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HomeMy WebLinkAboutCSA 01CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 201h Street Vero Beach, Florida 32960 Work Authorization No: CSA — 01 (RFQ #23-06) Protect Title: North County Marine Law Enforcement Dock Facility — Vessel Security and Protection IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Professional Planning and Landscape Architect Consulting Services" Dated July 13, 2023. Description of Assignment: CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, shall (Task 1) request permit exemption from DEP, (Task 2) design and prepare engineered drawings for installation of security gate, security cameras, security lighting, boatlift and boat slip roof including necessary piles, water service, electric service, and (Task 3) provide bid and construction services. The City shall supply the Vendor with the existing electronic (CAD) survey drawing of the dock facility (submitted by the City to the Florida Inland Navigation District during the grant funding application period). The work/project will not include state environmental resource permitting (ERP) / state sovereign submerged land lease (SSSLL) per the City of Sebastian staff email correspondence with state regulatory agency staff. Therefore, ERP / SSSLL modification related work are not included in this work/project scope. The work/project will include: Task 1: DEP Permit Exmption Request for FIND Waterways Assistance Program (WAP) Grant Work — The Vendor shall prepare and submit a request to DEP for a permit exemption to perform the work described below. The Vendor shall contact the DEP and provide necessary data as requested by the DEP permit review staff to facilitate the issuance of the DEP permit exemption for FIND Waterways Assistance Program (WAP) grant related work. Task 2: Final Design Services — The Vendor shall design the docks and provide signed and sealed engineered drawings suitable for the Contractor to obtain building permits as required by the City of Sebastian. Preliminary design drawings and engineering calculations will be completed in a 24" x 36" format. The design will be in accordance with USACE standards for docking facilities. The engineered design will include lift/roof support piles and mooring piles for boat lift support and mooring, and security gate. Additionally, utilizing a professional mechanical/electric/plumbing (MEP) professional engineer subconsultant, the Vendor shall provide design of electric service and associated components including security gate lock, security cameras, security lighting, and boatlift motor. Final design drawings will be prepared upon any special conditions accepted by the OWNER. The design drawings will include technical specifications. Each phase of design will include an update Engineers Estimate of Probable Approximate Construction Costs presented in a Bid Form format. Task 3: Bid And Construction Administration Services — The City of Sebastian staff will solicit bids for the project and negotiate a contract with the marine contractor. The Vendor shall conduct an on -site pre -construction meeting with the City of Sebastian staff and the selected contractor. The Vendor shall review shop drawings and provide up to two (2) change orders if necessary. The Vendor shall conduct one (1) site observation per week for an estimated six (6) week construction period. In addition, the Vendor shall make a final site observation and submit applicable certification to identify conformance of the project to the specifications and plans. 1. Vendor's Responsibility (include estimated hours, if applicable) I Description I Task 1: DEP Permit Exemption Request I Task 2: Final Design Services I Task 3: Bid And Construction Administration Services 2. Pricing Description Quantity I Task 1: DEP Permit Exerywtion Request I 1 1 Task 2: Final Design Services 1 1 Task 3: Bid And Construction Administration Services 1 Estimated Hours I ump Sum - not applicable I ump Sum - not applicable I lump Sum - not applicable I Contracted Unit TOTALS Price Lump Sum $1,500.00 Lump Sum $9,900.00 Lump Sum $9,400.00 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 3. Deliverables Provided to the City (surveys, plans, etc.) I Description Quantity I a. Signed and Sealed Construction Design Drawing with Technical Specifications Electronic format (pd ) I b. Signed and Sealed certification of project conformance with specifications and plans. Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for CSA — 01 (RFQ #23-06) will be performed for a fee in the amount of $20,800.00. Period of Services: I Task Description Task Completion Time Task 1: DEP Permit Exemption Request 4 weeks after authorization I Task 2: Final Design Services 8 weeks after authorization I Task 3: Bid And Construction Administration Services Dependent upon City bid process and selected Contractor AGREED: t'L4.zQol. ; \,�_,Date: 01/05/24 Denise M. Boehning / President CoastalWide LLC Attes Jette Williams, M C, City Clerk CIkSTIAN: Date: n-an Be n City Manager Approved as to Forth and Content for Reliance by the City of Sebastian only: Jen er Cockcroft, City Attomay FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR-SE-23-74 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 6-ti, day of /voter-+ 20Z�-3 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Sebastian, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the North County Marine Law Enforcement Facility Dock., Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Any modifications to the PROJECT'S scone of work shall reouire written advance notice and, iustification from the PROJECT SPONSOR and the prior written annroval of the DISTRICT.. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2025 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2026. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2025, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 3. a.ANCE�M(IUi - The DISTRICT shall contribute "ASSISTANCE AMOUNT') no more than fi,,,�fl percent l ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for ooaipletion ofthis PROJECT ("PROJECT AMOUNT'). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT) will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A. Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $ 50JP.00 . AM modifications to the PRO A) AM re.aWre written �b= notige and iusfflcatiqg_ftV, the MQTg f T SPONSOR and the VIL rvaft aa_ +oval QLft DUCT. 4. MA►TCRNG FtWW - The PROJECT SPONSOR warrants and LF that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and doll, prior to the execution of this AGREUG NT, have provided the DISTRICT with suitable evidence ofdw a ' ' 'ty of such funds using the DISTRICT's Form #95-01 (ExhY'bit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, ftancial statements, and bank statements. 5. PROJECT f:OM - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable duado. PROJECT COSTS ate generally described in Exhibit B. Chapter 66B-2, F.A.C.. PROJECT COSTS must be incu md, and work perfornted within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are ,also eligible for reunbur9ea-ent by the DISTRICT. If the PROJECT SPONSOR receives additional loading for the PROJECT COSTS from another source that was not ides in the original application and that changes the AGREEMENT MATCHING PERCENTAGE, the PROJECT SPONSOR shall p-- wtionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PR&AGRFYAffXr COOS, - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shell be no reitnbiaseznent of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this AGREEMENT unless previously 2 delineated in Exhibit A. consistent with Exhibit B, o d previously approved by the DISTRICT Board during the grant review process. 7. Is MMURSEA�RNT PROCEDITM - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Forth (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 shell be borne by the PROJECT SPONSOR. Project funds may be released in 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 (1096) of each installment payment until the completion of the PROJECT. The following costs, if suthorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, won, and design, permitting, planning, engineerintg. and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve fiuther DISTRICT fiutding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8.►L RRVffl1fflAJ- The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for fuzal reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of aphotograph of the PROJECT showing the sign required by Section 18, and (5) aFinnal Project Report as described in Exhibit 0. Assistance Project Schedule. As part of the documetrtiteon 3 accompanying the request for Snag reunbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects, and surveyors with wham PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER) to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public conomission meeting or public deditxition ceremony for the PROJECT. 9. RECORDS ,.0 ENTION - 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. DRFA►ULT AND Wt�DIE�S — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. Ifthe PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the fitll amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15,17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, order, or other equitable remedy with respect to such a breach, the DISTRICT was required to demonstrate that it would suffer irreparable harm. The parties therefore intend that ifthe PROJECT SPONSOR breaches one or more of its obligations under Sections 15,17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific perfornnaace and injunctive relie& and for purposes of determining whether to grant an equitable 4 remedy any court will assume that the breach would cause the DISTRICT ineparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICTs Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SWKSOR'S LUISON .4G� - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. WTUS ItE r R.TS,- The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports ere to be on Form ##95-02 (Exhibit F. Assistance Program Project Quarterly Status Report). Project design drawings, eagin+eering drawings, and a copy of the Project bid award constmetion 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, Assistance Project Schedule, may result in revocation of this AGREE. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT ficilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NUN-D RDUNA1= - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public of DISTRICT member counties without regard to age, sex, race, physical handicap, or other condition. and without regard to residency of the user in another political subdivision. 16. PARKING FACIUL x A" -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION -- FOR LAND -BASED DEVELOPS PROJECTS The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use 5 ..-iv1C for which the PROJECT was intended for a minimum period of thirty (35) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, man-getaent AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ,A.CNNOWLEUGN MT —For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICTs staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit M unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICTs participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT stall s recommendations. 19. PRMTECT NUE14TMANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance withapplicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasanably repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be r+essonabie and the some for the general public of all member counties. The PROJECT SPONSOR must demonstir 0 that a minimum of fiifly percent (500/6) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated useful life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN MWUNffY - Each party hereto agrees that it shall be solely responsible for the wrongilrl acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 76M. Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its 6 employees, commissioners, and agents are solely providing fiucding assistance for the PROJECT and are not involved in the design, construction, operation, or maintenance of the PROJECT. 22. R SPWUOM • The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND A - The rights and duties arising under this AGREEMENT shall inure to the benefit ofand be binding upon the parties hereto and their respec dve suocesgors and assigns, and shall, unless the context clearly requires otherwise, survive completion ofthe PROJECT. The PROJECT SPONSOR may not assign this AGREEMIM nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WATVFM - Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. O CE - 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 snail, return receipt mqu 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: City of Sebastian Attention: CRA Manager, 1225 Again Street Sebastian, FL 32958 26. NO JOINT VENITUR - The DISTRICTs role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. CxOVFJtN]NG LAN - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 28. . TRANSI V0 CE - 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 VJ SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29, 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. FLORIDA 7INLNAV A ION DISTRICT Bytivctor Date: City of Sebastian By: / Aria Cton Title: City Manager Date: /J d6Jaaa3 Exhibit A PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2023 aq-Q Rulg fiction LbE-2.2U & 2.M JQr le iaibifLy and fun -ding ratios) Project Title: NORTH COUNTY MARINE LAW ENFORCEMENT FACILITY Applicant: I ICITY OF SEBASTIAN POLICE DEPARTMENT Project Elements [Please list the MAJOR project elements Total Estimated Applicant's and provide general costs for each one. Cost Cost For Phase I Projects, please list the major (To the nearest $50) elements and products expected) Boat lifts with reof/covering 360,000.00 Dock box and can (55000.00 Pressure washer 660.00 f%Vater extension (well in park) $2500.00 f i11cetric extension (box at Pier entrance) �I UZI6.60 IMarine lights )$2600.00 I f�l 1.Sccunty gate and loci: for dock i10,000.00 ISecuriiy cameras IS6800.60 Lsirnagc 675 1 - "TOTALS = - 1$ loo,000.00 Form No. 90-25 (New 10,14192, Revised 04-24.06) l$50,000.00 FIND Cost (To the nearest $501 1$ 50,000.00 Exhibit B 2023 CHAPTER 66B-2 WATERWAYS ASSISTANCE PROGRAM 660-2.001 Purpose 66B-1002 Forms 66B-2AM Definidons 66 3-2.004 Policy 66B-2MS Fonds Allocation 66B-2.006 Application Process 66B-2M I Emagency Applications 668-2.Q08 Project Eligibilhy 668-2.R09 ftieat Administration 66B-2A11 Reimbw,setr�eat 66B-2.012 Aamuntability 66B-2A13 Admowledgenent 66B-2A14 Small4ftle Spoil Island ItMwation and Projects 668-2.015 Small -Scale Derelict Vessel Removal Project 668-2.016 Waterways Cleanup Events Rareognizieg the importance sad benefits of inland navigation channels and waterways, as well as noting problems associated with the eonstsuciion, continued maintenance and use of these waterways, the Florida Legislature created Section 374376, F.S. This law authorizes and empowers each Inland navigation district to undertake programs Intended to alleviate the problems associated with Its waterways. The purpose ,of this rule is to set forth the District's policy and procedures for the impiententstlon of an assistance program under Secdon 374.976, F.S., for local governments, member counties and uavWon related disWm within do District This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Pmpm. Ruk"AftA96r y►374 976(2) FS Las+laWknmted 374.9760) FS Hhwrp4ew 12-17-0. Fonner&16T-�M1. 668-2A82 Forms. All forms Ibr the a I---h tiration of this'o , '50-�:m are available Rtom the District office located at 1314 Marcinski Road. Jupiter; Florida 33477. Ruled AudwdV 374.976(2) F& Low lmpleawNed 374.976(1) F& fl4tarp-New 12-17-94 Formerly 16T-2.Q42. The basic terms utilized In this rub are defined as follows: (1) "APPLICANT" means an eligible govenhraehttal agency " an application througb this program. (2) "APPLICATION' means a project dal with the ralukod docamantation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for sabmiding appl %, � �%to the District (4) "BEACH RENOURISHMBNT" means the placement of sand on a beach for the nourldanard, ratourishraent or restoration of a beach. (5) "BOARD" means the Board ofCommissioners, ommissioners ofthe Florida Inland Navigation District (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" mom member co:mtles, local governments and awAgation related districts within the texins boundaries ofthe Dlstrlat. (8) "ENVIRONMENTAL PERMITS" means those permit% proprietary authorizations, camptlort% or general permits for construction below mean high water lint of a navigable wdav* y required and Issued by or on behalf of the U.S. Amoy Corps of F.asineers, the Florida Department of Eavito=ental Protecdon, and the South Florida or the St. Johns RNw Water Maaaganent Districts or their successors. (9) "EXECUTIVE DIRECTOR!* means the Executive Director ofdm Florida inland Navigation District. (10) "LIAISON AGENT" means the contact perm ofiieddly designated to act on behalf of the applicant or the project sponsor. (l 1) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a syatematic arrangement ofelmects specifically formulated to Identify, evaluate and promote the benefits of eligible waterway accessibility and a ayamt, with consideration and respect to the physical, environmental and economic pm= ders of the planning area, (13) "MATCHING FUNW means those funds provided by the local sponsor to the project (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flegler. Vohrsk. Brevard, Indian River, St Lude, Martin, Palm Beach, Bsoward and MiamlZade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or my other agency having legally authortaed navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have ocexurncd prior to the execution of the prcdeet agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the temps ofthe project agreement (19) "PROJECT' means a planned undertaking consisting of eligible program facilitim improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project spansce setting faith mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity,, expense, replacement, atjustratt or repair taken to retain a project or grant item in a savieeable, operational or normal condition. m the reautiue efforts and,.., j, w, necessary to restore it to serviceable or normal eendidon, including the routine reaming work required to keep the project or grant item In such condition that it may be ootttinuously used at its original or designed capacity and ediicicacy fbr its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the wee of the Project and compliance with the project ag amenrt. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and chuged to the Amded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program fhns pursuant to an approved application. (25) "PUBLIC BUILDING" memos a building or ihcility on government owned property that is owned or operated by a goverracnexrtal artity, or operated by a third party ape rator. The building or facility must provide waterway related information. public meeting space, or educational services and be opera to meunbas ofthe public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership. stock ownership, or differential In price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" uncaps any publicly owned area 4f 6 JiF.,* designed to be used for staging, launching, or of%loading by commercial or industrial waterway users on a first creme:. first served, short -tam basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's 116h , nr J users. (28) "WATERWAYS" mum the Atlantic Intracoastal Waterwvgy, the Okeechobee Wetwww►ay, the Barge Canal in Bmvwd County west of the Port Canaveral Locks, those pardons of the Dania Cat -Off Canal and tit$ Hillsboro Canal east of the water control struetecres, all navigable natural corers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks. fkw% bays or lagoons entering or attending from said waterways. (29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the Warner. develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires kmrwle dge about the terdmsocial, cultural, political, and economic relatiorEship.s occurring In waterway related environmental Issuers; and, becomes madvated to apply action strategies to maintain balance between quality of life and quality of the environment ofwaterways. Rerlamffkfng Aatrhortty 374.976M FS. law lmpleammed 374.976(1) Fx Hhor.. -New 12.17-90. Amoded 9-2-92. 2.6-97. Fount * 16T-2.003. AM9OA*d5-17-98. 3 21-01. i 2"3. M-N. 4-21-0. 4-24-0d. 4-15.07. 3.25-M. 3-7.11. 3-25.21. 66B-2.004 Polley. no ibilowing constitutes the policy ofth District regarding the administration ofth program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible govemmeshtal agencies for approved projects as foilows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition development, . o,, 4 , , rex1—truction, extension, improvement, operation or the maintenance of public navigatim local and mend anchorage management, beach renoudsihment, public recreation, inlet ma e;mett, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible tosd govemments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renaudshment, public recreation, inlet managesnemt. environmental education, and boating safety projects directly related to the ems. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisidon of dredge material management sites if the Board finds that the site is required for the long-raup maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a tong -range dredge material manontent plan for that county. Navigation related districts may also be provided with assistance for watery V related access projects, environmental midgedoo projects ,1:.1,.:' , �: a with waterway improvement related eadvities, and Met management projects if the Board fords that the project betefits public navigation In the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching fiends to any District financial assistance provided. Seaports may also be furnished assistance and support In planning and carrying out environmental mitigation,,, � All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching fiends for iwnded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities. Including those In manmade. navigable waterways contiguous to "waterways" as defined in Rule 6613-2A03, F.A.C. (2) Notification: The District will notify by direct mail, emall and/or advertised public notice all eligible govemhnental agencies of the program and the upcoming authorized submission period. (3) Project Approvah Approval of projects by the District shall be in accordance with these rules. (4) Project AeeessibIW. Facilities or programs handed 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 heard to race, color, religion, age. sex or similar condition. Additionally, facilities Rmded 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 tees may be charged for the use of facilities funded in whole or In part by program funds, however such feet shall be reasonable and shall be the some for the general public of all of the member counties. (5) Waterway Impacts: All development projects most 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 safeety purposes. Before applying br boating speed Zane designation In District waterways because of a project funded by this program, the sponsor shall fiat receive approval firm the Board. The Board will use the criteria found In Section 327.46(1), F.S., in determining whether to approve the :1 boating speed zone. (6) Project Maintenance: The project sponsor shall be le for the operation, nainteltan0e. and management of the project fbr the anticipated life of the project and shall be responsible fbr all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintarance for other similar local faclities and in accordance with applicable health stanndardL 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 abUity to operate and maintain the project facilities. (7) Education Facilities and Programs: Wamvvays related eavirchmertal education Mlides and pro$rama sponsored by der District shall occur at specially designated ettvironmerital education facilities located a4ec W and contiguous to the waterways, it is the: District's intent to consolidate Its environmental education efforts in the least number of facilities within an area that will ada uaftly serve the education needs ofthat area of the District. (8) Public Information Availability: Public inhanation produced with assistance from this program shall not be eopydgMW and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight. at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. t 10) Non-compliance: The District shall terminate a project agreement and demand return of program Rinds 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. 01) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient hands for the on -going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as pare of any subsequent assistance program application to the District. Ralemaking .ladioriV 37.1.976(211-5. l air Implemented 37.1.976M. (2) E.S. Niston. — eir 12-17-90..4meitded 2-3-9a. 2-6-97. F'ormerb-16T-204. Ametrdecl5-18-98.3-31-99.3-23-111).3.21-01.7-3"2.3-3-04.4-21-03.44-09.2-21_10.3-7-11.3-7_J 1-27-14.2-17-15. 66B-2.00S Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies. rascal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. if hands are determined to be available for the program. the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: htto:tivnv%.flrules.orm/Catewav/referetice.asn"No=Ref 03568. and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other rascal 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 668-2.005(6). F.A.C.. land acquisition projects in accordance with subsection 6613-2.0030). and Rule 666-2.008. F.A.C. small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 668-2.014. F.A.C., derelict vessel projects consistent with Rule 6613-2.001 S. F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016. F.A.C.. and projects approved in counties recovering from a state of emergency. Applicant's in-house costs are limited pursuant to paragraph 668-2.008(1 Kc). F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (500A) 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 668-2.008. F.A.C.. and occur within the fiscal year of the grant application submission (October Ist to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi -year projects, will be limited to fitly (SO) 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 expetses wH1 be eligible for reithebursement funding from the District, except for projects approved by the Board as multi -year prof, ,.6. The Board shalt consider a waiver ofthe limitation on pre -agreement expenses for Small-scale Derelict Vessel grants and land acquisition projects when to applicant demonstrates a direct need and benefit and the project is in acconl nhae with the applicable provisions of Chapter d613-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, Involve multiple phases, have a construction time 1lne of one year or longer, or are requesting a significant anent of assistance funding in relation to the toted assistance available for the county whore the project is touted, will be reviewed and approved by the District Board fbr a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The det aination by the Board to provide assistance futnding on a multi -year basis can be made at any dme during the application review process. All approved multi-yiron projects are limited to a maximum oftwo (2) additional fitudhng requests. (S) Inlet Mkt and Beach RenouxisluranhC Projects and project elements In the ,las of Into management and beads renoudshment shall be subject to die following provisions. The District shall eomtribate no more than fifty percent of the local shade ofthe cost ofthe project. The District "I not contribute funding to both the state and local shares of an inlet management or beach renouishment project. Funding for the construction phase ofan Inlet mamegemeet or beach renoarishment 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 Nlaetagement: Inlet management projects stall 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. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to public navigation in the District. 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 Renomishment: All projects in shall be consistent with the statewide beach management plan. Beach renourishatent projects shall only Include those beaches that have been adversely impacted by navigation Inlets, navigation structures, navigation dredging, or a navigation prefect. Prior to funding shy beach r+enourishment project, the Bored shall make a finding that the beaches to be nourished have been adversly Impacted by navigadon inlets, navigation stncctures, navigation dredging or a navigation project. The determination of beach areas that are adversely imp by navigation for the purposes of this program shall be made by Departnneut of Environmental Protection approved Inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available In accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements In the category of public navigation that will qualify for up to seventy-five pe:Icent (75%) program limds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation chaeuiel access to two or mom publicly accessible launching, mooring or docking &ailides. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been Identified and is in the process of; or has been controlled, or that the frequency and amount of shoaling Is such that dredging will provide an Improvement to the channel that will last for twenty (20) years or more and tharafore Is more cost eve 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 marimrs must be located on primary or se:ondwy public navigation channels. Navigation projects or project dements that have one facility open to the public will qualify for up to fifty percent (50%) p o,&,„. firm ing. Dredging that is associated or ancillary to another use (such as a boat ramp. tsarina or pier) will be prioritized according to the associated use. (7) Land Acquisition: land acquisition projects shall qualify for a maximum of fifty (50) percent funding. Au pre-�C6 4 �,-,t expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal site, all Amded land acquisition projects must construct the required boating aroess facility within 7 yeas of completion of the Ind acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a dedw ation of covenants in favor of the District stating that if the required boating access facility Is not constructed within 7 years anted dedicated for the public an as a boating access facility In perpetuity after completion ofeonstruction, the District shag requite the applicant to refund the program funding. (8) Seaport Funding Eligibility: Financial assistice to seaports may exceed the proportional share of the DlstdeNs ad valorem tax collections as set forth in subsection 6613 2.005(l ), F.A.C., from the county In which such seaport is located if the seaport can do monstrate that a regional berth occurs from the pouts activities. Financial „�� ���, .. to a seaport project that d rates a regional benefit shall not exceed an apt equal to (i) the proportional share ofthe District's ad valorem tax collection as set forth In s "r - n 6613-2.0050), FA.C., Arom the eoundes where the benfit is desnonsdated less (i) finding allocated in the am fiscal year to all other local government projects fintded In those counties. ,r, lw p p, °,t Tg Audlrorfry 374.976(2) F& law lmpfartenred 374.97d(1). M)1 & HISM7 OW 12-17-90. Amended 6.24-9A 9-5466 2497. Foraoerfy 16T-ZW5. AartrrMS-17-94 846.99. 3-21-01. M"2. 2.3-0. 4,21-0. 4-24.M. 4-15-07. 3-25.08. 4-10.3-7-11. 3-7-1Z 4.10.19.1-27.14. 3- M14 3-25 21. 66B-2.006 Appilradoa Proeess. (1) Application Period: With the exception ofelhgible Disaster Relief P%jects, eligible Small -Scale Spoil Island Restoretlan and Eaho M �,. Protects eligible Small4cale Da dict Vend Applications and Waterway � ',a. ^ 4 l Events, 81l 8pp"'° hR, �� for Oertek—Ino through this pr+ogrem will be submitted during the authorised submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Fors: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number W22 (effective date 4-2"6) and the Waterway Assistance Program Application and Evaluation Workshed No. 91-25 and 91 2S (A) through (F) (effe cdve date 112014) we hereby incorporated by reference and available Barn the District office. With the a eptian of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, thr Small -Scale De d et Vessel program, and eligible Waterway Cleanup Events, all applications for financial arle , � - * and support through this program from member cotmdes and local gefvemtrana shall be made on Form Number FIND W22 and the Waterway AzLitam Program Project Application and Evaluation Waftheet No. 91-25 and 91-25 (A) through (P) and shall Include a detailed cost estimate r -1Jk ,",,° s A on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Esdindr~ (ef kilve date 4- 24.06L haft incorporated by reference and available frmn the District office. In addition, all applicants shall submit a complete and detalled Project Timeline (FIND FORM No. 96-10) (dkcdve date 4-1547). (3) Sponsor Resolution: The project sponsor shall approve tea - � � - " n of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-219 Resolution for P,40,,.1.,1b* Under the Florida Inland Navigation District Watwwgys P Program (drective date 10-14-M hereby Incorporated by reference and available from the District office. (4) Attorney's Carta ion: If the application Is for a project that its a land based development project die applicant shall submit an Attorney's Certification of Tide, FIND Form Number 94-26 (effective date S-2S-00). hereby incorporated by afactce and available from the District office. (S) Maps and Geographic Information: All applicants shall be required to submi4 at minimum, the following geographic h finuadon: A County location map, a project location map, a protect boundary map, and a clear and detailed she development map for land dcvelapntent projects. (6) Application Review: Applies is shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to sulunitting the application to the District of hoe. It Is the applicant's responlbility to make timely anahigements for the local FIND cwnmissionces review. In the absence of m-,*—taring circumstances outside of the applicant's control as determined by the Board of Commissioners. an application shell not be considered complete If it does not include the local FIND commissioner's initials on Form No. 90 26. Upon receipt In the District office, staff will review the applications for cormp'***ww*v of the informational requiremeeets Identified In the Application Clhecklist, FIND Form Number 90-26 (effective date 7-30-02} and for compliance with the eligibility regidremeats of this nde. When an application its determined by staff to be Incomplete or Ineligible:, staff will Immediately haform the applicant by mall. The applicant will then have until the date established by the Board in the application padcap to bring the application imw compliance. If die applicant fails to provide a complete applicanw in eomplim= with time rules, the application will not be considered for firthdin& in order to have a - r ; �� R application, the applicant shall ad only submit the forms required under Rule 66B-2.006, F.A.C., and any other ten on regiurements Identified In the Application Checklist. (FIND Form Number 90-261 but snob forms and other submitted information must be completely filled out. executed as applicable. and also establish compliance with Chapter 66B-20 FA.C. Cn Interrlaml Agreements: Applications that the Board determines will directly benefit the maintenance of rho Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material man eat plan% will directly benefit the Maintenance of the W. M O.,,J. a Waterway channel as documented by the District's long range dredged material management }pll�a�n,�will directly benefit the maintenance or Imprmomentt of Di}s�d property, right-of-way or project ice, or have multiple f1mling Inclu ng tie Cups of Englocers a do pR* manager am qua � r."�i 74141$41i � 0 " - r throuOan inteclocal agreement pumse n to Chapter 163 or Section 374A4(dM F.S. District staff Will identify these applied1ons and present them to the Dowd for their determination as to fbndin& Interlocral $gteement projects shall comply with all other provisions of this rule, except for teat expenses, permitting and property control requirements. (8) Application Presm adonsr Applications determined to be complete and in compliance with this rule will be fohwarded to tie Board far review and their scheduled flu presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following die. the Board will review the applications mid evaluate them using tlse Waterways AsdsW= Program Application and Evaluation Worm No. 91-25 (A) duougb (F) fort Waterways R VOA+-,.- p apples. The total points awarded to each application by the �' ^,r r , r 4r will be averaged to den e a e an application's final rafts score. The f al rating score far each application must equal or exceed 35 points for tie application to be cwrsiderW fbr fihnding aa0p6m.. a Reconsideration of any application with a final ratlag score of less than 35 points will only occur If the majodlty of tie Commissioners evaluating the project hated 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 6611-2.0061. F.A.G., "Disaster Relief Appticatians." shall complete FIND Form No. 91-25F Emery Re4otstruction (dibcdve date 4-2446, U2014). (I0) Funding De::arnituation: The Board will hold a fitnding allocation meeting at which time the Board will determine the allocation of fin uk ff any, the each project and the projects will be ranked by overall average score to fesilitate final fimdmg ', *,re, ° by due Board. 11,�-,,, will be based In part upon tie cumulative score ofthe applications as calms f m, the Project EvaluWon and Rating Form. Allocations will also be based upon tie specific needs oftie hrdividtel counties. RdemaLWS Au t dty 374.976(2) FS Low Implmcmd 374.976(1) FS ffftwWm 12-1740. Amended 92-92. 624-93. 4-12-95, Fomer& 16T- 2.006, Amended525-00. 3 21-01. 7-3"2. 3-20-03. 4-21-05. 424-K 4.15.07. 325-M 3-7-11.1-27-14. 66B-2AO61 Dhastw Relief Applfeatlosm Disaster Relief applications may be submitted to the District and considered by tie Board at any time during the year to provide -*Ore to an eligible applicant fbr tie removal of aavigstion obstructions s and repair or replace rent of waterway fbciliHes damaged by a declared uaturW Atv-pa°- Applicants for D4*e# - Relief shall medic Same forms listed in 66B-2.006(2), F.A.C. The District shallr, r s'der these applicadons in accordance with these ndes. Ralamaft Autlmrl4+ 374.976(2) FS Low Imp/emend 374.976(1) FS Hlsm7"Vew 6-2"J Anoubd 2.6.97. Fmm&-& 16T-20061, Aaretafed 4-24-M. MS-21. 668-2.008 "ect Ems. (1) Eligible Projects and support through this program shall be used to plan or carry out public navigation and anchorage manogetrient, public recreation, eavlr l educationg boating safety, acquisition and deve[opaheat of spell sites and publicly owned conuncrclallbah atrial wataway access dbc* related to the waterways, acquisition and development ofpublic boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, envtranmattal mitigation and beach reaourislumeM. (a) Program finds may be used for projects such as acquisition, planning, development construction, reconstruction, extension, or improvement, of tine 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 ofthe Board. The priority List will be distributed to applicants with the project application. 1. Public navigation channel dredging, 2. Public aavigWon aids and markers, 3. Into mmgpmest projwb that are a benefit to public navigation In the District, 4. Public shoreline stsbiftstlon directly benefiting the District's waterway ,-*-,, � � , 0, •1,1., S. Acquisition and development ofpublldy owned spoil disposal she and public commerdallindustrial waterway access, 6. Waterway signs and buoys for soft regulation or information, 7.1, - ; ° 'long dredging, shoreline stabilization and de velopment of public boat ramps and launching & Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring f tccilides, 9. Der+etict Vessel Removal, 10. Waterwayys related environmental education programs and facilities, 11. Public flshhg and viewing plers, 12. Public wdwfivnt parks and boardwalks and associated tmprovexneunts, 13. Maritime 1 o 1t Planning, 14. Waterways boating safety programs and egalp 15. Beach retocarishmeat on beaches adversely impacted by navigation inlets, navigation struct<u+es, uaviption dredging, or a navigation project; and, Id. Enviraturmw restoration, or midgation projects; aZ�, 17. Odu r waterway rehftd prajeds. Waterway projects that do not meet specifta criteria in , ° ° �� . 4 5� � , � 668-2 WRS) or (6) or sum 668-2.008(lXa)l.-16.9 F.A.C., but are located on eligible waterways shall be considered for fading under the prioft listing of"odeecwworwgy related proja r and dWe liar 25%heading. (b) Ineligtbte Projects or Project Elements. Project costs Ineligible for program fimdiag or matching funds will Include: eontlaggacies, al'4.. h'p,I. ,I.9,1 , reoccurring pommel related casts. Irrigation equipment, ball -courts, parts and playgaenmd equipment, and any extraneous recreational, ' ,.. A1�t 1.4, not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Ratrooms for non -waterway users, 3. Roadwap providing access to non -waterway users, 4. Parking areas tar non-wat raW users, S. Utilities for non -waterway related facilities, 6. Lighting for non -Waterway related ihdlides, 7. Project maintenance and maintenance equipment, 8. Picnic shelters and furniture for non -waterway related 9. Vehicles to transport veaft and, 10. Operational itiems such as heel, oil. etc. I I. Office space diet is not incidental and to the operation ofthe main eligible public buihOM and, 12. Conceptual project ptamring, including: public surveys, opinion polls. public 71.) ar Tonal cornfereaves; and, 13.Inletf-r,�",",%-,,:, %-A (e) Project Elements with Eligibility Limits: Subject to approval by the Board of an F y, '. expense list: 1. The following project costs will be eligible for program fimft or as matching funding If they are performed by an indelmdent contractor: a. Project rnadministration and insp wilon, b. Design, permitting, planning, engineering or surveying costs for completed construction project, c. Restoration ofsites disturbed during the cosst udlon ofan approved proJeet, d. Equipment costs. Before reimbursemcut is made by the District on any of the costs listed in subparagraph 1., above, a construction contract fbr the project approved and °^ 12 • .0 0 by the project wand project contractor must be submitted to the District. 2. Marine Rwf#g L&S Main law enforcement and other vessels are: eligible fbr a mwdmum of $100,= In initial District fumdlrq . All figure tWeAn'EOM'' and maintenance costs of the vessel and relented equipment will be the responsibility of the applicant. 3. WaUerway r+ehatod arvironmental education f aby finding will be limited to those proa:t dements directly related to the District's waterways. (d) Phasing of Projects: Applies for eligible waterway projects may be submitted as a phased project where lie 1 will include the design, er%Awerh* and permitting elements and Phase II will Include the construction of the project. A description and cost .,,, -- ' R ofthe Phase If work shall be submitted along with the Phase i application far Board review. (2) Property Control: The site of a new proposed hm&based development project„ with the exception of those projects requesting Small -Scale Spoil Island Restorations and ---I - W ennent finding, shall be dedicated for the public use for which the project was Intended for a minimum period of 35 years after project completion. Such dedication shall be In the form of a deal, 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 re hernent also applies to a project site owned by another goverrumestal endly. The governmaetal en* that owns the project site may be jolned as a co -applicant to meet this propel► cWtrol went. Existing land based development projects that are being repaired, replaced or modified must demonstrate that lice project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication documeent. Properly 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 fbcrntal dedication) In a pit or map recorded prier to 1940, or (b) The project sponnsor dermoastrates that it has had acdusive control over the property far the public use for which the project Is intended for a period ofat Ieast30 years prior to submission ofthe application, or (e) There is no ongoing litigation challenging flee dedpated use ofthe property as shown on the prat or map, sear has there been any judlelal determinatlon contrary to the use by the public for the use shown on the plat or asap. (3) Permits: The project sponsor is responsible tbr obt &ft and &biding by any and all federal, state and local permits, laws, proprietary authorizctioas and regulations In the developueatt and operation ofthe project. Applicants for construction projects that Include elements that require state or feederd environmental permits or proprietary sudnorizeuions will demonstrate that all required environmental permitting and autinarizelfoees will be completed by the third Monday in September. This demoted n will be by submission ofthe required environmental permit(s) and emthorizations, or by submission of a letter from the agency(s) stating that a permit or authorizatiton is not required. Failure to lonely submit the required enviroaanerntal permits and enutharltmtious or letters stating such permits or authorizWoets we not required shall rmlt In the application not being considered for hunting. (4) Public Marina Qetali8eatiems: AU public marina projects hounded through this program shaU include sewap but thcll m* for vessels, unless the applicant can d that Irmladon of sub a fieehlity Is physically, opaatioaaUy or CCOROMIWY impracticable. All public marina projects fhmded trough this program shall hmve at least ten percent (10%) of their slips or moarinng areas available for transient vessels. Public marina dockage rates shall be within market oampaison ofthe docimp rates of odw area marleas. The public marina will be required to establish and maintain an -- -, unting ofthe fiends for the ibeility and shall plan for and retain at all times sufficient funds for the on-oing _, -, � V - r ofthe fbeflity during Its project life. (S) The District may assist eligible local governments with efforts to prepare and Implement a eon- maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while Ident Wrig and priorhiraing the waterway access needs of the community. The plan should not duplicate any existing or onping efforss fbr the some waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime: needs of the community. (a) Existing plans may be updated at reasonable Intervals or amended to include waterway areas previously not included In the original effort. Public6 governmeat, awironmental, Industry and other pertinent iaterest groups shall be solicited and included fbr Input In the planning puss. (b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysts and forecast for the madthtce need ofthe community, and shall Indude, at minimum, the following: . 1. Public boat ramp and ramp parking 'y and 2. Public mooring and doedeing fhdlity analysis, Including day dodks and transient slips. 3. Commercial and weaning waterfront ldentifthon and needs analysis. 4. The IdaWfccatlo% location, condition and analysis of existing and potential navigation dmn-Ic- S. An Inve mmy and assessment of aooessible public shorelines. 6. Public Waterway transportation neends. 7. Environmental conditions that affiect boat facility sift a euuraat resource inventory survey. and restoration oppor —44P S. Economic conditions deg the boating oommunity and boating 4-11r ;-r 9. Acknowledgment and coordination with existing data and Information, Including an r°M � ! 1 on the Inauciastal Waterway. (c) Projects r: t W 1 A for :41,11A. - - 0 7 program f g shall be • ,10 �:A4, � � 110 � with the applicant's maritime managonnent plan. The applicant should utilize the plan to assist In pdot tizing waterway improvement projexs. (6) All elleble emriroetmcntel restoration, enhant ement or mitigation projects as well as the eavironmexdal federation. enheneem 1 r or mitigation components of other types of projects shall be required to pursue and assign any available mhtigatienn credits to the Dbb t for that share of the project funded through the Diswiat's Assistance Progeana. All eligible environmental restoration, of mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific pr cct costs. kdwa ft Authors W 374.976M F'S. Low lmpilmented 374.976(!j ) FS Nhwy-,* s►12-17-9Q, .l x aaW 99-2 9Z 6.24-93.2-3-94, 4-12-95. 9- J-ft 24-97. Fanngr6? 16M.W& A,aen"M7-94 3.31-99.5-2$44 3-21-01. 7-N-QZ 3-2MX 3-3-04. 4.13.07. 3 2549 "49. 2 22-10.3-7- 11. 3-7-12.1-27-14. 2-17-13. 2-21-16. 3-25-21. 3-M "B-2A09 Project Admi�tratioa. The District will appoint a project manager who shall be mgxn sible for monitoring tie project and the project agreement. The Project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a Unison agent who will be a member of the eligible appllcaats staff. to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as fbilows: (1) Project Agr-----*010 For each funded project. the District and due project mach will eater h o a project fit. The project agreement shall be rV P a • , * -A' and retiuftned by the project sponsor within six (6) months of the approval ofthe project funding and prior to the release of program ice, setting forth the mutual obligations of do parties concerning the projcct. 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 fbr a one -rear extension of flmding shall nxpdm 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 , - 4-4 A lM red by the DiSTRICf Board. whose decision shall be final. in review of these requests. the Board will take into considetatimt die cured status and progress of the project and the ability of the applicant to �,.,. the predect within orte additional year. (2) Matching Funk The project sponsor shall clearly identify and ammerate the amount and source of the matching fiords it will be using to match to program funds &Wiled by the District fbr an approved project. The project spaum shall provide suitable evidence that it has the matching funds available at the time the project agreement is No P % • � � ,12 (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor aco--gmded 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 eounW with the heal District commiasiorhor's coshcur-mc'o. A minor project ammuhment shall not cbaage the approved prgeWs category, result its a reallocation of more than 33% of die approved funding of the project among project J 2,1 b. 41r nor allow for a gredw than 35% cuaage in the project sede or scope of work. Project agreement am 4-, -- �- will not include a dump to fire approved prvjeces location or a change In the approved praject's purpose or project type. Agreed changes aball be evidenced by a formal arneadment 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 d nee the last report, problems encountered, percentage of project eompledon 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 9542, "Assistance Program Project Quarterly Status Report." dated 7-3"Z hereby incorporated by reference and Mailable at the District office. A Final Projecx Report shall be submitted at the completion of the project and shall at minimum project summary, photo of oompleted project, final cost, project benefits to the waterway and location address. (3) Rclm1 1r 1ea1 Requests: The bison agent may submit periodic reimbursement requests during the project period in accordance with Rule 663.2A11. F.A.C. The project manager will approve or disapprove all r+chfiburset requests. The find payment of program fiords 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) Pmjm Completion: The project shall be comoded within three (3) years of the date of the big of the District's first fiscal year for which the project was approved. if die completion of a projex Is impeded by a declared state of emergency and the Board waives this rule section. the,-- - � � � 10 - - oftime granted shall not exceed one addmorml three (3) year period. (8) Project Completion Requiremaats: Upon completion of die project. the liaison agent shall provide the following to the project manager. (a) A Project Completion Certificate. FIND Form No. 90-13 (effective date 7-30-021 hereby incorporated by reference and available from the Dfatrfct office, which cerdfles that die project was completed In accordance with the project agreement and the final project Plana. (b) A final i elmb arsement request accompanied by all required billing -M and vouchers. (c) Phatograpi(s) showing the itsstalladou of the sign required by We 66B-2.013, P.A.C. (d) Photagre; I(s) of the eempletod project clearly skewing the program Improves. (9) Project Completion Review. The project .,,, � 0'.i . , will review the project oomph package and will aatthoi'ize or erect die finch reitnbwsentent payment which will kwhWe all retained Rmds flue previous requests. Rakwaktng AudadW 374.97di2) FS law lmpkm=Nd 374.9760) FS. R New 12-17-K Formerly 16T-3' M. Aixo ded 3-21-01. 7-3"Z 3-7-11.1-27-14. 3 -0? 1. 66B-2.011 Relmbursement. Tice District shall release program Au ds In accordance with the terms and conditions set Muth In the project agreement. This release of flmds shall been a rehnbursement only basis. The District shall reimburse the project sponsor fbr project costs expended on the project In accordance with the project agreement: Project fihuds to be relmbtus :1 will require tie uftdssian of a Reimbursemat Request Form and required supporting dommeats, FIND Form No. 90-14 (effective date 7-30-02) hereby It r ; 0 qN,44Fd by reftreace and available firm the Dimict office. (I)Authorized ExpetafTt<u+es: Project f reds shag oat be sport except as consisteat with the project Ott cost estimate that was improved by the Board, which shall be an eft to the project agrcement. This cost estimate will establish the maximum Rmdltg assistance provided by the District cad the,,,,,ge of finidinhg provided by each party to the project. The District will pay the lesser of. (a) The pocentege total of project ftding that the Board has agreed to fiord, or (b) The maximum applications fimdiag assistance amount. (2) Phase I Reh nbinement: In accordarm with these rules, reimbursement conot be made an a Phase 1 application until a construction Contract Is exeasred by the applicant far the construction phase of the project. If the Phase I project is completed but a construction Mtract is not executed by tie three (3) year project deadlism then the District shall only allow one (1) year from the Phase I project deadline to eater into the required eanetruction contract before the Phase I fbndtgg Is cancelled. (3) Reimbtasemot Requests: All project coats shell be reported to the District aid =nmarized on the Reimbursement Request Form. All requests ibr ambZusemdu shall include supporting doxxuneftdon such as billing statements fir work performed and cancelled payment vouchers for expenditthres made. (4) Retainage: The District shag retain ten peroott (10%) of all reimbursement payments until final eertiticadou of completion of the project. The District shall withhold any reimbursement payment. either In whale or part, for nosh -compliance with the terms of this agreement. (5) Check Presentations" A District r� ca,w.,tative shall present the final reimbursement check to the project sponsor during a public commission erecting orpubllo ded radon - - e+ tany for the project fachlt(y. (6) Recovery of Additional Project Fsnhding: If the project sponsor receives additional fimding for the project costs frrom anodes source that was not fdendfled in the original application and that cam p the agreonent cost-dwe peroentege, the V,oject qmw shall prcpardonatety reimburse the District's program fiords equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of say pre jei4 payments it receives fiom a sot u other than the District. Ruleawft Am*a* 374.976(2) FS law 1nWh oewed 374.976(1) FS History -Now 12-1740. Aaremkd &24-93. Fwwv& MAZ011. Ammded 3.3/-99, 7-3"Z 3.7-11. 66B-2.012 AeeountabiHty. The following procedures shall gavem t e ar r,Ili-,11.1"Ility of program &leads: (1) Aooauatirtg; Each project ,IVP.,.,,P, r is ,16.,woaahble far maintaining an aeeoundq system which muds generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all progm feuds. (2) fly Reports: The project sponsor shall submit quarterly project status reports to FIND to amortlance with subsection 6613-2009(4), F.A.C. (3) Completion Certification: All required final completion ccrdficadon documents and materials as outlined In subsection 66B- 2.009(8)9 F.A.C.. ofthis mle shall be submitted to the District prior to final h+almbursentent of program Raw& (4) Auditing: All project records Including project costs shall be available for review by the District or by an auditor selected by the Dis:rlct for 3 years after completion of die project. Any such audit ixuan ted shall be borne enthely by the project sponsor. (S) Protect Records: The protect sponsor shall retain all records supporting project costs for three years after either the completion of the protect or the final reimaurbemcnt payment, whkhaver is later, except that should any hidgation, claim, or special audit arise before the expiredon of the three year period, the project sponsor shall retain all records until the final resolution of such (6) Repayment: 1f it Is found by any State, County, FIND, or independent audit that program fiords have not been used in accordance with this mle and applicable laws, the project sponsor shall repay the misused program fiords to the District. &leawrft A#dkWry 374.976(2) FS Law 1sWkmmW 374.976(1) FS Nlsracrp-New 12-17-90. Fome* 16T401 Z Aaron W 7-J"2. 669-2.013 Adw ledgeaeart. The pmjwt sponsor shall =xt a permanent sigW4 approval by the District, at the entrance to the protect she which indicates the District's partielltation In the pre feet. This sign shall cova do the FIND logo. In the event that the project sponsor erects a temporary► construction dM this sign shall also reoognixe the District's participation. If the final product of the protect Is a report, study or other publication, the District's sponsorship of that publication shall be prominently Indicated at the begbating ofthe publication If die project results in an r. n "t nal dlsplg4 the District's logo and a statement of the Districts participation in die project shall be contained is the display. 1^,'r., 1TgAedoj*374.976(2) FS Law laWkwamed 374.976(1) FS. Hisrory-New 12-17-90, Fonnw& 16T-2014 Amw*d 2-22-IA 6611.2.014 Small-scale Spoil Island Restoration and Enhancement Projects. Proposals shall be aeeegted for the won or enhancement of spoil islands and natural Wands within the District's waterways for r+ecreatlonal, navigational, r* l , �v°tonal, and euvironmerital purposes. The applicable provisions of this rite apply to these applications with the fbtlowhng additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be used to request proposals for consideration Proposals slurp follow the fWmat deseribed In FIND Document 00 4Z Call for Proposals - Small -Scale Spoil Island Restoration and FAmcement Program (effective date 7-30.02), he* btoor xmftd by relbt+ence and available ffm the District ofiiee. Proposals may be submitted to the District and, --O'A vd by tine Board at any tithe during the year. (2) Mateiig Funds: Small-scale spoil Island r+estoradon and �- No! may qualify for up to ninny percent (90%) program fiends. The applicant's ten pawl (10%) matching funds may include In4dad contribution pursuant to paragraph 6613-2A14(4)ft F.A.G. (3) Eligibility: All proposals must meet the following elWWUty criteria to be considered for fimftw (a) Maaaganent Plan Compliance: Projects shall be to compliance with the provisions of any Spoil Island 1--agement Plans or otiier management plans that swam the Project site. (b) Property Control: The Proja;t Sponsor !mist tonne written properW rights on the Project site to eonsbw and maintain the Project for a minimum of five years. Such property rights can be In the form of a lease, laterloeal agreement, use spvcment or other legal form approved by the District. The applicant shall include a map clearly delfnedog the location ofall proposed work included in the application. (4) Funds Allocation: Funds shall be allowed pursuaat to Rule 668-2005. F.A.C., subject to the acepdons fdendfied in this rule, and with the followin addltla-" (a) The District shall fiitmd a maximum of up to $7,500 per protect, not to exceed S22,500 per Caunty. per fiscal year. (b) The Project Sponsor may contribute In4dad constriction labor, such In -kind — -l-` vation labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into do Project as Protect costs. (c) The fielding provided by the Distrkt shall only be allocated for specMa Protect vgwses such as construction maw r, plant materials, habielde% ere. The bxftg provided by !tic District shall not be allocated for parties, food or beverages. I *=*kg Aanl MV 374.976(2)1 & Low Iarple=Wed 374.9760)FS Htri+WY- ew 7-3"Z Ant N*d 4-24-ft 3-7-11. 3-23-21. 668.2.015 Small4cate Dadlet Vend Removal Profits. Proposals shall be accepted for financial 1.1'.44r0lift..ft for die removal of derelict vessels within the District's waterways. 7U applicable provisions ofthis We 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) (effctive date 4-2"4 and FIND Form No. 01-06 (Small-scale Derelict Vessel Removal Program — Proje d Cast Estimate), (effective date 4-24.06), hereby Incorporated by Whence and available f om die District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District "I only fund applicants that boo Identified derelict vessels to be removed and have a cument bid for removal for such vess* 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 $75*000.00 per county, per year, provided an a relmbursenhsnt basis only. The limitation on pre-ogr+eemed 6a may be walved by the Board in accordance with subsection 668-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. in no cast shall the District's cost - sham contribution exceed 75% of the total project costs. In-house project management or admirh11 -lion costs are not eligible costs or matching coats. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613-2.003, F.A.C. The applicant shall include a map clearly delineating the location ofall vessels Included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The firnding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement fiords only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, managernen, disposal and operating expenses associated with the proms (10) Funds derived from the sale of any derellct 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 fltnding for this program. Pademaklag Aretha* 374.976(2) F'S Law Implemented 374.976(1) Al Hlatay-New 4-24-ft Act vxbd 4-13-07. 3 2544 3.7-11.1-27-14, 3-23- 21.3-9-23. 66WL016 Waterways Cleanup Events. Proposals shall be accepted fbr financial assistance for the organized removal of rrof m within the Distde Vs ems. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for ffmding shall be submitted to the District by means of a cover letter, detailing the occurrence of the cleanup, contact information, a map ofthe cleanup locations and the general parameters ofthe event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget ofthe event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (l0), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not for -profit corporation. (4) Fundhw District iimiling shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10j below. (5) The District shall be recognised in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program wqpwses such as trash bags, trash collection, haul and landfill fees, gloves, advertising. T4hh and related -00 601Mk vi4. The finding provided by the District shall not be allocated fbr parties, meetings, food or (7) The District Board shall make all final decisions concerning the provision of finding for a dean -up program. In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional SS,000 in clean up fiords. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) ne applicant shall tally and rqm die .6 W I.4idon and location of tie waterway-rchM ddris, with the goal to stow definitive progress In the amount of nfin collected, a redaction in the ovwdl debris in the waterway, or an inerem in the number of additional wmrway areas inchuled in the clan up. (10) For each addidonai S1.00 In Navigation District tiuwing, ttx applicant shall coontlaw a minimum of one waterway collection point or clean up area, or an aWleent can conduct an additional waterway cleanup pwMem for the waterway areas. Rat gAutboerWJM.976(?) F& low laWWwented 3M.976(1) FS M or"ew 3-7-IL EXMIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: City of Sebastian North County Marine Law Project Title: Enforcement Facility Dock Project q: IR-SE-23-74 Source of Matching Funds: Indian River County Sheriff's Office and Florida Fish & Wildlife Conservation Commission Amount of Matching Funds: $50, 000 I hereby certify that the above referenced project Sponsor, as of October 01, 2022, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 25, 2023 Project Liaison Name: Brian Benton, City Manager Project Liaison Signature: Date: *S. 837.D6 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) 0. EXHISfr D FLORIDA INLAND NAVIGATM DO I FJCT A88WANDE PROGRAM PAYWNT ROAD REQUEST FORM i;iif. iZ, = ;1aI! Amount of Assistance Less PreWous Total Msbursernenfis and Less Previous Total Retainage Held Balance Available A. B. Funds Requested C. Less Retalnage (-10% unless flnal) D. Check Amount Amount of Assistance Less Total Prior and Current Payments Including all retainage held (8+Q a a Balance Remalning Expense oon (8houc aonespond to Cost Edit the $heat Categories in E6ddblt W) Cheat f. Tom Vendor Marne and 0ift am PROJECT SLUNG ##: � C� FIND • l=am th. W14 (HG*: 8#g=Wm an Page Z) Eire Dub 7-30M) FIND - Form No. M14 Page TWO EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense DescrWon Check No. Total Applicant FIND (Should correspond to Vendor blame and Date Cost Cost Cost Cost Estlinata Sheet Categories In Exhibit "W) CerMcdon for Reimbursement I certify that the above expenses were necessary and reasonable for the accompOshment of the approved project and that these expenses are in accordance with Exhibft "M of the Project Agreement * *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant In the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 cr s. 775.083 F.S. FIND - Farm No. W14 Ewe Date 74M) FLORMA ENLAND NAVIGATION DI;lTRICT AA&bz�%aANCS PROGRAM Sponsor. Project Title: Pr4ect Completloa Cerdl anon Project #• I hereby certify thaat the above .,;.fw:..=d. 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 "AA and Paragraph 1 of the Project A,y. `, j , �;.J. * Project Liaison Name: Project Liaison Signature: 7. *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a False statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90.13 (Eff Wvr Date:12-17-90, Revised 7-30-02) EXIIIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD (Please place an " X " in front of the report period and complete the year in the table below.) Oct -Dec 20—; _ an -Mar 20 April -June 20 ; , July -Sept 20 Report Due: (Dec 30) (March 30) (June 30) (Sept 30) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2023- Project Agreement Executed, Project Initiates. DECEMBER 30, 2023- First Quarterly Report Due. - Use Quarterly Status Report Form Exhibit F http://www.aicw.org/assistance-programs/ MARCH 30, 2024- Second Quarterly Report Due. waterway_assistance_programs/index.php JUNE 309 2024- Third Quarterly Report Due. SEPTEMBER 30, 2024 - Fourth Quarterly Report Due. DECEMBER 30, 2024- Fifth Quarterly Report Due. MARCH 30902025- Sixth Quarterly Report Due. JUNE 30, 2025- Seventh Quarterly Report Due. NOTE: If the project will not be completed and all close out paperwork submitted by September 301h , a request for a ]-year extension of the completion date of the project should be submitted with the .tune 2025 quarterly report SEPTEMBER 1-30, 2025- Work on Closeout paperwork Closeout paperwork consists of : 1. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02). which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. 4. Photograph(s) of the completed project clearly showing the program improvements. apg or of format) 5. A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2025 - End of Grant. All work must be complete closeout paperwork submitted. October 2025- finish processing closeout paperwork, perform project inspection and submit final reimbursement check and coordinates check presentation with sponsor. NOTE. ANY MODIFICA TIONS to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit A; would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. EXHIBIT H Min:. %i%.aicw.om1studies and inlimnutitowbids tiles nlaus Ismos lu �ossl n r� ize documcut center u617 DISTRICT SEBASTIAN aa.rwr CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 10, 2024 Agenda Item Title: Approve Grant Administration Services from CoastalWide LLC for the North County Law Enforcement Dock Facility in the Amount of $20,800.00. Recommendation: The Community Development Department recommends that the Council approve a Work Authorization (#I) under the CoastalWide LLC Consultant Service Agreement (CSA) FY 2023/2024 for grant administration services. Backround: Currently the City maintains a 26-slip docking facility, Twin Piers, which are available for the temporary mooring of vessels. The City of Sebastian received notification of a grant award from Florida Inland Navigational District (FIND) in the amount of $50,000 as 50% of the $100,000 construction cost for the new North County Law Enforcement Dock Facility. With the awarded grant funds, the City is proposing to modify the eastern 6 slips to accommodate the marine law enforcement vessels The remaining 50% is to funded by our partners in this endeavor, which includes the Indian River County Sheriff's Office, FWC, Indian River County Fire/Rescue and the Sebastian Police Department Marine Patrol. Issuing a Work Authorization Order (#1) under the existing Consultant Services Agreement with Coastalwide LLC will authorize Coastalwide to request a permit exemption from DEP, design and prepare engineered drawings for installation of security gate, security cameras, security lighting, boatlift and boat slip roof including necessary piles, water service, electric service and provide bid and construction administration services. Staff is seeking approval to issue this Work Authorization Order. If Agenda Item Rer)wires Expenditure of Funds: Budgeted Amount: $20,800.00 Total Cost: $20,800.00 Funds to Be Utilized for Appropriation: Community Redevelopment Fund (CRA) Attachments: 1. CSA #I — CoastalWide LLC 2. FIND Project Agreement (executed) Administrative Services Department Review4 k! City Attorney Review: Procurement Division Revr if applicable: City Manager Authorization: Brian a�r~�u o nc d s.m.a.o. em.u•ea�w,i Date: Benton o;w'o,<o,°as;.o,a.�