HomeMy WebLinkAbout25050AGREEMENT INFORMATION
AGREEMENT NUMBER
25050
NAME/TYPE OF AGREEMENT
FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE PROGRAM
DESCRIPTION
REIMBURSEMENT GRANT/REMOVAL OF DERELICT
VESSELS/FILE ID: 15814/R-24-0134/#30
EFFECTIVE DATE
April 11, 2024
ATTESTED BY
TODDB.HANNON
ATTESTED DATE
4/26/2024
DATE RECEIVED FROM ISSUING
DEPT.
6/27/2024
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Grants Administration
DEPT. CONTACT PERSON: Dorian Gibson EXT. 1655
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Inland Nagivation District
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $400,000 FUNDING INVOLVED? ® YES El NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT El PUBLIC WORKS AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT
❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY):
436
PURPOSE OF ITEM (BRIEF SUMMARY): RESCINDING RESOLUTION NO. R-24-0089, ADOPTED ON MARCH 14, 2024,
AND REPLACING IN LIEU THEREOF, WITH A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") PROGRAM FOR AN AMOUNT NOT TO EXCEED $200,000.00 ("GRANT FUNDS")
AVAIABLE UNDER THE CAPITAL PROJECT NUMBER TO BE DETERMINED FOR A TOTAL PROJECT COST OF
$400,000.00, FOR THE REMOVAL OF DERELICT VESSELS FROM THE CITY OF MIAMI'S ("CITY'S") JURISDICTIONAL
WATERWAYS ("PROJECT");
COMMISSION APPROVAL DATE: 4/11 /2024 FILE ID: 15814 ENACTMENT NO.: R-24-0134
I
F THIS DOES NOT REQUIRE COMMISSION APPROVAL,
ROUTING INFORMATION
PLEASE EXPLAIN:
Date
Signature/Print
APPROVAL BY DEPARTMENTAL DIRECTOR
4/15/2024
PRINT: LILLAN :.: • 1 T
`P, A /1►
SIGNATURE: - F/ wr7 �4 fI
APPROVAL BY BUDGET DIRECTOR
N/A
PRINT: MARIE GOUIN
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
N/A
PRINT: ANN-MARIE SHARPE
SIGNATURE:
SUBMITTED TO CITY ATTORNEY
N/A
PRINT: VICTORIA MENDEZ
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
PRINT: LARRY N
SIGNATURE:
APPROVAL BY DEPUTY CITY MANAGER
041
- Z 2 - 211
PRINT: NATAS C OK -
WILLIAMS
SIGNATURE: 022/ ^----AS
RECEIVED BY CITY MANAGER
'iii
PRINT: ART NORI
V
SIGNATURE: �.
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
ATTACHMENT E-7
RESOLUTION FOR ASSISTANCE 2024
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Miami is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of Miami
and the State of Florida:
Project Title: Removal of Derelict Vessels
Total Estimated Cost $400,000 ($200,000 FIND cost & $200,000 City cost)
Brief Description of Project: Removal of derelict vessels from the City's jurisdictional
waterways.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the City of Miami
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said City of Miami
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of eligible 50 % of the
actual cost of the project in behalf of said City of Miami
AND, be it further resolved by the City of Miami
(Name of Agency)
(Name of Agency)
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(1)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said City of Miami
for public use.
(Name of Agency)
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the Miami City Commission
(Agency Governing Board)
held on this 1 lth day of April 20 24 .
at a legal meeting
City Clerk City Manager
Title Title
(2)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
AGENDA ITEM COVER PAGE
File ID: #15814
Resolution
Sponsored by: Commissioner Damian Pardo
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. R-24-0089, ADOPTED ON MARCH 14, 2024, AND
REPLACING IN LIEU THEREOF, WITH A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION
DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT
TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS
($200,000.00) ("GRANT FUNDS") FOR THE REMOVAL OF DERELICT VESSELS
FROM THE CITY OF MIAMI'S ("CITY'S") JURISDICTIONAL WATERWAYS
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT
APPLICATION; FURTHER, IN THE EVENT OF THE AWARD, AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025
WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO
ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO
CENTS ($200,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE,
FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT
NUMBER 40 — B25TBD OR OTHER LEGALLY AVAILABLE FUNDING SOURCES
AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS,
RENEWALS, AND EXTENSIONS THERETO.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0134
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15814 Final Action Date:4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. R-24-0089, ADOPTED ON MARCH 14, 2024, AND
REPLACING IN LIEU THEREOF, WITH A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION
DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT
TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS
($200,000.00) ("GRANT FUNDS") FOR THE REMOVAL OF DERELICT VESSELS
FROM THE CITY OF MIAMI'S ("CITY'S") JURISDICTIONAL WATERWAYS
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT
APPLICATION; FURTHER, IN THE EVENT OF THE AWARD, AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025
WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO
ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS AND ZERO
CENTS ($200,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE,
FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT
NUMBER 40 — B25TBD OR OTHER LEGALLY AVAILABLE FUNDING SOURCES
AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS,
RENEWALS, AND EXTENSIONS THERETO.
WHEREAS, the City of Miami ("City") wishes to remove derelict vessels from the City's
jurisdictional waterways ("Project"); and
WHEREAS, grant funding is potentially available from the Florida Inland Navigation
District ("FIND") Waterways Assistance Program ("WAP") for the Project pursuant to FIND Rule
66B-2, Florida Administration Code ("F.A.C."); and
WHEREAS, on March 14, 2024,the City Commission adopted Resolution No. R-24-
0089, which authorized the City Manager to apply for a grant from the FIND WAP, seeking
reimbursement funding in an amount not to exceed One Hundred Thousand Dollars and Zero
Cents ($100,000.00); and
WHEREAS, subsequent to the adoption of Resolution No. R-24-0089, the City identified
further derelict vessels requiring removal, necessitating an amendment to its grant application;
and
WHEREAS, the total cost of this Project is estimated not to exceed an amount of Four
Hundred Thousand Dollars and Zero Cents ($400,000.00); and
WHEREAS, the City wishes to apply for reimbursement grant funding from the FIND
WAP in the amount not to exceed Two Hundred Thousand Dollars and Zero Cents
($200,000.00), or fifty percent (50%) of the total Project cost ("Grant Funds"); and
WHEREAS, in the event of the award of the Grant Funds, the City wishes to allocate the
required matching funds in an amount not to exceed Two Hundred Thousand Dollars and Zero
Cents ($200,000.00) ("City Match"), or fifty percent (50%) of the total Project cost, as defined in
FIND Rule 66B-2.008, F.A.C.; and
WHEREAS, in the event of the award, the appropriation of funds for both eligible and
non -reimbursable administrative costs shall be by separate, future Resolution from funds
available under capital project number 40 — B25TBD or other legally available funding sources;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to submit an application for the
reimbursement Grant Funds, in a form acceptable to the City Attorney, to the FIND WAP for an
amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) for the
Project.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, all in a form acceptable to the City Attorney, in connection with the
submission of the grant application.
Section 4. The City Manager is further authorized' to accept the Grant Funds in the
event of an award for Fiscal Year 2024 — 2025 without the need for further City Commission
approval and to negotiate and execute, all in forms acceptable to the City Attorney, grant or
deed agreements, amendments, modifications, renewals, or extensions in order to implement
this Resolution.
Section 5. The City certifies to FIND the following matters:
(1) The City accepts the terms and conditions set forth in FIND Rule 66B-2 F.A.C.,
which outlines the WAP and which will be a part of the Project Agreement for any
assistance under this proposal;
(2) The City is in complete accord with the proposal and agrees to carry out the
Project in the manner described in the proposal and any plan and specifications
attached thereto, unless prior approval for any change has been received from
FIND;
(3)
The City has the ability and intention to finance its share of the cost of the Project
and that the Project will be operated and maintained at the expense of the City
for public use;
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
(4) The City will not unlawfully discriminate against any person on basis of race,
color or national origin in the use of any property or facility acquired or developed
pursuant to this proposal, and shall comply with the terms and intent of the Title
VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all
facilities to comply fully with statutes relating to accessibility by handicapped
persons as well as other federal, state and local laws, rules and requirements;
(5)
The City agrees to maintain adequate financial records for the proposed Project
to substantiate claims for reimbursements; and
(6) The City will make available to FIND, if requested, a post -audit of expenses
incurred on the Project prior to, or in conjunction with, request for the final (10%)
of the funding agreed to by FIND.
Section 6. In the event of the award, the City Manager is authorized' to accept, allocate,
and appropriate the Grant Funds without the need for further City Commission approval and to
allocate the required City Match and other Project funds to be budgeted and appropriated by
separate, future Resolution at the time of need from capital project number 40 — B25TBD or
other legally available funding sources.
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
r
COMMISSIONERS
T. SPENCER CROWLEY, III
CHAIR
MIAMI-DADE COUNTY
FRANK GERNERT
VICE•CHAIR
BROWARD COUNTY
STEPHEN W. BOEHNING
TREASURER
INDIAN RIVER COUNTY
BUDDY DAVENPORT
SECRETARY
VOLUSIA COUNTY
J. CARL BLOW
ST. JOHNS COUNTY
FLORIDA INLAND NAVIGATION DISTRICT
From: Chris Kelley, Deputy Director
Subject: 2024 Waterways Assistance Program
Date: December 18, 2023
Attached is an application package for the District's 2024 Waterways Assistance
Program (WAP). The WAP application can also be downloaded from our
website: www.AICW.org Through FIND's Assistance Programs over the past
38 years, the District has provided a total of over $142 million in funding
assistance to local governments within our District to perform waterways
improvement projects.
Project types eligible for funding include public navigation, public waterway access
facilities, waterfront parks, environmental education and boating safety projects
directly related to the waterways. The District also provides grants for land
acquisition which include opportunities for waterway access. Generally, ineligible
costs include project maintenance, landscaping, in-house staff and reoccurring fees.
Please see the program rules for more details on project eligibility. The funding level
of this year's program will be determined in July based upon the availability of
funding to the District and the quality and number of applications received.
DONALLD 0 COUNTY
Applications are due in the District office by 4:30 PM, April 1, 2024. Your
MARTINVacant application must be discussed with your local FIND Commissioner prior to March
ST. LUCIE COUNTY 4, 2024. The application must be initialed by the FIND Commissioner prior to
CHARLES C. ISIMINGER submission to the District office on April 1, 2024. Please see the application
PALM BEACH COUNTY package for the complete program schedule and the name and address of your FIND
Vacant Commissioner.
DUVAL COUNTY
JERRY H. SANSOM
BREVARD COUNTY
RANDY STAPLEFORD
FLAGLER COUNTY
LYNN A. WILLIAMS
NASSAU COUNTY
MARK T. CROWLEY
EXECUTIVE DIRECTOR
JANET ZIMMERMAN
ASSISTANT EXECUTIVE
DIRECTOR
CHRIS KELLEY
DEPUTY DIRECTOR
Application Submission: An electronic copy (pdf) should be emailed to
CKelley@aicw.org. Please make sure that the file size of the application is 15MB or
less, or your email may be rejected due to mail server size limitations. Applications
must be received by the deadline, no exceptions. Only the requested information
should be submitted. It is VERY important that the application forms remain in the
same 8.5 x 11", paginated format, and the forms must be presented in the order
listed on the application checklist. Applications that do not follow the program
directions, rules, or the application format may be rejected.
Please review the application checklist and be sure you can provide all of the
required items. If you cannot provide ALL of the items on the application
checklist, please contact staff immediately for advice on the potential resolution of a
required item. Any application failing to include the required application items
(with the exception of environmental resource permits & exemptions) will be
eliminated from consideration on May 15, 2024. There is no waiver or exception
available for this deadline.
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
600 BEACH ROAD, UNIT C, JUPITER, FLORIDA 33469 TELEPHONE 561-627-3386
www.aicw.org
TABLE OF CONTENTS
FY 2024- 2025
WATERWAYS ASSISTANCE PROGRAM APPLICATION
Part 1.
ATTACHMENT A PROGRAM SCHEDULE
ATTACHMENT B COMMISSIONERS LISTING
ATTACHMENT C PROJECT PRIORITY LIST
ATTACHMENT D PROGRAM RULES
Part 2.
ATTACHMENT E PROGRAM APPLICATION/TIPS SHEET (1 PAGE)
E-1. APPLICATION CHECK LIST (2 PAGES)
E-2. APPLICANT INFORMATION/PROJECT SUMMARY
E-3. PROJECT INFORMATION
E-4. APPLICATION AND EVALUATION WORKSHEET (20 PAGES)
E-5. COST ESTIMATE FORM
E-6. PROJECT TIMELINE
E-7. RESOLUTION (2 PAGES)
E-8. ATTORNEYS CERTIFICATION OF TITLE
E-9. REQUIRED MAPS
County/City Map of project location
Site plan map
ATTACHMENT B
2024 FIND BOARD OF COMMISSIONERS
NASSAU COUNTY
Mr. Lynn Williams
1317 North Pike Lane
Fernandina Beach, FL 32034
Ph# (847) 4922-1598
Lynwil3@gmail.com
DUVAL COUNTY
VACANT
Contact Janet Zimmerman
Ph# (56.1) 627-3386
JZmmmerman@aicw.org
ST. JOHNS COUNTY
Mr. Carl Blow
100 Santa Monica Avenue
St. Augustine, FL 32080-5417
Ph# (904) 710-2655
JCBlo\vRaic\v. org
FLAGLER COUNTY
Mr. Randy Stapleford
77 Comanche Ct.
Palm Coast, FL 32137
Ph# (724) 766-0690
rstapleford@aicw.org
VOLUSIA COUNTY
Mr. Buddy Davenport
106 Grandview Dr
New Smyrna Beach, FL 32168
Ph# (386) 405-0681
bdavenport@aicw.org
BREVARD COUNTY
Mr. Jerry Sansom
P.O. Box 98
Cocoa, FL 32923-0098
Ph# (321) 777-8130
jerryhsansom@aol.com
INDIAN RIVER COUNTY
Mr. Stephen Boehning
1443 20th Street Suite F
Vero Beach, FL 32960
Ph# (772) 213-3408
sboehning@aicw.org
ST. LUCIE COUNTY
VACANT
Contact Janet Zimmerman
Ph# (561) 627-3386
JZimmerman@aicw.org
MARTIN COUNTY
Mr. Donald'. Cuozzo
Cuozzo Design Group
926 SE 5TH Street
Stuart, FL 34994
Ph # (772) 485-1600
dcuozzo@cdgplan.com
PALM BEACH COUNTY
l\'lr. Charles Isiminger
Isiminger & Stubbs Engineering, Inc.
649 U.S. Highway 1, Suite 9
North Palm Beach, FL 33408-4616
Ph# (561) 881-0003
cisiminger@,coastal-engineers.com
BROWARD COUNTY
Mr. Frank Gernert
1000 Avocado Isle
Fort Lauderdale, FL 33315
Ph # (954) 649-5200
FGernert@aic\v.org
MIAMI-DADE COUNTY
Mr. Spencer Crowley, III
c/o Akerman LLP
98 SE 7 Street, Suite 1100
Miami, FL 33131
Ph# (305) 374-5600
spencer. crowley@. akerman.com
CHAPTER 66B-2
WATERWAYS ASSISTANCE PROGRAM (2024)
66B-2.001 Purpose
66B-2.002 Forms
66B-2.003 Definitions
66B-2.004 Policy
66B-2.005 Funds Allocation
66B-2.006 Application Process
66B-2.0061 Emergency Applications
66B-2.008 Project Eligibility
66B-2.009 Project Administration
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-2.016 Waterways Cleanup Events
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.
Rulemaking 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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly I6T-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 RENOURISI-IlvIENT" means the placement of sand on a beach for the nourishment, renourishment or restoration
of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts
within the taxing boundaries of the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, 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.
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, 3-7-11, 3-25-21.
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, maritime management
plans, 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 management, beach renourishment, public recreation, inlet management,
environmental education, and boating safety projects directly related to the waterways.
(c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition
of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic
Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through
a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for
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, email and/or advertised public notice all eligible governmental 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.
(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
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. All approved multi -year
projects are limited to a maximum of two (2) additional funding requests.
(5) 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 management plans and the statewide beach management plan pursuant to
Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to
public navigation in the District. 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. Prior to funding any beach renourishment project, the Board shall make a
finding that the beaches to be nourished have been adversly 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.
(6) 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 be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to
two or more publicly accessible 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.
Navigation projects or project elements that have one facility open to the public will 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.
(7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre -agreement
expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of
publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7
years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately
upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the
required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in
perpetuity after completion of construction, the District shall require the applicant to refund the program funding.
(8) 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
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 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.
(8) 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.
(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate
them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways
Assistance Program 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 Form No. 91-25F Emergency Re -Construction (effective date 4-24-06,
1/2014).
(10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the
allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding
decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project
Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties.
Rulemaking 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, 3-7-11, 1-27-14.
66B-2.0061 Disaster Relief Applications.
Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide
assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities
damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2),
F.A.C. The District shall consider these applications in accordance with these rules.
Rulemaking Authority 37-1.976(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, 3-25-21.
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 commercial/industrial waterway access directly related to the waterways, acquisition and development of public
boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning,
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,
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,
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 third Monday in September. 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. Failure to timely submit the required environmental permits and authorizations or letters
stating such permits or authorizations are not required shall result in the application not being considered for funding.
(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. The public marina will be required to establish and maintain an accounting of the funds for the facility
and shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life.
(5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime
management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment
of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate
any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not
address the basic maritime needs of the community.
(a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the
original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for
input in the planning process.
(b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the
community, and shall include, at minimum, the following:
1. Public boat ramp and ramp parking inventory and analysis.
2. Public mooring and docking facility analysis, including day docks and transient slips.
3. Commercial and working waterfront identification and needs analysis.
4. The identification, location, condition and analysis of existing and potential navigation channels.
5. An inventory and assessment of accessible public shorelines.
6. Public Waterway transportation needs.
7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities.
8. Economic conditions affecting the boating community and boating facilities.
9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway.
(c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The
applicant should utilize the plan to assist in prioritizing waterway improvement projects.
(6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration,
enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation
credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental
restoration, enhancement or mitigation projects shall provide public access where possible.
(7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs.
(c) Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C.
(d) Photograph(s) of the completed project clearly showing the program improvements.
(9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the
final reimbursement payment which will include all retained funds from previous requests.
Rulemaking 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,
3-7-11, 1-27-14, 3-25-21.
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
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.
(6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another
source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor
shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement.
The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District.
Rulemaking 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, 3-7-11.
66B-2.012 Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted
accounting principles and for maintaining such financial records as necessary to properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection
66B-2.009(4), F.A.C.
(3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B-
2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds.
(4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by
the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project
sponsor.
F
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 $150,000 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. The applicant shall
include a map clearly delineating the location of all vessels included in the application.
(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.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14, 3-25-
21.
66B-2.016 Waterways Cleanup Events.
Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The
applicable provisions of this rule apply to these applications with the following additions or exceptions:
(1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter
detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event.
In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall
general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year.
(2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with
exception to the provisions of subsections (8) through (10), below.
(3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not -for -profit
corporation.
(4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8)
through (10), below.
(5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor
of the clean-up program.
(6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket
expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves,
advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or
beverages.
(7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program.
In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify
for up to additional $5,000 in clean up funds.
(8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding.
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