The URL can be used to link to this page

Home My WebLink AboutCSA 02 FEMA Grant Eligible Repair WorkCITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 200' Street Vero Beach, Florida 32960 Work Authorization No: CSA — 02 (RFQ #23-06) Project Title: North County Marine Law Enforcement Dock Facility — FEMA Grant Eligible Repair Work 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 (Task1) prepare a request for DEP permit exemption, (Task 2) conduct a site visit and compile summary of eligible work required, to verify consistency with the associated City of Sebastian FEMA Project Worksheet, (Task 3) design and prepare engineered drawings for repair of existing dock facility structure, and (Task 4) provide bid and construction services. The City shall supply the Vendor with the existing electronic (CAD) survey drawing of the dock facility. The work/project will include: Task 1: DEP Permit Exmption Request for FEMA Public Assistance (PA) Grant Work— The Vendor shall prepare and submit a request to DEP for a permit exemption to perform the FEMA Public Assistance eligible grant related 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 the FEMA eligible work. Task 2: Engineer Site Visit and Project Assessment — The Vendor shall conduct a site visit for the Engineer to assess the damage and confirm the FEMA grant eligible work. The Engineer shall correspond with City staff responsible for managing the FEMA grant process to verify consistency with the City defined FEMA Project Worksheet. Task 3: Final Design Services — The Vendor shall design the FEMA eligible repairs to the existing storm damaged dock 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 FEMA eligible work including repair to existing decking, stringers, pile caps, dock piles, and mooring piles. 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 Construction Costs presented in a Bid Form format. Task 4: 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 on -site pre-constructon meeting with the City of Sebastian staff and the selected contractor for this FEMA eligible work will be performed under another project and is not included in this scope. The Vendor shall review shop drawings for FEMA eligible work. The Vendor shall conduct one (1) site observation per week for an estimated three (3) week construction period for the FEMA eligible work. 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 for the FEMA eligible work. 1. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours I Task 1: DEP Permit Exrt�ption Request ump Sum - not applicable I Task 2: Engineer Site Visit and Project Assessment ump Sum - not applicable Task 3: Final Design Services ump Sum - not applicable Task 4: Bid And Construction Administration Services lump Sum - not applicable I CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 2. Pricing Description Quantity Contracted Unit Price TOTALS I Task 1: DEP Permit Exemption Request 1 Lump Sum $1,500.00 I Task 2: Engineer Site Visit and Proiect Assessment 1 Lump Sum $1,300.00 1 Task 3: Final Design Services 1 Lump Sum $4,400.00 1 Task 4: Bid And Construction Administration Services 1 Lump Sum $2,600.00 3. Deliverables Provided to the City (surveys, plans, etc.) I Description Quantity a. S ned and Sealed Construction Design Drawinq with Technical Specifications Electronic format (pd I b. Signed and Sealed certification of protect conformance with specifications and plans. Electronic format (p te Basic of Compensation/Period of Services: The above referenced description for CSA — 02 (RFQ #23-06) will be performed for a fee in the amount of $9,800.00. Period of Services Task Description Task Completion Time I Task 1: DEP Permit Exemption Request 4 weeks after authorization I Task 2: Egpineer Site Visit and Protect Assessment 2 weeks after authorization I Task 3: Final Design Services 8 weeks after authorization I Task 4: Bid And Construction Administration Services Dependent upon City bid process and selected Contractor AGREED: VENDOR: \., 01/05/24 Date: Denise M. Boehning 1 President CoastalWide LLC Att t: �,, �� 1 ette illiW ams, MMt'Ct, City leek 235 OF SEB STIAN:Date: / /7 foxy Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: jifer Cockcroft, City Attmey FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR-SE-23-74 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 6� day of ue-,4- , 20z-3 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the Citv of Sebastian.. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: I . 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 Countv Marine Law Enforcement Facilitv Dock.. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Anv modifications to the PROJECT'S scone of work shall require written advance notice and, iustification from the PROJECT SPONSOR and the prior written aooroval 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. DANCE AMOUH1 - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than ft percent QQW ("MATCHING PERCENTAGE') of the PROJECT SPONSORS eligible out-ofVockst costs for completion ofdds PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reuabutsement basis only, and only for those authorized out of pocket costs as Mown in Exhibit A, Project Cost Estimate (`PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $ Sd&WO ., an modifications to the RQrs, Cost Esttim%V *-A) shall reauire written adv n9tice and iustifi, PROJECT SPONSOR. gel the iWor written SWoval oLft DISTRICT. 4. L4AT'CIMNG Itl= - The PROJECT SPONSORwm=ds and �",;nts that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the oampletion of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such fwtds using the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial -iL: �;j:►, . �,ents, and bank statements. S. PROJECT fVM - To be eligible for reimbursmemt under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally descd1W in Exhibit B. Chapter 66B-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimab by the DISTRICT. If the PROJECT SPONSOR receives additional fimding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREE MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program fihnds 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. PRE-AGRECYSTS - The DISTRICT and the PROJECT SPONSOR fully understanI and agree that there shall be no reimbinsenteut of fiords 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. and previously approved by the DISTRICT Board during the grant review process. 7. M MBU;RARAGW PROCEDIWA - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimburseanerrt Request Form (Form #90-14) attached as Exhibit D. Supporting doctmmeation including bills and canceled payment vouchers for expendit�res 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 shag be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit wgxases shall be borne by the PROJECT SPONSOR. Project fwds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT WWI retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B. shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, eq pmen* pieject management, adrnin0stica4,vM inspection, and design, permitting, planning, engineering, 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 perm Whig wane directed, which may or may not involve fivther DISTRICT finiding. 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 paymenthereunder, either in whole or part, for Iron -compliance with the ternms of this AGREEMENT. B. JW L RRVfflURWM111T . Thee PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of aograph ofthe PROJECT showing the sign required by Section 18, and (S) a Fl ud Project Report as described in Exhibit 0, Assistance Project Schedule. As part of the! 3 aocompanyimg the request for final reimbursearnent, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects, and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise deternnirted by the DISTRICT, the Final reunbutsement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORIKS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal yen in which the Fine[ 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 spacial audit that staffs prior to the expiration of the due -year retention period. 10. T AND — 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. Nthe 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 full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREE, and all Anther rights thereunder, shall be terms'nated. 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 15917, 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 inadequarte remedy. PROJECT SPONSOR fintiter acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such abreach, the DISTRICT was required to demonstrate that it would suffer irreparable harm. The parties therafore 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 perfornhaace and ins ww ive relief; and for purposes of determining whether to grant an equitable 4 remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PR(MECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICis Project Manager for the purpose of this AGREEMENT and shall be respon4r'ble for of its terms and conditions and for approving an reimbursement requests prior to payment. 12. )PtOMT, SEQNSOR'S LIAISON ,A GMT - 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. §#'' E1S REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, eng'iaeering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit 0. Assistance Project Schedule, may result in revocation of this AGREEWW. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, authorizations, and all applicable laws and regulations in the and local permits and proprietary development of the PROJECT. Tire PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local lawn ndes, and regwre . 15. NoN-D1,ScRnd1N A►T� ION - 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 coalition, and without regard to residency of the user in another political subdivision. lb. nUpG FACIL& ag -Adequate parking shall be made available by the PROJECT SPONSOR to aaommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SU DEDICAUM -- FOR LAND -BASED DEVELOPMENT PROJECTS The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use 5 .9-1e for which the PROJECT was intended for a minimum period of dit (35) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, nnu}agenzeat AORBEMENT ar 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. ,ACxCNOM%gW--For on projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entranceof the completed PROJECT, which shall indicate that the DISTRICT contn'buted 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 H) 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 slcall acimowledge the DISTRICT where feasible, in concurrence with the DISTRICT staffs reeammendations. 19. PRMW10 MANCR - 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 improvts shall be maintained in aoeordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordacee withapplicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR wmzants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FERS - Any fees charged for this PROJECT shall be reasonable and the some for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fitly percent (50'/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. SO-VMIGGPMMSM ,_,. - Each party hereto agrees that it shall be solely responsible for the wrongN acts of its employees, contractors, and agents. However, nothing canes herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its 6 employees, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation, or maintenance of the PROJECT. 22. WSUAMONIS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. SfiRM AND DU - The rights and duties arising under this AGREEMENT shall inure to the benefit ofand be binding upon the parties hereto and their.'i4r':.Xve successors and assigns, and shall, unless the context clearly requires otherwise, survive completion ofthe PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the �,,.:..�► prior written consent of the DISTRICT. 24. HAMRS - Waiver of a breach of any provisions of this AGREEMENT small not be deemed a waiver of any other breach of the some or different provision. 25. NOTJCFj - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinsid Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Sebastian Attention: CRA Manager, 1225 Again Street Sebastian, FL 32958 26. NO JOINT VRNTURR - The DISTRICT's role with respect to the PROJECT is that of a fimding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venftm with the PROJECT SPONSOR. 27. GOV KING UAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 28. j[RANSYFARNCE - It is the intent of the DISTRICT to issue this fimding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT 7 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. FLORIDA7't/E1=cutiv6,pjr6ctor �NAV A ION DISTRICT By: Date: // /D E•/Z3 City of Sebastian BY: r&A, Title: City Manager Date: // 1c/ z.a3 Exhibit A PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2023 1$= Ru& Sgction 4hk-2.= AL 212U j:Qr eUs;lkillty..DncI-funSdin.Q ratios) Project Title: PaORTH COUNTY MARINE LAW ENFORCEMENT FACILITY j Applicant: ICITY OF SEBASTIAN POLICE DEPARTMENT I Project Elements (Please list the MAJOR project elements Total[stimated Applicant's FIND Cost and provide general costs for each one. Cost Cost For Phase I Projects, please Fist the major (To the nearest $50) Ito the nearest $501 elements and products expected] (Boat lifts with roof/covering rk box and cart (Pressure washer I%katcr extension (well in park) iectric extension (box at P er entrance) `Marine lights Security gate and lock for dock IlSecuriiv cameras I Sgignage "TOTALS S60,000.00 n. ��50bbb 800.0i1 �2600.00 X-0.00 Il Form No. 90.25 (New 1 or 14/92, Revised 04.24-06) 10,0on 10 $100,000.00 1$ 50,000.00 $ 50,000.00 Exhibit 8 2023 CHAPTER 668-2 WATERWAYS ASSISTANCE PROGRAM 6613-2.001 Purpose 66B-2= Forms 66B--2AM Definitions 66B-Z.044 Policy 66B-2.005 Funds Allocation 66B-2AN Application Process 66B•2A061 Emergency► Applications 66B-2= Projax Eligibility 6684A09 ftiect Alm on 668-2.011 Reimbursement 66B-2.012 Acmuntability 66B-2A13 Acknowledgement 65B-2.014 Small -Sale Spoil Island Restoration and adweement Projects 668-2.015 Small%%ale Derelict Vessel Removal Projects 668-2.016 Watwmp Cleanup Events 6686-2ADI Purpose. Ring the wee and benefits of intend navf0dons dumels and waterways, as well as noting problems associated with the construction, continued maintenance and use of duese waterways the Florida Legisld me created Section 374.9761 F.S. This law authorizes and empowers each inland navigation district to undertake programs intesbded to alleviate the problems associated with its waterways. The purpose ,of dins rule is to an froth the District's policy and procedam for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida inland Navigation District's Wao rways Assistance Program. &dezdftAudar11y374.97Q2) FS Law hgpdramxtrd 374.976(1) F& NtrroW-New12-17-90. Formerly 167,212Q01. 6611-UO2 Fors. All foams for the admiaI 11an of this program arc available from the District office located at 1314 Marchrki Road, Jupiter; Florida 33477. kde oft AnOwdO+ 374.976(2) F& Law larpl nuwed 374.976(1) F& fllaw"ew 12-17-94 Formerly 16T•ZO02. 66W2A03 Definitions, The basic terms utilized In the rule are defined as fbilowws; (l) "APPLICANT" mesh an eligible gpvanmental agency+ submitting an application through this program. (2) "APPLICATION" means a project dal with the raq*W doeamutta h n. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period far submitting applies to the District. (4) "BEACH RENOURISHMENT' means the placement of sand on a beach far the nourishment, reaourisiament or restoration of a bomb. (5) "BOARD" means the Board of Commissiouuers ofthe Florida Inland Navigation District. (6) "DISTRICT' means the Florida Intend Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member eamtles, foed governments and navigation rcl$ted districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mesa high water One of a navigable waterwayrcqukW and issued by or on behalf of the U.S. Army Corps of Engiu em the Florida Depa= 6.,z of Enviromaental Protection, and the South Florida or the St. Johns River Water Managattem Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District (10) "LIAISON AGENT" mcans der contact person officially deslgnsted to ad on be halfof the applicant or die proms sponsor. (11) "LOCAL GOVERNMENTS" means to micipathies, does, or eonsotidatod eounly gov rmmoohta, which am located within the member coundes. (12) "MARITIME MANAGEMENT PLAN" means a written plan conudning a systematic arrangement of elem ens specifically formulated to IdoWljr, evaluate and promote der benefits of eligible waterway accessibility and agjoym ent, with coon and respect to the pbyslcal, mental and ecomude pare melds ofthe planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project: (14)'RMEMBER COUNTY" means a eoimty Ideated within dw taxing boundaries of die District which includes Nassau, Duval, St. Johns, Flagler, Vohaia, Brevard. Indian River, St. L.ud% Martin, Palm Beach, Broward and Miaml-Dade Cowes. (15) "NAVIGATION RELATED DISTRICT' means poet aut =ft1 +,, Ialt dhat -mr or any edgier agency having legally audtodeed navigation related duties In waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" meatus financial ," 1,4111sn-* awarded by the Board to a project for release to die prejed sponsor pumuant to the terns office project agreement. (19) "PROJECT" means a planned undertaking ig of eligible program facilities. Improvements or --r-- r for the me and bPm & ofthe general public. (20) "PROJECT AGREEMENT" meatus an M.,*""•a contract between the District and a project sponsor sating forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, ae dvity, rape rep��"**-•fit, adjustment or repair taken to retain a project or grant item In a serviceable, operational or nonnat condition, or tin routine efforts and mWenses a„ to restore it to serviceable or normal coadidon, Including the routine reaming work mqubed to keep the project or grant Item In such condition that it may be continuously used at its original or designed capacity and efficiency for Its Intended purpose. (22) "PROJECT MANAGER" means the District employee who Is responsible for monitoring the performance of die Project and ownpili max with die project agreement. (23) "PROJECT PERIOD" meatus the approved time during which costs may be kmuned and diarged to the funded project. (24) "PROJECT SPONSOR" means an eligible goverrmiental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or ibdHW on government owned property that is owned or operated by a govonmental entity, or operated by a third party operator. The building or fhcllity most provide waterway related iaf mnWon. public meeting space, or educational services and be open to members, ofthe public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for motional boat mooring or storage, dw services of which are open to the general public on a fast comae, first served basis without any quaiif he such as club mhernberrihip; stock ownership, ordiffWatial to price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term baste, to gain entry to or from the District's waterways to serve die i 16 atvuet ue needs of the District's waterway users. (28) "WATERWAYS" mesas the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Camel in Brevard CounW west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Camas east of the water control structures, all uavigablo nawral rivers, bay% creeks or lagoons intersected by said waterways and all navigable natural auks. rivem bays or lagoons entering or from said waterways. (29) "WATERWAY RELATED ENVIRONMENTAL. EDUCATION" means an Interdisciplinary holistic process by which the learner. develops an awareness of the namW and remade environments of waterways; develops knowledge about how the envirorurient of the waterways works; acquires knowtedge about the teclhmoIogical, social, ailtoral, political, and economic r 'ps occurring in waterway related environmental Issues; and, becomes motivated to apply action strategies to maintain barite between quality of ltfb and quality ofthe environment ofwataways. P,II.PI�-�I Iry Authority 374.976M F& Law lei pimewM 374.976(1) FS ff mare -,New 12-17-90. Amwzdsd 9-2-92. 2-6.97. Formerly 16T-?.a03. Amend 3-17-48. 3 21-01. 3-2&03. J-J-W. 4-21-03. 4.24-M. 4-I5-07. 3-2S-a8. 3.7-11. 3-2M1. "B-2.004 Polley. The ibtlowing matitutes the policy Ofthe District regarding the administration ofthe program: (1) Financial AsstsWce Eligibility: Financial support and cooperation may be pravdcd to eligible governmesusl agencies fbr approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation In planaing, w*Isidon, development, consEntedon, recerrstrtrc#oa. extension, in3provcrnent. operation or the maintenance of public navigation, Ianal and r4onal anchorasge m$asgeatettt, beach renourishownk public recreation, inlet meavlronmotal eduction, maritime managerent plan% and basthtg safer projects directly related to the waterways. (b) Eligible local may also be provided finandal assistants, support and cooperation In planning and carrying out public navigation, local and regional anchorage mannagement, beach renourishmeat, public radon, inlet marutgeraent, environmental education, and boating safety projects directly related to the waterways. (c) Navigallm related districts mew be provided with financial assistance to pay part of the cols of the planning and acquisition of dredge material management sites If the Board fhb that the site is required for the lmtg4aage malatermnoe of the Atlantic Intracoastal Waterway channel. All such sites must meet the devetapmatt and operational criteria established by the District tiuouO a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects accounted with waterway improvement related activities, and Inlet management prWects if the Board funds that the project benefits public nwigation In tlt8 Auntie Intracoastal Waterway. All navigation related districts shall contribute at least equal matching fiends to any District fhtwAW provided. Seaports may also be thmished assistance and support In planning and carrying out awironmenntal mitigation rhi Y j i, wl-d4 Ali seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching fiends fur funded projects. (d) Eligible projects shall Include the acquisition and develapinent of public boat ramps and ImmehIng facilities, Including those In mm-=� navigable watecvap contiguous to "waterwvW as defined in Rule "11-2903, F.A.C. (2) Nodfattion: The Disi ri t will notify by direct mall, small and/or advertised public notice all eligible governmental gpncics of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be In accordance with these rules. (4) Project Accessibility: Facilities or progaant, ftmded In whole or In part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar oondhlan. Addhtiomft. faculties funded In whole at In part by program fiends, shall not require a paid membaft for the general public ofall of the member counties as a condition to use the f HhkL User or entrance ibex may be charged for the use of Pocllitles funded In whole or In part by program fhmds, however such fees shall be reasonable and shall be the saute for the general public of all ofthe member counties. (3) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses. or the necessity of a boating speed zone for safety purposes. Before applying fbr boating speed zm desigcetio n In District waterways because of a project funded by this pmgm34 the tin, Iy, A � � shall first receive approval from the Board. The Board will use the criteria found In Section 327.46(1), F.S., in determining whether to approve the rug' Y it, 6■ r61 boating speed zone. (6) Project hKaintenatce: The project sponsor shall be responsible for the operation, maintenance. and management of the project fbr tin andelpated life of the prided and shall be responsible for all axp roses required for such purposes. The project shall be nwintained in accordance with the standards of maintenance for other similar Ioed fadtities and In accordance with applicable health standards. Project hollitles and hapmvematts shall be kept reasonably sate and In reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial abillgr to operate and makitain tine project 1$ditties. (7) Education Facilities and Program►. Waterways related erwironmental education find lit and programs sponsored by the District shall ocean at specs* doWtatod awhonrazotal education facilities looted 4acent and coaftwus to the , I I v,J . Y I , i IL It is the District's Intent to coasalidata Its awbosuneatal education efforts In the hest number of facilities within an area that will adequately serve the education needs ofdtat area of the District. (8) Public Inforawflon AvallebiIlty: Public Information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight. at a minimum, will include a project liaison that Is a staff member of the eligible project sponsor. and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. 00) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the pmject 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 lite 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 suffrclent funds for the on -going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District. Rulemaking .ludrori;t- 374 976(2i F.S. law Implearemed 37,).97611). Imo) F.S. Iliuon. -.Veer 13-17-90.: imei ded 3.3.9a. ?-6-97 F'ormer(r Mr -I &M. :4mended 3-18.98. 3-31-99. 5-234tl). 3.21.01.7-30-02. 3-3-04. 4-21-05. 4-1-09.:-2:-10. 3-7-11. 3-7-1 Z 1-27.14.:-17-15. 668-2.005 Funds Allocation. The Board will allocate funding for this program based upon rite District's overall goals, management policies. fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts. member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. if funds are determined to be available for the program. the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Work -sheet (effective date I12014), hereby Incorporated by reference and available at: httv:/;wwtti.Arules.ora)Gatewav/refercnce.asONo=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 cite District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (90) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation. if funds are determined to be available based upon the District's overall goals. management policies. fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252. F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require at a minimum. equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6). F.A.C.. land acquisition projects in accordance with subsection 66B-3.005(7). and Rule 66B-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 6613-2.0015. F.A.C.. and Waterway Cleanup Projects approved under Rule 668-2.0016. F.A.C.. and projects approved in counties recovering from a state of emergency. Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(I)(c). 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 wont on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District. its waterways or its constituents. All project costs must be Incurred and work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008. F.A.C.. and occur within the fiscal year of the grant application submission (October Ist to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi -year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses In accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement expanses will be eligible for reimbru-In men1 finding from the District, except for projects approved by the Board as muhi-year projects. The Board shall � , � I °;A % ^ a wdver of the limitation an pro-agrocmcrtequses for Small-scale Derelict Vessel grates and Ind acquisition projects when the applicant f4- atess a direct seed and benefit and the project Is In accordance with the applicable provisions of "B-2, F.A.C. (4) Mani -Year Finding: The construction phase of projects that are large scale, involve multiple phases, Dave a construction time line of one year or longer, or are requesting a significant amount of assistance finding In rdadon to the total �4�1At•.�� available for the county where the project Is hated, 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.& The detamiaetiom by the Board to provide Wag on a multi -year basis can be nude at any time during the application review process. All approved multi -year projects are limited to a mwdmum oftwo (2) additional f mding requests. (S)Ink Mamagesnerht and Beach Projects and project *ram- Pe in the camgaries of ink management and beach renoudshmert slhall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share ofthe oost ofdm project. The District shall not contribute finding to broth the state and local shaten of an inlet management or beach shntent project. Funding for the construction phase of an Inlet went or beach renou it -11 Pat project may be approved by the District Board fbr 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 went or beach renowishment projectc (a) inlet Mar:aganent: Inlet management projects shall benefit public won within the District and shall be consistent with Department of Envirommental Protection approved inlet mangy plans and the statewide beach manopment plan pursuant to Section 161.161, F.S. Prior to fW* any Inlet management project, the Board shall make a thu ft that the project Is a benefit to public navigation to the District. Inlet management projects that are determined to be consistent with Department of Fmiromrxestal Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach RenoueA,-- -*- All projects In this category shall be , , 11"41-1- - t with the statewide beach management plan. Beach renourishment projects shall onty Include those beaches that have been adversely Impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to fuuhding arty beach renouryl„,-,-', project, the Board shall make a finding that the beaches to be nourished have been adverssly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. 7be detarnivation of beach areas that are adversely impacted by navigation far the purposes of this program shall be made by Department of Environmerhtal Protection approved Inlet management ph= If state finding Is mot provided for a beach project, public access with adequate parking must be available In accordance with Chapter 1619 F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qurelify for up to seventy-five penxnt (75%) program hinds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking fhatlities. In addition, the following shall apply: (a) Navigation channel dmdgiug: The project sponsor must detmonstratc that the source of chammel sed€nmerhtation has been Identified and Is in the pros of or has been controlled, or that the frequency and amount of 1,5 is such that dredging will provide an Improvement to the charnel that will last for twenty (20) years or mom and theref n Is more cost effective flora Identifying and correcting the cam of shoalhhq , or that the cost of Identifying the source of channel sedimentWou exceeds the cost of the *edging project. (b) Navigation channel lighting and markers must be located an primary or secondary public navigation channels. Navigation projects or project elements that have one fitchlhy open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the'7JPP, %f7q,21'sUM (7) Land Acquisition: lend acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pie-agmament �-"y —e w for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal she, all funded land acquisitimn prongs must construct the mquhvd boating access fadlhy within 7 years of completion of the W acquisition, or the District may require the applicant to refired the program fhmding. Immediately Von acquiring title to the land, the applicant snail record a declaration of covenants In favor of the District that if the required boating access facility is not constructed within 7 years and A a rR , a' for the public use as a boating access facility In perpetuity after completion ofeonstruction, the District shall require the applicant to refitmd the program funding. (8) Scepost Funding Eligibility: Financial ., aP44 - � � to seaports may exceed the pwpordand shah of the District's ad valorem tax eoltecdorhs as set forth in subsection 6611-2.00S(1), F.A.C., from the county In which such seaport is located if the seaport can demonsu,"a that a regional benefit occurs from the pores activities. Frmancial l I T'I lI',7"1 i ■ t to a seeport project tha demonstrates a regional benefit shall not cuoul an amount equal to (1) the proportional share ofthe District's ad valorem tax collections as set north In subsection 6613-2A03(1), FA.C., fi+om the eaundes where the benefit is demonstrated less (10 funding all d in the same fiscal year to all other local government projects Amde d in those counties. Rnlees fit AwkwIV 374.976(2) FS. Law lm pkwWed 374.976(1). (3) FS. Nist"4ew 12-17-90..4mou ed 6-24.93. "-K 2.6.97. Farmer$► 16T 2.W5. Awed 5-17-9R 8,2&99. 3-21-01. 7-3"A 3-3-M. 4-21•05. 4.24.M 4-13.01. 3 23-0d, 4-149. 3-7-11. 3-7-1Z 4.10-13.147-14. J- 1"a 3-2.f21. 66B-2.006 Applindon Process. (1) Application Period: With the exception ofellgible Disaster Relief Projects, eligible Small -Scale Spell Island Restoration and Entaaoent Pro acts eligible Small-scale Derelict Vessel Applications and Waterway Cleanup Events, all app" '. amfor s.et"sM, ^ I through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Wataway►s Assistnacc Program Project Application FIND Form Number 90.22 (effective date 4-24-06) mid the Waterway Assistance Program Application and Evaluation Woticshent No. 91-23 and 91-25 (A) duough (F) (efeCtive date 112014) are hereby bcorporated by rciereice and available fiom the District office. With the exception of projects eligible under the Small Scale Spoil Island Ramon and 0:-14 it - -,, -, , program, the Small -Scale Derelict Vessel progtazo, and eligible Waterway Cleanup Events, all applications for financial awe and support dw* this program from member counties and heal governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Prooject Application and Evaluation Wit No. 91-25 and 91-25 (A) through (F) and shall include a ,,"halted cost estimate submitted on FIND Form No. 90-25. Florida Inland Navigation District Assistance Program Project Cost 42, (ef chive date 4- 2446), hereby incorporated by reference and available frmn the District office. In addition, all applicants shall submit a complete and detailed Project Timedime (FIND FORM No. 96-10) (efi'ec Live dace 4-IS-07). (3) Sponsor Resolution: The project sponsor "I approve the �",'yMl' � n of an application by official resolution from its govad* board or commission. Said resolution stall be made on FIND Fora No. 90-219 Resobdon for Assistance Under the Florida Inland Navigation DisWd Water*vjs P PPY40 : - Program (efffbdive date 10-14-92), hereby incorporated by reference and available fiom the District office. (4) Attorney's Ce:eNcalon: if the application is for a project that Is a land bused development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date S-25-00), hereby itworporatod by reference and available from the District ofBoe. (3) Maps and Geographle Information: All applicants shall be repaired to submit, at minimum, the following geographic information: A County location map, a project location trap, a project boundary tral% and a clear and detailed site development map for land development pry. (6) Application Review. Applicants stall obtain the local FIND Commisslonex's i dd* an Form No. 90-26 prior to sulmt hdng the application to the District office. It Is the applicoft responsibility to make timely arrangements for the local FIND r , F, ° ne es review. In the absence of attenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete If it does not include the local FIND commis I M's initials on Four No. 90-26. Upon receipt In the DlawM office, staff will review the applications for cansF ul ow ww of the bhfortnational requirements identified in the Application Cheri t, FIND Form Number 90.26 (ef adve elate 7-30-02), and for compliance with the eligibility requirennethts of this rule. When an application Is determined by staff to be incomplete or ineligible:, stab' will Immediately infottm the applicant by mail. The applicant will then havoc: until the date established by the Board In the application package to bring the application into compliance. If the applicant fbiis to provide a complete application in compliance with abase rules, the application will not be considered for funding. In order to have a cotmplete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other Information requirements tdemtified In the Application Checklist (FIND Forth Number 90-261 but snub forms and other submitted infomadon must be caplet ly filled out. a xexutod as applicable, and also establish compliance with Chapter 66B-2, FA.C. (7) lnte bxzl Agt+eemenu: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range: dredged rmdedal managame nt plans, will dir©ctiy benefit the mak tenence of the 01,. 4% ,MA ee Waterways channel as documented by the Distria's long range dredged maeeM management plan, will ductly benefit the malntenance or fmgnovemcat of District property, right-of-way or stavigetion L If �'� or have multiple fim ft v 1: � I. „ r. s ring the Corps of F.aglneers as the Proms mmmW am qud* fbr project assistance dmo an h t local agreement pummot to Chapter 163 or Sodden 374.984(6)(a), F.S. District staff will identify tisane applies and present them to the Board for their determination as to funding. [raeriocal agreement projects shall comply with ap other provisions of this rule, except for pre-egreement expews, permitting and property control requirements. (S)Application Preseatationx Applications determined to be complete and In compliance with this rule will be forwarded to the Board far review and then scheduled for won to the Board at a scheduled ranting of the Board. Appluts can decline to make a presentation to the Board by submitting a written repot. (9) Application Evaluation and Rating Score: Following the presentations the Board will review the applications aril evaluate these using the Waterways Assistance Program Application and Evaluation Worlds No. 91-25 (A) through (F) for Waterways Assistance Program applicadouL The total points awarded to each application by the Comm4yw , , . r w will be averaged to determine an application's, final ram seers. The firms rating score for each application mint equal or 3S paints for the application to be eoadda+ed Pon funding ice. Reconsideration of any appllt dM with a final ram score of less limn 35 points will only cow If the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for rownsidemdon of the application. Only Applicants that are eligible under Rule 66B-2.4061, F.A.C., "Disaster Relief App aEiona p shall complete FIND Form No. 91-25F Emergency Re4 on (eflWve date 4-24-06, IJ2014). (10) Funding Determination: The Board will hold a fading alloestu at which time the Board will determine the allocation of funds. If any, to each project and the projects will be ranked by overall average scare to militate final fim ft decisions by the Board. Allocations will be based In part upon the cumulative score ofthe applications as calculated free► the Project Evaluation and Rating Fomn. Allocations will also be based upon the specific needs ofthe individual counties. RUkMaMWA&dwf1 +374.976r2% FS Law In#ememd 374.9760) FS Hkay-New 12-17-K ed924Z 624A3, ¢12-95. Fame* 16T- 2.006. Ante ded52f-00. 3 21-01. 7-3"2. 320.03. 421-05. 424-ft 4.15-07.32Sd) X7-11.1-27-14. 6611-UO61 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by die Board at any time during the year to provide assistance to an eligible applicant ibr the wmaval of naWgadon obstructions and repair or replacement of waterway facilities damaged by a declared natwral duster. Applicants for Disaster Relief shall we the same fame listed in subsection 668-2=6(2� F.A.C. The District shall consider these applications in accordance with time rules. Rmbwft Arm 374.97612) FS Law laWkmarrad 374.9760) FS Hk&y-,Vew 6-24-94 Aarendd 2.6.97. Fmww& 16T-20061. Aa iuW 4-24-K 345-A 66B-UOS Project EUP1111y. (1) Eligible Projects: Fhmclal assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, exrvuimental education, boating safety, acquisition and dcvdopaertt of spoil sites and publicly owned a m s „WWu*W wde way access diner rdamd to the waterwgM acquisition and deveiopmeat of public boat ramps, launching foilittes and boat docking and mooring facilities, inlet management, maritime management planning, envir+amerrtal mitigation and beach renourishm t. (a) Program iuttds may be used fir projects such as acquishim plartniq& deveeaputent, a on., reconstruction, extension. or improvement, of the following types of projects for public use on Ind and water. These project types will be amanged 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 navigation aids and markers, 3. Inlet management projects that are a benefit to public navigation In the District, 4. Public shoreline stabilization ducally bawfift the District's waterway cdrarme ls, 5. Acquisition and development of publicly owned spoil disposal she and public oammaciallindustrial wakrway access, 6. Watesway signs and buoys for safety, regulation or information, 7. Acquisition, dredging, shoreline stabilization and denrelopment of public boat ramps and launching facilities, 8. Acquisition. dredging, shoreline stabilization and development of public boat docking and moodug fimilittes, 9. Derelict Vessel Removal, 10. Waterways related environmental education program and facilities, 11. Public fishing and viewing piers, 12. Public waterfiud parks and boardwalks and associated Improvements, 13. Maritime Mtent Planning, 14. Waterways boating safety programs and equipment, IS. Beach raoucrishmemt on beaches adversely impacted by navigation Wets. w0gstion structurm navigation dredging ore as 40N lrqect; ad. 16. FMIF01,014MM, 1014 enhanoeauent or mitigation projects; and, 17. Other waterway related projects. Waterway Projects that do not meet specific criteria in subsection 6613-IDWS) or (6) or subparagraphs "11-2.008(1Xa)IA6., F.A.C., but are located on eligible waterways shall be considered fbr funding under the priority Hating of*odwwaterwayy related project" and elhg0rle fbr 2S%fimdhgg (b) Ineligible Projects or Project Elements. Project costs ineligible for program finding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related oasts, irrigation equipment, ball -courts, parts and playgm and equipamik and any exuarmus recreational amenWes not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Resbnooms for non -waterway users, 3. Roadways providing access to non -waterway users, 4. Parldng area for non -waterway users, S. Utilities for run -waterway related facilities, 6. Lighting for non-warway related f icilldes, 7. Project maintenance: and maintenance equipment, 8. Picnic shelters and furniture for nowwaterway related facilities, 9. Vehicles to transport vessels; and, 10. Operational items such as Not, oil, etc. 1 I. Office space that its not incidental and necessary to the operation of the main eligible public !wilding; and, 12. Conceptual project planning, Including: public survey% opisnion polls, public meetings. arSt, Intional i.,.416 ; 6.: .ens; ad, 13. Inletmal„1.6,�;k,pw6. (a) Project Elements with Ellgibility Limits: Subject to approval by the Board of an itemized expense list: I. The following project costs will be eligible fbr program funding or as matching flnnding If they are peribrnred by an irh alt'.6 ��t.iirW�r+,. a. Project Menagemerht, administration and inspection, b. Design, permitting, planning, engineering or surveying casts fbr completed eornabuction project, c. Restoration ofsites disbrbed during the construction ofan approved project, d. Equipment costs. Before rehtnburssmeat Is made by the District on any of the costs listed In subparagteph I., above. a construction contract fbr the project, approved and 6. ,. v A.1 by the project sponsorand projed contractor must be submitted to the District. 2. Marina foe -fighting, Marine law enforcement and outer vessels are eligible for a mwdmum of S IOOA 0 in initial District fmtdhng. All fixture replacement and maintenance costs ofthe vessel and related equipment will be the &., , ability oftke appHcwL 3. Wderway related environmental education facility finding will be limited to those project elements directly related to the District's waterways. (d) Pivaelag of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will Include the design, eagiaeering and permitting elements and Phase It will include the eonmwdon of the project. A description and cost :.d3 , . ofthe Phase 11 work shall be submitted along with the Phase 1 application for Board nMew. (2) Property Control: The site of a new proposed hard -based development projed, with the acoeption of those projects requesting Small -Scale Spoil Island Restoration and went fiueft shall be dedicated for the public use for which the project was intended for a mh dmum period of 3S years affix project completion. Such dedication shall be In the fora of a deed, lease, management agreement or other legally binding document and shall be accorded in the public property records of the county in which the property is loomed. This property control requirement also applies to a project site owned by another governmental cooly. The nutty that owns the project site may be joined as a co -applicant to men this propuly control nequir t"'", Existing land based development projects that are being repaired, replaced a modified must demonstrate that the project site has been dedicated for public use for at least 25 yearn with at least 10 years remaining on the dedication, document. Property shall also be deemed d.11r., • 4 for public use If.. (a) The property has been designated fa the are for which lice project is intended (even thwo these may have ban no lamed dedication) In a plat or map recorded prior to 1940. or (b) The project sponsor demonstrates that it has hail oWusive control over the prapaly for the public use for which the project Is intended for a period ofat least 30 years prior to submission ofthe application. or (e) Thera Is no ongoing litigation challenging the designated am oftite property as shown on the plat or map, nor has there beta emir judicial determination contrary to the use by the public for the use shown on the plat or asap. (3) Permits: The project sponsor Is responsible fbr obtaining and ablding by aqy and all federal, state and local permits, lows, proprietary authorizatim and regulwans its the development and operdon of the project. Appiicmrnts for construction projects that include elements that require sm or federal environmental permits or proprietary atalcorizetions will demonstrate that all req *W erwh ntnental permitting and - if--- zetioris will be completed by the third Monday In September. This di moratredon will be by submission of the required em+1-onmemtel perm1t(s) and authorizations, or by submission of a letter iron the agencay(s) Ming that a permit or aath tfon is rat required. Fahlhre to timely submit the required emrhothtnerhtal permits sad aatborizations or letters stating such permits or sudwrindoas are not required shall result In the application cot being considered for hunting. (4) Public Marina Ali public marina projects *AM through this program shell include sewage punnpout &cilit£es for vessels, unless the applicant can demonsumte that inclusion of such a fbeilfty is physically, ova -ad omally or �• •'ly ,,�.� t* All public marina projects fuuM throgo this program shall have at least ten pera t (103b) of their slips or mooring areas available for trernsia t vessels. Public marina desire rates shall be within mukct eamparlson ofthhe dodmge rates of other area marlrnas. The public mama will be required to establish and maintain on ,a, • - - uating of the funds for the flailing and "I plan for and retain at all times sufficient funds for the on-Solag —1,: t, -, -.11 . f of the facility during its project life. (S) The District mW assist eligible local its with efforts to prepare and Implemaat a eomgreheroive maritme management plan. The plan shall be utilized by the eligible government to promote ad maximize the public bendt and enjoyment of eligible waterways, while ideadfj►hmg and prioritizing the waterway access cads of the community. The plan should not duplicate any existing or or VWS efforts for the same wate *W or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing phans may be updated at reasonable intervals or amended to Include waterway areas previously to iaetuded In, the original effort. Public, government, emV %FMrnethtal, industry and other padnent interest groups shall be solicited and included for Input In the planning process. (b) The plan shall be utilized as'a tool to provide a minimum S-year planning analysis and forest for the maritime needs of the community, and shall include, at minimum, the following: - l. Public boat ramp and ramp padding iaventoryanal analysis. 2. Public mooring ad docking facility analysis. Including day docks and transient slips. 3. Commendal and waricing waoerfnant idandf radon and needs analyst. 4. The Idert;ifccatiorh, location, condition and analysis ofeudstin and potential navigation S. An Inventory and assessment of ale public shomllneL 6. Public Waterway traaspo lad needs. 7. Environmental eonditlan that affect boat facility sift a current resource Inventmy survey. and restoration oppor S. Economic conditions afreeft the boatingcoatncunhty and boadng'%M119anw 9. Acknowledgment mrel coordination with existing data and hnfom don, Including an emphasis on, the Instal Waterway. (c) Projects requested for 9t1,i,*rf01:I"•a program fimdirng shall be • +1b441r with the app[hcanes maritime martMeman plate. The applicant should utma the plan to assist In pdo tiziag waterwW impravememt projects,, (6) All eligible awirortmcatal mim or mitiption Imajcm as well as the cavironmexhtal restoration, enhhanoemad or mitigation components of other types of projects shall be required to pursue and assign any available mitigation creditac to the District for that share of the project funded threw the District's Assistance Program. All eligible environmental restoration,;, P N'. • 01*."1,, I a mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the ellgiblligr ofa Project or specific project coats. JWeeaaNbrg Artthorlty 374.976(2) FS` Law 1rsp1=wmed 374.976(1)-0) FS H&Wy-HW 1217-94 AmarjW "-9Z 62"3. 2-3-94. ¢12-q3. 9- 3 0. 24-97. Fome* 16T-2.6& AmauW 547-99 3.31-99. S-2W. 3-21-01. 7.30-02. 94"3. 3-3.04, 4-1347. 3 25-M 4-1-09. 2 22-10.3-7- 11. 3-7.12.1-27-14. 2-17-13. 2-21-16r 3,?S 2L 3-9-21 6611.2m9 project Adtninf$tratioa. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent. who will be a member of the eligible applicant's staff. to ad on its behalf in carrying out the tams of the project agreement. Administration of the proJext will be as follows: (1) Project Agreement: For each flouted project; the District and the project sponsor will enter Into a project agreement. The project agreement shall be executed and reumrsed by the project sponsor within sire (6) months of the approval of the project funding and prior to the release of program funk setting forth the mutual obligations of the parties; concurring the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one„ one-year extension. Any request fbr a one-year extension of ftutding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no deter than duly of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board. whose decision shall be final. In review of these requests, the Board will tape into consideration the: current status and progress of the project and the ability of the applicant to complete the project within ate additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching fiords it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable e videnoe that it has the matching funds available at the time the project agreement is executed. (3) A,; i 66.:,cent Modlfioatiow. All proposed duuWs to the project agreement must be submitted to the District in wilting by the: protect spmw accompanied by a statarnent of justificadon for the proposed changes. All protect agreement amendments shall be ap;=ved by the District Board, except first the Executive Director may approve a minor project agreement antendnhent for a project within a eau my with the local District commissioner's concurrence. A minor protect amendment shall not chentge the approved projet's cadegary, result In a reallocation of more than 35% of the approved funding of the project among project demexhss, nor allow for a greater than 35% cange in the project scale or scope of work. Project agreement arrumdatents will not include a change to the approved projeces location or a change In the approved proje Ws purpose or project type. Agreed dha qp shall be evidenced by a formal amendment to the project agreement and shall be In compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplishedi since the last report, problems encountered. , jr .. ip. l; Se ofproject completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted an Form 95-02, "Assistetce Program Project Qua wdy Status Report." dated 7-30-02, hereby incorporated by refmacx and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project flnal test, project benefits to the waterway and location addross. (3) Reimbursement Request The bison agent mttp► submit periodic reimbursement requests during the project period In accordance with Rule 6613-2A11, F.A.C. Tlhe project manager will approve or disapprove all reinmburserhent requests. The final payment of program funds will be made upon codified completion of the project by the District (6) Project InVection. Upon reasonable raeque s4 the project manager shall have the right to inspect tie project and any and ail records rung to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which tie project was approved. if the completion of a project Is Impacted by a declared state of emergency and the: Board waives this rule; section. the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the 1'palson agent shall provide the following to the project manager: (a) A Project Completion Certificate. FIND Farm No. 90-13 (effective date 7-30-021 hereby incorporated by reference and avallable from the District of3ice, which cerdifies that the project was completed In accordance with the protect agreement and the find project plains. (b) A final r+eirnbwrsemerht request accompanied by all required billing swoments and vouchers. (c) Photograph(s) showing the installation ofthe sign requked by Rule 668-2.013. F.A.C. (d) Photogcaph(s) of the oampletcd pr god cleedy showing tits program intpzovemeats. (9) Project Completion Review: The project mmqw will review the project eompletiot package and will authorize or reject the feel reimbursement payment which will Include all retained fiords from previous requests. Rtdmak ft AnOWI y 374.976(2) FS Law IWkm= ed 374.976(1) FS. HLsl+ety-New 12-17-M Forwerly 16T-I009. Aaratded 3-21-01. 7,3"Z 3-7.11.1-27-14. 3-25.21. "13-2.011 R,etmbarsement. The District shall release program ftnnds is seoardanoe with the terms and conditions set fidh in the pwJMagreement. This release of progrem Binds stall be on a rahnbursematt only basis. Tits District shall reimburse tare project sponsor for project oasts expel" an the project in accordance with the project agreemem Project finds to be reimbursed will require the submission of a itein�bursemeat Request Forst and required supporting documah M,, FIND Form No. 90-14 (dMetive date 7.30-02) hereby Incorporated by refeenae and available fbm the District office. (I)Authorized Expendithr+ea: Project fiords shall not be spent except as vvl:it the project a that was approved by the Board, which shall be an attachment to the project agreement. This cost �'Imate will establish the maximum flhndhhg,y,.rtr....,• 9 provided by the District and the percentap of fimdiag provided by each party to die project. The District will pay the lesser of., (a) The percentW total ofprgm fiindihtg that the Board has agreed to fiord, or (b) The maximum application firtdhhg a + amount. (2) Phase 1 Reimbursement: In eoeodance with these rules, went cannot be made on a Phase I application. until a c nsbuction mom Is by the appllcxmt for the oaustruction phase of the project, If the Phase I project Is completed but a construction contract Is not r,- � -" by the three (3) year project deadline, dhen the District shall only allow one (1) year fiom the Phase 1 project deadline to cater into the required construction contract before the Phase I funding Is r-A-11-1 (3) Reimbursement Requests: All project costs shall be reported to the District and sumac on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing swernatt4 fbr wok perfomned and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until fhral certification of completion of the project. The District shall withhold any reimbursement payment either in whole or part, for non-compliance with the terms of this agreemenL (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public oamrmissioa sheeting or public dedication eeretmony fordw project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional fihading for the project costs from another source that was not identified In the original application and that changes the agreement cost -stare percentage, the project sponsor shall proportionately reimburse die District's program fluids equal to the cost -share percentage In the approved project agreement. The project sponsor shall promptly nod* the District of any project payments It receives fbom a source other than the District. Rtdaamft Aut*w* 374.976(2) M Law lo#emoted 374.9760) FS Hktoo New 12-1740, Aatended 6.24-03. Farm w& 16T•1Dll. Amu ded "/-99. 7-3060Z 3.7-11. 6613-2Al2 Accountability. The following procedures shall govern the accountability of program ft &-. (1) A000unt W Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and fbr malnuft rng such finanelal records as necessary to properly - • ° unt for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 668-2.009(4)6 F.A.G. (3) Completion Certification: All required final completion certification docu mews and materials as outlined In subsection 668- 2.009(8), F.A.C., ofdda cola shall be submitted to the District prior to final reimbursement of program fluids. (4) Auditing: All project records hWuding project costs shall be available for review by the District or by an auditor selected by the District for 3 years aft completion of the project. Any such audit e q incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years aft either die completion of the project or the final - d I ursemexnt payment, whichever is later, except that should any Udgadoe, claim, or spade' audit arise before the expiredon of the three year period, die project visor shall mWn all records until do final resolution of such (6) Repaymexit: If it Is found by any Stele, County, FIND, or independent audit that program fuAds have not bear used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program Raids to the Dlstriex. AMkM& g Aural 374.976Q) F3. Law laud 374.976(1) Fx NlsaaryNew 12.17-90. Fonomy 16T•Z01Z Aarem*d 7WWZ 668-2.013 Acknowledganant. The project sponsor shall mart a permanent sign, approved by die District, at the entrance to die project she which indicates the District's participation In the project. This sign shall contain the FIND logo. in the event that the paject sponsor erects a tcntporaryr construction sign, this sign shall also recognize the DWict's per. If the final product of the project Is a report, sa dy or ether publication, the District's sponsorship of that publlcation shall be prominently Indicated at tit$ beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation In the project shall be contained in the display. Rule dit AudWfty 37A976M Fx Low latplaewrmd 374.976(1) FS. Nteory-New 12-17-94 Famw& MT-201 A AArsx*d 212-1A 6511-2.014 Small -Seale Spoil Island Restoration and Enhancement Projeets. Proposals shall be d for the „ MJ1r, ;'on or enhanoenent ofspoil islands and natural Islands within the District's waterways for rec pagarmt, navigadonal, educational, and exhvironmerntal proposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Proceftre — A Request for Proposals procedure will be used to request proposals for cronsideratian Proposals shall follow the format described in FIND Document 003-02. Call for Proposals — Small -Scale Spoil Island Restoration and Enhanoameat Program (effective date 7-30.02� hereby Incorporated by woe and available f = the District offIcL Proposals may be submitted to die DIstdd and considered by the Board at ally time during the year. (2) Matching Fords: Small-scale spoil island restoration and eaIesriaenernt may qualify for up to ninety percent (90%) program AWL The applicant's ton percent (10%) matching iiumds may include in4dad contribution pursusut to paragraph 6611-2.014(4)ft F.A.C. (3) Eligibility: All proposals must meet the fbllowing eligibility criteria to be considered for WhW (a) Msmagameunt Plan Compliance: Projects shall be In compliance with the provisions of any Spoil Island Management plains or other miamagemnetet plans that govern die Project site. (b) Property Control: The Project Sponsar must have written pro" rights on the Project site to WV and maintain the Project for a minimum of five years. Such property rights can be In the fomh of a lease, Irterlocal agreement, use gpx=ent or other legal form approved by the District. The applicant shall include a map clearly delineating the location ofall proposed work included In the applicatiom (4) Fhmids Allocation: Feeds shall be allocated purucent to Rule 66B-2.005. F.A.C.. subject to rite exceptions idealised In this rule, and with the fbilowheg additions: (a) The District shall fluid a maximum of up to $7,500 per project, rat to exceed =00 per County, per weal year. (b) The Project Spmw may contn1ma in -kind macron labor, such In -kind construction isbar costs will not be counted by the District as exceeding a10.00 par honer. No administrative costs can be incorporated into the Project as Project poets. (c) The fitndlng provided by die District shall a* be allocated for speoiso Project expen.4, such as co=muction materials, plant materials, herbicides, eta. The handing provided by the MrIct shall not be allocated for parties, food or beverages. Run g AordWfV 374.97d(21 Far Law 1wplemwtwd 374.976(1) Fx lfWWP-Mw 7-3"Z Ambled 4-24-04 3-7-11. 3-25-21. 658-2.015 Smati-Scare Derdlet Vessel Removal Projects. Proposals shall be accepted far financial assisteiro for die removal of derelien vessels within die District's waterways. The applicable provisions of this mle apply to these applications with the fallowing additions or exceptions: (1) Application Procedure — ApplI aadons shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (efbbetive date 4-24-04 and FIND Form No. 01.06 (Small-scale Derelict Vessel Removal Program -- Project Coat Estimate), (effective data 4-2406). hereby incorporated by reftenoe and available R+om the Dis:rIct office. Applications may be submitted to the District and cooddered by the Board at any time daring the year. (2) The District shall only f and applicants that have identified derelict vessels to be removed and have a current bid for removal for such vess* or have completed the removal of such vessels within the 6 nnonths preceding the application. subject to dgi 1ky under these pmgm rotes. (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 on a reimbursement basis only. The Multation on praagr+oatitact , A *, ..., 6.j may be waived by the Board In accordance with subsection 66B-2JM(3), F.A.C. (S) The eligible applicant must provide the remaining matching funds for pgeet completion. In no case shall the Distriat's cost- start contribution exceed 75% of the total project costs. In-house project manopment or administration costs are not elwe costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall Include a map clearly delineating the location ofall vessels included in the application. (7) The District shall be mcogntzod when possible In all written, audlo or video adverting and promotions as a pmddpating sponsor ofthe program. (8) Tice fueling 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 applicat. (9) The applicant shall be ramble for all maintausace, tterzt, disposal and operating expenses wed with the program- (10) Fends derived f vm the sale of mqr derelict vessels or vessel parts removed through this grant program must be reinvested Into the applicaat's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of iuteding for this program. Ruleara ft Auftro 374.976(4 FS law 1mpl mewed 374 976(1) FS. Nhtorp-New 4-24-ft Aatended 4-13-07. 3-23.08. 3.7-11,1-27-14. 3.23- 21.3-9-23. 668-2.016 Waterways Ckwup Events. Proposals shall be accepted for financial assistance for the organized removal of refinsa within the District's w;,i, . r i,; A The applicable provision of this rule apply to these applications with the following additions or exceptions: (1) Application Procedume: Prior to the event, a request for funding shall be submitted to the District by means of a cover Inter detailing the ,...,.men. W., of the cleanupl, contact hfiamadon, a map ofthe c1co p locations. and the general param,1; 64, ofthe event. In addition. the Applicant will submit a detailed budget clearly delineating the zTe ndlitme of all District fwds, as well as the overall general budget ofthe evwL Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fumd a maximum of one clean-up program per waterway, per year within a count-s with exception to the provisions of subsections (8) through (ft below. (3) Applicant 1311011h r. Tice dean -up program must be sponsored by a government agency or a registered not, funrofit corporation. (4) FundfAV District funding shall be limited to $5,000 per waterway. per countyj except for the provisions of subsections (8) through (10). below. (S) The District shall be recognized to all written, online, audlo or video advertising and promotions as a participating sponsor ofthe clean-up program. (6) Funding Bligibiffir. The fundtgg provided by the District shall only be allocated to reimburse the applicant for out of poekct expenditures related to specific cleanup propam «. ,rPvi.,.jk4such as trash bags, trash eoilectiom haul and landfill fem gloves, advertising, T-shirts,, and refaThe fu eft provided by the District shall not W allocated for parties, mom, food or (7) The District Board shall make all final decisiow concerning the provision of funding for a dean -up program,. In addition to the requirmaents stated above, a cleanup program 1--- I- attit� all of the following additional Incentives will qualify for up to additional SS.= in dean up iitads. (8)'IU clean-up program budget must provide equal or greater matAtg surds for all Navigation District fitdtng. (9) The applicant shall tally sod report the coalition and location of dte waterway -related deluis. with the goal to show definitive pQ,% �w In the �mucur tdo(J�fgrefus`e� collected, a reduction in the o�rall ddwb in the waterway, or as f in Ow number of addid� , l I Y I /� , I I Y, arcs hwhuled in the elan up. (10) For cub additional $1,000 in Navigation District fimdht& dw applicant shall coordinate a min um of one waterway eollecdon point or clan rep area, or an applicant can conduct an addidonal waterway cleanup prograta for the waterway areas. Ra1wwftAU&Or11y3X976(2)FS Law h plwuwed3X976(1))M Mkft y-Neww 3-7-11. E7=IT C FLORIDA D AND 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 Count¢ Sheriff's Office and Florida Fish & Wildlife Conservation Comnissini2 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. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) 16 EXHIBIT D FLORIDA WI.AND HAVIGATiON RiCT ASSWANCE PROt�RA PAYRIM REMURMEL6'N'I' REQUEgT FORM Amount of Assistance A. Less Previous Total Cisburserneds a. and Less Previous Total Retainage Held Balance Available Funds Requested C. Mess Refiatnage (-10% unless final) D. Check Amount Amount of Assistance Less Total Prior and Current Payments including all retainage held (B+C) Balance Remaining Expense 1plian (Should ComsOnd to Cost Ealmate $beet In EWbit "A") SCHEDULE OF EXPOIDMIRES Check No. Td d V NWM ww Data Goat '3� WILING M. � C� FIND - Foon No. M14 JMM 8f ub= PoWhd an Pap Zj Effedhe Date 7.MM FIND - Form No. W14 Page TWO Expense Description (Shotild correspond to Cost Eadmatie Sheet Categories In Exhlbk "A") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Toted Vendor Name and Date Cost Applicant FIND Cost Cost Certftedon for Relinbwsernot I certify that the above expenses were necessary and reasonable for the wo 9 r r U M of the approved project and that these eocpenses are In accordance with ExhM W of the Prqed Agreemerit , Project Uahm *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 - FOnm No. W14 Effed w Date 7R30.02) pia E FL )RIDA DM AND NAVIGATION D TRICT ' &ANCB PROGRAM Sponsor: Project Title: Project Comple#ioa Cerdfication Project #. I hereby certify that the Above referenced project was completed in accair dance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 920 , and that all Ands were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: 77 *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 (Effeedve D=12-17-M RevbW 7-30.02) EIIIIBIT 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.orglassistance-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 June 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. ANYMODIFICATIONS 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 1-1 bun: mm.aim.omsiudie, and inlunualiun bids files Mans_lue_us lu us. hnprevize documentgemer rz6l7 DISTRI SEBASTIAN (lE MMI1l0rllIAN 1914-1014 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 (#1) under the CoastalWide LLC Consultant Service Agreement (CSA) FY 2023/2024 for grant administration services. Background: 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 Sheriffs 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 Re(/uires Enenditure 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 #1 — CoastalWide LLC 2. FIND Project Agreement (executed) Administrative Services Department Review./ City Attorney Review: Procurement Division Revi if applicable: City Manager Authorization: Brian °�w-.�aa�,�,� Date: Benton �e�M 01031]903B-M p'