2006-095 FIND Waterways Assist. Grant Agreement Lakeside ParkRESOLUTION 2006-95
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE GRANT AGREEMENT ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES FOR IMPROVEMENTS AT LAKESIDE PARK, NORTH
PALM BEACH; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE GRANT AGREEMENT ON BEHALF OF THE VILLAGE OF NORTH PALM
BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the Florida Inland Navigation District Grant Agreement attached as composite Exhibit
"A", which agreements provide for improvements at Lakeside Park, North Palm Beach.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Florida Inland Navigation District Grant Agreement set forth in Exhibit "A" for and on behalf of
the Village ofNorth Palm Beach.
Section 3. The Village Council hereby appropriates the required $70,000 matching funds
from Account A0000-27100 Unreserved/LTndesignated Fund Balance.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2006.
Village Sealj
Ma
ATTEST:
C~ iG~/~~
Village Clerk
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. PB-NPB-06-119
This PROJECT AGREEMENT made and entered into this ~ ~~ day of
20¢~ by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the Village of North Palm Beach, (hereinafter the "PROJECT
SPONSOR").
In consideration of the mutual promises and covenants contained herein, the parties agree
as follows:
1. PROJECT -Subject to the provisions of this Agreement and Rule 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Lakeside Park. Said project is more specifically described in the PROJECT
SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior written
approval of the DISTRICT.
2. TERM -The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board
and shall complete the PROJECT and submit all required payment reimbursement
information on or before September 1, 2008, unless the PROJECT period has been extended
with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT
period extend beyond three (3) years from October I, 2006. The PROJECT SPONSOR
acknowledges there are no provisions to carry over the DISTRICT assistance funding under this
Agreement beyond September 30, 2009, and that any extension of funding beyond this date shall
be at the sole discretion of the DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT
no later than July 1, 2008. This request will then be considered by the DISTRICT Board, whose
decision Shall be final.
3. ASSISTANCE AMOUNT -The DISTRICT shall contribute no more than fifty
percent !50%~ of the PROJECT SPONSOR'S out-of-pocket costs for completion of this
PROJECT ("PROJECT AMOUNT"). Payment of funds by tl~ie DISTRICT to the PROJECT
SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only
for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of
Paragraph 5 below and shall not, in any event, exceed $150,000.00.
4. MATCHING FUNDS -The PROJECT SPONSOR warrants and represents that
it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the
ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the
execution of this Agreement, have provided the DISTRICT with suitable evidence of the
availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon
request, providing the DISTRICT wide access to applicable books and records, financial
statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient
accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are
generally described in Exhibit B. PROJECT COSTS must be incurred and work performed
within the PROJECT period, ~~~ith the exception of pre-agreement costs, if any specifically
identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT.
6. PRE-AGREEMENT COSTS -The DISTRICT and the PR0.IECT SPONSOR
fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for
any obligation or expenditure made prior to the execution of this Project Agreement.
7. REIMBURSEMENT PROCEDURES -PROJECT COSTS shall be reported to
the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14)
attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers
for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON
AGENT with any payment request. All records in support of the PROJECT COSTS included in
payment requests shall be subject to review and approval by the DISTRICT or by an auditor
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT, upon
submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The
DISTRICT shall retain ten percent (10° o) of each installment payment until the completion of the
PROJECT.
The following costs, if authorized it; the attached Exhihit B shall he reimbursed only
upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in
accordance with Exhibit A: personnel, equipment, project management, administration,
inspection, and design, permitting, planning, engineering, and/or surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in whole
or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT -The PROJECT SPONSOR, upon completion of
the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT
AMOUNT less any prior installment payments. The Payment amounts previously retained by the
DISTRICT shall be paid upon (i j receipt of the Final Audit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction
of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit
E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph
17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION -The PROJECT SPONSOR shall retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the
Final Payment is released by the DISTRICT, except that such records shall be retained by the
PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or
special audit that starts prior to the expiration of the three-year retention period.
10. NONCOMPLIANCE -The DISTRICT shall have the right to reimbursement,
either in whole or part as it may determine, of the funds provided hereunder for noncompliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification
from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the
DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT.
1 1. DISTRICT PROJECT MANAGER -The Executive Direc±or, or his designee,
is hereby designated as the DISTRICT's Project Manager for the purpose of this Project
Agreement and shall be responsible for monitoring performance of its terms and conditions and
for approving all reimbursement requests prior to payment.
12. SPONSOII'S L.;rAISOIRi AGEh1T -The PP~OJECT SPONSOR shall appoint a
LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of
the Project Agreement.
13. STATUS REPORTS -The PROJECT SPONSOR'S LIAISON AGENT shall
submit to the DISTRICT project status reports during the PROJECT term. These Quarterly
Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings,
and a copy of the Project bid award construction item cost list will be submitted as available.
Photographs shall be submitted when appropriate to reflect the work accomplished. NON-
COIviFLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may
result in revocation of this Agreement.
14. LAWS -The PROJECT SPONSOR agrees to obtain and to abide by all federal,
state and local permits and all applicable laws and regulations in the development of the
PROJEC"h. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and
constructed in compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules and requirements.
15. NON-DISCRII~IINATIOiVT - The PRO.IECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on anon-exclusive basis, to the general
public «-ithout regard to age, sex, race, physical handicap, or other condition, and without regard
to residency of the user in another political subdivision. ~~'hen such is required, adequate parking
shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of
persons for which the PROJECT is being developed.
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five ~~~)
years after completion of the PROJECT, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. Any change in such dedication shall
require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of
such dedication within the Public Records of the County in which the PROJECT is located.
I7. ACKNOWLEDGMENT -For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the
completed project tivhich shall indicate that the BISTRIC'I~ contributed funds for the PROJECT.
The wording of the sign required by this paragraph shall be approved by the DISTRICT'S staff
before construction and installation of said sign. This sign shall contain the DISTRICT logo
(Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects
a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other
type projects, the SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence
with the DISTRICT staff's recommendations.
18. PROJECT MAINTENANCE - Vv'hen and where applicable, the PROJECT
SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT
improvements and will pay aII expenses required for such purposes. The PROJECT
improvements shall be maintained in accordance with the standards of maintenance for other
local facilities and in accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents
that it has full legal authority and financial ability to operate and maintain said PROJECT
facilities and improvements.
19. SOVEREIGN` IMMUNITY -Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors and agents. Ho«-ever, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity under Section
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its
employees, commissioners and agents are solely providing funding assistance for the PROJECT
and are not involved in the design, construction, operation or maintenance of the PROJECT.
20. INSPECTIONS -The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
2l. RIGHTS AND DUTIES -The rights and duties arising under this Agreement
shall inure to the benefit of and be binding upon the parties hereto and their respective successors
and assigns, and shall, unless the context clearly requires other~~~ise, survitie completion of the
PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
without the express prior v<7itten consent of the DISTRICT.
22. WAIVERS -Waiver of a breach of any provision of this Agreement shall not be
deemed a waiver of any other breach of the same or different provision.
23. NOVICE -Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return
receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice
shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at:
Village of North Palm Beach
Attention: Recreation Director,
501 US Highway #1
North Palm Beach, FL 33408
24. NO JOINT VENTURE -The DISTRICT's role with respect to the PROJECT is
that of a funding assistance authority only and the DISTRICT is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
25. GOVERNING LAW -The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In the event
the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or
parties not now a part of this document, other than another governmental entity that agrees to
assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the
right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding
assistance provided by the DISTRICT, including but not limited to anv costs and reasonable
attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting
said reimbursement.
27. ENTIRE UNDERSTANDING -This Agreement, including any exhibits made a
part hereof, embodies the entire Agreement and understanding of the parties and supersedes all
prior oral and written communications between them. The terms hereof may be modified only by
a written amendment signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES:
FLORIDA INLA
By:
Director
DATE: ! ~ ~3 ~ /0' G
~~
P JECT SPONSOR
By.
Title: ~ G~"~ .~02
DATE: /~/9/ 6
F,XHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
(See Rule Section 66B-2 005 & 2 008 for eligibility and funding ratios)
PROJECT TITLE: Lakeside Park
APPLICANT: -Village of North Palm Beach
Project Elements Quantity Estimated .Applicant's Cost FIND Cost
(Please Irst [he MAJOR project elements and Cost
provide a general cos[ break out for each one. ~ (Number and/or Footace) ~
For Phase 1 Projects, please Irst the maj~ir v
elements and produc[s expec[ed) ~
DesigniEngineering 10,000 10,000 0
Site Preparation 60,000
i 10,000 50
000
Waterway Access Trails , 70,000 ?0,000 ,
50
000
Waterway Viewing Areas ~ 60,000 ~ 10,000 ,
50
000
Parking ~ 100.000 100,00 ,
0
TOTALS =
5300,000
5150,000 $150,000
-m ?~'o. 90-25 (l~e~x~ 10,'14%4?, Revised ~ ~
?,genda - "i0 -
EXHIBIT A
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the
nourishment, renourishment or restoration of a beach.
(~) "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 PERI~IITS" means those permits, exemptions, or general
permits for construction below mean high water line of a navigable waterway required
and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department
of Environmental Protection, and the South Florida or the St. Johns River Water
Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland
Navigation District.
(i 0) "LIAISON AGENT "means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(I I) "LOCAL GOVERI~rMENTS" means municipalities, cities, or consolidated
county governments, which are located within the member counties.
(12) "MATCHII~,'G FUNDS" means those funds provided by the local sponsor to the
project.
(I3) "MEMBER COUNTY" means a county located within the taxing boundaries of
the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian
River, St. Lucie, Martin, Palm Beach, Broward and Miami-Dade Counties.
(14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts
or any other agency having legally authorized navigation related duties in waterways of
the District.
(15) "PRE-AGREEMENT COSTS" means project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(16) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(17) "PROGRAIvI FUNDS" means financial assistance awarded by the Board to a
project for release to the project sponsor pursuant to the terms of the project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible program
facilities, improvements or expenses for the use and benefit of the general public.
(19) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved project.
(20) "PROJECT MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project agreement.
(21) "PROJECT PERIOD" means the approved time during which costs may be
incurred and charged to the funded project.
(22) "PROJECT SPONSOR" means an eligible govemmental agency receiving
program funds pursuant to an approved application.
(23) "PUBLIC BUILDING" means a building or facility on government owned
property that is owned or operated by a governmental entity, or operated by a third party
EXHIBIT A
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.
(24) "PUBLIC MARINA" means a harbor complex used primarily for recreational
boat mooring or storage, the services of which are open to the general public on a first
come, first served basis without any qualifying requirements such as club membership,
stock ownership, or differential in price.
(25) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(26) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee
Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those
portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control
structures, all navigable natural rivers, bays, creeks or lagoons intersected by said
waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending
from said water~~~ays.
(27) "~~'ATERV~'AY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holistic process by which the learner: develops an awareness of the
natural and manmade environments of waterways; develops knowledge about how the
environment of the waterwa}'s works; acquires knowledge about the technological, social,
cultural, political, and economic relationships occurring in waterway related
environmental issues; and, becomes motivated to apply action strategies to maintain
balance between quality of life and quality of the environment of waterways.
Specific Authority 3?4.976(2) FS.
Lvw Irnplemented 3i4.97o(1) FS
History-New 12-17-90, ,Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended S-1 ?-98, 3-21-01, 3-20-
03, 3-3-04, 4-21-05, 4-24-06.
66B-z.ooa - Po><<cy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation
may be provided to eligible governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or cooperation in
planning, acquisition, development, construction, reconstruction, extension,
improvement, operation or the maintenance of public navigation, public recreation, inlet
management, environmental education, law enforcement and boating safety projects
directly related to the waterways. Member counties may also be provided financial
assistance, support, and cooperation in planning and carrying out beach renourishment
and inlet management projects.
(b) Eligible local governments may also be provided financial assistance, support
and cooperation in planning and carrying out public navigation, public recreation, inlet
management, environmental education, law enforcement and boating safety projects
directly related to the waterways. Eligible local governments may also be provided
financial assistance, support and cooperation in planning and carrying out beach
renourishment and inlet management projects.
(c) Navigation related districts may be provided with financial assistance to pay part
of the costs of the planning and acquisition of dredge material management sites if the
EXHIBIT A
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 along-range dredge material management plan
for that county. Navigation related districts may also be provided with assistance for
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 public boat ramps and launching facilities, land
acquisition for additional trailer parking at an existing boat ramp, and public boat docking
and mooring facilities in man-made, navigable waterways contiguous to "waterways" as
defined in Rule 66B-2.003, F.A.C.
(2) Notification: The District will notify by direct mail and/or advertised public
notice all eligible go~~ernmental agencies of the progra„~ and the upcoming authorized
submission period. Funding allocations to navigation related districts, member counties
and local governments shall be based upon the proportional share of the District's ad
valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in accordance with
these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by
program funds shall be made available to the general public of all of the member counties
on anon-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) V~'aterway 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 327.6(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.
EXHIBIT A
(7) Public Information Availability: Public information produced with assistance
from this program shall not be copyrighted and shall be provided free of cost, except for
the cost of reproduction, to the public.
(8) Third-Party Project Operators: Projects that are being operated by a third party
shall have sufficient oversight by the eligible project sponsor as determined by the Board.
Such oversight, at a minimum, will include a project liaison that is a staff member of the
eligible project sponsor, and oversight of the operating hours and admission fees of the
facility by the eligible project sponsor through a legal agreement. All third party projects
shall be open to the public in accordance with this rule.
(9) Non-compliance: The District shall terminate a project agreement and demand
return of program funds disbursed to the project sponsor for non-compliance with an}' of
the terms of the project agreement or this rule, if such non-compliance calls into question
the ability of the applicant to complete the project. Failure of a project sponsor to comply
with the provisions of this rule or the project agreement shall result in the District
declaring the project sponsor ineligible for further participation in the program until such
time as compliance has been met to the satisfaction of the District.
Specific Authorit)~ ? 74.9?6!2) FS.
Lmv Implemented 374.976(1), (2) FS.
History - ~'ew 12-17-90, Amended 2-~-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, .i-2~-
00, 3-21-D1, ,'-j0-02, 3-3-04, 4-2I -0~.
66R-2.005 -Funds Allocation.
The Board w-ill allocate funding for this program based upon the District's overall
goals, management policies, fiscal responsibilities and operational needs for the
upcoming year. If funds are determined to be available for the program, the District will
notify potential eligible governmental agencies of the availability of program funding.
Applications will be reviewed by the Board utilizing District Forms No. 91-2~ and 91-25
(a thru f) waterways Assistance Program Application Evaluation and Rating Worksheet
(effective date 4-24-06); and 93-25 and 93-2~ (a, b and c) ~'~~aterways Assistance
Program Navigation Districts Application Evaluation and Rating Worksheet (effective
date 4-24-06), hereby incorporated by reference and available from the District office.
(1) Funding Assistance Availability: In as much as the District has other fiscal
responsibilities and operational needs, financial assistance to eligible government
agencies shall not exceed an amount equal to eighty (80) percent of the proportional share
of the District's ad valorem tax collections from each county in which such agencies are
located. The District may make an exception to this funding limitation, if funds are
determined to be available based upon the District's overall goals, management policies,
fiscal responsibilities and operational needs, or in counties that are recovering from a
state of emergency declared under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at a minimum, equal matching funds from the
project sponsor with the exception of public navigation projects that meet the provisions
of subsection 66B-2.00(7), F.A.C., and small-scale spoil island restoration and
enhancement projects that meet the provisions of Rule 66B-2.013, F.A.C. Applicant's in-
house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial
assistance to seaports shall require equal matching funds. The District shall contribute no
more than fifty percent (50°%) of the local share of the cost of an inlet management or
EXHIBIT A
beach renourishment project. The District shall not contribute funding to both the state
and local shares of an inlet management or beach renourishment project.
(3) Pre-agreement Expenses: The project sponsor shall not commence work on an
approved project element prior to the execution of the project agreement unless
authorized by the Board during the review and funding approval process. Board
authorization of pre-agreement expenses will be given for the commencement of work
prior to the execution of a project agreement if the Board determines that there is a
benefit to the District, its waterways or its constituents. All project costs must be incurred
and work performed within the project period as stipulated in the project agreement
unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be
approved if they are consistent with the provisions of Rule 66B-1.008, F.A.C., and occur
within the fiscal year of the grant application submission (October 1st to September
30th). Pre-agreement expenses, except for projects approved by the Board as multi-year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses
are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of
the approved pre-agreement expenses will be eligible for reimbursement funding from
the District, except for projects approved by the Board as multi-year projects.
(4) 1~~lulti-Year Funding: The construction phase of projects that are large scale,
im~olve 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 }'ear period subject to budgeting and allocation pursuant
to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi-year basis can be made at any time during the application
review process.
(5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the
proportional share of the District's ad valorem tax collections as set forth in subsection
66B-2.005(1), F.A.C., from the count}' in which such seaport is located if the seaport can
demonstrate that a regional benefit occurs from the port's activities. Financial assistance
to a seaport project that demonstrates a regional benefit shall not exceed an amount equal
to (i) the proportional share of the District's ad valorem tax collections as set forth in
subsection 66B-2.00(1), F.A.C., from the counties where the benefit is demonstrated
less (ii) funding allocated in the same fiscal year to all other local government projects
funded in those counties.
(6) Inlet Management and Beach Renourishment: Projects and project elements in
the categories of inlet management and beach renourishment shall be subject to the
following provisions. The District shall contribute no more than fifty percent of the local
share of the cost of the project. The District shall not contribute funding to both the state
and local shares of an inlet management or beach renourishment project. Funding for the
construction phase of an inlet management or beach renourishment project may be
approved by the District Board for a multiple year period subject to budgeting and
allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following
provisions shall be met for inlet management or beach renourishment projects:
(a) Inlet Management: Inlet management projects shall benefit public navigation
«~ithin the District and shall be consistent with Department of Environmental Protection
approved inlet management plans and the statewide beach manabement plan pursuant to
EXHIBIT A
Section 161.161, F.S. Inlet management projects that are determined to be consistent with
Department of Environmental Protection approved inlet management plans are declared
to be a benefit to public navigation.
(b) Beach Renourishment: All projects in this category shall be consistent with the
statewide beach management plan. Beach renourishment projects shall only include those
beaches that have been adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination of beach areas that are
adversely impacted by navigation for the purposes of this program shall be made by
Department of Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate parking must be
available in accordance with Chapter 161, F.S.
(7) Public Navigation: Projects or project elements in the category of public
navigation that will qualify for up to seventy-five percent (75°ro) program funds must
provide public access to public Launching, mooring or docking facilities. In addition, the
following shall appl}':
(a) Navigation channel dredging: The project sponsor must demonstrate that the
source of ehannei sedimentation has been identified and is in the process of, or has been
controlled, or that the frequency and amount of shoaling is such that dredging will
provide an improvement to the channel that will last for twenty (20) years or more and
therefore is more cost effective than identifying and correcting the cause of shoaling, or
that the cost of identifying the source of channel sedimentation exceeds the cost of the
dredging project.
(b) Navigation channel lighting and markers must be located on primary or
secondary public navigation channels.
All other public navigation projects or project elements will only qualify for up to
fifty percent (50%) program funding.
Specific Authority 374.976(2) FS.
Law Implemented 374.976(1), (3) FS.
History-New I2-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly ]6T-2.005, Amended 5-17-98, 8-2G-
99, 3-21-01, 7-30-02, 3-3-04, 9-21-OS, 4-24-06.
66B-2.006 -Application Process.
(1) Application Period: Applications for assistance through this program will be
submitted during the authorized submission period that shall be established by vote of the
Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance
Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and 93-
22a, Project Information -Navigation Related Districts (effective date 4-24-06) are
hereby incorporated by reference and available from the District office. With the
exception of projects eligible under the Small-Scale Spoil Island Restoration and
Enhancement program, and the Small-Scale Derelict Vessel program, all applications for
financial assistance and support through this program from member counties and local
governments shall be made on Form Number F1ND 9Q-22 and shall include a detailed
cost estimate submitted on FII~1D Form No. 90-25, Florida Inland Navigation District
Assistance Program Project Cost Estimate, (effective date ~-24-06), hereby incorporated
by reference and available from the District office. All applications for financial
assistance and support through this program from navigation related districts shall be
EXHIBIT A
made on FIND Form Number 93-2.2 (effective date 4-24-06), hereby incorporated by
reference and available from the District office, and shall include a detailed cost estimate
submitted on FIND Form No. 90-25.
(3) Sponsor Resolution: The project sponsor shall approve the submission of an
application by official resolution from its governing board or coma-fission. Said resolution
shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida
Inland Navigation District Waterways Assistance Program (effective date 10-14-92),
hereby incorporated by reference and available from the District office.
(4) Attcrney's Certification: If the application is for a project that is a land based
development project the applicant shall submit an Attorney's Certification of Title, FIND
Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and
available from the District office.
(~) Application Review: Applications will be reviewed by the local FP~iD
Commissioner before being submitted to the District office. Upon receipt in the District
office, staff will review the applications for completeness of the informational
requirements identified in the Application Checklist, FIND Form Number 90-26
(effective date 7-30-02) and for compliance with the eligibility requirements of This rule.
when an application is determined by staff to be incomplete or ineligible, staff will
immediately inform the applicant by mail. The applicant will then have until the date
established by the Board in the application package to bring the application into
compliance. If the applicant fails to provide a complete application in compliance with
these rules, the application will not be considered for funding. In order to have a
complete application, the applicant shall not only submit the forms required under Rule
66B-2.006, F.A.C., and any other information requirements identified in the Application
Checklist (FII~`D Form Number 90-26), but such forms and other submitted information
must be completely filled out, executed as applicable, and also establish compliance with
Chapter 66I3-2, F.A.C.
(6) Interlocal Agreements: Applications that the Board determines will directly
benefit the maintenance of the Atlantic Intracoastal ~t'aterw~ay channel as documented by
the District's long range dredged material management plans, will directly benefit the
maintenance of the Okeechobee Waterway channel as documented by the District's long
range dredged material management plan, will directly benefit the maintenance or
improvement of District property, right-of--way or navigation interests, or have multiple
funding partners including the Corps of Engineers as the project manager can qualify for
project assistance through an Interlocal agreement pursuant to Chapter 163, F.S., or
Section 374.984(6)(a), F.S. District staff will identif}~ these applications and present them
to the Board for their determination as to funding. Interlocal agreement projects shall
comply with all other provisions of this rule, except for pre-agreement expenses,
permitting and property control requirements.
(7) Application Presentations: Applications determined to be complete and in
compliance with this rule will be forwarded to the Board for review and then scheduled
for presentation to the Board at a scheduled meeting of the Board. Applicants can decline
to make a presentation to the Board by submitting a ~Titten request.
(8) Application Evaluation and Rating Score: Following the presentations, the Board
will review the applications and evaluate them using the Waterways Assistance Program
Application Evaluation and Rating Worksheets No. 91-25(a thru fl for Waterways
EXHIBIT A
Assistance Program applications, and 93-25 (a, b and c) Waterways Assistance Program
Navigation Related Districts applications. The total points awarded to each application by
the Commissioners will be averaged to determine an application's final rating score. The
final rating score for each application must equal or exceed 35 points for the application
to be considered for funding assistance. Reconsideration of any application with a final
rating score of less than 35 points will only occur if the majority of the Commissioners
evaluating the project rated the project equal to or exceeding 35 points and two-thirds of
the Commissioners vote for reconsideration of the application.
(9) Funding Determination: The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if any, to each project and
the projects will be ranked by overall average score to facilitate final funding decisions
by the Board. Allocations will be based in part upon the cumulative score of the
applications as calculated from the Project Evaluation and Rating Form. Allocations will
also be based upon the specific needs of the individual counties.
Specific Authority 374.97o(Z~ 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 5-2~-00, 3-
11-01, 7-30-02, 3-20-03, 4-11-OS, 4-24-06.
66B-2.0061 -Disaster Relief Applications.
Disaster Relief applications may be submitted to the District and considered by the
Board at any time during the year to provide assistance to an eligible applicant for the
removal of navigation obstructions and repair or replacement of waterway facilities
damaged by a declared natural disaster. The District shall consider these applications in
accordance with these rules.
Speclrc Aulhorrry 374.976(2) FS.
Law Implemented 374.976(1) FS.
Hisrory -A'ew 6-24-93, .Amended ?-6-97, Formerly 16T-?.0061, Amended 4-?4-06.
66B-2.008 -Project Eligibilit<~.
(1) Eligible Projects: Financial assistance and support through this program shall be
used to plan or carry out public navigation, public recreation, environmental education,
boating safety, spoil site acquisition directly related to the waterways, inlet management,
em~ironmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water. These
project types will be arranged into a priority list each year by vote of the Board. The
priority list will be distributed to applicants with the project application.
1. Public navigation channel dredging;
2. Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation in the District;
4. Public shoreline stabilization;
5. Public spoil disposal site development;
6. ~~'aterway signs and buoys for safety, regulation or information;
7. Public boat ramps and launching facilities and land acquisition for additional
trailer parking at an existing boat ramp;
$. Public boat docking and mooring facilities;
EXHIBIT A
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
1 1. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project; and
I5. Other water~~ay related projects.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program
funding or matching funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, land acquisition that is not for additional trailer parking at an
existing boat ramp, irrigation equipment, ball-courts, park and playground equipment,
and any extraneous recreational amenities not directly related to the waterway such as the
following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non-waterway users;
3. Roadways providing access to nun-waterway users;
4. Parking areas for non-waterway users;
5. Utilities for non-waterway related facilities;
6. Lighting for non-waterway related facilities;
7. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.;
1 I. Office space that is not incidental and necessary to the operation of the main
eligible public building; and
12. Conceptual project planning, including: public surveys, opinion polls, public
meetings, and organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an
itemized expense list:
I. The following project costs will be eligible for program funding or as matching
funding if they are performed by an independent contractor:
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying costs for completed
construction project;
c. Restoration of sites disturbed during the construction of an approved project;
d. Equipment costs.
Before reimbursement is made by the District on any of the costs listed in
subparagraph I. abo~~e, a construction contract for the project, approved and executed by
the project sponsor and project contractor must be submitted to the District.
2. Marine law enforcement and other vessels are eligible for a maximum of $30,000
in initial District funding. All future replacement and maintenance costs of the vessel and
related equipment will be the responsibility of the applicant.
3. Waterway related en~~ironmental education facility funding will be limited to those
project elements directly related to the District's waterways.
EXHIBIT A
(d) Fhasing of Projects: Applications for eligible waterway projects will be submitted
as a phased project where Phase I will include the design, engineering and permitting
elements and Phase II will include the construction of the project. A description and cost
estimate of the Phase II work shall be submitted along with the Phase I application for
Board review. Applicants for construction projects that include elements that require state
or federal environmental permits will demonstrate that all required environmental
permitting will be completed by the District's final TRIM hearing. This demonstration
will be by the submission of the required environmental permit(s) or by the submission of
a letter from the agency(s) stating that a permit is not required. Should the environmental
permitting element of an application that has construction elements that require state or
federal environmental permits not be completed by the District's final TRIM hearing, the
construction portion of the project will not be considered for funding. The District will
not deviate from the funding schedule, whereby funding decisions are completed at the
final TRIM hearing, to accommodate any application deficiency.
(2) Property Control: The site of a new proposed land-based development project,
with the exception of those projects requesting Small-Scale Spoil Island Restoration and
Enhancement funding, shall be dedicated for the public use for v,~hich the project was
intended for a minimum period of 25 years after project completion. Such dedication
shall be in the form of a deed, lease, management agreement or other legally binding
document and shall be recorded in the public property records of the county in which the
property is located. This property control requirement also applies to a project site owned
by another governmental entity. The governmental entity that owns the project site may
be joined as a co-applicant to meet this property control requirement. Existing land based
development projects that are being repaired, replaced or modified must demonstrate that
the project site has been dedicated for public use for at least 25 years with at least 10
years remaining on the dedication document. Property shall also be deemed dedicated for
public use if:
(a) The property has been designated for the use for which the project is intended
(even though there may have been no formal dedication) in a plat or map recorded prior
to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the
property for the public use for which the project is intended for a period of at least 30
years prior to submission of the application, or
(c) There is no ongoing litigation challenging the designated use of the property as
sho~~rn 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.
(31 Permits: The project sponsor is responsible for obtaining and abiding by any and
all federal, state and local pernlits, laws and regulations in the development of the project.
(4) Public Marina Qualifications: All public marina projects funded through this
program shall include sewage pumpout facilities for vessels, unless the applicant can
demonstrate that inclusion of such a facility is physically, operationally or economically
impracticable. All public marina projects funded through this program shall have at least
ten percent (10%) of their slips or mooring areas available for transient vessels. Program
funds to public marina projects shall not be utilized for maintenance of the facilities if
revenues generated by the facility are not exclusively allocated to the operation,
maintenance and improvement of the public marina facility.
EXHIBIT A
(5) Final Decisions: The Board will make all final decisions on the eligibility of a
Project or specific project costs.
Specific Authority 3 ~4.9?5(2) FS.
Lmv Implemented 3?4.9?6(1) - (3) FS.
History - IVew 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-3-9h, Z-6-97, Formerly 16T-2.008,
Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, ~-30-02, 3-20-03, 3-3-04.
66B-2.009 -Project Administration.
The District will appoint a project manager who shall be responsible for monitoring
the project and the project agreement. The project manager shall also be responsible for
approving all reimbursement requests. The project sponsor shall appoint a liaison agent,
who will be a member of the eligible applicant's staff, to act on its behalf in carrying out
the terms of the project agreement. Administration of the project ~~-i11 be as follows:
(1) Project Agreement: For each funded project, the District and the project sponsor
will enter into a project agreement, prior to the release of program funds, setting forth the
mutual obligations of the parties concerning the project. The project agreement shall
incorporate the applicable policies and procedures of the program as outlined in this rule.
Project agreements will be for atwo-year period with the possibility for one, one-year
extension. Any request for none-year extension of funding shall require submittal by the
PROJECT SPO?~ SOR of a request for extension to the DISTRICT no later than July of
fiscal year two of the approved project. This request will then be considered by the
DISTRICT Board, whose decision shall be final. In review of these requests, the Board
~~~ill take into consideration the current status and progress of the project and the ability of
the applicant to complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the
amount and source of the matching funds it will be using to match the program funds
supplied by the District for an approved project. The project sponsor shall provide
suitable evidence that it has the matching funds available at the time the project
agreement is executed.
(3) Agreement Modification: All proposed changes to the project agreement must be
submitted to the District in writing by the project sponsor accompanied by a statement of
justification for the proposed changes. All project agreement amendments shall be
approved by the District Board, except that the Executive Director may approve a minor
project agreement amendment for a project within a county with the local District
commissioner's concurrence. A minor project amendment shall not change the approved
project's category nor result in a reallocation of more than 35% of the approved funding
of the project among project elements. Project agreement amendments will not include a
change to the approved project's location or a change in the approved project's purpose or
project type. Agreed changes shall be evidenced by a formal amendment to the project
agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the project
manager summarizing the work accomplished since the last report, problems
encountered, percentage of project completion and other appropriate information. These
reports shall continue throughout the length of the project period until completion of the
project. The report shall be submitted on Form 95-02, ".Assistance Program Project
Quarterly Status Report, "dated 7-30-02, hereby incorporated by reference and available
at the District office.
EXHIBIT A
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement
requests during the project period in accordance with Rule 66B-2.01 1, F.A.C. The project
manager will approve or disapprove all reimbursement requests. The final payment of
program funds will be made upon certified completion of the project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall have the
right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the
date of the beginning of the District's first fiscal year for which the project was approved.
If the completion of a project is impacted by a declared state of emergency and the Board
waives this rule section, the extension of time granted shall not exceed one additional
three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the liaison
agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02),
hereby incorporated by reference and available from the District office, which certifies
that the project was completed in accordance with the project agreement and the final
project plans.
(b) .A final reimbursement request accompanied by all required billing statements
and vouchers.
(c) Photograph(s) showing the installation of the sign required by Rule 66B-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.
Specrfrc,9uthority 374.976(Z~ FS.
Law Implemented 374.976(1) FS.
History -New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02.
66B-2.011 -Reimbursement.
The District shall release program funds in accordance with the terms and conditions
set forth in the project agreement. This release of program funds shall be on a
reimbursement only basis. The District shall reimburse the project sponsor for project
costs expended on the project in accordance with the project agreement. Project funds to
be reimbursed will require the submission of a Reimbursement Request Form and
required supporting documents, FIND Form No. 90-14 (effective date 7-30-02), hereby
incorporated by reference and available from the District office.
(1) Authorized Expenditures: Project funds shall not be spent except as consistent
with the project agreement cost estimate that was approved by the Board, ~~~hich 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 fiend, or (b) the maximum application
funding assistance amount.
(2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be
made nn a Phase 1 application until a construction contract i~ executed by the applica,~t
EXHIBIT A
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°/0) of all reimbursement
payments until final certif cation 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.
Spec fc Authoriry 374.976(2) FS.
Lmv Implemented 374.976(_1) FS.
History -New ]2-17-90, Amended 6-24-93, Formerly 16T-1.011, Amended 3-31-99, 7-30-OZ.
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-?.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.
(~) Project Records: The project sponsor shall retain all records supporting project
costs for three years after either the completion of the project or the final reimbursement
payment, whichever is later, except that should any litigation, claim, or special audit arise
before the expiration of the three year period, the project sponsor shall retain all records
until the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent audit that
program funds have not been used in accordance with this rule and applicable laws, the
project sponsor shall repay the misused program funds to the District.
Specific Authoriry 374.976(1) FS.
Law Implemented 374.976(1) FS.
History-New I2-17-90, Formerly 16T-1.012, ,4mended 7-30-0~.
66B-2.013 -Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, in a
prominent location at the completed project which indicates the District's participation in
EXHIBIT A
the project. This sign shall contain the FIND logo. In the event that the project sponsor
erects a temporary construction sign, this sign shall also recognize the District's
participation. If the final product of the project is a report, study or other publication, the
District's sponsorship of that publication shall be pron~~inently indicated at the beginning
of the publication. If the project results in an educational display, the District's logo and a
statement of the District's participation in the project shall be contained in the display.
Specrf c Authority 3?4.9?6(2) FS.
Law Implemented 3?4.976(IJ FS.
History -IA'ew 12-17-90, Formerly 16T-2.013.
56B-2.014 -Small-Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and
natural islands within the District's waterways for recreational, navigational, educational,
and environmental purposes. The applicable provisions of this rule apply to these
applications with the following additions or exceptions:
(1) Application Procedure A Request for Proposals procedure will be used to
request proposals for consideration. Proposals shall follow the format described in FP.VD
Document #03-02, Call for Proposals -Small-Scale Spoil Island Restoration and
Enhancement Program (effective date 7-30-02), hereby incorporated by reference and
available from the District office. Proposals may be submitted to the District and
considered by the Board at any time during the year.
(2) 1\~fatching Funds: Small-scale spoil island restoration and enhancement may
qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10°%)
matching funds may include in-kind contribution pursuant to paragraph 66B-2.014(4)(b),
F.A.C.
(3) Eligibility: All proposals must meet the following eligibility criteria to be
considered for funding.
(a) Management Plan Compliance: Projects shall be in compliance with the
provisions of any Spoil Island Management Plans or other management plans that govern
the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the
Project site to construct and maintain the Project for a minimum of five years. Such
property rights can be in the form of a lease, interlocal agreement, use agreement or other
legal form approved by the District.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C.,
subject to the exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed
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 be counted by the District as exceeding $10.00 per hour.
No administrative costs can be incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project
expenses such as construction materials, plant materials, herbicides, etc. The funding
provided by the District shall not be allocated for parties, food or beverages.
(5 j Hold Harmless ~~~aiver: All volunteers, who are not government employees, shall
sign a hold harmless ~~~aiver Form No. 02-01 (New 7-30-02) as approved by the District
and hereby incomorated by reference and available from the District office.
EXHIBIT A
Spec f c Authority 374.9'6(2) FS.
Law Implemented 374.976(1) FS.
History -1Vew 7-30-02, Amended 4-24-06.
66B-2.01 -Small-Scale Derelict Vessel Removal Projects.
Proposals shall be accepted for financial assistance for the removal of derelict
vessels within the District's waterways. The applicable provisions of this rule apply to
these applications with the following additions or exceptions:
(1) Application Procedure -Applications shall be submitted on a completed FIND
Form No. OS-O1 (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 airy time during the year.
(?) The District shall only fund applicants that have identified derelict vessels to be
removed and have an outstanding bid for removal for such vessels, subject to eligibility
under these program rules.
(3) The program must be sponsored by an eligible government agency or not-for-
profit organization.
(~) District funding shall be limited to $10,000.00 per county, per year, provided on
a reimbursement basis only.
(S) The eligible applicant must provide the remaining matching funds for project
completion. In no case shall the District's cost-share contribution exceed 50% of the total
project costs. In-house project management or administration costs are not eligible costs
or matching costs.
(6) The derelict vessel must be located in, or immediately adjacent to, the Atlantic
Intracoastal Waterway.
(7) The District shall be recognized when possible in all written, audio or video
advertising and promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of
derelict vessels. The District is providing program reimbursement funds only and shall be
held harmless with regards to the activities initiated by the applicant.
(9) The applicant shall be responsible for all maintenance, management, disposal and
operating expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed
through this grant program must be reinvested into the applicant's derelict vessel removal
program.
(11) The District Board shall make all final decisions concerning the provision of
funding for this program.
Spec~fic,Authoriry 374.976(2) FS.
Law Implemented 374.976(1) FS.
History-New 4-24-06.
EXHIBIT C
FLORIDA I1~'LAND NAVIGATION DISTRICT
ASSISTANCE PROGRAI\i
Matching Funds Certification
Sponsor:
Project Title:
Project }t:
T_ hereby certify that the above referenced project Sponsor, as of October O1,
200_, has the required matching funds for the accomplishment of the referenced project
in accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated October 200_.
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. -Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
7 i x.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
EXHIBIT D
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
All Funds Previously Requested
Balance Available
Funds Requested
Less Retainage (-10% unless final)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
~-
~-
PROJECT NO.:
BILLING NO.:
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REGIUEST FORM
FIND - Fcrm Ne. 90-14 (NOTE: S~gr,ature Req~±ired cr, Page ?)
Effective Date 7-30-02)
FIND -Form No. 90-14
Page Two
EXHIBIT D (CONTINUED)
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost
Cost
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable
for the accomplishment of the approved project and that these expenses are in accordance with
Exhibit "B" of the Project Agreement.
Project Liaison
Date
*S. 837.06 Florida Statutes, False official statements. - `Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the perforrnance of his or her official duty shall be
guilty of a misdemeanor of the second degree, p>.~inishable as provided in s. 775.082 er s. 775.~?83 F.S.
FIND -Form No. 90-14
Effective Date 7-30-02)
EXHIBIT E
FLORIDA IRT,AND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title:
Project }~:
I hereby certify that the above referenced project was completed in accordance with
the Assistance Program Project Agreement between the Florida Inland Navigation District
and _ ,dated
_ , 20 ,and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.05 Florida Statutes, False official statements. - ~~r'hoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1-DEC 15 ;Dec 15-Mar 1 ;Mar 1-June 15 ;June 15-Sep 1_
Report Due: (Dec 30) ('March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-U2
(Effective Date: 7-30-02}
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2006 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2006 - First Quarterly Report Due.
MARCH 15, 2007 - Second Quarterly Report Due.
JUNE 30, 2007 - Third Quarterly Report Due.
SEPTEMBER 15, 2007 - Fourth Quarterly Report Due.
DECEMBER 30, 2007 -
MARCH 15, 2008 -
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
JUNE 30, 2008 - Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out paperwork submitted by
September ls`, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 1, 2008 - Closeout paperwork due.
By September 30, 2008 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. The appropriate timing for modifications to the project
cost estimate, Exhibit B, would be after receipt of bids.
*NON-COMPLIAI~TCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
EXHIBIT H