Exh 8BAGENDA ITElY1 # 8B
OCTOBER 28, 2002
CITY OF ATLANTIC BEACH
CITY CONIMISSION MEETING
STAFF REPORT
AGENDA ITEM: ~ Authorize the Mayor to sign the project agreement with
. ~ ~ FIND for the purchase of shelters and trail development
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE.: ~ October 21, 2002
BACKGROUND: Staffreceived a matching grant from Florida Inland
• ~ ,Navigation District in the amount of $120,000 for the
purchase of four shelters and trail development. This is a
matching grant totaling $120,000. of which the City will be
reimbursed $b0,000. Attached for your review is the
. project agreement from FIND. Once the agreement is
signed, it will be returned to FIND for final execution. ~ .
BUDGET: Staff recommends using half-cent~sales tax funds.
RECOMMENDATION: Authorize the Mayor to sign the project agreement with
FIND for the purchase of shelters a~d.trail development
ATTACHMENTS: • Project Agreement
REVIEWED BY CITY MANAGER
. .
AGENDA ITEM # SB
OCTOBER 25,.2002
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
. PROJECT NO. DU-JA-02-65
This PROJECT AGREEMENT made and entered into. this .day of
' , 200_ by and between the Florida Inland Navigation~.District
(hereinafter the "DISTRICT"), and theCity of Atlantic 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 ao provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project ,~
("PROJECT") consisting of the Dutton Island Construction -Phase III. 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 compiete the PROJECT and submit all required payment
reimbursement information on ~ or before September 1, 2004, 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 1, 2002.
The PROJECT SPONSOR acknowledges there are no provisions to carry over the
.DISTRICT assistance funding under this Agreement beyond September 30, 2005, and
AGENDA ITEM # 8B
OCTOBER 23, 2002
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, 2004. 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 . .
F~ percent 50% of the PROJECT SPONSOR'S out-of-pocket. costs for completion of
. this PROJECT ("PROJECT AMOUNT"). Payment, of funds by the DISTRICT to the .
PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement
basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and
. meeting the requirements 'of Paragraph S below and shall not, in any event, exceed
$60,000.00.
4. MATCHING. FUNDS - The ~ PR07ECT SPONSOR warrants and' ,.
represents that it .has the:, PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less .the .ASSISTANCE AMOUNT) available .for the completion of the
PROJECT and shall, .prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT" .
Form #95-01 (Exhibit C), and including upon request, providing" the DISTRICT ~ with " . ~ . .
access to applicable books and records, financial statements, and bank statements.
5. ~ PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and
. - efficient accomplishment of the PROJECT. and must be directly " allocable thereto:
PROJECT COSTS are generally described in Exhibit B.. PROJECT COSTS must be
incurred and work performed within the PROJECT period, with the exception, of pre-
agreement costs, .if any specifically identified in Paragraph 6 below, which are also ~.
eligible for reimbursement by the DISTRICT.
'. ~
' AGENDA ITEM #.8B
.OCTOBER 28, 2002
6. PRE-AGREEMENT COSTS - The .DISTRICT and the PROJECT
' SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the DISTRICT for any obligation or expenditure made prior to the execution of this
Project Agreement.
7. REIMBURSEMENT PROCEDURES - FROJECT 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%) of each installment payment until the
completion of the PROJECT.
The following costs, if authorized ~ in the attached Exhibit B shall be~ 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 Ito withhold. any payment hereunder, either in
.whole or part, for non-compliance with the terms of this Agreement.
8. FINAL REYIVIBURSEIVIENT . - The PROJECT SPONSOR, upon
completion of the PROJECT, shall submit to the DISTRICT a request for final
reimbursement of the PROJECT AMOUNT less any prior installment payments. ~ The
,~ ~ Payment amounts previously retained by the.DISTRICT shall be paid upon.(1) receipt of
AGENDA ITEM # 8B i '
OCTOBER 28, 2002 ~ j
~:
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. notificatiori 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. ~ ~ '
I1. DISTRICT PROJECT MANAGER - The Executive Director, or his
designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this
. Project Agreement and shall be responsible for monitoring performance of its terms and
conditions and for approving all reimbursement requests prior to payment. ~ • •
12. SPONSOR'S LIAISON' AGENT - The PROJECT ~ SPONSOR shall
appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT
upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement.
AGENDA ITEM # 8B
OCTOBER 28, 2002
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-COMPLIANCE by .the PROJECT SPONSOR with the
reporting schedule in Exhibit G may result in revocation of this Agreement.
14. LAWS -The .PROJECT SPONSOR agrees to obtain and to .abide by all
federal, state and local permits and all applicable Iaws and regulations in the. development
. of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
designed and constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state and local laws, .
rules and requirements.
15. NON-DISCRIMINATION ~ The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on anon-exclusive basis, to the ~ .
.general public without. regard to age, sex, race, .physical handicap, or other condition, and
without regard to residency of the user in. another political .subdivision. When such is
required, adequate parking. shall be made .available by the PROJECT SPONSOR to ,
accommodate vehicles for the number of persons for which the PROJECT is being
.developed.
16. SITE DEDICATION -The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five
{25) years 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.
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AGENDA ITEM # 8B ! ' ~~
OCTOBER Z8, 2002
j ~:~,~.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a
permanent sign, approved by the •DISTRICT, in a prominent location at the .completed : `
project which shall indicate that tine DISTRICT contributed funds for the PROJECT. The ';~
wording of the sign required by this paragraph shall be approved by the DISTRICT'S staff
,before construction and installation of said sign. This sign shall contain the DISTRICT
logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the ~~
SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation.
18. PROJECT MAINTENANCE -..- When .and where applicable, the
PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life
of the PROJECT improvements and will pay all expenses required for such purposes. The • . •
PROJECT improvements shall be maintained in accordance with the standards of
maintenance for other local facilities 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. ~.
However, nothing contained herein shall . , constitute a waiver by either party of its •
sovereign immunity under Section 768.28,~Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its 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.
AGENDA ITEM # 3B
OCTOBER 23, 2002
21. RIGHTS AND DUTIES -The rights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns, and shall, unless the context clearly requires otherwise,.
" survive completion of the PROJECT. The PROJECT SPONSOR may nat assign this
Agreement nor any interest hereunder without the express. prior. written consent of the
DISTRICT.
22. WAIVERS -Waiver of a breach of any provision of this Agreement shall
npt be deemed a waiver of any other breach of the same or.different provision.
23. NOTICE -Any notice required to be given pursuant to the terms and
provisions of this Agreement shall . be in writing, postage paid, and shall be sent by
certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
• Jupiter, Florida 33477-9498
To PROJECT SPONSOR at:
City of Atlantic'Beach
Attention: Director -Parks & Recreation Dept.
. 716 Ocean Boulevard
Atlantic Beach, FL 32233
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 }oint venturer with the PROJECT
SPONSOR,
AGENDA ITEM # 8B
OCTOBER Z8, Z002.
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 fhe bISTRICT 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 apart 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 fi.211 reimbursement from. the PROJECT.SPONSOR to
the full .extent, of the funding assistance provided by the DISTRICT, including but not
limited to any .costs and .reasonable attorney's fees (regardless of 'whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
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
maybe modified only by a written amendment signed by both parties hereto.
. 28.. LITIGATION COSTSIVENUE - In the event that the DISTRICT or the
PROJECT SPONSOR institutes any action or suit to ,enforce .the provisions of this
Agreement, the. prevailing party in such litigation shall be entitled to reasonable casts and , ~ : .
attorney's fees at the trial, appellate and post=judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
[This space intentionally left blank]
• AGENDA ITEM # 8B
• .. OCTOBER 28, 2002 i.:;::;:
IN WITNESS WHEREOF,, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITNESSES: FLORIDA INLAND .NAVIGATION
DISTRICT
. By: ~ .
• OHAIR
DATE:
WITNESSES: ~ PROJECT SPONSOR •
By:
Title:
. ~ DATE:. ~ ..
AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2002
CHAPTER 66B-2 -- WATER~'4'AYS ASSISTANCE PROGRA~YI (2002)
66B-2.001. Purpose. ~ .
66B-2.002 Forms.
66B-2.003. Definitions.
66B-2.004 Policy.
66B~2A05 Funds Allocation. ~ ~ ~ ~ .
66B-2.006 Application Process.
66B-2.0061 Emergency Applications.
66B-2.007 Application Form. (Repealed) ~ ~ .
66B-2.008 Project Eligibility.
66B-2.009 Project Administration. '
b6B-2.OI0 Project Agreement. (Repealed) ~'~
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.014 Small-Scale Spoil Island Restoration & Enhancement Projects..
~66B-2.001- Purpose.
Recognizing the importance and benefits of inland navigation channels and ~ . .
. waterways, as well as noting problems associated with .the construction, continued
maintenance and use of these waterways, ~ the Florida Legislature created s. ~ ~ ~ ~.
374.976; Florida Statutes. This law authorizes and ,empowers each inland
navigation district to undertake programs .intended to alleviate the ~ problems ~ ~ ~ .
associated with its waterways. The purpose of this rule is to~set forth the District's
.policy and procedures for the implementation of an~ assistance program under s. .
374.976, F.S., for local governments,. member counties and navigation related
districts within the District. This program will be known hereafter as the Florida ~~
Inland Navigation District's Waterways Assistance Program.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90. Forrnerdy,
16T-2.001.
1
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AGENDA ITEM # 8B
. ,..
OCTOBER 28, 2002 ~ .
~.:..
EXHIBIT A ~ .
.~.
. 66B-2.002 -Forms.
.~
All forms for the .administration -of this Program are available from ~lie~ ~~ -~ ~ ~~-~ `~
District office.
Specifc Authority 374.976(1) FS. Law Implemented 374.976(1) FS. History -New l1-17-90, Formerly '
' 16T-2.001.
66B-2.003 -Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the ., required
documentation. ~ .
(3) "AUTHORIZED .SUBMISSION PERIOD" means .the established
period for submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a
beach for the 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) "ELIGIB.LE GOVERNMENTAL .AGENCY" means member counties,
.local governments and navigation related districts within the taxing boundaries of
the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or .
. general permits for construction ,below mean high water line of a navigable
waterway required and issued by or on behalf of the U.S.. Army Corps of
Engineers, the Florida Department of Environmental Protection, and the South .
Florida or the St. Johns River Water Management Districts or their successors.
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A
. (4) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
_ (1Q) "LIAISON AGENT" means the contact.perso~t officially designated to . .::_._._
act on behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the member counties. .
(12) "MATCHING FUNDS" means those funds provided by the Local ~ ~ ."
sponsoi to the project.
(13) "MEMBER COUNTY" means a county located within. the taxing
boundaries of the District, which includes Duval, St. Johns, Flagler, Volusia,
Brevard, Indian .River, St. Lucie, Martin, Palm .Beach, Broward and 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 that have occurred prior to the execution of the project agreement.
(16) "PROGRAM" means the Florida Inland ~ Navigation District
~. _ Waterways Assistance Program.
~~ (17) "PROGRAM'"FUNDS" means financial assistanceawarded .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. ~ '
'AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2002
(20) "PROJECT .MANAGER" means the .District employee . ~vho is
responsible for monitoring the performance of the Project and compliance with the
pra~ect agreement. ~ ~.
(21') "PROJECT PERIOD" means the approved time during which costs
maybe incurred and charged•to the funded project.. • .
(22) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
,(23) "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. .~
. (24) "TRIM HEARING" means a public hearing required by Chapter 200',
F.S.., concerning'the tax and budget of the District:
(25) "WATERWAYS" means the Atlantic Intracoastal Waterway, all
navigable rivers, bays, creeks or lagoons intersected by said waterway, and all ,
navigable natural creeks, rivers, bays or lagoons entering or extending from said
waterway.. .
(26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION"
means an interdisciplinary holistic process by. which ~~the learner: ~ develops an
awareness of the natural and manmade environments of waterways; ~ develops ~~
knowledge about ~ how the environment of the waterways works; acquires
knowledge about the. technological, social, cultural, political, and economic
relationships occurring in waterway related environmental issues; and, becomes
motivated to apply action strategies to maintain balance between quality.of life : •
and quality of the environment of waterways.
Specifc Authority 374.976(2) FS. Law Implemented 374.976(1) FS. ~ History -New 12-17-90, Amended
9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01.
4
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AGENDA ITEM # 8B ~
OCTOBER 23, 2002
EXHIBIT A
66B-2.004 -Policy.
The following constitutes the ,policy of .the District regarding the
administration of the program:
(I) .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 fnancial 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 proj ects:
(c) Navigation related districts~may be provided with financial assistance fo .
•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 Iong-range .
maintenance of the Atlantic Intracoastal Waterway channel. All such sites must
meet the development and operational criteria established by the District through a .
long-range dredge material management plan for that county. Navigation related
districts may also be provided with assistance for 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. AlI navigation related districts shall
EXHIBIT A
AGENDA 1TEM # 3B
OCTOBER 28, 2002
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.
(2) Notification: The District will notify by direct mail and/or advertised
.public notice all eligible governmental agencies of the program and the upcoming
authorized submission period. Funding allocations to navigation related districts,
member counties and local governments shall be based upon the proportional
share of the District's ad valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in
accordance with these rules. ~ -
. (4) Project Accessibility: Facilities or programs funded in whole or in part
by program funds shall be made available to the ,general public of all of the'
member counties on 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 funcied.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) tiVateiway 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 b.y this program,~.the sponsor shall first
receive approval from the ,Board. The Board will use the criteria found in s.~~
327.46(1), F.S., in determining whether to approve the proposed boating speed
zone.
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A
(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•,purpos,es,,_.____;,, ..._,._._
The project shall be maintained in accordance with the standards of maintenance
for other similar local facilities ,and in accordance with applicable health standards. .
Project facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The project
sponsor shall have full legal authority and financial ability.to operate and maintain
the project facilities.
(7) 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.
(S} Third-Party Agreements: Projects that are being developed and operated . .
by a third party which is anot-for-profit agency 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, .oversight of the operating hours and admission fees of the facility
by the eligible project sponsor through a legal agreement, and submission of the
. third party's most recent audited financial statement. 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 any of the terms of the project agreement or this rule, if such non-
compliance calls into question the ability of the applicant to complete the project. .
Failure of a project sponsor to comply with the provisions of this rule or the..
project agreement shall result in the District declaring the project sponsor
ineligible for further participation. in the program until such time as .compliance .
has been met to the satisfaction of the District.
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A
Spec f c Authority ,374.976{Z) FS Lativ Implemented 374.976(1), (?) FS. History -New 11-17-90,
Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3.31-99, S-2S-00, 3-21-01; 7-30.02.
.._........._ .._ 66B-2.005.---,Funds Alloc-atio.n, ...,._... .._-- ......_..:._..___ _ .____.
. The Board will allocate funding for this program based upon the District's ~ .
overall goals, management policies, fiscal responsibilities .and operational needs
for the upcoming year. If funds are determined to be available for the program, the
District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District
.Forms No. 91-25 'and 91-25 (a.thru e) Waterways.Assistance Program Application .
Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and
b) Waterways Assistance Program Navigation Districts Application Evaluation
and Rating Form, (effective date 03-21-01), hereby incorporated by reference and
available from the District office.
(I) 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) per cent 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, fscal responsibilities and operational needs,'
in counties that are recovering from a state of emergency, declared under Chapter
252, Florida Statutes.
(2) Project Funding Ratio: All financial assistance and support to eligible .
governmental agencies shall require, at minimum, equal matching funds from the
project sponsor with the exception of public navigation projects that meet the
provisions of s.66B-2.005(7) and small-scale spoil island restoration and
enhancement projects that meet the provisions of s.66B-2.013. Applicant's in-
house costs are limited pursuant to s. 66B-2.008(1)(c). All financial assistance to
seaports shall require equal matching funds. The.District shall contribute no more
x
AGENDA ITEM # 8B'
OCTOBER 28, 2002
EXHIBIT A
than fifty percent (50%) .of the local share of the cost of an inlet management or
• beach renourishment project. The District shall not contribute funding'to both the •.
..__._ ._ ..... _ _state_and local, shares. of an inlet, management or beach_renourishment project _.~_ _ ____._...._...____ y__
(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 and occur .;within the fiscal year. of the ~ grant
application submission (October .15i to September .30~').` Pre-agreement expenses,
except for projects approved by the Board a$ 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} Multi-Year Funding: The construction phase of projects ,that are large '
scale, involve multiple phases, have a construction time line of one year or longer,
or are requesting a significant amount of assistance funding in relation to the total
assistance available for the county where the project is located, will be reviewed
and approved by the District Board for a multiple year period subject to budgeting
and allocation pursuant to the provisions. of Chapter 200, F.S. The determination
by the $oard 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
9
AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2002
forth in s. 66B-2.005(1) from .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 sea ort ro'ect that demonstrates a re Tonal benefit shall : _~._:_~.__
.._......._....._ _--.----..._.....__.....____..._.__......__....-.-.--..__._P_.....P.......~__... .---.g.___._._____~
not exceed an amount equal to (i) the proportional share of the District's ad
' valorem tax collections as set forth in s. 66B-2.005(1) from the counties where the '
.benefit is demonstrated Jess (ii} funding allocated in the same fiscal year to all
other local government prajects 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
per cent 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 orbeach renourishment project may be approved by the District
Board for a multiple year period subject to budgeting and allocation pursuant to
the,provisions of Chapter 200,. F.S. Additionally the following provisions shall~be .
met for inlet management or beach renourishment projects:
(a) Inlet Management:
' ~ Inlet management projects shall benefit public navigation
within the District and shall be consistent with ~ Department of
Environmental Protection approved inlet management plans and the
statewide beach management plan pursuant to s. 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
t __ .
• AGENDA ITEM # 8B
EXHIBIT A OCTOBER 23, 2002 ' .
. 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 _ b~y•,. Department.:,_af .__,....; . ~• ~ .
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•s. 161, F.S. ~ .
(7) Public Navigation: Projects or project .elements in the category of .
public navigation that will qualify for up. to .ninety (90%) per cent program funds
include:
(a} Navigation channel ,dredging where the project sponsor
demonstrates that the source of channel sedimentation has been identified
and is in the, process of or has'been controlled, or that the frequency and
amount of shoaling is such that dredging will provide an improvement to
the channel that will last for twenty.. (20) years or more and therefore is
mare 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.
• r - ..
. ~ Other public navigation projects or project elements will only qualify for up
to fifty percent (50%) program funding. . •
Specific Authority 374.976(Z) FS. Law Implemented 374.976(1), (3) FS. History -New 1Z-17-90, •
,Amended f,-14-93, 9-5-96, 2-6-97, Formerly 16T-2.OOS, Amended 5-17-98, 8-Z6-99, 3-Zl-OI; 7-30-01
• 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 Application Form Number FIND 90-22 (effective date 7-30- •
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A
02) and 93-22 (effective date 7-30-02) ale hereby incorporated by. reference and .
available from the District offsce. With the exception of Small-Scale Spoil Island
Restoration and Enhancement ro'ects all a lications for financial assistance and
_~ P--~-----~_.._._.P~.--~---..._._...__-----------_.--------....___.__._._-__._:__...._:~
support through this program from member counties and local governments shall , .
be made on Form Number FIND 90-22. All applications for financial assistance
and support through this program from navigation related districts shall be made
on Form Number FIND 93-22. ~. ~ ~ ~ '
. ~ ~ (3). Sponsor Resolution: The project sponsor shall approve the submission ~ .
of •an application by official resolution from its governing board or commission.
Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date
10-14-92} hereby incorporated by reference and available from the District office. ~ ' .
(4} Attorney's Certification: If the application is. for a project that is a land
based development project, the applicant shall submit an Attorney's Certification
of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated
by reference and available from the District office.
(5) Application Review: Applications will be reviewed by the local FIND ~ ~ '
Commissioner before being submitted to the District Office. Upon receipt in the ".' .
District office, staff will review the applications for completeness. of the
informational requirements identified in the Application Checklist, FIND Form
Number 90-26 (effective date 7-30-02) and for .compliance with the eligibility
requirements of .this rule. When an application . is determined by staff to be .
incomplete or ineligible, staff will immediately inform the applicant by mail. The
applicant will then have until the date established by the Board in the application
package to.bring the application into compliance. If the applicant fails to provide a
.complete application in compliance with these rules, the application will not be ~~
considered for funding.
(6) Interlocal Agreements: Applications that the Board determines will
directly.benefit the maintenance of the Atlantic Intracoastal Waterway channel as
,documented by the District's long range dredged material management plans, will
i~
AGENDA ITEM # 8B
EXHIBIT A OCTOBER 23, 2002
directly benefit the maintenance of the Okeechobee Waterway channel in Martin
County as documented by the District's long .range dredged material management
. plan, will directly benefit the maintenance or improvement of District_proRert}!, 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 s:163, FS. or s. 374.984{6)(a), FS. District staff will identify these
.applications and present them to the Board for their determination as to funding.
Interlocal agreement projects shall comply with all other provisions of this, rule,
except for pre-agreement expenses, permitting and property, control requirements.
. (7) Application~.Presentations: Applications determined to be complete and
in compliance with this rule will be forwarded to the Board for review and then.
scheduled for presentation to .the Board at a .scheduled meeting of the Board.
Applicants can decline to make a presentation :to the Board by~submitting a written
request. ~ ~ ~ , .
(8) Application Evaluation and Rating Score: Following the presentations, . ' .
the Board will review the applications and evaluate them using the Project
Evaluation and Rating Forms No. 91-25. (effective date 3-21-01), and No. 91-25(a
~thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a &
b) for Navigation Related District applications, hereby incorporated by reference
_and available from the District office. The total points awarded to each.application
by the Commissioners will be averaged to determine an applications 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 Iess 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
13~ -
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A
each project. Allocations will be based in part upon the cumulative score of the
applications as calculated from the Project Evaluation and Rating .Form.
...,,__. : __~__'~Allocations wi1_~.a1~o ~Ze b~~ed_ugo~ the_spe~.i~c..ne.~ds_Q.f.the individual counties._._..~_..._:..:_
Specifc Authority 374.97.6(2) FS. Law Implemented 374.976(1) FS. History -New 11-17-90, Amended
9-Z-Q2, 6-24-93, 4-12-95,.Formerly 16T-?.006, Amended S-2S-00, 3-11-01, 7-30-O1.
66B-2.0061--Emergency Applications.
Emergency applications may be submitted to the District and considered by
the Board at.any time during the year to provide assistance ~to ari 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. ~ '
Specif c Authority 374.976(Z) FS. Law Implemented 374.976(1) FS. History -- New 6-14-93, Amended 1-
6-97,.FormerIy 16T-1.0061. -
66B-2.007 --Application Form.
.~ .(Repealed) ~ ~ .
~Specif:c Authority 374.976(1) FS. Law Implemented 374.976(1) FS History -New 1 Z-I7-90, Amended
6-24-93, 2-3-94, 4-12-95, Formerly 16T 2..007, Repealed 7-30-01. .
.66B-2.008 -Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program
' . ~ shall be used to plan . or carry out public navigation, public recreation,
. environmental education, boating safety,. spoil site acquisition directly related to
the waterways, inlet management, environmental .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 Iand and water.
These project types will be arranged into a priority list each year by rote of the
Board. The priority list will be distributed to applicants with ~ the project
application.
_.._ _ ~
AGENDA ITEM.#.8B
EXHIBIT A OCTOBER 23, 2002
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. Waterway 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;
' . ' 8. Public boat docking and mooring facilities;
9. Derelict Vessel Removal;
. .10. Waterways related environmental education programs and
facilities; ~ - ~ '
11. Public fishing and viewing piers;
- ~ I2. 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 ~ ~ ~ ~ -
15. Other waterway related,projects. ~ ~ .
(b) Ineligible Projects or Project Elements: Project costs ineligible for
program fiinding. or matching funds will include: contingencies, miscellaneous,
reoccun-ing personnel related costs, land acquisition that is not for additional.
trailer parking at an existing boat ramp and any extraneous recreational amenities
not directly related to the waterway such as the following: -
- ~1. Landscaping; ~ . .
2. Pazk and playground equipment;
3. Restrooms for non-waterway users; -
4. Tennis courts;
is
i _ _.
AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2002
5._ Roadways providing access to non-waterway users;
. 6. Parking areas for non-waterway users;
• 7. Utilities for non-waterwa related facilities'
8. Lighting for non-waterway related facilities;
9. Irrigation equipment;
10. Maintenance equipment;
11. Picnic shelters and furniture; ~ ~ .
12. Vehicles to transport vessels;
13. Operational items such as fuel, oil, etc.. ,
. (c). Project Elements with Eligibility Limits: Subject to approval by the
. Board of an itemized expense list:
1. The following project costs. will be eligible for program funding
or as matching funding:
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.
" ~ 2. The following project costs, with the exception of those projects
requesting Small-Scale Spoil. Island Restoration and Enhancement
funding= will be eligible only as matching costs and .cannot exceed
fifteen (15) percent of the applicants match:' . .~
a. Applicant's non-recurring personnel costs;,
" ,~. ~ b. Applicant's equipment costs; ~ ~ ~ : .
c. Applicant's in-house project management administration,
and inspection costs; ~ ~,
.AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A ~ ~.
d. Applicant's in-house design, permitting, planning,
engineering or surveying costs .for completed construction
e. Applicant`s other in-kind services.
Before reimbursement, is made by the District on any of the costs listed in
subsection 1. or 2. above, a construction :contract for.. the. project approved. and .
executed by the project sponsor and project contractor must be submitted to the
District.
(d).Phase I Projects: Applications for eligible waterway projects that
include construction elements below .mean high water will be submitted as a.
phased project where Phase I will include the design, engineering and permitting . .
elements and Phase II will include the construction.of the~project. A description
and cost estimate of the Phase II work will be submitted along with the Phase I
application for Board review. Applicants for Phase II funding will demonstrate
that,the environmental permitting element of Phase I will be completed by the •
District's final TRIM hearing. This demonstration will ~e by the submission of
the .required environmental permit(s) or by the submission of a letter from the
.agency stating that a permit is not required. Should the environmental permitting
. element of Phase I of an.application for a construction project not be completed by
the District's final TRIM hearing, the.Phase II 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 -
which the project was intended fora minimum period of 2S 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
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIBIT A
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 entit _that. owns:the project site-ma-y. be joined a~._a.~c~..._._.__.._~._ . ~.
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 ZS .
. years with at.least 10 years remaining on the dedication.document.
(3) Permits: The project sponsor is responsible for obtaining and abiding by
any .and all federal, state and local permits, laws and regulations in~ tl~e
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 (10°,/0) percent 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. ~ '
(5) Final Decisions: The Board willmake alI final decisions on the
eligibility of a Project or specific project costs.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS History -New 12-17-90,
Amended 9-2-92, 6-Z4-93, 2-3-94, 4-I2-95, 9-5-96, 2-6-97, Formerly 16T-1.008, Amended 5-17-98, 3-31-
99,S-2S-00,3-21-01, 7-30-02.
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
. AGENDA ITEM # 8B
OCTOBER 23; 2002
EXHIBIT A
. .act on its behalf in carrying out the terms of the project agreement. Administration
of the project will be as follows: .
___-_r_________~__... __ _(1) Project Agreement: For each,funded project,_the District and the~roject _._._. ~_ ___
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 im 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 SPONSOR of a
. ~ request for extension to the DISTRICT no later than July of fiscal year two of the
.approved project. This request will then be considered by the DISTRICT Board,. .~ ' .
whose decision shall be final. In review of these requests, the Board will, take into
consideration the current status and progress of the project and the ability of .the
applicant to complete the project within one additional year. ~ .
(2} Matching Funds: The project sponsor shall clearly identify and
enumerate the amount and source of the matching funds it will be using to match
the program funds supplied by the ~ District for an approved project. The project .
sponsor shall provide suitable evidence that it has.the matching funds. available at .
the time the project agreement is executed. ~ ~ ~ • .
(3) Agreement Modification: All proposed changes. to the project '
agreement must be submitted to the District in writing by the project sponsor
accompanied by a statement of justification for the proposed changes. All project ~ '
agreement amendments shall be approved by the District Board, except that the
Executive Director' may approve a minor ,project agreement amendment fora .
project within a county with the Iocal. 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
19
~. ~.. .
AGENDA ITEM # 8B
OCTOBER 28,2002 I
EXHIBIT A ~ ~ i
project type. Agreed changes shall be evidenced by a formal amendment to the
project agreement and shall be in compliance with these rules.
_ _ __ ~4) Proiect,Re_porting: The liaison agent will submit quarterl ., 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-
OZ, "Assistance Program Project Quarterly Status Report; dated 7-30-02, hereby
incorporated by reference and available at the District office.
(5) Reimbursement Requests: The Liaison agent may submit periodic .
reimbursement requests during the project period in accordance with s.66B-2.011.
The project manager will approve or disapprove all reimbursement requests. The
.final payment of program furids 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 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.
` AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2042
. (c) Photograph(s) showing the installation of the sign required by s. 66B-
2.013.
(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.
Specifc Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 1Z-17-90, Formerly '
16T-1.009, Amended 3-11-01.
66B-2.010 -Project Agreement.
(Repealed)
Specific Authority,374.976(Z) FS. Law Implemented 374.976(1) FS. History-New 12-17-90, Amended '
9-5-96, 1-01, Formerly 16T-1.010, Repeated 7-30-01. ~ .. ~ .
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 o~n 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 7-30-02), hereby incorporated by reference and available
from the District office.
(1) Authorized Expenditures: Project funds shall not. be spent except as
consistent with the project agreement cost estimate that was approved by the '
Board, which shall be are 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.
21
AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2002
(2) Phase I Reimbursement: In accordance with these rules, reimbursement
.cannot be made on a Phase I application until a construction contract is executed
by the applicant for the construction phase of the project. If the Phase I project is
completed but a construction cortract 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.contractbefgre the Phase I funding
is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to~ the '
District and summarized on the Reimbursement Request Form. All requests for
reimbursement shall include supporting documentation such as billing statements ~ .
for work performed and cancelled payment vouchers for expenditures made.,
(4) Retainage: The District shall retain ten percent (10%) of all
reimbursement payments until final certification of completion of the project. The
District shall withhold any reimbursement payment, either in whole or part, far .
non-compliance with the terms of this agreement. ,~
(5) .Check Presentations: A District representative shall present the final
reimbursement check to~ the project sponsor during a public commission meeting
or public dedication ceremony for the project facility.
,Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended
6-24-93, Formerly 16T 2.011, Amended 3-31-99, 7-30-02 ' . ~ .
66B-2.OI2 -Accountability. ~ ~ ~ ~ _ ~ .
Thefollowing procedures shall ,govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining .an
accounting system that 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 s.66B-2.009(4). .
' ~ ~ AGENDA ITEM # 8B
EXHIBIT A OCTOBER 28, 2002
(3) Completion Certification: All required final completion certification
documents and materials as outlined in s.66B-2.009(8) of this rule shall be
submitted to the Districtprior to f nal reimbursement-of program funds._ _ ..-,_ _• ^_•__-__ ___,-_ ~ ..
(4) Auditing: All project records including project costs shall be available
.for review by the District or by an auditor selected by the District. for 3 .years after
completion of .the project. Any such audit .expenses- incurred shall be borne -
entirely by the project sponsor.
(5) Project Records: The project sponsor shall retain all records supporting .
project costs for three years after either the completion of the project or the final
. reimbursement payment, whichever is later, except that should any litigation,
claim, or special audit arise before the expiration of the three year period, the •
. ~ project sponsor shall retain all records until the final resolution of such matters.
(6) Repayment: If it is found by any State, Caunty, .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,
Specifcc Authority 374.976(2) FS. Law Implemented 374.976(1) FS, History -New 11-17-90, Formerly
16T-2.OlZ, Amended 7-30=01. ~ ~ -
66B-2.013 ---Acknowledgement.
The project sponsor.shall erect a permanent sign, approved by.the District,
in a prominent location at the corripleted. project that indicates the District's ~ ~ .
participation in the project. This sign shall contain.the FIND Logo. In the event that
-the project sponsor erects a temporary construction sign, this sign. shall also
recognize the District's participation. If the final product of the project is a report,
study or other publication, the District's sponsorship of that publication.shall be '
prominently indicated at the beginning of the publication. If the project results in
an educational display, the District's ~ logo ~ and a statement of the District's
participation in the project shall be contained in the display.
23
AGENDA ITEM # 8B
OCTOBER 28,2002
EXHIBIT A ~ ~.
Specific ,4uthoriry 374.976(Z) FS Law Implemented 374.976(!) FS. History -New 1 Z-17-90, Formerly
16T-2.013. ~ ' '
-- 66-B-~:C1-~--- S-maii=Scale-Spoiiisiauci-Restoratio-n-an-~i ~n~uan-cemEnt-~•------~~-
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 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 ~iri FIND Document m03-02 Call for Proposals -Small Scale Spoil Island
• Restoration arid' Enhancement Program, effective date 7-30=02,. hereby
incorporated by reference and available froFn the District office. Proposals may be .
submitted to the District and considered by the Board at any time during the year,
' (2) Matching Funds: Small-scale spoil island restoration and enhancement
may qualify for ~ up to ninety percent (90%) program funds. The applicant's ten .
percent (10%) matching funds may include in-kind contribution pursuant.to s66B-
2.0.14(4) (b). ~ ~ - .
(3) Eligibility: AlI proposals must meet the following eligibility criteria~to
be considered for funding.
(a) Management Plan Compliance: Projects shall be in compliance with the
provisions ofany 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.
~a
AGENDA ITEM # 8B
OCTOBER 28, 2002
EXHIB IT A
. ~ (4) Funds Allocation: Funds shall be allocated pursuant to s..66B-2.005,
. subject to the exceptions identified in this rule, and with the following additions: ~ ~ ,
__ __-~_.._..._.~_The District shall_fund a maximum of up to ~7 500 per n~ojec~, u9t~.Q__.___.~:
exceed $22,500 per County, per fiscal year. ~ ~ .
(b) The Project Sponsor may contribute in-kind construction labor; such
in-kind construction labor costs will not be couated.by.the District as exceeding
$10.00 per hour. No administrative costs can be incorporated into the Project as '
Project costs.
(c) The. funding provided by the District shall only be allocated for
specific Project expenses such as construction materials, plant materials, ~ .~ ,
herbicides, etc. The funding provided by the District shall not be allocated for
parties, food or beverages. ~ ~ ..
(5) Hold :Harmless Waiver: All volunteers, who are not government
employees, shall sign a hold harmless waiver Form No~. 02-01 (New 7-30-02) as .
approved by the District and hereby incorporated by reference and available from ~ .
the District office. ~ •
•, Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS., History - New.7-30-02.
~~
AGENDA ITEM # 8B j
. ' ~ OCTOBER 28, 2002
Exhibit B
.s,_______ _~_ __ • FLORIDA INLAND NAVIGATION DISTRICT ~ ,
•~ WATERWAYS ASSISTANCE PROGR.~ti4 ~•~"- - --_ ---^-" • -""
• PROJECT COST ESTI~4ATE "
• See Rute Section 66B-2.Oa5 & 2.OOS for e(i~~ibility and fu~:ccin~~ rntiosl '
PROJECT TITLE: ztfon Pha_re TTT
n~trt~
Dutton Tsland C~ ~ . • •
,
•
APPLICANT• City of Atlantic Beach •••
Project Elements .Quantity Estimated .ypplicant's Fi\D
' (Number ancL'or Cost . Coat Cost
• ~ ~ •Fuota;~e) _
° Boardwalk. ~ 230 LF $23,000 $11,500 $11,00 .
° Pavilions 4 $57,000 .$28,500, $28,000 •
• °.Trail Stabilization 4800 SF $40,000 $20;000 .$20,000
TOTALS •
$120,000 $60,000 $60,000
--___.
~ _. ~~ •