Exh 8B Part 2AGENDA ITEM #8B
OCTOBER 22, 2001
2. Law enforcement and boating safety equipment
(c) Waterways Related Environmental Education
1. Environmental Education Programs
Waterways , related environmental educational programs shall consist of
coordinated efforts among the local community, the local school district and
local governments. Eligible programs shall be available to the general public or a
targeted segment of the general public. The curriculum for an eligible program
shall be coordinated with. the District, the local community, the local school
district and local governments and shall be directly related to the environment of
the waterways.
2. Environmental Education Facilities
Eligible environmental educational facilities shall include buildings used for
waterways related education and accessory facilities such as boardwalks, docks;
signs, pavilions and, other such structures that are directly utilized for education.
Structures having .environmental education signage but not adjacent to or
associated with an environmental education facility shall not be considered a
waterways related environmental education facility for the purposes of this rule
section.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History -New ]2-17-90,
Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98.
66B-2.006 -Application Process.
(1) Applications for assistance through this program shall be submitted during the
authorized submission period, which is from March 1st through May 1st of each
year, unless modified by vote of the Board at a scheduled meeting. 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 12-17-90) hereby incorporated by
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AGENDA ITEM #8B
OCTOBER 22, 2001
reference and available from the District office located at 1314 Marcinski Road,
Jupiter, FL 33477.
(2) 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
4-12-95) and for compliance with the eligibility requirements of this rule. 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 4-12-95). 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.
(3) Applications determined to be complete and in compliance with this rule will
be forwarded to the Boazd for review and then scheduled for presentation to the
Board at a scheduled meeting of the Board. The applicant's presentation will at a
minimum include a discussion of the applicant's answers to the Evaluation and
Rating Criteria on Form No. 91-25. Following the presentations, the Board will
review the applications and evaluate them using the Project Evaluation and Rating
Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and
available from the District office.
(4) The total points awarded to each application by the Commissioners will be
averaged to determine an applications final rating score. The fmat 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
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AGENDA ITEM #8B
OCTOBER 22, 2001
points and two-thirds of the Commissioners vote for reconsideration of the
application.
(5) The Board will. hold a funding allocation meeting at which time the Board will
determine the allocation of funds, if any, to 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 will also be based upon the specific
needs of the individual counties.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New l2-17-90, Amended
9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006.
66B-2.0061- Emergency Applicafions.
Emergency applications maybe 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.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 6-24-93, Amended
2-6-97, Formerly 16T-2.006 L
66B-2.007 -Application Form.
Florida Inland Navigation District Waterways Assistance Program Application
Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4-
12-95) are hereby incorporated by reference and available from the District office.
All applications for financial assistance and 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 93-22A.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 12-17-90,.Amended
6-24-93, Z-3-94, 4-12-95, Formerly 16T-2.007..
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AGENDA ITEM #8B
OCTOBER 22, 2001
66B-2.008 -Project Eligibility.
(1) 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 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. Public boat ramps and launching facilities
4. Public boat docking and mooring facilities
5. Public shoreline stabilization
6. Inlet management projects that are a benefit to public navigation in the District
7. Waterway signs and buoys for safety, regulation or information
8. Public spoil disposal site development
9. Waterways related environmental education programs and facilities
10. Public fishing and viewing piers
11. Public waterfront boardwalks
12. Waterways boating safety programs and equipment
13. Beach renourishment on beaches adversely impacted by navigation inlets,
navigation structures, navigation dredging, or a navigation project
14. Other waterway related projects.
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AGENDA ITEM #8B
OCTOBER 22, 2001
(b) Project costs ineligible for program funding or matching funds will include:
contingencies, miscellaneous, reoccurring personne! related costs, land acquisition
and any extraneous recreational amenities not directly related to the waterway
such as the following:
1. Landscaping
2. Park and playground equipment
3. Restrooms for non-waterway users
4. Tennis courts
5. Roadways providing access to non-waterway users
6. Parking areas for non-waterway users
7. Utilities for non-waterway 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.
(c) Subject to approval by the Board of an itemized expense list:
1. The following project costs will 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 will be eligible only as matching costs and can not
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;
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AGENDA ITEM #8B
OCTOBER 22, 2001
d. Applicant's in-house design, permitting, planning, engineering or surveying
costs for completed construction project;
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) Applications for eligible waterway projects which 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 prior to the tentative approval
date of funding for Phase II. Should the environmental permitting. element of
Phase I of an application for a construction project. not be completed by the
District's meeting where. tentative. funding decisions for this. program will be made,
the Phase II project will not be considered for funding: An applicant may file a
petition pursuant to the rule waiver procedures of s. 120.542, F.S., and Chapter 28-
104, F.A.C., to extend the date for receipt of the required environmental permits.
Petitions filed pursuant to this rule section should be submitted to the District no
later than 7uly 1st to facilitate the orderly process of this. program and the
prepazation of the District's fiscal year budget in which the assistance funds will be
included. The District will not deviate from the funding schedule, whereby
funding decisions are completed at the final TRIM hearing, to accommodate any
applicant filing a petition after that date.
(2) The Board will make all. final decisions on the eligibility of a Project or
specific project costs.
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AGENDA ITEM #8B
OCTOBER 22, 2001
Specific Authority 374.976(2). FS Law Implemented 374.976(1) - (3) FS. History -New 12-17-90,
Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-
99.
66B-2.009 -Project Administration.
The District will administer all funded projects through an executed project
agreement. The District will appoint a project manager who shall be responsible
for monitoring 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 to act on its behalf in carrying out the terms of the project
agreement. Administration of the project will be as follows:
(1) A project agreement will be executed between the District and the project
sponsor.
(2) 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.
(3) The liaison agent may. submit periodic reimbursement requests during the
project period. The project manager will approve or disapprove all reimbursement
requests. The final payment of program funds .will be made upon certified
completion of the project by the District.
(4) Upon reasonable request, the project managershall have the right to inspect the
project and any and all records relating to the project.
(5) Upon completion of the project, the liaison agent shall provide the following to
the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-23 (effective date
12/17/90) hereby incorporated by reference and available from the District
,
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AGENDA ITEM #8B
OCTOBER 22, 2001
office, which certifies that the project was completed in accordance with the
project agreement and the fmal 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 s. 66B-2.013.
(d) Photograph(s) of the completed project. clearly showing the program
improvements.
(6) The project manager will review the project completion package and will
authorize or reject the final reimbursement payment, which will include all
retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly
16T-2.009.
66B-2.010 -Project Agreement.
(1) For each funded project, the District and the project sponsor will enter into a
project agreement setting forth the mutual obligations of the parties concerning the
project. The project agreement shall incorporate the applicable policies and
procedures of the program as outlined in this rule. Project agreements will be for a
two-year period with the possibility for one, one-year extension.
(2) 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. Agreed changes shall be evidenced by a
formal amendment to the project agreement and shall be in compliance with these
rules.
(3) 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
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AGENDA ITEM #8B
OCTOBER 22, 2001
category nor result in a reallocation of more than 35% of the approved funding of ,
the project among project elements.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended
9-5-96; Formerly I6T-2.010.
66B-2.011 -Reimbursement.
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. 90-24 .(effective date 6-24-93) hereby.
incorporated by reference and available from the District office.
(1) 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.
(2) The District shall retain ten per cent of all reimbursement payments until final
certification of completion of the project. The District shall withhold any
reimbursement payment, either in whole or part, for non-compliance with the
terms of this agreement.
(3) 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.
(4) In accordance with these rules, reimbursement cannot be made on a Phase I
application until a construction contract is executed by the applicant for the
construction phase of the project. If the Phase I project is completed but a
construction contract is not executed by the three (3) yeaz 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. .
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended
6-24-93, Formerly 16T-2.01 I, Amended 3-31-99.
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AGENDA ITEM #8B
OCTOBER 22, 2001
66B-2.012 -Accountability.
The following procedures shall govern the accountability of program funds:.
(1) 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) The project sponsor shall submit. quarterly .project status reports to FIND
during the project period.. These reports will summarize the work accomplished
since the previous report, problems encountered, percentage of project completion
and any other appropriate information.
(3) All required final completion certification documents and materials as outlined
in s. 66B-2.009(5) of this rule shall be submitted to the District prior. to final
reimbursement of program funds.
(4) 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) 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) If it is found by any State, County, FIND, or independent audit that program
funds have not been used in accordance with this rule and applicable laws, the
project sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) FS. Law implemented 374.976(1) FS. History -New 12-17-9Q, Formerly
16T-2.012.
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AGENDA ITEM #8B
OCTOBER 22, 2001
66B-2.013 -Acknowledgement.
For all land-based projects, the project sponsor shall erect a permanent sign,
approved by the District, in a prominent location at the completed project, which
indicates the District's participation in the project. This sign shall contain the
FIND logo. In the event that the project sponsor erects a temporary construction.
sign, this sign shall also recognize the District's participation. If the final product
of the project is a report, study or other publication, the District's sponsorship of
that publication shall be prominently indicated at he beginning of the publication.
If the project results in an educational display, the District's logo and a statement
of the District's participation in the project shall. be contained in the display.
Specific Authority 374.976(2) FS, Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly
16T-2.013.
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AGENDA ITEM #8B
OCTOBER 22, 2001
EXEIIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
{See Rule Section 66B-2.005 & 2.008 for eligibility and fundio~ ratios)
PROJECT TITLE: Construction of a Fishing and Viewing Pier at Dutton Island
APPLICANT: City of Atlantic Beach
Project Elements Quantity Estimated Applicant's
(Number and/or Cost Cost
Footage)
FIN D
Cost
Construction of a. Fishing
and Viewing Pier at Dutton Island
TOTALS
Fonn N'o. 90-25 (New l O,i14/92)
100'
$100,000 $50,000 $50,000
$100,000 $50,000 $50>000
AGENDA ITEM #8B
OCTOBER 22, 2001
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor:
Project Title: Project
I hereby certify that the above referenced project Sponsor, as of October O1, 2000,
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 2001.
Project Liaison
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 95-01
New 9/9/95
AGENDA ITEM #8B
OCTOBER 22, 2001
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT. REIMBURSEMENT RE4UEST FORM
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
All Funds Previous) Requested
Balance Available
Funds Requested
Less Retainage (10%-unless final)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
PROJECT NO.:
BILLING NO.:
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost Cost
FIND - Forrn No. 90-24 (NOTE: Signature Required on Page 2)
Rev. 624/93
AGENDA ITEM #8B
OCTOBER 22, 2001
EXHIBIT D (CONTINUED)
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCHEDULE OF EXPENDITURES
Check No. Total Applicant FIND.
Vendor Name and Date Cost Cost Cost
Certification for Reimbursement: t certif. that the above expenses. were necessar 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
FIND -Form No. 90-24
Rev. 6!24/93
AGENDA ITEM #8B
OCTOBER 22, 2001
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAiv1
Project Completion Certification
Sponsor:
Project Title: Project #:;
I hereby certify that the above referenced project was completed in accordance with
the Waterways Assistance Program Project Agreement between the FIorida 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
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90-13
Rev. 12! 17!90
AGENDA ITEM #8B
OCTOBER 22, 2001
EXHIBIT F
WATERWAYS ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1-DEC 15_ Dec 15-Mar i_ Mar 1-June 15_ June 15-Sep 1
Report Due: (Dec 31) (March 15) (June 31) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Forth No. 95-02
AGENDA ITEM #8B
OCTOBER 22, 2001
EXPIIBIT G
WATERWAYS ASSISTANCE PROJECT SCIIEDULE
OCTOBER 2001 - Project Agreement Executed, ProjectTnitiates.
DECEMBER 31,.2001 - First Quarterly Report Due:
MARCH 15, 2002 - Second Quarterly Report Due.
JUNE 30, 2002.- Third Quarterly Report Due.
SEPTEMBER 15, 2002 - Fourth Quarterly Report Due.
DECEMBER 29, 2002 - Fifth Quarterly Report Due.
MARCH 15, 2003 - Sixth Quarterly Report Due.
NNE 29, 2003 - 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 3, 2003 - Closeout paperwork due.
September 28, 2003 - 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. Appropriate timing formodifications to.the project cost
estimate, Exhibit C, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of
the project agreement.
AGENDA ITEM #8B
OCTOBER 22, 2001
EXHIBIT H