HomeMy WebLinkAboutExhibit 1FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. DA-MI-10-118
This PROJECT AGREEMENT made and entered into this day of
, 20 by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City of Miami, (hereinafter the "PROJECT SPONSOR").
In consideration of the mutual promises and covenants contained herein, the parties agree as
follows:
1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the
Florida Administrative Code (Exhibit "B"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Miami Marine Stadium Restoration - Phase I. 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 written advance notice and iustification
from the PROJECT SPONSOR 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, 2012, unless the PROJECT period has been extended with the prior
written approval of the DISTRICT. In no event other than a declared state of emergency that affects
the project completion shall the PROJECT period extend beyond three (3) years from October 1,
2010. The PROJECT SPONSOR acknowledges this is the only provision to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2013, 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 dates set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than 60 days prior to the original project agreement expiration. This request will then be
considered by the DISTRICT Board, whose decision shall be final.
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3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty percent
(50%) of the PROJECT SPONSORS out-of-pocket costs for completion of this PROJECT
("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the
"ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized
PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and
shall not, in any event, exceed $175,000.00.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it
has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE
AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this
Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds
using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT
with access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient
accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are
generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within
the PROJECT period, with the exception of pre -agreement costs, if any, consistent with 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 unless previously
delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT
Board during the grant review process.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the
DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached
as Exhibit D. Supporting documentation including bills and canceled payment vouchers for
expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON
AGENT with any payment request. All records in support of the PROJECT COSTS included in
payment requests shall be subject to review and approval by the DISTRICT or by an auditor
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
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Project funds may be released in installments, at the discretion of the DISTRICT, upon
submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT
shall retain ten percent (10%) of each installment payment until the completion of the PROJECT.
The following costs, if authorized in the attached Exhibit A, shall be reimbursed only upon
completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with
Exhibit B: personnel, equipment, project management, administration, inspection, and design,
permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has
otherwise fully complied with the requirements of the Agreement, reimbursement for all
PROJECTS approved as Phase I projects will be made only upon commencement of construction of
the PROJECT for which the Phase I planning, designing, engineering and/or permitting were
directed, which may or may not involve further District funding. Procedures set forth below with
respect to reimbursement by the District are subject to this requirement of commencement of
construction.
The DISTRICT shall have the right to withhold any payment hereunder, either in whole or
part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the
PROJECT, shall submit to the DISTRICT a request for final reimbursement of the 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
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the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from
the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT.
The provisions of this paragraph shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is
hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement
and shall be responsible for monitoring performance of its terms and conditions and for approving
all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a
LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the
Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall
submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports
are to be on Form #95-02 (Exhibit F). 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 proprietary authorizations, and all applicable laws and regulations in the
development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall
be designed and constructed in compliance with 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, thePROJECT 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 prior to or
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immediately following completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such dedication
shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence
of such dedication within the Public Records of the County in which the PROJECT is located.
17. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the
project entrance of the completed project, which shall indicate that the DISTRICT contributed funds
for the PROJECT. The wording of the sign required by this paragraph shall be approved by the
DISTRICT's staff before construction and installation of said sign. This sign shall contain the
DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the
PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the
DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations.
18. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR
agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements
and will pay all expenses required for such purposes. The PROJECT improvements shall be
maintained in accordance with the standards of maintenance for other local facilities owned and
operated by project sponsor, and in accordance with applicable health standards. PROJECT
facilities and improvements shall be keptreasonably 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. FEES — Any fees charged for this PROJECT shall be reasonable and the same for
the general public of all member counties. The PROJECT SPONSOR must demonstrate that a
minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and
improvements throughout the anticipated 25-year life of a development project or the design life of
other project types, as applicable
20. 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
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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.
21. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
22. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective successors and
assigns, and shall, unless the context clearly requires otherwise, survive completion of the
PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
without the express prior written consent of the DISTRICT.
23. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be
deemed a waiver of any other breach of the same or different provision.
24. NOTICE - Any notice required to be given pursuant to the terms and provisions of
this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt
requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be
effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at:
City of Miami
Attention: Assistant Director, CIP, Public Facilities
444 SW 2nd Ave., 8th Floor
Miami, FL 33130
25. 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.
26. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
27. 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
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not now a part of this document, other than another governmental entity that agrees to assume, in
writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full
reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided
by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless
of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement.
28. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a
part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior
oral and written communications between them. The terms hereof may be modified only by a
written amendment signed by. both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
Director
DATE:
WITNESSES: PROJECT SPONSOR
By:
Title:
DATE:
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Exhibit A
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: Miami Marine Stadium Restoration — Phase I
APPLICANT:
City of Miami
1 Project Elements
, (Please list the MAJOR 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
Design and Permitting, includes
Structural Engineering and
Geotechnical Testing
$175,000
$175,000
". * TOTALS =
$ 350,000
Form No. 90-25 (New 10/14/92, Revised 04-24-06)
$ 175,000 $ 175,000
Agenda - 10 -
Exhibit B
CHAPTER 66B-2 — WATERWAYS ASSISTANCE PROGRAM (2010)
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Disaster Relief Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects.
66B-2.015 Small -Scale Derelict Vessel Removal Projects.
66B-2.001 - Purpose.
Recognizing the importance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created Section 374.976,
F.S. This law authorizes and empowers each inland navigation district to undertake
programs intended to alleviate the problems associated with its waterways. The purpose
of this rule is to set forth the District's policy and procedures for the implementation of
an assistance program under Section 374.976, F.S., for local governments, member
counties and navigation related districts within the District. This program will be known
hereafter as the Florida Inland Navigation District's Waterways Assistance Program.
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.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an application
through this program.
(2) "APPLICATION" means a project proposal with the required documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) `BEACH RENOURISHMENT" means the placement of sand on a beach for the
Exhibit B
nourishment, renourishment or restoration of a beach.
(5) `BOARD" means the Board of Commissioners of the Florida Inland Navigation
District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
governments and navigation related districts within the taxing boundaries of the District.
(8) "ENVIRONMENTAL PERMITS" means those peunits, proprietary
authorizations, exemptions, or general permits for construction below mean high water
line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps
of Engineers, the Florida Department of Environmental Protection, and the South Florida
or the St. Johns River Water Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland
Navigation District.
(10) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
(12) "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
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 MAINTENANCE" means any usual action, activity, expense,
replacement, adjustment or repair taken to retain a project or grant item in a serviceable,
operational or normal condition, or the routine efforts and expenses necessary to restore it
to serviceable or normal condition, including the routine recurring work required to keep
the project or grant item in such condition that it may be continuously used at its original
or designed capacity and efficiency for its intended purpose.
(21) "PROJECT MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project agreement.
(22) "PROJECT PERIOD" means the approved time during which costs may be
incurred and charged to the funded project.
(23) "PROJECT SPONSOR" means an eligible governmental agency receiving
Exhibit B
program funds pursuant to an approved application.
(24) "PUBLIC BUILDING" means a building or facility on government owned
property that is owned or operated by a governmental entity, or operated by a third party
operator. The building or facility must provide waterway related information, public
meeting space, or educational services and be open to members of the public on a
continual basis without discrimination.
(25) "PUBLIC MARINA" means a harbor complex used primarily for recreational
boat mooring or storage, the services of which are open to the general public on a first
come, first served basis without any qualifying requirements such as club membership,
stock ownership, or differential in price.
(26) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY
ACCESS" means any publicly owned area specifically designed to be used for staging,
launching, or off-loading by commercial or industrial waterway users on a first come,
first served, short-term basis, to gain entry to or from the District's waterways to serve
the infrastructure needs of the District's waterway users.
(27) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(28) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee
Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those
portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control
structures, all navigable natural rivers, bays, creeks or lagoons intersected by said
waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending
from said waterways.
(29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holistic process by which the learner: develops an awareness of the
natural and manmade environments of waterways; develops knowledge about how the
environment of the waterways works; acquires knowledge about the technological, social,
cultural, political, and economic relationships occurring in waterway related
environmental issues; and, becomes motivated to apply action strategies to maintain
balance between quality of life and quality of the environment of waterways.
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, 4-15-07, 3-25-08.
66B-2.004 - Policy.
The following constitutes the policy of the District regarding the administration of the
program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation
may be provided to eligible governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or cooperation in
planning, acquisition, development, construction, reconstruction, extension,
improvement, operation or the maintenance of public navigation, local and regional
anchorage management, beach renourishment, public recreation, inlet management,
environmental education, and boating safety projects directly related to the waterways.
(b) Eligible local governments may also be provided financial assistance, support and
cooperation in planning and carrying out public navigation, local and regional anchorage
Exhibit B
management, beach renourishment, public recreation, inlet management, environmental
education, and boating safety projects directly related to the waterways.
(c) Navigation relateddistricts may be provided with financial assistance to pay part
of the costs of the planning and acquisition of dredge material management sites if the
Board finds that the site is required for the long-range maintenance of the Atlantic
Intracoastal Waterway channel. All such sites must meet the development and operational.
criteria established by the District through a long-range dredge material management plan
for that county. Navigation related districts may also be provided with assistance for
waterway related access projects, environmental mitigation projects associated with
waterway improvement related activities and inlet management projects if the Board
finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All
navigation related districts shall contribute at least equal matching funds to any District
financial assistance provided. Seaports may also be furnished assistance and support in
planning and carrying out environmental mitigation projects. All seaport projects shall
benefit publicly maintained channels and harbors. Each seaport shall contribute matching
funds for funded projects.
(d) Eligible projects shall include the acquisition and development of public boat
ramps and launching facilities, including those in man-made, navigable waterways
contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C.
(2) Notification: The District will notify by direct mail 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 othersimilar local
facilities and in accordance with applicable health standards. Project facilities and
Exhibit B
improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor shall have full legal
authority and financial ability to operate and maintain the project facilities.
(7) Education Facilities and Programs: Waterways related environmental education
facilities and programs sponsored by the District shall occur at specially designated
environmental education facilities located adjacent and contiguous to the waterways. It is
the District's intent to consolidate its environmental education efforts in the least number
of facilities within an area that will adequately serve the education needs of that area of
the District.
(8) Public Information Availability: Public information produced with assistance
from this program shall not be copyrighted and shall be provided free of cost, except for
the cost of reproduction, to the public.
(9) Third -Party Project Operators: Projects that are being operated by a third party
shall have sufficient oversight by the eligible project sponsor as determined by the Board.
Such oversight, at a minimum, will include a project liaison that is a staff member of the
eligible project sponsor, and oversight of the operating hours and admission fees of the
facility by the eligible project sponsor through a legal agreement. All third party projects
shall be open to the public in accordance with this rule.
(10) Non-compliance: The District shall terminate a project agreement and demand
return of program funds disbursed to the project sponsor for non-compliance with any of
the terms of the project agreement or this rule, if such non-compliance calls into question
the ability of the applicant to complete the project. Failure of a project sponsor to comply
with the provisions of this rule or the project agreement shall result in the District
declaring the project sponsor ineligible for further participation in the program until such
time as compliance has been met to the satisfaction of the District.
(11) Fees: Any public project eligible for District program funds that charges a fee or
will charge a fee must demonstrate that the facility will utilize 50% or greater of the
collected funds for project maintenance and improvements throughout the anticipated 25-
year life of a development project or the design life of other project types, as applicable.
Rulemaking 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, 4-1-09, 2-22-10.
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
Exhibit B
of the District's ad valorem tax collections from each county in which such agencies are
located. The District may make an exception to this funding limitation, if funds are
determined to be available based upon the District's overall goals, management policies,
fiscal responsibilities and operational needs, or in counties that are recovering from a
state of emergency declared under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at a minimum, equal matching funds from the
project sponsor, with the exception of public navigation projects that meet the provisions
of subsection 66B-2.005(7), F.A.C., land acquisition projects in accordance with
subsection 66B-2.005(8) and Rule 66B-2.008, F.A.C., and small-scale spoil island
restoration and enhancement projects that meet the provisions of Rule 66B-2.014, 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°%0) of the local share of the cost of an inlet
management or beach renourishment project. The District shall not contribute funding to
both the state and local shares of an inlet management or beach renourishment project.
(3) Pre -agreement Expenses: The project sponsor shall not commence work on an
approved project element prior to the execution of the project agreement unless
authorized by the Board during the review and funding approval process. Board
authorization of pre -agreement expenses will be given for the commencement of work
prior to the execution of a project agreement if the Board determines that there is a
benefit to the District, its waterways or its constituents. All project costs must be incurred
and work performed within the project period as stipulated in the project agreement
unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be
approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur
within the fiscal year of the grant application submission (October 1st to September
30th). Pre -agreement expenses, except for projects approved by the Board as multi -year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses
are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of
the approved pre -agreement expenses will be eligible for reimbursement funding from
the District, except for projects approved by the Board as multi -year projects. The Board
shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale
Derelict Vessel grants and land acquisition projects when the applicant demonstrates a
direct need and benefit and the project is in accordance with the applicable provisions of
Chapter 66B-2, F.A.C.
(4) 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
Exhibit B
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
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 managementplans and the statewide beach management plan pursuant to
Section 161.161, F.S. Inlet management projects that are determined to be consistent with
Department of Environmental Protection approved inlet management plans are declared
to be a benefit to public navigation.
(b) Beach Renourishment: All projects in this category shall be consistent with the
statewide beach management plan. Beach renourishment projects shall only include those
beaches that have been adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination of beach areas that are
adversely impacted by navigation for the purposes of this program shall be made by
Department of Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate parking must be
available in accordance with Chapter 161, F.S.
(7) Public Navigation: Projects or project elements in the category of public
navigation that will qualify for up to seventy-five percent (75%) program funds must
provide public navigation channel 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. Dredging that is associated or ancillary to another use
(such as a boat ramp, marina or pier) will be prioritized according to the associated use.
(8) Land Acquisition: All land acquisition projects shall qualify for a maximum of
Exhibit B
twenty-five (25) percent program funding. All pre -agreement expenses for land
acquisition must be completed within one-year of the date of application for funding.
Rulemaking Authority 374.976(1) 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, 4-15-07,
3-25-08, 4-1-09.
66B-2.006 - Application Process.
(1) Application Period: With the exception of eligible Disaster Relief Projects,
eligible Small -Scale Spoil Island Restoration and Enhancement Project and eligible
Small -Scale Derelict Vessel Applications, all applications for assistance through this
program will be submitted during the authorized submission period that shall be
established by vote of the Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance
Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and 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
made on FIND Form Number 93-22 (effective date 4-24-06), hereby incorporated by
reference and available from the District office, and shall include a detailed cost estimate
submitted on FIND Form No. 90-25. In addition, all applicants shall submit a complete
and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07).
(3) Sponsor Resolution: The project sponsor shall approve the submission of an
application by official resolution from its goveming board or commission. Said resolution
shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida
Inland Navigation District Waterways Assistance Program (effective date 10-14-92),
hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land based
development project the applicant shall submit an Attorney's Certification of Title, FIND
Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and
available from the District office.
(5) 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
Exhibit B
compliance. If the applicant fails to provide a complete application in compliance with
these rules, the application will not be considered for funding. In order to have a
complete application, the applicant shall not only submit the forms required under Rule
66B-2.006, F.A.C., and any other information requirements identified in the Application
Checklist (FIND Form Number 90-26), but such forms and other submitted information
must be completely filled out, executed as applicable, and also establish compliance with
Chapter 66B-2, F.A.C.
(6) Interlocal Agreements: Applications . that the Board determines will directly
benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by
the District's long range dredged material management plans, will directly benefit the
maintenance of the Okeechobee Waterway channel as documented by the District's long
range dredged material management plan, will directly benefit the maintenance or
improvement of District property, right-of-way or navigation interests, or have multiple
funding partners including the Corps of Engineers as the project manager can qualify for
project assistance through an interlocal agreement pursuant to Chapter.163, F.S., or
Section 374.984(6)(a), F.S. District staff will identify these applications and present them
to the Board for their determination as to funding. Interlocal agreement projects shall
comply with all other provisions of this rule, except for pre -agreement expenses,
permitting and property control requirements.
(7) Application Presentations: Applications determined to be complete and in
compliance with this rule will be forwarded to the Board for review and then scheduled
for presentation 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 f) for Waterways
Assistance Program applications, and 93-25 (a, b and c) Waterways Assistance Program
Navigation Related Districts applications. The total points awarded to each application by
the Commissioners will be averaged to determine an application's final rating score. The
final rating score for each application must equal or exceed 35 points for the application
to be considered for funding assistance. Reconsideration of any application with a final
rating score of less than 35 points will only occur if the majority of the Commissioners
evaluating the project rated the project equal to or exceeding 35 points and two-thirds of
the Commissioners vote for reconsideration of the application. Only Applicants that are
eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications", shall complete
FIND Foiiu No. 91-25F Emergency Re -Construction (effective date 4-24-06).
(9) Funding Determination: The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if any, to each project and
the projects will be ranked by overall average score to facilitate final funding decisions
by the Board. Allocations will be based in part upon the cumulative 'score of the
applications as calculated from the Project Evaluation and Rating Foun. 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, 4-15-07, 3-25-08.
Exhibit B
66B-2.0061 - Disaster Relief Applications.
Disaster Relief applications may be submitted to the District and considered by
the Board at anytime 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 and anchorage management, public recreation,
environmental education, boating safety, acquisition and development of spoil sites and
publicly owned commerciallindustrial waterway access directly related to the waterways,
acquisition and development of public boat ramps, launching facilities and boat docking
and mooring facilities, inlet management, environmental mitigation and beach
renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, or improvement, of the following
types of projects for public use on land and water. These project types will be arranged
into a priority list each year by vote of the Board. The priority List will be distributed to
applicants with the project application.
1. Public navigation channel dredging;
2. Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation in the District;
4. Public shoreline stabilization directly benefiting the District's waterway channels;
5. Acquisition and development of publicly owned spoil disposal site and public
commercial/industrial waterway access;
6. Waterway signs and buoys for safety, regulation or information;
7. Acquisition, dredging, shoreline stabilization and development of public boat
ramps and launching facilities;
8. Acquisition, dredging, shoreline stabilization and development of public boat
docking and mooring facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront parks and boardwalks and associated improvements;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program
funding or matching funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, irrigation equipment, ball -courts, park and playground
equipment, and any extraneous recreational amenities not directly related to the waterway
Exhibit B
such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non -waterway users;
3. Roadways providing access to non -waterway users;
4. Parking areas for non -waterway users;
5. Utilities for non -waterway related facilities;
6. Lighting for non -waterway related facilities;
7. Project maintenance and maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels; and
10. Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the main
eligible public building; and
12. Conceptual project planning, including: public surveys, opinion polls, public
meetings, 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 initial District funding. All future replacement and maintenance costs of the vessel and
related equipment will be the responsibility of the applicant.
3. Waterway related environmental education facility funding will be limited to those
project elements directly related to the District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects may be submitted
as a phased project where Phase I will include the design, engineering and permitting
elements and Phase II will include the construction of the project. A description and cost
estimate of the Phase II work shall be submitted along with the Phase I application for
Board review.
(2) Property Control: The site of a new proposed land -based development project,
with the exception of those projects requesting Small -Scale Spoil Island Restoration and
Enhancement funding, shall be dedicated for the public use for which the project was
intended for a minimum period of 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
Exhibit B
development projects that are being repaired, replaced or modified must demonstrate that
the project site has been dedicated for public use for at least 25 years with at least 10
years remaining on the dedication document. Property shall also be deemed dedicated for
public use if:
(a) The property has been designated for the use for which the project is intended
(even though there may have been no formal dedication) in a plat or map recorded prior
to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the
property for the public use for which the project is intended for a period of at least 30
years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the property as
shown on the plat or map, nor has there been any judicial determination contrary to the
use by the public for the use shown on the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and
all federal, state and local permits, laws, proprietary authorizations and regulations in the
development and operation of the project. Applicants for construction projects that
include elements that require state or federal environmental permits or proprietary
authorizations will demonstrate that all required environmental permitting and
authorizations will be completed by the District's final TRIM hearing. This
demonstration will be by submission of the required environmental permit(s) and
authorizations, or by submission of a letter from the agency(s) stating that a permit or
authorization is not required. Should the environmental permitting element of an
application that has construction elements requiring state or federal environmental
permits or authorizations not be completed by the District's final TRIM hearing, the
construction portion of the project will not be considered for funding. Whereby funding
decisions are completed at the final TRIM hearing, the District will not deviate from the
funding schedule to accommodate any application deficiency.
(4) Public Marina Qualifications: All public marina projects funded through this
program shall include sewage pumpout facilities for vessels, unless the applicant can
demonstrate that inclusion of such a facility is physically, operationally or economically
impracticable. All public marina projects funded through this program shall have at least
ten percent (10%) of their slips or mooring areas available for transient vessels. Public
marina dockage rates shall be within market comparison of the dockage rates of other
area marinas. Program funds to public marina projects shall not be utilized for
replacement of the facilities if revenues generated by the facility are not allocated to the
operation, maintenance and improvement of the public marina facility in accordance with
subsection 66B-2.004(10), F.A.C.
(5) Final Decisions: The Board will make all final decisions on the eligibility of a
Project or specific project costs.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History —New 12-17-90, Amended 9-2-92,
6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02,
3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10.
66B-2.009 — Project Administration.
The District will appoint a project manager who shall be responsible for monitoring
Exhibit B
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 hi 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 incompliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the project
manager summarizing the work accomplished since the last report, problems
encountered, percentage of project completion and other appropriate information. These
reports shall continue throughout the length of the project period until completion of the
project. The report shall be submitted on Form 95-02, "Assistance Program Project
Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available
at the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement
requests during the project period in accordance with Rule 66B-2.011, F.A.C. The project
manager will approve or disapprove all reimbursement requests. The fmal payment of
program funds will be made upon certified completion of the project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall have the
right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the
date of the beginning of the District's first fiscal year for which the project was approved.
Exhibit B
If the completion of a project is impacted by a declared state of emergency and the Board
waives this rule section, the extension of time granted shall not exceed one additional
three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the liaison
agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Foiui 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 fmal 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 Phase I application until a construction contract is executed by the applicant
for the construction phase of the project. If the Phase I project is completed but a
construction contract is not executed by the three (3) year project deadline, then the
District shall only allow one (1) year from the Phase I project deadline to enter into the
required construction contract before the Phase I funding is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the District and
summarized on the Reimbursement Request Form. All requests for reimbursement shall
include supporting documentation such as billing statements for work performed and
Exhibit B
cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10%) of all reimbursement
payments until final certification of completion of the project. The District shall withhold
any reimbursement payment, either in whole or part, for non-compliance with the 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 govem 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.
Specifc 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, at the
entrance to the project site which indicates the District's participation in the project. This
sign shall contain the FIND logo. In the event that the project sponsor erects a temporary
construction sign, this sign shall also recognize the District's participation. If the final
product of the project is a report, study or other publication, the District's sponsorship of
that publication shall be prominently indicated at the beginning of the publication. If the
project results in an educational display, the District's logo and a statement of the
Exhibit B
District's participation in the project shall be contained in the display.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16T-2.013,
Amended 2-22-10.
66B-2.014 - Small -Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and
natural islands within the District's waterways for recreational, navigational, educational,
and environmental purposes. The applicable provisions of this rule apply to these
applications with the following additions or exceptions:
(I) Application Procedure — A Request for Proposals procedure will be used to
request proposals for consideration. Proposals shall follow the format described in FIND
Document 403-02, 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 incorporated by reference and available from the District office.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 7-30-02, Amended 4-24-06.
66B-2.015 - Small -Scale Derelict Vessel Removal Projects.
Exhibit B
Proposals shall be accepted for financial assistance for the removal of derelict vessels
within the District's waterways. The applicable provisions of this rule apply to these
applications with the following additions or exceptions:
(1) Application Procedure — Applications shall be submitted on a completed FIND
Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-
06), and FIND Folio No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project
Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available
from the District office. Applications 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 a current bid for removal for such vessels, or have completed the
removal of such vessels within the 6 months preceding the application, subject to
eligibility under these program rules.
(3) The program must be sponsored by an eligible government agency or not -for -
profit organization.
(4) District funding shall be limited to $20,000.00 per county, per year, provided on a
reimbursement basis only. The limitation on pre -agreement expenses may be waived by
the Board in accordance with subsection 66B-2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project
completion. In no case shall the District's cost -share contribution exceed 75% 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 the District's Waterways, as defined in Rule
66B-2.003, F.A.C.
(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, Amended 4-15-07, 3-25-08.
Sponsor:
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Project Title: Project #:
I hereby certify that the above referenced project Sponsor, as of October 01,
20_, 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 . *
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
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
All Funds Previously Requested
Balance Available =
Funds Requested
Less Retainage (-10% unless final) -
Check Amount =
Balance Available
Less Check Amount
Balance Remaining
PROJECT #:
BILLING #:
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02)
• FIND - Form No. 90-14
Page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "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 and reasonable
for the accomplishment of the approved project and that these expenses are in accordance with
Exhibit "B" of the Project Agreement.
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Fomi No. 90-14
Effective Date 7-30-02)
Sponsor:
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion 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 theintent 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 NO.
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
http://www.aicw.org./wapapp pdf.ihtml?method=view&wapapp pdf.id=1
PROJECT TITLE:
PROJECT SPONSOR:
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 No. 95-02
(Effective Date: 7-30-02)
EXHIBIT G
WA1ERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2010 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2010 - First Quarterly Report Due.
MARCH 15, 2011- Second Quarterly Report Due.
JUNE 30, 2011 - Third Quarterly Report Due.
SEPTEMBER 15, 2011 - Fourth Quarterly Report Due.
DECEMBER 30, 2011- Fifth Quarterly Report Due.
MARCH 15, 2012 - Sixth Quarterly Report Due.
JUNE 30, 2012 - Seventh Quarterly Report Due.
NOTE: If the project will not be completed and all close out paperwork submitted
by September 1 S`, a request for a 1-year extension of the completion date of the
project should be submitted with the quarterly report.
SEPTEMBER 01, 2012 - Closeout paperwork due.
SEPTEMBER 30, 2012 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check with check presentation to
sponsor.
NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and
prior written approval of the District. The appropriate timing for modifications to the
project cost estimate, Exhibit B, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
r.
EXHIBIT H
http://www.aicw.orp/bids.jhtml?method=listBvCat id&bids.cat id=4