HomeMy WebLinkAbout2008-231PRIVITY AGREEMENT
Absolute Marine Towing & Salvage Inc. ("Contractor'), a Florida Corporation as
Contractor under that certain contract for : Removal of Derelict Vessels
Contract # 4349, dated June 25, 2007 with Brevard County ("Contract")
hereby represents and warrants to Indian River County, Florida that:
1) The Contract is attached hereto as Exhibit 1 and incorporated herein by this
reference;
2) Contractor will perform the services set forth in Exhibit 2 attached hereto and
incorporated herein by this reference for Indian River County, Florida under all of the
terms and conditions of the Contract;
3) All references to Brevard County in the Contract shall be deemed to mean Indian
River County, Florida;
4) The Project Manager for Indian River County will be James Gray, Jr., Coastal
Engineer;
5) Contractor will submit payment invoice(s) to Indian River County, in form satisfactory
to Indian River County, Florida; and
6) Indian River County, Florida, will -be named as an additional insured on all of the
types of insurance set forth in the Contract.
Date: 0�
Attest: J. K. Barton, Clerk
By.
puty Clerk
FTAW •. ` .
Contractor:
Name & Title: X e ir'j `'`
r
Accepted by:
INDIAN RIVER COU" FLIDA
••
B 01manow 0
�
Sandr L. Bowden, Chairmah
Boar of County Commissioners
Date: qr L Jr' egg
...Y, .M. 1 M... . V..
Senior Assistant County Attorney
r
4
EXHIBIT 1
BREVARD COUNTY CONTRACT # 4349
Ui
a� N
y it >
0
ON
X t
W
va�1
c9
69
y+
fh >
a •O .d
N
�
O �
C
tw
v�
oN
•�
r+ ►• eei
R+
A
co
L4
G
b
o
p.
i
69
b
o
�' A
�y •c�i
Too
Iz
42
O
a
1:1 El
A
d
0
b
C44-4
dd
Gy.g
}�
To
00
Z
�
a ua�
O
>
~° 3
E'"
o
a �U
"Cd OZs�a
a
r�iJ
v°i
w
C
OS T C>
❑
El
El
I
Q
zw
�¢
h ~
"o 4-4 C
00,4
Ptj
Z
�°,°2
p"
a
v�
q O��4 c
k"" a v
�¢
¢
o
O
�. +r ami
U
IMO
U
Q
i
G
U
o
O
r
w
v °�
N
¢
U
2
��
p •�
U
a
U3
c
pa
>>
I;
1
N� ...a�
000
a
W
w
...
►��
d
n
'"
O�
••
a�
ax
•�n°�wo
oz
w
c�
A� p
p w o.' ao
.� Q
q
z
vi
o
>
i7
O
EH
69
u
7C+`
O
0
CoA w
To:
T~
L� as
°(�
U
vu
N
006
To C%l
CD
To
AoaI
lz
IWO
I=
TWO
U
W
Nt
t�j
V W TO 3 .PC
a
w
•�
z
°T4
d
O
d
c
,� .V
O
O
W�
O'
w
rx
C/)C7 b
Q
H
oz
0o
vv�
m
cv
ogjW�i
•L7
mow'>�
W
O
�
o
o�
oo
'y
0
� bD � .O
0?""^d y
(�
Fy+O
Oaf,
���,
a
s
•�
a� ,C
.vim'
~�
tial.
��>�
a
a�Wa
� •�!H
o ���Q
�o�•���
a::°wa:
b
c
wo w
Ei
❑❑
❑
❑❑
❑
❑
❑❑
`\
11,7/02/2003 12: 10 3216375392 CLERK
TO
PURCHASING PAGE=. 03/03
.OS/Z6/2007 08:C� FAX 327. 864 8972 � ,
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
TAMARA I RICARDO Clwk to tho Board, 400 South 6trott R P.O. Box W, Titusvilla. flodda 32781 00099 T"Phow: (321) 4001
3T921) 2648a72
June 26, 2007
MEMORANDUM
TO: Ernie Brown, Natural Resources Management Director
RE: Item I1.A,, Agreernent.with Absolute Marine Ttowing & S vage,I c. for (Derelict
ve}�001490604'"",
Wesel Removal Lt I' f 0 i (3#4 10044 ,y�4 � �'
The Board of County Commissioners, in special session on June 25, 2007, executed Agreement
with Absolute Marine Towing & Salvage, Inc. for implementation of the Derelict Vessel Removal
Project. Enclosed are two certified copies of the Agreement for your necessary action.
Your continued cooperation is greatly appreciated.
Sincerely yours,
BOARD OF COUNTY COMMISSIONERS
SCOTT ELLIS, CLERK
e /J`
Ricard, Deputy Clerk
Ends. (2)
cc; Contracts Administration
Finance
Budget
PRINTED ON RECYCtFD PAPER
07;'02/200; 1210 3215375302 PURCHASING
CO N•.!.'KAU it ,UA I A r UJ!UVytI
ACID NEW CONTRACT CHANCrE EXISTING CONTRACT DATA
L Contract tturnber: 1349 2. Vendor Noun;
(existing contracts only) vendor Address
'Vendor Number:
3. Bus, Area 1700 Cost Center 343010 4, Plant
G/L Act. 5340000 Internal Order _ 5. Storage Location
6, Department Name: Natural R,
7, Contract Description: Derelict
8, Name of. Contract Monitor: Ma
9, Office Director (Officer of Primary
10, Agency .Type
13. Contract Aznt.
14. Bond Type
16, Change Order #
17, Comments:
18. Contract Term
PAGE 02!,03
CONTRACT FROM SYSTEM
Absolute Marine 'Towi.ng.__ T..
PO Box 36013 607 -- ---
Melbourne, FL 32936
16824
`dR01
0590
Responsibility): - Ernie Brown
11. Original Approval Pate: 06;25/07 12. Renewal. Approval t
' 7 4 4 6,(0
a. Payable Z b. Revonue [] c. N/A [7
NIA
PROJECTiCOMMODITY TITLE
ORIGINAL CONTRACT AMOUNT
COST OF CURRENT CHANGE ORDER
Contract atnmount is based on a per item bid,
EfTective
6/25/2007
N
itetns can
****DATE
15, Bond Ar.ou.nt: 0
.removed or added as the budget allows.
Expiration
9/30!2008
19. TYPES Ot= INSURANCE: ******DATES******
Effective £aspiration
A. Commercial Gen, Liability: 06/06/2007 06/06/2008
Pcndirg Action:
Ft_ Owners/Contractors Liab.: 03,101/2007 0310112008
Pending Action:
C. Auto Liability: 0610712007 — 06/071/2,008
Pending Action:
D, Worker,' Compensation: + ~� OW06/2(107 — � 06/06/20118
Pending Action:
E. SLIMUS Risk:
Pending Action: _
F'. Professional Liability
Pcnding Action: —
0. Excess Liab..
Pending Action: -�) }— p 7 F� 1 2: 1 I N
H. Bonds:
Pcntfing Action :
T. Environ. Pollution Liub.:�^--��—
Pending Action:
J. Claims Madc
20. SUBMITTED BY:
Phone 4. 633a2016
(Number of Years)
DATE: 6,125!07
SEND COMPLE'T'ED FORM TO: CONTRACTS ADMINISTRATION
MAIL STOP 83
HC -20 GN -LME FORM (Revived 06129r'200 1)
Q7/02/2008 12:10 3216375302 PURCHASING PACE 04/08
'06/26/2007 05:08 FAX 321 28.4 6977,
L'L1 Rlt Tr) rH� BUArt.li
Contract for Derelict Vassei Removal
THIS AGREEMENT by and between the Board of County Commissioners of Brevard
County, Florida, a political subdivision of the State of Florida (hereinafter the'CountyP), and
Absolute Marine Towing & Salvage, Inc., a business having ita primary business location at 3800
S. U.S. Highway i, Grant, FL, 32949, (hereinafter the "Contractor").
WITNESSET'R
WHEREAS, the County is desirous of obtaining the services of a Derelict Vessel
Removal Contractor, and
WHEREAS, the provision of such services shall mutually benefit the parties hereto and
the residents of Brevard County, Florida.
NOW THEREFORE, in consideration of the covenants herein contained, it is mutually
agreed between the parties as foilowc: '
1. SCOPE OF THE WORK: The Contractor shall furnish all labor, materials,
equipment, machinery, tools, apparatus and transportation to perform all work er services
specif el in the Bid Package and it's amendment attached hereto as Exhibits A and 8, and made
.a part hereof by this reference and hereinafter referred to as ("work" or "services).
2. TERM: The term of the Agreement shall begin_ and continue
through December 31, 2007 or until work is complete.
3. PAYMENTS: County shall pay the Contractor for (Work or Services) provided
under this Agreement as provided in Exhibits A end B made a part of this agreement by
reference. The County reserves the right to deduct from any contractor invoice an amount for
defective or nonconforming work, or for work not provided but invoiced. The County shah remit
payment in accordance with the Florida Prompt Payment Act, Florida Statute section 218.7[x, at
seq.
4. INDEMNIFICATION: The Contractor sholl.indemnify and hold harmless the
County and its agents and employees from and against all claims, damages, losses, and
expenses, including attorney's fees arising out of or resulting from the performance of its work
under this agreement, where such claim, damage, loss, or expense Is caused, in whole or in part,
by the act or omission of the Contractor, or anyone directly or indirectly employed by the
Contractor, or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused by or in part by a party indemnified thereunder. In any and all claims against the County,
or any of its agents or anyone directly or indirectly employed by the Contractor, or anyone for
whose accts any of them may be liable, indemnification obligation under this paragraph shall not.
be limited In any way by a limitation on the amount or type of damages, compensation or benefits
payable by or for the custodial contractor, under workers' compensation acts, or other related
policies of insurance. The parties acknowledge specific, consideration has been exchanged for
this provision.
5. MODIFICATIONS TO CONTRACT: This contract, together with any exhibits,
task assignments and schedules constitute the entire contract between the County and the
Contractor end supersedes all prior written or oral understandings. This contract and any
exhibits, task assignments and schedules may only be amended, supplemented or canceled by a
written instrument duty executed by the parties hereto.
1/0212008 12: 10 321bJ ib Jd2 HUKUHA51NU HA6E Ub/ U9.l
05/26/2007 09:06 FAX 121 284 6972 CLAERA '.cu flit, laud
6. INSURANCE* The Contractor, at its own expense, $hail keep in force and at all
times maintain during the term of this Agreement:
a. General Llability Insurance: General Liability Insurance issued by responsible
insurance companies and in a form acceptable to the County, with combined
single limits of not less than One Million Dollars ($1,000,000) for Bodily injury
and Property Damage per occurrence.
b. Automobile Liabi[Ity Insuranceft Automobile Liability coverage shall be in the
minimum amount of One Million Dollars ($1,OKLU) combined single limits for
Bodily Injury and Property Damage per accident
C, Workem' Compensation Insurance, Federal Longshoremen's and
Harborworkees Act, and Jones Act Coverage: Full and complete Wormers'
Compensation Insurance stall be provided and all personnel subject to the
provisions of the U.S. Longshoreman's & Harbor Workers' Compensation Act
and related acts (USCI&t..) shall be covered under USH&L Insurance provided by
the contractor, as established in Exhibit B.
d, Insuranc* Cartiftcatem The Contractor shall provide the County with
CelYtficate(s) of Insurance an all the policies of insurance and renewals thereof
in a form(s) acceptable to the County. Said Liability Policies shall provide
that the County be an additional Insured. The County shall be notified in writing
of any reduction, cancellatlon or substantial change of policy or policies at least
thirty (30) days prior to the effective date of said action. All insurance policies
shall be issued by responsible companies who are acceptable to the County and
lkt snsed and authorized under the lam of the State of Florida.
7. ATTORNEY'S FEES: In the event of any legal action to enforce the terms of this
contract each party shall bear its own attomey's Bees and cost_
6. GOVERNING LAW: This agreement shall be governed, interpreted and
construed according to the laws of the State or Florida,
9, COMPLIANCE VNITH STATUTES: It shah be the Contractor's responsibility to be
aware of and comply with all federal, state and local laws.
10. VENUE: Venue for any legal action by any party to this agreement to interpret,
construe or enforce this Agreement shall be in a court of competent jurisdiction In and for Brevard
County , Florida and any trial shall be nonjury.
11. ASSIGNMENTS: Contractor shall not assign any portion of this agreement
Yrilhout the written permission: of the County.
12, TERMINATION: if either party fails or refuses to perform any of the provisions of
this contract or otherwise fails to timely satisfy the Contract provisions, either may notify the other
party in writing of the nonperformance and terminate the contract or such part of the contract as
to which there has been delay or a failure to properly psrforrn. Such termination is effective upon
the party's receipt of the Notice of Ter%nination.. Any work completed or services provided prior to
the date of termination shall, at the option of the County, become the property of the County. The
County is only responsible for payment for (work completed or services provided) prior to the
effective date Of termination. The Contractor shall be subject to liquidated damages pursuant to
Exhibit B.
13. INDEPENDENT C0NTKACT0R: The contractor $half perform the services
under this agreement as an Independent contractor and nothing contained herein shall be
construed to be inconsistent with this relationship or status. Nothing in this agreement shall be
e•7/02l2008 11:10 3216375302 PURCHASING PAGE 06/03
06/23/2007 02: 07 FAX 321 264 8472
CLERK TO THE tiUA" ,t,vvu' ""'
I
nterpreted or construed to constitute tate Contractor or any of Its agents or employees to be the
agent, employee or representative of the County.
14, RIGHT TO AUDIT RECORDS: In performance of this Agreement, the
Contractor shall keep books, records, and accounts of all activities related to the Agreement, in
compliance with generally accepted accounting procedures. All documents, papers, books,
records and accounts made or received by the contractor in conjunction with the Agreement and
the performance of this Agreement shall be open to inspection during regular business hours by
an authorized representative of the office and shall be retained by the contractor for a period of
three (3) years after tem►ination of this Agreement, unless such records are exempt from section
24(a) of Article I of the State Constitution and section 119.07(1) Florida Statutes.
15, UNAUTHORIZED ALIEN WORKERS& Brevard County will not Intentionally
award publicly -funded contracts to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contalned in 6 U.S.C. Section
1324a(e)(Section 274A(s) of the Immigration and Nationality Act OINX), The County shall
consider a contractor's intentional employment of unauthorized aliens as grounds for immediate
termination of this Agreement.
16,
FEDERAL.
TAX
ID NUMBER:
The Contractor shall provide to the County their
Federal Tax
10 Number or,
if the
Contractor
is
a sole proprietor, a Social Security Number.
17, EMAPL.OYMENTee The Contractor shall not engage the services of any person or
persons now employed by the County, including any department, agency, board or commission
thereof, to provide services relating to this contract without written consent from the County.
is. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consulterit under a contract with a public entity, and may
not transact business with any public entity in excess of the threshold amount provided In s.
287.017 for CATEGORY TWO for a period of thirty six (36) months from the date of being placed
on the convicted vendor list.
19. CONSTRUCTION OF AGREEMENT: The parties hereby acknowledge that they
fully reviewed this agreement, Its attachments and had the opportunity to consult with legal
counsel of their choice, and that this agreement shall not be construed against any party as if
they were the drafter of this Agreement
07!02/1'0x18 r -
ur,rsxa xu AXIM Duiu a Pt��E. 0 r?..%
12:10
3216375302
06/26/2009
09:07
FAX
321-264
697'1
20. tdi?TtCE: Notices under this agreement shag be given by Certified mail or hand
delivery as follows: AMR C. CuNer, Brevard County Natuna! Resources Wnegernent Office, 2725
Judge Jamieson Way A-219 Vism FL 32940 and Notice shall be given to the Contractor by
ceftitled mail or hand delivery as follows:
IN WITNESS WHEREOF:, the parties have hereunto set their hands and seals on the day
and year first above written.
ATTEST:
and
Assistant County
BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA
SY:
JAC COLON, CHAIR
As approved by the board on w"" 2« 4" l 7
CONTRACTO
By:
Signature -
Date:
.Of ---s--- r
NOTARY KBUC-STATE OF FLORMA
SEAL. Madeline Donato
Commtssian #DDS75598
*UpImaw NOV 29, 2008
Hond*4 Tbry Adana¢ Eooding Co., lAc.
Lipp
`+
w
�1 1 0 Kc
Name & Title, Typed or Printed
f4 c.
0-1 02/2006 12: 10
SECTION l
3:15375302
PUR(III I i,
.,
� I /AMA
crorsixJ115 f4 m
PAVE U8/Un'
SECTION II
The folowing departments must approve all contracts submitted to the Board:
APPROVAL
COUNTY OFFICE }mss no INI�TIA_L..S- Date
User Agency ❑ ❑ r%
Risk Management ❑� ❑
C , 66L De
County Attamey ❑ ❑1
User Agency ❑ _.._
k .-r _.-111111111111111111,
.,� -, -. -..- . .-
NOTE& This form should be attached to all new conoacts being submitted to the Board for approval. A, f er the
contract has been approwe4 the contract package, including this form, will go to the Clerk to the Board-
7%s
o rd -
Ties initial entry will generate an eatery on your owndity contract report and the forst Import will always
show a "Required Action "for the contact. See A()L29 for additional inform mom
A0-29: EXHIBIT I
.A�
EXHIBIT 2
ABSOLUTE MARINE TOWING & SALVAGE INC. PROPOSAL AND
SCOPE OF WORK
�t5125%2003 09:03 3217521158 ABSOLOUTE MARINE PA(aE K/03
Absolute Marine Towing & Salvage Inc.
PO Sox 360607
Melbourne, N 32936
321-951-7953
June 26,2008
James Grev
Indian River County
Public Works
4375 431d Avenue
VeroBeach, 3✓l 32967
Derelict vessel removal frt►m Indian River.
The estimated coast for removal of the Derelict vessels listed below located in Indian.
River County mill be $37,920.00
1?V6m
DVS-
DVy-
DV 12 -
DV l 3 -
DV 14 -
DV l 50
Kevin Miller
Director
Florida Department of Environmental Protection
Application for Removal of Derelict Vessels Within
Indian River County, Florida
FILE NO: 31-285458-001
Background
Following the 2004 hurricanes, Indian River County experienced an increased
abandonment of personal vessels within the Intra Coastal Waterways (ICW). With the
assistance of the Florida Fish and Wildlife Conservation Commission Division of Law
Enforcement, The County has identified twenty (20) vessels as derelict. However, only
seven (7) remain in the waterways. The County requests permission to remove the
remaining identified vessels from the ICW through DeMinimis Exemption. A location
map showing submerged seagrass beds, along with a description and photo of each vessel
is included under attachment A.
Scope of Work
The following is a general Scope of Work (SOW) for the removal of derelict vessels.
• The Contractor will provide appropriate FDEP Best Management Practices
(BMPs) for erosion control while each vessel is being removed. Typically, within
the Indian River a moderate current is present for this reason a Type II floating
turbidity barrier will be required to be installed during in water construction
activities;
• In a effort to reduce turbidity, the Contractor will use a crane, winch and or an
approved alternate method while removing vessels;
• Turbidity levels shall be monitored throughout removal;
• If pollutants are found, the Contractor will quickly contain and remove from the
waterways,
• Each vessel shall be photo documented prior to and following removal. In
addition, the Contractor shall provide the County a daily written report of all
construction activities;
• The Contractor shall navigate loaded barges between existing channel markers
where applicable;
• Vessels debris shall be loaded onto a barge and or flat bed truck for proper
disposal at the County landfill;
Water Based Vessels
All work shall be conducted using appropriate Best Management Practices to prevent
disruptions to the water quality of the Aquatic Preserve. The Contractor shall install
Type II floating turbidity barriers within a ten (10) foot radius around all vessels marked
Page 2 of 2
Derelict Vessel Removal Application
for removal. In addition, appropriate FDEP erosion control and turbidity prevention
measures shall be installed around the barge removing the derelict vessels. Derelict
vessels will also be floated before removal to reduce impacts to the riverbottom. The
Contractor shall avoid dragging removed vessels both on and offshore.
Nearshore Based Vessels
Vessels situated in near -shore, shallow water areas shall be approached in a manner to
avoid impacts to seagrass or other submerged aquatic resources. These vessels shall be
approached by shallow draft barge. Water depths shall be monitored constantly to avoid
running aground. Vessels in these locations will be cut into segments and removed in
more manageable pieces. All appropriate turbidity measures shall be employed.
Land Based Vessels
The land removal of vessels shall consist of the installation of appropriate siltation fences
to reduce turbidity. A crane, winch, and or a more appropriate approved method shall be
used to lift the vessel from the land. Depending on the exact location of the vessel will
determine if the vessel is removed via land or water.
Schedule
The anticipated start date of construction is late August — September 2008 and is
expected to take several weeks to complete.
Contractor
Through a privity agreement with Brevard County, Absolute Marine Towing and
Salvage, Inc., Melbourne, Florida is expected to be the Contractor. The Contractor
proposes to use a 60' x 20' steel barge with a draft of 12" in addition to a 24' x 8'
fiberglass pontoon barge with a 6" draft to remove the derelict vessel for the waterway.
Attachment 2
FIND Project Agreement No. IR 07-40ER
COMMISSIONERS
CHARLES At PADERA
CHAIR
ST, JOHNS COUNTY
MICHAEL D. MESIANO
VICE -CHAIR
DUVAL COUNTY
BRUCE D. BARKETT
SECRETARY
INDIAN RIVER COUNTY
S. NORMAN BRAY
TREASURER
NASSAU COUNTY
GRAYCE K. BARCK
VOLUSIA COUNTY
GAIL A, BYRD
MARTIN COUNTY
DONN R. COLEE, JR,
PALM BEACH COUNTY
T. SPENCER CROWLEY, III
MIAMI-DADE COUNTY
SUSAN M. ENGLE
BROWARD COUNTY
GEORGE L.KAVANAGH
ST. LUCIE COUNTY
JONATHAN S. NETTS
FLAGLER COUNTY
JERRY H. SANSOM
BREVARO COUNTY
DAVID K. ROACH
EXECUTIVE DIRECTOR
MARKT.CROSLEY
ASSISTANT EXECUTIVE DIRECTOR
FLORIDA INLAND NAVIGATION DISTRICT
November 21, 2007
Mr. James Gray
Coastal Engineer
Indian River County
1840 25t�' Street
Vero Beach, FL 32960-3365
RE: Derelict Vessel Removal
Project # IR-07-40ER, Project Agreement
Dear Mr. Gray
Enclosed is your original
Agreement for the above
reporting requirements and
agreement.
copy of the fully executed Project
referenced projects. Please note the
project requirements referenced in this
Please contact: me if I can be of any further assistance.
Assistant
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 561.627-3386 FAX Na. 561-624.6480
www.alaw.arg
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO, IR-0740ER
This PROJECT AGREEMENT made and entered into this rO day of
NOVEMT - , 20a 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 66B.2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Derelict Vessel Removal. Said project is more specifically described in the
PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT
headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior written
approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board
and shall complete the PROJECT and submit all required payment reimbursement
information on or before September 1, 2009, unless the PROJECT period has been extended
with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT
period extend beyond three (3) years from October 1, 2007. The PROJECT SPONSOR
acknowledges there are no provisions to carry over the DISTRICT assistance funding under this
Agreement beyond September 30, 2009, and that any extension of funding beyond this date shall
be at the sole discretion of the DISTRICT.
Any request for extension of funding beyond the date set. forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT
no later than July 1, 2009. This request will then be considered by the DISTRICT Board, whose
decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than fi_yft
percent 50% of the PROJECT SPONSOR'S out-of-pocket costs for completion of this
PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT
SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only
for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of
Paragraph 5 below and shall not, in any event, exceed $45.000.00.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that
it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the
ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the
execution of this Agreement, have provided the DISTRICT with suitable evidence of the
availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon
request, providing the DISTRICT with access to applicable books and records, financial
statements, and bank statements.
S. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient
accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are
generally described in Exhibit B. PROJECT COSTS must be incurred and work performed
within the PROJECT period, with the exception of pre -agreement costs, if any specifically
identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT.
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.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to
the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14)
attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers
for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON
AGENT with any payment request. All records in support of the PROJECT COSTS included in
payment requests shall be subject to review and approval by the DISTRICT or by an auditor
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT, upon
submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The
DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the
PROJECT.
The following costs, if authorized in the attached Exhibit B shall be reimbursed only
upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in
accordance with Exhibit A: personnel, equipment, project management, administration,
inspection, and design, permitting, planning, engineering, and/or surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in whole
or part, for non-compliance with the terms of this Agreement.
8. FINAL REIIVIBURSEMENT - The PROJECT SPONSOR, upon completion of
the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT
AMOUNT less any prior installment payments. The Payment amounts previously retained by the
DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction
of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit
E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph
17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9: RECORDS RETENTION - The PROJECT SPONSOR shall retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the
Final Payment is released by the DISTRICT, except that such records shall be retained by the
PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or
special audit that starts prior to the expiration of the three-year retention period.
10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement,
either in whole or part as it may determine, of the funds provided hereunder for noncompliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification
from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the
DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee,
is hereby designated as the DISTRICT's Project Manager for the purpose of this Project
Agreement and shall be responsible for monitoring performance of its terms and conditions and
for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a
LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of
the Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall
submit to the DISTRICT project status reports during the PROJECT term. These Quarterly
Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings,
and a copy of the Project bid award construction item cost list will be submitted as available.
Photographs shall be submitted when appropriate to reflect the work accomplished. NON-
COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may
result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal,
state and local permits and all applicable laws and regulations in the development of the
PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and
constructed in compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules and requirements.
15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general
public without regard to age, sex, race, physical handicap, or other condition, and without regard
to residency of the user in another political subdivision. When such is required, adequate parking
shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of
persons for which the PROJECT is being developed.
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25)
years after completion of the PROJECT, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. Any change in such dedication shall
require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of
such dedication within the Public Records of the County in which the PROJECT is located.
17. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the
completed project which shall indicate that the DISTRICT contributed funds for the PROJECT.
The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff
before construction and installation of said sign. This sign shall contain the DISTRICT logo
(Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the 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
with the DISTRICT staff s recommendations.
18. PROJECT MAINTENANCE - When and where applicable, the PROJECT
SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT
improvements and will pay all expenses required for such purposes. The PROJECT
improvements shall be maintained in accordance with the standards of maintenance for other
local facilities and in accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents
that it has full legal authority and financial ability to operate and maintain said PROJECT
facilities and improvements.
19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity under Section
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its
employees, commissioners and agents are solely providing funding assistance for the PROJECT
and are not involved in the design, construction, operation or maintenance of the PROJECT.
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement
shall inure to the benefit of and be binding upon the parties hereto and their respective successors
and assigns, and shall, unless the context clearly requires otherwise, survive completion of the
PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
without the express prior written consent of the DISTRICT.
22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be
deemed a waiver of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return
receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice
shall be effective on the date indicated on the return receipt.
To the DISTRICT at.
Florida Inland Navigation District
1314 Marcinsid Road
Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at.
Indian River County
Attention; County Coastal Engineer,
Public Works Department
1840 25`h Street
Vero Beach, FL 32960
24. NO JOINT VENTURE = The DISTRICT's role with respect to the PROJECT is
that of a funding assistance authority only and the DISTRICT is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In the event
the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or
parties not now a part of this document, other than another governmental entity that agrees to
assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the
right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding
assistance provided by the DISTRICT, including but not limited to any costs and reasonable
attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting
said reimbursement.
27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a
part hereof, embodies the entire Agreement and understanding of the parties and supersedes all
prior oral and written communications between them. The terms hereof may be modified only by
a written amendment signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES:
J.K. Barton, Clerk
By . <
Deputy Clerk
By:
DATE: % 6
PROJECT SPONSOR
INDIAN RIVER COUNTY
By: BOARD OF COUNTY/NjISSIONERS
rz
Titl
Ga C. Whedldr, Chairman
DATE: (1 1c)(o to
APPROVED AS TO FORM
ANO LEGAL SUf, NCY
MARIAN E. FELL-� t
rANT COUNTY ATTORNEY
MIX0100310MFAI
CHAPTER 6654 — WATERWAYS ASSISTANCE PROGRAM (2007)
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Disaster Relief Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement,
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects.
66B-2.015 Small -Scale Derelict Vessel Removal Projects.
66B-2.001— Purpose.
Recognizing theimportance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created s. 374.976,
Florida Statutes. This law authorizes and empowers each inland navigation district to
undertake programs intended to alleviate the problems associated with its waterways. The
purpose of this rule is to set forth the District's policy and procedures for the
implementation of an assistance program under s. 374.976, F.S., for local governments,
member counties and navigation related districts within the District. This program will be
known hereafter as the Florida Inland Navigation District's Waterways Assistance
Program.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History —New 12-17-90, Fonnerly 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.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History—New 12-17-90, Formerly 16T-2.002.
66B-2.003 — Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the required documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) 'BEACH RENOURISHMENT" means the placement of sand on a beach for
the nourishment, renourishment or restoration of a beach.
(5) 'BOARD" means the Board of Commissioners of the Florida Inland
Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
governments and navigation related districts within the taxing boundaries of the District.
(8) 'ENVIRONMENTAL PERMITS" means those permits, exemptions, or
general permits for construction below mean high water line of a navigable waterway
required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida
Department of Environmental Protection, and the South Florida or the St. Johns River
Water Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida
Inland Navigation District.
(10) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
(12) "MATCHING FUNDS" means those funds provided by the local sponsor to
the project.
(13) "MEMBER COUNTY" means a county located within the taxing boundaries
of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian
River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties.
(14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet
districts or any other agency having legally authorized navigation related duties in
waterways of the District.
(15) 11PRE4GREEMENT COSTS" means project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(16) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a
project for release to the project sponsor pursuant to the terms of the project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible program
facilities, improvements or expenses for the use and benefit of the general public.
(l 9) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved project.
(20) "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 serviceably 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.
(21) "PROJECT MANAGER" means the District employee who is responsible
for monitoring the performance of the Project and compliance with the project
agreement.
(22) "PROJECT PERIOD" means the approved time during which costs may be
incurred and charged to the funded project.
(23) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(24) "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.
(25) "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.
(26) "PUBLICLY OWNED COMMERICAL 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.
(27) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(28) "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.
(29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holistic process by which the learner: develops an awareness of the
natural and manmade environments of waterways; develops knowledge about how the
environment of the waterways works; acquires knowledge about the technological, social,
cultural, political, and economic relationships occurring in waterway related
environmental issues; and, becomes motivated to apply action strategies to maintain
balance between quality of life and quality of the environment of waterways.
Speck Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History—New 12-17-90, Amended 9-242, 2-647, Formerly 16T4.003, Amended 5-17-98, 3-21411 3-20-
03, 3-3441 44145, 4-24-06, 445-07.
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, public recreation, inlet
management, environmental education, law enforcement and boating safety projects
directly related to the waterways. Member counties may also be provided financial
assistance, support, and cooperation in planning and carrying out beach renourishment
and inlet management projects.
(b) Eligible local governments may also be provided financial assistance, support
and cooperation in planning and carrying out public navigation, public recreation, inlet
management, environmental education, law enforcement and boating safety projects
directly related to the waterways. Eligible local governments may also be provided
financial assistance, support and cooperation in planning and carrying out beach
renourishment and inlet management projects.
(c) Navigation related districts maybe provided with financial assistance to pay
part of the costs of the planning and acquisition of dredge material management sites if
the Board finds that the site is required for the long-range maintenance of the Atlantic
Intracoastal Waterway channel. All such sites must meet the development and operational
criteria established by the District through a long-range dredge material management plan
for that county. Navigation related districts may also be provided with assistance for
environmental mitigation projects associated with waterway improvement related
activities and inlet management projects if the Board finds that the project benefits public
navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall
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 public boat ramps and launching facilities, land
acquisition for additional trailer parking at an existing boat ramp, and public boat docking
and mooring facilities in man-made, navigable waterways contiguous to "waterways" as
defined in Rule 66B-2.003, F.A.C.
(2) Notification: The District will notify by direct mail and/or advertised public
notice all eligible governmental agencies of the program and the upcoming authorized
submission period. Funding allocations to navigation related districts, member counties
and local governments shall be based upon the proportional share of the District's ad
valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in accordance
with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by
program funds shall be made available to the general public of all of the member counties
on a non-exclusive basis without regard to race, color, religion, age, sex or similar
condition. Additionally, facilities funded in whole or in part by program funds, shall not
require a paid membership for the general public of all of the member counties as a
condition to use the facilities. User or entrance fees maybe 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.
i n:
(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) Public Information Availability: Public information produced with assistance
from this program shall not be copyrighted and shall be provided free of cost, except for
the cost of reproduction, to the public.
(8) Third -Party 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, ata 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.
(9) Nan -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.
Specific Authority 374.976(2) FS.
Latin Implemented 374.976(1), (2) FS.
History—New 1247-90, Amended 2-3-94, 2-6-97, Formerly 16T4.004, Amended 5-1&98,3-3149,545-
00,
-18-98,3-31-99,5-25-
00, 3-21-01, 7-30-020 3-3441 4-21-05.
66B-2.005 — Funds Allocation.
The Board will allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the
upcoming year. If funds are determined to be available for the program, the District will
notify potential eligible governmental agencies of the availability of program funding.
Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25
(a thru f) Waterways Assistance Program Application Evaluation and Rating Worksheet
(effective date 4-24-06); and 93-25 and 9345 (a, b and c) Waterways Assistance
Program Navigation Districts Application Evaluation and Rating Worksheet (effective
date 4-2446), hereby incorporated by reference and available from the District office.
(1) Funding Assistance Availability: In as much as the District has other fiscal
responsibilities and operational needs, financial assistance to eligible government
agencies shall not exceed an amount equal to eighty (80) 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(7), F.A.C., and small-scale spoil island restoration and
enhancement projects that meet the provisions of Rule 66B-2.013, 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
within the fiscal year of the grant application submission (October 1st 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 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.
(5) Seaport Funding Eligibility: Financial assistance to seaports may exceed 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 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.
(6) Inlet Management and Beach Renourishment: Projects and project elements in
the categories of inlet management and beach renourishment shall be subject to the
following provisions. The District shall contribute no more than fifty 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.
(7) 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
provide public access to public launching, mooring or docking facilities. In addition, the
following shall apply:
The p
(a) Navigation channel dredging: roject 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.
All other public navigation projects or project elements will only qualify for up to
fifty percent (50%) program funding.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1), (3) FS.
History — New 12-1740, Amended 6-2443, 94-960 2-647, Formerly 16T-3.005, Amended 54748, 8-26-
99, 3-2141, 7-30-02, 3-344, 4-2145, 4-24-06, 4-15-07.
604.006 — Application Process.
(1) Application Period: Applications for assistance through this program will be
submitted during the authorized submission period that shall be established by vote of the
Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance
Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and 93-
22a, Project Information — Navigation Related Districts (effective date 4-24-06) 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, and the Small -Scale Derelict Vessel program, 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 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. All applications for financial
assistance and support through this program from navigation related districts shall be
made on FIND Form Number 93-22 (effective date 4-24-06), hereby incorporated by
reference and available from the District office, and shall include a detailed cost estimate
submitted on FIND Form No. 90-25. In addition, all applicants shall submit a complete
and detailed Project Timeline (FIND FORM No. 9640) (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 1044-92),
hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land based
development project the applicant shall submit an Attorney's Certification of Title, FIND
Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and
available from the District office.
(5) Application Review: Applications will be reviewed by the local FIND
Commissioner before being submitted to the District office. Upon receipt in the District
office, staff will review the applications for completeness of the informational
requirements identified in the Application Checklist, FIND Form Number 90-26
(effective date 7-30-02) and for compliance with the eligibility requirements of this rule.
When an application is determined by staff to be incomplete or ineligible, staff will
immediately inform the applicant by mail. The applicant will then have until the date
established by the Board in the application package to bring the application into
compliance. If the applicant fails to provide a complete application in compliance with
these rules, the application will not be considered for funding. In order to have a
complete application, the applicant shall not only submit the forms required under Rule
66B-2.006, F.A.C., and any other information requirements identified in the Application
Cheeldist (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.
A.11: I
(6) Interlocal Agreements: Applications that the Board determines will directly
benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by
the District's long range dredged material management plans, will directly benefit the
maintenance of the Okeechobee Waterway channel as documented by the District's long
range dredged material management 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.
(7) Application Presentations: Applications determined to be complete and in
compliance with this rule will be forwarded to the Board for review and then scheduled
for presentation to the Board at a scheduled meeting of the Board. Applicants can decline
to make a presentation to the Board by submitting a written request.
(8) Application Evaluation and Rating Score: Following the presentations, the
Board will review the applications and evaluate them using the Waterways Assistance
Program Application Evaluation and Rating Worksheets No. 91-25 (a thru f) for
Waterways Assistance Program applications, and 93-25 (a, b and c) Waterways
Assistance Program Navigation Related Districts 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 66B-2.0061, F.A.C., "Disaster Relief
Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction
(effective date 4-24-06).
(9) Funding Determination: The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if any, to 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 the Project Evaluation and Rating Form. Allocations will
also be based upon the specific needs of the individual counties.
Specific Authorio; 374.976(2) FS.
Law Inrplentertted 374.976(1) FS.
History—New 12-17-90, Amended 9-2-92, 6-24-93, 44245, Formerly 16T4.006, Amended 5-2540, 3-
21-01, 7-30421 3-20-031 441-05, 4-24-06, 44547.
66B-2.0061— Disaster Relief Applications.
Disaster Relief applications maybe 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.
Speck Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History—New &2443, Amended 2447, Formerly 16T-2.0061, Amended 4-2446.
66B-2.008 - Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall
be used to plan or carry out public navigation, public recreation, environmental
education, boating safety, acquisition and development of spoil sites and publicly owned
commercial/industrial waterway access directly related to the waterways, inlet
management, environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water. These
project types will be arranged into a priority list each year by vote of the Board. The
priority list will be distributed to applicants with the project application.
1. Public navigation channel dredging,
2. Public navigation aids and markers;
3. Inlet management projects that area benefit to public navigation in the District;
4. Public shoreline stabilization;
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 and development of public boat ramps and launching facilities,
8. Acquisition and development of public boat docking and mooring facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program
funding or matching funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, 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. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
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, and organizational conferences.
(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 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 will be
submitted as a phased project where Phase I will include the design, engineering and
permitting elements and Phase H 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. Applicants for construction projects that include
elements that require state or federal environmental permits will demonstrate that all
required environmental permitting will be completed by the District's final TRIM
hearing. This demonstration will be by the submission of the required environmental
permit(s) or by the submission of a letter from the agency(s) stating that a permit is not
required. Should the environmental permitting element of an application that has
construction elements that require state or federal environmental permits not be
completed by the District's final TRIM hearing, the construction portion of the project
will not be considered for funding. The District will not deviate from the funding
schedule, whereby funding decisions are completed at the final TRIM hearing, to
accommodate any application deficiency.
(2) Property Control: The site of a new proposed land-based development project,
with the exception of those projects requesting Small -Scale Spoil Island Restoration and
Enhancement funding, shall be dedicated for the public use for which the project was
intended for a minimum period of 25 years after project completion. Such dedication
shall be in the form of a deed, lease, management agreement or other legally binding
document and shall be recorded in the public property records of the county in which the
property is located. This property control requirement also applies to a project site owned
by another governmental entity. The governmental entity that owns the project site may
be joined as a co -applicant to meet this property control requirement. Existing land based
development projects that are being repaired, replaced or modified must demonstrate that
11:
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 and regulations in the development of the
proj ect.
(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. Program
funds to public marina projects shall not be utilized for maintenance of the facilities if
revenues generated by the facility are not exclusively allocated to the operation,
maintenance and improvement of the public marina facility.
(5) Final Decisions: The Board will make all final decisions on the eligibility of a
Project or specific project costs.
Specific Authority 374.976(2) FS.
Lm+i Implemented 374.976(1) . (3) FS.
History — Neii,12-17-90, Amended 9-2-92, 6-2443, 2-344, 4-12-958 9-5461 2-6-97, Formerly 16T-2.008,
Amended 5-17-98, 3-31-99, 5-25-00, 3-2141, 7-30-02, 3-20431 3-3-041 4-1547.
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, 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
1 W4- 100 11:
will take into consideration the current status and progress of the project and the ability of
the applicant to complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the
amount and source of the matching funds it will be using to match the program funds
supplied by the District for an approved project. The project sponsor shall provide
suitable evidence that it has the matching funds available at the time the project
agreement is executed.
(3) Agreement Modification: All proposed changes to the project agreement must
be submitted to the District in writing by the project sponsor accompanied by a statement
of justification for the proposed changes. All project agreement amendments shall be
approved by the District Board, except that the Executive Director may approve a minor
project agreement amendment for a project within a county with the local District
commissioner's concurrence. A minor project amendment shall not change the approved
project's category nor result in a reallocation of more than 35% of the approved funding
of the project among project elements. Project agreement amendments will not include a
change to the approved project's location or a change in the approved project's purpose or
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 7-3042, hereby incorporated by reference and available
at the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic
reimbursement requests during the project period in accordance with Rule 66B-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 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.
AA94 60 1:
(c) Photograph(s) showing the installation of the sign required by Rule 66B-
2.0133 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.
Specific Authority 374:976(2) FS.
Law Implemented 374.976(1) FS.
History—New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02.
6684.011— 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 terms
of this agreement.
(5) Check Presentations: A District representative shall present the final
reimbursement check to the project sponsor during a public commission meeting or
public dedication ceremony for the project facility.
Speck 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 3-3149, 7-30-02.
604.012 — 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.
(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.
(S) Project Records: The project sponsor shall retain all records supporting project
costs for three years after either the completion of the project or the final reimbursement
payment, whichever is later, except that should any litigation, claim, or special audit arise
before the expiration of the three year period, the project sponsor shall retain all records
until the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent audit
that program funds have not been used in accordance with this rule and applicable laws,
the project sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History — New 12-1740, Formerly 16T-2.012, Amended 740-02.
66B-2.013 - Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, in a
prominent location at the completed project 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.
Specific Authority 374.976(2) FS.
Law Irnplenrented 374.976(1) FS.
History — New 12-17-90, Formerly 16T-2.013.
66B-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
EXHIBIT A
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)3
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.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005,
F.A.C., subject to the exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed
$22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in-kind construction labor; such in-kind
construction labor costs will not be counted by the District as exceeding $10.00 per hour.
No administrative costs can be incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific
Project expenses such as construction materials, plant materials, herbicides, etc. The
funding provided by the District shall not be allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees,
shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the
District and hereby incorporated by reference and available from the District office.
Specific Autlrar•ity 374.976(2) FS,
Latin Implemented 374.976(1) FS.
History — New 7-30-02, Amended 444-06.
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 4-2406), 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 $10,000.00 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 50% 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, or immediately adjacent to, the Atlantic
Intracoastal Waterway or the Okeechobee Waterway.
(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.
Specific Authority 374.976(2) FS.
Low Implemented 374.976(1) FS.
History — New 4-2446, Amended 4-1547.
EXHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
(See Rule Section 66114.005 & 2.008 for eligibility and funding_rutios)
PROJECT TITLE: Derelict Vessel Removal — Indian River County Waterways
APPLICANT:
Indian River County Board of County Commissioners
Project Elements
(Please fist the AWOR project elements and
provide a general cost break out for each one.
For Phase I Projects, please list the major
elements and products expected)
Derelict Vessel Removal
** TOTALS
Quantity Estimated Applicant's Cost
Cost
(Number and/or Footage)
Form No. 90.25 (New 10/14/921 Revised, _-0h)
nine (9)
$ 50.000
$25,000
$25,000
$25,000
$25,000
Agenda - 10 -
1 *414 V6 9031
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor: Indian River Camy
Project Title: Derelict Vessel Remval Project #: IR-07-40ER
I hereby certify that the above referenced project Sponsor, as of October 01,
200_7, 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 Ove r- N 692007
Project Liaison Name:
Project Liaison Signature:
Date: October 25, 2007
Janes Gray, Jr.
*S. 837.06 Florida Statutes, False official statements. - Whoever 1Qmwingly makes a false
statement in writing with the intent to mislead a public servant in the performance of Ids 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 SPONSOR:
PROJECT NO.:
BILLING NO.:
Amount of Assistance
All Funds Previously Requested &-
Balance Available
Funds Requested
Less Retainage (-10% unless final)
Check Amount =
Balance Available
Less Check Amount
Balance Remaining
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
Na
SCHEDULE OF EXPENDITURES
Check No. Total Applicant FIND
Vendor Name and Date Cost Cost Cost
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02)
FIND - Form No. 90-14
Page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B"j
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost
Cost
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable
for the accomplishment of the approved project and that these expenses are in accordance with
Exhibit "B" of the Project Agreement. *
Project Liaison
Date
*S. 837.06 Florida Statutes, False official statements. - Whoever Imowingly 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 MOM)
:
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance with
the Assistance Program Project Agreement between the Florida Inland Navigation District
and , dated
20 , and that all funds were expended in accordance with
Exhibit "B" and Paragraph 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 beguilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 9043
(Effective Date: 1247-90, Revised 7-30-02)
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1 -DEC 15 Dec 15 -Mar 1 ; Mar 1 -June 15
Report Due: (Dec 30) (March 15) (June 30)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS.
Form No. 95=02
(Effective Date: 7-30-02)
June 15 -Sep 1
(Sep 15)
• NII8 V WE
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2007 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2007 - First Quarterly Report Due.
MARCH 159 2008 - Second Quarterly Report Due.
JUNE 30, 2008 - Third Quarterly Report Due.
SEPTEMBER 15, 2008 - Fourth Quarterly Report Due.
DECEMBER 309 2008 -
MARCH 15, 2009 -
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
JUNE 30, 2009 - Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out papeylvork submitted by
September 1St, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 013 2009 - Closeout paperwork due.
SEPTEMBER 30, 2009 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. The appropriate timing far modifications to the project
cost estimate, Exhibit A would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant -to Paragraph 13 of
the project agreement.
EXHIBIT H