HomeMy WebLinkAboutExhibit SUBFLORt INLAND NAVIGATION DIST cIC--
PROJECT AGREEMENT
at ' .
y aid :,,LvvCe"1 the t 1'urida Pliiai d Navigation District
(hereinafter the "DISTRICT"), and the City of Miami. (hereinafter the "PROJECT
SPONSOR"),
In consideration of the rnutual 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 Dinner Key Mooring Field Project — Phase I1. 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, 2008, 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, 2006. 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 1GLiUGI 1V1 G1iLG11J1V11 VL 1U11U111�' UyU11u L11G ante JCL I01L11111 i11c pleLCU111g paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT
n o later' than July t 2008. This re t, .e ,tili1 then be J sidere t }ri`ale DISTRICT Board, 'pia% hose
decision shall be final
ASSISTANCE AMOUNT N7 The ` DISTRICT shall "-pore .SE if
(5 °./iPROJECT SP A1S RS costs fm 1 t f t
percent t l,�, G1 of the iR�J�`. l_ �1 ��I N out-of-pocket -'-- .. .. ,_ ,_ _.
._ _--�Ji,.e_3 C'��.vii "if �el�_in this
1_f) EC'T ( POJ C T _ . OUN ")Pavmer't of t,Tnc c h ' the D:STRICT the PR O r ty T
SPONSOR (the ASSISTANCE.'. 131jLTi '_ be __, a reimbursement -bass 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 $424,745.00.
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 funs using DISTRICT Form #95-01 (Exhibit C), and including upb
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 b the DISTRICT. Audit exjenses shall be borne by the PROJECT SPONSOR.
THIS DOC 1 )� R� Li BSTITLTy TO
ORIGINAL 1.31
SEEN AT END
r fo�ea_t funds may be r -Jea.`ed t _ installments, enls att discretion the DiS'I % s
., � - - _ .. �l L�, is,. t_,��i t.i� _ �u. RI .x, upon
��, t e t G ;.
�.tGt7iitt.?1 of a payment request •� _iliy � tii_�.1�� � .`3I�t>>i��.�ie. or LIAISON :'"I" �� � . The
DISTRICT' r IC.. ~Ball retain t: n Percent f 6 , /rj of each installment na jr" vnt until the completion ' t'Sh;e
_' R v . LC' i .
The 'following, costs, if authorized in the attached Exhibit B shall be. reimbursed or6y
'upon c=ipletion of the egR "1i F- iti'E. , •eas 3..able satisfaction f the DISTRICT and n
i
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 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.
THIS
SEEN AT Tr a
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11. DISTRICT PROJECT MANAGER - Executive Director, P his designee,
is hereby designated as the DIS,[RiCT's Project Manager or the purpose et this Pr
\grncmcrt....1.`i shall be responsible: f.,. -;-`-;1 ``_ing ._j;o _.;ie_-" of _ rrns and. ecJidi,.<C._..-'
_ t �.
for approving all reimbursement requests prior ravmen1
.
17. SPONSOR';S L/AI.SON AGENT The PROrm-CT SP g?NSOP. h 1a.ppoint
LIAISON AGENT, , whose name an.d tide shall be subnii.nned .L .the DISTRICT RICI upon execution_ i_➢j
- 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
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quire the prior approval of the DJS I,R JC 1' ' i he PR OJE ? SPr NSOR sr co d
__ � J. .J tali re... evidence of
uch dedication within the Public Records of the Cou.icy in which the PROJECT is located.
". ACKNOWLEDGMENT — For construction projects, the PROSECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT„. a prominent location at the
completed protect which shall indicate that the DISTRICT contributed funds for the PROJECT
'The ,v ding r he sign required red this paragraphGhat' be approved by the UI o
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. For all other
type projects, the 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 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.
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
TH
SEEN AT EN
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'ENT
PROD E-C i . 'The PROJECT SPONSOR may n is
g1 Ll
-L`reerhenat nor
liter :;st hereunder
.without the express prior written consent of the DISTRICT,
T,
2, WAIVERS i aivel i breach of t y r)ro ':.i[ _ _ . ,7 grternerit h l r & �
n v I 1 of 'ieGnit:C a V;".�ivt,? of any other breach the same or different inrcrvision..
NOTICE - Any notice required to he 2isre�f p,t; 'oant to the terns an
prn /t :? C'r'c
e'
.i_.shall 1)l�L��, ;L Cuy E•,.1 ��,id._x 2_iu` :L;-�'t:i'"i'1
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 Miami
Attention: Grant Administrator,
444 SW 2nd Ave., 5th Floor
Miami, FL 33130
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, oth6r than another governmental entity that agrees to
assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the
ll�lll LU lUll 1G1111UU1JC111G11L 110111 Mc rrtVJP . 1 Jr iiV J'JLt LU LUC 1U11 CXLCIIL U1 L11C iuiluiitg
assistance provided by the DISTRICT, including but not limited to any costs and reasonable
THIS DC
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attorneyfees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting
said tehnburse,merif,
27, ENTIRE UNDERSTANDING --This _Agreemen, Includinct any exhibits rt1ciea
part hereof, ,..Tobodies the entire Agreement and und.erstanding of the parties an.d supersedes all
prier oral and v,iritten cnrm_munications between them, 1.'he terrris berecif may be modified 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: FLORIDA INLAND NAVIGATION DISTRICT
By:
DATE:
Director
WITNESSES: PROJECT SPONSOR
By:
Title:
DATE:
THIS
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'FLORIDA [N{. AiN Ar'elie ATsON iS1R1C .
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST6 ESTIMATE
ect n &iB 2OOq 2M08
for 4igibility
PROJECT TITLE: Dinner Key Mooring Field Project Phase II
4P LI.CANT:
City of Miami Depa -tment of Public Facilities
Project Elements
(Please list the AL4JOR project elements and
provide a general cost break out for each one,
For Phase I Projects, please list the major
elements and products expected)
Quantity Estimated
Cost
(Number and/or Footage)
Applicant's Cost
FIND Cost
Project Management
$50,000
$37,500
$37,500
Removal of debris (engines, tires, etc.) and
vessels from bay bottom
$150,000
$75,000
$75,000
. Jware and installation of 225 moorings
@ $1,900 each
$427,500
$213,750
$213,750
Lighted regulatory field buoys 80 @ $750
$60,000
$30,000
$30,000
Navigational aids and signs
$10,000
$5,000
$5,000
Harbormaster's office, restrooms, showers,
lounge
$81,000
$40,500
$40,500
Work vessels to transport to mooring and
for maintenance
$20,000
$10,000
$10,000
Facility customer service vessel
$20,000
$10,000
$10,000
Pickup truck
$15,000
$13,045
$1,955
Utility work cart
-$4,000
$3,480
$520
VHS radios, transformers, antennas, etc.
$4,000
$3,480
$520
** TOTALS =
Form No. 90-2
GETXP
THIS DO'.
l Niof -- .:
SEEN AT
$841,500
$441,755
$424,745
.-r
tkiiN TO
W j CAN E
vi E r T Agenda 10
t
CHAPTER 66B-2 _--- WATERWAYSASSISTANCE PROGRAM (2006)
66B-2.002
66B -2.003
66B =2.004
66B-2.005
66B-2.006
66B-•2.0061
66B-2.007
66B-2.008
66B-2.009
66B-2.010
66B-2.011
66B-2.012
66B-2.013
66B-2.014
66B-2.015
:irpl.ls
Forms.
>eIiniti n3.
Funds Allocation
Application Pry coss.
Disaster Relief Applications.
Application Form. (Repealed)
Project Eligibility.
Project o.t Administration.
Project Agreement. (Repealed;
Reimbursement.
Accountability.
Acknowledgement.
Small -Scale Spoil Island Restoration and Enhancement Projects.
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 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.
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.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History —New 12-17-90, Formerly 16T-2.002.
66B-2.003 — Definitions.
Tl_ _ 1_ _
1111, vuJil, t..4 1J Ui111LC,U 111 11113 1 U1G c11G LLG1d1LGLL C1s 1U11Uws.
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the required documentation.
P r'r
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7.,
MTUTiON TO
a \L CAN BE
`d a
EVENT
(3) "AUTHORIZED SUBMISSION PERIODmeans the established period for
submitting applications to the DIstria:t.
4) "BEAM RENOURISHMEN ' n eanG he pi CMCnt 7,f Qa beach .io,r the
i'
nourishment, renourishment or restoration of a beach.
(5) "BOARD"t4 7? 7.
means the Board of Commissions .i`s ..�� the F,oi ict3 iiiaaind NaI,€+aLi)il.
District.
(6) "DISTRICT" means the Florida inland d avigation District (FIND).
.
() "ELIGIBLE `tl..GOVEea._!`V \'JENA, member ::. Jet nt..es, R. ... _
goverrunents 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
and issued by or on behalf of the U.S. ,Array 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" rneans the Executive Director of the Florida Inland
Navigation District.
(10) "LIAISON AGENT" rneans the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
(12) "MATCHING FUNDS" means those funds provided by the local sponsor to the
project.
(13) "MEMBER COUNTY" means a county located within the taxing boundaries of
`1"°``" "`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 -AGREEMENT 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 and 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 MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project agreement.
(21) "PROJECT PERIOD" means the approved time during which costs may be
1nc11rrP.CI and rharaPri to the fiinri,ri
(22) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(23) "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
} as
ORIGINAL J
SEEN AT END OF �
H O
operator: The buildin.oTaciii,y must rofide t ry y related information, public
meeting space, -r educational services and be open to "c rnbers of the public on u. or edLob 6LLAlldAQt s:+l. lb\... QI.S.t
continual basis `:without discrimination,
(24) "PUBLIC MARINA" means a harbor complex used primarily' for recreational
boat mooring or storage, the services of which as' open to the general public on a first
come, first served basis without any, qualifying requirements such as club n embershio.
stock ownership, or differential in price.
r )'Sf "TRIM Hl✓• .A 1•`1 }J L.." means a public tear - e:d
concerning the tax and budget of the District.
(26) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee
Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those
portions of the Dania Cut -Off canal and the Hillsboro � canal east of the water control
structures, all navigable natural rivers, bays, creeks or lagoons intersected by said
waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending
from said waterways.
(27) "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.
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, Amended 5-17-98; 3-21-01,-3-20-
03, 3-3-04, 4-21-05, 4-24-06.
66B-2.004 — Policy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation
may be provided to eligible governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or cooperation in
planning, acquisition, development, construction, reconstruction, extension,
improvement, operation or the maintenance of public navigation, 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
directiy reiatea to me waterways. laligible 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 the .la, n,g. 1 gu sitian of e.-n4at l
THIS
SEEN AT ENO
1
i
Board finds that the site is required for the long-range maintenance of the Atlantic
Intracoastal Waterway c,ha_ riel. All such sites must meet the development and openat ona, `
criteria established hDistrict though long-range dredge material management r
tom, established `l the :�_ - _ b .i:�� L.. �,..JF _.. l.�rl C: idii2.-., i C;.: _ -'--
for that county, Navigation related districts may also be pro; idea with assistance for
onvirori dental mitigation projects associated with waterway irrlproveinent related
activities and inlet management projects if the Board foal s that the protect benefits public
navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall
:oilt,.ibute at least equal matching funds
d, to any ti ct financial assist-,9nce provided,
ide'ci.
Seaports may also be furnished assistance and support in planning and carrying out
environmental mitigation projects. All seaport projects shall benefit publicly maintained
channels and harbors. Each seaport shall contribute matching funds for funded projects.
(d) Eligible projects shall include 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 a non-exclusive basis without regard to race, color, religion, age, sex or similar
condition. Additionally, facilities funded in whole or in part by program funds, shall not
require a paid membership for the general public of all of the member counties as a
condition to use the facilities. User or entrance fees may be charged for the use of
facilities funded in whole or in part by program funds, however such fees shall be
reasonable and shall be the same for the general public of all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as not to
impact navigation along the District's waterways through the placement of structures,
attendant uses, or the necessity of a boating speed zone for safety purposes. Before
applying for boating speed zone designation in District waterways because of a project
funded by this program, the sponsor shall first receive approval from the Board. The
Board will use the criteria found in Section 327.46(1), F.S., in determining whether to
approve the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation,
maintenance, and management of the project for the anticipated life of the project and
shall be responsible for all expenses required for such purposes. The project shall be
maintained in accordance with the standards of maintenance for other similar local
— 1_ 1___1 T - • r •1-.•
aivuiul JLU1.1l1LLLU.). 1 1UJ% VL 1C0r11111GJ CUIU
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.
THIS
FL
SEEN ATiLpr
]TUT O q TO
RrL CAN BE
UMENT
b i) Public Information V _.i.! L f.lt Public l c info :no n produced and l itiwithassistµ assistance
_ this program shall not b 4cpyrig te,j ry,ll e, pr _ded free of 'o st_ except f..,
the cost of reproduction, to the public,
(8) Third -Party- Project operators: Prepy e is that are being operated by a third party
shah have sufficient oversight the eligible project sponsordetermined -the Board,
byq..._g_ r. L� l sponsor _ as Cl-.. Cr:'27.rned byA_:,
Such oversight, at a minimum; will include a protect liaison that is a staff member of the
eligible project sponsor, and oversight of the operating, hours and admission.
n. fees of the
`-a,eil ty b f3'1 eligible project po -i }-I �'1 i ai tc ree+r n. 1!< third 'r -�
= G sponsor Ll?I �_` - o•,.� F.. xly = .. - . � c<, ..�
shall be open to the public in accordance with this rule.
(9) Non-compliance: The District shall terminate a project agreement and demand
return of program funds disbursed to the project sponsor for non-compliance with any of
the terms of the project agreement or this rule; if such non -Compliance calls into questicn
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 prograrn until such
time as compliance has been met to the satisfaction of the District.
Specific 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, 3-21-01, 7-30-02, 3-3-04, 4-21-05.
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 thru 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.
(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 cols-z.vuo( /), r.A.�., 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 than fifty percent (50%) of the local share of the cost of an inlet management or
THIS U M NT
beaa.ch renourishment project. The District t shall not contribute funding to both the, state
and local shares of an inlet management or beach renourishment project.
(3) Pre -agreement Expenses: The project sponsor snail notcommence work oor approved project element prior to the execution o i the project agreement unless
t h� theBoard during 9 Board
authorized tl vrl�,ed by the review and funding approval process. 1�Gara
authorization of pre -agreement expenses will be given for the commencement of wcrK_
prior the u n tagreement �j r, -1 a that t77,,,, �.
}mil" to execution of a project if the Board determines Lt�GL. there is Ce.
benefit to the District, its waterways or its constituents, Ali 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 Lhe Board. Pre -agreement expenses will be
approved if they are consistent with the provisions of Rule 66B-1.008, F.A.C., and occur
within the fiscal year of the grant application submission (October 1st 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.
(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
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 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
aiiocaiion pursuant to ine provisions of Chapter 200, r.S. Aciditionalty the rollowing
provisions shall be met for inlet management or beach renourishment projects:
(a) Inlet Management: Inlet management projects shall benefit public navigation
within the District and shall be consistent with Department of Environmental Protection
approved inlet management plans and the statewide beach management plan pursuant to
Section 161,161, i ,S, Inlet management protects that are determined to be consistent with
Department of Environmental Protection approved inlet managementare declared t.. plans eu: Gad
to be a benefit to public navigation.
(b) Beach Renouristiment: All projects in this category shall be consistent with the
statewide beach management Alan. Beach renourishment projects shall only include those
leaches that have been adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination of beachy�areas that are
adversely impacted by t a, •igaR o_ for purposes , s, .f ,._ program h be mad. �-+},.
'r � L ii _ e i �,L� _ � . �--3i�_ shall made
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 withChapter 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.
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, Amended 5-17-98, 8-26-
99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06.
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 by reference 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 snall be mace on rorm Number t11Vll 9U-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
by reference and available from the District office. All applications for financial
assistance and support through this program from navigation related districts shall be
`3 �t
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S CUMENT
made on FIND Form Number 93-22 (effective date 4 1.4 06) hereby incorporated by
reference and available from the District office, and .hall include a detailed cost estimate
submitted on FIND Form N o, 90 25.
(3) Sponsor Resolution: The project sponsor shall approve the submission of an
application by official resolution from its governing board or commission. Said resolution
shall be made on FIND Form No. 90-21 Resolution for Assistance Under the Florida
Inland Navigation District Waterways Assistance Program (effective date 10-14-92 ).
.hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land based
development project the applicant shall subinit an Attorney's Certification of Title, FIND
Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and
available from the District office.
(5) 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 infonnation
must be completely filled out, executed as applicable, and also establish compliance with
Chapter 66B-2, F.A.C.
(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
fnr rvrccun4,1+i nr, fn +h.a A
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 the applications and evaluate them using the Waterways Assistance Program
Application Evaluation and Rating Worksheets No. 91-25(a thru f) for Waterways
Assistance Program applications, and 93,25 (a, b and c) Waterways Assistance Program
Navigation Related Districts applications, The total points avarded to each application by
the Commissioners will averagedto determine application's o, is finalratingscore. he
1. be � � `II?� � an Npl� _ r � -Tia. T_��.
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 a.ppi catiori.
(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 wilt 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, Amended 5-25-00, 3-
21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06.
66B-2.0061 — Disaster Relief Applications.
Disaster Relief applications may be submitted to the District and considered by the
Board at any time during the year to provide assistance to an eligible applicant for the
removal of navigation obstructions and repair or replacement of waterway facilities
damaged by a declared natural disaster. 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, 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, 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. Inlet management projects that are a benefit to public navigation in the District;
.t D,.1.1:.
5. Public spoil disposal site development;
6. Waterway signs and buoys for safety, regulation or information;
7. Public boat ramps and launching facilities and land acquisition for additional
trailer parking at an existing boat ramp;
1. ;king'and-mooring�-facilities;
ss
a A A J
SEEN AT
9. 'Derelict Vessel Removal;
10, Waterways related enviroi.menta1 e, iic Jg.'" v and f C._.
11. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment,
14. Beach renourishnient on beaches ad , er .Fly,- impacted. by navlslato,,...._.' , `
navigation structures, navigation dredging, or a navigation project and
15, Other waterway related projects.
(b) Ineligible Projects or Project Elements.
me ts. Project oasis ineligible for prog
ram
funding or matching funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, land acquisition that is not for additional trailer parking at an
existing boat ramp, iIriga.tion equipment, ball -courts, park and nlay'ground equipment,
and any extraneous recreational amenities not directly related to the waterway such as the
following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway users;
3. Roadways providing access to non -waterway users;
4. Parking areas for non -waterway users;
5. Utilities for non -waterway related facilities;
6. Lighting for non -waterway related facilities;
7. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.;
11. Office space that is not incidental and necessary to the operation of the main
eligible public building; and
12. Conceptual project planning, including: public surveys, opinion polls, public
meetings, 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
subparagraph 1. above, a construction contract for the project, approved and executed by
the project sponsor and project contractor must be submitted to the District.
2. Marine law enforcement and other vessels are eligible for a maximum of $30,000
in initio1 rlintrint enn.. ing A 11 f,t.•«._ r ,9____---•-. --- - - "''
-- ---------'-"'-" -'"-'-""'b' "" """�" �"I'aaavvativai� uiiu LiiW 116V11RLLl+G I+VJiJ Vl LLLG VGJJGl and
related equipment will be the responsibility of the applicant.
3. Waterway related environmental education facility funding will be limited to those
project elements directly related to the District's waterways.
THIS
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(d) Phasing of Projects: Applications for eligible waterway projects will be submitted
as a phased project where Phase 1 will include the design, engineering and permitting
e l,a nrnts and Phase II will inci�de the construction of the project
Adescription and co:;t
estimate of the 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
r federal environmental permits \` "il demonstrate that all required environmental
nerrnittLr_g' will e completed b''.! the District's fi na i TRIM hearing. This demonstration
will be by the: submission of. the required environments.' permit(s) of by the subia ission U1
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 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. This property control requirement also applies to a project site owned
by another governmental entity. The governmental entity that owns the project site may
be joined as a co -applicant to meet this property control requirement. Existing land based
development projects that are being repaired, replaced or modified must demonstrate that
the project site has been dedicated for public use for at least 25 years with at least 10
years remaining on the dedication document. Property shall also be deemed dedicated for
public use if:
(a) The property has been designated for the use for which the project is intended
(even though there may have been no formal dedication) in a plat or map recorded prior
to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the
property for the public use for which the project is intended for a period of at least 30
years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the property as
shown on the plat or map, nor has there been any judicial determination contrary to the
use by the public for the use shown on the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and
all federal, state and local permits, laws and regulations in the development of the project.
(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 generated by the facility are not exclusively allocated to the operation,
mainte
THIS
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(5) Final Decisions: The Board will make ail final decisions on the eligibility of a
roject or specific project costs.
4;ecific Authority 374 976(2) FS,
Law Implemented 374 976(1) — (3) FS.
Hsto7y - New 1 2- _1;7-90, Amended-9-2-92. -24 -3-9-1., 4 93. 9 5 %v,. 2t, r.2r- -: 6 - , 0(`,
Amended 5-17-98, 3-3.1--99, 5-25-00, 3-21-01-30-02 3-20-03, 3-'-04
B-2,009 _-- raject Administration,
The District will appoint a project manager who shaii 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 be for a two-year period with the possibility for one, one-year
extension. Any request for a one-year extension of funding shall require submittal by the
PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of
fiscal year two of the approved project. This request will then be considered by the
DISTRICT Board, whose decision shall be final. In review of these requests, the Board
will take into consideration the current status and progress of the project and the ability of
the applicant to complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the
amount and source of the matching 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 for the proposed changes. All project agreement amendments shall be
approved by the District Board, except that the Executive Director may approve a minor
project agreement amendment for a project within a county with the local District
commissioner's concurrence. A minor project amendment shall not change the approved
project's category 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) Project Reporting: The liaison agent will submit quarterly reports to the project
manager summarizine the work accomplished since the last rcnnrt nrnblPni
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.
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(5) Reimbursement Requests: The liaison agent play submit periodic reimbursement
.requests during the project period in a000r,daree wi=h Rule 660l 1, F.A.C. The project
manager will approve or disapprove all reimbursement ement requests. The final payment of
program fundl's will be made upon certified completion of the project by the District,
(6) Project Inspection: Upon reasonable request, the project manager :shall have the
kt t the a and all the
"`:_� s�. t.� inspect �-!try project .^_!;u any n o t.C`'.E�rr?< relating �? to is project.
(7) Project Completion: The project shall be completed within three (3) years of the
1_ ,tie t ,.L- ; t?g Of the DistricfQ;t iflsbal.e,. r which the project + as 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) P Project Completion Requirements: Upon completion or the project, the liaison.
agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02),
hereby incorporated by reference and available from the District office, which certifies
that the project was completed in accordance with the project agreement and the final
project plans.
(b) A final reimbursement request accompanied by all required billing statements
and vouchers.
(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.
Specific Authority 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 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. 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. 90-14 (effective date 7-30-02), hereby
incorporated by reference 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 attachment to the project agreement. This cost estimate will establish the maximum
funding assistance provided by the District and the percentage of funding provided by
each party to the project. The District will pay the lesser of (a) the percentage total of
project funding 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
„Lai;Iplication until a construction- contxac,ti ut d a
ri,.....,
f,
JT1ON TO
ORi6;
SEEN
CAN
BE
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:, riwvwea+e®ou+
'for the construction phase of the project. if the Phase e 1 project is completed but a
Il �9 C._ [� ya O Y1 _ i '^e� p�
construction_ contract i.s not executed b the three (3) year project deadline, then int
District shall only' allowyear f <-to
.� : e.,_ (1)�.z..._ n� :,he Phases project deadline �.�, enter .ri:.., the
-squired 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- si,;1c.b as billing:, statements, for work performed d and
cancelled payment 17_`-ushers far expenditures made.
(4) Retainage: 'The District shall retain ten percent (1 0%) of ail reimbursement
i r semen`
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.
(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.
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
financial records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status
reports to FIND in accordance with subsection 66B-2.009(4), F.A.C.
(3) Completion Certification: All required final completion certification documents
and materials as outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be
submitted to the District prior to final reimbursement of program funds.
(4) Auditing: 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) Project Records: 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 arise
before the expiration of the three year period, the project sponsor shall retain all records
until the final resolution of such matters.
(6) Repayment: 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.
aimiviy —ircry is-i 7-yv, rurrneriy 16.1-.2.vii rirnenueu
66B-2.013 — Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, in a
prominent lid-p 'ojeet di tAt s
11-0
SEEN A_
N
the project. this sign shall contain the FIND logo. In the event that the project sponsor
erects a temporary construction sign_ this shall also reco� the District's'
sign; signnl�e Dis�r.�y�
participation, ifthe final product of the project is a report rt dother publication, 7
final i�� Y .>i-_'� y or i,uvh:�c�t,C: 1, the
District's sponsorship of that publication shall be prominently indicated at the beginning
t the publication. I4 the project results in an educational display, the District's logo and
statement of the Districts participation in the -project shall be contain-.` in he ai play
Speer Author-4 374.9766?) wS
�,v 1mr
1 l::flwnted� 374 v i 6 r i S',
�
w 12_I j 0't r __ . {.
66B-2.014 — Small -Seale 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 ,vaterwa s for recreational, navigational, educational,
and environmental purposes. 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
Enhancement Program (effective date 7-30-02), hereby incorporated by reference and
available from the District office. Proposals may be 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: Projects shall be in compliance with the
provisions of any Spoil Island Management Plans or other management plans that govern
the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the
Project site to construct and maintain the Project for a minimum of five years. Such
property rights can be in the form of a lease, interlocal agreement, use agreement or other
legal form approved by the District.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C.,
subject to the exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed
$22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in -kind construction labor; such in -kind
construction labor costs will not be counted by the District as exceeding $10.00 per hour.
No administrative costs can be incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project
expenses such as construction materials, plant materials, herbicides, etc. The funding
provided by the District shall not be allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees, shall
sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District
and hereby inco eorated b reference and available from the District office.
Ems`„ -�: 4;�, al, 1T�q ON TO
"6-1
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w a �S ,x 1 NI
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peci cAuthority 374 976(2) FS.
,aw. Implemented 374.976(1) FS.
r.•'istory — New 7-30-02, Amended 4-24--06.
GOB-2.015 — Small -Seale Derelict - e.ssel Removal Projects,
Proposals shall be accepted for financial assistance for the removal of der c`
Csseis within the District's waterwa.ys. 'The applicable piovisio E`. , i. '_:" Buie apply to
th s applications with Ibe oll �; .. - additions `iC .,
(l) Application Procedure --- Applications shall be submitted on a completed HIND
Form No. 05-01 (effective date 4-24-06), hereby incorporated by reference and available
from the District office, Applications may be 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 an outstanding bid for removal for such vessels, subject to eligibility
under these program rules.
(3) The program must be sponsored by an eligible government agency or sot--for-
profit organization.
(4) District funding shall be limited to $10,000.00 per county, per year, provided on
a reimbursement basis only.
(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 project management or administration costs are not eligible costs
or matching costs.
(6) The derelict vessel must be located in, or immediately adjacent to, the Atlantic
Intracoastal Waterway.
(7) The District shall be recognized when possible in all written, audio or video
advertising and promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of
derelict vessels. The District is providing program reimbursement funds only and shall be
held harmless with regards to the activities initiated by the applicant.
(9) The applicant shall be responsible for all maintenance, management, disposal and
operating expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed
through this grant program must be reinvested into the applicant's derelict vessel removal
program.
(11) The District Board shall make all final decisions concerning the provision of
funding for this program.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History — New 4-24-06. -
Project Title:
IN fl.d
EXIIIBIT C
NID A IL IGATrtj �Y'9 EXi 4 RiC k
4 SSIsT 8 NCr PRO R-�i, ��
Matching Fur_l:cisCcrtification
Project #:
I hereby certify that the above referenced project Sponsor, as of October 01,
200_, has the required matching funds for the accomplishment of the referenced project
in accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated October 200_. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
FX,MBIT 0
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT N MF:
z.G SF u
Amount of Assistance
Ail Funds Previously Requested
Balance Available
Funds Requested
Less Retainage (-1 0% unless final)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
P ate,H�
ti
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant
Cost
FIND
Cost
THIS D
ORIG Na aL
SEEN A"
FIND - Form No. 90-14
Effective Date 7-30-02)
I
(NOTE: Signature Required on Page 2)
70
Page Tvvo,
F xpe lse Description
(Should correspond ta
Cost Estimate Sheet
C3teg.Kes !- Exhibit 4
.m.
T H
1 1
0R
SEEN N
0(CONTINUED)
SCHEDULE OF EXPENDITURES
and a: ..e
i 6 T `7vi M
IMA..)iN
�^ 8 ., i iE
'
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable
for theaccomplishment of the approved project and that these expenses are in accordance with
Exhibit "B" of the Project Agreement. *
Project uaison Vate
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
EXHIBIT E
i ,SSTS'.TA C14. PROGRAM
eroJet COM pt,geEF, Certification
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance with
the Assistance Program Project Agreement between the Florida Inland Navigation District
and , dated
, 20 , and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a .public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
PROJECT TITLE:
PROJECT S:PON SO'
EXHIBIT I;
SSIS . NCE PROGRAM PROTECT
QUARTERLY STATUS REPORT
REPORT PERIOD
Oct 1-DEC 15 ; Dec 15-Mar 1 ; Mar 1-June 15 ; June 15-Sep 1
Report Due: (Dec 30) (March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form N
(Effecti
EXHIBIT
WATERWAYS ASSISTANCE PROJECT SC—
E ALE
OC,TOBE :0 6 ,.
DECEMBER 3e 006
MARCH 15, 2007 -
JUNE 30, 2007 -
SEPTEMBER 15, 2007 -
DECEMBER 30, 2007 -
MARCH 15, 2008 -
Second Quarterly Report Due.
Third Qu_artery Report Due.
Fourth Quarterly Report Due.
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
JUNE 30, 2008 - Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out paperwork submitted by
September I f, a request foranextension of the completion date o f the project
should be submitted with the quarterly report.
SEPTEMBER 1, 2008 - Closeout paperwork due.
By September 30, 2008 - 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 nrniPrt aar'Prn nt
0
EXHIBIT H
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FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. DA-MI-06-94
This PROJECT AGREEME made and entered into this day of
, 20 and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), an• e City of Miami, (hereinafter the "PROJECT
SPONSOR").
In consideration of the mutual promises : d covenants contained herein, the parties agree
as follows:
1. PROJECT - Subject to the provisions this Agreement and Rule 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRI has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of approved project ("PROJECT")
consisting of the Dinner Key Mooring Field Project — Phase II. aid project is more specifically
described in the PROJECT SPONSOR'S Waterways Assistance •.lication, which is on file at
DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notic.. o and the prior written
approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence wor •n the PROJECT
prior to the execution of this Agreement unless specifically authorized by the D " TRICT Board
and shall complete the PROJECT and submit all required payment rei ` bursement
information on or before September 1, 2008, unless the PROJECT period has beet xtended
with the prior written approval of the DISTRICT. In no event, however, shall the PR ECT
period extend beyond three (3) years from October 1, 2006. The PROJECT SPON`''R
acknowledges there are no provisions to carry over the DISTRICT assistance funding under th
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
R
•
C- ?
o later than July 1, 2008. This request will then be considered by the DISTRICT Board, whose
d 'sion shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than fifty
percent 0% of the PROJECT SPONSORS out-of-pocket costs for completion of this
PROJECT ' ROJECT 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 authorize ,'ROJECT COSTS as shown in Exhibit B and meeting the requirements of
Paragraph 5 below an hall not, in any event, exceed $424,745.00.
4. MATCH ' G FUNDS - The PROJECT SPONSOR warrants and represents that
it has the PROJECT SP SOR Match Amount (the PROJECT AMOUNT less the
ASSISTANCE AMOUNT) ava` ble for the completion of the PROJECT and shall, prior to the
execution of this Agreement, ha provided the DISTRICT with suitable evidence
availability of such funs using DI RJCT Form #95-01 (Exhibit C), and including upon
request, providing the DISTRICT with' cress to applicable books and records, financial
statements, and bank statements.
5. PROJECT COSTS - To be '`igible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary 'a. d reasonable for the effective and efficient
accomplishment of the PROJECT and must be directl' , llocable thereto. PROJECT COSTS are
generally described in Exhibit B. PROJECT COSTS t be incurred and work performed
within the PROJECT period, with the exception of pre -a eement costs, if any specifically
identified in Paragraph 6 below, which are also eligible for reim rsement by the DISTRICT.
b. PRE -AGREEMENT COSTS - The DISTRICT the PROJECT SPONSOR
fully understand and agree that there shall be no reimbursement of fu s by the DISTRICT for
any obligation or expenditure made prior to the execution of this Project A eement.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS s 11 be reported to
the DISTRICT and summarized on the Payment Reimbursement Request Form orm #90-14)
attached as Exhibit D. Supporting documentation including bills and canceled payme vouchers
for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or L . SON
AGENT with any payment request. All records in support of the PROJECT COSTS include., in
payment requests shall be subject to review and approval by the DISTRICT or by an audit
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
'1
Project funds may be released in installments, at the discretion of the DISTRICT, upon
submitt of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The
DISTRICT s 11 retain ten percent (10%) of each installment payment until the completion of the
PROJECT.
The followin`.,�costs, if authorized in the attached Exhibit B shalI be reimbursed only
upon completion of th- ti'ROJECT to the reasonable satisfaction of the DISTRICT and in
accordance with Exhibit personnel, equipment, project management, administration,
inspection, and design, permitting •lanning, engineering, and/or surveying costs.
The DISTRICT shall have th-. ight to withhold any payment hereunder, either in whole
or part, for non-compliance with the to of this Agreement.
8. FINAL REIMBURSEME ' - The PROJECT SPONSOR, upon completion of
the PROJECT, shall submit to the DISTRICT a quest for final reimbursement of the PROJECT
AMOUNT less any prior installment payments. Th ' ayment amounts previously retained by the
DISTRICT shall be paid upon (1) receipt of the Finaludit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the I OJECT to the reasonable satisfaction
of the DISTRICT, (3) submission of Project Completion Ce 'fication Form No. 90-13 (Exhibit
E), and (4) submission of a photograph of the PROJECT showin the sign required by Paragraph
17. Unless otherwise determined by the DISTRICT, the final relibursement check shall be
presented by a DISTRICT representative to the PROJECT SPCkilSOR during a public
commission meeting or public dedication ceremony for the PROJECT fact 'ty.
9. RECORDS RETENTION - The PROJECT SPONSOR shad, retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal y°`�ar in which the
Final Payment is released by the DISTRICT, except that such records shall be rined by the
PROJECT SPONSOR until final resolution of matters resulting from any litigation �1aim, or
special audit that starts prior to the expiration of the three-year retention period.
10. NONCOMPLIANCE - The DISTRICT shall have the right to reimburses t,
either in whole or part as it may determine, of the funds provided hereunder for noncomplianc
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 reby designated as the DISTRICT's Project Manager for the purpose of this Project
Agree - t and shall be responsible for monitoring performance of its terms and conditions and
for approve all reimbursement requests prior to payment.
12. ONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a
LIAISON AGEN whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreeme to act on behalf of the PROJECT SPONSOR relative to the provisions of
the Project Agreement.
13. STATUS PORTS - The PROJECT SPONSOR'S LIAISON AGENT shall
submit to the DISTRICT pr• ;-ct status reports during the PROJECT term. These Quarterly
Reports are to be on Form #95-t ' (Exhibit F). Project design drawings, engineering drawings,
and a copy of the Project bid aw construction item cost list will be submitted as available.
Photographs shall be submitted whe ,, appropriate to reflect the work accomplished. NON-
COMPLIANCE by the PROJECT SPO '` OR with the reporting schedule in Exhibit G may
result in revocation of this Agreement.
14. LAWS - The PROJECT SPON R agrees to obtain and to abide by all federal,
state and local permits and all applicable laws`` nd regulations in the development of the
PROJECT. The PROJECT SPONSOR agrees that al '*'ROJECT facilities shall be designed and
constructed in compliance with state and federal stat',ory requirements for accessibility by
handicapped persons as well as all other federal, state and 1:' . al laws, rules and requirements.
15. NON-DISCRIMINATION - The PROJEC''r.. SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non xclusive basis, to the general
public without regard to age, sex, race, physical handicap, or other nj-y dition, and without regard
to residency of the user in another political subdivision. When such is r'w+uired, adequate parking
shall be made available by the PROJECT SPONSOR to accommodate veh es for the number of
persons for which the PROJECT is being developed.
16. SITE DEDICATION - The PROJECT SPONSOR also ,trees that the
PROJECT site shall be dedicated for the public use for a minimum period of tw.. ty-five (25)
years after completion of the PROJECT, such dedication to be in the form of a • d, lease,
management agreement or other legally binding document. Any change in such dedicati. ' shall
re the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of
such -dication within the Public Records of the County in which the PROJECT is located.
1 ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a ` permanent sign, approved by the DISTRICT, in a prominent location at the
completed projec hich shall indicate that the DISTRICT contributed funds for the PROJECT.
The wording of the ' 9an required by this paragraph shall be approved by the DISTRICT's staff
before construction an."i stallation of said sign. This sign shall contain the DISTRICT logo
(Exhibit H) unless otherwis `{.tipulated by the DISTRICT. In the event that the SPONSOR erects
a temporary construction sign, ' shall also indicate the DISTRICT's participation. For all other
type projects, the SPONSOR shalicknowledge the DISTRICT where feasible, in concurrence
with the DISTRICT staffs recommena`. ions.
18. PROJECT MAINTENA ` . E - When and where applicable, the PROJECT
SPONSOR agrees to operate, maintain, and '' . age the PROJECT for the life of the PROJECT
improvements and will pay all expenses r uired for such purposes. The PROJECT
improvements shall be maintained in accordance h the standards of maintenance for other
local facilities and in accordance with applicable he th standards. PROJECT facilities and
improvements shall be kept reasonably safe and in
onable repair to prevent undue
deterioration and to encourage public use. The PROJECT S ' NSOR warrants and represents
that it has full legal authority and financial ability to operate d rsaid PROJECT
facilities and improvements. , .
,
19. SOVEREIGN IMMUNITY - Each party hereto agree at 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 imm under Section
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the TRICT, its
employees, commissioners and agents are solely providing funding assistance for the OJECT
and are not involved in the design, construction, operation or maintenance of the PROJE
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable reques'=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
OJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
wit •ut the express prior written consent of the DISTRICT.
WAIVERS - Waiver of a breach of any provision of this Agreement shall not be
deemed a iver of any other breach of the same or different provision.
23. OTICE - Any notice required to be given pursuant to the terms and provisions
of this Agreemen hall be in writing, postage paid, and shall be sent by certified mail, return
receipt requested, to `' e DISTRICT or PROJECT SPONSOR at the addresses below. The notice
shall be effective on the .te indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation ►* strict
1314 Marcinski Road
--Jupiter, ~Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at:
City of Miami
Attention: Grant Administrator,
444 SW 2nd Ave., 5th Floor
Miami, FL 33130
24. NO JOINT VENTURE - The DISTRIC " role with respect to the PROJECT is
that of a funding assistance authority only and the DISTRI ` ,, is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT S NSOR.
25. GOVERNING LAW - The validity, interpretat and performance of this
Agreement shall be controlled and construed according to the laws of State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRIC ' :to issue this funding
assistance to the PROJECT SPONSOR who has made application for this ass ance. In the event
the PROJECT SPONSOR transfers ownership or management of the PROJE C, to a party or
parties not now a part of this document, other than another governmental entity t" t agrees to
assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT r=,•'ns the
right to full reimbursement from the PROJECT SPONSOR to the full extent of the
assistance provided by the DISTRICT, including but not limited to any costs and reasona
g
atto 's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting
said reim'=, sement.
27. TIRE UNDERSTANDING - This Agreement, including any exhibits made a
part hereof, embos' :;s the entire Agreement and understanding of the parties and supersedes all
prior oral and written c 5 munications between them. The terms hereof may be modified only by
a written amendment signe.y both parties hereto.
IN WITNESS WHEREOF, the -., ies hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES:
WITNESSES:
LORIDA INLAND NAVIGATION DISTRICT
Director
DA
e.,
PROJECT SPONSOR
By: `.
Title:
DATE:
EXHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
(See ' le Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: ner Key Mooring Field Project Phase II
APPLICANT:
Miami Department of Public Facilities
Project Elements
(Please list the MAJOR project elements and
provide a general cost break out for each one.
For Phase 1 Projects, please list the major
elements and products expected)
Quantity Estimated
Cost
( ,\mber and/or Footage)
Applicant's Cost
FIND Cost
Project Management
$50,000
$37,500
$37,500
Removal of debris (engines, tires, etc.) and
�;
vessels from bay bottom
$1 000
$75,000
$75,000
Hardware and installation of 225 moorings
@$1,900 each
$427.50'`';:
$213,750
$213,750
Lighted regulatory field buoys 80 @ $750
$60,000 a
$30,000
$30,000
Navigational aids and signs
$10,000
°
$5,000
$5,000
Harbormaster's office, restrooms, showers,
lounge
$81,000
, $40,500
$40,500
Work vessels to transport to mooring and
for maintenance
$20,000
$• 000
$10,000
Facility customer service vessel
$20,000
$10,0'
$10,000
Pickup truck
$15,000
$13,045 .,
$1,955
Utility work cart
$4;000
$3,480
'
$520
VHS radios, transformers, antennas, etc.
$4,000
$3,480
$520
** TOTALS =
Form No. 90-25 (New ] 0/14/92, Rev'
$841,500
$441,755
EXHIBIT A
CHAPTER 6613-2 — WATERWAYS ASSISTANCE PROGRAM (2006)
-2.001
66 .002
66B- '03
66B-2.0
66B-2.005
66B-2.006
66B-2.0061
66B-2.007
66B-2.008
66B-2.009
66B-2.010
66B-2.01 t
66B-2.012
66B-2.013
66B-2,014
66B-2.015
Purpose.
Forms.
Definitions.
Policy.
Funds Allocation.
pplication Process.
aster Relief Applications.
Ap 'cation Form. (Repealed)
Proje Eligibility.
Project `' dministration.
Project A _ eement. (Repealed)
Reimburse -nt.
Accountabilit
Acknowledgem t.
Small -Scale Spoil
Small -Scale Derelic ' Vessel Removal Projects.
66B-2.001 — Purpose.
Recognizing the importance and ben its of inland navigation channels and
waterways, as well as noting problems ass; ated with the construction, continued
maintenance and use of these waterways, the .lorida Legislature created s. 374.976,
Florida Statutes. This law authorizes and empo' ers each inland navigation district to
undertake programs intended to alleviate the pro ms associated with its waterways. The
purpose of this rule is to set forth the District's poli • and procedures for the
implementation of an assistance program under s. 37976, F.S., for local governments,
member counties and navigation related districts withinv e District. This program will be
known hereafter as the Florida Inland Navigation District W aterways Assistance
Program.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History — New 12-17-90, Formerly 16T-2.001.
land Restoration and Enhancement Projects.
66B-2.002 — Forms.
All forms for the administration of this program are available from
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.
e District office
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.
EXHIBIT A
"AUTHORIZED SUBMISSION PERIOD" means the established period for
submitt : applications to the District.
(4) ": ACH RENOURISHMENT" means the placement of sand on a beach for the
nourishment, enourishment or restoration of a beach.
(5) "BO " means the Board of Commissioners of the Florida Inland Navigation
District.
(6) "DISTRIC ' means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE ' VERNMENTAL AGENCY" means member counties, local
governments and navig 4 on related districts within the taxing boundaries of the District.
(8) "ENVIRONME L PERMITS" means those permits, exemptions, or general
permits for construction bel mean high water line of a navigable waterway required
and issued by or on behalf of t F U.S. Army Corps of Engineers, the Florida Department
of Environmental Protection, an ,he South Florida or the St. Johns River Water
Management Districts or their suce sors.
(9) "EXECUTIVE DIRECTOR'\ eans the Executive Director of the Florida Inland
Navigation District.
(10) "LIAISON AGENT" means the';ontact person officially designated to act on
behalf of the applicant or the project sponso
(11) "LOCAL GOVERNMENTS" meanunicipalities, cities, or consolidated
county governments, which are located within', member counties.
(12) "MATCHING FUNDS" means those fu ;s provided by the local sponsor to the
project.
(13) "MEMBER COUNTY" means a county loca d within the taxing boundaries of
the District which includes Nassau, Duval, St. Johns, Fl •j_ er, Volusia, Brevard, Indian
River, St. Lucie, Martin, Palm Beach, Broward and Miami 1 ade Counties.
(14) "NAVIGATION RELATED DISTRICTS" means °h authorities, inlet districts
or any other agency having legally authorized navigation relate duties in waterways of
the District.
(15) "PRE -AGREEMENT COSTS" means project costs appro d by the District
Board which have occurred prior to the execution of the project agree 6-nt.
(16) "PROGRAM" means the Florida Inland Navigation District W ; rways
Assistance Program.
(17) "PROGRAM FUNDS" means financial assistance awarded by the : Jard to a
project for release to the project sponsor pursuant to the terms of the project a_ `' ment.
(18) "PROJECT" means a planned undertaking consisting of eligible progr
facilities, improvements or expenses for the use and benefit of the general public.
(19) "PROJECT AGREEMENT" means an executed contract between the Distric
and a project sponsor setting forth mutual obligations regarding an approved project.
(20) "PROJECT MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project agreement.
(21) "PROJECT PERIOD" means the approved time during which costs may be
incurred and charged to the funded project.
(22) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(23) "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
S
iT
EXHIBIT A
erator. The building or facility must provide waterway related information, public
me 'ng space, or educational services and be open to members of the public on a
contin.. basis without discrimination.
(24)
boat moori
come, first se
stock ownershi
(25) "TRIM
concerning the tax a
(26) "WATERW
Waterway, the Barge Ca
portions of the Dania Cut -
structures, all navigable natur
waterways and all navigable nat
from said waterways.
(27) "WATERWAY RELATED': IRONMENTAL EDUCATION" means an
interdisciplinary holistic process by whi the learner: develops an awareness of the
natural and manmade environments of wa .y ays; develops knowledge about how the
environment of the waterways works; acquir owledge about the technological, social,
cultural, political, and economic relationships o ing in waterway related
environmental issues; and, becomes motivated to a4-:•ly action strategies to maintain
balance between quality of life and quality of the env i,. nment of waterways.
Speclfrc 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-2.00 , mended 5-17-98, 3-21-01, 3-20-
03, 3-3-04, 4-21-05, 4-24-06.
UBLIC MARINA" means a harbor complex used primarily for recreational
or storage, the services of which are open to the general public on a first
ed basis without any qualifying requirements such as club membership,
r differential in price.
ARING" means a public hearing required by Chapter 200, F.S.,
budget of the District.
S" means the Atlantic Intracoastal Waterway, the Okeechobee
in Brevard County west of the Port Canaveral Locks, those
Canal and the Hillsboro Canal east of the water control
vers, bays, creeks or lagoons intersected by said
I creeks, rivers, bays or lagoons entering or extending
66B-2.004 — Policy.
The following constitutes the policy of the District regarding the a ministration of
the program:
(1) Financial Assistance Eligibility: Financial assistance, support and operation
may be provided to eligible governmental agencies for approved projects as ' lows:
(a) Member counties may be provided financial assistance, support or coop";; ation in
planning, acquisition, development, construction, reconstruction, extension,
improvement, operation or the maintenance of public navigation, public recreation, i `. et
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 planningand 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 the planning and acquisition of dredge material management sites if the
s
T
EXHIBIT A
I
crite
for that
environme
activities an
navigation in t
contribute at least
Seaports may also b
environmental mitigat
channels and harbors. Ea
(d) Eligible projects sh
acquisition for additional trai
and mooring facilities in man-m
defined in Rule 66B-2.003, F.A.C.
(2) Notification: The District wi otify by direct mail and/or advertised public
notice all eligible governmental agenci- . of the program and the upcoming authorized
submission period. Funding allocations t•` ' avigation related districts, member counties
and local governments shall be based upon >h proportional share of the District's ad
valorem tax collections from each county.
(3) Project Approval: Approval of projects the District shall be in accordance with
these rules.
(4) Project Accessibility: Facilities or programs ",.ded in whole or in part by
program funds shall be made available to the general p ic of all of the member counties
on a non-exclusive basis without regard to race, color, reli_;on, age, sex or similar
condition. Additionally, facilities funded in whole or in part i program funds, shall not
require a paid membership for the general public of all of the a ber counties as a
condition to use the facilities. User or entrance fees may be char: N, for the use of
facilities funded in whole or in part by program funds, however suc ees shall be
reasonable and shall be the same for the general public of all of the m ber counties.
(5) Waterway Impacts: All development projects must be designed as not to
impact navigation along the District's waterways through the placement o ` ructures,
attendant uses, or the necessity of a boating speed zone for safety purposes. ; fore
applying for boating speed zone designation in District waterways because of :`•.roject
funded by this program, the sponsor shall first receive approval from the Board. e
Board will use the criteria found in Section 327.46(1), F.S., in determining whethe
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.
oard finds that the site is required for the long-range maintenance of the Atlantic
oastal Waterway channel. All such sites must meet the development and operational
established by the District through a long-range dredge material management plan
unty. Navigation related districts may also be provided with assistance for
1 mitigation projects associated with waterway improvement related
et management projects if the Board finds that the project benefits public
tlantic Intracoastal Waterway. All navigation related districts shall
ual matching funds to any District financial assistance provided.
irnished assistance and support in planning and carrying out
projects. All seaport projects shall benefit publicly maintained
seaport shall contribute matching funds for funded projects.
include public boat ramps and launching facilities, land
parking at an existing boat ramp, and public boat docking
e, navigable waterways contiguous to "waterways" as
EXHIBIT A
ublic Information Availability: Public information produced with assistance
from thi ogram shall not be copyrighted and shall be provided free of cost, except for
the cost of •roduction, to the public.
(8) Thir• arty Project Operators: Projects that are being operated by a third party
shall have suffit oversight by the eligible project sponsor as determined by the Board.
Such oversight, at inimum, will include a project liaison that is a staff member of the
eligible project spon , and oversight of the operating hours and admission fees of the
facility by the eligible reject sponsor through a legal agreement. A11 third party projects
shall be open to the publi: „n accordance with this rule.
(9) Non-compliance: District shall terminate a project agreement and demand
return of program funds disbu ed to the project sponsor for non-compliance with any of
the terms of the project agreeme or this rule, if such non-compliance calls into question
the ability of the applicant to com •" to the project. Failure of a project sponsor to comply
with the provisions of this rule or th= • roject agreement shall result in the District
declaring the project sponsor ineligibl or further participation in the program until such
time as compliance has been met to the isfaction of the District.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1), (2) FS.
History — New 12-17-90, Amended 2-3-94, 2-6-97, FAceurly 163-2, 004, Amended 5-18-98, 3-31-99, 5-25-
00, 3-21-01, 7-30-02, 3-3-04, 4-21-05.
66B-2.005 — Funds Allocation.
The Board will allocate funding for this program ased upon the District's overall
goals, management policies, fiscal responsibilities and rational needs for the
upcoming year. If funds are determined to be available f the program, the District will
notify potential eligible governmental agencies of the avai ility of program funding.
Applications will be reviewed by the Board utilizing District '. orms No. 91-25 and 91-25
(a thru f) Waterways Assistance Program Application Evaluati ,, and Rating Worksheet
(effective date 4-24-06); and 93-25 and 93-25 (a, b and c) Wate `';.•ys Assistance
Program Navigation Districts Application Evaluation and Rating ',•rksheet (effective
date 4-24-06), hereby incorporated by reference and available from i; , District office.
(1) Funding Assistance Availability: In as much as the District ha Cher fiscal
responsibilities and operational needs, financial assistance to eligible go nment
agencies shall not exceed an amount equal to eighty (80) percent of the pr+ ortional share
of the District's ad valorem tax collections from each county in which such a'_$a ncies are
located. The District may make an exception to this funding limitation, if fund • e
determined to be available based upon the District's overall goals, management . , icies,
fiscal responsibilities and operational needs, or in counties that are recovering fro
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 than fifty percent (50%) of the local share of the cost of an inlet management or
EXHIBIT A
ach renourishment project. The District shall not contribute funding to both the state
a 'k; local shares of an inlet management or beach renourishment project.
Pre -agreement Expenses: The project sponsor shall not commence work on an
project element prior to the execution of the project agreement unless
y the Board during the review and funding approval process. Board
of pre -agreement expenses will be given for the commencement of work
ution of a project agreement if the Board determines that there is a
ict, its waterways or its constituents. All project costs must be incurred
within the project period as stipulated in the project agreement
osts are approved by the Board. Pre -agreement expenses will be
stent with the provisions of Rule 66B-1.008, F.A.C., and occur
grant application submission (October 1st to September
, except for projects approved by the Board as multi -year
'(50) percent of the project's total cost and if the expenses
cordance with this rule. Only one-half (1 /2) or less of
es will be eligible for reimbursement funding from
ed by the Board as multi -year projects.
ction phase of projects that are large scale,
n time line of one year or longer, or are
funding in relation to the total assistance
ated, will be reviewed and approved by
the District Board for a multiple year period sub' ct to budgeting and allocation pursuant
to the provisions of Chapter 200, F.S. The determi �tion by the Board to provide
assistance funding on a multi -year basis can be mad =,r t any time during the application
review process.
(5) Seaport Funding Eligibility: Financial assistance seaports may exceed the
proportional share of the District's ad valorem tax collection as set forth in subsection
66B-2.005(1), F.A.C., from the county in which such seaport located if the seaport can
demonstrate that a regional benefit occurs from the port's activi s. Financial assistance
to a seaport project that demonstrates a regional benefit shall note eed an amount equal
to (i) the proportional share of the District's ad valorem tax collectio :, as set forth in
subsection 66B-2.005(1), F.A.C., from the counties where the benefit i •emonstrated
less (ii) funding allocated in the same fiscal year to all other local gove ent projects
funded in those counties.
approve
authorize,.
authorizatio
prior to the ex
benefit to the Di
and work perform
unless pre-agreemen
approved if they are co
within the fiscal year of t
30th). Pre -agreement expen
projects, will be limited to flit
are eligible project expenses in
the approved pre -agreement expen''
the District, except for projects appr
(4) Multi -Year Funding: The cons
involve multiple phases, have a construe
requesting a significant amount of assistan
available for the county where the project is 1
(6) Inlet Management and Beach Renourishment: Projects and project elei ents in
the categories of inlet management and beach renourishment shall be subject toe
following provisions. The District shall contribute no more than fifty percent of th ;focal
share of the cost of the project. The District shall not contribute funding to both the site
and local shares of an inlet management or beach renourishment project. Funding for tilt
construction phase of an inlet management or beach renourishment project may be
approved by the District Board for a multiple year period subject to budgeting and
allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following
provisions shall be met for inlet management or beach renourishment projects:
(a) Inlet Management: Inlet management projects shall benefit public navigation
within the District and shall be consistent with Department of Environmental Protection
approved inlet management plans and the statewide beach management plan pursuant to
EXHIBIT A
(b) B
statewide be
beaches that ha
navigation dredgi
adversely impacted b
Department of Enviro
funding is not provided fo
available in accordance with
(7) Public Navigation: Proj
navigation that will qualify for up
provide public access to public launc
following shall apply:
(a) Navigation channel dredging: The p ect sponsor must demonstrate that the
source of channel sedimentation has been iden ed and is in the process of, or has been
controlled, or that the frequency and amount of s ' • ling is such that dredging will
provide an improvement to the channel that will las 'r twenty (20) years or more and
therefore is more cost effective than identifying and co - sting the cause of shoaling, or
that the cost of identifying the source of channel sedimen a: 'on exceeds the cost of the
dredging project.
(b) Navigation channel lighting and markers must be locate, on primary or
secondary public navigation channels.
All other public navigation projects or project elements will onl alify for up to .
fifty percent (50%) program funding.
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, Amended
99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06.
tion 161.161, F.S. Inlet management projects that are determined to be consistent with
Depment of Environmental Protection approved inlet management plans are declared
to be a . - nefit to public navigation.
h Renourishment: All projects in this category shall be consistent with the
management plan. Beach renourishment projects shall only include those
been adversely impacted by navigation inlets, navigation structures,
or a navigation project. The determination of beach areas that are
avigation for the purposes of this program shall be made by
ntal Protection approved inlet management plans. If state
beach project, public access with adequate parking must be
apter 161, F.S.
s or project elements in the category of public
eventy-five percent (75%) program funds must
, mooring or docking facilities. In addition, the
-98, 8-26-
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 by reference 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 FIND 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
by reference and available from the District office. All applications for financial
assistance and support through this program from navigation related districts shall be
EXHIBIT A
(3)
applicatio
shall be ma
Inland Naviga
hereby incorpora
(4) Attorney's
development project
Form Number 94-26 (e
available from the District
(5) Application Review:
Commissioner before being sub
office, staff will review the applic
requirements identified in the Appli
(effective date 7-30-02) and for comph
When an application is determined by sta
immediately inform the applicant by mail.
established by the Board in the application pac
compliance. If the applicant fails to provide a co
these rules, the application will not be considered
complete application, the applicant shall not only sub
66B-2.006, F.A.C., and any other information requirem
Checklist (FIND Form Number 90-26), but such forms an
must be completely filled out, executed as applicable, and
Chapter 66B-2, F.A.C.
(6) lnterlocal Agreements: Applications that the Board dete ` 'nes will directly
benefit the maintenance of the Atlantic Intracoastal Waterway ch • :1 as documented by
the District's long range dredged material management plans, will dir tly benefit the
maintenance of the Okeechobee Waterway, channel as documented by t District's long
range dredged material management plan, will directly benefit the mainte', • ce or
improvement of District property, right-of-way or navigation interests, or h. e multiple
funding partners including the Corps of Engineers as the project manager can ualify for
project assistance through an interlocal agreement pursuant to Chapter 163, F. or
Section 374.984(6)(a), F.S. District staff will identify these applications and pres- t them
to the Board for their determination as to funding. Interlocal agreement projects sh
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 to the Board at a scheduled meeting of the Board. Applicants can decline
to make a presentation to the Board by submitting a written request.
(8) Application Evaluation and Rating Score: Following the presentations, the Board
will review the applications and evaluate them using the Waterways Assistance Program
Application Evaluation and Rating Worksheets No. 91-25(a thru 0 for Waterways
ade on FIND Form Number 93-22 (effective date 4-24-06), hereby incorporated by
re ence and available from the District office, and shall include a detailed cost estimate
sub + ed on FIND Form No. 90-25.
onsor Resolution: The project sponsor shall approve the submission of an
y official resolution from its governing board or commission. Said resolution
on FIND Form No. 90-21, Resolution for Assistance Under the Florida
District Waterways Assistance Program (effective date 10-14-92),
by reference and available from the District office.
rtification: If the application is for a project that is a land based
applicant shall submit an Attorney's Certification of Title, FIND
tive date 5-25-00), hereby incorporated by reference and
fice.
plications will be reviewed by the local FIND
itted to the District office. Upon receipt in the District
ons for completeness of the informational
ion Checklist, FIND Form Number 90-26
ce with the eligibility requirements of this rule.
o be incomplete or ineligible, staff will
applicant will then have until the date
ge to bring the application into
lete application in compliance with
funding. In order to have a
't the forms required under Rule
s identified in the Application
ther submitted information
establish compliance with
EXHIBIT A
A istance Program applications, and 93-25 (a, b and c) Waterways Assistance Program
Na ration Related Districts applications. The total points awarded to each application by
the missioners will be averaged to determine an application's final rating score. The
final ra : score for each application must equal or exceed 35 points for the application
to be con ered for funding assistance. Reconsideration of any application with a final
rating score f less than 35 points will only occur if the majority of the Commissioners
evaluating th- troject rated the project equal to or exceeding 35 points and two-thirds of
the Commissio s vote for reconsideration of the application.
(9) Funding ► -termination: The Board will hold a funding allocation meeting at
which time the Bo• will determine the allocation of funds, if any, to each project and
the projects will be r• ed by overall average score to facilitate final funding decisions
by the Board. Allocatio • will be based in part upon the cumulative score of the
applications as calculated om the Project Evaluation and Rating Form. Allocations will
also be based upon the spec' 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- r• 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-
21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06.
66B-2.0061 — Disaster Relief Applica `.'ns.
Disaster Relief applications may be suo' itted to the District and considered by the
Board at any time during the year to provide istance to an eligible applicant for the
removal of navigation obstructions and repair o`:.eplacement of waterway facilities
damaged by a declared natural disaster. The Distrr 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, Ame',,ed 4-24-06.
66B-2.008 — Project Eligibility.
(1) Eligible Projects: Financial assistance and support throug is program shall be
used to plan or carry out public navigation, public recreation, enviro ental education,
boating safety, spoil site acquisition directly related to the waterways, -,y et management,
environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planni
development, construction, reconstruction, extension, improvement, operatio •r
maintenance of the following types of projects for public use on land and water. ese
project types will be arranged into a priority list each year by vote of the Board.
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. Public spoil disposal site development;
6. Waterway signs and buoys for safety, regulation or information;
7. Public boat ramps and launching facilities and land acquisition for additional
trailer parking at an existing boat ramp;
8. Public boat docking and mooring facilities;
EXHIBIT A
11, P
12. Pub
13. Wate
14. Beach r
navigation structur
15. Other wate
(b) Ineligible Proje
funding or matching fund
personnel related costs, lan
existing boat ramp, irrigation
and any extraneous recreational
following:
1. Landscaping that does not pr• ide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway u
3. Roadways providing access to no waterway users;
4. Parking areas for non -waterway us ,
5. Utilities for non -waterway related fac°''ties;
6. Lighting for non -waterway related faci ,'es;
7. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.;
1 1.Office space that is not incidental and necessary ` . the operation of the main
eligible public building; and
12. Conceptual project planning, including: public surve opinion polls, public
meetings, and organizational conferences.
(c) Project Elements with Eligibility Limits; Subject to appro y,I by the Board of an
itemized expense list:
1. The following project costs will be eligible for program fundin°.•r 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 com•`.ted
construction project;
c. Restoration of sites disturbed during the construction of an approved proj
d. Equipment costs.
Before reimbursement is made by the District on any of the costs listed in
subparagraph 1. above, a construction contract for the project, approved and executed b
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
related equipment will be the responsibility of the applicant.
3. Waterway related environmental education facility funding will be limited to those
project elements directly related to the District's waterways.
erelict Vessel Removal;
10. aterways related environmental education programs and facilities;
Iic fishing and viewing piers;
waterfront boardwalks;
ys boating safety programs and equipment;
urishment on beaches adversely impacted by navigation inlets,
navigation dredging, or a navigation project; and
related projects.
or Project Elements. Project costs ineligible for program
ill include: contingencies, miscellaneous, reoccurring
cquisition that is not for additional trailer parking at an
uipment, ball -courts, park and playground equipment,
enities not directly related to the waterway such as the
EXHIBIT A
as a
elemen
estimate o
Board revie
or federal envi
permitting will b
will be by the sub
a letter from the agen
permitting element of
federal environmental pe
construction portion of the
not deviate from the funding
final TRIM hearing, to accomm
(2) Property Control: The site
with the exception of those projects
Enhancement funding, shall be dedica
intended for a minimum period of 25 ye
shall be in the form of a deed, lease, mana
document and shall be recorded in the public
property is located. This property control requi
by another governmental entity. The government
be joined as a co -applicant to meet this property co
development projects that are being repaired, replace
the project site has been dedicated for public use for at I
years remaining on the dedication document. Property sha
public use if:
(a) The property has been designated for the use for whic "" e project is intended
(even though there may have been no formal dedication) in a pla•• r map recorded prior
to 1940, or
(b) The project sponsor demonstrates that it has had exclusive ol over the
property for the public use for which the project is intended for a periofat Least 30
years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the operty as
shown on the plat or map, nor has there been any judicial determination contra,• 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 and
all federal, state and local permits, laws and regulations in the development of the p 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 generated by the facility are not exclusively allocated to the operation,
maintenance and improvement of the public marina facility.
d) Phasing of Projects: Applications for eligible waterway projects will be submitted
sed project where Phase I will include the design, engineering and permitting
nd Phase II will include the construction of the project. A description and cost
he Phase II work shall be submitted along with the Phase I application for
Applicants for construction projects that include elements that require state
ental permits will demonstrate that all required environmental
ompleted by the District's final TRIM hearing. This demonstration
sion of the required environmental permits) or by the submission of
(s) stating that a permit is not required. Should the environmental
application that has construction elements that require state or
its not be completed by the District's final TRIM hearing, the
ject will not be considered for funding. The District will
edule, whereby funding decisions are completed at the
ate any application deficiency.
f a new proposed land -based development project,
questing Small -Scale Spoil Island Restoration and
for the public use. for which the project was
after project completion. Such dedication
ent agreement or other legally binding
operty records of the county in which the
ent also applies to a project site owned
entity that owns the project site may
ol requirement. Existing land based
r modified must demonstrate that
st 25 years with at least 10
also be deemed dedicated for
3ra
Y-1
'ect Administration.
appoint a project manager who shall be responsible for monitoring
'ect agreement. The project manager shall also be responsible for
ent requests. The project sponsor shall appoint a liaison agent,
e eligible applicant's staff, to act on its behalf in carrying out
ment. Administration of the project will be as follows:
each funded project, the District and the project sponsor
t, prior to the release of program funds, setting forth the
nceming the project. The project agreement shall
d procedures of the program as outlined in this rule.
ar period with the possibility for one, one-year
ension of funding shall require submittal by the
sion to the DISTRICT no later than July of
equest will then be considered by the
1. In review of these requests, the Board
progress of the project and the ability of
itional year.
early identify and enumerate the
g to match the program funds
ect sponsor shall provide
the time the project
EXHIBIT A
5) Final Decisions: The Board will make all final decisions on the eligibility of a
Proje• or specific project costs.
Specific thoriey 374.976(2) FS,
Law Imple need 374.976(1) — (3) FS.
History — N 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly I6T-2.008,
Amended 5-17- 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04.
66B-2.009 — P
The District w
the project and the p
approving all reimburs
who will be a member o
the terms of the project agr
(1) Project Agreement
will enter into a project agreem
mutual obligations of the parties
incorporate the applicable policies
Project agreements will be for a two -
extension. Any request for a one-year e
PROJECT SPONSOR of a request for ex
fiscal year two of the approved project. Thi
DISTRICT Board, whose decision shall be fi
will take into consideration the current status
the applicant to complete the project within one a
(2) Matching Funds: Theproject sponsor shall
amount and source of the matching funds it will be u
supplied by the District for an approved project. The pr
suitable evidence that it has the matching funds available
agreement is executed.
(3) Agreement Modification: All proposed changes to th';•roject agreement must be
submitted to the District in writing by the project sponsor acco .•anied by a statement of
justification for the proposed changes. All project agreement ame'F..ments shall be
approved by the District Board, except that the Executive Director °A: y approve a minor
project agreement amendment for a project within a county with the ', al District
commissioner's concurrence. A minor project amendment shall not cha e the approved
project's category nor result in a reallocation of more than 35% of the ap•` •ved funding
of the project among project elements. Project agreement amendments will ot include a
change to the approved project's location or a change in the approved project`'. •urpose or
project type. Agreed changes shall be evidenced by a formal amendment to the e, oject
agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the pro ct
manager summarizing the work accomplished since the last report, problems
encountered, percentage of project completion and other appropriate information. These
reports shall continue throughout the length of the project period until completion of the
project. The report shall be submitted on Form 95-02, "Assistance Program Project
Quarterly Status Report, " dated 7-30-02, hereby incorporated by reference and available
at the District office.
EXHIBIT A
r
man
progr
(6) P
right to insp
(7) Projec
date of the begi
If the completion o
waives this rule sectio
three (3) year period.
(8) Project Completio > ' equirements: Upon completion of the project, the liaison
agent shall provide the folio " g to the project manager:
(a) A Project Completion ' rtificate, FIND Form No. 90-13 (effective date 7-30-02),
hereby incorporated by reference d available from the District office, which certifies
that the project was completed in a ` • rdance with the project agreement and the final
project plans.
(b) A final reimbursement request a:ompanied by all required billing statements
and vouchers.
(c) Photograph(s) showing the instalIati: ; of the sign required by Rule 66B-2.013,
F.A.C.
(d) Photograph(s) of the completed project c • ly showing the program
improvements.
(9) Project Completion Review: The project mana'.- r will review the project
completion package and will authorize or reject the final `:.;imbursement 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, Amended 3-21-01, 7-30-02.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement
ests during the project period in accordance with Rule 66B-2.011, F.A.C. The project
er will approve or disapprove all reimbursement requests. The final payment of
unds will be made upon certified completion of the project by the District.
ect Inspection: Upon reasonable request, the project manager shall have the
t the project and any and all records relating to the project.
ompletion: The project shall be completed within three (3) years of the
g of the District's first fiscal year for which the project was approved.
project is impacted by a declared state of emergency and the Board
the extension of time granted shall not exceed one additional
66B-2.011— Reimbursement.
The District shall release program funds in accordance with the ter and conditions
set forth in the project agreement. This release of program funds shall be ' a
reimbursement only basis. The District shall reimburse the project sponsor •, project
costs expended on the project in accordance with the project agreement. Proje s ds to
be reimbursed will require the submission of a Reimbursement Request Form an
required supporting documents, FIND Form No. 90-14 (effective date 7-30-02), he
incorporated by reference 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 attachment to the project agreement. This cost estimate will establish the maximum
funding assistance provided by the District and the percentage of funding provided by
each party to the project. The District will pay the lesser of (a) the percentage total of
project funding 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
EXHIBIT A
for the construction phase of the project. If the Phase I project is completed but a
onstruction contract is not executed by the three (3) year project deadline, then the
trict shall only allow one (1) year from the Phase I project deadline to enter into the
req, red construction contract before the Phase I funding is cancelled,
Reimbursement Requests: All project costs shall be reported to the District and
sunuped on the Reimbursement Request Form. All requests for reimbursement shall
include su..orting documentation such as billing statements for work performed and
cancelled pa . ent vouchers for expenditures made.
(4) Retain • ' e: The District shall retain ten percent (10%) of all reimbursement
payments until i -1 certification of completion of the project. The District shall withhold
any reimbursement •yment, either in whole or part, for non-compliance with the terms
of this agreement.
(5) Check Presentat s: A District representative shall present the final
reimbursement check to th-.iroject sponsor during a public commission meeting or
public dedication ceremony the project facility.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History — New 12-17-90, Amended 6-24-'' , Formerly 16T-2.011, Amended 3-31-99, 7-30-02,
66B-2.012 — Accountability.
The following procedures shall gove he accountability of program funds:
(1) Accounting: Each project sponsor is -sponsible for maintaining an accounting
system which meets generally accepted accoun g principles and for maintaining such
financial records as necessary to properly accoun < or all program funds.
(2) Quarterly Reports: The project sponsor sha ubmit quarterly project status
reports to FIND in accordance with subsection 66B-2. '9(4), F.A.C.
(3) Completion Certification: All required final co etion certification documents
and materials as outlined in subsection 66B-2.009(8), F.A. of this rule shall be
submitted to the District prior to final reimbursement of pro a • funds.
(4) Auditing: 411 project records including project costs sh be available for review
by the District or by an auditor selected by the District for 3 year fter completion of the
project. Any such audit expenses incurred shall be borne entirely b e project sponsor.
(5) Project Records: The project sponsor shall retain all records s + sorting project
costs for three years after either the completion of the project or the fina eimbursement
payment, whichever is later, except that should any litigation, claim, or sp 'al audit arise
before the expiration of the three year period, the project sponsor shall retain 11 records
until the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent au; 't that
program funds have not been used in accordance with this rule and applicable laws, e
project sponsor shall repay the misused program fundsItothe District.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History —New 12-17-90, Formerly 16T-2.012, Amended 7-30-02.
66B-2.013 —Acknowledgement.
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
9
EXHIBIT A
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
icipation. If the final product of the project is a report, study or other publication, the
Di` ; ict's sponsorship of that publication shall be prominently indicated at the beginning
of th *ublication. If the project results in an educational display, the District's logo and a
statem=it of the District's participation in the project shall be contained in the display.
Specific A , ority 374.976(2) FS.
Law lmplem =• red 374.976(1) FS.
History— Ne ' 2-17-90, Formerly 16T-2.013.
66B-2.014 -- S
Proposals sh
natural islands with
and environmental p
applications with the fol
(I) Application Proce
request proposals for consid
Document #03-02, Call for Pr
Enhancement Program (effective
available from the District office.
considered by the Board at any time
(2) Matching Funds:. Small-scale s
qualify for up to ninety percent (90%) pr
matching funds may include in -kind contrib
F.A.C.
(3) Eligibility: All proposals must meet the >•Bowing eligibility criteria to be
considered for funding.
(a) Management Plan Compliance: Projects sh. ' • - in compliance with the
provisions of any Spoil Island Management Plans or o r management plans that govern
the Project site.
(b) Property Control: The Project Sponsor must have r tten property rights on the
Project site to construct andrnaintain the Project for a minim '',. of five years. Such
property rights can be in the form of a lease, interlocal agreeme use agreement or other
legal form approved by the District.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule'+,.B-2.005, F.A.C.,
subject to the exceptions identified in this rule, and with the following '• . ditions:
(a) The District shall fund a maximum of up to $7,500 per project, n►; to exceed
$22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in -kind construction labor; such <; kind
. construction labor costs will not be counted by the District as exceeding $10.00 . -r hour.
No administrative costs can be incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Proj
expenses such as construction materials, plant materials, herbicides, etc. The funding
provided by the District shall not be allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees, shall
sign a hold harmless 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.
all -Scale Spoil Island Restoration and Enhancement Projects.
be accepted for the restoration or enhancement of spoil islands and
the District's waterways for recreational, navigational, educational,
ses. The applicable provisions of this rule apply to these
wing additions or exceptions:
re — A Request for Proposals procedure will be used to
tion. Proposals shall follow the format described in FIND
osals — Small -Scale Spoil Island Restoration and
ate 7-30-02), hereby incorporated by reference and
posals may be submitted to the District and
ring the year.
it island restoration and enhancement may
am funds. The applicant's ten percent (10%)
ion pursuant to paragraph 66B-2.014(4)(b),
:a
EXHIBIT A
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
istory — New 7-30-02, Amended 4-24-06.
P
vessels
these appli
(1) Appl
Form No. 05-0
from the District st2
the Board at any tint
(2) The District sh"k
removed and have an out
under these program rules.
(3) The program must be`onsored by an eligible government agency or not -for -
profit organization.
(4) District funding shall be limed to $10,000,00 per county, per year, provided on
a reimbursement basis only.
(5) The eligible applicant must prov4e the remaining matching funds for project
completion. In no case shall the District's c t-share contribution exceed 50% of the total
project costs. In-house project management or dministration costs are not eligible costs
or matching costs.
(6) The derelict vessel must be located in, or i' , ediately adjacent to, the Atlantic
Intracoastal Waterway.
(7) The District shall be recognized when possible all written, audio or video
advertising and promotions as a participating sponsor of th\.rogram.
(8) The funding provided by the District shall only be alated for removal of
derelict vessels. The District is providing program reimbursem funds only and shall be
held harmless with regards to the activities initiated by the applica
(9) The applicant shall be responsible for all maintenance, mana :ment, disposal and
operating expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel p emoved
through this grant program must be reinvested into the applicant's derelict ve ` ,1 removal
program.
(11) The District Board shall make all final decisions concerning the provisio` .•f
funding for this program.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1) FS.
History— New 4-24-06.
66 .015 — Small -Scale Derelict Vessel Removal Projects.
osals shall be accepted for financial assistance for the removal of derelict
n the District's waterways. The applicable provisions of this rule apply to
ions with the following additions or exceptions:
tion Procedure — Applications shall be submitted on a completed FIND
effective date 4-24-06), hereby incorporated by reference and available
ice. Applications may be submitted to the District and considered by
uring the year.
only fund applicants that have identified derelict vessels to be
ding bid for removal for such vessels, subject to eligibility
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor:
Project Title: Project #:
I hereby certify that the a ' .,ve referenced project Sponsor, as of .October 01,
200_, has the required matching fun.` _ or the accomplishment of the referenced project
in accordance with the Waterways Assi .. nce Program Project Agreement between the
Florida Inland Navigation District and the . onsor, dated October 200_. *
Project Liaison Name:•
.. , ... .
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJENAME: PROJECT NO.:
PROJECT S `''NSOR: BILLING NO.:
Amount of istance
AU Funds Pre sly Requested
Balance Availabl
Funds Requested
Less Retainage (-10% u ss final)
Check Amount =
Balance Available
Less Check Amount
Balance Remaining =
SCHEDULE OF E ENDITURES
Expense Description Check` :.. Total Applicant FIND
(Should correspond to Vendor Name and Date .uk Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
FIND - Form No. 90-14
Effective Date 7-30.02)
Tir
dy ti
(NOTE; Signature Required on Page
i9 rFj
r:;
FIND - Form No. 90-14
Page Two
Expense D cription
(Should corn- •ond to
Cost Estimate ' eet
Categories in Ex " it "B")
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost
Cost
Certification for Reimbursement: I certify that the above expenses were necessary an -asonable
for the accomplishment of the approved project and that these expenses are In accord.. . e with
Exhibit "8" 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 o . , ec nd gr punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title: Project #:
I hereby certify at the above referenced project was completed in accordance with
the Assistance Program '`P+ject Agreement between the Florida Inland Navigation District
and , dated
,'' 0 , and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 o e Project Agreement. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingl • akes a false
statement in writing with the intent to mislead a .public servant in the perform • e of his or
her official duty shall be guilty of a misdemeanor of the second degree, puni able as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Dat . - -9 Re
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJE O.
PROJECT TI ` E:
PROJECT SPONS
REPORT PERIOD
Oct 1-DEC 15 ; Dec , 5-Mar 1 ; Mar 1-June 15 ; June 15-Sep 1
Report Due: (Dec 30)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
(Effective Date: 7-30-02)
arch 15) (June 30) (Sep 15)
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTO : R 2006 - Project Agreement Executed, Project Initiates.
DECEMBE 0, 2006 - First Quarterly Report Due.
MARCH 15, 200 Second Quarterly Report Due.
JUNE 30, 2007 - Third Quarterly Report Due.
SEPTEMBER 15, 2007 - 'urth Quarterly Report Due.
DECEMBER 30, 2007 - Fifth ' uarterly Report Due.
MARCH 15, 2008 - Sixth Qua erly Report Due.
JUNE 30, 2008 - Seventh Qua '' , ly Report Due.
NOTE: If project will not be comple and all close out paperwork submitted by
September 1 s`, a request for an extensi of the completion date of the project
should be submitted with the quarterly re:•rt.
SEPTEMBER 1, 2008 - Closeout paperwork due.
By September 30, 2008 - District finishes processing •: •seout paperwork, performs
project inspection and submits final reimbursement check sponsor.
NOTE: Any modifications to the PROJECT shall require advce notice and prior
written approval of the District. The appropriate timing for modi i tions to the project
cost estimate, Exhibit B, would be after receipt of bi
*NON-COMPLIANCE by the PROJECT SPONSOR -with the reportin
Exhibit B may result in revocation of this agreement pursuant to Paragra
the project agreement.
hedule in
13 of
EXHIBIT H
INLAND
DISTRICT