenging the designated use of the property as shown on the plat or map,nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project_ Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by submission of the required environmental permit(s) and authorizations,or by submission of a letter from the agency(s)stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing,the District will not deviate from the funding schedule to accommodate any application deficiency. (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 percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b)The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community,and shall include, at minimum,the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3.Commercial and working waterfront identification and needs analysis. 4.The identification, location, condition and analysis of existing and potential navigation channels. 5.An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting,a current resource inventory survey,and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9.Acknowledgment and coordination with existing data and information,including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation Exhibit B credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration,enhancement or mitigation projects shall provide public access where possible. (7)Final Decisions:The Board will make all final decisions on the eligibility of a Project or specific project costs. Rulemaking 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, 3-20-03,3-3-04, 4-15-07,3-25-08, 4-1-09, 2-22-10,3-7- 11,3-7-12, 1-27-14,2-17-15 66B-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six(6)months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project.The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3)Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board,except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35%change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report,problems encountered,percentage of project completion and other appropriate information.These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary,photo of completed project,final cost,project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three(3)years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section,the extension of time granted shall not exceed one additional three(3)year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and Exhibit B 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. (c)Photograph(s)showing the installation of the sign required by Rule 6613-2.013, F.A.C. (d)Photograph(s)of the completed project clearly showing the program improvements. (9)Project Completion Review:The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374 976(2) FS Law Implemented 374 976(1) FS. History-New 12-17-90, Formerly 16T-2.009,Amended 3-21-01, 7-30-02, 3-7-11, 1-27-14 6613-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be .reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1)Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of. (a)The percentage total of project funding that the Board has agreed to fund,or (b)The maximum application funding assistance amount. (2) Phase 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 terns of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6)Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost-share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost-share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2)FS. Law Implemented 374 976(1)FS. History-New 12-17-90,Amended 6-24-93, Formerly 16T-2.011,Amended 3-31-99, 7-30-02, 3-7-11 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4),F.A.C. (3)Completion Certification: All required final completion certification documents and materials as outlined in subsection 6613- 2.009(8),F.A.C.,of this rule shall be submitted to the District prior to final reimbursement of program funds. Exhibit B (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. Rulemaking Authority 374.976(2)FS.Law Implemented 374 976(l)FS. History—New 12-1740,Formerly 16T-2.012,Amended 7-30-02. 66B-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication,the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374 976(2)FS. Law Implemented 374 976(1)FS. History—New 12-17-90,Formerly 16T-1.013,Amended 2-22-10 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 applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure—A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals — Small-Scale Spoil 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 66B-2.014(4)(b), F.A:C. (3)Eligibility:All proposals must meet the following eligibility criteria to be considered for funding: (a)Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, 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 6613-2.005, 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. Rulemaking Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 7-30-0Z,Amended 4-24-06,3-7-11. Exhibit B 66B-2.015 Small-Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small-Scale Derelict 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 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10)Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11)The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374 976(2)FS Law Implemented 374976(l)FS. History—New 4-24-06,Amended 4-15-07,3-25-08, 3-7-11, 1-27-14 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1)Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition,the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds,as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections(8)through(10),below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for-profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections(8) through(10), below. (5)The District shall be recognized in all written, on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6)Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7)The District Board shall make all final decisions concerning the provision of funding for a clean-up program. Exhibit B In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional$5,000 in clean up funds. (8)The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway-related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area,or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374 976(2)FS.Law Implemented 374 976(1)FS. History-New 3-7-11 EXHIBI-T C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Indian River County Project Title: Archie Smith-Fish House Phase IIA Project#: IR-15-62 I hereby certify that the above referenced project Sponsor, as of October 01, 2015, 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 December 15, 2015 Project Liaison Name: Roland M. DeBlois, AICP, IRC Chief of Environmental Planning Project Liaison Signature: 74 _ Date: 12/15/15 *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#: PROJECT SPONSOR: BILLING#: 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 "A") 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"A") Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. Project Liaison Date *S. 837.06 Florida.Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND-Form No.90-14 Effective Date 7-30-02) EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification hap://www.aicw.org/closeout wap jsp Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated , 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT http://www.aicw.org/wapapp pdf jhtml?method=view&waoapp pdf id=1 PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct I-DEC 15 ; Dec 15-Mar 1 ; Mar I-June 15 June 15-Sep 1 Report Due: (Dec 30) (March 15) (June 30) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2015 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2015 - First Quarterly Report Due. http://www.aicw.orp/wgpapp pdfjhtml?method=view&wapapp pdfid=1 MARCH 15, 2016 - Second Quarterly Report Due. JUNE 30, 2016 - Third Quarterly Report Due. SEPTEMBER 15, 2016 - Fourth Quarterly Report Due. DECEMBER 30, 20156 - Fifth Quarterly Report Due. MARCH 15, 2017 - Sixth Quarterly Report Due. JUNE 30, 2017 - Seventh Quarterly Report Due. NOTE:If the project will not be completed and all close out paperwork submitted by September 1St, a request for a ]-year extension of the completion date of the project should be submitted with the June 2017 quarterly report. SEPTEMBER 01, 2017 - Closeout paperwork due. hLtp://aicw.org/closeout wap.isp Closeout paperwork consists of: • Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. • A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. • Photograph(s)showing the installation of the sign required by Rule 6613-2.013, F.A.C. • Photograph(s)of the completed project clearly showing the program improvements. Opg or of format) • A Final Project Report(1-2 pages)that shall at minimum include:project name and address,project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2017 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check with check presentation to sponsor. NOTE:ANY MODIFICATIONS to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. i *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. r DISTRICT