Florida Administrative Code › 66 - NAVIGATION DISTRICTS › 66A - West Coast Inland Navigation District › Chapter 66A-2 - WCIND WATERWAY DEVELOPMENT PROGRAM › Section 66A-2.0072 - Project Administration

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the general requirements for the
				 administration of the Program.
(1)
				Project Management. The Executive Director or his or her designee shall be the
				WCIND project manager responsible for monitoring the project agreements under
				the Program. The Executive Director or designated project manager shall also be
				responsible for approving all reimbursement requests. The Liaison Agent shall
				act on the member county's behalf in carrying out the terms and conditions of
				the project and project agreement. Payment of project costs shall be reimbursed
				as provided for in this rule chapter and in the project agreement.
(2) Time Extensions. All project agreements
				require a project to be completed within one year from the effective date of
				the project agreement. The completion date may be extended for good cause upon
				written request of the member county. However, in no event shall the completion
				date be extended beyond three years following the effective date of the initial
				project agreement. Member county liaison agents shall submit a request for
				extension to WCIND no later than June 15 of fiscal year one or two of the
				approved project, whichever year is applicable, using Form No. 3, "Project
				Extension Request, " effective 2/23/21, which is incorporated herein by
				reference and available from
https://www.flrules.org/Gateway/reference.asp?No=Ref-12697
.
				For purposes of this rule, "good cause" means an event beyond the control of
				the Member County, which prevents it from timely completing the project,
				including, but not limited to: acts of God (such as earthquakes, drought,
				fires, storms, and floods); war, hostilities, acts of terrorism, blockades or
				riots; strikes, lockouts, or other industrial disturbances; and title disputes,
				or other litigation. In review of time extension requests, the Board will take
				into consideration the current project status and progress, the nature of the
				causing event, and the ability of the member county to complete the project
				within one additional year.
(3)
				Failure to Timely Complete. If any project has not been completed within three
				years following approval of the project, all undisbursed Program funds shall no
				longer be encumbered for the project and WCIND shall place such funds into the
				member county's CNIF. Nothing in this rule chapter prohibits the member county
				from re-applying to WCIND for new funding for the project in a subsequent WCIND
				budget-cycle following expiration of the initial project agreement. Projects
				that fail to timely complete shall not be eligible for funding during the next
				available off-cycle.
(4) Agreement
				Modification. Any requested changes in the scope of the project or amount of
				financial assistance from WCIND must be submitted in writing to WCIND. All
				proposed changes to the project agreement must be submitted to WCIND in writing
				by the member county's Liaison Agent accompanied by a statement of
				justification for the proposed changes. All project agreement amendments shall
				be approved by the Board, except that the Executive Director may approve a
				minor project agreement amendment which does not change the approved project's
				category or the amount of financial assistance. Agreed changes shall be
				evidenced by a formal amendment to the project agreement utilizing Exhibit "G"
				of Form No. 2, "Waterway Development Project Agreement, " which is incorporated
				by reference in subsection   66A-2.003(3), F.A.C.
(5) Agreement Termination. WCIND may
				unilaterally terminate the project agreement for breach of its terms and
				conditions or noncompliance with the provisions of this rule chapter should the
				member county fail to cure the breach or remedy the noncompliance within thirty
				(30) days after receiving written notice. If the member county fails to cure
				the breach, WCIND may require the member county to refund all funds previously
				reimbursed under the project agreement. Additionally, upon written request by
				either party, WCIND and the member county may mutually agree to terminate the
				project agreement.
(6) Project
				Reporting. The liaison agent shall 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 be submitted on Form No. 5, "Quarterly Status
				Report, " effective 2/23/21, which is incorporated herein by reference and
				available from
https://www.flrules.org/Gateway/reference.asp?No=Ref-12699
,
				by the 15th calendar day after the end of each quarter and continue throughout
				the length of the project period until completion of the project. A final
				project report shall be submitted with the certificate of project completion
				form and shall include at a minimum: project summary, photo of completed
				project, final cost, project benefits to the waterway and location
				address.
(7) Payment Requests. For
				all projects, requests for disbursement of WCIND funds shall be made using Form
				No. 4, "Request for Payment Certificate, " effective 2/23/21, which is
				incorporated herein by reference and available from
https://www.flrules.org/Gateway/reference.asp?No=Ref-12698
.
(8) Project Inspection. Upon reasonable
				request, the WCIND project manager or his or her designee shall have the right
				to inspect the project and all records relating to the project.
(9) Project Completion. WCIND shall be
				notified of completion of a project by the submission of Form No. 6,
				"Notification of Project Completion, " effective 2/23/21, which is incorporated
				herein by reference and available from
https://www.flrules.org/Gateway/reference.asp?No=Ref-12700
,
				signed by the liaison agent, and co-signed by either the County Administrator
				or the County Financial Officer.
Rulemaking Authority  374.976(2)  FS. Law Implemented
					  374.976(1)-(3)  FS.
New 3-3-21.