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HomeMy WebLinkAboutBack-Up from Law DeptATT/\CHNIENT D CHAPTER 6613-2 %%'ATER%%,A.YS ASSISTANCE PROGRAM (2018) 6613-2.001 Purpose 6613-2.002 Form.,; 66B-3.00 3 Definitions 6613-2.004 Poliev 6613-2.005 Funds AI location 6613-3,006 Application Process 6613-2.006 t Emergency Applications 6613-3.005 Project Eligibility 66B-3.009 Project Administration 6613-3.011 Reimbursement 6613-2.013 Accountability 6613-'.013 Acknowledgement 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Prt?jects 6613-2.015 Small -Scale Derelict Vessel Removal Projects 6613-3.016 1Vater%ways Cleanup Events 668-2.001 Purpose. Recognizing the importance and henetits ofinland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterwvays, the Florida LewiSlature created Section 374.070. F.S. This iaw authorizes and empowers each inland navigation district to undertake programs intended to alley kite the problems associated %%ith its wvaterwyays. The purpose ofthis rule is to set forth the District's policy and procedures for the i mplementation of an assistance program under Section 374.976, F.S., forlocal 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. 12rrlcurnkroe, .4rNlruritr3'4.976/2I FS. Lrt}+ InrpIcmanlcri_t'4.97h(l) FS. Hisieny—New /2-I'-91). Forriierlti• 16T-2.001. 668-2.002 Forms. All Forms for the administration of this program are available from the District office located at 1314 Marc'tnski Road, Jupiter. Florida 33-477. Rirletrrcika)t,,.4t(rho)rilr•374.976(2) F.S. Law lrulflenieweel 374.976(1) FS Histwit•-slew 12-17-90, Furnrerl!' 16T-2.002. 668-2,003 Definitions, The basic terms utilized in this rule are defined as follows: (I ) -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 RENOURISHNIENT" 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 AGENC"f" means member counties, local governments and navigation related districts within the taxing- boundaries of the District. (g) -ENVIRON MENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line era navigable waterway required and issued by or on behalf of the L.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 \avivsation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalfertile applicant or the project sponsor. { I I ) "LOCAL GOVERNMENTS" means municipalities, cities. or consolidated county governments. which are located within the memher counties. ATTACHMENT D (12) "NIARI -I INII: \IANAGEMENT PLAN- means a written plan containing a systematic arrangement of elements specifically rormulated to identify. evaluate and promote the benefits or eligible waterway accessibility and enjoyment. with consideration and respect to the phwsical, environmental and economic parameters of the planning area. (I •) "fMATC'HI NG FUNDS" means those funds provided by the local sponsor to the project. (14) "NlE1,1BER COUNTY"' means a county located witfnin the taxing boundaries of the District which includes Nassau. Dual. St. Johns. Fla }Ier, Volltsia, Brevard, Indian Ri\er, St. Lucie, Martin. Palm Beach. Broward and Miami -Dade Counties. (15) "\AVIGATION RELATED DIS`T'RICTS" means port authorities, inlet districts or any other agency having legally authorized na\ ig;ition related duties in w'aterws'ays of the District, (IG) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior• to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland \avieation District Waterways .Assistance Program. (18) "PROGRAM FUNDS" means financial assistance a%tarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means art executed contract between the District and a project sponsor setting forth mutual obliL,ations regarding an appro\ cd project. (21) "PROJECT MAINTENANCE" means any usual action• activity. expense" replacement, adjustment or repair taken to retain a project or tyrant item in a serviceable. operational or normal condition. or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its ori+sinal or designed capacity and efficiency for its intended purpose. (22) " PROJ LCT NI ANAGER•' means the District employee who is responsible for monitoring Elie performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and char"ed to the funded project. (24) ,PROJECT SPONSOR" means an eligible governmental agency receiving program hinds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a govenimental 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. (26) "PUBLIC' MARINA" means a harhor complex used primarily for recreational boat mooring or storage, the services orwhich are open to the general public on a first come, first served basis without any qualif-yin- requirements such as chit membership. stock ownership, or differential in price. (27) —PUBLICLY 0W\ED CONINIERCIAL OR INDUSTRIAL WATERWAY AC"CESS" means any publicly owned area specitically desi4,ned to be used for staging, launcliirng, oi• ofd-loadin`, 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 sen e the infrastructure need, of the District's waterwav users. (24) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions or the Dania C'ut-Orf Cana] 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• hays or lagoons entering or extending from said waterways. (30) —WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner. develops ail awareness of the natural and manmade environment: of waterway's; develops knowledge about howthe em ironnient of the waterways works; acquires knowledge about the technolo'ical, social, cultural, politica]" and economic I'elatl011tihillti oCCUI'I'in�, in xvatervvay related environmental issues; and, becomes motivated un apply action strategies to maintain balance between quality or I i fe and quality of the environment of waterw,iy s. Rulemaking .4whoi-r(r 373,976(2) FS. Lair htapleine welt 37.1.4'6(!) FS. Nrsron—,1eiv /247-90, .-finended 9-2-92, ?-6-97, Formerh• 16T-2.tY>_i. .4metacler15-17-98, 3-21-01, 3-20-03, 3-3-04. 4-71-05, 4-24-06, 4-15-07. 3-75-318, 3-7-11. rtirr:M ILION801 66B-2.004 Policy. The COI[ON%in" con;tittt(e, the 1101icy of (lie District re -111 -di MI the ad pini tration of the program: (I) Financial Assistance Eligibility: Financial assistance, support and cooperation may he provided to eligible governmental agencies for approted projects as follo%%s: (a) Member counties may be provided financial assistance. Support or cooperation in planning. acquisition, development. construction. reconstruction. extension. irrrproyenient, operation or the maintenance of public na%igation. local and regional anchorage management. beach renourialiment, public recreation, inlet mana�trernent, environmental education. maritime man'loement plana alld hooting Safety projects directly related to the vtaterways. (h) Eligible local governments may also he provided financial assistance, support and cooperation in planning and carrying out Public navigation. local and regional anchorage management, beach renourishment, puhlie recreation. inlet management. environmental education, and boating safety projects directly related to the waterways. (c) Navi+,ation related districts may be provided vtith 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 Ion' ranee maintenance of the Atlantic Intracoastal Water%%ay channel. All such sites must meet the development and operational criteria established by the District thraugh 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 waterwav improvement related activilics. and inlet management projects ifthe Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least etlual 111a1ehing funds to anv District financial assistance pro%Med. Seaports tnav also be furnished assistance and support in planning and carryings out environmental mitiption projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eli�,ible projects shall include the acquisition and development of public boat ramps and launchinw, facilities. including those in man-made, navigable waterways eonti�,vous to "waterways" as defined in Rule 6613-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and,nr advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (1) 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 thegeneral public ofall of the member counties as a condition to use the facilities. User or entrance fees may be charged liar 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 oral] 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 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 327.86( 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 ofthe project Cor the anticipated life of the I11-0ject and shall he responsible for all expenses required far such purposeS. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance +vith applicable health standards- Prtziect facilities and improvements shall he kept reasonably sate anti 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 envirorunental 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 numherof facilities within an area that will adetluately serve the education needs of that area of the District. (8) Publie Inrormation Availability: Public information produced with assistance florn 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 pane shall leave sufficient oversight by the eligible ATTACHMENT D 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 oversiolit of the operating, hours and admission tees of the taci Iit% b% the eligible protect spoil sor through a legal agreement. All third Marty projects shall be open to the public in aCCordance with this rule. (10) Nine -compliance: The District shall terminate a project a.greement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or (Ilk rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure ofa 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 ofthe District. ( l l ) Fees. Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-,oina maintenance ofthe facility during its project life. Accountings records of the previous fire years oFthe public project's enterprise fund will be submitted as part orally subsequent assistance program application to the District. Ralcmakhig.-lwhorii.r 37,4.97612) FS. Lair hnplenwnleti 3;7.1 9'601, (2) FS. His7«1r—VCl1, 11-1.74x), I+nriul<<1 1-3-9.1. 2-6-97, Forw rlr l6T-2.1104. Amended 5-18-9$. 3-31-99, 5-23-01), 3-21-01, 7-30-02, 3-3-04. 4-21-0i. 4-1-09. '-"-10. 3-'-11. 3-7-!_'. ! -14. 6613-2,005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall +coals• management policies, fiscal responsibilities and operational needs for the ullconling year. Funding allocations to navi<gation related districts, member counties and local governiients shall be based upon the proportional share of the District's ad valorem [ax collections from each countv._d l' funds are determined to he available For the program, the District will notify potential eligible governmental agencies. of the availability of pro+jram banding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and E%aluation Worksheet (effective 1 2014), hereb} incorporated by relere-nwe and available from the District office or by download from the District's wehpa�,e at: www.aicw,or_=_ ( l ) Funding[ Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs• financial assistance to eligible government agencies shall not exceed an amount equal to eighty (30) percent ofthe proportional share ofthe District's ad valorem tape collections from each county in which such agencies are located. The District may make an exception to this funding limitation, •tF funds are determined to be available based upon the District's overall goals, managgement policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state ofeneergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum. equal [Hatching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6). F.A.C.- land acquisition projects in accordance with subsection 6613-2.005(7) and Rule 668-2.003, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 6613-2.014, F.A.C. derelict vessel projects consistent with Rule fi6B-2.0015, and Waterway Cleanup Projects aliprovesl under 66B-2,0016. Applicanl's in-house costs are limited pursuant to paragraph 66B-2.003(l)(c), F.A.C. All financial assistance to seaports shall require equal matching hands. The District shall Contribute no more than fitly percent (50%) ofthe local share of the cost of in inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet neanagernent or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre- a<n eement expenses will be given for the commencement of work prior to the execution ol'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-aYareeneent costs are approved by the Board. Pre -agreement expenses will be approved irthey are consistent with the provisions of Rule 6613-2.003, F.A.C., and occur within the fiscal year ol'the grant application suhmission (October 1st to September 20th). Pre -agreement expenses, except for projects approved by the Board as multi- year projects, a ill he limited to tidy (50) percent of the project's total cost and if the expenses are eligible project expenses Ili accordance with this rule. Only one-half (I'2) or less of the approved pre -agreement expenses will he eligible for reimbursement binding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver ofthe limitation oil pre a;reernent expenses for Sm -,ill -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 6613-2. F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple pleases. have a construction time ATTACHMENT D line of one year or longer, or are requesting a significant amount of assistance t'undin, in relation to the total assistance mailable for Cite county where the project is located, will he reviewed and approted by the District Board ror a multiple year period subject to budgeting and allocation pursuant to the provisions orC'hapter 300, F.S. Tile determination h% the 130ard 10 pros ide assistance finding on a multi-year basis can he mane 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) hhlet "danagement and Beach Renourishment: Projects and project elements in the categories orinlet management and beach renourishment shall he subject to the followings provisions. The District shall contribute no more than fifty percent ol'the local share or the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet manaveznent or beach renourishment project, Funding for the construction phase oran inlet management or beach renourishment projcct may he approved by the District Board ror a multiple year period subject to budgeting and allocation pursuant to the provisions or Chapter 200, F.S. Additionally the following provisions shall be mel 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 managetnent plan pursuant to Section 161.161, F.S. ]islet management projects that are determined to he consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects u} this category shall be consistent with the statewide lheach management plait. Beach renourishment projects slhall only include those beaches that have been adversely impacted by navigation inlets, na\ igauon structures. navi,ation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this prograrn 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 he available in accordance with Chapter 161, F.S. (6) Public NariCtyation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (754) program funds must be within the Intracoastal Right-ol' Way (ROW). or provide public navigation channel access to two or more publicly accessible launching, mooring or clocking facilities. In addition, the following sltall apply: (a) Navigation channel dredging: Tile project sponsor must demonstrate that the source or channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount or 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 identifj in and correctin- the cause of shoaling, or that the cost of identifying the source orchannel sedimentation exceeds the cost orthe 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 ptrlhlic will qualify for up to fifty percent (50°i,) program tunlin(Y. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will he prioritized according to the associated use, (7) Land Acquisition: Land acquisition projects that provide for commercial industrial waterway access shall qualify for a maximum of fifty (50) percent funding. All other land acquisition projects shall qualify for a maximum of twenty-five (35) percent program fundine. All pre -agreement expenses for land acquisition must be completed within one-year of the elate of application for funding. 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. ]rnmecliately upon acquiring title to the land. the applicant shall record a declaration or covenants in favor of the District statin, that if the required boating access f toility is not const'ucted within 7 years and dedicated For the public use as a boating access facility for a minimum period of 35 years after completion orconstruction, tike District shall require the applicant to refund the program fundus"'. (4) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set foilh in subsection 66B-2.005( I). F.A.C., frorn the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad %alorem tax collections as set forth to subsection 66B -3.00.5(l ), F.A,C., from the counties where the benefit is demonstrated less (ii) fundiIW allocated in the same fiscal year to all other local government projects funded in those counties, Idrrlctrrrrkirt .3rr11x�r'ilr 374.976(2) FS. Lrnr Implemented 374.976(1), 13) FS. Hi.slurr—Neii12-17-90, .-fineiided 6-24-93, 9-5-96. 2-6-97, Fanner-& 16T-2.005, .dmenderl 5-17-9b', 8-26--99, 3-11-01, 7-30-02, 3-3-04, 4-31-0, 4-24-136, 4-15-u7, 3 -?5-08. 4-1-09, 3-7-11. 3-7-12, 4.131 -13, 1-27-14. - ATTACHMENT D 6613-2.006 Application Process. ( I ) Application Period: With the exception ofeliv�ible Disaster Relief Projects. eligihIe S1naII-Scale Spoil Island Restoration and Enhancement Project, eIigihIe Small -Scale Derelict Vessel Applications and"ateruay Cleanup E%eats, all applications ror assistance through this program will he Sulhmitted during the authorized Submission period that shall he estahlislled by rote of the Board at a scheduled mcetimy (2) Application Forms: Florida Inland Navigation District Watercay, ,Assistance Prouram Projecl Application FIND Form Number90-2' (effective date -4-24-06) and the Waterway assistance Prol1r.im kppli.aticm :tnd E\aluation Worksheet No. 91-25 and 9d-25 (A) through (F) (efiectite bate 1,2014) are hereby incorporated by reference anti a\ailable from the District office, With the exception of project, eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and cligible Waterway Cleanup Events, all applications fol• financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterwav Assistance Prouram Project .application and Evaluation Worksheet No. 01-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted oil 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 front the District oflice. In addition, all applicantS Shall Suhnzit a Complete and detailed Project Timeline IFIND FORM No, 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21. Resolution fir Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 141-14-Q), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: Ifthe application is for a project that is a land based development project tite applicant shall submit an Attorney's Certification of Title, FIND Forth Number 94-26 (etlectile date 5-25-00). hereby incorporated by reference and available from the District office, (5) Maps and Geographic information: All applicants shall be required to Submit, at mirtimum, the Following geographic information: A County location map. a project location map, a project boundary map, and a clear and detailed site development map for land development projects, (6) Application Re%iew:Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is theapplicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence ore.xtenuating circumstances outside of the applicant's controi as determined by the Board of Commissioners, alt application shall not be considered eorrtl11Cte if it doe, not include the local FIND commissioner's initials oil Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist. FIND Form Number 90-26 (effective date 7-30-02I, 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. Ir the applicant fails to provide a complete application in compliance Stith 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 6611-2.006. F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forints and other submitted information must be completely filled oto, executed as applicable. and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines va ill directly benefit the maintenance ofthe .Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans. will directly benefit the maintenance of the Okeechobee Watcrrvay channel as documented by tile District's long range dredged material management plan, will directly benefit the maintenance or• improvement of District property, right -of -%gay or navigation interests, or have multiple funding partners including the Corps of En.-ineers as the project manager can quaiif� tier project assistance through an interlocal agreement pursuant to Chapter 103, F.S., or Section 37=4,904(6)(a), F,S. District staff \gill identify these applications and present them to the Board for their determination as to funding. Interlocal arareement projects shall comply Lith all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (R) Application Presentations: Applications determined to he 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 neetin,gof the Board. Applicants can decline to make a presentation to the Board by submitting a written request. ATTACHMENT D (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications an([ evaluate them will.- the Waterways Assistance Program Application and B-aluation Worksheets No. 91-75 (a thru t) fix Waterways Assistance Program applications. The total points awarded to each .application by the Commissioners will he averaged to determine an application's final rating* score. The final rating score for each application must equal or exceed 35 point, Por the application to he considered for funding assistance. Reconsideration of any application with a Final rating score of leas 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 Coinniissioners rote for reconsideration of the application. Only Applicant, that are eligible under Rule 6613-2.0061. F.A.C., "Disaster Relief Applications", ;hall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06). (10) Fundim17 Determination: The Board will Itold a funding allocation meeting at which time the Board will determine the allocation of funds. ifany, to each project and the projects will be ranked by overall av era.ge score to facilitate Final Funding decisions by the Board. Allocations will be based in part upon the cumulative score orthe applications as calculated from the Project Evaluation and Rating Form. Allocations vvill also he based upon the specific needs ofthe individual Counties. Rtilernukiai, .ftr!ltority� 37.1.176(2) F,4_ Law huplemewed 374.9760) FS. Hislop -i—Xo 1'-17-90.. molded 9-7-92, 6-2.1-93, 4-12-93, Fovni rl.v 16T 2.W)h, A ORIOd'-_'J-0U, 3-21-01, 7-30-02, 3-20-03° 4 11-0?, 4-34-06, 4-13-07, 3 -'i -FIS, 3-'-l. 1-27-14. 668-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at anv time during* the year to provide assistance to an eligible applicant for the removal ornat ivation obstructions and repair or replacement of tvaterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Rulentukitt,r; Autlruritr 374.97'(2) FS- Law iniplememed 374.4760) FS Hislaa-k•-N'et 6- 4-93, Anrurded?-6-9', Fw7nei lt• 16T-2.0061, .- nlended d- '4-06. 6613-2.008 Project Eligibility. (l) 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 ramp,° launching facilities and boat docking and mooring facilities, role[ mana-ernent° 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 project, for public use on land and water. These project tvhes will he arranved into a priority list each year by vote of the Board. The priority list will he 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 benefitin4T (lie District's vvaterw'ay 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 ol'public boat ramp, and launching facilities; S, Acquisition. dredgin."". shoreline stabilization and development of public boat docking and mooring facilities: 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities: 11. Public fishingand viCWinV piers; 12. Public waterfront parks and boardwalks and aSSociated 'improvements: 13. Maritime Management Planning: 14. Waterways boating safety programs and equipment. 15. Beach renourishment on beaches adversely impacted by navigation inlets. navigation structures. navigation dredging, ora navigation project; and 16. Environmental restoration, enhancement or mitigation projects, and 17. Other vvatervvav related projects._Waterway projects that do not meet specific criteria in Section 6613-2.005(5) or (6) or 668- ATTACHMENT D 2.008 (1)(a)1-16. but are located on eli+gible waterways shall be considered for liirnlin, under the priority li%tinge of -other %kaier%k 1% related project" and eli,iblc ror'_5° , ti ndilW (b) Ineligible Projects or Project Clements. Project costs ineligible for program funding or matching funds still include: continvencies. miscellaneous, reoccurring personnel related costs. irrigation equipment. hall-COurts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: I. Landscaping that does not protide shoreline stabilization or aquatic habitat; 2. Restrooms for non -waterway utters; 3. Roadways providing access to non -waterway users; 4. Parkin�u, areas for non -waterway users: 5. Utilities for non -waterway related facilities, G. Lighting for non -waterway related facilities: 7. Project maintenance and maintenance equipment: 4. Picnic shelters and furnitu:-e for non -waterway related facilities; 9. Vehicles to transport vessels: 10. Operational iterns such as fuel, oil, etc. 11. Office space that is nor incidental and necessary to the operation of the main eligible public building.- 12. uilding:12. Conceptual project planning, including: public surveys, opinion polls. public meeting=s, and organizational conferences; and 13. Inlet maintance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board Oran itemized expense list: 1. The fol lowing project costs will be eligible for program funding oras matching fwulin7 ifthey are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved Project: d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in Suhparagraph 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 fire -fighting vessels, Marine law enforcement and other vessels are eligible lar a Maximum of$60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will he the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those proiect elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible evalervvay projects may be submitted as a phased project where Phase I will include the design. engineerin�(y and permitting elements and Phase I I will include the consu•uction of the project. A description and cost estimate of tile Phase 11 work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of new proposed land-based development project, with the exception of those projects requeSting Small -Scale Spoil Island Restoration and Enhancement fundingshall be dedicated tar the itubIic use for which the proicct was intended for a minimum period of 25 years after project completion. Such dedication shall he in the form ora deed. lease, management agreement or other legal ly binding document and shall he recorded in the public property records of the count} in n hich 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 23 years with at least 10 years remaining oil 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 proiect is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1910, or (b) The project sponsor demonstrates that it has had exclusive control over the property 101. the public use for which the project is intended for a period of at least 30 years prior to suhmission of the application, or (c) There is tic) ongoing, litigation challenging the designated use of the property as shown on the plat or map. nor has there been ATTACHMENT D any judicial determination contrary to the use by the public for [lie use shown on the plat or n1ap. (3) Permits: The project sponsor is responsible for obtaining and abiding bt alrav and all Iederal, state and Racal permits. lau:- proprietary authorizatielns Incl regulations in the development and operation or the project. Applicants For corlst'uction projects that include elements that require state or rederal environmental hermits or proprietary authorizations gill demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. ThiS demonstration will he by submission of the required environmental Permit(s) and authorizations. or by submission of a letter from the agencv(s) stating that a permit or authorization is not required. Should the environmental permitting element of an application that Ila; construction elements requiring state or federal entirorlmental permits or authorizations not he completed by the District's final TRI1,d hearing, the construction portion of the project will not be considered for funding, Whereby fttnding decisions are completed at the final TRIM hearing. the District till not deviate from the Fundina schedule to accorllrmoula€e any application dtficierrey. (4) Public Marina Qualifications: All public marina projects funded through this pr-olrrarn ;hall include sewage pumPout farilitie: for vessels, unless the applicant can demonstrate that inclusion or such a facility is physically, operationally or economically impracticable. All public marina projects Funded through this program shall have at least ten percent ( 10',,) oftheir slips or mooring areas available for transient vessels. Public marina docka!*e rates shall be %+ithin market comparison oftbe dockage rates orotber area marinas. The public marina will be required to establish and maintain an accounting of the firm. 101' the lacility and shall plan for and retain at all tinles 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 3114 enjoyment of eligible waterways. while identifving and prioritizing the %vatcrwav 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) Existin- plans tnay be updated at reasonable intervals or amended to include waterway arcus previously not included in rile original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included Ior 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 orthe community, and shall include, at minimum, the following: I. 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. -i. The identification, location, condition and analysis of existing and potential rtatigation chatlnels• �. An inventory and assessment ofaccessdhle public shorelines, 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting.. a current resource inventory survey, and restoration opportunities. S. Economic conditions affecting the heating 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 manaaernent 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 or other types of projects shall he required to pursue and assign any available -mitigation credits to the District for that share of the project funded through the District's Assistance Prograrn. All eligible environmental restoration, enhancement or mitigation projects shall protide public access %v here possible. (7) Final Decisions: The Board will make all final decisions on the eligibility ora Project or specific project costs. Rislemakm=#rlro6t.i74.97(J FUm, e.3-4 ()-0(1)-31 FS Hicevv—.\Ld17-I1f1, ?h' ? -f -y{. 4-12-95. 9- y '' .rir�rl�y-S 5-96, 7-h-97, Fvra+rw-lr 1hT-'.r)1 8, .41ncirde(15-17-93, .3-31-9Ki• 5 -l; -OU, 3-21-01, 7-3t-rr2, 3-'o-or3. 3-3-04, 4-15-0", 3-25-08. 4 -1 -rig. 1-2-10, 3-7- 11, 3-7-1'. 1-27-14.3-17-15, - - 6613-2.009 Project Administration. The District w ill appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project mana.,er shall also be responsible for approving all reimbursement requests. Tile project sponsor shall appoint a liaison agent, who ATTACHMENT D wiII be a memher of the e Ii=-ihIe appIicalit's staff. to act on its bellal f in carrying out the terw� of tlic project .z reernent. AdIll ill i;tration ofthe project %4ill he as follow,: (1) Project ,\urecmenL: For each Funded project. the District and the project Sponsor will enter- into a project agreement. The project as-Teement shall be executed and retunted by the project sponsor within six (6) months of [lie approval of the project funding and prior to the release or program funds, setting Forth the mutual obligations of the parties concerning the project. The project agreertient shall incorporate the applicable policies and procedures of the program as Outlined in this rule. Project atWreements will he for a two-year period with the possibility For one, one-year extension. Any realuest For a One-year extensiOn of fiuldin=ll Shall require Submittal by the PROD ECT SPONSOR ora request for extension to the DISTRICT no later than July of fiscal ,year two orthe approved ps•oject. Phis request will then be considered by the DISTRICT Board, \�huse deciSiOil S1311 he III L In revie�N or these requests, the Board will take into consideration the current Status and progs•ess oftlie project and the ability or the applicant to complete the project wilhin one additional year. (2) Matching Fund S: The project sponsor shall clearly identify and enumerate the amount and Source of the matching funds it will be using to match the program funclS supplied by tate District for an approved project. The project sponsor shall provide Suitable evidence that it has the matching flrrlds available at the rime the project agreement is executed (3) Agreement Modification: All proposed changes to the project agreement muSt be submitted to the District in "riting by the project sponsor accompanied by a statement ot'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 \vith the local District commissioner's concurrence. A minor project amendment shall not change the appruved project's category, result in a reallocation of more than 35 of the approved funding of the project among project elements. nor allow for a greater than 35",. change in the project Scale or Scope of work. Project agreement amendments will not include a chain=e to the approved project's location or a change in the approved project's purpoSe OF project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and Shall be in compliance with these rules. (4) Project Reporting: The liaison agent \4 ill Submit quarterly reports to the project manager summarizing the wort: 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 or the project. The report shall he submitted on Form 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorpOl-ated by reverence and mailable at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project Summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic re'sntbursemem requests during the project period in accordance `vith Rule 66B -?.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment Of program rundS will be made upon certified completion of the project by the District, (G) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project vvas 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. (S) Project COmpletiOn Requirements: Upon completion ot'the project, the liaison agent shalt provide the following to the project manager: (a) A Project Completion Certificate. FIND Form No. 90-13 (erfective date 7-30-03). hereby incorporated by reference and available from the District ovfice, which cerci ties 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 \ouchers. (c) Photograph( - s) SIJOwing the installation of the sign required by Rule 6613-2.013. 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 fi•otxt previOUS requests, Hrrlenrakirrg.4rrlhnr-iit,.t74.976(2) FS. Lmv lrrplemerrle(13'4.976(l) FS. Hisroiy-.Vert 1'4'-90, Forrner•h• !AT 2.0tr)..4mefidL?d 3-21-0I.3- 7-11. 1-y7-14 ATTACHiviENT D 66113-2.011 Reimbursement. The District shall release program fund, in accordance with the terms and condition, set forth in the project agreement. This release of program bids shall be on a reimbursement only basis. The District shall reimburse the project spon,or for project costs expended on the project in accordance %%ith the project agreement. Project funds to be reimbursed Nil I require the submission of a Reimbursement Request Form and required supporting doctunents, FIND Form No, 90-14 (effective date 7-30-02) hereby incorporated by reference and available C-om the District office. (l ) Authorized Expenditures: Project funds shall not be spent except as consisrem with the project agreement cost estimate that was approved by the Board. %which shall be an attachment to the project aggreemenl. This cost e.stiinate will establish the maximum finding assistance provided by the District and the percentage of funding 131'0%WCd by each party to the project. The District %% ill 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 l application until a construction conu-act is executed by the applicant for the construction phase of the project. If the Phase I project i, completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allo%v one (1) year from the Phase I prajecl 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 summar'izcd 0n [he Reimhurs'emem Request Form. All requests for reimbursement shall include supporting doctnnentation such a, billing statements for %%ork performed and cancelled payment touchers 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 ofthis agreement. (S) Check Presentations; A District representative shall present the final r-eimhursernent 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 tlae project sponsor receives additional funding_ for the project costs from another source that %vas not identified in the ori final 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 a=reement, The project sponsor shall promptly notify the District of any project payments it reccives from a source other than the District. Rulemrakhl,-.4wlioritt•374197h(?) FS. LawImplernerrled 3,14.976lll FS. Hisiory-.Veiv 12-17-90..4111orded 6-24-93, Formerly Ihi-3,f1I1, 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 i, responsible for maintaining an accounting system which meets generally accepted accounting principle, and for maintaining such financial records as necessary to properly account for all program fund,. (2) Quarterly Reports: --lie project sponsor shall submit quarterly project status report, to FIND in accordance %with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required linal Completion CUtilicalion documents and materials as outlined in subsection 66B - 2.009(S), F.A.C.. of this rule shall be submitted to the District prior to Final reinIbur-sement of program funds. (4) Auditing: All project record, including project costs shall be availahle for re%ie%% by the District or by an auditor selected by the District for ; years after completion of the project. Any such audit expenses incurred ,hall be borne entirely by the project sponsor. (5) Project Record,: 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 ofthe three year period, the project sponsor shall retain all records until the final resolution 0f such matters. (0) Repavmenc if it is founts by any State. County, FIND, or independent audit that program fund, ha%e not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program fund; to the District. Ruleaurkirrg .4whoiM— 374.97612) FS Law /n i)1e rremed 374.97617J FS. Hisrorr-Vest13-i'-911, Furrier tr 16T-2.11/2. . mertrlerl 7-311-02. ATTACHMENT D 66B-2.013 Acknovvledgentent, 'Che project sponsor Shall erect a permanent sign, approved by the District, at the entraitte to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event than the project sponsor erects a temporary construction sign, this si-n shall also recognize the District's participation. If the final product of the project is a report, surly or other publication, the District's sponsorship of that publication shall he prominently Indicated at the hcginn n,; of the publication. 1 F 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. IinJenrakirt .drNhnri{r.+'l.y7h(_'1 FS. Luis Inrplerrrelferl.17.1.9'60) FS. Hi.voi-I- 'eir !?-J'-yr1, FojvierlY ihT-_'.fila, Amemlet12-22-10. 668-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall he accepted for the restoration or enhancement of spoil islands and natural islands a ithin the District's vvatery%acs for recreational, navivational, educational, and en\iroiunental purposes. The applicable provisions ofthis rule apply to these applications With the follow ill,, additions or exceptions: (l) Application Procedure - A Request for Proposals procedure will he used to request proposals for consideration. Proposals shall follow the format ticscrilled in FIND Document 403-02, Call for Proposals - Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office, Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (00°o) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 6613-2.0 14(41(h). F.A.C. (3) Eligibiht\ : All proposals must meet the following eligibility criteria to be considered for binding: (a) Management Plan Compliance: Projects shall he in compliance with the provisions ot'any Spoil Island "Annigement Plans or other management plans that govern the Project site. (h) Property Control: Tile Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a ininimunt of hve years. Stich property rights can be in the t'onn ora lease, interlocal ag=reement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location ofall proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 6613-2.005. F.A.C., subject to the exception; identified in this rule, and with the following additions: (a) The District shall fund a maxinium ol'up to 57,500 per project, not to exceed 522,500 per County. per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not he 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 he allocated for specific Project expenses such as construction materials, plant materials, herbicide;. etc. The funding provided by the District shall not he allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sivgn a hold harmless waiver Form No. 02- 01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office, Rtrlentcrl irig.lulhorilr ±7.1. V76(2) FS. Lint, Inipl(uiew d 374.I76(l) FS Nr.slori•-New 7-30-02, Irnemlcd 4-24-06, 3-7-11. 668-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall he accepted for financial assistance for the removal of derelict 4es els within the District's watervvays. The applicable provisions of this rule apply to these applications with the following additions or exception;: ( I ) Application Procedure - Applications shall he submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effect i ve 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 he ;uhmitted 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 he removed and have a current bid for removal for such vessels, or have compieted the rernoval of such vessels within the 6 months preeedinl_l tile application. subject to eligibility under these program rules. (3) The program must he sponsored by an eligible government agency oi- not-for-profit organization. ATTACHMENT D (-l) District runding shall he Iimited to $30,000.00 per county, per year, prop ided on a reimbursement basis only. The limitation on pre-a��reenient expenses may be waived by the Board in accordance �%itll subsection 66(3 -?.00 (3), F.A.C. (S) The elif-dile applicant must provide the remaining matching funds for project completion. ht no case shall the District's cost - share contribution exceed 7t+11,. of the total project costs. In-house project management or administration costs are not eliv-ible costs or matchin_a costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613-2.003, F.A.C- The applicant shall include a map clearly delineatimg the location oral I vessels include(I in the application (7) The District shall he recognized when possible in all written, audio or video advertising and promotions as a participaiimg sponsor of the program. (S) The runding provided by the District shall only be allocated for removal orderelict vessels. The District is providing, pro -r,1111 reimbursement runds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall he responsible for all maintenance, managernent, disposal and operating expenses associated with the program. (10) Funds derived Brom the sale of any derelict vessels or vessel parts removed through this grant provram must be reinvested into the applicant's derelict (essel removal program. (1 1) The District Board shall make all final decisions Concerning the provision orfunsling ror this pr0111-anl. liulenurkira} .-lrrthori1r• 3?4.976(2) FS. Law Implemented .374.976(1) FS. Histmy— %'L^is, 4-24-06. AMOWI'd 4-15-117, 3-' -r1tY, -11. 1-2'-14 6613-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal ofrefuse within the District's waterways. The applicable provisions of this rale apply to these applications with the following additions or exceptions: ( l ) 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 or 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 (Yeneral budget orthe event, Proposals may he 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 ofsubsections (Q) through (10), below. (;} 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 (S) thtrough ( 10), below. (5) The District shall he recognized in all written, on-line, audio or video advertising an([ 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 ror out of pocket expenditures related to specific cleanup program expenses such as trash baggs, trash collection. haul and landfill reel. gloves, advertisinn. T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties. meetings, rood or heveraues. (7) The District Board shall make all final decisions conceminYtr the provision of funding fur a clean-up program. In addition to the requirements stated above, a cleanup program implementing all of the follo%%ing additional incentives will qualify for tip to additional 55,000 in clean up funds. (3) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris. with the goal to show definitive progress in the amount ofrefuse collected, a reduction in the overall debris in the watervav, or an increase in the numberof additional -Nater�%ay areas included in the clean up. (10) For each additional 51,000 in 'Navigation District runding, the applicant shall coordinate a minimum of' one %Uteruav collection point or cleaiz up area, or an applicant can conduct an additional waterway cleanup program ror the waterway areas, Rulem akin,; Arethorirr 374.976(2) FS Lyre• Miplemenli,d 3';I.976f11 FS. Hlsimi—Neit 3---1l_