HomeMy WebLinkAbout2007 FIND Waterways Assistance Programt~ttrgi
FTOIKE OF I?ELtGtV t51AND
AGENDA TRANSMITTAL
Subject: Agenda No. l~~ . U ~~
Department r MD
FIND AGREEMENT City Attorn y:
City Clerk:
Date Submitted: NOV 07
A rov f Submittal by:
nne , Ci Mana er
Exhibits: Agreement
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
N/A N/A REQUIRED:
N/A
L
SUMMARY
The Growth Management Department has been working to find grant monies to augment the City's funds for
the Main Street boat ramp improvement project, and several months ago, Staff applied for funding from the
Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP). The Board of Directors of
FIND recently met, supported the application and approved a grant in the amount of $488,000. The grant is
a matching grant and is provided as a reimbursement. The grant agreement. is attached.
The FIND agreement does place a few restrictions on the project:
1) FIND requires the City to ensure that the project is readily accessible, 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. (Item 15 in the project agreement)
2) The facility must be dedicated to the public for a minimum of twenty-five (25) years after completion
of the project. Such dedication should be in the form of a deed, lease, management agreement or
other legally binding document. (Item 16 in the project agreement)
3) A sign must be permanently placed to show that FIND contributed funds for the project.
It is important to note that restrictions do not exclude the City from charging a user fee. Typically, user fees
in grant funded projects may be collected if there are ongoing costs such as maintenance of the facilities,
regular trash collection, etc. These restrictions indicate that a user fee must be charged equally for
Sebastian residents and for non-Sebastian residents.
Item 18 in the project agreement specifies which party is responsible (City) for ongoing maintenance at the
site. I believe the intent of this item is to identify who is responsible for those costs so that it is not implied
that FIND will fund ongoing maintenance. I have conferred with the City Attorney who is in agreement that
this does not exclude the City from charging a fee, if necessary, in the future.
RECOMMENDATION
Staff recommends the Council approve and execute the grant agreement.
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(~Z~f
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR-SE-07-41
This PROJECT AGREEMENT made and entered into this 14th day of
November 2Q_07 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 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Main Street Boat Ramer Trailer Parking Acquisition. Said project is more
specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which
is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior written
approval of the DISTRICT.
2. TERM -The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board
and shall complete the PROJECT and submit all required payment reimbursement
information on or before September 1, 2009, unless the PROJECT period has been extended
with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT
period extend beyond three (3) years from October 1, 2007. The PROJECT SPONSOR
acknowledges there are no provisions to carry over the DISTRICT assistance funding under this
Agreement beyond September 30, 2009, and that any extension of funding beyond this date shall
be at the sole discretion of the DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT
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no later than July 1, 2009. This request will then be considered by the DISTRICT Board, whose
decision shall be final.
3. ASSISTANCE AMOUNT -The DISTRICT shall contribute no more than -two
percent 32% 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 $487,532.00.
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.
6. PRE-AGREEMENT COSTS -The DISTRICT and the PROJECT SPONSOR
fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for
any obligation or expenditure made prior to the execution of this Project Agreement.
7. REIMBURSEMENT PROCEDURES -PROJECT COSTS shall be reported to
the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14)
attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers
for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON
AGENT with any payment request. All records in support of the PROJECT COSTS included in
payment requests shall be subject to review and approval by the DISTRICT or by an auditor
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
ia~
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 fmal reimbursement of the PROJECT
AMOUNT less any prior installment payments. The Payment amounts previously retained by the
DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction
of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit
E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph
17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION -The PROJECT SPONSOR shall retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the
Final Payment is released by the DISTRICT, except that such records shall be retained by the
PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or
special audit that starts prior to the expiration of the three-year retention period.
10. NONCOMPLIANCE -The DISTRICT shall have the right to reimbursement,
either in whole or part as it may determine, of the funds provided hereunder for noncompliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification
from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the
DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT.
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11. DISTRICT PROJECT MANAGER -The Executive Director, or his designee,
is hereby designated as the DISTRICT'S Project Manager for the purpose of this Project
Agreement and shall be responsible for monitoring performance of its terms and conditions and
for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT -The PROJECT SPONSOR shall appoint a
LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of
the Project Agreement.
13. STATUS REPORTS -The PROJECT SPONSOR'S LIAISON AGENT shall
submit to the DISTRICT project status reports during the PROJECT term. These Quarterly
Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings,
and a copy of the Project bid award construction item cost list will be submitted as available.
Photographs shall be submitted when appropriate to reflect the work accomplished. NON-
COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may
result in revocation of this Agreement.
14. LAWS -The PROJECT SPONSOR agrees to obtain and to abide by all federal,
state and local permits and all applicable laws and regulations in the development of the
PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and
constructed in compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules and requirements.
15. NON-DISCRIMINATION -The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on anon-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
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require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of
such dedication within the Public Records of the County in which the PROJECT is located.
17. ACKNOWLEDGMENT -For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the
completed project which shall indicate that the DISTRICT contributed funds for the PROJECT.
The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff
before construction and installation of said sign. This sign shall contain the DISTRICT logo
(Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT
SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the
DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations.
18. PROJECT MAINTENANCE -When and where applicable, the PROJECT
SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT
improvements and will pay all expenses required for such purposes. The PROJECT
improvements shall be maintained in accordance with the standards of maintenance for other
local facilities and in accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents
that it has full legal authority and fmancial ability to operate .and maintain said PROJECT
facilities and improvements.
19. SOVEREIGN IMMUNITY -Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity under Section
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its
employees, commissioners and agents are solely providing funding assistance for the PROJECT
and are not involved in the design, construction, operation or maintenance of the PROJECT.
20. INSPECTIONS -The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES -The rights and duties arising under this Agreement
shall inure to the benefit of and be binding upon the parties hereto and their respective successors
and assigns, and shall, unless the context clearly requires otherwise, survive completion of the
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PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
without the express prior written consent of the DISTRICT.
22. WAIVERS -Waiver of a breach of any provision of this Agreement shall not be
deemed a waiver of any other breach of the same or different provision.
23. NOTICE -Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return
receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice
shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at:
City of Sebastian
Attention: Environmental Planner, Growth Management Dept.
1225 Main Street
Sebastian, FL 32958 .
24. NO JOINT VENTURE -The DISTRICT'S role with respect to the PROJECT is
that of a funding assistance authority only and the DISTRICT is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
25. GOVERNING LAW -The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In the event
the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or
parties not now a part of this document, other than another governmental entity that agrees to
assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the
right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding
assistance provided by the DISTRICT, including but not limited to any costs and reasonable
1.~0
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 maybe modified only by
a written amendment signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES:
WITNESSES:
FLORIDA INLAND NAVIGATION DISTRICT
By:
Director
DATE:
PROJECT SPONSOR
By:
Andrea Coy
Title:
Mayor, City of Sebastian
DATE:
13 I
EXHIBIT A
CHAPTER 66B-2 -WATERWAYS ASSISTANCE PROGRAM (2007)
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 ~ Application Process.
. 66B-2.0061 Disaster Relief Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 .Project Eligibility.
- 66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement.
66B-2.012 Accountability. '
~.66B=2.013 Acknowledgement.
66B-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects.
66B-2.015 Small-Scale Derelict Vessel Removal Projects.
66B=2.001=-Purpose.
`~ Recognizing the importance and benefits of inland navigation channels and
waterways-as well _as noting problems associated with the construction, continued
maintenance and use ofthese;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.
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.
Spec f c Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History-New 12-17-90, Formerly 16T-2.002.
66B-2.003 -Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the required documentation.
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EXHIBIT A
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a beach for
the nourishment, renourishment or restoration of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland
Navigation District. .
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
- governments and navigation related districts within the taxing boundaries of the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or
general permits for construction below mean high water line of a navigable waterway
- -- required-arid-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) "L;IAISON AGENT" means the contact person officially designated to act on
behalf of the'applicant or he project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
-:. _:_:. (12),'"MATCHING-:FUNDS" means those funds provided by the local sponsor to
the :project.-
(13) "ME1tiIBER COUNTY" means a county located within the taxing boundaries
of the.District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian
River,~:St..Lucie,~Martin; Palm Beach, Broward and Miami-Dade Counties.
(14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet
districts or any other agency having legally authorized navigation related duties in
waterways of the District.
(15) "PRE-AGREEIV~ENT COSTS" means project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(16) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a
project for release to the project sponsor pursuant to the terms of the project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible program
facilities, improvements or expenses for the use grid benefit of the general public.
(19) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved project.
(20) "PROJECT MAINTENANCE" means any usual action, activity, expense,
replacement, adjustment or repair taken to retain a project or grant item in a serviceable,
operational or normal condition, or the routine efforts and expenses necessary to restore it
to serviceably or normal condition, including the routine recurring work required to keep
the project or grant item in such condition that it may be continuously used at its original
or designed capacity and efficiency for its intended .purpose.
X33
EXHIBIT A
(21) "PROJECT MANAGER" means the District employee who is responsible
for monitoring the performance of the Project and compliance with the project
agreement.
(22) "PROJECT PERIOD" means the approved time during which costs maybe
incurred and charged to the funded project.
(23) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(24) "PUBLIC BUILDING" means a building or facility on government owned
property that is owned or operated by a governmental entity, or operated by a third party
operator. The building or facility must provide waterway related information, public
meeting space, or educational services and be open to members of the public on a
- - --- --------continual-basis-without discrimination.
(25j. "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; tock owriership,`or differential in price.
,:(26)~"PUBLICLY OWNED COMMERICAL OR INDUSTRIAL WATERWAY
ACCESS":-means 'any publicly owned area specifically designed to be used for staging,
`launchirig;°or_off-loading by commercial or industrial waterway users on a first come,
first served;`short=term basis, to gain entry to or from the District's waterways to serve the
_..__ _:. _ infrastructure needs of the District's waterway users.
(27) " TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
'concerning.the tax and budget of the District:
(28)_'WATERWAYS" means the Atlantic Intracoastal Waterway, the
' :Okeechobee Waterway, he Bazge Canal in Brevazd 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.
Specifc Authority 374.976(2) FS.
Law Implemented 374.976(!) FS.
History -New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-
03,.3-3-04, 4-21-05, 4-24-06, 4-IS-07. •~
66B-2.004 -Policy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation
may be provided to eligible governmental agencies for approved proj ects as follows:
13y
EXHIBIT A
(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 m_ anagement projects.
(b) Eligible local governments may also be provided financial assistance, support
and cooperation in planning and carrying out public navigation, public recreation, inlet
management, environmental education, law enforcement and boating safety projects
directly related to the waterways..Eligible local governments may also be provided
financial assistance; support-and cooperation in planning and carrying out beach
renourishment and inlet management projects.
(c) Navigation related,districts may be provided with financial assistance to pay
part of the;costs'"of th_e'p_lanning and acquisition of dredge material management sites if
the Board finds that the site is'r'equired for the long=range maintenance of the Atlantic
IntracoastalWaterway channel: All such sites must meet the development and operational
criteria established by the District through along-range dredge material management plan
forahaf;county. Navigation related districts may also be provided with assistance for
environmental.mitigationpsojects associated with waterway improvement related
activities and inlef 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 furids to any District financial assistance provided.
Seaports nay also'.be furnished,assistance and support in planning and carrying out
environmental mitigation projects.r All seaport projects shall benefit publicly maintained
channels and $arbors: Each~seaport shall contribute snatching funds for funded projects. .
(d) Eligible projects shall include public boat ramps and launching facilities, land
acquisition for. additional trailer parking at an existing boat ramp, and public boat docking
and mooring facilities in man-made, navigable waterways contiguous to "waterways" as
defined in Rule 66B-2.003, F.A.C.
(2) Notification: The District will notify by direct mail and/or advertised public
notice all eligible governmental agencies of the program and the upcoming authorized
submission period. Funding allocations to navigation related districts, member counties
and local governments shall be based upon the proportional share of the District's ad
valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in accordance
with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by
program funds shall be made available to the general public of all of the member counties
on anon-exclusive basis without regard to race, color, religion, age, sex or similar
condition. Additionally, facilities funded in whole or in part by program funds, shall not
require a paid membership for the general public of all of the member counties as a
condition to use the facilities. User or entrance fees maybe charged for the use of
facilities funded in whole or in part by program funds, however such fees shall be
reasonable and shall be the same for the general public of all of the member counties.
i35
EXHIBIT A
(5) Waterway Impacts: All development projects must be designed so as not to
impact navigation along the District's waterways through the placement of structures,
attendant uses, or the necessity of a boating speed zone for safety purposes. Before
applying for boating speed zone designation in District waterways because of a project
funded by this program, the sponsor shall first receive approval from the Board. The
Board will use the criteria found in Section 327.46(1), F.S., in determining whether to
approve the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the
operation, maintenance, and management of the project for the anticipated life of the
project and shall be responsible for all expenses required for such purposes. The project
-shall be maintained in accordance .with the standards of maintenance for other similar
- local-facilities-and in-accordance with applicable health standards. Project facilities and
improvements shall be kept reasonably safe and in reasonable.repair to prevent undue
deterioration and to..encourage public use. The project sponsor shall have full legal
'authority and financial ability to operate and maintain the project facilities.
_ .; _:_
(7) Public Information Availability: Public information produced with assistance
`from this program shall riot be:copyrighted and shall be provided free of cost, except for
the`cost of reproduction,' to the public.
~(8) ~Tlurd Party Project Operators: Projects that are being operated by a third party
shall have sufficient.oversight by he eligible project sponsor as determined by the Board.
_ Such'oversight, at aminimum; will include a project liaison that is a staff member of the
~~ehgible prole'ct,sponsorand;oversight of the.operating hours and admission fees of the
'='facihty~bythe eligible.project sponsor througka legal agreement. All third partyprojects
shall<be open'to th'epublic in:accordance with this rule.
(9) Non-compliance: The District shall terminate a project agreement and demand
return ofprogram 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.
Speck Authority 374.976(2) FS.
Law Implemented 374.976(1), (2) FS.
History-New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-
00, 3-2l-01, 7-30-02, 3-3-04, 4-21-OS.
66B-2.005 -Funds Allocation.
The Board will allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the
upcoming year. If funds are determined to be available for the program, the District will
notify potential eligible governmental agencies of the availability of program funding.
Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25
(a tliru f) Waterways Assistance Program Application Evaluation and Rating Worksheet
(effective date 4-24-06); and 93-25 and 93-25 (a, b and c) Waterways Assistance.
Program Navigation Districts Application Evaluation and Rating Worksheet (effective
date 4-24-06), hereby incorporated by reference and available from the District office.
!3(~
EXHIBIT A
(1) Funding Assistance Availability: In as much as the District has other fiscal
responsibilities and operational needs, financial assistance to eligible government
agencies shall not exceed an amount equal to eighty (80) percent of the proportional share
of the District's ad valorem tax collections from each county in which such agencies are
located. The District may make an exception to this funding limitation, if funds are
determined to be available based upon the District's overall goals, management policies,
fiscal responsibilities and operational needs, or in counties that are recovering from a
state of emergency declared under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at a minimum, equal matching funds from the
project sponsor with the exception of public navigation projects that meet the provisions
of subsection 66B-2.005(7), F.A.C:; and small-scale spoil island restoration and
enhancement projects that meet the provisions of Rule 66B-2.013, F.A.C. Applicant's in-
house'costs;are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial
assistance to"seaports shall require equal matching funds. The District shall contribute no
more`fhan fifty percent (50%) of the local share of the cost of an inlet management or
beach'renourishmentpmject The District shall not contribute funding to both the state
and local shares of an`inletmanagement or beach renourishment project.
(3)Pre-agreement Expenses: The project sponsor.shall not commence work on an
approved project.element priorao the execution of the project agreement unless
_ authorizedby the Board_during thereview_and.fiznding approval process. Board
authorization ofpre=agreement expenses will begiven-for the commencement of work
priorao 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 asatipulated 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 lst to September
30th). Pre-agreement expenses, except for projects approved by the Board as multi-year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses
are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of
the approved pre-agreement expenses will be eligible for reimbursement funding from
the District, except for projects approved by the Board as multi-year projects. The Board
shall consider a waiver of the limitation on pre-agreement expenses for Small-Scale
Derelict Vessel grants when the applicant demonstrates a direct need and benefit and the
project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C.
(4) Multi-Year Funding: The construction phase of projects that are large scale,
involve multiple phases, have a construction time line of one year or longer, or are
requesting a significant amount of assistance funding in relation to the total assistance
available for the county where the project is located, will be reviewed and approved by
the District Board for a multiple year period subject to budgeting and allocation pursuant
to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi-year basis can be made at any time during the application
review process.
(5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the
proportional share of the District's ad valorem tax collections as set forth in subsection
137
EXHIBIT A
66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can
demonstrate that a regional benefit occurs from the port's activities. Financial assistance
to a seaport project that demonstrates a regional benefit shall not exceed an amount equal
to (i) the proportional share of the District's ad valorem tax collections as set forth in
subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated
less (ii) funding allocated in the same fiscal year to all other local government projects
funded in those counties.
(6) Inlet Management and Beach Renourishment: Projects and project elements in
the categories of inlet management and beach renourishment shall be subject to the
following provisions. The District shall contribute no more than fifty percent of the local
share of the-cost of the project. The District shall not contribute funding to both the state
and local shares of aninlet-management or beach renourishment project. Funding for the
construction phase of an inlet management or beach renourishment project maybe
approved by. the District Board for a multiple year period subject to budgeting and
allocahori pursuant to. the provisions: of Chapter 200, F.S. Additionally the following
provisions hall be met for' inlet management or beach renourishment projects:
(a),Inlet 1Vlariagement: Inlet management projects shall benefit public navigation
within the Distnct 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'-Inlef management projects that are determined to be consistent with
Deparhnent of Environmental Protection approved inlet management plans are declared
to be a benefit to pubhc:na~igation. ;
(b)Beacli'~Renounshment: 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 bynavigation inlets, navigation structures,
navigation~dredging, or a navigation project. The determination of beach areas that are
adversely impacted by navigation for the purposes of this program shall be made by
Department of Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate parking must be
available in accordance with Chapter 161, F.S.
(7) Public Navigation: Projects or project elements in the category of public
navigation that will qualify for up to seventy-five percent (75%) program funds must
provide public access to public launching, mooring or docking facilities. In addition, the
following shall apply:
(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.
All other public navigation projects or project elements will only qualify for up to
fifty percent (50%) program funding.
Spec f c Authority 374.976(2) FS.
Law Implemented 374.976(1), (3) FS. - _ -
~~8
EXHIBIT A
History -New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-
99, 3-21-D1, 7-30-02, 3-3-04, 4-2/-OS, 4-24-06, 4-IS-07.
66B-2.006 -Application Process.
(1) Application Period: Applications for assistance through this program will be
submitted during the authorized submission period that shall be established by vote of the
Board at a scheduled meeting.
. (2) Application Forms: Florida Inland Navigation District Waterways Assistance
Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and.93-
22a, Project Information -Navigation Related Districts (effective date 4-24-06) are
hereby.incorporated byreference and available from the District office. With the
exception. of projects eligible under the Small-Scale Spoil .Island Restoration and
Enhancement program, and the Small-Scale Derelict Vessel program, all applications for
_.
financial assistance and support through this program from member counties and local
governments shall be made on Form Number FIlVD 90-22 and shall include a detailed
cost ,estimate submitted on FIND Form No. 90-25; Florida inland Navigation District
Assistance Program Project Cost Estimate, (effective date 4-24-06), hereby incorporated
'; byreference and available ,from the District office. All applications for financial
assistance and support. through this program from navigation related districts shall be
made ori`FIND Form Number.93-22 (effective date 4-24-06), hereby incorporated by
reference, and available from the District~office, and shall include a detailed cost estimate
submitted on FIND Fon:ri~No. 90-25.,In addition, all applicaxifs~shall submit a complete
and detailed~ProjectTimeline.(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 proj ect 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 byreference and
available from the District office.
(5) Application Review: Applications will be reviewed by the local FIND
Commissioner before being submitted to the District office. Upon receipt in the District
office, staff will review the applications for completeness of the informational
requirements identified in the Application Checklist, FIND Form Number 90-26
(effective date 7-30-02) and for compliance with the eligibility requirements of this rule.
When an application is determined by staff to be incomplete or ineligible, staff will
immediately inform the applicant by mail,. The applicant will then have until the date
established by the Board in the application package to bring the application into.
compliance. If the applicant fails to provide a complete application in compliance with
these rules, the application will not be considered for funding. In order to have a
complete application, the applicant shall not only submit the forms required under Rule
66B-2.006, F.A.C., and any other information requirements identified in the Application
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.- - - - - -
f3q
EXHIBIT A
(6) Interlocal Agreements: Applications that the Board determines will directly
benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by
the District's long range dredged material management plans, will directly benefit the
maintenance of the Okeechobee Waterway channel as documented by the District's long
range dredged material management plan, will directly benefit the maintenance or
improvement of District property, right-of--way or navigation interests, or have multiple
funding partners including the Corps of Engineers as the project manager can qualify for
project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or
Section 374.984(6)(a), F.S. District staff will identify these applications and present them
to the Board for their determination as to funding. Interlocal agreement projects shall
comply with all other provisions of this rule, except for pre-agreement expenses,
permitting and property control requirements:--- - - - -- - --- -
(7) Application Presentations: Applications determined to be complete and in
compliance .with~this rule will be forwarded to the Board for review and then scheduled
for presentation toahe -Board at a scheduled meeting of the Board. Applicants can decline
_- _ _._
to make a presentation to the Board by submitting ~a written request.
(8) Application Evaluation and Rating Score: Following the presentations, the
- Board will review he applications and evaluate them using the Waterways Assistance
Program-Application Evaluation and Rating Worksheets No. 91-25 (a thru f) for
Waterways Assistance Programapplications,-and 93-25 (a, b-and c) Waterways
Assistance Program Navigation Related-Districts._applications. The total points awarded
to each application:.by the Commissioners will be averaged to .determine an application's
'; final~ratmgscore..The final rating score for each'application must equal or exceed 35
_; points for the application to be considered forfunding assistance. Reconsideration of any
application with a final rating -score of less than 35 :points will only occur if the majority
of the' Commissioners evaluating the project rated .the project equal to or exceeding 35
points and two-thirds of the Commissioners vote for reconsideration of the application.
.Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief
Applications", shall complete FIND Form No. 91-25F Emergency Re-Construction
(effective date 4-24-06).
(9) Funding Determination: The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if any, to each project and
the projects will be ranked by overall average score to facilitate final funding decisions
by the Board. Allocations will be based in part upon the cumulative score of the
applications as calculated from the Project Evaluation and Rating Form. Allocations will
also be based upon the specific needs of the individual counties.
Specific Authority 374.976(2) FS.
Gaw Implemented 374.976(1) 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-OS, 4-24-OtS, 4-IS~07.
66B-2.0061- Disaster Relief Applications.
Disaster Relief applications maybe submitted to the District and considered by
the Board at any time during the year to provide assistance to an eligible applicant for the
removal of navigation obstructions and repair or replacement of waterway facilities
damaged by a declared natural disaster. The District shall consider these applications. in
accordance with theserules. _ _ _ .
~~~
EXHIBIT A
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, Amended 4-24-06.
66B-2.008 -Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall
be used to plan or carry out public navigation, public recreation, environmental
education, boating safety, acquisition and development of spoil sites and publicly owned
commerciaUindustrial waterway access directly related to the waterways, inlet
management, environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water. These
project types will be arranged into a priority list each year by vote of the Board. The
priority list will be;distributed to applicants with the project application.
1. Public navigation channel dredging;
2: Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation in the District;
4: Public shoreline stabilization;
5: Acquisition'and :development of publicly owned spoil disposal site and public
commerciaUindustrialvaterway access;
6: Waterway signs and :buoys for safety, regulation or information;
7. Acquisition and development of public boat ramps and launching facilities;
8:'Acquisition anddevelopment of public boat docking and mooring facilities;
9'Derelict Vessel~Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program
funding or matching funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, imgation 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 tenon-waterway users; _
4. Parking areas for non-waterway users;
5. Utilities for non-waterway related facilities;
6. Lighting for non-waterway related facilities;
7. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.;
-~kl
EXHIBIT A
l 1.Office space that is not incidental and necessary to the operation of the main
eligible public building; and
12. Conceptual project planning, including: public surveys, opinion polls, public
meetings, and organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of
an itemized expense list:
1. The following project costs will be eligible for program funding or as matching
funding if they are performed by an independent contractor:
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying costs for completed
construction project;
c. Restoration of sites disturbed during the construction of an approved project;
d. Equipment costs.
:Before reimbursement is made by the District on any of the costs listed in
subpara a h .1. above, a construction.contract for the project, approved and executed by
S~' P
the project sponsor-and project contractor must be submitted to the District.
2"Marine law: enforcement and other vessels are eligible for a maximum of
$30,000 in initial District funding: All future replacement and maintenance costs of the
vessel and Yelated equipment will be the responsibility of the applicant.
3 :Waterway:related environmental education facility funding will be limited to
those .projectelerrients directly.related to the District's waterways. _ .
(d) Phasing of Pro~ects:,Applications for eligible waterway projects will be
submitted as a phased~project where Phase I`will include.the design, engineering and
permitting 'elements and Phase II will include the construction of the project. A
`description and cost-estimate of he Phase II work shall be submitted along with the
Phase I application for Board review. Applicants for construction projects that include
elements" that require-state or federal environmental permits will demonstrate that all
required environmentalpermitting.will becompleted by the District's final TRIM
hearing. This demonstration will be by the submission of the required environmental
permit(s) or by the submission of a letter from the agency(s) stating that a permit is not
required. Should the environmental permitting element of an application that has
construction elements that require state or federal environmental permits not be
completed by the District's final TRIM hearing, the construction portion of the project
will not be considered for funding: The District will not deviate from the funding
schedule, whereby funding decisions are completed at the final TRIM hearing, to
accommodate any application deficiency.
(2) Property Control: The site of a new proposed land-based development project,
with the exception of those projects requesting Small-Scale Spoil Island Restoration and
Enhancement funding, shall be dedicate~i~ for the public use for which the project was
intended for a minimum period of 25 years after project completion. Such dedication
shall be in the form of a deed, lease, management agreement or other legally binding
document and shall be recorded in the public property records of the county in which the
property is located. This property control requirement also applies to a project site owned
by another governmental entity. The governmental entity that owns the project site may
be joined as a co-applicant to meet this property control requirement. Existing land based
development projects that are being repaired, replaced or modified must demonstrate that
l~{a
EXHIBIT A
the project site has been dedicated for public use for at least 25 years with at least 10
years remaining on the dedication document. Property shall also be deemed dedicated for
public use if
(a) The property has been designated for the use for which the project is intended
(even though there may have been no formal dedication) in a plat or map recorded prior
to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the ,
property for the public use for which the project is intended for a period of at least 30
years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the property
as shown on the plat or map, nor has there been any judicial determination contrary to the
--- ---- -- -----=use by-the public for the use shown on the plat or map.
(3) Permits: ,The project sponsor is responsible for obtaining and abiding by any
__.and all federal, state and local permits, laws and regulations in the development of the
' _ .._ __.pro~ect. ':'
_ ;.
(4) Public Marina Qualifications: All public marina projects funded through this
program shall include sewage pumpout facilities for vessels, unless the applicant can
'~-:demonstrate that inclusion of such a facility is physically, operationally or economically
' impracticable. All public marina projects funded through this program shall have at least
ten percent (10%) of.their slips or mooring areas available for transient vessels. Program
- - --_:- funds'to public:marina projects shall not be utilized for maintenance of the facilities if
revenues ~gerierated by the facility are not exclusively allocated to the operation,
maintenance acid improvement of the public marina facility.
(5) Final Decisions: ,The Board will make all final decisions on the eligibility of a
,-Project or specific project costs.
Specific Autkorzty 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,
AmendedS-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-IS-07.
66B-2.009 -Project Administration.
The District will appoint a project manager who shall be responsible for
monitoring the project and the project agreement. The project manager shall also be
responsible for approving all reimbursement requests. The project sponsor shall appoint a
liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in
carrying out the terms of the project agreement. Administration of the project will be as
follows:
(1) Project Agreement: For each funded project, the District and the project
sponsor will enter into a project agreement, prior to the release of program funds, setting
forth the mutual obligations of the parties'concerning the project. The project agreement
shall incorporate the applicable policies and procedures of the program as outlined in this
rule. Project agreements will befor atwo-year period with the possibility for one, one-
year extension. Any request for cone-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
I~
EXHIBIT A
will take into consideration the current status and progress of the project and the ability of
the applicant to complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the
amount and source of the matching funds it will be using to match the program funds
supplied by the District for an approved project. The project sponsor shall provide
suitable evidence that it has the matching funds available at the time the project
agreement is executed.
(3) Agreement Modification: All proposed changes to the project agreement must
be submitted to the District in writing by the project sponsor accompanied by a statement
of justification £or the proposed changes. All project agreement amendments shall be
approved by the District Board, except that the Executive Director may approve a minor
--- °------- project agreement amendment for a project within a county with the local District
commissioner's concurrence. A minor project amendment shall not change the approved
project's category nor result in a reallocation of more than 35% of the approved funding
_ of the project among project elements. Project agreement amendments will not include a
change.to the approved project's location or:a change in the approved project's purpose or
project type. Agreed changes shall be evidenced by a formal amendment to the project
agreement and shall be in compliance with these rules.
-(4)'ProjectReporting: The liaison agent-will submit quarterly reports to the
projectmanager: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..'
(S) Reimbursement Requests: The liaison agent may submit periodic
reimbursement requests during the project period in accordance with Rule 66B-2.011,
F.A.C. The project manager will approve or disapprove all reimbursement requests. The
final payment of program funds will be made upon certified completion of the project by
the District.
(6) Project Inspection: Upon reasonable request, the project manager shall have
the right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of
the date of the beginning of the District's first fiscal year for which the project was
approved. If the completion of a project is impacted by a declared state of emergency and
the Board waives this rule section, the extension of time granted shall not exceed one
additional three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the liaison
agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective late 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.
«u
EXHIBIT A
(c) Photograph(s) showing the installation of the sign required by Rule 66B-
2.013, F.A.C.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(9) Project Completion Review: The project manager will review the project
completion package and will authorize or reject the final reimbursement payment which
will include all retained funds from previous requests.
Spec~c.4uthority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History--New 12=17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02.
66B-2.011-Reimbursement.
The Distnct shall release program funds in accordance with the terms and
conditions set fortfi iri the project agreement. This release of program funds shall be on a
reimbursement only basis. The.District shall reimburse the project sponsor for project
--- costs~experided on`-the project in accordance with the project agreement. Project funds to
be reimbursed will require the submission of a Reimbursement Request Form and
required supporting documents;-FIND Form No. 90-14 (effective date 7-30-02), hereby
incorporated by refererice and available from the District office.
(1) Authorized Expenditures: Project funds shall not be spent except as consistent
with~the project agreement::cost estimate that was approved by the Board, which shall be
an~attachnientto the-project-agreement. This"cost estimate will establish the maximum
funding assstanceprovided by;ahe District~and.the'percentage of funding provided by
each°party to the pro~ect.~:TheDistrict>will'pay the lesser of (a) the percentage total of
project:fimding that the_Board has'agreed to -fund, or (b) the maximum application
funding assistance amount
(2) Phase ~I Reimbursement: In accordance with these rules, reimbursement cannot
be made on a Phase I `application until a construction contract is executed by the applicant
for the construction phase of the project. If the Phase I project is completed but a
construction contract is not executed by the three (3) year project deadline, then the
District shall only allow one (1) year from the Phase I project deadline to enter into the
required construction contract before the Phase I funding is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the District
and summarized on the Reimbursement Request Form. All requests for reimbursement
shall include supporting documentation such as billing statements for work performed
and cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10%) of all reimbursement
payments until final certification of completion of the project. The District shall withhold
any reimbursement payment, either in whole or part, for non-compliance with the teens
of this agreement. •~
(5) Check Presentations: A District representative shall present the final
reimbursement check to the project sponsor during a public commission meeting or
public dedication ceremony for the project facility.
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, Amended 3-31-99, 7-30-02.
~~-5
` EXHIBIT A
•: , 66B-2.012 -Accountability.
-_' _ _ _ _ _ ___ __ The following procedures shall govern the accountability of program funds:
- (1) Accounting: Each project sponsor is responsible for maintaining an accounting
,system which meets generally accepted accounting principles and for maintaining such
financ2al records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status
.:reports to FINU,in accordance with subsection 66B-2.009(4), F.A.C.
- ,= ~ }(3) Completion Certification: All required ~fmal completion certification
~: doer ments and materials as outlined in subsection 66B-2.009(8) F.A.C. of this rule shall
;nbe submitted to the District prior to final reimbursement of program funds.
(4)~.~udihng.'All project records including project costs'shall be available for:
_ '~ evx~ f by th~e~District,oraby=an auditor selected b he District for 3 ears after
;:
- ----
' 47§ ~~ ._.k co ton~of the'pro~ecf Any such audit expen es incurred shall be borne entirely by the
z ~~
t =~ -
{ ;~~{tia ~ ` 'r `eats nsor ~ , ~, `- } ~ ,;. ~ ~` _
5',,~k ~ 5 ~_;~ect Records The project sponsor.shall retain all records su ortm ro ect
`~~~ ~' J pp,. g P J .
`~~ ~ :`~~ t co ' o ' e ear=s afte~either,tthe completion of he project or the final'reixnbursement'`
n Never is ~
"~ ~ ,~ ~ ater~exce t~ at should an ,
~~~ ~,~,~ y~th4 enodi `the' rolteg~ tion,~claim; or special auditarise
e r fixation of the~three~ .ear
' ~ , ~ p~ p ~ sponsor.shall retain all records
„- ~ F~ maI peso uhon~of~such~rnatters
q, ,~~ ~: ~. ~e ~.ymen~~Is~fo,~und}by,any State, County,~F1ND, or independent audit
__ ~. _ •
~~hayenot been used m~acc
~~' ~ ~ -~' ' ~_ ~ ~ ~ . ordance with'this rule;and applicable-laws; _
' ~ `~,~.~' ~ , k p gr
u e bnoy/~,sh,~alltrepay~'~he misused ro am funds to the~District.
"' -~~ '- ~ h . ew 7k90Fo'riner1yr16T 2.012, Amended 7-30=02.
.,
.~~
`~ ~.~ ~ ~.
~~~ ~ t'~ ~ , ~,
~~` ~ ~ 6B s3 rAckuowledgement
~t• f 1,
~~~.~ ~The• rolectaponsor shall erect a permanent sign approved by-the Distnct in a
> >
' ~'~ I}~ro ~ ent~location fat the'.completed;project which indicates the'District's participation'in"
;'the project~This sign shall contain theF1ND: 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;pubhcation. 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.
Spec f c Authority 374.976(2) FS. `
Law Implemented 374.976(1) FS.
History -New 12-17-90, Formerly 16T-2.013.
66B 2.014 =Small-Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and
natural islands within the District's waterways for recreational, navigational, educational,
and_environmentalporposes. The applicable provisions of this rule apply to these
applications with the following additions or exceptions:
(1) Application Procedure - A Request for Proposals procedure will be used to
request proposals for consideration. Proposals shall follow the format described in FIND
Document #03-02, Call for Proposals -Small-Scale Spoil Island Restoration and
i~~_ _
EXHIBIT A
Enhancement Program (effective date 7-30-02), hereby incorporated by reference and
.._ ,.. - __ _ available from the District office. Proposals maybe submitted to the District and
considered by the Board at any time during the year:
':. (2) Matching Funds: ,Small-scale spoil island restoration and enhancement may
`qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%)
`: matching funds may include in=kind contribution pursuant to paragraph 66B-2.014(4)(b),
.. ..
-F.A:C: _ _
•: (3) Eligibility: All proposals must meet the following eligibility criteria to be
considered for funding.
(a) Management Plan Compliance: Pro~ects:`shall be in compliance with the
provisions of any',Spoil Island Management Plans or~other management plans that govern
:'the Project site $ 4 uk -
f' (b)`Property Control The Project Sponsor must have written property rights on
the Pro~ect4site to construct and'mamtairi the Project for a inmim~um of five, years: Such
' ~ property~rtglits~can beam the~.fonxi of a lease~tinterlocal~agreement; use`agreement or other.:
~~legal~fortn~r ved;~y,the~Dzstnct~
-: ~~ 4 ~s~lo~cafton t~Funds shall be allocated pursuant to Rule 66B-2.005
~:aF~A~ . s b e t to lie e a ptio s'~~tde.ntified;~ir this rule and -with ~'the_following additions:
~~~(a he '1s ct~shallrifund a:maximum of upao $7 SOOperproject not to exceed,
t
$22,50~,~~per~Coungt}~ per f~cal'year:
(b)The~Pr~o~e~Sp.onsor~may contribute m kind;construction labor; such m-kind
cotistrttGtio . abo oasts will notbe,counted b'y the District as exceeding $10.00 per;hour.
. ~s r iu e~osts.can be c~orporated'into the Project as Project costs.
~~ (`e~ The iinda~ providec~.byahe District-shall onlybe allocated:for specific
~Pro~ect~ p ns~s~' u~ch~asiconstruction~matenals plant materials ~~herbicides etc.:The .
„fiuldin;~ prow ~e ~'y'~ ~e~IDistrict shall not~be,allocafec~ ~'orparties food or beverages:
(5) Ho1d~~armless Waiver All :voluriteers;' who are not, government:employees, .,
. ,. shall sign a~hold3laarmless~:waiver Form No. ~02-01'(New 7=30=02) as approved by the
District and hereby incorporated by reference and available from the District office.
Specific`,Authority 3Z4.976(2)'FS.
Zaw Implemented 374.976(1) FS.
History `- New 7-30-02, Amended 4-24-06.
66B-2:015 _--Small-Scale Derelict Vessel Removal Projects.
Proposals shall be accepted for financial assistance for the removal of derelict
vessels within`the District's waterways. The applicable provisions of this rule apply to
these applications with the following additions or exceptions:
(1) Application Procedure -Applications shall be submitted on a completed
FIND Form No. OS-O1 (Small-Scale Derelict Vessel Removal Program) (effective date 4-
24-06), and FIND Form No. 01-06 (Small-Scale Derelict Vessel Removal Program -
Project Cost Estimate), (effective date 4-24=06), hereby incorporated by reference and
available from-the District office. Applications maybe submitted to the District and
considered by the Board at any time during the year.
(2) The District shall only fund applicants that have identified derelict vessels to
be removed and have a current bid for removal for such vessels, or have completed the
removal of such vessels within the 6 months preceding the application, subject to
eligibility under these program rules. - - . - - - - _.
~~~
EXHIBIT A
(3) The program must be sponsored by an eligible government agency ornot-for-
_ __ `-profit.organization.---_._ _._ _ _.
(4) District funding shall be limited to $10,000.00 per county, per year, provided
on a reimbursement basis only. The limitation onpre-agreement expenses may be waived
by the Board iri accordance with`subsection 66B-2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project
completion In no case shall the District's cost-share contribution exceed 50% of the total
project costs'In-house pro~ect~riianagement or administration costs are not eligible costs
fh s'or matchuigosts T
^~ ~' ~{(6)~Tlie~"derelict vessel must be located in, or immediately adjacent to, the Atlantic
. Intracbasta~j aterway orthe Ol~'eechobee Waterway.
.;'. ~ ~ ' F(7)~'he.D~~rrcf~`hall e"recognized when possible"in all written audio or video
„` ,~ : ;advertisi . g pyd{promotions as a;participatmg<sponsor of the program. -
~n~ s :r ~~~ (8 : ;he~fundmg~ded by'the Dtstnct shall only_be allocated for.removal of
~ dere is essels e D s, ~s ~ ro idrn ro am reimb
' r _
., . , , {~, ~ -a~~'^'~,+ ursement funds`only and shall be
,. }hel ~harin ess w th xegar _ to a ~ctiyrties n~hated b the a' licant.
~' `~ 9 ='~ a rcant a .. a es onsible for all:maintenance management, .disposal
) p p ,
Viand opera ng e~cpenses. ~ to th the program:
~ (410; und$ d~n~v~`~ed m h~esaleof any,derehct~vessels or vessel.parts removed
' through this ant r gr us,, be~remvested into the applicants derelict vessel removal `
,: ~ a }.
:program -, ~~ _ .
'~~ ~` ~ ~ e ~~'stri oar ~`"h~all make allf~final-decisions concerning the provision of
s~ ~~ {,~ ,
~4 ~ ^~
p,~fio t ot~ ~ ;~ ~. ~~ r ; ,
Law~frnp e [e 14 /1 '~~~ ' f ,~
~,~Hisfo ~<5~ a6~,Am~`ent~c~~4 1 S 07~',, x ,+,
s ~ r~ ,`,
f Protect Elements
ACQUISTION
1
SITE WORK
ROADWAY
PARKING
TOTALS
EXHIBIT B
City of Sebastian -Main Street Boat Ramp
Cost Estimate Summary
Quantity Estimated Cost Applicants Cost FIND Cost
$645,600 $484,200 $161,400 _
$132,618 $66,309 V $66,309
$237,848 $143,923 $93,923
$511,293 $343,393 $165,900
$1,527,357 $1,039,825 ;5487,532
~~~
EXHIBIT C
_.__. ___
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds`Certification
i r - t s
k ~ i '.. E
4
F `Sponsor : ~ ,, },~
~ K Pro~ectI'itle ~ S-r _ ject ~ ~ ~
#. ~: c ~~-
~.~~,, ^ ereby~(~-certify~ttiatthU,,e~<^above~referenced~project }Sponsor, as of October;: O1,
ti ~„ - ~`t~s ~ ~w -. r r"k~ t~. '"' .~ 9pA'.krrw <xi ~xwr},~, t - ~ - :. .;-
20.0 a ~ equ~red ma~chmQo~unc~s for~theaccomplishment of.the .referenced project
y~ in~'ac b~, ance with?the~Watervirays~Assistance~Py~r]ogram ,Project Agreerrient:between~.the
`~~,'. tv'~4ii' `' ~y dry` 7 ,:.,'r`N ~~4j~.-'-' 3r 1 ~~?- ~; ' r1~~.' Yes k .' ..
- ~ f:, a ~Flonda~~-I andNavigation+cDistrictgand the tSponsor; dafed ~'October~ 200 `
,~F l ; 1 _
6 2
5 ~ r
~i ~
y I?ro~ect aison~Name ~ ~ C .°,
w ~ ~ x
i
`~~;~~Pro~ect Ita~son"~`Signature :~T,
~ ,~5
~~ Date
_~.
*S. 837.06 Florida Statutes, False official statements. -Whoever knowingly makes a false
statement. in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01 --
~. New 9/9/95 (revised 7-30-02)
150
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT NO.:
- _
-- . __ . .
;PROJECT SPONSOR:
BILLING NO.: ~ .
~
:
Amount of Assistance
=. All Funds
Previously.Reguested ~r
y
Balance Available., _
{ F~ ~ ~ ti*-±Y~.
.1 F
unds~Requested
s' _
,~ ,
1
.
Less~R~e~atnage~(10% unless final) "_ ,
. ~- '
y Gheck~A oun
t~
{
:,B~la~.ce vallable
.
~ „
Less Cf~eck/~motant
~ ,~~-
' ~ Balance"
,Remain in
9
` ;
`
~~
~, ~
~ ~.
~' `SCHEDULEiOF~ ~EXPENDiTURES
"~' = Ex ense Dom' cr tion
P~
.
~ -p ~' ~~
.~ ~ .
~Check~No ~ ~~Total '
Applicant ~~'FIND~~; ~-
,
1~
~
''(Shouldcorre's~pond
~to ~ Vendor Name,.andfDate L ~` _Cost Cost `~`
Cost~
,
Cost~Estir ate~:Sheet
' .
~,
<' Categones _in'Exhibit."B") '
-. Fw.^ - t _ -
~~ ~: I.
,1\'
FIND -Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02) - - ~ ~ - - - -
l54,
FIND -Form No. 90-14
Page Two
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Certification .for Reimbursement: I certify that the above expenses were necessary and reasonable
for .the accomplishment of the approved project and that these expenses are in accordance with
Exhibit "B" of the Project Agreement.
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. -Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be _
guilty of a misdemeanor of the second degree, punishable as .provided in s. 775.08 or s. 775.083 F.S.
FWD -Form No. 90-14
Effective Date 7-30-02)
_.. .
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
*S. 837.06 Florida Statutes, False official statements. -Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 ors. 775.083 F.S.
FIND Form No. 90-13 ~-
(Effective Date: 12-17-90, Revised 7-30-02)
153
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02 _
(Effective Date: 7-30-02) - '_ ~ - - - -
i
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2007 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2007 - First Quarterly Report Due.
`MARCH 15, 2008 - Second Quarterly Report Due.
7UNE.30, 2008 - Third Quarterly Report Due.
SEPTEMBER 15;`.2008 - Fourth Quarterly Report Due.
DECEMBER30; 2008 - Fifth Quarterly Report Due.
~. MARCH 15, 2009 `- Sixth Quarterly Report Due.
JUNE 30, 2009 - .~ -- - Seventh Quarterly Report Due. -
'NOTE.~`~If project will not be completed and all close out paperwork submitted by
September ls`' a`request for an~extension of the completion date of the project
should be `submitted with the quarterly report.
.SEPTEMBER 01, 2009 = Closeout paperwork due.
SEPTEMBER 30, 2009 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. The appropriate timing 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 B may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
X55
EXHIBIT H
l5~