Exh 8C Part 1Agenda #8C
October 23, 2000
STAFF REPORT
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETLNG
AGENDA ITEM: Authorization for the Mayor to Sign FIND Project Agreement
DATE: October 17, 2000
SUBIOIITTED BY: David E. Thomps~Chief of Police,DPS
BACI{GROUND: The Florida Inland Na~~igation District {FIND) has accepted the
application to fund 50% { up to $125,000) of the cost of
construction for Dutton Island. They have prepared an agreement
for Atlantic Beach to re~riew, sign, and return to them. The
agreement requires the Mayor's signature, and staff is requesting
authorization for the Mayor to sign it.
BUDGET: The application was previously approved by the City Cornmission,
and $250,000 was budgeted in the 2000-01 fiscal year for this
purpose under account number 300-0000-572-6300 (General
Government Capital Projects Fund). The budget also anticipated a
$125,000 revenue from FII~rD far reimbursement of 50% of the
construction expenses.
RECOMMENDATIONS: To authorize the Mayor to sign the FIND Project Agreement
ATTACHMENTS: FIND Project Agreement
REVIEWED BY CITY MANAGER:
AGENDA ITEIVJ/NUMBER:
Agenda #8C
October 23, 2000
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. DU-AB-00-44
This PROJECT AGREEMENT made and entered into this day of
200_ by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City of Atlantic Beach. Florida. (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 Dutton Island -Phase II. 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 approvai 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, 2002, 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 the October 1,
2000. The PROJECT SPONSOR acknowledges there aze no provisions to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2003, and
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October 23, 2000
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 I, 2002. This request will then be considered by the
DISTRICT Boazd, whose decision shall be fmal.
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 5 below and shall not, in any event, exceed
$125.000.00. The PROJECT has been designated as a Phase I Project, which involves
planning, designing, engineering and/or permitting activities. Pursuant to the
DISTRICT'S Rules, reimbursement will be made, assuming the PROJECT SPONSOR
has otherwise fully complied with the requirements of the Agreement, only upon
commencement of construction of the project for which the Phase I planning, designing,
engineering and/or permitting were directed, which may not involve further DISTRICT
funding. Procedures set forth below with respect to reimbursement by the DISTRICT are
subject to this requirement of commencement of construction.
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 with
access to applicable books and records, fmancial statements, and bank statements.
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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 drrectly 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.
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 -PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form #90-20) 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,
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October 23, 2000
administration, inspection, and design, pemritting, 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 (1) 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. 90-23 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Pazagraph 17.
Unless otherwise determined by the DISTRICT, the fmal 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
yeaz in which the Final Payment is released by the DISTRICT, except that such records
shall be retained by the PROJECT SPONSOR until fmal 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 dtrectly to the DISTRICT. The provisions of this paragraph
shall survive completion of the PROJECT.
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11. DISTRICT PROJECT MANAGER -The Executive Duector, 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.
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 pernrits and all applicable laws 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 requrrements 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 pazking shall be made available by the PROJECT SPONSOR to
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accommodate vehicles for the number of persons for which the PROJECT is being
developed.
16. SITE DEDICATION -The PR07ECT 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.
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 the DISTRICT contributed funds for the PROJECT. The
wording of the sign requued 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. PR03'ECT 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.
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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.
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 requrres otherwise,
survive completion of the PROJECT. The PROJECT SPONSOR may not 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
not 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 Mazcinski Road
Jupiter, Florida 33477-9498
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October 23, 2000
To PROJECT SPONSOR at:
City of Atlantic Beach, Florida
Attention: Director -Public Safety
850 Seminole Road
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 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 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
may be modified only by a written amendment signed by both parties hereto.
28. LITIGATION COSTS/VENUE - 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 costs and
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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.
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:
CHAIR
DATE:
WITNESSES: PROJECT SPONSOR
By:
Title:
DATE:
9
EXHIBIT A
CHAPTER 66B-2 -WATERWAYS ASSISTANCE PROGRAM
66B-2.001 Purpose.
66B-2.002 Forms.
668-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Emergency Applications.
668-2.007 Application Form.
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
668-2.010 Project Agreement.
668-2.011 Reimbursement.
66B-2.012 Accountability.
668-2.013 Acknowledgement.
668-2.001- Purpose.
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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.
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October 23, 2000
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly
16T-2.001.
66B-2.002 -Forms.
All forms for the administration of this program are available from the District
office located at 1314 Marcinski Road, Jupiter, Florida 33477.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly
16T-2.002.
66B-2.003 -Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) °'APPLICATION" means a project proposal with the required documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to the District.
(4) "BEACH 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) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local
governments and navigation related districts within the taxing boundaries of the
District.
(8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida
Inland Navigation District.
(9) "LIAISON AGENT" means the contact person officially designated to act on
behalf of the applicant or the project sponsor.
(10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated
county governments, which aze located within the member counties.
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(11) "MATCHING FUNDS" means those funds provided by the local sponsor to
the project.
(12) "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.
(13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet
districts or any other agency having legally authorized navigation related duties in
waterways of the District.
(14) "PRE-AGREEMENT COSTS" means project costs approved by the District
Board which have occurred prior to the execution of the project agreement.
(IS) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(16) "PROGRAM 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.
(17) "PROJECT" means a planned undertaking .consisting of eligible program
facilities, improvements or expenses for the use and benefit of the general public.
(18) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved
project.
(19) "PROJECT MANAGER" means the District employee who is responsible for
monitoring the performance of the Project and compliance with the project
agreement.
(20) "PROJECT PERIOD" means the approved time during which costs may be
incurred and chazged to the funded project.
(21) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(22) "PUBLIC MARINA" means a harbor complex used primarily for recreational
boat mooring or storage, the services of which aze open to the general public on a
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first come, first served basis without any qualifying requirements such as club
membership, stock ownership, or differential in price.
(23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S.,
concerning the tax and budget of the District.
(24) "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.
(25) "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.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New I2-17-90, Amended
9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98.
66B-2.004 -Policy.
The following constitutes the policy of the District regarding the administration of
the program:
(1) 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
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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 Board finds that the site is required for the long-range maintenance of
the Atlantic Intracoastal Waterway channel. All such sites must meet the
development and operational criteria established by the District through a long-
range dredge material management .plan for that county. Navigation related
districts may also be provided with assistance for 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 famished assistance and support in planning and
carrying out environmental mitigation projects. All seaport projects shall benefit
publicly maintained channels and hazbors. Each seaport shall contribute
matching funds for funded projects.
(2) 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.
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(3) Approval of projects by the District shall be in accordance with these rules.
(4) The District and the project sponsor shall enter into a project agreement prior
to the release of program funds.
(5) 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.
(6) 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.
(7) The site of a proposed land-based development project shall be dedicated for
the public use for which 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.
(8) Facilities 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.
(9) The project sponsor shall not commence work on an approved project prior to
the execution of the project agreement unless authorized by the Boazd during the
review and funding approval process. Pre-agreement expenses will be authorized
if they aze less than fifty (50) percent of the project's total cost and if the expenses
aze eligible project expenses in accordance with this rule.
(10) 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
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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.
(11) Project funds shall not be spent except as consistent with the project
agreement cost estimate that was approved by the Board, which- shall be an
attachment to the project agreement. This cost estimate will establish the
maximum funding assistance provided by the District and the percentage of
funding provided by each party to the project. The District will pay the lesser of
(1) the percentage total of project funding which the Board has agreed to fund, or
(2) the maximum application funding assistance amount.
(12) 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 authorized if they are less
than fifty (50) percent of the project's total cost and if the expenses are eligible
project expenses in accordance with this rule.
(13) The project sponsor is responsible for obtaining and abiding by any and all
federal, state and local permits and regulations in the development of the project.
(14) 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 Boazd. The
Board will use the criteria found in s. 327.46(1), F.S., in determining whether to
approve the proposed boating speed zone.
(15) 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 standazds of maintenance for other similaz local
facilities and in accordance with applicable health standards. Project facilities and
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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.
(16) 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. 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.
(17) 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.
(18) 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 publilc.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -New 12-17-90,
Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99.
66B-2.005 -Funds Allocation.
The Boazd 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 aze 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 Waterways Assistance Program Application Evaluation and
Rating Form, and 91-25A Waterways Assistance Program Navigation Districts
Application Evaluation and Rating Form, (effective date 2-b-97) hereby
incorporated by reference and available from the District office.
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(1) 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 aze determined
to be available based upon the District's overall goals, management policies, fiscal
responsibilities and operational needs, in counties that are recovering from a state
of emergency declazed under Chapter 252, Florida Statutes.
(2) Financial assistance to seaports may exceed the proportional share of the
District's ad valorem tax collections as set forth in Section 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 ports 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
Section 66B-2.005(1) 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.
(3) All financial assistance and support to eligible governmental agencies shall
require equal matching funds from the project sponsor with the exception of public
navigation, law enforcement and environmental education projects. Project
sponsors of public navigation projects shall provide matching funds of at least ten
(10) per cent of the total cost of the project. Project sponsors of law enforcement
and environmental education projects shall provide matching funds of at least
twenty-five (25) per cent of the total cost of the project. All fmancial assistance to
seaports shall requue equal matching funds.
(4) 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 shaze of the cost of the project.
The District shall not contribute funding to both the state and local shazes of an
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Agenda #8C
October 23, 2000
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
1. 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
1. 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 azeas
that aze 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 s. 161, F.S.
(5) Eligible projects or project elements in the categories of public navigation, law
enforcement and environmental education include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and mazkers
3. Waterway signs and buoys for safety, regulation or information
(b) Law enforcement
1. Waterways boating safety programs
to