HomeMy WebLinkAbout01-24-2024 CRA AgendaF aIMAT410liyI
The heading on Regular Meeting agendas 'Public Input"provides an opportunityfor individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON
THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of materials for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE COMMUNITY —
REDEVELOPMENT AGENCY MEETING
A. Approval of Minutes — December 13, 2023 CRA Meeting
B. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along
Indian River Drive in the CRA District (Transmittal, Details)
C. Approve Grant Administration Services from CoastalWide LLC for the Working
Waterfront Expansion, Phase 1 (Transmittal, CSA#3, Agreement)
9. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND _
RECONVENE THE CITY COUNCIL MEETING
10. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There
will be no separate discussion of consent agenda items unless a member of City Council so
requests; in which event, the item will be removed and acted upon separately. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
A. Approval of Minutes — January 10, 2024 Regular City Council Meeting
B. Approve the Use of the City Council Chambers with No Fee for the Florida
Inland Navigation District (FIND) to Conduct Their Quarterly Board Meeting on
Friday, February 16, 2024 (Transmittal)
11. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public
input or action except for City committee member nominations and appointments under
this heading.
12. PUBLIC HEARINGS
Ouasi-Judicial Public Hearines:
Mayor opens hearing
Attorney reads ordinance title
City Council Members disclose ex parte communication
City Clerk swears in those who intend to provide testimony
Applicant makes their presentation
Staff presents their findings
City Council asks questions of applicant or staff
SEBASTIAN
(ENTENNIAL CELEBRATION
191E • 101(
COMMUNITY REDEVELOPMENT AGENCY
1225 Main Street, Sebastian, FL 32958
The attached December 13, 2023 Community Redevelopment Agency minutes were
approved at the January 24, 2024 Community Redevelopment Agency meeting.
Chairman Ed Dodd
Jeanette Williams, City Clerk
Regular City Council
& CRA Meeting
December 13, 2023
Page 2
Mayor Dodd announced that not only did the Indian River County School District receive
an "A" this week but also the Sebastian Sharks Football Team received an "A." Head
Coach Tyrone Perry introduced his coaching staff. Freddie Bass, Brad Butler, Lewis
Caswell, Stuart Fletcher, William Franklin, Ron Freeman, Rob Harris, Wayne Snow,
Richard White, and Chavar McKenzie.
Mayor Dodd read the proclamation and presented it to Coach Perry who invited the team
to the front of the chamber. Coach Perry presented Council with a helmet signed by all
of the players and a season yearbook. He introduced Principal Christopher Cummings
and Assistant Principal James Thimmer. A slide show highlighting the team was played
and Mayor Dodd noted that given all pressures the school districts are under, this was a
great accomplishment that should be celebrated.
23.204 B. Introduction of New Community Development Director and CRA Manager
Alix Bernard
The City Manager introduced New Community Development Director Alix Bernard who
thanked Council for the warm welcome.
BriefAnnouncements:
December 15 — Sebastian Police Department's Family Movie Night "Polar Express"— 6pm
December 16 - Wreaths Across America at the Veterans Memorial at Riverview Park — Noon
Vice Mayor Dixon announced the upcoming events and added that if anyone would like
to participate in putting the wreaths on the veterans' graves they should meet at the
cemetery at 10:30 a.m.
PUBLIC INPUT - None
8. Mayor Dodd recessed the City Council meeting and convened the Community Qf
Redevelopment Agency meeting at 6:18 p.m.
A. MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the September 27,
2023 CPA meeting minutes passed with a unanimous voice vote. 5-0
9. Chairman Dodd adjourned the Community Redevelopment Agency meeting and
reconvened the City Council meeting at 6:19 p.m. All members were present.
9. CONSENT AGENDA
23.105 A. Approval to Name Archangel Engineering & Construction, Inc. as the Design -
Build Firm to be Used in Response to RFQ 23-12 — Design Build Hangar D
Office Spaces at Sebastian Municipal Airport and Authorizing Negotiations for a
Guaranteed Maximum Price (GMP) Contract (Transmittal, Scoring Tab, R-23-13,
Termination Letter)
Council Meeting Date: January 24, 2024
Agenda Item Title: Approve the Design of the Sebastian Lagoon Walk Kiosks to be placed along
Indian River Drive in the CRA district.
Recommendation: The Community Development Department recommends that City Council
approve the proposed design of wayfinding kiosks to be placed along the
Sebastian lagoon Walk.
Background: In July of 2020 City Council approved a Signage Master Plan over a three
year period to replace or install signs throughout the City including those at parks, entranceways to the City
and wayfinding signs in public spaces. This project creates a consistent theme throughout our parks and
public spaces.
The uniformed siguage can be seen all through the City at the different municipal buildings and parks. The
final leg of this program is to install three wayfinding kiosks along the Sebastian Lagoon Walk on Indian
River Drive.
The first of these kiosks is planned to be installed just north of Jackson Street on Indian River Drive, the
second at the Main Street Boat Ramp and the third at Riverview Park. There is approximately 0.75 miles
between the signs, which will allow for the community and visitors alike to know how long of a walk it is
prior to getting to their intended destination. In addition, there is a space allotted on the kiosks for news and
upcoming events.
If Agenda Item Re() wires Expenditure of Funds:
Budgeted Amount: $15,000.00
Total Cost: $14,310.00
Funds to Be Utilized for Appropriation: Community Redevelopment (CRA Project)
Attachments:
1. Kiosk Prototype Details
Administrative Services Deparpne tt Reviewwe
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City Attorney Review: J�
Procurement Division Review, iifapplicable: /
City Manager Authorization: / lA
Date: i % 0 ay_ ///
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SEBASTIAN
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CRA BOARD AGENDA TRANSMITTAL
Council Meetint Date: January 24, 2024
Agenda Item Title: Approve Grant Administration Services from CoastalWide LLC for the
Working Waterfront Expansion, Phase 1.
Recommendation: The Community Development Department recommends that City Council
approve a Work Authorization (#3) under the CoastalWide LLC Consultant
Service Agreement (CSA) FY 2023/2024 for Grant Administration Services.
Backeround: Existing facilities at the Fisherman's Landing Working Waterfront Park are
smaller in size than adjacent private marinas along the Sebastian waterfront and has taken steps with the
FDEP to expand the existing Submerged Land lease. The City of Sebastian has received notification of a
grant award from Florida Inland Navigational District (FIND) in the amount of $120,000 for the Working
Waterfront Expansion, Phase 1. The FIND grant will provide the opportunity to expand the docks and slips
necessary to accommodate the ever expanding need for more slip space for the commercial fisherman and our
existing clam and oyster aquaculture farms.
The City currently has an existing Consultant Service Agreement CSA-03 (RFQ #23-06) with Coastalwide
LLC which will provide permit, design and engineering services for the Working Waterfront Expansion to
create additional dock and berthing for commercial fishing vessels and assorted upland improvements. Staff
is seeking approval to execute a Work Authorization (43) under this Agreement for this project.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: $120,000.00
Total Cost: $120,000.00
Funds to Be Utilized for Appropriation: $60,000 FIND Grant
$60,000 Community Redevelopment Fund (CRA)
Attachments:
1. CSA #3 — CoastalWide LLC
2. FIND Project Agreement (executed)
Administrative Services Department /IReview:
City Attorney Review:
Ii
Procurement Division ew, if applicable: "tn.J!
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City Manager Authorization: lot -
Date: 1/J7 /;L0A-q Y�
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
CoastalWide LLC
1443 20'' Street
Vero Beach, Florida 32960
Work Authorization No: CSA — 03 (RFQ #23-06)
Protect Title: Working Waterfront Expansion
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 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 provide permit, design, and
engineering services for the Working Waterfront Expansion to create additional dock and berthing for commercial fishing vessels and
assorted upland improvements as further described below.
The City shall supply the Vendor with the existing electronic (CAD) survey drawing of the dock facility.
The work/project will include:
Task 1: Pre -Design City and Stakeholder Meeting — The Vendor shall conduct a "Pre -Design City and Stakeholder Meeting" to
prepare the concept design, review alternatives and lesson learned from the existing Initial Phase of the Working Waterfront
project, review customer needs, major design features, plumbing and electrical systems, and parametric construction cost
estimate. Also, the meeting is to discuss the project budget, funding requirements, and environmental permitting associated
with the site.
This Vendor shall prepare meeting minutes that present the scope of the project and the selected alternative that meets the
City and stakeholder requirements for the proposed (over -water) dock and marina improvement layout and the (upland)
parking improvements, and the selected alternatives and options for moving forward with the project.
Task 2: Conceptual Design / Alternative Dock and Submerged Lands Layouts — Based upon the results of the Task 1 Pre -Design
City and Stakeholder Meeting, described above the conceptual design shall be prepared by the Vendor to include over -water
(dock and marina) and upland (parking and stormwater) design concepts. The Vendor shall present the design concept
alternatives for final selection by City staff. Each phase of design will include an update Engineers Estimate of Probable
Construction Costs presented in a Bid Form format.
Task 3a: DEP Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the Department of
Environmental Protection (DEP) staff to discuss the conceptual plan for installation of a proposed dock/marina extension
improvements and identify any preliminary comments expected from state commenting agencies, including Florida Fish and
Wildlife Conservation Commission FFWCC.
The Vendor shall present conceptual design drawings of over -water improvements prepared under a separate task as
described above, to use during the discussions of the project with FDEP staff. The Vendor shall prepare minutes of the pre -
application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated
accommodation shall be included in the fee for this task.
Task 3b: USACE Individual Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the United
States Army Corps of Engineers (USACE) staff to discuss the conceptual plan for installation of a proposed dock/marina
extension improvements. The Vendor shall verify the requisite permit process and delineate the federal commenting agencies
(USFWS, NMFS, etc.) that will be consulted by the USACE staff for this proposed project.
The Vendor shall present conceptual design drawings of over -water improvements prepared under a separate task as
described above, to use during the discussions of the project with USACE staff. The Vendor shall prepare minutes of the pre -
application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated
accommodation shall be included in the fee for this task.
Task 3c: SJRWMD Stormwater Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the St.
Johns Water Management District (SJRWMD) staff to discuss the conceptual plan for parking and stormwater improvements
and identify the extent of required stormwater calculations required for the typetsize of the proposed improvements.
The Vendor shall present conceptual design drawings of upland improvements prepared under a separate task as described
above, to use during the discussions of the project with SJRWMD staff. The Vendor shall prepare minutes of the pre -
application conference. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the
fee for this task.
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
Task 3d: DEP/DACS Submerged Land Lease Modification Pre -Application Meeting — The Vendor shall conduct a pre -application
meeting with the Florida Department of Environmental Protection (DEP) / Florida Department of Agriculture & Consumer
Services (DACS) Submerged Land Lease staff to discuss the conceptual plan for expansion of the existing Sovereign
Submerged Land Lease (SSLL). The Vendor shall verify the requisite permit process and delineate the procedures and
necessity for potential scheduling of the Board of Trustees (BOT) / Governor and Cabinet approval.
The Vendor shall present a draft land lease limit survey (by Vendors survey subconsultant) that depicts the new expansion of
the submerged land lease area, to use during the discussions of the project with DEP/DACS SSLL staff. The Vendor shall
prepare minutes of the pre -application conference. All Vendor expenses to prepare and conduct this meeting including for
travel and associated accommodation shall be included in the fee for this task.
Task 3e: City of Sebastian Development Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting
with the City of Sebastian Community Development Staff to discuss the conceptual plan for installation of proposed (upland)
parking and stormwater improvements and proposed (over -water) dock/marina extension improvements and identify any
preliminary comments expected from City Community Development staff and other applicable City department staff.
The Vendor shall present conceptual design drawings of both upland and over -water improvements prepared under a
separate task as described above, to use during the discussions of the project with City staff. The Vendor shall prepare
minutes of the pre -application conference with City staff. All Vendor expenses to prepare and conduct this meeting including
for travel shall be included in the fee for this task.
Task 4: Preliminary Design Services — The Vendor shall design the proposed 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 for over -water
construction shall be in accordance with USACE standards for docking facilities. The engineered design will include decking,
stringers, pile caps, dock piles, and mooring piles. Each phase of design will include an update Engineers Estimate of
Probable Construction Costs presented in a Bid Form format.
Task 5a: DEP Permit Application — The Vendor shall prepare and submit a request to DEP for an Individual ERP (Environmental
Resource Permit) to perform the work described below for a new dock, in accordance with Florida Administrative Code
(F.A.C.) 62-330 and the Applicant's Handbook and in conjunction with US Army Corps of Engineers (USACE) permit
application (See Task 5b, below). The Vendor shall provide the required data as requested by the DEP permit application to
facilitate the issuance of the DEP permit, including resource data (Seagrass survey) to be provided by the City to address the
construction within the Indian River -Malabar to Vero Beach Aquatic Preserve. The Vendor shall prepare Form 62-330.060(1) -
Application for Individual and Conceptual Approval Environmental Resource Permit with accompanying required supporting
documentation with exception of the following:
1. Aquatic Resource Survey for wetland and surface waters (A Submerged Aquatic Vegetation (SAV), or seagrass
survey, has been obtained by the City; An UMAM may not have been prepared by the City and may not be needed).
2. A Facility Management Plan (FMP) (unless an FPM exists that the Vendor can update, otherwise Vendor can provide
a new plan under separate authorization).
3. A bathymetric survey (Already prepared by City).
4. Water and sediment testing data, tidal conditions, tidal current measurements, and simulations of hydrodynamic
conditions and water quality that may or may not be requested by the agency (Vendor can provide these services if
required by the DEP under separate authorization).*
5. Mitigation bank permit (Vendor can provide these services if required by the DEP under separate authorization).
*Regarding hydrographic data, it is expected that the Vendor shall select from the permit application options, the submittal
of a "certifrcatlon from a Florida -registered professional clearly stating that, due to the design, nature, and/or location of
the proposed structures, works, or other activities, that the project does not have the potential to add pollutants to, or
result in an adverse change to, the patterns of flow, circulation, erosion, deposition, or littoral transport of a waterbody,
AND (has) not been previously informed by the reviewing agency that hydrographic information will be required. A copy
of the Florida -registered professional's certification must be included with this application. "
If the City provided SAV is in a scaled coordinate correct digital format (geospatial CAD or GIS file format), the vendor shall
prepare a Surface Water Area spreadsheet to calculate surface water impacts. If the data is not in a scaled coordinate
correct format, the Vendor shall assist the City in obtaining this data from the City's SAV consultant, or the Vendor can perform
this work under a separate authorization.
The City of Sebastian shall provide all application fees associated with the DEP Permit Application.
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
Task 5b: USACE Individual Permit Application — The Vendor shall prepare an Individual Permit Application to submit to U.S. Army
Corps of Engineers (USACE) in conjunction with Florida Department of Environmental Protection (DEP) permit application
(See Task 5a, above). The Vendor shall prepare a Section 7 NMFS Checklist and Manatee Questionnaire; an aerial of the
Project site; descriptions of sedimentation and turbidity control measures; and construction methodology for submittal with the
application.
The City of Sebastian shall provide all application fees associated with the USACE Permit Application. The consulting fees for
the Vendor work associated with the USACE permit application (Task 5b) is due to the Vendor whether a joint DEP/USACE
permit application or separate DEP and USCAE permit applications are to be submitted.
Task 5c: SJRWMD Stormwater Permit Application — The Vendor shall conduct a pre -application meeting with the St. Johns River
Water Management District (SJRWMD) staff regarding upland parking lot proposed Improvements and associated stormwater
design. The Vendor shall submit conceptual design drawings to create permit sketches for the non -water, upland proposed
improvements; the sketches will incorporate the results of the pre -application meeting and proposed changes by the OWNER
as well as be based upon the property topographic survey (provided by the OWNER). The Vendor shall prepare and submit a
SJRWMD Application for a permit modification of the existing SJRWMD permit.
The City of Sebastian shall provide all application fees associated with the SJRWMD Permit Application.
Task 5d: DEPIDACS Submerged Land Lease Modification — The Vendor shall prepare the Florida Department of Environmental
Protection (DEP) / Florida Department of Agriculture & Consumer Services (DACS) Submerged Land Lease Boundary
application for a modification to the existing Sovereign Submerged Land Lease (SSLL) and provide the required SSLL
boundary survey in accordance with DEP requirements SLER-0950, per Florida Administrative Code (F.A.C.) 62-330.060(1)
Sec. F.
The City of Sebastian shall provide all application fees associated with the DEP/DACS Submerged Land Lease Modification
Application and any subsequent lease fees.
Task 5e: City of Sebastian Development Permit — The Vendor shall submit a Code Compliance Certification Application to the City of
Sebastian (COS) including design sketches signed and sealed for this application. The Vendor shall complete the necessary
City of Sebastian Approval Application with required attachments and submit it to the City for permit approval in accordance
with applicable municipal Code Sections. The Vendor shall complete the necessary municipal Approval Application Forms
including providing the required number of plans, a project description, one (1) aerial of site with project overlaid showing
surrounding 100 feet, one (1) Copy of the Owner's Deed, and Letter of Authorization from Property Owner, as necessary. The
Vendor shall provide evidence of compliance with City of Sebastian applicable regulations and apply for necessary municipal
regulatory permits. The Vendor is not responsible for construction related permits, Including building permits.
The City of Sebastian shall provide all application fees associated with the City related Development Permit Application and
associated permits, if necessary.
Task 6a: DEP Permit Processing — The Vendor shall process the DEP application by responding to a request for additional
information from DEP if necessary. The Vendor shall contact DEP to address staff questions and concerns and to expedite
their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of DEP
rules and regulations, and (b) responses to DEP requests for additional information. The Vendor shall provide written
responses to DEP to address staff requests for additional information. The Vendor shall represent the project before DEP staff
toward securing approval of permits for the project.
The Vendor shall assist the DEP staff with coordination with state commenting agencies; this will include, but is not limited to
telephone discussions, meetings and/or submittal of additional required information requested by the Florida Fish and Wildlife
Conservation Commission (FFWCC).
Task 6b: USACE Individual Permit Processing — The Vendor shall process the USACE application by responding to a request for
additional Information from USACE if necessary. The Vendor shall contact USACE staff to address staff questions and
concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to
(a) interpretation of USACE rules and regulations, and (b) responses to USACE requests for additional information. The
Vendor shall provide written responses to USACE to address staff requests for additional information. The Vendor shall
represent the project before USACE staff toward securing approval of permits for the project.
The Vendor shall assist the USACE staff with issuance of a Public Notice and coordination with federal commenting agencies;
this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information
requested by the U.S. Fish & Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS).
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
Task 6c: SJRWMD Stormwater Permit Processing — The Vendor shall process the SJRWMD application by responding to a request
for additional information from SJRWMD if necessary. The Vendor shall contact SJRWMD staff to address staff questions and
concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to
(a) interpretation of SJRWMD rules and regulations, and (b) responses to SJRWMD requests for additional information. The
Vendor shall represent the project before SJRWMD staff toward securing approval of permits for the project.
Task 6d: DEP/DACS Submerged Land Lease Modification Processing — The Vendor shall process the DEP/DACS Submerged
Land Lease Modification application by responding to a request for additional information from DEP/DACS if necessary. The
Vendor shall contact DEP/DACS SSLL staff to address staff questions and concerns and to expedite their review and
processing of the SSLL modification application. The Vendor shall confer with the OWNER as to (a) interpretation of
DEP/DACS SSLL modification rules and regulations, and (b) responses to DEP/DACS SSLL staff requests for additional
Information. The Vendor shall review the draft submerged land lease limit changes requested by DEP/DACS staff and make
recommendations to City staff regarding these requested changes. The Vendor shall negotiate the final accepted submerged
land lease limit and the Vendor shall present a final land lease limit survey (by Vendor's survey subconsultant) and submit this
to DEP/DACS staff for final processing.
The Vendor shall provide written responses to DEP/DACS SSLL staff to address staff requests for additional Information. The
Vendor shall represent the project before DEP/DACS SSLL staff toward securing approval of permits for the project. The
Vendor shall also contact DEP Submerged Land Lease Bureau to expedite this review by the DEP.
Task 6e: City of Sebastian Development Permit Processing — The Vendor shall process the City of Sebastian (COS) application by
responding to a request for additional Information from COS if necessary.
Task 7: Final Design Services — The Vendor shall prepare final design drawings that will be prepared upon any special regulatory
permit 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.
1. Vendor's Responsibility (include estimated hours, if applicable)
Description
Task 1: Pre -Design City and Stakeholder Meeting
Task 2: Conceptual Design
Task 3a: DEP Permit Pre -Application Meeting
Task 3b: USACE Individual Permit Pre -Application Meetinq
Task 3c: SJRWMD Stormwater Permit Pre -Application Meeting
Task 3d: DEP/DACS Submerged Land Lease Modification Pre -Application Meeting
Task 3e: City of Sebastian Development Permit Pre -Application Meeting
Task 4: Preliminary Design Services
Task 5a: DEP Permit Application
Task 5b: USACE Individual Permit Application
Task 5c: SJRWMD Stormwater Permit Application
Task 5d: DEP/DACS Submerged Land Lease Modification
Task 5e: City of Sebastian Development Permit
Task 6a: DEP Permit Processing
Task 6b: USACE Individual Permit Processing
Task 6c: SJRWMD Stormwater Permit Processinq
Task 6d: DEP/DACS Submerged Land Lease Modification Processing
Task 6e: City of Sebastian Development Permit Processing
Task 7: Final Design Services
Estimated Hours
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
Lump Sum - not applicable
40 hours
40 hours
28 hours
64 hours
12 hours
Lump Sum - not applicable
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR-SE-23-75
This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 64't+
day of 11/mw�Lo l . 20_?a 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 Workin¢ Waterfront Extension Phase 1. 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 Drior 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 atTects 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
ofthe DISTRICT.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE
AMOUNT") no more than flflt percent S ° ("MATCHING PERCENTAGE") of the PROJECT
SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT").
Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT')
will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in
Exhibit A. Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section S
below and shall not, in any event, exceed $ 120.000.00
Anv modificatioks to the PROJECT's Cost Estimate (Exhibit A) shall require written advance
notice and iustification from the PROJECT SPONSOR and the prior written aoaroval of the
DISTRICT.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has
the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE
AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this
AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds
using 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 statements, and bank
statements.
S. PROJECT COSTS - To be eligible for reimbursement under this AGREEMENT,
PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment
of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described
in Exhibit B, Chapter 6613-2, 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 reimbursement by the DISTRICT.
If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from
another source that was not identified in the original application and that changes the AGREEMENT
MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the
DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The
PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from
a source other than the DISTRICT.
6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully
understand and agree that there shall be no reimbursement of funds by the DISTRICT for any
obligation or expenditure made prior to the execution of this 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. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the
DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached
as Exhibit D. Supporting documentation including bills and canceled payment vouchers for
expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT
with any payment request. All records in support of the PROJECT COSTS included in payment
requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the
DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT, upon
submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT
shall retain ten percent (10%) of each installment payment until the completion of the PROJECT.
The following costs, if authorized in -the attached Exhibit B, shall be reimbursed only upon
completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with
Exhibit B: personnel, equipment, project management, administration, inspection, and design,
permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has
otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a
PROJECT approved as Phase I project will be made only upon commencement of construction of the
PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed,
which may or may not involve further DISTRICT funding. Procedures set forth below with respect
to reimbursement by the DISTRICT are subject to this requirement of commencement of
construction.
The DISTRICT shall have the right to withhold any payment hereunder, either in whole or
part, for non-compliance with the terms of this AGREEMENT.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the
PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE
AMOUNT less any prior installment payments. The payment amounts previously retained by the
DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of
the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4)
submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final
Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation
3
accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of
payment of all contractors, material suppliers, engineers, architects, and surveyors with whom
PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER') to provide services
or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such
that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded.
Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by
a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or
public dedication ceremony for the PROJECT.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final
Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT
SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that
starts prior to the expiration of the three-year retention period.
10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this
AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the
PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT
SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not
the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE
AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount
of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and
all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement
as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity.
With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT
SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations
under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which
damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the
DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction,
restraining order, or other equitable remedy with respect to such a breach, the DISTRICT was required
to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT
SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in
addition to such other remedies which may be available, shall have the right to seek specific
performance and injunctive relief, and for purposes of determining whether to grant an equitable
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 PROJECT MANAGER - The Executive Director, or his designee, is
hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and
shall be responsible for monitoring performance of its terms and conditions and for approving all
reimbursement requests prior to payment.
12. PROJECT SPONSORS LIAISON AGENT - 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. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit
to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be
on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design
drawings, engineering drawings, and a copy of the Project bid award construction item cost list will
be submitted as available. Photographs shall be submitted when appropriate to reflect the work
accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state,
and local permits and proprietary authorizations, and all applicable laws and regulations in the
development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall
be designed and constructed in compliance with applicable state and federal statutory requirements
for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and
requirements.
15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed,
the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public of
DISTRICT member counties without regard to age, sex, race, physical handicap, or other condition,
and without regard to residency of the user in another political subdivision.
16. PARKING FACILITIES -Adequate parking shall be made available by the
PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT
is being developed.
17. SITE DEDICATION — FOR LAND -BASED DEVELOPMENT PROJECTS
The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use
5
for which the PROJECT was intended for a minimum period of thirty-five (35) years from the
completion of the PROJECT, such dedication to be in the form of a deed, lease, management
AGREEMENT or other legally binding document. Any change in such dedication shall require the
prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such
dedication within the Public Records of the County in which the PROJECT is located.
18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall
erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT
entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for
the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's
staff before construction and installation of said sign. This sign shall contain the DISTRICT logo
(Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR
erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other
types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in
concurrence with the DISTRICT stars recommendations.
19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR
agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements
and will pay all expenses required for such purposes. The PROJECT improvements shall be
maintained in accordance with the standards of maintenance for other local facilities owned and
operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT
facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPONSOR wan -ants and represents that it
has full legal authority and financial ability to operate and maintain said PROJECT facilities and
improvements.
20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the
general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum
of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and
improvements throughout the anticipated useful life of a development project or the design life of
other project types, as applicable.
21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors, and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity under Section
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its
6
employees, commissioners, and agents are solely providing funding assistance for the PROJECT and
are not involved in the design, construction, operation, or maintenance of the PROJECT.
22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT
shall inure to the benefit of and be binding upon the parties hereto and their respective successors and
assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT.
The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the
express prior written consent of the DISTRICT.
24. WAIVERS - Waiver of a breach of any provisions of this AGREEMENT shall not be
deemed a waiver of any other breach of the same or different provision.
25. NOTICE - Any notice required to be given pursuant to the terms and provisions of
this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt
requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be
effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at:
City of Sebastian
Attention: CRA Manager,
1225 Main Street
Sebastian, FL 32958
26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that
of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an
agent, partner, or joint venturer with the PROJECT SPONSOR.
27. GOVERNING LAW - The validity, interpretation, and performance of this
AGREEMENT shall be controlled and construed according to the laws of the State of Florida.
28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance
to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT
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 attomey's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made a
part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all
prior oral and written communications between them. The terms hereof may be modified only by a
written amendment signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
FLORIDA INLAND NAVIGATION DISTRICT
By:
Executive Director
Date: A/Z3
City oZian
s
y:
Brian Benton
Title: City) Manager
Date: `0).2G%2,27
PROJECT COST ESTIMATE
WATERWAY ASSISTANCE PROGRAM FY 2023
J5M Rule Jectian h¢B-2= & 2,M fsr �IigiJailiiy Q0� f�t>sling.caii�l
Project Title: I WORKING WATERFRONT EXTENSION
Applicant: CRY OF SEBASTIAN
Project Elements
(Please list the MAJOR project elements Total Estimated Applicant's FIND Cost
and provide general costs for each one. Cost Cost
For Phase 1 Projects. please list the major (To the nearest $50) (To the nearest $50)
elements and products expected)
- L
n
Permits Adbt and FDEPIFDACS ti
Ir
Final Engineering Design Plans
Bidding and Advertisement i!
f"TOYALS = I S 120000.00
Fomr No. 90-25 (New 10/14/92. Revised 04-24-06)
I $ 60,000.00
S 60,000.00
Exhibit B 2023
CHAPTER 668-2
WATERWAYS ASSISTANCE PROGRAM
66B-2.001
Purpose
66B-2.002
Forms
66B-2.003
Definitions
66B-2.004
Policy
6613-2.005
Funds Allocation
66B-2.006
Application Process
66B-2.0061
Emergency Applications
66B-2.008
Project Eligibility
6613-2.009
Project Administration
66B-2.011
Reimbursement
6613-2.012
Accountability
66B-2.013
Acknowledgement
66B-2.014
Small -Scale Spoil Island Restoration and Enhancement Projects
6613-2.015
Small -Scale Derelict Vessel Removal Projects
66B-2.016
Waterways Cleanup Events
66B-2.001 Purpose.
Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with
the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law
authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its
waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance
program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District.
This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program.
Rulemaking Authority 374.976(2) FS Law implemented 374.9760) a History -New 12-17-90, Formerly 16T-2.001.
66B-2.002 Forms.
All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter,
Florida 33477.
Rulemaking Authority 374.976(2) F& Law Implemented 374.976(1) FS History -New 12-17-90. Formerly 16T-2.002.
668-2.003 Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT' means an eligible governmental agency submitting an application through this program.
(2) "APPLICATION" means a project proposal with the required documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District.
(4) "BEACH RENOURISHMENT' means the placement of sand on a beach for the nourishment, renourishment or restoration
of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts
within the taxing boundaries of the District.
(9) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for
construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of
Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management
Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District.
(10) "LIAISON AGENT' means the contact person officially designated to act on behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within
the member counties.
(12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically
formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and
respect to the physical, environmental and economic parameters of the planning area.
(13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project.
(14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval,
St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties.
(15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally
authorized navigation related duties in waterways of the District.
(16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the
execution of the project agreement.
(17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program.
(18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor
pursuant to the terns of the project agreement.
(19) "PROJECT' means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use
and benefit of the general public.
(20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual
obligations regarding an approved project.
(21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain
a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to
serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition
that it may be continuously used at its original or designed city and efficiency for its intended purpose.
(22) "PROJECT MANAGER' means the District employee who is responsible for monitoring the performance of the Project
and compliance with the project agreement.
(23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project.
(24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved
application.
(25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a
governmental entity, or operated by a third party operator. The building or facility must provide waterway related information,
public meeting space, or educational services and be open to members of the public on a continual basis without discrimination.
(26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of
which are open to the general public on a first come, first served basis without any qualifying requirements such as club
membership, stock ownership, or differential in price.
(27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area
specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come,
first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's
waterway users.
(28) "WATERWAYS" means the Atlantic Intracoastal Waterway. the Okeechobee Waterway, the Barge Canal in Brevard
County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water
control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural
creeks, rivers, bays or lagoons entering or extending from said waterways.
(29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the
learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the
environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic
relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain
balance between quality of life and quality of the environment of waterways.
Rulemaking Au&orlty 374.976(2) FS Law Implemented 374.976(1) FS History -New 12-17-90, Amended 9 2-92, 24-97. Formerly 16T-2 003,
Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-I1, 3-25-21.
66B-2.004 Policy.
The following constitutes the policy of the District regarding the administration of the program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental
agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development,
construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional
anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management
plans, and boating safety projects directly related to the waterways.
(b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out
public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management,
environmental education, and boating safety projects directly related to the waterways.
(c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition
of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic
Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through
a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for
waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and
inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All
navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may
also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall
benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. -
(d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those
in man-made, navigable waterways contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C.
(2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies
of the program and the upcoming authorized submission period.
(3) Project Approval: Approval of projects by the District shall be in accordance with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the
general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar
condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general
public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities
funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of
all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways
through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for
boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive
approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the
proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the
project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be
maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable
health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and
maintain the project facilities.
(7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the
District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is
the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will
adequately serve the education needs of that area of the District.
(9) Public information Availability: Public information produced with assistance from this program shall not be copyrighted and
shall be provided free of cost, except for the cost of reproduction, to the public.
(9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible
project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of
the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor
through a legal agreement. All third party projects shall be open to the public in accordance with this rule.
(10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the
project sponsor for non-compliance with any of the terms of the project agreement or this rule. if such non-compliance calls into
question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or
the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until
such time as compliance has been met to the satisfaction of the District.
(11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain
an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on -going maintenance of the
facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted
as part of any subsequent assistance program application to the District.
Rnlenjokiiig duihoritr 374.976(2) FS. Lam Implentenied 37a.976(li. (2) FS. Ilistor3—Nov 12-17-90. Amende,12-3-94. 2-6-97, Formerly 16T-2.004,
dnnnded 5-18.98, 3.31-99. 5-25-00. 3-21-01. 7-30.02, 3-3-04. 4-21-05, 4-1-09. 2-12-10, 3-7-11, 3-7-12. 1-27-14, 2-17-13,
66B-2.005 Funds Allocation.
The Board will allocate funding for this program based upon the District's overall goals. management policies. fiscal responsibilities
and operational needs for the upcoming year. 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 front each county. If funds are
detemtined to be available for the program. the District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F)
Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014). hereby incorporated by reference
and available at: hno:1!www.Findes.uretGateway.'referenrtssp7No=Ref-0,iM, and available front the District office or by
download from the District's tvebpage at: wwtv.aicw.org.
(1) Funding .Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial
assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the
District's ad valorem tax collections front 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 front a state of emergency declared under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum,
equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of
subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7), and Rule 66B-2.008,
P.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, F.A.C., derelict
vessel projects consistent with Rule 668-2.0015. F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C.,
and projects approved in counties recovering front a state of emergency. Applicanl'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 (500,0) of the local share of the cost of an inlet management or beach renourishmenl project.
The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project.
(3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the
execution of the project agreement unless authorized by the Board during the review and funding approval process. Board
authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement
if the Board determines that there is a benefit to the District. its waterways or its constituents. All project costs must be incurred and
work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the
Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008. F.A.C., and occur
within the Fiscal year of the grant application submission (October 1st to September 301h). Pre -agreement expenses, except for
projects approved by the Board as multi -year projects. will be limited to filly (50) percent of the project's total cost and if the
expenses are eligible project expenses in accordance with this rule. Only one-half (112) or less of the approved pre -agreement
expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi -year
projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and
land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the
applicable provisions of Chapter 66B-2, F.A.C.
(4) Muld-Year Funding. The construction phase of projects that are large scale, involve multiple phases, have a construction
time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance
available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period
subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi -year basis can be made at any time during the application review process. All approved multi -year
projects are limited to a maximum of two (2) additional funding requests.
(5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach
renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share
of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach
renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved
by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S.
Additionally the following provisions shall be met for inlet management or beach renourishment projects:
(a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with
Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to
Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to
public navigation in the District. Inlet management projects that are determined to be consistent with Department of Environmental
Protection approved inlet management plans are declared to be a benefit to public navigation.
(b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach
renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation
structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project, the Board shall make a
finding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation
dredging or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this
program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not
provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S.
(6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five
percent (750A) program funds 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 facilities. In addition, the following shall apply:
(a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been
identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will
provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than
identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost
of the dredging project.
(b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels.
Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (509A) program
funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to
the associated use.
(7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre -agreement
expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of
publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7
years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately
upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the
required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in
perpetuity after completion of construction, the District shall require the applicant to refund the program funding.
(9) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem
tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can
demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a
regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth
in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal
year to all other local government projects funded in those counties.
Ru/emaking Authority 374.976(2) FS. Law Implemented 374.976(1). (3) FS. History -New 12-17-90. Amended 6-24-93. 9-5 96. 2-&97, Formerly
16T-2.005, Amended 5-17-98, 8-26-99, 3 21-01, 7.30-02, 3 3-04. 4-21.05. 4-24-06, 4-15-07, 3 25-08, 4-1-09, 3-7-11, 3-7-12, 4-I0-13, 127-14, 5-
15-16. 3 25-21.
6613-2.006 Application Process.
(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and
Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for
assistance through this program will be submitted during the authorized submission period that shall be established by vote of the
Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form
Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and
91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the
exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict
Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program
from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program
Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate
submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4-
24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete
and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07).
(3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its
governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the
Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and
available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit
an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and
available from the District office.
(5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic
information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map
for land development projects.
(6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting
the application to the District office. it is the applicant's responsibility to make timely arrangements for the local FIND
Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board
of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on
Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational
requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with
the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will
immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application
package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these
rules, the application will not be considered for funding. in order to have a complete application, the applicant shall not only submit
the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist
(FIND Form Number 90-26), but such forms and other submitted Information must be completely filled out, executed as applicable,
and also establish compliance with Chapter 66B-2, F.A.C.
(7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic
Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit
the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management
plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have
multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an
interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify these applications and present
them to the Board for their determination as to funding. lnterlocal agreement projects shall comply with all other provisions of this
rule, except for pre -agreement expenses, permitting and property control requirements.
(8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the
Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to
make a presentation to the Board by submitting a written request.
(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate
them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91 25 (A) through (F) for Waterways
Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine
an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be
considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur
if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the
Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C.,
"Disaster Relief Applications, shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06,
1/2014).
(10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the
allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding
decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project
Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties.
Rulemaking Authority 374.976(2) FS Law Implemented 374.9760) FS History -New 12-17-90. Amended 9-2-92, 6-24-93. 4-12-95. Formerly 16T-
2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11,127-14.
668-2.0061 Disaster Relief Applications.
Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide
assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities
damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2),
F.A.C. The District shall consider these applications in accordance with these rules.
Rulemaking Authority 374.976(2) FS Law Implemented 374.9760) FS History -New 6-24-93. Amended 2-6 97, Formerly 16T•2.0061, Amended
4-24.06. 3-25-21.
668-2.008 Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or cant' out public navigation
and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites
and publicly owned eommemialJmdustrial waterway access directly related to the waterways, acquisition and development of public
boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning,
environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension,
or improvement, of the following types of projects for public use on land and water. 'These project types will be arranged into a
priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application.
1. Public navigation channel dredging,
2. Public navigation aids and markers,
3. Inlet management projects that are a benefit to public navigation in the District,
4. Public shoreline stabilization directly benefiting the District's waterway channels,
5. Acquisition and development of publicly owned spoil disposal site and public commerciallsindustrial waterway access,
6. Waterway signs and buoys for safety, regulation or information,
7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities,
8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities,
9. Derelict Vessel Removal,
10. Waterways related environmental education programs and facilities,
11. Public fishing and viewing piers,
12. Public waterfront parks and boardwalks and associated improvements,
13. Maritime Management Planning,
14. Waterways boating safety programs and equipment,
15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a
navigation project; and,
16. Environmental restoration, enhancement or mitigation projects; and,
17.Other waterway related projects. Waterway projects that do not meet specifc criteria in subsection 66B-2.005(5) or (6) or
subparagraphs 66B-2.008(1)(a)l: 16., F.A.C., but are located on eligible waterways shall be considered for funding under the
priority listing of "other waterway related project" and eligible for 25% funding.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will Include:
contingencies, miscellaneous, reoccurring personnel relaxed costs, irrigation equipment, ball -courts, park and playground equipment,
and any extraneous recreational amenities not directly related to the waterway such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat,
2. Restrooms for non -waterway users,
3. Roadways providing access to non -waterway users,
4. Parking areas for non -waterway users,
5. Utilities for non -waterway related facilities,
6. Lighting for non -waterway related facilities,
7. Project maintenance and maintenance equipment,
8. Picnic shelters and furniture for non -waterway related facilities,
9. Vehicles to transport vessels; and,
10.Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the main eligible public building; and,
12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and,
13. Inlet maintenance.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list:
1. The following project costs will be eligible for program funding or as matching funding if they are performed by an
independent contractor.
a. Project management, administration and inspection,
b. Design, permitting, planning, engineering or surveying costs for completed construction project,
c. Restoration of sites disturbed during the construction of an approved project,
d. Equipment costs.
Before reimbursement Is made by the District on any of the costs listed in subparagraph 1., above, a construction contract for the
project, approved and executed by the project sponsor and project contractor must be submitted to the District.
2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $100,000 in initial District
funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant.
3. Waterway related environmental education facility funding will be limited to those project elements directly related to the
District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will
include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and
cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review.
(2) Property Control: The site of a new proposed land -based development project, with the exception of those projects
requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the
project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed,
lease, management agreement or other legally binding document and shall be recorded in the public property records of the county
in which the property is located. This property control requirement also applies to a project site owned by another governmental
entity. The governmental entity that owns the project site may be joined as a co -applicant to meet this property control requirement.
Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has
been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also
be deemed dedicated for public use if:
(a) The property has been designated for the use for which the project is intended (even though there may have been no formal
dedication) in a plat or map recorded prior to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project
is intended for a period of at least 30 years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been
any judicial determination contrary to the use by the public for the use shown on the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws,
proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that
include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required
environmental permitting and authorizations will be completed by the third Monday in September. This demonstration will be by
submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a
permit or authorization is not required. Failure to timely submit the required environmental permits and authorizations or letters
stating such permits or authorizations are not required shall result in the application not being considered for funding.
(4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout
facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility Is physically, operationally or
economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their
slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage
rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility
and shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life.
(5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime
management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment
of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate
any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not
address the basic maritime needs of the community.
(a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the
original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for
input in the planning process.
(b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the
community, and shall include, at minimum, the following:
1. Public boat ramp and ramp parking inventory and analysis.
2. Public mooring and docking facility analysis, including day docks and transient slips.
3. Commercial and working waterfiont identification and needs analysis.
4. The identification, location, condition and analysis of existing and potential navigation channels.
S. An inventory and assessment of accessible public shorelines.
6. Public Waterway transportation needs.
7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities.
8. Economic conditions affecting the boating community and boating facilities.
9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway.
(c) Projects requested for assistance pro6.an funding shall be consistent with the applicant's maritime management plan. The
applicant should utilize the plan to assist in prioritizing waterway improvement projects.
(6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration,
enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation
credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental
restoration, enhancement or mitigation projects shall provide public access where possible.
(7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History -New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-I2-95. 9-
5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-K 4-13-07, 3-25-M, 4-1-09. 2-22-10, 3-7-
11, 3-7-12, 1-27-14, 2-17-IS, 2-21-16, 3-25-21, 3-9 23.
6613-2.009 Project Administration.
The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The
project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison
agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement.
Administration of the project will be as follows:
(1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The
project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding
and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project
agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be
for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require
submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the
approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these
requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to
complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching fiords it
will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable
evidence that it has the matching fiords available at the time the project agreement is executed.
(3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the
project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be
approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project
within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved
project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor
allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change
to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced
by a formal amendment to the project agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work
accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These
reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on
Form 95-02, "Assistance Program Project Quarterly Status Report," dated 7-30-02, hereby incorporated by reference and available
at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include:
project summary, photo of completed project, final cost, project benefits to the waterway and location address.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in
accordance with Rule 66B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final
payment of program funds will be made upon certified completion of the project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all
records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's fast
fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the
Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the
project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and
available from the District office, which certifies that the project was completed in accordance with the project agreement and the
final project plans.
(b) A final reimbursement request accompanied by all required billing statements and vouchers.