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HomeMy WebLinkAboutMiami Circle Shoreline Project AgreementPROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #ICW-FDS-07-04, Miami Circle Shoreline Stabilization — Interlocal Agreement, between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and FDS- Division of Historical Resources hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. b. Responsibilities of the Project Sponsor - The PROJECT SPONSOR shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2010. Pursuant to law, the PROJECT period cannot extend beyond three (3) years from October 1, 2007 and therefore this PROJECT must be completed by September 30, 2010, unless the completion of the PROJECT has been delayed by a declared natural disaster and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this Z1 cx of 'I �za-kt Ei --- , 20 al . Attest: DIRECTOR PROJ CT SPONSOR . • CO��� RACT ADMINIS OR • i INTERLOCAL AGREEMENT AMENDMENT Exhibit A — Cost Estimate Revision In consideration of the continuing mutual promises and covenants contained in that certain INTERLOCAL AGREEMENT No. ICW-FDS-07-04 Miami Circle Shoreline Stabilization, in Miami. Florida, between the between the Florida Inland Navigation District, an independent special district of the State of Florida (hereafter "District") and the Florida Department of State, a political subdivision of the State of Florida, the parties hereby agree that Section 2. a. and Exhibit A, the Project Cost Estimate, of that certain PROJECT AGREEMENT be amended with the addition of the attached revised Section 2. a. and the addition of Exhibit A-2 therefore: In WITNESS WHEREOF, the parties have hereunto set their hands and seals this � of , 200. Attest: Attest: F.I.N.D. PROJECT SPONSOR ONTRACT ADMINI =T OR 6 -461 Section 2. Funding Responsibilities (revised 06-09-09): a. Responsibilities of the District. The District agrees to provide funding in the amount of $751,175, but in no event more than Thirty-four percent (34%) of the out-of-pocket costs for completion of the Project (the "Project Amount"), with the exception of paragraph 2 below. The Project is more specifically described in the Project Sponsor's application, on file at the District headquarters. Any modifications to the Project shall require advance notice to, and the prior written approval of, the District. Payment of funds by the District to the Project Sponsor will be on a reimbursement basis only, and only for those authorized project costs shown on the attached Exhibit A and meeting the requirement that such costs are necessary and reasonable for the effective and efficient accomplishment of the Project and are directly allocable thereto. Unless specifically identified on the attached Exhibit A or A-2, the parties agree that there shall be no reimbursement by the District for any obligation and expenditure of the Project Sponsor made prior to the original execution of this Agreement. In addition to the above, the District agrees to provide an additional funding amount of $152,308, but in no event more than Thirty-four percent (34%) of the direct cost for completion of the additional Project (the "Additional Project Amount") as referenced in Project Cost Estimate A-2, more specifically described in the Project Sponsor's additional application, as approved by the District Board on M y 22, 2009, on file at the District headquarters. Exhibit A —• 0 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-1.005 & 1.008 for eligibility and funding ratios) PROJECT TITLE: Miami Circle Riverwalk APPLICANT: Florida Department of State 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) i ite Work Quantity Estimated Cost (Number and/or Footage) Applicant's Cost FIND Cost Demolition -- $8,140.00 $2,860.00 Site grading & finish grading -- $8,140.00 $2,860.00 Stormwater -- $3,700.00 $1,300.00 Electrical -- $16,280.00 $5,720.00 1ardscape Parking loop 6,000 SF $19,240.00 $6,760.00 Riverwalk pavers 10,500 SF $59,000.00 $20,800.00 6-ft concrete walk 5,600 SF $29,600.00 $10,400.00 Limestone pavers 800 SF $7,400.00 $2,600.00 Curbing ite Furnishings 270 LF $5,180.00 $1,820.00 Riverwalk lighting 17 EA $74,000.00 $26,000.00 Riverwalk bollards 12 EA $29,600.00 $10,400.00 Benches 8 EA $8,880.00 $3,120.00 Trash receptacles 5 EA $5,180.00 $1,820.00 Bike rack 2 EA $1,332.00 $468.00 Interpretive signage 4 EA $22,200.00 $7,800.00 ,andscaping Palm trees 44 EA $5,920.00 $2,080.00 Canopy trees 17 EA $8,880.00 $3,120.00 Riverwalk planting 2,348 SF $9,620.00 $3,380.00 Stormwater planting 8,700 SF $22,200.00 $7,800.00 Sod 63,000 SF $22,220.00 $7,800.00 Irrigation 73,500 SF $66,600.00 $23,400.00 z2809789;1)Form No. 90-25 (New 10/14/92, Revised 04-24-06) Agenda - 10 • i INTERLOCAL AGREEMENT BY AND BETWEEN Florida Department of State AND THE FLORIDA INLAND NAVIGATION DISTRICT Project No. ICW-FDS-07-04 rk THIS INTERLOCAL AGREEMENT is made and entered into as of this day of MR-``f , 204 by and between the Florida Inland Navigation District, an independent special district of the State of Florida (hereafter "District") and the Florida Department of State, a political subdivision of the State of Florida, (hereafter "Project Sponsor"). WITNESSETH WHEREAS, the Project Sponsor has requested that the District participate in the funding needed for Miami Circle Shoreline Stabilization, in Miami, FL (hereinafter the "Project"); and WHEREAS, the District is willing to participate in such funding for the Project because of the benefit to navigation on the Atlantic Intracoastal Waterway, subject to the terms and provisions of this Interlacal Agreement; and WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties hereby agree as follows: Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles and obligations regarding the funding being provided with respect to the Project. Section 2. Funding Responsibilities: • • a. Responsibilities of the District. The District agrees to provide funding in the amount of $751,175, but in no event more than Thirty-four percent (34%) of the out-of- pocket costs for completion of the Project (the "Project Amount"). The Project is more specifically described in the Project Sponsor's application, on file at the District headquarters. Any modifications to the Project shall require advance notice to, and the prior written approval of, the District. Payment of funds by the District to the Project Sponsor will be on a reimbursement basis only, and only for those authorized project costs shown on the attached Exhibit A and meeting the requirement that such costs are necessary and reasonable for the effective and efficient accomplishment of the Project and are directly allocable thereto. Unless specifically identified on the attached Exhibit A, the parties agree that there shall be no reimbursement by the District for any obligation and expenditure of the Project Sponsor made prior to the execution of this Agreement. b. Responsibilities of the Project Sponsor. The Project Sponsor agrees to provide, and warrants and represents that it has, the amount of funding necessary (i.e. the Project Amount less the amount being provided by the District) available for completion of the Project, subject to legislative appropriation. Project Sponsor shall complete, or cause to be completed, the Project and submit all required payment reimbursement information on or before October 01, 2009. The District, by prior written approval, may extend funding under this Interlocal Agreement for one (1) year beyond October 01, 2009, with such extension of the Project period being at the sole discretion of the District. Any request for extension of the Project period and associated funding beyond October 01, 2009, shall require submittal by the Project Sponsor of a request for extension to the District, accompanied by a status report of the Project, no later than June 30, 2009. This extension request will then be considered by the District's Board, which decision shall be final. • • c. Reimbursement Procedures. Project costs shall be reported to the District and summarized on the reimbursement request form attached as Exhibit B, along with supporting documentation including bills and canceled payment vouchers for expenditures. Upon completion of the Project, the Project Sponsor shall submit to the District a request for final reimbursement of the District's funding. This final payment shall be paid upon (i) receipt by the District of the final audit report of expenses incurred on the Project by the Project Sponsor, (ii) full completion of the Project to the reasonable satisfaction of the District, submission of Project Completion Certification Form (attached hereto as Exhibit C), and (iii) submission of a photograph of the Project showing the sign required by Section 6.c. d. Non -Compliance. The District shall have the right to reimbursement, either in whole or in part as it may determine, of the funds provided by the District hereunder for non-compliance by the Project Sponsor with any of the terms of this Agreement. Upon notification from the District, the Project Sponsor shall reimburse such funds directly to the District. The provisions of Section 2.d. shall survive completion of the Project. Section 3. Effective Date and Term: This Agreement shall take effect upon execution, and shall terminate upon the date set forth in Section 2.b. for the completion of the Project, unless such time has been extended by the District. Section 4. Compliance with Codes and Laws: Each party agrees to abide by all applicable laws, orders, rules and regulations and the applicable portions of Rule 66B-1, (Exhibit E) with Project Sponsor being responsible for obtaining and abiding by all federal, state and local permits necessary for the development and completion of the Project. Section 5. Access and Audits: The Project Sponsor shall maintain adequate records to justify all charges, expenses, and costs incurred in paying for the Project for at least three • • (3) years after completion of the Project. The District shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours. Section 6. Project Requirement: a. If the Project is of a type to be utilized by the public, Project Sponsor agrees that when the Project is 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, without regard to residency of the user and other political subdivision. Project Sponsor also agrees the Project shall comply with all applicable local, state and federal requirements for accessibility by handicapped persons as well as all other applicable federal, state and local laws, rules and requirements. b. Project Sponsor also agrees that the site of the Project as described shall be made available for public use or held in the public trust, for a minimum period of twenty- five (25) years after completion of the Project. Any change in such public use shall require the prior approval of the District. Project Sponsor shall record evidence of such within the public records of the county in which the Project is located. c. Project Sponsor shall erect a permanent sign, approved by the District staff before construction and installation of said sign, in a prominent location at the completed project site that shall indicate that the District contributed funds for the Project. The sign shall contain the District's logo (attached as Exhibit D) unless otherwise stipulated by the District. In the event the Project Sponsor erects a temporary construction sign, it shall also indicate the Districts participation in funding. d. When and where applicable, 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. Project improvement shall be maintained in accordance with the • • standards and 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. Project Sponsor warrants and represents it has full legal authority and financial ability to operate and maintain said Project facilities and improvements. Section 7. Independent Contractor: The parties agree that the District is an independent contractor and not an agent or servant of Project Sponsor. No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 8. Liability: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in 768.28, Florida Statutes. 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. Section 9. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights. Section 10. Litigation Costs/Venue: In the event that the District or Project Sponsor institutes any action or suit to enforce the provisions of this Agreement, the • prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post -judgment levels. The venue of any such litigation shall be had only in the courts in Palm Beach County, Florida. Section 11. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: As to the Project Sponsor: As to the District: Florida Department of State Bureau of Archaeological Research 1001 de Soto Park Dr. Tallahassee, FL 32301 Attention: State Archaeologist & Chief Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 Attention: Executive Director Section 12. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 13. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 14. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Section 15. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. • Section 16. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 17. Rights and Duties/Assignment: 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 permitted assigns and shall, unless the context clearly requires otherwise, survive the 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. In the event the Project Sponsor transfers ownership or management of the Project to a party or parties not now a part of this Agreement, other than another governmental entity that agrees to assume, in writing, the Project Sponsor's obligation hereunder, the District retains the right to be fully reimbursed by 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. Section 18. Entirety of Agreement: This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 19. 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- • 411/ COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the day and year first written above. Witnesses: FLORIDA INLAND NAVIGATION DIST (1) 0 -) By: EXECUTIVE DIRECTOR (2) Date: iC a D ..artm-nt SISta Title: LL-i- r (2) Date: i EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-1.005 & 1.008 for eligibility and funding ratios) PROJECT TITLE: Miami Circle Shoreline Stabilization APPLICANT: Florida Department of State 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) Mobilization Site/Grading/Sodding Demolition Steel Sheet Piling Concrete Cap 16 ft. Concrete Walkway* Boardwalk Bollards Fill Rip Rap Mitigation Fee Extended Construction Cost Permit Fees** TOTALS *The City of Miami has committed $25,000 toward the construction of the Miami Circle segment of the Miami River Greenway path ** Miami -Dade County has agreed to waive the $23,000 Class I environmental permit fee Quantity Estimated Cost (Number and/or Footage) 13,750 SF 550 LF 550 LF 135 CY/550 LF 8,800 SF 55 (ea) 1,230 CY Applicant's Cost $6,772.00 $13,570.00 $290,997.00 $804,504.00 $90,363.00 $113,637.00 $134,154.00 $7,379.00 $20,243.00 $1,481,619.00 $4,720.00 $1,486,339.00 FIND Cost . $4,155.00 $8,275.00 $176,462.00 $487,706.00 $54,825.00 $4,391.00 $12,081.00 $747,895.00 $3,280.00 $751,175.00 ** TOTALS $ 2,237,514.00 $ 1,486,339.00 $ 751,175.00 Form No. 90-25 (New 10/14/92, Revised 04-24-06) Agenda - 10 EXHIBIT B FLORIDA INLAND NAVIGATION DISTRICT INTERLOCAL AGREEMENT PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance Funds Previously Requested Balance Available _ Funds Requested Less Retainage (10%) Check Amount Balance Available Less Check Amount Balance Remaining SCHEDULE OF EXPENDITURES Expense Description. Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "A") FIND - Form No. 90-24 Rev. 9/3/92 FIND - Form No. 90-24 Page Two EXHIBIT B CONTINUED 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 "A") 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 "A" 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 - Form No. 90-24 Rev. 9/3/92 • . Sponsor: EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT INTERLOCAL AGREEMENT Project Completion Certification Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Interlocal Agreement between the Florida Inland Navigation District and , dated 20 , and that all funds were expended in accordance with Exhibit "A" of the Innterlocal Agreement. Project Liaison Name: Project Liaison Signature: Date: • NOTARY SEAL *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. 90-13a Rev. 10/00 • 0 EXHIBIT D EXHIBIT E • CHAPTER 66B-1 — COOPERATIVE ASSISTANCE (INTERLOCAL) PROGRAM (2007) 66B-1.001 Purpose. 66B-1.002 Forms. 66B-1.003 Definitions. 66B-1.004 Policy. 66B-1.005 Funds Allocation. 66B-1.006 Application Process. 66B-1.007 Application Form. (Repealed) 66B-1.008 Project Eligibility. 66B-1.009 Project Administration. 66B-1.010 Project Agreement. (Repealed) 66B-1.011 Reimbursement. 66B-1.012 Accountability. 66B-1.013 Acknowledgement. 66B-1.014 Small -Scale Spoil Island Restoration and Enhancement Projects. 6613-1.015 Small -Scale Derelict Vessel Removal Projects. 66B-1.001 — 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 policies and procedures for the implementation of an assistance program under Section 374.976, F.S., for state agencies operating within the District. This program will be known hereafter as the Florida Inland Navigation District's Cooperative Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-1.001. 66B-1.002 — 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-1.002. 66B-1.003 — Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible state 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. • EXHIBIT E (4) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (5) "DISTRICT" means the Florida Inland Navigation District (FIND). (6) "ELIGIBLE STATE AGENCY" means state agencies or units thereof which provide programs on the waterways within a member county of the District. (7) "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. 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. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (11) "MEMBER COUNTY" means a county located within the taxing boundaries of the District that includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (12) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (13) "PROGRAM" means the Florida Inland Navigation District Cooperative Assistance Program. (14) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (15) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (16) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (17) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceably or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (18) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the project and compliance with the project agreement. (19) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (20) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (21) "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. EXHIBIT E • (22) "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. (23) "PUBLICLY OWNED COMMERICAL 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. (24) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (25) "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. (26) "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; obtains information on the history, importance, economics, condition and future of the Intracoastal Waterway; and becomes motivated to apply action strategies to maintain a 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 2-6-97, Formerly 16T-1.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3- 04, 4-21-05, 4-24-06, 4-15-07. 66B-1.004 — Policy. The following constitutes the policy of the District regarding the administration of the program. (1) Financial Assistance Eligibility: Eligible state agencies 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 and boating safety projects directly related to the waterways. 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-1.003, F.A.C. (2) Notification: The District will notify, by direct mail and/or advertised public notice, all eligible state agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. EXHIBIT E • (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (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. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. EXHIBIT E History— New 12-17-90, Amended 2-6-97, Formerly 16T-1. 004, Amended 5-17-98, 3-31-99, 3-5-00, 3-21- 01, 7-30-02, 3-3-04, 4-21-05. 66B-1.005 — 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 state and regional agencies of the availability of program funding and the authorized submission period. Applications will be reviewed by the Board utilizing District Forms No. 00-25 and No. 00-25(a thru f) Cooperative Assistance Program Application Evaluation and Rating Worksheet (effective date 4-24-06) hereby incorporated by reference and available from the District office. (1) Funding Assistance Availability: 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. (2) Project Funding Ratio: All financial assistance and support to eligible state and regional agencies shall require, at minimum, equal matching funds from the project sponsor's own budget, with the exception of public navigation projects that meet the provisions of subsection 66B-1.005(6), F.A.C. Applicant's in-house costs are limited pursuant to paragraph 66B-1.007(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty (50) percent of the state share of the cost of an inlet project. The District shall not contribute funding to both the state and local shares of an inlet management 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-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. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting over 50% of the total assistance funding available for the program, will be reviewed and approved by the 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 • EXHIBIT E • to provide assistance funding on a multi -year basis can be made at any time during the application review process. (5) 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. (6) Inlet Management: Projects and project elements in the categories of inlet management shall benefit public navigation within the District and shall be consistent with a Department of Environmental Protection approved inlet management plan. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History — New 12-17-90, Amended 2-6-97, Formerly 16T-1.005, Amended 5-17-98, 3-31-99, 3-21-01, 7- 30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07. 66B-1.006 — Application Process. (1) Application Period: Applications for assistance through this program will be submitted during the authorized submission period which shall be established by vote of the Board at a scheduled meeting. (2) Application Form: Florida Inland Navigation District Cooperative Assistance Program Application; Applicant Information — Project Summary, Form No. 90-12 (effective date 4-24-06) is hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program shall be made on this form. 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 state agencies shall also be made on FIND Form Number 90-12a Project Information (effective date 4-24-06) and shall include a detailed cost estimate submitted on FIND Form No. 90-25 Florida Inland Navigation District Assistance Program Project Cost Estimate (effective date 4-24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-11 (effective date 10-14-92) hereby incorporated by reference and available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. EXHIBIT E • (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 93-26 (effective date 3-5-00) hereby incorporated by reference and available from the District office. (5) Application Review: If the proposed project is a construction project within a single County, a pre -application meeting will be held with the local FIND Commissioner prior to formal submission of the application. If the proposed project is a regional project, a pre -application meeting will be held with District staff prior to formal submission of the application. 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 90-16 (effective date 7-30-02) hereby incorporated by reference and available from the District office, 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-1.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-16), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-1, F.A.C. (6) Interlocal Agreements: The District may enter into interlocal agreements to accomplish the goals of this program provided that funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs at the time of the request. Interlocal agreements will be considered by the Board at any time upon submission of a proposal on the forms of this program. Interlocal agreements under this program shall be in compliance with Chapters 374 and 163, F.S., and will only be approved for multi -agency projects that involve more than one project site or more than one political sub -division of the state, 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 will have multiple funding partners including the Corps of Engineers as the project manager. Interlocal agreements may include participation in government sponsored projects at privately owned waterway related facilities that serve the public on a first come, first serve basis. Applications that the Board determines meet the criteria set forth in subsection 66B-1.005(5), F.A.C., 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 applications that appear to meet these criteria and present them to the Board for its determination as to the funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for the permitting and property control requirements. (7) Application Presentations: Applications determined to be complete and in compliance with this rule shall be forwarded to the Board for review and then scheduled EXHIBIT E • 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: Following the presentations, the Board will review the applications and evaluate them using the Cooperative Assistance Program Application Evaluation and Rating Worksheet No. 00-25 available from the District office. 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. (9) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Amended 2-6-97, Formerly 16T-1.006, Amended 3-5-00, 3-21-01, 7-30-02, 3-20- 03, 4-21-05, 4-24-06, 4-15-07. 66B-1.008 — Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, and inlet management, environmental mitigation and beach renourishment directly related to the waterways. (a) Program funds may be used for projects such as acquisition planning, development, construction, reconstruction, extension improvement, operation or maintenance of the following for public use on land and water: 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7. Acquisition and development of public boat ramps and launching facilities; 8. Acquisition 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 boardwalks; 13. Waterways boating safety programs and equipment; • EXHIBIT E 0 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, land acquisition that is not for additional trailer parking at an existing boat ramp, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non -waterway users; 3. Roadways providing access to non -waterway users; 4. Parking areas for non -waterway users; 5. Utilities for non -waterway related facilities; 6. Lighting for non -waterway related facilities; 7. 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; and 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 will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for construction projects that include elements EXHIBIT E • that require state or federal environmental permits will demonstrate that all required environmental permitting will be completed by the District's final TRIM hearing. This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency(s) stating that a permit is not required. Should the environmental permitting element of an application for a construction project that includes elements that require state or federal permits or exemptions 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 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, maintenance and improvement of the public marina facility. Certification that revenues generated by a marina facility are exclusively allocated to the operation, maintenance and improvement of the public marine facility will be required to be submitted with the application and, if approved, thereafter on an annual basis using form No. FIND 03-01 EXHIBIT E • (effective date 3-3-04), hereby incorporated by reference and available from the District office. (5) Final Decisions: The Board will make all final decisions on the eligibility of a project or specific project costs. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) — (3) FS. History — New 12-17-90, Amended 2-6-97, Formerly 16T-1.008, Amended 5-17-98, 3-31-99, 3-5-00, 3-21- 01, 7-30-02, 3-20-03, 3-3-04, 4-24-06, 4-15-07. 66B-1.009 — Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement 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. (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 EXHIBIT E 4D project. The report shall be submitted on an Assistance Program Project Quarterly Status Report, Form 95-02 (effective date 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. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project. (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 beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective 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- 1.013, 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-1.009, Amended 3-21-01, 7-30-02. 66B-1.011 — 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 unless otherwise authorized by the Board. Board authorization shall only be given if the applicant can demonstrate that the project cannot be accomplished otherwise. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. However, the Board may approve the payment of all or a portion of the program funds upon the execution of 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) Project Reimbursement: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be EXHIBIT E 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 (1) the percentage total of project funding that the Board has agreed to fund, or (2) the maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation, such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Advanced Payment: For those projects where the Board approves payment of project funds in advance, the project sponsor shall provide an accounting of the expended program funds prior to the expiration date of the contract. Any program funds not expended pursuant to the Project Agreement shall be reimbursed to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-1.011, Amended 3-31-99, 7-30-02. 66B-1.012 — 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-1.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B-1.009(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. EXHIBIT E (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. History — New 12-17-90, Formerly 16T-1.012, Amended 7-30-02. 66B-1.013 — 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 the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History — New 12-17-90, Formerly 16T-1.013. 66B-1.014 — 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: (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 3-20-03, 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-1.014(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-1.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: EXHIBIT E (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 07-30-02) 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 3-20-03, Amended 4-24-06. 66B-1.015 — Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4- 24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications 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 $10,000.00 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 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 or the Okeechobee 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. EXHIBIT E (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. PROJECT NO. EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT 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 31) (March 15) (June 31) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G INTERLOCAL ASSISTANCE PROJECT SCHEDULE OCTOBER 2007 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2007 - First Quarterly Report Due. MARCH 15, 2008 - Second Quarterly Report Due. JUNE 30, 2008 - Third Quarterly Report Due. SEPTEMBER 15, 2008 - Fourth Quarterly Report Due. DECEMBER 30, 2008 - Fifth Quarterly Report Due. MARCH 15, 2009 - Sixth Quarterly Report Due. JUNE 30, 2009 - Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September 1 s`, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 01, 2009 - Closeout paperwork due. SEPTEMBER 30, 2009 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit B, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement.