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FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR- SB -98 -23
This PROJECT AGREEMENT made and entered into this day of
/4 J �,k,,_L 1998 by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT "), and the City of Sebastian, (hereinafter the "PROJECT
SPONSOR ").
In consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
1. PROJECT- Subject to the provisions of this Agreement and Rule 6613-2 of
the Florida Administrative Code (Exhibit "A "), the DISTRICT has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
( "PROJECT ") consisting of the Main Street Dock and Boat Ramp Repairs Project. Said
project is more specifically described in the PROJECT SPONSOR'S Waterways
Assistance Application which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior
written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless specifically authorized by the
DISTRICT Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 2000, unless the PROJECT
period has been extended with the prior written approval of the DISTRICT. In no event,
however, shall the PROJECT period extend beyond three (3) years from the October 1,
1998. The PROJECT SPONSOR acknowledges there are no provisions to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2000, and
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that any extension of funding beyond this date shall be at the sole discretion of the
DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding
paragraph shall require submittal by the PROJECT SPONSOR of a request for extension
to the DISTRICT no later than July 1, 2000. This request will then be considered by the
DISTRICT Board, whose decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than
fifty percent (50 %) of the PROJECT SPONSOR'S out -of- pocket costs for completion of
this PROJECT ( "PROJECT AMOUNT "). Payment of funds by the DISTRICT to the
PROJECT SPONSOR (the "ASSISTANCE AMOUNT ") will be on a reimbursement
basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and
meeting the requirements of Paragraph 5 below and shall not, in any event, exceed
$62,000.00.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and
represents that it has the PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the
PROJECT and shall, prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT
Form #95 -01 (Exhibit C), and including upon request, providing the DISTRICT with
access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and
efficient accomplishment of the PROJECT and must be directly allocable thereto.
PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be
incurred and work performed within the Project period, with the exception of pre -
agreement costs, if any, specifically identified in Paragraph 6 below, which are also
eligible for reimbursement by the DISTRICT.
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6. PRE - AGREEMENT COSTS - The DISTRICT and the PROJECT
SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the DISTRICT for any obligation or expenditure made prior to the execution of this
Project Agreement except for dock replacement, finger pier extension and boat ramp
repairs in the amount of $62,000.00.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form #90 -20) attached as Exhibit D. Supporting documentation including bills and
canceled payment vouchers for expenditures shall be provided to the DISTRICT by the
PROJECT SPONSOR or Liaison Agent with any payment request. All records in support
of the PROJECT COSTS included in payment requests shall be subject to review and
approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses
shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT,
upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT.
The DISTRICT shall retain ten percent (10%) of each installment payment until the
completion of the PROJECT.
The following costs, if authorized in the attached Exhibit B shall be reimbursed
only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT
and in accordance with Exhibit A: personnel, equipment, project management,
administration, inspection, and design, permitting, planning, engineering, and/or
surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in
whole or part, for non - compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon
completion of the PROJECT, shall submit to the DISTRICT a request for final
reimbursement of the PROJECT AMOUNT less any prior installment payments. The
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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 -23 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all
records supporting the PROJECT COSTS for three (3) years after the end of the fiscal
year in which the Final Payment is released by the DISTRICT, except that such records
shall be retained by the PROJECT SPONSOR until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the three -
year retention period.
10. NONCOMPLIANCE- The DISTRICT shall have the right to
reimbursement, either in whole or part as it may determine, of the funds provided
hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this
Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR
shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph
shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his
designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this
Project Agreement and shall be responsible for monitoring performance of its terms and
conditions and for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall
appoint a Liaison Agent, whose name and title shall be submitted to the DISTRICT upon
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execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative
to the provisions of the Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR'S Liaison Agent shall
submit to the DISTRICT project status reports during the PROJECT term. These
Quarterly Reports are to be on Form #95 -02 (Exhibit F). Project design drawings,
engineering drawings, and a copy of the Project bid award construction item cost list will
be submitted as available. Photographs shall be submitted when appropriate to reflect the
work accomplished. NON - COMPLIANCE by the PROJECT SPONSOR with the
reporting schedule in Exhibit G may result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local permits and all applicable laws and regulations in the development
of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
designed and constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state and local laws,
rules and requirements.
15. NON - DISCRIMINATION- The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non - exclusive basis, to the
general public without regard to age, sex, race, physical handicap, or other condition, and
without regard to residency of the user in another political subdivision. When such is
required, adequate parking shall be made available by the PROJECT SPONSOR to
accommodate vehicles for the number of persons for which the PROJECT is being
developed.
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty -five
(25) years after completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such
dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR
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shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a
permanent sign, approved by the DISTRICT, in a prominent location at the completed
project which shall indicate that the DISTRICT contributed funds for funder of the
PROJECT. The wording of the sign required by this paragraph shall be approved by the
DISTRICT's staff before construction and installation of said sign. This sign shall contain
the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the
event that the SPONSOR erects a temporary construction sign, it shall also indicate the
DISTRICT's participation.
18. PROJECT MAINTENANCE - When and where applicable, the
PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life
of the PROJECT improvements and will pay all expenses required for such purposes. The
PROJECT improvements shall be maintained in accordance with the standards of
maintenance for other local facilities and in accordance with applicable health standards.
PROJECT facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The PROJECT
SPONSOR warrants and represents that it has full legal authority and financial ability to
operate and maintain said PROJECT facilities and improvements.
19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be
solely responsible for the wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its employees, commissioners and agents are solely
providing funding assistance for the PROJECT and are not involved in the design,
construction, operation or maintenance of the PROJECT.
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20. INSPECTIONS- The DISTRICT reserves the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The rights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns, and shall, unless the context clearly requires otherwise,
survive completion of the PROJECT. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of the
DISTRICT.
22. WAIVERS- Waiver of a breach of any provision of this Agreement shall
not be deemed a waive of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and
provisions of this Agreement shall be in writing, postage paid, and shall be sent by
certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
To PROJECT SPONSOR at:
City of Sebastian
Attn: City Engineer
1225 Main Street
Sebastian, Fl. 32958
24. NO JOINT VENTURE - The DISTRICT's role with respect to the
PROJECT is that of a funder only and the DISTRICT is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In
the event the PROJECT SPONSOR transfers ownership or management of the PROJECT
to a party or parties not now a part of this document, other than another governmental
entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder,
the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to
the full extent of the funding assistance provided by the DISTRICT, including but not
limited to any costs and reasonable attorney's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits
made a part hereof, embodies the entire Agreement and understanding of the parties and
supersedes all prior oral and written communications between them. The terms hereof
may be modified only by a written amendment signed by both parties hereto.
28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the
PROJECT SPONSOR institutes any action or suit to enforce the provisions of this
Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WI SgS: FLORID LA VIGATION IST ICT
gy.
R'�IAN �
DATE: i
WITNESSES: PROJECT SPONSOR
Title: City: 14 �90z
DATE: 11/9/98
Approved as to form and content for reliance by the
City of Sebastian Only:
1
Rich Stringer, City At
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ATTACHMENT A
CHAPTER 6611-2 — WATERWAYS ASSISTANCE PROGRAM
66B -2.001
Purpose.
66B -2.002
Forms.
66B -2.003
Definitions.
66B -2.004
Policy.
66B -2.005
Funds Allocation.
66B -2.006
Application Process.
66B- 2.0061
Emergency Applications.
66B -2.007
Application Form.
66B -2.008
Project Eligibility.
66B -2.009
Project Administration.
66B -2.010
Project Agreement.
66B -2.011
Reimbursement.
66B -2.012
Accountability.
66B -2.013
Acknowledgment.
6611- 2.001 — Purpose.
Recognizing the importance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created s. 374.976,
Florida Statutes. This law authorizes and empowers each inland navigation district
to undertake programs intended to alleviate the problems associated with its
waterways. The purpose of this rule is to set forth the District's policy and
procedures for the implementation of an assistance program under s. 374.976, F.S.,
for local governments, member counties and navigation related districts within the
District. This program will be known hereafter as the Florida Inland Navigation
District's Waterways Assistance Program.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12- 17 -90, Formerly
16T- 2.001.
6611-2.002 — Forms.
All forms for the administration of this program are available from the District
office located at 1314 Marcinski Road, Jupiter, Florida 33477.
Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS History — New 12- 17 -90, Formerly
16T- 2.002.
6611-2.003 — 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) 'BOARD" means the Board of Commissioners of the Florida Inland
Navigation District.
(5) "DISTRICT" means the Florida Inland Navigation District (FIND).
(6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the taxing boundaries of
the District.
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida
Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially designated to act
on behalf of the applicant or the project sponsor.
(9) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the member counties.
(10) "MATCHING FUNDS" means those funds provided by the local
sponsor to the project.
(11) "MEMBER COUNTY" means a county located within the taxing
boundaries of the District which includes Duval, St. Johns, Flagler, Volusia,
Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties.
(12) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet
districts or any other agency having legally authorized navigation related duties in
waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(14) "PROGRAM FUNDS" means financial assistance awarded by the Board
to a project for release to the project sponsor pursuant to the terms of the project
agreement.
(15) "PROJECT" means a planned undertaking consisting of eligible
program facilities, improvements or expenses for the use and benefit of the general
public.
(16) "PROJECT AGREEMENT" means an executed contract between the
District and a project sponsor setting forth mutual obligations regarding an approved
project.
(17) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and compliance with the
project agreement.
(18) "PROJECT PERIOD" means the approved time during which costs may
be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
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(20) "WATERWAYS" means the Atlantic Intracoastal Waterway, all
navigable rivers, bays, creeks or lagoons intersected by said waterway and all
navigable natural creeks, rivers, bays or lagoons entering or extending from said
waterway.
(21) "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.
(22) BEACH RENOURISHMENT — The placement of sand on a beach for
the nourishment, renourishment or restoration of a beach.
(23) "TRIM HEARING" - A public hearing required by Chapter 200 FS.
concerning the tax and budget of the District.
(24) "PRE- AGREEMENT COSTS" - Project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(25) "PUBLIC MARINA" - A small craft 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.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS History —New 12- 17 -90, Amended 9-
2-92, 2 -6 -97, Formerly 16T- 2.003.
66B -2.004 — Policy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) Financial assistance, support and cooperation may be provided to eligible
governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or
cooperation in planning, acquisition, development, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Member counties may also
be provided financial assistance, support, and cooperation in planning and carrying
out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance,
support and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Eligible local governments
may also be provided financial assistance, support and cooperation in planning and
carrying out beach renourishment and inlet management projects.
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(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 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.
(2) The District will notify by direct mail and/or advertised public notice all
eligible governmental agencies of the program and the upcoming authorized
submission period. Funding allocations to navigation related districts, member
counties and local governments shall be based upon the proportional share of the
District's ad valorem tax collections from each county.
(3) Approval of projects by the District shall be in accordance with these
rules.
(4) The District and the project sponsor shall enter into a project agreement
prior to the release of program funds.
(5) The project sponsor shall clearly identify and enumerate the amount and
source of the matching funds it will be using to match the program funds supplied
by the District for an approved project. The project sponsor shall provide suitable
evidence that it has the matching funds available at the time the project agreement is
executed.
(6) The District shall release program funds in accordance with the terms and
conditions set forth in the project agreement. This release of program funds shall be
on a reimbursement only basis.
(7) The site of a proposed land -based development project shall be dedicated
for the public use for which the project was intended for a minimum period of 25
years after project completion. Such dedication shall be in the form of a deed, lease,
management agreement or other legally binding document and shall be recorded in
the public property records of the county in which the property is located.
(8) Facilities 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.
(9) The project sponsor shall not commence work on an approved project
prior to the execution of the project agreement unless authorized by the Board.
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(10) The project shall be completed within three (3) years of the beginning of
the District's first fiscal year for which the project was approved.
(11) Project funds shall not be spent except as consistent with the project
agreement cost estimate which shall be an attachment to the project agreement.
(12) 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 costs shall not exceed fifty (50) percent of
the project's total cost.
(13) The project sponsor is responsible for obtaining and abiding by any and
all federal, state and local permits and regulations in the development of the project.
(14) 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.
(15) 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.
(16)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. 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.
(17) 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.
(18) All public marina projects funded through this program shall include
sewage pumpout facilities for vessels.
(19) 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.
Specific A uthoritv374.976(2) FS Lmv Implemented 37.1.976(1), (2) FS. History —New 12- 17 -90, Amended
2 -3 -94, 2 -6 -97, , Formerly 16T- 2.004.
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66B -2.005 — Funds Allocation.
The Board will allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the
upcoming year. If funds are determined to be available for the program, the District
will notify potential eligible governmental agencies of the availability of program
funding. Applications will be reviewed by the Board utilizing District Forms No.
91 -25 Waterways Assistance Program Application Evaluation and Rating Form, and
91 -25A Waterways Assistance Program Navigation Districts Application Evaluation
and Rating Form, (effective date 2 -6 -97) hereby incorporated by reference and
available from the District office.
(1) 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) per cent of the proportional share of the District's ad
valorem tax collections from each county in which such agencies are located. The
District may make an exception to this funding limitation, if funds are determined to
be available based upon the District's overall goals, management policies, fiscal
responsibilities and operational needs, in counties that are recovering from a state of
emergency declared under Chapter 252, Florida Statutes.
(2) Financial assistance to seaports may exceed the proportional share of the
District's ad valorem tax collections as set forth in Section 66B- 2.005(1) from the
county in which such seaport is located if the seaport can demonstrate that a
regional benefit occurs from the ports 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
Section 66B- 2.005(1) 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.
(3) All financial assistance and support to eligible governmental agencies
shall require equal matching funds from the project sponsor with the exception of
public navigation, law enforcement and environmental education projects. Project
sponsors of public navigation projects shall provide matching funds of at least ten
(10) per cent of the total cost of the project. Project sponsors of law enforcement
and environmental education projects shall provide matching funds of at least
twenty five (25) per cent of the total cost of the project. All financial assistance to
seaports shall require equal matching funds.
(4) 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 per cent 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
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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
1. 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 s.
161.161, F.S. Inlet management projects that are determined to be consistent with
Department of Environmental Protection approved inlet management plans are
declared to be a benefit to public navigation.
(b) Beach Renourishment
1. All projects in this category shall be consistent with the statewide beach
management plan. Beach renourishment projects shall only include those beaches
that have been adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination of beach areas that
are adversely impacted by navigation for the purposes of this program shall be made
by Department of Environmental Protection approved inlet management plans. If
state funding is not provided for a beach project, public access with adequate
parking must be available in accordance with s. 161, F.S.
(5) Eligible projects or project elements in the categories of public
navigation, law enforcement and environmental education may include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and markers
3. Waterway signs and buoys for safety, regulation or information
(b) Law enforcement
1. Waterways boating safety programs
2. Law enforcement and boating safety equipment
(c) Waterways Related Environmental Education
1. Environmental Education Programs
Waterways related environmental educational programs shall consist of coordinated
efforts among the local community, the local school district and local governments.
Eligible programs shall be available to the general public or a targeted segment of
the general public. The curriculum for an eligible program shall be coordinated with
the District, the local community, the local school district and local governments
and shall be directly related to the environment of the waterways.
2. Environmental Education Facilities
Eligible environmental educational facilities shall include buildings used for
waterways related education and accessory facilities such as boardwalks, docks,
signs, pavilions and other such structures that are directly utilized for education.
Structures having environmental education signage but not adjacent to or associated
with an environmental education facility shall not be considered a waterways
related environmental education facility for the purposes of this rule section.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History —New 12- 17 -90, Amended
6- 24 -93, 9 -5 -96, 2 -6 -97, , Formerly 16T- 2.005.
66B -2.006 — Application Process.
(1) Applications for assistance through this program shall be submitted
during the authorized submission period which is from March 1st through May 1st
of each year, unless modified by vote of the Board at a scheduled meeting. 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
Resolution Form No. 90 -21 (effective date 12- 17 -90) hereby incorporated by
reference and available from the District office located at 1314 Marcinski Road,
Jupiter, FL 33477.
(2) Applications will be reviewed by the local FIND Commissioner before
being submitted to the District Office. Upon receipt in the District office, staff will
review the applications for completeness of the informational requirements
identified in the Application Checklist, FIND Form Number 90 -26 (effective date 4-
12-95) and for compliance with the eligibility requirements of this rule. 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 4- 12 -95). 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.
(3) 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. The applicant's presentation will at a
minimum include a discussion of the applicants answers to the Evaluation and
Rating Criteria on Form No. 91 -25. Following the presentations, the Board will
review the applications and evaluate them using the Project Evaluation and Rating
Form No. 91 -25 (effective date 4- 12 -95) hereby incorporated by reference and
available from the District office.
(4) The total points awarded to each application by the Commissioners will
be averaged to determine an applications 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.
(5) The Board will hold a funding allocation meeting at which time the
Board will determine the allocation of funds, if any, to each project. Allocations
8
will be based in part upon the cumulative score of the applications as calculated
from the Project Evaluation and Rating Form. Allocations will also be based upon
the specific needs of the individual counties.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12- 17 -90, Amended 9-
2-92, 6- 24 -93, 4- 12 -95, Formerly 16T- 2.006.
66B- 2.0061— Emergency Applications.
Emergency applications may be submitted to the District and considered by the
Board at any time during the year to provide assistance to an eligible applicant for
the removal of navigation obstructions and repair or replacement of waterway
facilities damaged by a declared natural disaster. The District shall consider these
applications in accordance with these rules.
Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS. History — New 6- 24 -93, Amended 2 -6-
97, Formerly 16T- 2.0061.
66B -2.007 — Application Form.
Florida Inland Navigation District Waterways Assistance Program Application
Form Number FIND 90 -22 (effective date 4- 12 -95) and 93 -22A (effective date 4-
12-95) are hereby incorporated by reference and available from the District office.
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. All applications for financial assistance and support through this program from
navigation related districts shall be made on Form Number FIND 93 -22A.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12- 17 -90, Amended 6-
24-93, 2 -3 -94, 4- 12 -95, Formerly 16T- 2.007.
66B -2.008 — Project Eligibility.
(1) Financial assistance and support through this program shall be used to
plan or carry out public navigation, public recreation, environmental education,
boating safety, spoil site acquisition directly related to the waterways, inlet
management, environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water.
These project types will be arranged into a priority list each year by vote of the
Board. The priority list will be distributed to applicants with the project application.
1. Public navigation channel dredging
2. Public navigation aids and markers
3. Public boat ramps and launching facilities
4. Public boat docking and mooring facilities
5. Public shoreline stabilization
6. Inlet management projects that are a benefit to public navigation in the
District
7. Waterway signs and buoys for safety, regulation or information
9
8. Public spoil disposal site development
9. Waterways related environmental education programs and facilities
10. Public fishing and viewing piers
11. Public waterfront boardwalks
12. Waterways boating safety programs and equipment
13. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project
14. Other waterway related projects.
(b) Project costs ineligible for program funding or matching funds will
include: contingencies, miscellaneous, reoccurring personnel related costs, land
acquisition and any extraneous recreational amenities not directly related to the
waterway such as the following:
1. Landscaping
2. Park and playground equipment
3. Restrooms for non - waterway users
4. Tennis courts
5. Roadways providing access to non - waterway users
6. Parking areas for non - waterway users
7. Utilities for non - waterway related facilities
8. Lighting for non - waterway related facilities
9. Irrigation equipment
10. Maintenance equipment
11. Picnic shelters and furniture.
(c) Subject to approval by the Board of an itemized expense list:
1. The following project costs will eligible for program funding or as
matching funding:
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.
2. The following project costs will be eligible only as matching costs:
a. Applicant's non - recurring personnel costs;
b. Applicant's equipment costs;
c. Applicant's in -house project management administration, and inspection
costs;
d. Applicant's in -house design, permitting, planning, engineering or
surveying costs for completed construction project;
e. Applicant's other in -kind services.
Before reimbursement is made by the District on any of the costs listed in
subsection 1. or 2. above, a construction contract for the project, approved and
10
executed by the project sponsor and project contractor must be submitted to the
District.
(d) Applications for eligible waterway projects which include construction
elements below mean high water will 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 will be submitted along with the Phase I application for Board review.
Applicants for Phase 1I funding will demonstrate that Phase I will be completed
prior to the tentative approval date of funding for Phase II, provided, however, that
in extraordinary situations this requirement will be waived by the Board of
Commissioners where an applicant has provided documentation of all of the
following:
1. The delay in completing Phase I is for a reason or reasons outside the
control of the applicant, and the applicant has demonstrated that it diligently
proceeded in attempting to complete Phase I;
2. All the impediments to completion of Phase I will have been resolved on
or before the District's final TRIM hearing at which the Phase II funding is to be
finally approved, and the applicant has provided a timetable showing such
completion of Phase I within this time period; and
3. A delay in funding Phase II would significantly increase the cost of Phase
II, create a substantial likelihood that Phase II would not be accomplished, or
adversely impact on public safety or the operation of District waterways.
Should Phase I of an application for a construction project not be completed
by the District's final TRIM hearing, the Phase II project will not be considered for
funding.
(2) The Board will make all final decisions on the eligibility of a Project or
specific project costs.
Specific Authority 374.976(2) FS Law Implemented 374.976(1) — (3) FS. History — New 12- 17 -90,
Amended 9 -2 -92, 6- 24 -93, 2 -3 -94, 4- 12 -95, 9 -5 -96, 2 -6 -97, , Formerly 16T- 2.008.
66B -2.009 — Project Administration.
The District will administer all funded projects through an executed project
agreement. The District will appoint a project manager who shall be responsible for
monitoring 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 to act on its behalf in carrying out the terms of the project
agreement. Administration of the project will be as follows:
(1) A project agreement will be executed between the District and the project
sponsor.
(2) 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
11
shall continue throughout the length of the project period until completion of the
project.
(3) The liaison agent may submit periodic reimbursement requests during the
project period. 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.
(4) Upon reasonable request, the project manager shall have the right to
inspect the project and any and all records relating to the project.
(5) 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 -23 (effective date
12- 17 -90) 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.
(c) Photograph(s) showing the installation of the sign required by s. 66B-
2.013.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(6) The project manager will review the project completion package and will
authorize or reject the final reimbursement payment which will include all retained
funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12- 17 -90, Formerly
16T- 2.009.
66B -2.010 — Project Agreement.
(1) For each funded project, the District and the project sponsor will enter
into a project agreement 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.
(2) 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. Agreed changes shall be evidenced by a
formal amendment to the project agreement and shall be in compliance with these
rules.
(3) All project agreement amendments shall be approved by the District
board except that the executive director may approve a minor project agreement
amendment for a project within a county with the local District commissioner's
concurrence. A minor project amendment shall not change the approved project's
category nor result in a reallocation of more than 35% of the approved funding of
the project among project elements.
12
Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS History — New 12- 17 -90, Amended 9-
5-96, Formerly 16T- 2.010.
66B- 2.011— Reimbursement.
The District shall reimburse the project sponsor for project costs expended on the
project in accordance with the project agreement. Project funds to be reimbursed
will require the submission of a Reimbursement Request Form and required
supporting documents, FIND Form No. 90 -24 (effective date 6- 24 -93) hereby
incorporated by reference and available from the District office.
(1) All project costs shall be reported to the District and summarized on the
Reimbursement Request Form. All requests for reimbursement shall include
supporting documentation such as billing statements for work performed and
canceled payment vouchers for expenditures made.
(2) The District shall retain ten per cent of all reimbursement payments until
final certification of completion of the project. The District shall withhold any
reimbursement payment, either in whole or part, for non - compliance with the terms
of this agreement.
(3) The final reimbursement check shall be presented by a District
representative to the project sponsor during a public commission meeting or public
dedication ceremony for the project facility.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12- 17 -90, Amended 6-
24-93, Formerly 16T- 2.011.
66B -2.012 — Accountability.
The following procedures shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an accounting system
which meets generally accepted accounting principles and for maintaining such
financial records as necessary to properly account for all program funds.
(2) The project sponsor shall submit quarterly project status reports to FIND
during the project period. These reports will summarize the work accomplished
since the previous report, problems encountered, percentage of project completion
and any other appropriate information.
(3) All required final completion certification documents and materials as
outlined in s. 66B- 2.009(5) of this rule shall be submitted to the District prior to
final reimbursement of program funds.
(4) All project records including project costs shall be available for review by
the District or by an auditor- selected by the District for 3 years after completion of
the project. Any such audit expenses incurred shall be borne entirely by the project
sponsor.
(5) The project sponsor shall retain all records supporting project costs for
three years after either the completion of the project or the final reimbursement
payment, whichever is later, except that should any litigation, claim, or special audit
13
arise before the expiration of the three year period, the project sponsor shall retain
all records until the final resolution of such matters.
(6) If it is found by any State, County, FIND, or independent audit that
program funds have not been used in accordance with this rule and applicable laws,
the project sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS. History — New 12- 17 -90, Formerly
16T- 2.012.
66B -2.013 — Acknowledgment.
The project sponsor shall erect a permanent sign, approved by the District, in a
prominent location at the completed project which indicates the District's
participation in the project. This sign shall contain the FIND logo. In the event that
the project sponsor erects a temporary construction sign, this sign shall also
recognize the District's participation. If the final product of the project is a report,
study or other publication, the District's sponsorship of that publication shall be
prominently indicated at the beginning of the publication. If the project results in an
educational display, the District's logo and a statement of the District's participation
in the project shall be contained in the display.
Specific Authority 374.976(2) FS. Lcnv Implemented 374.976(1) FS. History — New 12- 17 -90, Formerly
16T- 2.013.
14
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATES
PROJECT NUMBER: IR- SE -98 -23
PROJECT TITLE: Main Street Dock & Boat Ramp Repairs
APPLICANT: City Of Sebastian
Project Elements Quantity Estimated Applicants FIND
(Number and/or Cost Cost Cost
P-t -1
Dock Replacement
350'
+$ 85000.00
+$ 43000.00
+$ 42000.00
Finger Pier Extension
20'
+$ 15000.00
+$ 7500.00
+$ 7500.00
Boat Ramp Repairs
70'x 35'
+$ 25000.00
+$ 12500.00
+$ 12500.00
TOTALS +$ 125000.00 +$ 63000.00 +$ 62000.00 7
EXHIBIT B
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor: _C %I-
Project Title: M4-1,v La-=,Sc.- + GaA� Project #:'—T-: -5; g 2-3
I hereby certify that the above referenced project Sponsor, as of October 1, 1998,
has the required matching funds for the accomplishment of the referenced project in
accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor.
Project Liaison Name:
Project Liaison Signature: / /l
Date:
FIND Form No. 95 -01
New 9/9/95
Thomas W. Frame
NOTARY SEAL
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
Funds Previously Requested
Balance Available =
Funds Requested
Less Retainage (10 %)
Check Amount
Balance Available
Less Check Amount �-
Balance Remaining =
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total
(Should correspond to Vendor Name and Date Cost
Cost Estimate Sheet
Categories in Exhibit "B ")
FIND - Form No. 90 -24
Rev. 9/3/92
PROJECT NO.:
BILLING NO.:
Applicant FIND
Cost Cost
FIND - Form No. 90 -24
Page Two
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B ")
Certification for Reimbursement: I certify that the above expenses were necessary
and reasonable for the accomplishment of the approved project and that these
expenses are in accordance with Exhibit "B" of the Project Agreement.
Project Liaison
FIND - Form No. 90 -24
Rev. 9/3/92
Date
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title:
Project No:
I hereby certify that the above referenced project was completed in
accordance with the Waterways Assistance Program Project Agreement between
the Florida Inland Navigation District and
dated
19 and that all funds were expended in
accordance with Exhibit "B" and Paragraph 5 of the Project Agreement.
Project Liaison
Name: Thomas W. Frame
Project Liaison
Signature:
Date:
NOTARY SEAL
FIND Form No. 90 -23
Rev. 9/3/92
"
EXHIBIT F
WATERWAYS ASSISTANCE PROGRAM PROJECT
STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct I -DEC 15 Dec 15 -Mar 1 Mar 1 -June 15 June 15 -Sep 1
Report Due: (Dec 31) (March 15) (June 31) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95 -02
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 1, 1998 - Project Agreement Executed, Project Initiates.
DECEMBER 319 1998 - First Quarterly Report Due.
MARCH 15,1999 - Second Quarterly Report Due.
NNE 31, 1999 - Third Quarterly Report Due.
SEPTEMBER 159 1999 - Fourth Quarterly Report Due.
DECEMBER 31, 1999 - Fifth Quarterly Report Due.
MARCH 15, 2000 - Sixth Quarterly Report Due.
JUNE 31, 2000 - Seventh Quarterly Report Due, if project will not be completed and all
close out paperwork submitted by September 1st a request for an extension of the
completion date of the project should be submitted with the quarterly report.
SEPTEMBER 1, 2000 - Close -out paperwork due.
SEPTEMBER 30, 2000 - District finishes processing close -out paperwork, performs
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require :advance notice and prior
written approval of the District. Appropriate timing for modifications to the project cost
estimate, Exhibit B, would be after receipt of bids.
NON - COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit G may result in revocation of this agreement pursuant to Paragraph 10 of the
project agreement.
0,;'r !
,NAVIGATION
map-
�' 1
r °H
DRAFT
Regular City Council Meeting
November 4, 1998
Page Five
Mayor Sullivan called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All were present.
14. NEW BUSINESS
98.078 A. Florida Inland NaviLation District Waterways Assistance Program Grant Contract in the Am=t of
• 111 u,_n Street Pier and yam u, 10/29/98- Grant Contract)
MOTION by Sullivan/Wininger
I would like to move that we authorize the City Manager to execute the agreement with the
Florida Inland Navigation District, and that was a grant award of $62,000 with the City matching
$63,000.
Mrs. Cartwright requested that approval by the City Attorney as to form and content be added to the
motion. Mayor Sullivan added it and Vice Mayor Wininger agreed.
ROLL CALL: Mr. Paul
- aye
Mrs. Sullivan
- aye
Mrs. Wininger
- aye
Mrs. Cartwright
- aye
Mr. Neuberger
- aye
MOTION CARRIED 5 -0
98.197 B. Resolution No. R -98 -48 - Police Benevolent Association Collective Bargaining Agreement - October
L 1998 to September 30, 2001 (Human Resources Transmittal 10/29/98, R- 98-48. AgeceMoo
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE
AGREEMENT WITH THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., FOR THE PERIOD
FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30,2001; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Manager noted that on page 25 "bi- weekly" needed to be changed to "semi- monthly "; and
"days" should read "hours".
The City Attorney read Resolution No. R -98-48 by title.
MOTION by Cartwright/Paul
I move to adopt Resolution 98-48 with the changes in Article 20.
ROLL CALL: Mrs. Sullivan
- aye
Mrs. Wininger
- aye
Mrs. Cartwright
- aye
Mr. Neuberger
- aye
Mr. Paul
- aye
MOTION CARRIED 5 -0
5