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Exh 8C Part 2Agenda #8C October 23, 2000 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 aze 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 12-17-90, 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 Mazch 1st through May 1st of each yeaz, 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 boazd or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by ]1 Agenda #8C October 23, 2000 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 Boazd 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 Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The agplicant'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 final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 1z Agenda #8C October 23, 2000 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 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006. 66B-2.0061- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the yeaz 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-2.0061. 66B-2.00? -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, 2-3-94, 4-12-95, Formerly 16T-2.007. 13 Agenda #8C October 23, 2000 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. ~a Agenda #8C October 23, 2000 (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel 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; ~s Agenda #8C October 23, 2000 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 fle 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 July 1st to facilitate the orderly process of this program and the preparation 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. 16 Agenda #8C October 23, 2000 Specific Authority 374.976(2) FS. Law Implemented 374.9760) - (3) FS. History -New 12-]7-90, 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 manager shall 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 office, 17 Agenda #8C October 23, 2000 which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by 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 pt•oject within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's to Agenda #8C October 23, 2000 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 16T-2.010. 6613-2.011- 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 can not 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) year project deadline, then the District shall only allow one (1) yeaz 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-2.011, Amended 3-31-99. 19 Agenda #8C October 23, 2000 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 progam 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 fmal 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 yeazs 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 374.97b(2) FS. Law Implemented 374:976(1) FS. History -New 12-17-90, Formerly 16T-2.012. 20 Agenda #8C October 23, 2000 66B-2.013 -Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project, which indicates the District's participation in 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. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 12-17-90, Fonnerly 16T-2.013. 21 ' Agenda #8C EXEiISIT B October 23, 2000 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Dutton Island APPLICANT: City of Atlantic Beach, Florida Project Elements Quantity Estimated Applicant's FIND (Number and/or Cost Cost Cost Footage) Canoe/Kayak Launch 1 20,010 10,005 10,005 Comfort Station for Waterway Users/Students 1 125,000 62,500 62,500 Trail Stabilization Stabilized: 3600 LF 3200SY @ $2.50/yd 8,000 4,000 4,000 Unstabilized: 2222LF 2222SY@I.00/yd 2,222 1,111 1,111 Boardwalk 200 LF 200LF @ $105/ft 21,000 10,500 10,500 Kiosks/Shelters for Waterway Users and Env Education 3 12,000 6,000 6,000 Trail Signs 25 @ $20 500 250 250 Stabilized Drop Off/ Turnazound 15,000SF 1,667SY @ 3.OOSY $5,833 2,917 2,916 Seating/tables near canoe launches For Waterway Users/Students 25 @ 600 15,000 7,500 7,500 Restoration of Fresh Water Marsh Fill 1,080YD @ $3.00/Y 3,240 1,620 1,620 Planting 5,200 2,600 2,600 Agenda #8C October 23, 2000 Fees for permits 31,996 31,996 15,998 15,998 TOTALS 25 0, 001 125, 001 125, 000 Form No. 90-25 New 10/14/92 ,+ EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Titie: Project #: Agenda #8C October 23, 2000 I hereby certify that the above referenced project Sponsor, as of October Ol, 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 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95At Kew 9!9(95 „ Agenda #8C EXHIBIT D October 23, 2000 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance Funds Previously Requested &- Balance Available = Funds Requested Less Retainage (10%) &- Check Amount = Balance Available Less Check Amount &- Batance Remaining = SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "B") FIND -Form No. 90-24 Rev. 9/3/92 ,' FIND -Form No. 90-24 Page Two EXHIBIT D CONTINUED Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") SCHEDULE OF EXPENDITURES Check No. .Total Vendor Name and Date Cost Agenda #8C October 23, 2000 Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance viith Exhibit "B" of the Project Agreement. Project Liaison Date FIND -Form No. 90-24 Rev.9f3l92 T~ EXIIIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Agenda #8C October 23, 2000 Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and dated 20~, and that ail funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-13 Rev. 9/3/92 EXIiIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: Agenda #8C October 23, 2000 REPORT PERIOD Oct 1-DEC 15_ Dec 15-Mar 1 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: Form No. 95-02 Agenda #8C October 23, 2000 EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2000 - Project Agreement Executed, Project Initiates. DECEMBER 31, 2000 - First Quarterly Report Due. MARCH 15, 2001 - Second Quarterly Report Due. JUNE 30, 2001 - Third Quarterly Report Due. SEPTEMBER 15, 2001 -Fourth Quarterly Report Due. DECEMBER 29, 2001 - Fifth Quarterly Report Due. MARCH 15, 2002 - Sixth Quarterly Report Due. NNE 29, 2002 - Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September 155. a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2002 - Closeout paperwork due. September 28, 2002 - District furishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PR03ECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit C, would be after receipt of bids. 'ANON-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.