R02-187RESOLUTION NO. R02 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
A PROJECT AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND FLORIDA INLAND NAVIGATION
DISTRICT (FIND), PROVDING FOR THE
REIMBURSEMENT OF FUNDS ALLOCATED FOR THE
BOAT CLUB PARK NAVIGATION CHANNEL DREDGING
PROJECT; AND PROVDING AN EFFECTIVE DATE.
WHEREAS, for the past 2 years, the City and Palm Beach County Department
tal Resources Management and the Florida Inland Navigation District
have been involved in a maintenance dredging project for the navigation channel that
runs from Boat Club Park to the Boynton Beach Inlet; and
WHEREAS, the City of Boynton Beach has previously been awarded a grant of
from FIND, which grant funds will be utilized to reimburse the County for our
of the project, and this Agreement will allow the City to be reimbursed an additional
000 for this project, which will bring the F.I.N.D.'s portion of this project to $40,500;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby authorizes
directs the Mayor and City Clerk to execute a Project Agreement between the City of
Beach and the Florida Inland Navigation District for Boat Club Park Navigation
Dredging, a copy of which is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~, day of November, 2002.
$:\CA\RESO~Agreements\Grants\FIND Grant Agr102202.doc
CITY 9!~F BOYNJ'OI)t BE ~P~H, FLORIDA
Commissioner ~~~"~
ATTEST:
;:\CA\RESO\Agreements\Grants\FIND Grant Agr102202.doc
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. PB-BB-02-97
This PROJECT AGREEMENT made and entered into this (o day of
~__, 200_2. by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City_ of Boynton Beach, (hereinafter the
"PROJECT SPONSOR").
In consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
("PROJECT") consisting of the Boat Club Park Navigation Channel Dredging. Said
project is more specifically described in the PROJECT SPONSOR'S Waterways
Assistance Application, which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior
written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless specifically authorized by the
DISTRICT Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 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
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
Fifty_ percent (45%) 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 AMOU~NT") 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
$18,000.00.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and
represents that it has the PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the
PROJECT and shall, prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT
Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with
access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible tbr reimbursement under the Project
Agreement, PROJECT COSTS must be necessaD' 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.
and in accordance with
administration, inspection,
surveying costs.
6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT
SPONSOR ful-13 ~anderstand 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, except for construction expenses up to $18,000 (FIND costs).
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and
canceled payment vouchers for expenditures shall be provided to the DISTRICT by the
PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in
support of the PROJECT COSTS included in payment requests shall be subject to review
and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit
expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT,
upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT.
The DISTRICT shall retain ten percent (10%) 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
Exhibit A: personnel, equipment, project management,
and design, permitting, planning, engineering, and/or
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~'tl~e PROJECT to the reasonable satisfaction of the DISTRICT, (3)
submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION The PROJECT SPONSOR shall retain all
records supporting the PROJECT COSTS for three (3) years after the end of the fiscal
year in which the Final Payment is released by the DISTRICT, except that such records
shall be retained by the PROJECT SPONSOR until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the three-
year retention period.
10. NONCOMPLIANCE The DISTRICT shall have the right to
reimbursement, either in whole or part as it may determine, of the funds provided
hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this
Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR
shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph
shall survive completion of the PROJECT.
11. 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.
13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT
shall submit t~ tie DISTRICT project status reports during the PROJECT term. These
QuarterlyReports are to be on Form #95-02 (Exhibit F). Project design drawings,
engineeringdrawings, and a copy of the Project bid award construction item cost list will
be submittedas 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 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 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 a non-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.
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 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.
6
21. RIGHTS AND DUTIES The rights and duties arising under this
Agreement shrill 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 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 Marcinski Road
Jupiter, Florida 33477-9498
To PROJECT SPONSOR at:
City of Boynton Beach
Attention: Director - Parks Dept.
P.O. Box 310
Bonyton Beach, FL 33425-0310
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, parmer, or joint venturer with the PROJECT
SPONSOR.
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement sh~li l~e 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
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]
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITNESSES:
DISTRICT
FLORIDA INLAND
NAVIGATION
WITNESSES:
Title:
DATE:
APPROVED AS T9~RM:,,__--.-~..~
CITY ATTORNEY
EXHIBIT A
CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM
66B-2.001
66B-2.002
66B-2.003
66B-2.004
66B-2.005
66B-2.006
66B-2.0061
66B-2.007
6613-2.008
66B-2.009
66B-2.010
66B-2.011
66B-2.012
66B-2.013
66B-2.014
Purpose.
Definitions.
Policy.
Funds Allocation.
(2002)
Application Process.
Emergency Applications.
Application Form. (Repealed)
Project Eligibility.
Project Administration.
Project Agreement. (Repealed)
Reimbursement.
Accountability.
Acknowledgement.
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, Formerly
16T-2.001.
EXHIBIT A
66B-2.002 -- Forms.
All forms for the administration of this program are available from the
District office.
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
documentation.
a project proposal with the required
(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) "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.
EXHIBIT A
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inla. rld.Navigation District.
(10) "LIAISON AGENT" means the contact person 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
sponsor to the project.
(13) "MEMBER COUNTY" means a county located within the taxing
boundaries of the District, which includes Dural, 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 assistance awarded by the
Board to a project for release to the project sponsor pursuant to the terms of the
project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible
program facilities, improvements or expenses for the use and benefit of the general
public.
(19) "PROJECT AGREEMENT" means an executed contract between the
District and a project sponsor setting forth mutual obligations regarding an
approved project.
EXHIBIT A
(20) "PROJECT MANAGER" means the District employee who is
responsible_for, monitoring the performance of the Project and compliance with the
project agreement.
(21) "PROJECT PERIOD" means the approved time during which costs
may be incurred and charged to the funded project.
(22) "PROJECT SPONSOR" means an eligible 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.
Specific 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.
EXHIBIT A
66B-2.004 -- Policy.
The..fo. llowing constitutes
administration of the program:
the policy of the District regarding the
(1) Financial Assistance Eligibility: Financial assistance, support and
cooperation may be provided to eligible governmental agencies for approved
projects as follows:
(a) Member counties may be provided financial assistance, support or
cooperation in planning, acquisition, development, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Member counties may
also be provided financial assistance, support, and cooperation in planning and
carrying out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance,
support and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Eligible local
governments may also be provided financial assistance, support and cooperation in
planning and carrying out beach renourishment and inlet management projects.
(c) Navigation related districts may be provided with financial assistance to
pay part of the costs of the planning and acquisition of dredge material
management sites if the 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
EXHIBIT A
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 a non-exclusive basis without regard to race, color, religion,
age, sex or similar condition. Additionally, facilities funded in whole or in part by
program funds, shall not require a paid membership for the general public of all of
the member counties as a condition to use the facilities. User or entrance fees may
be charged for the use of facilities funded in whole or in part by program funds,
however such fees shall be reasonable and shall be the same for the general public
of all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as
not to impact navigation along the District's waterways through the placement of
structures, attendant uses, or the necessity of a boating speed zone for safety
purposes. Before applying for boating speed zone designation in District
waterways because of a project funded by this program, the sponsor shall first
receive approval from the Board. The Board will use the criteria found in s.
327.46(1), F.S., in determining whether to approve the proposed boating speed
zone.
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 purposes.
The project shall be maintained in accordance with the standards of maintenance
for other similar local facilities and in accordance with applicable health standards.
Project facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The project
sponsor shall have full legal authority and financial ability to operate and maintain
the project facilities.
(7) Public Information Availability: Public information produced with
assistance from this program shall not be copyrighted and shall be provided free of
cost, except for the cost of reproduction, to the public.
(8) Third-Party Agreements: Projects that are being developed and operated
by a third party which is a not-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 decNring the project sponsor
ineligible for further participation in the program until such time as compliance
has been met to the satisfaction of the District.
EXHIBIT A
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-I8-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02.
66B-2.005 -- Funds Allocation.
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 03-21o01), hereby incorporated by reference and
available from the District office.
(1) Funding Assistance Availability: In as much as the District has other
fiscal responsibilities and operational needs, financial assistance to eligible
government agencies shall not exceed an amount equal to eighty (80) 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, fiscal 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
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
(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 1st to September 30th). Pre-agreement expenses,
except for projects approved by the Board as multi-year projects, will be limited to
fifty (50) percent of the project's total cost and if the expenses are eligible project
expenses in accordance with this rule. Only one-half (1/2) or less of the approved
pre-agreement expenses will be eligible for reimbursement funding from the
District, except for projects approved by the Board as multi-year projects.
(4) 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 Board to provide assistance funding on a multi-year basis can be made at
any time during the application review process.
(5) Seaport Funding Eligibility: Financial assistance to seaports may
exceed the proportional share of the District's ad valorem tax collections as set
EXHIBIT A
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 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 s. 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.
(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 or beach renourishment project may be approved by the District
Board for a multiple year period subject to budgeting and allocation pursuant to
the provisions of Chapter 200, F.S. Additionally the following provisions shall be
met for inlet management or beach renourishment projects:
(a) Inlet Management:
Inlet management projects shall benefit public navigation
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
10
EXHIBIT A
inlets, navigation structures, navigation dredging, or a navigation project.
The determination of beach areas that are adversely impacted by navigation
for the purposes of this program shall be made by Department of
Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate
parking must be available in accordance with 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
more cost effective than identifying and correcting the cause of shoaling, or
that the cost of identifying the source of channel sedimentation exceeds the
cost of the dredging project,.
(b) Navigation channel lighting and markers.
Other public navigation projects or project elements will only qualify for up
to fifty percent (50 %) program funding.
Specific Authority 374.976(2) FS. Law Implemented 374 976(1), (3) FS History — New 12- 17 -90,
Amended 6- 24 -93, 9 -5 -96, 2 -6 -97, Formerly 16T- 2.005, Amended 5- 17 -98, 8- 26 -99, 3- 21 -01, 7 -30 -02
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 -
11
EXHIBIT A
02) and 93 -22 (effective date 7- 30 -02) are hereby incorporated by reference and
available from the District office. With the exception of Small -Scale Spoil Island
Restoration and Enhancement projects, 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 -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
12
EXHIBIT A
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 property, 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 less than 35 points will only occur if the
majority of the Commissioners evaluating the project rated the project equal to or
exceeding 35 points and two- thirds of the Commissioners vote for reconsideration
of the application.
(9) Funding Determination: The Board will hold a funding allocation
meeting at which time the Board will determine the allocation of funds, if any, to
13
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 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, Amended 5- 25 -00, 3- 21 -01, 7 -30 -02
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 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 -2.007 — Application Form.
(Repealed)
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, Repealed 7 -30 -02
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 and 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.
14
EXHIBIT A
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;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by
navigation inlets, navigation structures, navigation dredging, or a
navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements: Project costs ineligible for
program funding or matching funds will include: contingencies, miscellaneous,
reoccurring personnel related costs, land acquisition that is not for additional
trailer parking at an existing boat ramp 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;
15
EXHIBIT A
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;
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;
16
EXHIBIT A
d. Applicant's in -house design, permitting, planning,
engineering or surveying costs for completed construction
proj ect;
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 be 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 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
17
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 entity that owns the project site may be joined as a co-
applicant to meet this property control requirement. Existing and based
development projects that are being repaired, replaced or modified must
demonstrate that the project site has been dedicated for public use for at least 25
years with at least 10 years remaining on the dedication document.
(3) Permits: The project sponsor is responsible for obtaining and abiding by
any and all federal, state and local permits, laws and regulations in the
development of the project.
(4) Public Marina Qualifications: All public marina projects funded through
this program shall include sewage pumpout facilities for vessels, unless the
applicant can demonstrate that inclusion of such a facility is physically,
operationally or economically impracticable. All public marina projects funded
through this program shall have at least ten (10 %) 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 will make all 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- 24 -93, 2 -3 -94, 4- 12 -95, 9 -5 -96, 2 -6 -97, Formerly 16T -2 008, Amended 5- 17 -98, 3 -31-
99,5-25- 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
18
EXHIBIT A
act on its behalf in carrying out the terms of the project agreement. Administration
of the project will be as follows:
(1) Project Agreement: For each funded project, the District and the project
sponsor will enter into a project agreement, prior to the release of program funds,
setting forth the mutual obligations of the parties concerning the project. The
project agreement shall incorporate the applicable policies and procedures of the
program as outlined in this rule. Project agreements will be for a two -year period
with the possibility for one, one -year extension. Any request for a one -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 for a
project within a county with the local District commissioner's concurrence. A
minor project amendment shall not change the approved project's category nor
result in a reallocation of more than 35% of the approved funding of the project
among project elements. Project agreement amendments will not include a change
to the approved project's location or a change in the approved project's purpose or
19
EXHIBIT A
project type. Agreed changes shall be evidenced by a formal amendment to the
project agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the
project manager summarizing the work accomplished since the last report,
problems encountered, percentage of project completion and other appropriate
information. These reports shall continue throughout the length of the project
period until completion of the project. The report shall be submitted on Form 95-
02, "Assistance Program Project Quarterly Status Report, dated 7- 30 -02, hereby
incorporated by reference and available at the District office.
(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 funds will be made upon certified completion of the
project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall
have the right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3)
years of the date 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.
20
EXHIBIT A
(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.
Specific Authority 374 976(2) FS Law Implemented 374.976(1) FS History — New 12- 17 -90, Formerly
16T -2 009, Amended 3- 21 -01.
66B -2.010 — Project Agreement.
(Repealed)
Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS History — New 12- 17 -90, Amended
9 -5 -96, 1 -01, Formerly 16T -2 010, Repealed 7 -30 -02
66B -2.011 — Reimbursement.
The District shall release program funds in accordance with the terms and
conditions set forth in the project agreement. This release of program funds shall
be on a reimbursement only basis. The District shall reimburse the project sponsor
for project costs expended on the project in accordance with the project
agreement. Project funds to be reimbursed will require the submission of a
Reimbursement Request Form and required supporting documents, FIND Form
No. 90 -14 (effective 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 an attachment to the project agreement. This cost estimate
will establish the maximum funding assistance provided by the District and the
percentage of funding provided by each party to the project. The District will pay
the lesser of (a) the percentage total of project funding that the Board has agreed to
fund, or (b) the maximum application funding assistance amount.
21
EXHIBIT A
(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 contract is not executed by the three (3) year project
deadline, then the District shall only allow one (1) year from the Phase I project
deadline to enter into the required construction contract before the Phase I funding
is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the
District and summarized on the Reimbursement Request Form. All requests for
reimbursement shall include supporting documentation such as billing statements
for work performed and cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10 %) 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.
(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 -2.012 - Accountability.
The following 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).
22
EXHIBIT A
(3) Completion Certification: Ail required final completion certification
documents_.an.d materials as outlined in s.66B-2.009(8) of this rule shall be
submitted to the District prior to final reimbursement of program funds.
(4) Auditing: All project records including project costs shall be available
for review by the District or by an auditor selected by the District for 3 years after
completion of the project. Any such audit expenses incurred shall be borne
entirely by the project sponsor.
(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, 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-I7-90, Formerly
16T-2.012, Amended 7-30-02.
66B-2.013 m Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District,
in a prominent location at the completed 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
EXHIBIT A
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly
16T-2.013.
66B-2.014 -- Small-Scale Spoil Island Restoration and Enhancement
Projects.
Proposals shall be accepted for the restoration or enhancement of spoil
islands and natural islands within the District's waterways for recreational,
navigational, educational, and environmental purposes. The provisions of this rule
apply to these applications with the following additions or exceptions:
(1) Application Procedure - A Request for Proposals procedure will be
used to request proposals for consideration. Proposals shall follow the format
described in FIND Document #03-02 Call for Proposals - Small Scale Spoil Island
Restoration and Enhancement Program, effective date 7-30-02, hereby
incorporated by reference and available from the District office. Proposals may be
submitted to the District and considered by the Board at any time during the year.
(2) 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-
2.014(4) (b).
(3) Eligibility: All proposals must meet the following eligibility criteria to
be considered for funding.
(a) Management Plan Compliance: Projects shall be in compliance with the
provisions of any Spoil Island Management Plans or other management plans that
govern the Project site.
(b) Property Control: The Project Sponsor must have written property rights
on the Project site to construct and maintain the Project for a minimum of five
years. Such property rights can be in the form of a lease, interlocal agreement, use
agreement or other legal form approved by the District.
24
EXHIBIT 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:
(a) The District shall fund a maximum of up to $7,500 per project, not to
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 counted by the District as exceeding
$10.00 per hour. No administrative costs can be incorporated into the Project as
Project costs.
(c) The funding provided by the District shall only be allocated for
specific Project expenses such as construction materials, plant materials,
herbicides, etc. The funding provided by the District shall not be allocated for
parties, food or beverages.
(5) 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(l) FS. History -- New 7-30-02.
25
EXHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: Dredging for Boat Club Park Navigation Channel
APPLICANT: City of Boynton Beach
Project Elements
Quantity
(Number and/or
Footage)
Estimated Applicant's
Cost Cost
FIND
Cost
Additional dredge and disposal
1,600 cubic yards $40,000
$22,500
$18,000
TOTALS
Form No. 90-25 (New 10/14/92)
1,600 $40,000 $22,500
$18,000
55
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project Sponsor, as of October 01,200_,
has the required matching funds for the accomplishment of the referenced project in
accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated October 200_.*
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
All Funds Previously Requested
Balance Available
Funds Requested
Less Retainage (-10% unless final)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
PROJECT NO.:
BILLING NO.:
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant
Cost
FIND
Cost
FIND - Form No. 90-14
Effective Date 7-30-02)
(NOTE: Signature Required on Page 2)
FIND - Form No. 90-14
Page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost Cost
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for
the accomplishment of the approved project and that these expenses are in accordance with Exhibit
"B" of the Project Agreement. *
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
Sponsor: City of Boynton Beach
Project Title: Boat Club Park Navigation Channel Project #: pB- BB -02 -97
I hereby certify that the above referenced project was completed in accordance with
the Cooperative Assistance Program Project Agreement between the Florida Inland
Navigation District and the City of Boynton Beach , dated
November 14 , 20 02 , and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement. *
Project Liaison Name: John Wildner
Project Liaison Signature:
4i k.7414/%).
Date: 11/14/02
•
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90 -13
(Effective Date: 12- 17 -90, Revised 7- 30 -02)
PROJECT NO.
PROJECT TITLE:
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT SPONSOR:
Oct 1-DEC 15
Report Due: (Dec 31)
REPORT PERIOD
Dec 15-Mar 1 Mar 1-June 15
(March 15) (June 31)
__ June 15-Sep 1
(Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
(Effective Date: 7-30-02)
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2002 -
DECEMBER 31, 2002 -
MARCH 15, 2003 -
JUNE 30, 2003 -
SEPTEMBER 15, 2003 -
DECEMBER 29, 2003 -
MARCH 15, 2004 -
JUNE 29, 2004 -
Project Agreement Executed, Project Initiates.
First Quarterly Report Due.
Second Quarterly Report Due.
Third Quarterly Report Due.
Fourth Quarterly Report Due.
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out paperwork submitted by
September ist, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 3, 2004 - Closeout paperwork due.
September 28, 2004 - 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 for modifications to the project cost
estimate, Exhibit B, 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 13 of
the project agreement.
EXHIBIT H
.TLA NTIe
`,3
FLORIDA INLAND
NAVIGATION DISTRICT
4)4t °4
�T� ACO A S