manatee county florida accepting west coast inland

146
RESOLUTION R-10-212 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND NAVIGATION DISTRICT (WCIND) GRANTS FOR THE CITY OF ANNA MARIA LAKE LA VISTA INLET MAINTENANCE; GWIZ THE SCIENCE MUSEUM WATER WORKSHOP PROGRAM FOR MANATEE COUNTY; FLORIDA WING CIVIL AIR PATROL CIVIL AIR PATROL C.A.P.; UNITED STATES COAST GUARD AUXILIARY FLOTILLA #83 SAFE BOATING THROUGH PUBLIC AWARENESS; UNITED STATES COAST GUARD AUXILIARY FLOTILLA #84 BOATING SAFETY AND EDUCATION; MANATEE SAIL AND POWER SQUADRON CLASSROOM EQUIPMENT; UNITED STATES COAST GUARD AUXILIARY FLOTILLA #85 BOATING SAFETY AND COMMUNICATION EQUIPMENT; CITY OF BRADENTON BEACH ABANDONED VESSEL REMOVAL PROGRAM; MANATEECOUNTYPADDLEGUIDE;MANATEECOUNTYSHORELINE MARINE LIFE SURVEY; MANATEE COUNTY KAYAK CORPS; MANATEE COUNTY ENVIRONEMNTAL EDUCATION FIELD EXPERIENCES PROGRAM; MANATEE COUNTY SHERIFF'S OFFICE MARINE RESOURCE LAW ENFORCMENT PROGRAM; MANATEE COUNTY 59™ STREET BOAT RAMP IMPROVEMENTS; AND AUTHORIZING THE CHAIRMAN TO EXECUTE AGREEMENTS AND DESIGNATING LIAISON. WHEREAS, the West Coast Inland Navigation District hereinafter referred to as "WCIND" is empowered and authorized by Section 374.976, Florida Statutes and Rule 66A-2, Florida Administrative Code, to undertake projects intended to alleviate problems associated with its waterways; and WHEREAS, pursuant to Rule 66A-2.007, Florida Administrative Code, the County shall officially designate a representative who is authorized to act on behalf of the County on matters related to participation in the projects; and WHEREAS, the Chairman of the Manatee County Board of County Commissioners is authorized to enter into.agreements with the West Coast Inland Navigation District to receive these funds. NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Manatee County, Florida, that 1. The County accepts West Coast Inland Navigation District funding for the City of Anna Maria Lake LaVista Inlet Maintenance; GWIZ The Science Museum Water Workshop Program for Manatee County; Florida Wing Civil Air Patrol Civil Air Patrol C.A.P; United States Coast Guard Auxiliary Flotilla #83 Safe Boating Through Public Awareness; United States Coast Guard Auxiliary Flotilla #84 Boating Safety and Education; Manatee Sail and Power Squadron Classroom Equipment; United States Coast Guard Auxiliary Flotilla #85 Boating Safety and Communication Equipment Project; City of Bradenton Beach Abandoned Vessel Removal Program; Manatee -1-

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Page 1: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

RESOLUTION R-10-212

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND NAVIGATION DISTRICT (WCIND) GRANTS FOR THE CITY OF ANNA MARIA LAKE LA VISTA INLET MAINTENANCE; GWIZ THE SCIENCE MUSEUM WATER WORKSHOP PROGRAM FOR MANATEE COUNTY; FLORIDA WING CIVIL AIR PATROL CIVIL AIR PATROL C.A.P.; UNITED STATES COAST GUARD AUXILIARY FLOTILLA #83 SAFE BOATING THROUGH PUBLIC AWARENESS; UNITED STATES COAST GUARD AUXILIARY FLOTILLA #84 BOATING SAFETY AND EDUCATION; MANATEE SAIL AND POWER SQUADRON CLASSROOM EQUIPMENT; UNITED STATES COAST GUARD AUXILIARY FLOTILLA #85 BOATING SAFETY AND COMMUNICATION EQUIPMENT; CITY OF BRADENTON BEACH ABANDONED VESSEL REMOVAL PROGRAM; MANATEECOUNTYPADDLEGUIDE;MANATEECOUNTYSHORELINE MARINE LIFE SURVEY; MANATEE COUNTY KAYAK CORPS; MANATEE COUNTY ENVIRONEMNTAL EDUCATION FIELD EXPERIENCES PROGRAM; MANATEE COUNTY SHERIFF'S OFFICE MARINE RESOURCE LAW ENFORCMENT PROGRAM; MANATEE COUNTY 59™ STREET BOAT RAMP IMPROVEMENTS; AND AUTHORIZING THE CHAIRMAN TO EXECUTE AGREEMENTS AND DESIGNATING LIAISON.

WHEREAS, the West Coast Inland Navigation District hereinafter referred to as "WCIND" is empowered and authorized by Section 374.976, Florida Statutes and Rule 66A-2, Florida Administrative Code, to undertake projects intended to alleviate problems associated with its waterways; and

WHEREAS, pursuant to Rule 66A-2.007, Florida Administrative Code, the County shall officially designate a representative who is authorized to act on behalf of the County on matters related to participation in the projects; and

WHEREAS, the Chairman of the Manatee County Board of County Commissioners is authorized to enter into.agreements with the West Coast Inland Navigation District to receive these funds.

NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Manatee County, Florida, that

1. The County accepts West Coast Inland Navigation District funding for the City of Anna Maria Lake La Vista Inlet Maintenance; GWIZ The Science Museum Water Workshop Program for Manatee County; Florida Wing Civil Air Patrol Civil Air Patrol C.A.P; United States Coast Guard Auxiliary Flotilla #83 Safe Boating Through Public Awareness; United States Coast Guard Auxiliary Flotilla #84 Boating Safety and Education; Manatee Sail and Power Squadron Classroom Equipment; United States Coast Guard Auxiliary Flotilla #85 Boating Safety and Communication Equipment Project; City of Bradenton Beach Abandoned Vessel Removal Program; Manatee

-1-

Page 2: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

County Paddle Guide; Manatee County Shoreline Marine Life Survey; Manatee County Kayak Corps; Manatee County Environmental Education Field Experiences Program; Manatee County Sheriff's Office Marine Resource Law Enforcement Officer Program; County 59TH Street Boat Ramp Improvements; the Chairman or the Vice Chairman of the Board of County Commissioners is authorized to execute the Agreements for Projects between County and WCIND.

2. The Manatee County Administrator or his designee is authorized to act as the County Liaison on all administrative matters related to Projects noted herein.

ADOPTED with a quorum present and voting this the 7th day ofDecember, 2010.

BOARD OF COUNTY COMMISSIONERS OF MANA'I:EE COUNTY, FLORIDA

DATE: __ ~,~~~\~~~\+.~~~\~9~-------

-2-

Page 3: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

RESOLUTION B-11-021 AMENDING THE ANNUAL BUDGET FOR MANATEE COUNTY, FLORIDA

FOR FISCAL YEAR 2010-2011

WHEREAS, Florida Statutes 129.06, authorizes the Board of County Commissioners to amend its budget for the current fiscal year as follows:

a) Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.

b) Appropriations from reserves may be made to increase the appropriation for any particular expense i1 the same fund, or to create an appropriation in the fund for any lawful purpose.

c) Unanticipated revenues, including increased receipts for enterprise or proprietary funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Manatee County, Florida that the 2010-2011 budget is hereby amended in accordance with FS 129.06 as described on the attached summary and specified in the budget adjustment batch files which are listed below:

Department: Fund:

Description:

Batch ID:

NATURAL RESOURCES DEPT OF NAT RESOURCES GRANTS

Appropriates $836,865 grant fund award from the West Coast Inland Navigation District for the following projects and transfers $136,463 additional matching funds from Reserves in the Florida Boating Improvement Fund for the 59th St/Wamer's Bayou Boat Ramp project ($227,837 was budgeted in previous fiscal years through the Capital Improvement Plan (CIP) process):

M211C Swim Zone Buoys M212C Abandoned Vessel Removal M213C Navigation Signage M214C Sidecar Sonar M215 Lake LaVista Maintenance M216GWIZ M217 Civil Air Patrol M218 Flotilla 83 M219 Flotilla 84 M220 Manatee Sail & Power Squadron M221 Flotilla 85 M222C City of Bradenton Beach Abandoned Vessel M223C Manatee County Paddle Guide M224C Shoreline Marine Life Survey M225C Kayak Corps M226C Environmental Education Field Experiences M227C MSO Marine Rescue Law Enforcement Officer M228C 59th Street/Warner's Bayou Boat Ramp

BAJSB29AIB Reference:

$10,000 $50,000 $50,000 $15,000

$149,500 $21,360 $10,500

$1,500 $2,266

$650 $2,266

$25,000 $15,000 $15,000 $13,000 $25,000 $66,523

$364,300

BU11000146

AD'\3:ED IN OPEN SESSION WITH A QUORUM PRESENT AND VOTING THIS

~ ,2010.

~ DAYOF

Page 4: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-215 (Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as City of

Anna Maria Lake La Vista Inlet Maintenance (WCIND Project No. M-215) in accordance with the following

project elements:

Dredge inlet channel and maintain jettv, utilizing beach disposal to improve channel navigation and increase

beach area.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project bas been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $149,500 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 5: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the final program payment was released by WCIND, or until fmal resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 6: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman ofthe Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest: Title

DATE: ________ ~J-~_3 __ -_J_J __________ __

3

Page 7: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 8: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 9: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-216 (Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as GWIZ The

Science Museum Water Workshop Program for Manatee County (WCIND Project No. M-216) in accordance

with the following project elements:

Manatee County 51h-8th grade student participation in Water Workshop. which teaches water resources.

water conservation and the impacts of pollution.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $21,360 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 10: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 11: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date ofthe signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST INLAND NAVIGATION DISTRICT

Attest:

BY: ____ ~~~~~--~~~~~~~-----------~

~~ Title

DATE: ___ /_-3_-_l_l ________ _

DATE:._\.J.C~:::za....;-\-:1~\ .t;;;,~.;)::...:::D~)~D...~....-___ _

3

Page 12: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 13: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 14: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

·i

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-217 (Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as Florida

Wing Civil Air Patrol Civil Air Patrol C.A.P. <WCIND Project No. M-217) in accordance with the following

project elements:

Conduct flyovers of area waterways to enhance search and rescue effectiveness in the waterways of Manatee

County.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $10.500 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 15: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 16: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature ofthe Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

Attest: R.B. "CHIPS" SHORE CLERK OF THE CIRCUIT~

BY: ~, z: v~)\.R.A Deputy Clerk

WEST COAST INLAND NAVIGATION DISTRICT

BY:Q~ ~

Title

DATE: ___ ___;_/_-_3_,.._1_/ ______ _

Title

DATE:----l\L..1ooc9.,~\:1........._.\-==!}C)=\..L!O"""--------

3

Page 17: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shaD be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 18: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

r , ;.

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDmONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major 'overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS ...:...100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiScal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 19: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,.

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-218(Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as

United States Coast Guard Auxiliary Flotilla #83 Safe Boating Through Public Awareness (WCIND Project

No. M-218) in accordance with the following project elements:

Conduct public education programs in boating safety and related areas; Project will entail media and/or

equipment purchases which promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $1,500 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 20: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

. ....

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

fmancial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 21: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

.•

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shaD be responsible for insuring

performance of its terms and conditions and shall approve aU reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shaD submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shaD be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shaD be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

~~4d

WEST COAST INLAND NAVIGATION DISTRICT

BY:H~ ~

Title

DATE: _ ___;_/_-...:.3_-'-'---------

Tit I

DATE:_----lJ:\.;2~\~"")....l........\\.r--l'c#o~t.Lhlo.....')L--____ _

3

Page 22: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

.r . ';

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval of WCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 23: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

.r •

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 24: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-219(Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as United

States Coast Guard Auxiliary Flotilla #84 Boating Education (WCIND Project No. M-219) in accordance

with the following project elements:

Conduct public education programs in boating safety and related areas; assist the United States Coast Guard

as requested. Project will entail media and/or equipment purchases which promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $2,266 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 25: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the fmal program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 26: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that aU purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

Attest: R.B. "CHIPS" SHORE CLEK::mCUIT C'::Ql1 BY: '- t \.!~)f\.RA_

Deputy Clerk

WEST COAST INLAND NAVIGATION DISTRICT

BY:Q~ &a:J

Title

DATE: ___ ....;../_-_3_~1_f ______ _

BY:-n~~--------~~------~~~~-----­DONNA G. HAYES, C ... .I,OI[.Ln.J.•.~.r~.n

Title

DATE: __ \d.~\+-:J~\,..r;.Qo"-=\~l-").___ ___ _

3

Page 27: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

-·-.

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 28: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

-. EXHIBIT "C"

GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT, NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND

RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 29: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-220 (Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as Manatee

Sail and Power Squadron Classroom Equipment Project (WCIND Project No. M-220) in accordance with the

following project elements:

Conduct public education programs in boating safetv and related areas; Project will entail media and/or

equipment purchases which promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $650 to be used for the project authorized by this Agreement The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement

Form #2, Effective Date: 11-11-90

Page 30: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 31: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature ofthe Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

DATE:_----:.J_-_3_r_l_l _________ _

Attest: R.B. "CHIPS" SHORE

~m=m BY. E \Ill ~

Deputy Clerk

3

Page 32: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 33: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

t:"-,_.. " .-... ,

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 34: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST KNLAJ\ID NA Vl!GA'Jl'l[ON JIJ[S'fiDCT

WCRNlD> WA 'fEJRW AY DlEVlELOI?MIEI'~>lT JPJROGIRAM

JPJROJJEC'f AGJRJEEMJEN'f

Contract No. M-221 (Applicant)

Approval Date: October :n., 20].0 (WCIND Board)

WEST COAST INLAND NA Vl!GATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November U, 1990.

2. The COUNTY agrees to implement the waterway development project known as United

States Coast Guard Auxiliary FlotiUa #85 Boating Safety & Communication Equipment <WCIND Project No.

M-221) in accordance with the following project elements:

Conduct public education programs in boating safety and related areas; assist the United States Coast Guard

as requested. Project will entail communication equipment, media and/or equipment purchases which

promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not complet~d within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

<a. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $2,266 to. be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-H-90

Page 35: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. IEiignb!e and ineli.gible costs are established in lRule 66A-2.005, F.A.C. , WCJ!ND Waterway

Jl}evelopment Program, adopted by WC][N][)) on November H, 1990.

6. 'l!'he COUN'JI'Y shaH retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the fmal program payment was released by WCINl[}, or until fmal resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received! in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through dlate of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the usell's regardless of i'ace, sex, age, religion or the

political jurisdiction ~n which the user may resi.de.

H. 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 ftts sovell'eign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 36: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

!2. Charles W. lListowski, WCliNID> Executive Director or his successor, is hereby designated as

WCJINID>'s Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shaH approve alll reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WC!ND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. 1l'be

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. :n:t shall be the responsibility of the COUNTY to secure all required permits.

U. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

:B.5. WC!ND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Title

lD>A1l'E:--,-r-_/_·-_3_ .... _1_r _______ _

3

Page 37: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,.

JEXJBimli'lr "A" IDli§JP'O§AJL OJF A§§JE'lr§ ACQl!JJlJRlEID WITJHI WCJIND GRAN'lr lFlUNID>§

Disposai of assets acqUBBJred wi.tlln WCIND grant funds (such as tools, equipment, boats, motorn, office ftmm!ture, law enforcement and safety equ!pmen.t, an.d ot:he1r materials) shall be ban.dled Hl!D. accordance witb the following pl!"ov.i.sions:

When repiacing assets Oll" equipment acquired! in wlnole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prioJr written approval of WCIND.

When original OH" ~replacement assets 01r equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) u~ed for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 38: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXlHilllBIT "C" G1UID1ELrnJE§ 11'0 J[}EJFJINJE JFl[JN][))J[NG CONIDITliON§ JFOR ILA W ENFORCE:MJEN1',

NA VIIGA'JI'llON, ENVm.ONMJEN'JI'AIL EJ[}1UCA1I'llON.lBOA1'J[NG §AJFE1'Y-EJ[}1UCA1I'll0N ANID RIEClRJEA 'JI'liON

LAW ENFORCEMENT -100% All funds must be used foil" watei!"Way Baw enforcement. Funds shall be used for major ove~rbaul or major repanJrS. No funding foil" gene~raH operntimn and! maintenance will be approvoo. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county fin which the grant is requested. (June 2009 amended by WCrnD Board.) Activity reports must be submitted with each quarte!rly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District watern. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiScal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 39: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,··

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-222C (Applicant)

Approval Date: September 10,2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as City of

Bradenton Beach Abandoned Vessel Removal Program <WCIND Project No. M-222C) in accordance with

the following project elements:

Removal of abandoned and derelict vessels in the area fOuth of Bridge Street in Bradenton Beach that have

become a threat to navigation, public health and safety.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $25,000 to be used for the project authorized by this Agreement. The funds will be released by I

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 40: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. l:n the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which. the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 41: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest: R.B. "CHIPS" SHORE CLE~~ TH:CmCUITjC~

BY:~ ~ \1~ Deputy Clerk ,,••''"1~""'''''

,,''o~~ · · ·YOA.'',, ...... (j •• ···~~,,

g~.·· ·-.~~ ~o· •(J'>-:. ~g:· S JEAL ':a~ s--=:. :ffi2 ~~·.<;. . .'r~fE , • '14; ~· -J~ ... ,_, ··~!EECO·· •• $

"",,,,, ....... ,,,,,'' 111111111'"'''

WEST COAST INLAND NAVIGATION DISTRICT

BY:C2r;~ c;:;:J

Title

DATE: __ /_-_3_-_I_f _______ _

3

Page 42: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 43: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 44: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WlES1r COAST INJLAND NAVJIGATJION lllU:S1rRJ[C1r

WCrnD WA1rlEJRWAY DJEVEJLOIPMJENT IPROGIRAM

IPIROJEC1r AGIRIEEMEN'f

Contract No. M-223C (Applicant)

Approvalll])ate: September :!.0, 2010 (WCIDfll]) Board)

WIEST COAST INJLANID NA VJIGAUON "ITlU:S1rlRJIC1r, hereinafter B"eferred to as "WCIDfll])," and the

Manatee County !Boan-d of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCU:NID Waterway ll])evelopment Program, hereby

agree to the lfonlowftng terms and cond[tions.

:!.. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIDfll]) Waterway ])evelopment Program rules and

reguhntions, adopted by WCIDfll]) on November U, !990.

2. The COliJN1rY agrees to implement the Wlllterway development project known as Manllltee

County Paddle Guide (WCIND !Proiect No. M-223C) in accordance with the following project elements:

li.Jodate and reorftntnng of the Manllltee County lPillddle Guide.

3. The COliJN1rY agrees to begin the project wftthftn six (6) months after the approval date of

this Agreement and shaRI complete the project on or before 365 days after the approval date. [f the project is

not completed wftthftn this time, WCIDfll]) shaH withhold further payment and deny any further requests for

project approvals until the project bas been completed.

~. WCn:ND agrees to obligate and make available to the COUNTY the approved project

amount of $15,000 to be used for the project authorized by this Agreement. The funds will be reReased by

WCIDfll]) eftther ftn i.nstlllHments or after completion of the project. WCIND and COUNTY understand and

agree that there willl be no reimbursement of funds by WCIDfll]) for any expenditure mlllde prior to the

execution of the Agreement.

Form #2, lEJ!Iecti.ve ll])ate: H-U-90

Page 45: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. lEiftgill>lle and ineligible costs are established in !Rule 66A-2.005, F.A.C. , WCllND Waterway

J[J)evelopment !Program, adopted by WC[NJ[J) on November 11, 1990.

6. The OOUNTY shalfi retain an records supporting project costs for three (3) years after the

end of the fiscal year fin whi.ch the final program payment was released by WCJLNJ[J), or until final resolution of

any Ditigation, cllanm, or audit that started prior to the expiration of the three year-record retention period.

7. WCllND reserves the right to inspect the project as well as the right to audit any and ali

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WC[NJ[J) should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

H9, JF!orida Statutes.

3. llf it becomes necessary for WCllND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

duri.ng said peri.odl for tine fundls if they have been invested fin the State of JF~ori.da Administration PooL U not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to tlllfts or any other project under WCIND administration shan be denied unti.l the funds have

been returned.

9. JFoHowing receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY willl be aunowed a maximum of sixty (60) days to submit additional documentation to offset tine

amount identified!, or to return the amount due.

110. lln the event the COUNTY elects to implement a user fee system for any public facilities

funded in who!e or in part by WCllND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or tllle

pollitical jurisdiction in wllli.cill the user may reside.

H. lEaclll party hereto agrees that it shaH be solely responsible for the wrongful acts of fits

employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either

party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 46: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

112. Char!es W. Listowsl:d, WCJINID JExecutive lDlirector or his successor, i.s hereby designated as

WCIDID's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shaH approve all reimbursement requests prior to payment. The

C01UNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIDID upon execution

of the Agreement, to act on behalf of the C01UNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCilNID on a quarterly basis (due on

lDlecember 3ll, March 3ll, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

ll3. lit sb.ail be the responsibility of the COUNTY to secure all required permits.

U. The COUN'li'Y shall insure that an purchases of goods and services for the accomplishment

of the project shaRI be secured in accordance with the provisions of Chapter 287 of the JF!orida Statutes.

15. WCIDID and C01UNTY mutually agree to the following special terms and conditions

incorporated as part ofthi.s Agreement: §ee JExbi.bit "A", JExhibit "B", and JExhibit "C".

ll6. Tillis Agreement shaH become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast ll:nland Navigation lDlistrict.

liN W][']['NJES§ WHJEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest: JR.B. "CIHDlJP§" §HOIRJE

CLIEK:.:lii!.CUI'I' ~ BY: z \

lDleputy Clerk s.

WEST COAST KNJLAND NAVIGAUON ]!)][§'fRJ[C'f

BY:Q~ ~

Title

lDlA'li'JE: _ _..;;...J_-_3_-_1_1 _________ _

Page 47: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

~ -.

lEmffiiT "A" IDli§JP>O§AlL OJF A§§JE'lr§ ACQ1UJIRJEID WJITJB[ WCJIND GlRAN'lf JFlONID§

IDD.sposall oft" asse~s al!!qJunfired WJittlln WCJIND grannt Jt"unnds (sudn as toolls, eqJufipmentt, !Ooatts, mottors, offil!!e funrnnfirure, llaw ennfoR"I!!emenntt annd safety eqJunipmenntt, annd ottllner matteirfialls) slllallH !be llnanndned finn accordannl!!e Wlittlln ttllne follllomnng pirovftsionns:

Wllnenn repllaCJinng assetts or eqJunfipmennt acqJunfiredl inn whole oir finn part unnder a WCH:NID grannt, tllne giraimttee oir sunlbgiranntee may unse ttllne assets or tllne eqJunipmennt tto !be Irepllaced as a tirade-finn oir sellll tllne pirOperty annd unse tllne proceeds to offsett tllne cost of illne IrepHacemennt pmperty, sun!O]ed to ttllne prim· writtttenn approvall of WCJIND.

Wllnen mofigfinnall oir repllacemennt assetts oir eqJunfipmenntt acqJunired unnnder a WCJI:NID girant mire (a) solld (except as aunttlhtori7led finn ttllle pireceding pairagiraplll); (lb) nno Uongeir avaD.Bablle fou- il!Se finn a WCJI:NID­spon.sored program; (!!!) uns_edl for punrposes nnott autl!nori?led!Oy WCXNID; 01r (d) nno Ronger nneededl foir tllne oi"igina! vrojed oir vmgR"am or Jt"or otllner al!!tfivitlies cunrrelllltlly or pu-eviousiy Sillppm1:ed !by WC:ITND, disl[)osntlionn of ttllne assets wm !be made as foHllows:

li. Assets oir items oft" eqJunipmemtt wfitlln a cunrrent per-unit fai1r maJrket vahne of Ress tbamt $§,000.G® may be Jrettainnedl, solld, or otlneJrwise disposed of without any further obHigatD.onn tto WCJ[N][)).

2. Assets or ittems of equipment Wlitl:n a cunent peJr-unlllit faD.Jr market value imt excess of $5,000.00 may be Jreiafi~med OJr soldl amll WCIDID'§ equity in the asset wili be Jrefunde«ll finn tthe same proportioRR as WCJINID'§ pamcfipatfion in the cost based on tlhte cunrrennt ma~rlke~ vahne ou- proceeds firom salle.

Tangible KJroperty acqJuiiredl amde1r I!!Ounniy vmjects must be shown as property acquired an the reconis for that pJrojed of the county. Mso, that such property be available for audit or app~ropriate recor«<ing of disposition of sa.ncb pmperty be ~readily available should the item or items be dnsu>osed of or mire nno llmBger in a.nse.

lEXIHBI'lr "lB" MATClfillNG FUNDS CERTIFICATION REQUIREMENT

lEaclln coul!lty munstt cemfy tllnat matcllninng funnnds Irequnfiremennts were met as pe1r the aKJpllficationn wllnenn they Irequest paymennt.

4

Page 48: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEmffiiT "C" G1UIDJEJLJINJE§ 1I'O ID>lEIFJINJE IFUNIDTING CONID>JI1I'JION§ IFOR lLAW lENIFORClE:MlEN'll',

NA VJIGA1I'JION, lENVJIRON:MJEN1I'AlL JEJ[))lUCA1I'ION, IBOA1I'TING §AlFlE1I'Y-lEID>lUCA1I'JION ANID> RJECRJEA'JI'JION

lLA W lENIFORCJEMJEN'll'- JLOO% AHH ft'ummdls Illllluns~ lbe unsedl :lfmr wa~ell"Way llaw enn:lforcelllllle!ID.~. lFun!ID.dls slhtaill lbe unsedl for Illlllajor oven-Iilaunn or Illlllajor re!llanrs. No :lfum.dnng :!for generall operationn anndl Illlllannn~ennance wftfill Jbe ap!llrOvedl. Allll equ.B.I{)mennt KJ!unrclhtaserll. by competitive bndl or as specifnedl by eaclln couuuty. 1I'Iile fumdling cap ns 30% of ~Iile annnnuna! (fu.scan yeal!') allllocatio~m o:lf adl vall.ol!'em pmceeds per coun1111.ty nnn wlilklil ~Iile grann~ ns reGJunes~edl. (Jfunnne 2®09 annnenndlerllby WCJINID> lBoardl.) Adivity repoirts muns~ be sunbmittedl wi~Iil eaclln qunarterlly re!llort annrll gran~ paym.enn~ ~requnest.

NAVliGATION liMPROVJEMEN1I' PROJECT§ -100% Projec~ muns~ diR'eciHy improve navfigati.o1111. ofiDfistric~ wa~ers. Cllnanmen marlkiitng, nnavngati9nn hllt1lards rellllllova!, amllrega.nB.a~ory sngwage pertafinnhng ~o llllis~rid wa~ern all'e applicab!e ~o nnaviga~nmn nmmprovement !llrojects.

ENVIRONMENTAL EDUCATION PROJECT§ -103% Must diR'ectly relate to waters of tlhte DB.strict. Cuniculum must be established vfia in-house d.assroom an<B/ol!' J!'ield tdp class inst~ruction. The funding cap is 25% of the amnua! (fiscaR ye~u) allocation of alii valorem proceeds per county ll!!n which the grant is reques~erll. Activity reports munst ll>e sunbmittt:ed witln eacllll qu2rterlly report and grant payment request.

BOATING SAFETY A.NID EDUCATION- 50% MATCH JFUNIDED Funds can be used for classll'oom equipmen~ providing the equijpment is used for boatell' ooec2tionn and boater safety progn-ams. Funds can be used for equipment placed 0111 boats pR'ovidin.g ~be boat is used for boater education and safety programs. Funds can be liSed for fire/l!'escue equipment, S!llecifncally foR' use in waters of the Distrid. Funds may ~mot be lll!Sedl for tiiD.e operation and maintenance of equipment non- facilities. Funds may UJe used f01r signage pertaining to safety and education of boaters at laamching ll'acilllties of the District. Activity reports must be submitted with each quarterUy report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may U>e used to coBD.struct boat Iramps. Funds may be used to rehabilitate boat rnmps. Funnnds may be unsedl Jfor nnnarinne recreationn parlks unsabBe by ooa~ern ~mdlnonboatern. Funds may UJe unserll for Sj[)Onll fislland andl spoifi al!'ea res~or2tionn affon-ding boater reeR'eatnonn.

5

Page 49: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,- ...

WIEST COAST :n:NJLANIDl NA VJIGATJ[ON llJ>][S'fliUCT

WC:n:NlD> WA'fEIRWAY DIEVELOJPMJENT JPIROGIRAM

lPIRO..uJECT A GIRIEIEMJEN1'

Contract No. M-224\C (Appli.cant)

ApprovallD>ate: September llO, 20ll0 (WC][N]IJ) Board)

WEST COAST INLANlD> NAVliGATKON ][))][§1l'IIUCT, hereinafter referred to as "WCIND," and the

Manmtee County lRomrd of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WC:n:NlD> Waterway Development Program, hereby

mgree to the foUowing terms mnd conditions.

ll. This Agreement shaH be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCJITIID on November U, ll990.

2. The COUNTY ag~rees to implement the waterway development project known as Shoreline

Marine Life Survey at Robinson Preserve <WCIND Project No. M-224C) in accordance with the following

project elements:

Continuation of quarterly surveys at Robinson Preserve encompassing a variety of different data collection

techniques including seine, dip and bag netting, line fiShing, sight-line observation, water quality testing and

chemistry and plankton trapping.

3. The COUNTY agrees to begin the p~roject within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4l. WCJIND agrees to obligate and make mvai.lable to the COUNTY the approved project

amount of $15,000 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understsnd and

agree that there wi.ll be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 50: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

J.-~ 1

5. Enigible and inel.igiblle costs are established in Rule 66A-2.005, lF.A.C. , WCIDID Waterway

ID>evelopment Program, adopted by WC][N]!J) on November 11, 1990.

6. The COUNTY sbsll retain all records supporting project costs for three (3) years after the

end of the rases! year in which the final program payment wms released by WCIND, or until final resolution of

any litigation, cllsim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIDID reserves the right to inspect the project as well ss the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCJITIID should the COUNTY refuse to allow public access to aU documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

3. ][f it becomes necessary for WCIDID to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNIT agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. H not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. lFoHowing receipt of an audit report i.dentifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. rn the event the COUNTY elects to implement a user fee system for any public facilities

funde<ll i.n whole or i.n part by WCIDID funds under the WCiND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside .

.ll.l. 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 Dts sovereign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 51: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

li2. Charles W. lListowski, WC][N])) Executive Ji)i.rector or his successor, is hereby designated as

WC][N]))'s !Project Manager for the purpose of tlnis Agreement and shaH be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shaH appoint a lLiaison Agent, whose name and title shall be submitted to WCUND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. Tine

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

Jl)ecember 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. Ht shall be the responsibHity of the COUNTY to secure all required permits.

1-t. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

ll5. WC.u:ND and COUNTY mutuaily agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signatuR""e of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

iN WITNESS WHEREOF, this Project Agreement bas been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST INLAND NAVIGATION DISTRICT

Attest:

ey, G1 ~ ~

~ Title

Jl)ATJE: ___ /~-3_-_J.;_/ ______ _

Page 52: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

- -.:~ .... lEXIBimll1' "A"

IDll§JP>O§AJL OlF A§§JE1'§ AOQ1UmJEID WJI'li1HI WCl!NID GJRAN1' ]lf[JNID§

Disposal of assets a«:q)Ullnired witlln WCJINID girant JfU!lnds (sU!lclln as tooBs, eqMipme~mt, boats, m.otoirs, office ll'mrnitil!Ire, llaw e~mfoircemeimt and safety eqjU!lftpm4mt, aimd otllneir materials) shaDB. be Dnaml!Bed nn acco~rdance wnth tDne foHllowfi.Hilg p~rovislio~ms:

When Irepiachng assets oir equipment acqwilred in winoBe or in part m1der a WCINID grant, the g~rantee oir SU!lbgiraimtee may Ullse tllne assets Oir tllne eqU!lnpment to be IrepUaced as a tirade-nim or selll tlbte property an1d ID!Se the proceeds to offset the cost of tl!ne 1repHacement p~roperty, SWlbject to the prioir written approvai ofWCl!NID.

When originaD. o1r Irepiacement assets Oir equipment acqukerll amder a WCIND gJrant aJre (a) soidl (except as autb.o~rized iim the l!lH"eceding paragraph); (b) no longer available for use in a WC.l!ND­sponsored program; (c) Ullsed fo1r purposes not autho~rized by WCIND; or (d) no longer needed for the original project oJr pmgram oJr for othe1r activities cun-rently or previously supported. by WCIND, disposition of the assets will be made as follows:

.n.. Assets ()]r items of equipment with a cunent per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obUgatimn to WC:n:ND.

2. Assets or ntems of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold. and WC:B.ND'S equity in the asset will be refunded nim the same proportion as WCIND'§ participation in the cost based on the current market value or proceeds from sale.

Tangible pi"operty acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate r-ecording of disposition of such property be readily available should the item or items be disposed of o1r are no nonger in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Ea<Cb coun~ must certify that matclhin.g fU!ln.ds requirements were met as per the application when tll:ney ~request payme~mt.

4

Page 53: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXIHIITIBIT ''C" GlUIDlELIINJE§ 1I'O IDllElFIINJE lF1UNIDlliG CONJI))IT][ON§ lFOJR LAW JENJFOIRCJEMJEN'JI',

NA VliGA'JI'liON, JENVJIRONMJENTAL lEIDlUCA'JI'liON, JBOA1'lliG §AFJETY-JEDlUCA'JI'liON ANIDl RJECJRJEA 1I'JION

LAW ENFORCEMENJr -1100% AI! fUB.nd.s must be used fmr watenvay Baw enfmrcemel!lt~. lFumds sll:!.ann be Ullset:ll fo1r majo1r ove~rllnaad o1r major ~repaB.JrS. No funding for general operntiollll allll.dl maintenance will be approved. All equipment purchased by competitive bid oil" as sped.fied by each county. ']['be fumllhng cap fis 30% of tine allll.llll.1!laR (fiscaR yeaJr) a!Rocatiollll. of ad val01rem proceeds pe1r COU!lllll.tty Hllll. which the grant D.s requested. (June 2009 amended by WC][N]}) Board.) Activity reports mu.st be submitted! 'Wlith each q[11larteJrBy ~report and grant payment req[ues~.

NAViGATION IMPROVEMENT PROJECTS -100% Project§ must di!rectly impJ!"ove 1111.avigation of District watern. Channel marking, navigation haa:ards removal, and! ~regulatory signage pertaining to Distric~ wateJrS are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-bouse classroom and/or field trip class instruction. The funding cap us 25% of the a1111.nual (fa.scal year) allocatioiiD of ad valorem proceeds per county nnn which the grant is requested. Activity reports must be submitted with each quarteJriy report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usabRe by boaters and nonboaters. Funds may be used for' spoil islan«D and spoil area restoration affording boater recreation.

5

Page 54: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

.,

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-225C (Applicant)

Approval Date: September 10,2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as Kayak

Corps (WCIND Project No. M-225C) in accordance with the following project elements:

Development of Kayak Corps. including the purchase of 122 sit on top kayaks. accessories and trailer, which

will be used by volunteers to conduct quarterly surveys and clean ups within the blueway system of Manatee

County.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $13,000 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 55: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 56: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

~~

WEST COAST INLAND NAVIGATION DISTRICT

BY: c:lr ~ ~

Title

DATE:. ______ I_-_3 __ ~~J/ ______________ __

Title

DATE: __ ---11::>~\+-, 'J......L...\-\~do~\~0"""--------

3

Page 57: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shaD be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 58: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 59: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-226C (Applicant)

Approval Date: September 10, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as

Environmental Education Field Experiences CWCIND Project No. M-226C) in accordance with the following

project elements:

To provide educational materials and bus fees to transport students to Manatee County preserves in order to

learn practical subject matter in the natural field ..

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $25,000 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 60: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

....

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 61: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest: R.B. "CHIPS" SHORE

CLEW 0~ THE CIRCUI\ L BY: l~ E l~'il.-• Deputy Clerk

WEST COAST INLAND NAVIGATION DISTRICT

BY:Q~ ~

Title

DATE: ___ J_._-3_~_/_I _______ _

3

Page 62: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,;;,-.. ..• EXHIBIT "A"

DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval of WCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 63: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDffiONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiScal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiScal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 64: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-227C (Applicant)

Approval Date: September 10, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as Marine

Resources Law Enforcement Officer Program (WCIND Project No. M-227C) in accordance with the

following project elements:

Development of a specialized Marine Resource Officer program within the Manatee County Sheriff Office.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $66,523 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 65: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

~\ 5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C., WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 66: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

~~ Attest: R.B. "CHIPS" SHORE

CLE~ !HE cmcuiT coT BY: UulLR 2 \j(( ~

Deputy Clerk

WEST COAST INLAND NAVIGATION DISTRICT

BY: r:=:t~ &;:)

Title

DATE:_---'-/-~ .=..3_..,..-'-/'---l ______ _

DATE:_-J\~~..:;::;}~\"'-:J....L\..+-=~~~.-0:....__ ___ _

3

Page 67: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 68: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

., ... EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 69: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WlES'f COAS'f JlNLANJ[)) NA VJ[GA 'f.n:ON mS'fliUC'f

WC!NID WAl'lEJR.WAY DEVELOPMENT PROGRAM

JPJROJJEC'Jr AGJRJEEMEN'f

Contract No. M-228C (AppHcant)

Approval ][))ate: September 10, 2010 (WCJlN][)) Board)

WES'f COAS'f llNLANID NA VJ[GATITON IIHSTllUC'f, hereinafter referred to as "WCIIN][))," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," ftn pursuant of

a waterway development project approved under the WCllNIDl Waterway ][))evelopment Program, hereby

agree to the following terms anc:ll conditions.

li. 'Ibis Agreement shalll be performed in accordance with Chapter 3741.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCJIND Waterway lDieve!opment Program rules and

regulations, adopted by WCJlN][)) on November n, li990.

2. Tllne COUNTY agrees to implement the waterway development project !mown as 59th

Street/Warner's Bayou Boat Ramp improvements (WCIIND Project No. M-228C) in accordance with the

following project elements:

improvements i.ncluding reconstruction of docs, seawalls, launching ramp, dredging adjacent to the l.auncb,

parking lot, restroom facility and l.ighting systems.

3. l'be COlUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shaH complete the project on or before 365 days after the approval date. U the project is

not completed within thi.s time, WCINJ[} shaH withho!c:ll further payment and deny any further requests for

project approvals until the project bas been completed.

41. WCINJ]} agrees to obligate and make available to the COUNIT the approved project

amount of $3641,300 to be used for the project authorized. by this Agreement. The funds wm be ~released by

WCJlN][)) ei.ther in ftnstsUments or after completion of the project. WC:nJIID and COUNTY understand and

agree that there willl be no reimbursement of funds by WCllNID for any expenditure made prior to the

execution of the Agreement.

JForm #2, Effective ][))ate: :U-H-90

Page 70: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

§. JElftgibne and ineligible costs are established in IRule 66A-2.005, JF.A.C. , WC:IDID Waterway

ID>eve1opment Program, adopted by WCrnD om November 11, 1990.

6. The COUN1[1{ shaD retain an records supporting project costs for three (3) years after the

end of the fnsca~ year in which the final program payment was released by WCllNID>, or until final resolution of

any llitigation, clai.m, or audit that started prior to the expiration of the three year-record retention period.

7. WCrnD reserves the right to inspect the project as well as the right to audit any and all

financi.al records pertaining to the project at any reasonable time. This Agreement can be unibnterally

canceled by WCrnD should the COUN1[1{ refuse to allow public access to all documents, papers, letters or

other maternal made or received in conjunction with the Agreement pursuant to the provisions of Chapter

U9, lFlorida Statutes.

B. lif i.t becomes necessary for WCllNID> to demand a H"efund of any or all funds tendered

pursuant to thi.s Agreement, the COli.JN'lrY agrees to return sai.d funds to WCIND wi.thin sixty (60) days, with

interest from date of recei.pt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. U not

returned withi.n sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to tbi.s or any other project under WCllNID> administration shall be denied until the funds have

been returned.

9. lFollowi.ng recei.pt of an audi.t report identifying any reimbursement due WCllNID>, the

COli.JN'fY wm be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. lln the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCThiD funds under the WCIND Waterway Development program, the

COli.JN'fY agrees to i.mpose such fees uniformly among the users regardless of race, sex, age, religi.on or the

political jurisdiction i.n which the user may reside .

.ll.l. lEach party hereto agrees that it shall be solely responsible for the wrongful acts of its

employees, contractors, and agents. lH!owever, nothing contained herein shall constitute a waiver by either

psrty of ftts sovereign immunity and the limitations set forth i.n Section 768.28, Florida Statues.

2

Page 71: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

....... . --. 112. Charles W. lListowski, WCINID> Executive ]l}i.rector or his successor, is hereby designated as

WC][N])'s Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditnons and shall approve ani reimbursement requests prior to payment. 'll'he

COlUNll'Y shali appoint a lLiaison Agent, whose name and titRe shall be submitted to WC][N][} upon execution

of the Agreement, to act on behalf of the COUN'll'Y relative to the provisions of the Agreement. 'll'he

COUN'll'Y Uaison Agent shall submit signed project status reports to WCKND on a quarterly basis (due on

]l}ecember 31, March 311, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate informstion. Photographs shall be submitted

when appropriate to reflect the work accomplished.

113. lit shaH be the responsibiiftty of the COUN'll'Y to secure aU required permits.

141. 1rhe COUNTY shaH insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

115. WC][N]) and COUN1rY mutuslly agree to the following special terms and conditions

incorporated as part of tbfts Agreement: See Exhibit "A", Exhibit "B", and Exhnbit "C".

116. 'll'his Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the lBosrd of Commissioners of the West Coast l!n!and Navigation District.

KN WKTNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fsct executed by the respective parties on the dates shown below.

WES'll' COAS'll' INJLAND NAVIGATION mSTRJC'll'

BY:~ Title

]l}A1rE:_---:-_..;_/_-....;;;;3____;_·/~/ _____ _

Attest: IR.B. "CJH[][JPS" SlH!OJRE

cu:K mJE CillRC'UITv:rr BY: .i}A!(c ~

]l}eputy Clerk 'll'itle

]l}A1rE:---l!\..:::;:>:::....\\-.'1~\?-~o+\t"'-'JL..-____ _

3

Page 72: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEXIHIDJB]['II' "A" liJl][§JP>O§AJL OJF A§§JE'II'§ ACQ1UJIJIU:ID WITJH[ WC:IINID GlRAN'II' lFIUNID>§

IDfisposmll of 2SSe~s mcqunfiredl wft~lln WC:IINID grmnn~ funnndls (sunclln ms ~oolls, equnipmenn~, !Oomw, mo~ou-s, office funrnnfitunre, llmw ennforcemennt mnndl smfety equnnpmenn~ mRildl o~llnen- mmterimDs) sl!nmlli !Oe llnmnndllledl finn mccordlmnce wfi~lln ~llne follllowftnng provnsfionns:

Wllnenn repllacinng asse~s on- equnfipmenn~ acqunftiredl fin whoRe or in part unndeJr a WC:BJ.~ID gr~m~, tllne gn-anntee on- su!Ogrmnn~ee mmy unse tllne mssew on- ~he equnfipmen~ ~o !Oe replaced! as a trade-finn or seH! ~llne propelrty mnndl unse tllne proceedls ~o offse~ ~llne cost of tllne repHmcemennt propen-ty, sun!O]ed ~o tltne prior written mpprovmll ofWC:IINID.

Wllnen originmR or Irtei!)llmcemenn~ mssew on- equipmen~ acqunB.Jredl unnnder a WCIN1!)) gn-ant an-e (a) solldl (except ms autlhi.or~edl finn the preceding jpmrag~raph); (lb) no Honger mvaiHabie for unse finn a WC:IINID­spomloredlpn-ogram; (c) un~edl for punrposes not aWttDnorizedl by WCJ!:ND; on- (d) no !ongen- nneeded fon­the originaB pll"ojed or program or fon- other activities cWtJrrenntny or previoillsly SMJ!lportedl lOy WCIND, disposition of the 2Ssew wm be made as foll!ows:

Jl.. Assew mr items of equnnpment with a cunnent per-tnnit fairr market v~dune of Hess tlb.an $5,000J)0 may !be Iretainedl, sohR, on- otherwise disposed of without any J!'urthen­obligationn ~o WC:n:ND.

2. Asset§ orr items olf eqeipment wntllD. a Ctnll"'l"ent: per-unit fail!" market vaiue in excess of $5,000.0G may be retained Oil" sold! and! WCIND'S equity in the asset will be B"efundedl fin the same pll"oportion as WCINID'§ pmrticipation in the cost: based! on the cu~rn-enn~ market vaRue ow pB"oceeds fll'om smRe.

Tangibae property acquii'edl undeJr county pirojecw must be shown as property acqui~redl in ~be records for that project of the county. Also, that such property be available for audit o1r appropriate recording of disposfition of such property be readily available should the item or item.s be disposed of or are no ionger fin unse.

EXHIBIT "R" MATCHING FUND§ CERTIFICATION REQUIREMENT

lEach cmmty muns~ certify that ma~cining :lt"unll!lds n-eqUll.iiremennts wen-e met as per tBne appilicationn wl!neHD. ~bey ll'eqll!est l!>aymellllt.

4

Page 73: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

.... ,, ""' JEXJBI]]BIT "C" <GliJIDIELli:NlE§ 1I'O IDllElFJINlE JFl[JN]))li:N<G CO.NIDJITION§ IFOIR LAW IENFOIRCIEMIIEN'JI',

NA VJIGA1I'liON.IENVmONMIEN1I'AJL lEIDlUCATION.BOA'JI'li:NG §AIFlE1I'Y-lEIDlUCA1I'liON ANJl))

IRIECIRIEA 1I'JI ON

LAW ENJFORCIEM:EN1r- 100% AJR 11'11lmnrlls mUllst be Ullserlllfmr wsteirWaty Rsw enfmrcemennt. lFUllnnds sinallll be 1ll!sedl :lfmr majoll" ove!I"JinaUllR or major Il"epan!l"§. No :lfUllndlillllg foil" gene!l"all operntiollll a!llldl mati!llltenannce wm be appmvecl. AllR equi~meiiD.~ pul!"cllnasedl by competitive bid! m· as specified by eacin coullll~. The funding cap is 30% of tine ai!D.nnual (fiscaB yeall") anlocation of adl va!orem proceeds pe!l" coUllnty JiiiD. wllnlicBn tllle gll"atl!ll.t i§ ll"equested. (Jul!ll.e 2009 amel!ll.dedl by WCJI:NID JBoardl.) Activ:i.ty Il"eports m11lst be sUllbmitted wit:lll each quarteii"Ry !l"eport and g~ra!ID.t: payment reqjunest.

NA VJ[GATION l!MPROVEMIEN1r PR.OJ1ECT§- Jl.OO% Projects must directiy improve mavigat:ion of ][))istrict watell"S. Clnannel ma1rking9 navigatfi~n haza!'ds !l"emoval9 andl~reguAatocy signage pertaining to Distrid wate!l"§ are applicable to navigation fimpl!'ovement proje!Cts.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly Il"elate to waters of the Dist!l"ict. Curriculum must be established via in-bouse classroom. and/or flelcl trip class instruction. The funding cap is 25% of the annuaH (fiScal year) aliocation of ad valorem proceeds per county hu which the g~rant Ml ~requestoo. Activity reports must be submitted witllD. each quarte!I"Ky report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment D.s used for boatel!' education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be u.sed for fire/rescue equipment9 specifically for use in waters of the District. Funds may not be used foil" the operntion and maintenance of equipment nor facilities. Funds may be used f01r signage pertaining to safety and education of boaters at launching Jfacmties of the District. Activity reports must be submitted with each quarterly Ireport and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED JFunds may be used to construct: boat ramps. Funds may be unsed to rehabilitate boat ramps. lFunnds may be used for mau-iune l!'eCI!'eation pall"ks IIISable by boate!l"§ and nonboaters. lFunds m.ay be Ullsed foil" spoii island amll spoiR area ll"estmrat:ion afll'oll"ding boatel!" recreat:io!lll.

5

Page 74: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WlES'f COAST iNJLANID> NA V1J:GA'f.[ON D][§'fRD:CT

WCJIN][J) W A 'flEJR.W A Y ])JEVELOPMJEN'f IPROGJR.AM

IPJR.OJJEC'f AGREJEMJENT I

Contract No. M-215 (Applicant)

Approval Date: October 1, 2010 (WCD:ND Board)

WEST COAST INLAND NA VIGA'fiON DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

:fi.. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. 'fhe COUNTY agrees to implement the waterway development project known as City of

Anna Maria Lake La Vista Inlet Maintenance (WCIND Project No. M-215) in accordance with the following

project elements:

Dredge inlet channel and maintain jetty, utilizing beach disposal to improve channel navigation and increase

beach area.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

<a. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $149,500 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in in~taUments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 75: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,,

5. Eligible and ineligible costs are established in Rule 66A-2.005, lF.A.C. , WCllNID Waterway

Development Program, adopted by WC!N]) on November H, :n990. . 6. 'fhe COUN'fY shall retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. 'fhis Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. if not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction ~n which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 76: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. lListowski, WC:n:ND Executive ][)irector or his successor, is hereby designated as

WCJJ:ND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The .

COUNTY shall appoint a lLiaison Agent, whose name and title shall be submitted to WCIN][) upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. ']['be

COUNTY lLiaison Agent shall submit signed project status reports to WC:HND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. lit shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

iS. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners ofthe West Coast llnland Navigation District

!N WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST INLAND NAVIGATION DISTRICT

BY: __________________________________ _

Attest: Title

][)ATE: ________________________________ _

3

Page 77: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEX!EllBIT "A" Jl)JI§JPO§AJL OJF A§§JE']['§ ACQ1U1DRED WITJB[ WCJIN][)) GRAN'JI' IFUNID§

IDisposaD. of assets acqeired with WCIND grant funds (such as tools, equipment, boat§, m.ot01rs, office furniture, Haw enforcement and safety equipment, and other materials) shaD be handled! ftn

_accordance with the following provisions:

When replacing assets 01r equipment acquired in whole or in part undew a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to tlhe priow written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) us_ed for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or fow other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

]_. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 78: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,. ,.

JEXIBill!IUT "C" G1UIDE1LI!NJES TO DElFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

N.A VJ[G.ATJION, JENVJIRONMJENT.AJL JEID>UCATXON, JBO.ATilNG S.AFETY-JEDUC.ATilON ANID> JRJECJRJE.A Tli 0 N

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used f01r major oveirhaud Oil" majon- repairs. No funding for generaR operation and

· maintenance will be approved. All equipment purchased by competitive bici on- as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county nn which the grant is r-equest:eci. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment B"equest.

NAVIGATION IMPROVEMENT PROJECTS- 100% Projects must directly improve navigation of District waters. Channel marking, navigati~n hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-bouse classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used fo1r spoil island and spoii area restoration affording boater recreation.

5

Page 79: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-216 (Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRiCT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

:a. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as GWIZ The

Science Museum Water Workshop Program for Manatee County (WCIND Project No. M-216) in accordance

with the following project elements:

Manatee County 5th-8th grade student participation in Water Workshop, which teaches water resources,

water conservation and the impacts of pollution.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $21,360 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-H-90

Page 80: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. U it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. U not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCiND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

H. 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 81: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast !nland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST INLAND NA VIGA 'fiON DISTRICT

BY: __________________________________ ___

Attest: Title

DATE: ________________________________ __

Attest: R.B. "CHIPS" SHORE CLEU:::ffiCUIT Dt BY: f \ £A_

Deputy Clerk

3

Page 82: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shaD be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval of WCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a cunent per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded fin the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 83: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXIDBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valo~em proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quartedy report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarteriy report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat rnmps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil a~ea restoration affording boater recreation.

5

Page 84: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-217 (Applicant)

Approval Date: October 1, 2010 (WCIND Board)

WEST COAST INLAND NAVIGATION DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCIND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November 11, 1990.

2. The COUNTY agrees to implement the waterway development project known as Florida

Wing Civil Air Patrol Civil Air Patrol C.A.P. <WCIND Project No. M-21TI in accordance with the following

project elements:

Conduct flyovers of area waterways to enhance search and rescue effectiveness in the waterways of Manatee

County.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $10.500 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 85: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shaU retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the fmal program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its

employees, contractors, and agents. However, nothing contained herein shaU constitute a waiver by either

party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 86: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. It shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

Attest: R.B. "CHIPS" SHORE CLERK OF THE CIRCUIT~

BY: ~, ~ v~)\.£6 Deputy Clerk

WEST COAST INLAND NAVIGATION DISTRICT

BY: ______________________________ ___

Title

DATE: ________________________________ _

Title

DATE:----l\....,..!l!::::..\4-')....L....+\ ..:::::.!)6::.=..\~Q-'----------

3

Page 87: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whole or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval ofWCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 88: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT"C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT- 100% All funds must be used for waterway law enforcement. Funds shall be used for major 'overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiScal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 89: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST JlNLANJ[)) NA VJlGAUON lll!:S'TIUCT

WCJIND WA TEJR.W AY DEVELOPMENT PROGRAM

PROJECT AGRIEEMENT

Contract No. M-2l.8(Applicant)

Approval Date: October 1, 2010 (WCll'ID Board)

WEST COAST XNLAND NA VU:GATJION DliSTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCINID Waterway Development Program, hereby

agree to the following terms and conditions.

:D.. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November H, 1990.

2. The COlUNTY agrees to implement the waterway development project known as

United States Coast Guard Auxiliary Flotilla #83 Safe Boating Through Public Awareness <WCIND Project

No. M-218) in accordance with the following project elements:

Conduct public education programs in boating safety and related areas; Project will entail media and/or

equipment purchases which promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project appt:ovals until the project has been completed .

.:8. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $1,500 to be used for the project authorized by this Agreement. The funds will be released by

WCllND either in in~tallments or after completion of the project. WCllND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: H-11-90

Page 90: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. lElignble and ineligible costs are established in !Ruie 66A-2.005, lF'.A.C. , WCXN!I) Waterway

:Development Program, adopted by WCINID on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the . .

end of the fiScal year in which the fmal program payment was released by WC:n:N:D, or until fmal resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCXN!I) reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. If it becomes necessary for WCKND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. U not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

!0. l:n the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

:U. lEac~ 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 91: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

n. Chsrles W. Listowski, WCJIND Executive Director or his successor, is hereby designsted ss

WCJIJ'IID's Project Msnager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions sod shall approve all reimbursement requests prior to payment. The

' COUN'fY shsll appoint s lLisison Agent, whose name and title shall be submitted to WCJIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTir lLisison Agent shsll submit signed project ststus reports to WCIND on s quarterly basis (due on

December 31, Msrch 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other sppropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

B. .ll:t shall be the !l"esponsibility of the COUN'fY to secure all required permits.

1~. The COUNTY shall insure that all purchases of goods sod services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

115. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairmsn of the Board of Commissioners of the West Coast linland Navigation District.

!N WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST INLAND NAVIGATION DISTRICT

BY: __________________________________ ___

Attest: Title

DATE: ________________________________ _

Attest: JR.B. "C:m:F'S" §HORJE

CLERK OF !DE CIRCIUIT~wx

BY:\~t~ Deputy Clerk

Page 92: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEKIHDilBli'li' 66 A'' IDli§lP'O§AJL OlF A§§JE'JI'§ ACQll:.JmlED WIT'JI'JB[ WCTINID G~ lFl!JN][))§

DisposaB of assetts acqui~rerll w:Uth WC.I!..l'ID g~rani: fundls (sUllch as i:ooBs, equipment, lboaw, motoJrS, office fu~rnfii:Ullire, llaw eJIDfo~rcement and safery eqwpmeimt, anndl otb.e1r mate~riaB.s) shall lbe Dnaimdllledl iim

. accoJr~~mce with the foUowing p1rovisions:

When n-eplacing assets 01r equipment acquiJredl iim whoie 01r iiiD part unde1r a WCiND grnnt, tllne grantee 01r subgrantee may use the assets or tllne equipment to be replaced as a trade-inn or sell the propeniy and anse the proceeds to offset the cost of the JrepHacemmeimt p1ropeniy, SUllbject to tbe prio1r written approval ofWCJ!ND.

When original or ~replacement assets oJr equipment acquiJred under a WCIND grnnt aJre (a) soRd (except as authorized in the preceding paJragraph); (b) no ionger available for use in a WCIND­sponson-ed p1rogram; (c) Ull~ed for purposes not authorized by WCIND; ox- (d) no longe~r lllleeded foir the original project 01r program or foJr other activities cul'rently on- previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained on- sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the cunent market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be !'eadily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

4

Page 93: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,,

JEXJHIIDBIT "C" G1UID1EILJIN1E§ TO IDJElB'JINE JFlUN]]))J!:NG CONIDITli:ON§ lFOJR ILA W JENlFORClEMlEl'~~nr,

NA VJIGATION,JENVJIJRONMJENTAIL JEIDlUCA'li'liON,lBOA'li'ffiG §AJFJE'li'Y-JE:UJUCA'li'liON ANID RJECmEA 'li'liON

lLA W ENFORCEMENT- 100% All funds must be used foil" wateirWay law enfmrcem.enlt.

_lFunds shall be used fm· major overhaul! on- major Jrepairs. No funding for genen-ai operntli.on annd maintenance wm be appn-oved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds pel!" county fin whicin the grant is ~requested. (June 2009 amended by WC:n::ND JBoard.) Activity reports must be submitted with eaclln quarterly report and grant payment n-equest.

NAVIGATION IMPROVEMENT PROJECT§- 100% Pn-ojects must directly improve navigation of District waters. Channel marking9 navigathm hazards removal9 and regulatory signage pertaining to District: waters are applicable to navigation impi"ovement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fisca! year) allocation of ad valorem proceeds pei" county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaten and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 94: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST l!N1L.ANID NAVIGATION ])!STIDCT

WCIND WATERWAY :UJEVJEJLOIPMENT lPROGRAM

l?R.OJECT AGJREEMEN'f

Contract No. M-219(Applicant)

Approval ])ate: October 1, 20:D.O (WC]N]) Board)

WEST COAST KNLAND NA V1GAT!ON ])]:snu:CT, hereinafter referred to as "WCiNID," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCiND Waterway Development Program, hereby

agree to the following terms and conditions.

:n.. This Agreement shall be performed in accordance with Chapter 374.976, Flori.da Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November H, 1990.

2. The COUNTY agrees to implement the waterway development project lrnown as United

States Coast Guard Auxiliary Flotilla #84 Boating Education (WCIND Project No. M-219) in accordance

with the following project elements:

Conduct public education programs in boating safetv and related areas; assist the United States Coast Guard

as requested. Project will entail media and/or equipment purchases which promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project i.s

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project app~;ovals until the project bas been completed.

41. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $2,266 to be used for the project authorized by this Agreement. The funds will be released by

WCIDID either in in~tallments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective ])ate: H-H-90

Page 95: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

.,.

5. lEligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WC:DNID Waterway

IDevelopment Program, adopted by WCDND on November 11, 1990.

6. The COUNTir shall retain all records supporting project costs for three (3) years after the

end of the fiscal year an which the fmal program payment was released by WCIND, or until fmal resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WC:DNID reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WC:o:NID> should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

H9, Florida Statutes.

8. U it becomes necessary for WCIND to demand a refund of any or aU funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the §tate of Florida Administration Pool. [f not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

l.O. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

H. lEac~ 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 96: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

U. Charles W. !Listowski, WCJU'IID Executive ]])irector or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. 'fhe

COUN'll'Y shall appoint a !Liaison Agent, whose name and title shall be submitted to WCIDID upon execution

of the Agreement, to act on behalf of the COUN'JI'Y relative to the provisions of the Agreement. 'fhe

COUNTY !Liaison Agent shall submit signed project status reports to WCll'ID on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

].3. It shall be the responsibility of the COUNTY to secure all required permits.

14. 'fhe COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

!5. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: §ee Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners ofthe West Coast Inland Navigation District.

!N WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WE§'JI' COAST INLAND NAVIGATION DIS'JI'RJ[C'f

BY: ________________________________ __

Attest: Title

DATE: ________________________________ _

Attest: JR.B. "CHIPS" SHORE

CL~~IRCill~ BY. f

Deputy C!erk

Page 97: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,.

lEXIHilllBIT "A99

][))J[§JP'O§AJL OJF A§§JE'JI'§ ACQl[J][RJEID WJ['JI'JB[ WCliNID GlRAN'f JFUNID§

IDfisposall of assets acqannred WJidn WCliNID grant fnnds (snclln as tooHs, equipment, boats, motorn, office fwumitllllre, law enforcement and! safety eqll!lapnnemt9 and otHnex- materia!s) shaH! be llnau]l(Uedl in acc01rda11D.ce 'Witln the foUoWJing provisnons:

When Jre]j)lacing assets or equipment acqunh·ed nn whole or in part umler a WCIND g~rant, tl!J.e ga-antee or subgrantee may use the assets or tlhe equipment to be a-eplaced as a trade-in Oil" sen the property and! use the plt"oceeds to offset the cost of tllle Irepiacemennt pmperty, subject to tllle prio1r written appa-ovaR of WCIND.

When originall or replacement assets or equipment acquired undea- a WCIND gH"ant aH"e (a) solldl (except as authorized in the preceding pal!"agrapb); (10) no iongea- available foa- use in a WCINID­sponsored prog~ram; (c) u~ed for pu1rposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported! by WCIND, disposition of the assets will be made 2S follows:

1!.. Assets or items of equipment with a cur~rent peir-unit fair market value of less than $5,000.00 may be retained, sold, on- othei"Wise disposed of without any further obligation to WCIND. '

l. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the curn-ent market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit Oi"

appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application wlb.en they request payment.

4

Page 98: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEXlBilllBIT 6'C" GlUIDJEJLJINE§ 'JI'O IDlElFllNJE JF1[J'NIDJIN G COND :O:'JI'KON§ lFOR lLA W lENFORClE:MlEN'JI',

NA VJrGA1lllON, JENVIORONMJEN1l'AJL JEDUCA1l:U:ON, JBOA1rl[NG §AlFJE1I'Y-JEJI))UCA1lllON ANJl))

IRJECRJEA'HON

LAW ENFORCEMENT- 100% All funds must be used f01r watenvay law enf01rcement.

_Funds shall be used fmr major overhauli.R Oil" major r-epairn. No funding foir general! operntion amll maintenance wm be approved. All equipment purchased by competitive bid on- as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valoll'em pr-oceeds pell' county nn which the grant is ll'equestec:ll. (June 2009 amende~ by WC:HNJ[) Board.) Activity ll"eports must be submitte<ll with each quarterly Ireport and grant payment ll"equest.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of Distrid wateirS. Channel marking, navigati9n hazards removal, and regulatory signage pertaining to District wateirS are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is ll"equested. Activity reports must be submitted with each quarterly R"eport and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters ofthe District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboatern. Funds may be used for spoil island and spoil area restoration affording boater recreation.

5

Page 99: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WIEST COAST INLANID NA VIGATH:ON :nJ>:U:STR][C'f

WCll'IID W ATEJRW AY DEVELOPMENT JPJROGJRAM

!PROJECT AGREEMENT

Contract No. M-220 (Applicant)

Approval Date: October li, 2010 (WCINJJ) Board)

WEST COAST ][NLANID NAVIGA'f][ON ][}][STRICT, hereinafter referred to as "WC][ND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY,". in pursuant of

a waterway development project approved under the WC:u:ND Waterway Development Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCiND on November H, 1990.

2. The COUNTY agrees to implement the waterway development project known as Manatee

Sail and Power Squadron Classroom Equipment Project <WCIND Project No. M-220) in accordance with the

following project elements:

Conduct public education programs in boating safety and related areas; Project will entail media and/or

equipment purchases which promote these public benefits.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. if the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed .

.:8. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $650 to be used for the project authorized by this Agreement. The funds will be released by

WCKNJD) either nn in~tallments or after completion of the project. WCiND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: 11-11-90

Page 100: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established nn lRule 66A-2.005, JF.A.C. , WCJINID Waterway

ID>evelopment Program, adopted by WCINID> on November H, ll990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the rascal year in which the fmal program payment was released by WCINID>, or until fmal resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

i. WCINID> reserves the right to inspect the project as well as the right to audit any and all

fmancial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCiNID> should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

ll19, Florida Statutes.

8. H it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested i.n the State of Florida Administration Pool. ][f not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCDND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

llll. Eac~ 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 101: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

:D.2. Charles W. lListowski, WClll'ID Executive Director or his successor, is hereby designated as

WCINlDl's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of nts terms and conditions and shall approve all reimbursement requests prior to payment. The . .

COUNTY shall appoint a lLiaison Agent, whose name and title shall be submitted to WCIDID upon execution

of the Agreement, to set on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 3]., March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

:fi.3. ][t shall be the responsibility of the COUNTY to secure all required permits .

.U.<t. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCJIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See lExhftbit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Xnland Navigation District.

IN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

Attest:

Attest: JR.B. "CHIPS" SHORE

cu:~mcurr~ BY: . cev~~

Deputy Clerk

WEST COAST KNLAND NAVIGATION DXSTIUCT

BY: __________________________________ _

Title

DATE: ________________________________ _

3

Page 102: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,.

lEXIBlJDBli'JI' "A" Dli§JPO§AJL OJF A§§JE'JI'§ ACQillRJED WITJHI WCJIND GRAN'JI' lF10NID§

DisposmB of assets acquniired with WCKND girallllt funds (sunch as tools, equipment, bomts, motorn, office funirllllitnmre, lmw e~mfor-cement and safety equ.ipmeHnt, and other materials) shmlR be llnandiHed illll accowclance with tine following pwovisions:

When ~replacing assets ow equipment mcqu.iwedl in whole ow in part under a WCIND gll"ant, the gr-antee ow subgrantee may u.se the assets mr the equ.ipment to be ~replaced as a tracle-in or sen the piropen1y and use the pwoceecls to offset the cost of tllne weplmcemei!D.t JPI!"Operty, s111bject to the pri.oir written appmval ofWCKND.

When original ow l!'eplacement assets ow equ.ipment acqu.iB'edl umdel!' a WCIND gl!'ant al!"e (a) soidl ·, (except as authorized! in the preceding paragraph); (b) no Ionge!!" availabie for use in a WCIND­

sponso~red program; (c) u~ed for purposes not autb.oR'!zed by WCIND; or (d) no longer needed for the original project or- pu-ogram or foil' other activities currently or previousAy supported by WCIND, disposition of the assets will be made as follows:

11. Assets or items of equipment with a current pel!'-unit fair market value of less than $5,000.0() may be retained, sold, Oll' otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a cur~rent per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds fll'om sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds R'equirements were met as per the application when they ~request payment.

4

Page 103: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXIBimiT "C" G1UIDJEJLJINJE§ 11'0 IDEJFliNlE JF1UN][))J!NG COND JI'JI'JION§ JFOIR lLA W JENJFOIRCJEMIEN1I',

NA V!IGA'JI'JION, JENV!IRONMIEN'JI'AJL JE]))lUCA'JI'JION, !BOA'JI'JING §AJFJE1I'Y-JE]]))lUCA1I'JION AN]])

JRJECJRJEA 1I'JION

lLA W ENFORCEMENT- 100% All funds must be used for watenvay law e!Illforcement.

_lFunds shall be used f01r major overhaud OR' nnajou- ll'epanll'S. No funding foll' genel'ai opemtnollll amll maintenance wm be approved. All equipment purchased by cmnpetitive bid Oir as specified ll>y each county. The funding cap fis 30% of the annuaR (fiscal year) allocation of ad valorem proceeds pe1r coQ!Inty fillll which the gll'ant is requested. (June 2009 amended by WCJIND Boal!'dl.) Activity reports must be submitted with each qnarteH'ly report and grant payment u-equest.

NAVIGATION IMPROVEMENT PROJECT§ -100% Projects must directly improve navigation of District wateR'S. Channel marking, navigati~n hazards l!'emovru, and regulatory signage pertaining to District wateR'S are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom amYor field trip class instruction. The funding cap is 25% of the annual (fiScaH year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used foil' marine recreation parks usable by boaters and nonboaters. Funds may be used for spoil island and spoil area restol'ation affording boater recreation.

5

Page 104: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INJLANJ!)) NA VIGATH:ON JI)J[STJIUCT

WCINID WATERWAY lD>lEVELOPMJENT PROGRAM

PROJECT AGlRJEJEMJENT

ContK"act No. M-221 (Applicant)

AppK"oval lD>ate: Octobei" 1, 20].0 (WCThiD lBoaK"d)

WEST COAST !NILAND NA VIGATH:ON DISTRICT, heK"einaftei" K"eferred to as "WCINID," and the

Manatee County Board of County Commissioners, hereinafteK" refened to as the "COUNTY," in pursuant of

a waterway development project approved under the WCINID Waterway Development l?mgram, heK"eby

agree to the following teK"ms and conditions.

1. This Agreement shall be peK"formed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCINID Waterway Development Program rules and

regulations, adopterl by WCIND on November H, 1990.

2. 'fhe COUNTY agrees to implement the waterway development project knoWlll as United

States Coast Guard Auxiliary Flotilla #85 Boating Safety & Communication Equipment <WCIND Project No.

M-221) in accordance with the following project elements:

Conduct public education programs in boating safety and related areas; assist the United States Coast Guard

as requested. Project will entail communication equipment. media and/or equipment purchases which

promote these public benefits.

3. The COUNTY agrees to begin the pK"oject within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not complet~d within this time, WCIND shaD withhold further payment and deny any further requests for

project approvals until the project has been completed.

~. WCIDID agrees to obligate and make availlable to the COUNTY the approved project

amount of $2,266 to. be used for the project authorized by this Agreement. The funds will be released by

WC!ND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective Date: H-U-90

Page 105: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Elftgible and ineligible costs are established in lRule 66A-2.005, F.A.C. , WC:n:ND Waterway

Development Program, adopted by WCIDID on November 11, 1990.

6. 'JI'he COUN'JI'Y shall retain all records supporting project costs for three (3) years after the

end of the fJScaR year in which the final program payment was released by WCJL.ND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WC:DNID reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. 'JI'his Agreement can be unilaterally

canceled by WCJL.ND should the COUN'll'Y refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

U9, Florida Statutes.

8. U it becomes necessary for WCIND to demand a refund of any or an funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. l!f not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCl!ND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be aUowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

:i.O.. fu the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or !n part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction ~n which the user may reside.

U. 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 i.ts sovereign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 106: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

U. Charles W. Lftstowski, WCll\ID Executive ][))irector or his successor, is hereby designated as

WCllNIDl's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to paymenL 'fhe

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCll\ID upon execution

of the Agreement, to act on behalf of the COUNIT relative to the provisions of the AgreemenL 'fhe

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 311., March 311., June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

11.3. lit shaH be the responsibility of the COUNTY to secure all required permits.

1<8. The COUNTY shall insure that all purchases of goods and services for the accomplishment

ofthe project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

11.5. WCKNIDI and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

:U.6. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation DistricL

XN WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST mLAND NAVIGATION DISTIDC'f

BY: __________________________________ ___

Attest: Title

Attest: R.B. "CHIDPS" SHORE

::~~CIR:rvJL ][))eputy Clerk

Page 107: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

'<

lEXlBI:miT "A" l!J>J[§JP'O§AJL OJF .A§§JE'JI'§ ACQlUJIRlEID> WITlill WCJINID GJRAN1' llroNID§

ID>fisposai oJ!' assetts acqufired witlb! WC][N])) grant fwumds (such as tool!s, equipment, boatts, motoirS, office funnfiture, fiaw ellllforcement and safety equfipmei!D.t, amll other materials) shaH! be lhlalllldled fil!ll

. accordance wfitlb! the foHHowing provisiolllls:

When replacing assets or equipment acquired in wboB.e or in part under a WCiND grant, the gJrantee or subgrantee may use the assets oir the equipment to be replace~ as a trade-iim or sell the filroperty andl use the pmceeds to offset tl!ne cost of tfine ~replacement property, subject to the prioir written approval ofWCiND.

When original Oir repllacement assets Oir equipmellllt acquired! undeJr a WCIND grant are (a) soHd (except as authorized! in the preceding paragraph); (b) no ionger available for use in a WCIND-sponsored program; (c) u~ed for purposes not authorized! by WCIND; or (d) no longer needed foir the original project or program Oil" foir otheir activities currently or previously supported by WCIND, disposition ofthe assets will be made as follows:

JL. Assets or items of equipment with a curl!"ent per-unit fair market value of less than $5,000.00 may be retained, sold, OB' otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based! on the current market value or proceeds fB'Om sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be ~readily available should the item or items be disposed of Oil' are no longer in use.

EXHIBIT "B'' MATCHING FUNDS CERTIFICATION REQUIREMENT

lEach county must certify that matching funds requirements were met as per the application wDnellll they B'equest payment.

4

Page 108: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXIBilllBIT "C" G1UIDEJLTINJE§ TO ID>ElFTINJE JFUNID>J[NG CONIDITKON§ lFOR ILAW ENJFORCEMJEN'li',

NA VJIGA'li'KON, ENVJIRONMJEN'li'AIL EID>UCATKON, JBOA'li'J[NG §AJFE'li'Y-EID>UCA'li'KON ANID> JJ.U:CJREA'li'KON

ILA W ENFORCEMEN1r- 100% A!! funds must be 111sed foir watel!"Way law enfon-cemennt. Funds shall be 111sedl foir majol" ove~rlnaul o1r major repaiirS. No fwm.ding foir geneirall operntn011n allll(ll maintenance wm be app1r0vedl. All equipment ptuchased by competitive bidl or as specified by each county. The funding cap is 30% of the annnual (fiscaB year) allocation of ad valorem p1roceedls per county inn which the girant !§~requested. (J1me 2009 amended! by WCJIND .Boant) Activity Ireports must be submitted with each quartedy ~report and grant payment Irequest.

NAVIGATION IMPROVEMENT PROJECT§- 100% -. Projects must dirediy improve navigation of District wateJrS.

Channel marking9 navigation hazards removal9 and regulatory signage pertaining to Jl)istrict wateJrS are applicable to navigation impmvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiScal year) allocation of ad valorem proceeds per county inn which the grant is Irequested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used f01r classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed! on boats providing the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specifically for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usable by boaters and nonboaters. Funds may be used foir spoil island and spoil area restoration affording boater recreation.

5

Page 109: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST !NILAND NA VJlGA ']['][ON DHSTIUCT

WCmiDl WATERWAY ][J)EVEILOJPMENT JPROGJRAM

lPRO.ffiCT AGIREJEMJEN'f

Contract No. M-222C (Applicant)

Approvai][J)ate: September :D.O, 2010 (WCThiD Board)

WEST COAST JINILAN][J) NA VJlGATIION D:II:S'fRJ[CT, hereinafter referred to as "WCThiD," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCThiD Waterway ][J)evelopment Program, hereby

agree to the following terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 37<t.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCINlDl Waterway Development Program rules and

regulations, adopted by WC][NID on November n, :D.990.

2. The COUJNIT agrees to implement the waterway development project known as City of

Bradenton Beach Abandoned Vessel Removal Program (WCIND Project No. M-222C) in accordance with

the following project enements:

Removal of abandoned and derelict vessels in the area fOUth of Bridge Street in Bradenton Beach that have

become a threat to navigation, oublic health and safety.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shalll complete the project on or before 365 days after the approval date. U the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals untiR the project has been completed.

~. WCThiD agrees to obligate and make available to the COUNTY the approved project

amount of $25,000 to be used for the project authorized. by this Agreement. The funds will be released by I

WCThiD either in i.n~tallments or after completion of the project. WCThiD and COUNTY understand and

agree that there will be no reimbursement of funds by WCJIN][} for any expenditure made prior to the

execution of the Agreement.

lForm #2, Effective Date: H-H-90

Page 110: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,,

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WC][M} Waterway

Development Program, adopted by WCIND on November H, 1990.

6. The OOUNIT shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WC!NID, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WC:ITND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WC][N]) should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

U9, Florida Statutes.

8. H it becomes necessary for WCII:ND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCmD within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. !f not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCKND administB"ation shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WC!ND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. . ][n the event the COUNTY eRects to if!lplement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WC][N]) Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction .in which the user may reside.

H. 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 i.mmunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 111: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

U. Charles W. Listowski, WCDNID Executive Director or his successor, is hereby designated as

WCKND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve a!l reimbursement requests prior to payment. 'fhe

OOlU.NTY shaH appoint a Liaison Agent, whose name and title shall be submitted to WC.HNID upon execution

of the Agreement, to act on behalf of the COlUNIT relative to the provisions of the Agreement. 'fhe

COUNTY lLiaison Agent shall submit signed project status reports to WCn:NID on a quarterly basis (due on

Jl)ecember 3ll, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. !Photographs shall be submitted

when appropriate to reflect the work accomplished.

ll3. lit shall be the responsibility of the COUNTY to secure all required permits.

14,. 'fhe COlUN'fY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured i.n accordance with the provisi.ons of Chapter 287 of the Florida Statutes.

15. WCllNID and COUNTY mutually agree to the following special terms and conditions

incorporated as part ofthi.s Agreement: See Exhibit "A", Exhibit "lR", and Exhibit "C".

ll6. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast ll.nland Navigation District.

liN WITNESS WlfmlREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WE§'f COA§'f llNJLAND NA VIGAT!ON Dli§'fllUC'f

BY: ________________________________ __

Attest: Title

Attest: IR.B. "ClHIJllPS" §lH!OlRJE co CILEK::lllRCUIT~ BY: z \

Deputy Clerk Title

DATE: __ _..:.Q~\-:).&...\~, ;)c=~=....L..l)Lb....)"-------

3

Page 112: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

... ,r

lEmmBli'f "A" JI))J[§JPO§AJL OIF A§§JE'f§ ACQ1UHRIEID WJI'JI'JH[ WCKND GJRAN'JI' IFUND§

Jl))fts]{}osall of Msets acqunftredl wfttfut WCKND grannt fuundls (suncHn 2§ tooHs, equnipmennt, lboats, nnnotorn, office funru:nntunre, llaw ennfmrcemennt annd safety equ.i]{}menntt, au:nd otHner materiaHs) sllllall~ lbe Hnau:ndllled inn

_ accordlannce wfttHn tllne foll]owftnng provisiou:ns:

Wllnenn repRacftRng assets or ec:nunipnnnent acc:nmredl inn wHnolle or inn part unnnder a WC'IDID graD.¢, tl!ne grantee or subgranntee nnnay unse the Msets or tllne ec:nunipmennt to be l!'epiacedl 2§ a trade-inn or seBl tllne propell1y anndl u.se tHne pl!'oceeds to offset tllne cost of tllne replacennneu:nt property, S1Bib]ect to tHne prior written approvall of WCliN1Dl.

Wllneu:n originall or rephncemeu:nt assets Oil' eqju.ipnnnent acqunnredl unnndeir a WCIIND giraud are (a) solldl (except 2§ autb.orfizedl inn the pB"ecedinng l!larag~rapilll); (II>) nno Bonngel!' availlaii>De foB" U»se finn a WCKND­spou:nso~redl program; (c) ll!sed for purposes nnot autholl'izedl by WCIND; or (d) no longe1r llleed.ed for tllne mrigimd project or program mr foir otllner activities cunrirenntBy Oil" previouslly sunpported lby WCJ[N])), dispositionn of the assets willl be made as follows:

li. Assets 01r D.tems of equipmeBRt wftth a cunent per-unnit fai1r market value of lless tlluann $5,000.00 may be retained, soid, or otherwise disposed of without any further obligation to WC!ND.

2. Assets or items of equipment witlh a current per-unit fair market vaiue in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded ftn tllue same proportionn as WCIIND'§ participation nn the cost basecll mn the cunnent ma1rlket value or proceecis from sale.

Tangible propel1y acquired under county !PR"Ojects must be shown as property acquired in the ~records for that project of the county. Also, that such property be available foa- auciit 01r appropriate recording of disposition of such pB"'perty be B"eadily available should the item OB" items be disposed of or ax-e no longer in use.

EXHIBIT "lB" MATCHING FUNDS CERTIFICATION REQUIREMENT

lEach counu:nty must certify that matclllinng fmnds reqju.irennnents were met ru~ pea- the appHD.cationn wlluellll they request paymennt.

4

Page 113: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXJBimll'f "C" GUIDlElLJINJE§ 'fO DJEJFJINJE JFlUNDJING CONJI))ITllON§ lFOR lLAW JENJFORCJEMJEN'f,

NA VIIGA'fllON, lENVIIRONMJEN'fAlL lEDUCA'fllON, JBOA'fllNG §AJFJE'fY-lEDUCA'fllON ANID RJECRJEA 'fllON

lLA W lENlFORCJEMJEN'f- 100% Afill funnds rnrmst !be unsed fmr watenway llaw ennfOircemennt.

_JFmnds sllnallR !be unsed fmr majoll' ove!l'llnaunll Oil' major !l'epafi!l's. No funndlinng foil' gennell'all opernt:fionn ami mahntennannce wfill.ll !be app!l'oved. Ann equipment pull!l'cllnasedlby competitive lbfid Oil' as spedfied by each counnnty. 'fllle funndfillBg cap fis 30% of the allllnnUB.al (fiscan yeall') aHRocationn of ad vaio!l'em p!l'oceeds pel!' counnnty inn wllnficlln tllne grnnt fis Il'equnested. (Jfume 2009 amennded lOy WCll.ND JBoall'd.) Adivat:y !l'eports munst JOe sunlbmitted wfitlh eaclln I!Jlunarte!l'Uy !l'eport ami gll'ai!Bt paymennt !l'eq_unest.

NA ViGA'fiON :n::MPlROVJEMEN'f lP'ROJEC'f§ -100% Projects must dill'ectiy impmve navagationn ofiDfistrid watell'S. Challllne! markinng9 navigati~n llnazairds IremovaH9 and u-egunlatory signage pertaining to IDfist!l'lid watern are applicable to nnavigatimn impirovemennt pll'ojeds.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly R'e!ate to watei'S of the Distll'lid. Cun-riculum must be established vna in-bouse classroom and/or field trip cRass instmctioi!B. The funding cap is 25% of the annuaH (fascan year) aHocation of ad valorem proceeds pel!' county finn which the grant is wequestedl. Activity u-eports must ll>e submittoo witb each qunartel!'iy Il'eporrt and grant payment Irequest.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNIDED Fundls can be unsed foil' classroom equipment pll'oviding the equipment fis used for boatel!' education and boater safety programs. Funds can be used for equipment placed ow boats providing the boat is used for boater education and safety programs. Funds can be used for fire/!l'escue equipment, specifically for use fiw waters of the District. Funds may not be u.sed for the operation and maintenance of equipment nor facilities. Funds may be used! fow signage pertaining to safety and edtDcation of boaters at launchfing facilities of the District. Activity H"eports must be submitted with each quarterll.y !l'eport and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to constmct boat rnmps. JFunds may be used to rehabilitate boat ramps. lFumds may be used foil' marine H"eca-eation pa!l'ks ll!lsab!e by boatern awd momboateR'S. lFunds may be usecllfoll' spofiR is!and ami spoil area restoration aJffoirding boateR' recR'eation.

5

Page 114: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WJES'll' COAST INLAND NA VIGAT.H:ON mSTllUC'll'

WC:UND WATERWAY DlEVELOPMlENT PROGRAM

PROJECT AGREEMENT

Contract No. M-223C (Applicant)

Approval ][}ate: September l.O, 20.TI.O (WOND Board)

WJEST COAST INILAND NAVIGAUON l!l[S1l'JR1C'll', hereinafter referred to as "WCrnD," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCJI.N][} Waterway Development Program, hereby

agree to the following terms and conditions.

L This Agreement shall be performed in accordance with Chapter 37.:8.976, JF!orida Statutes,

and lRuiRe 66A-2, JFnorida Administrative Code, WC]N][} Waterway Development Program rules and

regulataons, adopted by WC]N][} on November U, R990.

2. 'll'he COlUN'll'Y agrees to implement the waterway development project known as Manatee

County Paddle Guide (WCINID Project No. M-223C) in accordance with the following project elements:

lUpdate and reprinting of the Manatee County Paddle Guide.

3. 'll'he COlUN'll'Y agrees to begin the project within six (6) months after the approval date of

till is Agreement and shall complete the project on or before 365 days after the approval date. [f the project is

not completed within this time, WC]N][} shall withhold further payment and deny any further requests for

project approvals until the project has been completed .

.:!l. WC]N][} agrees to obligate and make available to the COUNl'Y the approved project

amount of $li5,000 to be used for the project authorized by this Agreement. The funds will be released by

WC]N][} either in installments or after completion of the project. WCJI.N][} and COlUN'll'Y understand! and

agree that there willl be no reimbursement of funds by WC]N][} for any expenditure made prior to the

execution of the Agreement.

lForm #2, Effective ][}ate: 11-H-90

Page 115: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. lEiigill>le and ineiigib!e costs are established in !Rule 66A-2.005, RA.C. , WCKNID> Waterway

l!)evelopment lP'rogram, adopted by WCIDID on November H, ].990.

6. The COUNTir shall retain ani records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCHND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCKND reserves the right to inspect the project as well as the right to audit any and ail

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WC.[Nl!) should the COUNTY refuse to alllow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, JFiorida Statutes.

3. ll.f it becomes necessary for WC.[Nl!) to demand a refund of any or all funds tendered

pursuant to this Agreement, the Ci(J[JNIT agrees to return said funds to WCKND within sixty (60) days, with

interest from date of receipt through date of return oJf the funds at the same rate which would have been pai.d

during said period for the funds if tlltey have been invested in the §tate oJf Florida Administration lP'ooL ll.f not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCINIDl administration shall be denied unti.l the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WC:u:ND, the

COUNTY will be alRowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

:n.o. nn the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WC:u:ND funds under the WCKNJ[) Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or tllte

poUtncal jurisdiction in which tine user may reside.

H. lEach party hereto agrees that fit shall be solely responsible for the wrongful acts of its

employees, contractors, and agents. lBI:owever, nothing contained herein shall constitute a waiver by either

party of ftts sovereign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 116: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. CbarRes W. Listowski, WC][NID lExecutive Jl)lirector or his successor, !s hereby designated as

WC][NJI)l's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCKND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. 'lrbe

COUN'lrY Liaison Agent shall submit signed project status reports to WC][NJI)l on a quarterly basis (due on

liJiecember 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of compfietion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

n. ][t shall be the responsibility of the COUNTY to secure all required permits.

141. The COUNTY shall finsure that all purchases of goods and services for the accomplishment

of the project sbali be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WC][NJI)l and COUN'lrY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See lExh!bit "A", lExbibit "B", and lExhibit "C" .

.TI.6. Tillis Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast ][nland Navigation liJiistri.ct.

][N WHNJES§ WJHIJEIU:OF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WlES'lr COAST ][NJLANJI)l NA VllGAUON liJi][§'lrJR][C'lr

BY: __________________________________ __

Attest: Title

JI)A'lrlE: ________________________________ __

Page 117: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEXlBiffiiT "A'' DJI§JPO§AJL OJF A§§JE'JI'§ ACQlf.J1mJED WJim WCJINID GRAN'JI' JFUN]))§

Dfis!llosall of assets 2C'Jluniire<ll WJittDn WCJINID g~rannt funnn<lls (sunclm as ttoolls, e()l!llfi!llmenli, ll>oats, mottoirS, offi~Ce funirnnfitun~re, iaw ennfoR"cemeunt ~anndl safetty equnipmennt, atllld ottllneir matterialls) slllaDD be Dnaun<lllledl nlll 21CCOirdannce wfit!m ttllne follllo'Wiung ][>IrOVJisfionns:

WI!B.eun Ire!llllatcnlllg assets oir e'llunfipmenntt atiC<J[unniredl in wllnolle oir iun !llatrt !llllD.dleir a WCJINID g~rant, time g~ranntee Oir sunbgmi!D.tee may unse tllne assets oir ttllne e()l!llfi!Pme!llltt tto be Irepllacedl as a tiradle-illl oir selll tllne IPirO][>erty anndl unse ttllne pmceeds to offset tllne cost of ttlne Irepllacemenntt !lllrO][)erty, sull>ject to the prioR" writttenn appirovaD ofWCJINID.

Wllnenn orignlllall oir Ire!llllat~CemeiiDt assets oR" e()lunfi!llmennt atiC()Iunniredl unllD.dleir a WCJINID giraxntt mire (a) soHdl (eue!lltt as aU!ttllnoirfizedl finn ttllle pirecedlfinng pa~rag~raplln); (lb) nno DollD.geir avafillahlle foir unse ftnn a WCJINID­S!llonnso~redl !llirOgiram; (!C) uns_e<ll foir punir!llOSes nnot auntllnomedllby WCJINID; or (dl) no Dolllgeir nneedledl foR" ttllne oirfigftnaH I[)Iroject oir p1rog~ram oir foR" otllll.eir actfiVlities ICunirirellD.ttlly oir pirevfiouslly sup!llorte<ll !by WCl!NIDl, dlftsposftttnonn of ttllne assets wm be made as fofillows:

11. Assets oir ftttems of e()lunfipnnnennt: mtlln a ~Cunnennt IPeir-unnnnt fafiir mairkett vallune of Hess ttllll.ann $5,000.00 may !be Iremilllledl, solldl, Oir ottllne!r'Wftse dlisposedl of mthouit anny fu.rtineir olblligationn tto WCliNID.

2. Assets oir ftttems of e()lunipmennt 'Witlln a cunnenntt l[)eir-unnnnt faiir mmirket vallune finn excess of $5,000.00 may !be Iremftnnedl Oir sofidl anndl WCJINID'§ equity ii!D. tine asset wm !be Irefumdedl finn ttllne same p~roportnoiiD as WCII.NID'§ !llatm!Cft!llationn fii!D. ttine ~Cost based! onn ttllne cunnenntt mairlk.d vafiune oir !llirOcee<lls fmm satfie.

'JI'angfill>Re JPirOperty 21C<JlaHRJredl UR!lD.deir counnntty pirojects munstt !be sllnow!lll as piroperty aC'J!Ullh·e<ll fin tDne Irecoirdls :lf01r that p~rojed of tDne coUlluntty. AHso, tDnatt sunclbt piroperty be availablle foir aundlfitt Oir appll"opriate ~recording of dlisposntimn of sunclln !llirO][)erty ll>e IreadlliHy avaDB.able shoulld tllne B.tem oir lit:ems !be dlfispose<ll of Oir aire nno Dmngeir finn wse.

JEX1HilllBIT "JB" MA'JI'CJH[][NG FlUNID§ CJEIRTIDCATJION REQUIREMENT

JEaclln counDll.tty munstt cemfy ttllnat matcMung fUl!Dllds IrequnfiiremeDllts weire met ats peir tllne appllficatnoDll. wlbtenn ttllney Ire()lunest paymennt.

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Page 118: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXlHDillUJI' "C" GlUIDlEILliNJE§ 1'0 IDlElFIINlE lFlr.JNIDIING CONIDK'll'li:ON§ JFOIR ILA W JENJFOJRCJEMJEN'll',

NA VJIGA'll'KON, lENVJIIRONMIEN'JI'AIL lEIDUCA'JI'KON, JBOA'JI'IING §AJFJE'][1{-JEIDUCA'JI'J[ON ANID IRJEC:IRJEA 'JI'J[ON

ILA W lENJFOIRClEMIEN'll' - JW®% AllH ft'unnndl§ mun§t be un§edl foJr wateirWay Haw ennfo~rcement. JFunmll§ dJ.aRH be un§edl fo1r majoR' ovell'haunn oJr major ~repanll'S. No funnding fo~r genne~ran opernttnonn anndl mahntennannce wm be appmved.. Ann equnfipmennt pun~rdn2§edl by com~ettntive bidl Gil' as specftJffiedt lOy each counnnty. 'll'Hne funnndlftng cap n§ 30% of tHne annnnunan (fi§can yeall') annocation of adl vaRoJrem pmceedts pe1r coll!nnty nnn wHnncHn tHne grannt ns ~requnestedl. (Junnne 2009 amenndled by WCJ[NID lBoall'd..) Acttnvftty ll'epom munst be sunbmnttedl wfttHn eacRn qunartell'lly ll'eport amll gll'al!llt paymennt R'equnest.

NA VJIGATKON llMIP'JROVJEMEN'li' lP'lRO.ffiC'li'§ -100% IP'~roject§ munst «<fill'ectHy nmpll'ove nnavftgationn of IDJi.stll'ict watell'S. CHnannnneH marlkli.nng9 nnavftgati9nn ln27laJrds ll'emovan, aJmdlll'egunBatory sftgmage pemlinnling to IDftstrid watell'S are appiicab!e to nnavligationn ftmpll'ovemennt p~rojects.

lENVIRONMENTAIL lEIDUCATIJ:ON PROJJECT§ -100% Munst d.ill'ectny ll'eftate to watern of tHne IDftstrict. Cll!nicWllum nnm§t be eshlblisboo vfta Ji.l!ll-l!wunse cBusroom anndl/oll' fnelld trip dass inst~ructiol!ll. 'll'be funding cap fts 25% of tHne annnunaR (fiscan yea1r) aHocationn of adl valorem proceed§ pell' cou.mty finn wllnich the gll'ant fts requnestedl. Acltivftty ~reports munst be sunbmnttedl wJi.th eaclln qunartell'Hy ~report al!lldl grant paymennt ~requnest.

BOA'JI':n:NG §AFE'lrY ANID lE.DHJCATKON- 50% MA'JI'CJB[ JFUNIDJEID lFunmBs can be unsedl fm· ci2§smom equftjpmennt pmvidJi.HD.g tHne equJi.pment fts unsedl foil' boaten- erlluncatnonn and boaten- safety 1!1ll'Ogll'ams. Fun«<s can be u.sedl fon- eqWlipment placed onn IOoats jpR'OvJi.dlinng tllne boat fts used foil' boateJr edlucationn an«< safety progl!'ams. JFu.nds can be used foil' fnn-e!Jrescu.e eqMipment, specificaHB.y fon- unse unn watei!'S of the Dustrict. lFumds may not be unsedl for tHne open-ation al!lldl mafinteuumce of equipment noll' faciBities. lFW!nds may be IBsedl fon- signnage pertainning to safety anndl edlu.cattnon of boatelt'S at llaunBlclhing facmnes of the District. Activftty n-eports must be suubmitted with eacin qll!arterHy ~report alllld grant payment l!'equ.est.

BOATING RECREATION- 56% MATCH F1UNDEID lFwum.dls may be uusedl to connstll'UBct: boat n-amps. JFunds may be uuserll to n-eHnalbilitate boat rnmps. JFuunndls may be uuserll fon- marinne n-ec~reattnonn pall'Iks uusabHe by boateR'S anndl nnonnlOOatell'S. JFmndls may be unsedl foil' Si!)oftn ftsHand al!lldl SI[>OftH area Testoll'attllonn affon-dinng ooaten- Jrecll'eatiol!ll.

5

Page 119: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WJEST COAST JINJLANID NA V:U:GAUON :UlH:STllUCT

WCIDID WATIEJRWAY ]))JEVJELOPMIENT PlROGJRAM

PROJECT AGJRIEIEMIENT

Contract No. M-22.:SC (Applicant)

Approval ]))ate: September 10, 20:!.0 (WCIDID Board)

WJEST COAST :n.NLAND NA VIGA'f:n:ON ]))][STJIUCT, hereinafter referred to as "WC][N]))," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of .

a wsterway development project approved under the WC][N])) Waterway ]))evelopment Program, hereby

agree to the followftng terms and condi.tions.

1. This Agreement shaRI be performed in accordance with Chapter 37<S.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WC][N][} Waterway Development Progrsm rules and

regulations, adopted by WCIO'IID on November H, 1990.

2. The COUNTY agrees to implement the waterwsy development project lrnown ss Shoreline

Marine Life Survey at Robinson Preserve <WCIND Project No. M-224C) in accordance with the following

project elements:

Continuation of quarterly surveys at Robinson Preserve encompassing a variety of different data collection

techniques including seine, dip and bag netting, line fishing, sight-line observation, water quality testing and

chemistry and plankton trspping.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. B.f the project is

not completed within this time, WC!ND shall withhold further payment and deny any further requests for

project approvals until the project bas been completed.

4. WC][N])) agrees to obligste sod make available to the COUNTY the approved project

amount of $15,000 to be used for the project authorized by this Agreement. The funds will be released by

WC][N][)) either in installments or after completion of the project. WCBND and COUNTY understand and

agree that there will be no reimbursement of funds by WCliND for any expenditure made prior to the

execution of the Agreement.

Form #2, Effective ]))ate: 11-11-90

Page 120: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. l!Wgible and ineligible costs are established i.n lRule 66A-2.005, F.A.C. , WC~ Waterway

Jl)levelopment !Program, adopted by WC][N]) on November 11, 1990.

6. The COUN'JI'Y shall retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the final program payment was released by WC:[NJI)l, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WC][N]) reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WC:IDID should the COUNTY refuse to allow public access to aU documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

:U9, Florida Statutes.

g. JIJ it becomes necessary for WC][N]) to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY mgrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. Kf not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WC][ND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WC][N]), the

COUN'JI'Y will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due .

.H.O. Jln the event the COUNTY elects to implement a user fee system for any public facilities

funded in whoie or in part by WC][N]) funds under the WC][NJI)l Waterway Jl)levelopment program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

llll. lEach party hereto agrees that it shall be so!ely responsible for the wrongful acts of its

employees, contractors, and agents. IHlowever, nothing contained herein shall constitute a waiver by ei.tber

party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statues.

2

Page 121: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCKND .!Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve aU reimbursement requests prior to payment. The

OOUNTY shall appoint a lLiaison Agent, whose name and title shall be submitted to WC:RN][) upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY lLiaison Agent shall submit signed project status reports to WCRND on a quarterly basis (due on

][)ecember 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. lit shall be the responsibility of the COUNTY to secure all required permits.

:8.4. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIDID and COUNTY mutuaily agree to the following special terms and conditions

incorporated as part of this Agreement: See !Exhibit "A", !Exhibit "B", and Exhibit "C".

:H.6. This Agreement shaiH become effective on the date of the signature of the Chairman or Vice-

Chairman ofthe Board of Commissioners of the West Coast Inland Navigation District.

liN WITNJES§ WHEJREOJF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respecti.ve parties on the dates shown below.

Attest:

Attest: IR.B. "CJH[][JP§" SIH!OIRJE

CJLE~CUI'n'v:;£ BY: G ~

Deputy Clerk

WEST COAST liNILAND NAVIGATION DISTRI!CT

BY: __________________________________ _

Title

][)ATJE: ________________________________ _

Title

][)ATJE:,_----l\Li::l:o:J14\_'J-'-\~, 0!,~)\~(.)J------3

Page 122: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEmffi][1I' "A" IDJ[§JP'O§AJL OIF A§§JE1I'§ ACQlUJrnJEID WITH WCJI.NID GlRAN1I' JFllJND§

]))ft§posall o:lf assets ac4Jlud~rerll Wlitlln WCJI.NID g~ramtt funHllrlls (sundn as tools, e'l)1!1DJ!lmmeHllt, boa1:s, mmo1:o~rs, office :lfuniriiD.itunire, llaw emtfoircemennt annrll safety e'l)unipmennt, amtrll otilneir mateR"iaBs) si!J.aRR be ilnaHll(!lled fin acco~rrllannce Wlitlln tllne foDDowlinng l[lmvisfionns:

WllneHll Irel!l!acRing assets Oir e'l)unipment ac4Jlunfi~rerll fin wDnoDe oir fimt part wmdeir a WCJI.NID g~rant, tDne g~ranntee oir suH>gll"~m.tee may use tllne assets or the e4Jlunipmennt to ll>e !l"eplacerll as a tirade-in Oir seBD tDne p1roperty and! unse dne l!lll"Oceedls to offset tllne cost o:lf tllne !l"epllacement pll"OI!leniy, sunbjed to tllne pll"fioll" written approvaD of WCli.NID.

When oll"figfinai Oil" !l"epllacement assets Oil" e'l)unfipment ac4J1uiwedl unHll.dleir a WC:ll:NID g!l"ant aire (a) soRrll (except as aundno!l"Dzerll in the preceding pa!l"agrapb.); (b) no Hongell' available for use in a WCJI.NID­sponsored pll'Ogram; (c) unsed for purposes not autho!l"Dzedl by WCINID; o1r (d) no Yonger- needed foil" the originaH pmjed Oil" pll'ogmm or foil" otlbte!l" adhitfies cun!l"'l"entHy oir p~reviouslly SU!JI!lOn1erll by WCIND, disposition of the assets wiD be made as fo!lows:

1. Assets Oil" fitems of equipment wntDn a cunnent pe~r-umit faia- market vaiue of !less tb.al!ll $5,000.00 may be retail!llerl!, sollrll, or otherwise disposed of without any f1!1rther­ob!ngatfiomt1:o WCKND.

2. Assets oir fitems of equipment witl!n a cunent pe!l"-unit fai1r market value in excess of $5,00®.00 nnay be ~retained 01r soRrll andl WCJI:N])l'§ equity in the asset wilD be Irefundledl finn tl!ne same propomon as WCI!N])'§ partficipatitonn in the cost based! on tile CiBirrent mal!'ket vaiue or proceeds from saRe.

1I'angibie propelrty acqunnll"ed under county p1rojects must ll>e shown as property acquired in the r-ecords fo1r that project of the county. Also, that such l[lroperty be available foil" audit Oil' appropriate recording of disposition of siBcb. l!l!rOPerty ll>e n-eadily available should the item on- items ll>e disposed of Oil" aH'e no Yonger- in use.

EXHIBIT "B" MA1I'CmNG FUND§ CERTIFICATION REQUIREMENT

lEaclln comnty m.ustt certify tlbtat maicb.D.Hlg :lfunlll!dls n-equnin·emelll!ts were met as pel!" tb.e appB.icatiol!ll wllnenn tllney Il"e4Jlunest payment.

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Page 123: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXIBimiT "C" GlUIDJElL:II:NJE§ TO DlEJFllN1E JFlUN]):II:NG CONIDffiON§ JFOJR lLAW JENJFOJRCJEMJEN1r,

NA VJIGA1rll0N, lENVJIJRONMJEN]'AJL lEDUCATllON, JBOA1r:n:.NG §AJFJETir-lEDUCA1rllON ANID JRIECJRIEA1rllON

lLAW IENJFOJRCIEMIEN'll' -1100% ABH lfundls munst !he unsed! lfmr watenway llaw enlfoll"cement. JFunundls sllnallll !he unsed! fo1r majo1r ove~rlllaul Oil" majo!l" Il"epaftll"S. No lfunndlfi~m.g foil" genell"ai operntioun aundl maintenance wm be approved!. ARB equipment plllrclluased! by competitive IOfidl Oil" as specified lOy eaclbt co111unty. ]'llne Jfunmlliung cap is 30% of tllne anunll!aR (fnscall yeair) allllocatioun olf ad! valoll"em p!l"oceedls pe1r counimty nun wllnnclln tllne g~rant fis ~requested!. (June 2009 ameimdledl by WCHNID Board!.) Actftvfity !reports munst be submfittedl wfitlln eadn quarteirlly !l"eport and ga-ant payment Il"eqjuest.

NA VIGAYION IMPROVEMIENT PROJJ1EC1r§ -100% lPirojects must dli~rectHy D.mpl!'ove Imavigatioun of .District watell"S. CharmeR marking, navigation inaza~rd!s ~removal9 a!ID.d ~regunlatmry signage pertaining to District watell"S are applicable to Bunvftgation improvement pll"ojects.

ENVIRONMENT AlL EDUCATION PROJECT§ -1100% Mu.st directly ~relate to waters of the District. Curriculum must be established via in-house classroom anri/m· ftie!d trip class instruction. The fu.mHng cap fts 25% of the amman (fll§call yea1r) a!Hocation of adl valorem p1roceeds pel!" counl!llty fin which the grant is !l"equesteri. Activity !l"eports munst be submntted! wnth eaclln I!Jlunarte~rlly Il"epon1 and grant payment Il"equest.

BOATiNG SAFETY ANID EDUCATION- 50% :MATCH FUNDED Funds can be used! for classroom eqjuipm.eunt p1roviding the equipment is used for boatel!" eduncation and boater safety programs. Funds can be used! fmr equipment placed! on boats provfiding the boat is used fo1r boateD" education and safety programs. Funds can be used for :fire/Jrescue equipment9 specificaiHy foil" unse in waters of tile District. JF-undls may not be used for the operation and! maintenance of equipment noi" facilities. Funds may be used f01r signage pertaining to safety amR edu.cation of boaters at launching facilities of the District. Activity reports mtllst be submitted with ea<elln qunarterlly ~report and grant payment requnest.

BOATING RECREATiON- 50% MATCH FUNDED :!Funds may be UJsed! to construct boat ll"amps. IFunds may be unsedl to ~rehabilitate boat rnmHJIS. lFunds may be Ullsedl foil" marine Jrecireatimn pairlks unsabRe by boatell"S and nonboatell"S. JFunnds may be unsedl foil" spoill ns!andl aimd sponR a1rea Il"estoiration affording boater rec~reationn.

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Page 124: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NAVIGATION DISTRICT

WCIND WATERWAY DEVELOPMENT PROGRAM

PROJECT AGREEMENT

Contract No. M-225C (Applicant)

Approval Date: September 10,2010 (WCIND Board)

WEST COAST INLAND NA VIGA1riON DISTRICT, hereinafter referred to as "WCIND," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCiND Waterway Development Program, hereby

agree to the following terms and conditions.

L This Agreement shall be performed in accordance with Chapter 374.976, Florida Statutes,

and Rule 66A-2, Florida Administrative Code, WCIND Waterway Development Program rules and

regulations, adopted by WCIND on November H, ].990.

2. The COUNTY agrees to implement the waterway development project known as Kayak

Corps (WCIND Project No. M-225C) in accordance with the following project elements:

Development of Kayak Corps, including the purchase of 122 sit on top kayaks, accessories and trailer, which

will be used by volunteers to conduct quarterly surveys and clean ups within the blueway system of Manatee

County.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. If the project is

not completed within this time, WCIND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

4. WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $13,000 to be used for the project authorized by this Agreement. The funds will be released by

WCIND either in installments or after completion of the project. WCIND and COUNTY understand and

agree that there will be no reimbursement of funds by WCIND for any expenditure made prior to the

execution of the Agreement.

./Form #2, Effective Date: U-11-90

Page 125: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C., WCIND Waterway

Development Program, adopted by WCIND on November 11, 1990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCIND, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCIND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

119, Florida Statutes.

8. :B:f it becomes necessary for WCIND to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the State of Florida Administration Pool. If not

returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to this or any other project under WCIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCIND, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. In the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCIND Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

11. 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 and the limitations set forth in Section 768.28, Florida Statues.

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Page 126: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

12. Charles W. Listowski, WCIND Executive Director or his successor, is hereby designated as

WCIND's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCIND upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCIND on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

13. Rt shall be the responsibility of the COUNTY to secure all required permits.

14. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIND and COUNTY mutually agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhibit "A", Exhibit "B", and Exhibit "C".

16. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast inland Navigation District.

m WITNESS WHEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST INLAND NAVIGATION DISTRICT

BY: __________________________________ _

Attest: Title

DATE: ________________________________ _

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Page 127: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXIDBIT "A" DISPOSAL OF ASSETS ACQUIRED WITH WCIND GRANT FUNDS

Disposal of assets acquired with WCIND grant funds (such as tools, equipment, boats, motors, office furniture, law enforcement and safety equipment, and other materials) shall be handled in accordance with the following provisions:

When replacing assets or equipment acquired in whoie or in part under a WCIND grant, the grantee or subgrantee may use the assets or the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the prior written approval of WCIND.

When original or replacement assets or equipment acquired under a WCIND grant are (a) sold (except as authorized in the preceding paragraph); (b) no longer available for use in a WCIND­sponsored program; (c) used for purposes not authorized by WCIND; or (d) no longer needed for the original project or program or for other activities currently or previously supported by WCIND, disposition of the assets will be made as follows:

1. Assets or items of equipment with a current per-unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of without any further obligation to WCIND.

2. Assets or items of equipment with a current per-unit fair market value in excess of $5,000.00 may be retained or sold and WCIND'S equity in the asset will be refunded in the same proportion as WCIND'S participation in the cost based on the current market value or proceeds from sale.

Tangible property acquired under county projects must be shown as property acquired in the records for that project of the county. Also, that such property be available for audit or appropriate recording of disposition of such property be readily available should the item or items be disposed of or are no longer in use.

EXIDBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

Each county must certify that matching funds requirements were met as per the application when they request payment.

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Page 128: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

EXHIBIT "C" GUIDELINES TO DEFINE FUNDING CONDITIONS FOR LAW ENFORCEMENT,

NAVIGATION, ENVIRONMENTAL EDUCATION, BOATING SAFETY-EDUCATION AND RECREATION

LAW ENFORCEMENT -100% All funds must be used for waterway law enforcement. Funds shall be used for major overhaul or major repairs. No funding for general operation and maintenance will be approved. All equipment purchased by competitive bid or as specified by each county. The funding cap is 30% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. (June 2009 amended by WCIND Board.) Activity reports must be submitted with each quarterly report and grant payment request.

NAVIGATION IMPROVEMENT PROJECTS -100% Projects must directly improve navigation of District waters. Channel marking, navigation hazards removal, and regulatory signage pertaining to District waters are applicable to navigation improvement projects.

ENVIRONMENTAL EDUCATION PROJECTS -100% Must directly relate to waters of the District. Curriculum must be established via in-house classroom and/or field trip class instruction. The funding cap is 25% of the annual (fiscal year) allocation of ad valorem proceeds per county in which the grant is requested. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Funds can be used for classroom equipment providing the equipment is used for boater education and boater safety programs. Funds can be used for equipment placed on boats pmviding the boat is used for boater education and safety programs. Funds can be used for fire/rescue equipment, specificaiiy for use in waters of the District. Funds may not be used for the operation and maintenance of equipment nor facilities. Funds may be used for signage pertaining to safety and education of boaters at launching facilities of the District. Activity reports must be submitted with each quarterly report and grant payment request.

BOATING RECREATION- 50% MATCH FUNDED Funds may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. Funds may be used for marine recreation parks usabHe by boaters and nonboaters. Funds may be used for spoil island and spoil area restoration affording boater recreation.

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Page 129: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST ][NJL.Al'ffil NA VlJ:GAUON mS1I'RIC1I'

WClND W ATEIRW A Y ]J)JEVJELOPMJENT PIROG RAM

lP'ROJJECT AGREEMENT

Contract No. M-226C (Applicant)

Approval ][))ate: September 10, 20:D.O (WCINJ[)) Board)

WEST COAST ][NJLA..NJ[)) NA VJ[IGAUON Jl))].STJR][CT, hereinafter referred to as "WC].NJ[))," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUN1I'Y," in pursuant of

a waterway development project approved under the WC][NJ[)) Waterway Jl))evelopment Program, hereby

agree to the foHowing terms and conditions.

1. This Agreement shall be performed in accordance with Chapter 37<11.976, Florida Statutes,

and lRuRe 66A-2, Florida Administrative Code, WC].NJ[)) Waterway Jl))evelopment lP'rogram rules and

regulations, adopted by WC][NJ[)) on November llll, 1990.

2. Tille COUNTY agrees to implement the waterway development project known as

Environmental Education Field Experiences (WCiNJ[)) lP'roiect No. M-226C) in accordance with the following

project elements:

To provide educati.onal materials and bus fees to transport students to Manatee County preserves in order to

learn practical subject matter in the natural field ..

3. 1I'he COliJN1I'Y agrees to begi.n the project within six (6) months after the approval date of

this Agreement and shall complete the project on or before 365 days after the approval date. lif the project is

not completed within this time, WC:ll.NJ[)) shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

<a. WC][NJ[)) agrees to obligate and make available to the COUNTY the approved project

amount of $25,000 to be used Jfor the project authorized by this Agreement. The funds will be released by

WC][NJ[)) either in installments or after completion of the project. WC][NJ[)) and COliJN1I'Y understand and

agree that there will be no reimbursement of funds by WC][NJ[)) for any expenditure made prim· to the

execution of the Agreement.

Form #2, JEffect~ve ][))ate: H-llll-90

Page 130: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCJINID Waterway

][))evelopment Program, adopted by WCIDID on November U, 1990.

6. The COlUNTY shail retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WC[N][)), or until final resolution of

any litigation, cianm, or audit that started prior to the expiration of the three year-record retention period.

7. WC[N][)) reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCJINID should the COlUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

U9, Florida Statutes.

3. [f it becomes necessary for WC[N][)) to demand a refund of any or all funds tendered

pursuant to this Agreement, the COlUNTY agrees to return sand funds to WCJINID within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds i.f they have been invested in the State of Flori.da Administration l?ool. [f not

returned within sixty days, the COUNTY understands and agrees that any further COlUNTY requests for

funding as to this or any other project under WCllNJI) administration shall be deni.ed until the funds have

been returned.

9. Followi.ng receipt of an audit report identifyling any reimbursement due WC[N][)), the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount i.dentified, or to return the amount due.

:D.O. [n the event the COlUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WC]N]JI funds under the WCJINID Waterway Development program, the

COlUNH agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

poli.tical jurisdiction in which the user may reside.

H. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its

employees, contractors, and agents. JH[owever, nothing contained herein shall constitute a waiver by either

party of i.ts sovereign i.mmunity and the limitations set forth in Section 768.23, Florida Statues.

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Page 131: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

ll2. Charles W. !Listowski, WCilNID !Executive Di.rector or his successor, is hereby designated as

WCJIND's lP'roject Msnager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms sod conditions and shaH approve an reimbursement requests prior to payment. The

COUNTY shall appoint a !Llaison Agent, whose nsme and title shsll be submitted to WCKNID upon execution

of the Agreement, to act on behalf of the C01UN1'Y relative to the provisions of the Agreement. The

COUNTY !Liaison Agent shall submit signed project status reports to WCKNID on a quarterly basis (due on

December 31, March 3:n, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

U. llt shall be the responsibility of the COUNTY to secure all required permits.

U. The COUNTY shall insure that all purchases of goods and services for the accomplishment

of the project shaH be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

i5. WCKNID and COUNTY mutuanly agree to the following special terms and conditions

incorporated as part ofthis Agreement: See !Exhibit "A", !Exhibit "B", and !Exhibit "C".

:n6. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners ofthe West Coast llnland Navigation District.

llN WllTNJESS WJHIJEREOF, this Project Agreement has been dated for convenience as the date

hereinabove first written, but i.n fact executed by the respective parties on the dates shown below.

WEST COAST llNILANJI)) NA VllGATllON JI))][§TllUCT

BY: __________________________________ ___

Attest: Title

DATJE: ________________________________ _____

Attest: R.B. "CIH!lllP§" S.IH!OIRJE

CLE~ClmT~ BY: C \t f9 ~ RA-

, Deputy Clerk Title

DATJE:_....!)~Q.._\+-n....~..\+--""g~o~~llo..d:):.__ _____ _

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Page 132: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEXJH[ffili1I' "A" Dli§JPO§AJL OJF A§§JE1I'§ ACQumJED WITIBI WCR:NID GRANT lF1DN.II))S

Dnsposan of asse1s acquired with WCR:NID grant fumdls (such as 1oolls, equdpmennt, 10oa1s, mo1orn, office funrnnlitunre, llaw ennforcemn.t a1md safety eq-uipme~mt, amll other materialls) shalli be ha~mdllledl inn accordlannce wntlllll:llne foRllowi1mg pro'VRsionns:

Wllnenn repllad1mg asse1s or equnipmenn11: acquniredl iw wllnolle or i1m !Pai1 un~m.dea- a WCJIN])) ga-a1mt:, the gra1m1ee or suabgm~mll:ee may unse t:Rne assets or 1llne equnipme~mt to be repnacedl as a 11:radle-inn on- senn 11:Rne property a1mdl unse tllne jp!Iroceedls to offse111:11D.e cos11: of tllne n-e!Pllaceme1mt pmperty, sill!Ojed to 11:llne prior wri11:1l:e1m ajpiprovall of WCR:NID.

Wllne1m origit~mall on- repllacemen1 assell:s or equnitpme~m11: acquain-edl unmller a WCR:NID gra1mt awe (a) solldl (except: as auntllnmuedl i1m 11:llne precedli~mg paragn-aplln); (b) 1m0 llonngen- availlab»e foil" unse inn a WCR:NID­sponnsoredl pn-ogram; (c) un~ed fon- punir!POSes nnot au11:1lnon-n7led by WCR:NID; or (dl) uno Ho1mger nneededl for 11:llne origli~mall !Pro]ed on- filrog~ram on- fon- otllnen- adnvlities cunne~mtHy on- pn-evioUllslly SU!filfilOJrll:edl by WCR:NID, dlfisposfitionn of tllne assets wm he made as follRows:

:n.. Assets on- fi1ems of e(jlnnipme~m11: will:l!n a cunne1m1 pe~r-un~mi11: fafin- man-lke11: vallune of Hess 1halm $§,000.00 may he n-etafi~medl, sonrll, or oll:l!nerwise dis!Posedl of withou1 anny funJrll:b.er oblligatimn to WC:n::J.'IIID.

2. . Assets or ill:ems of e(jluaipmenn1 will:lln a cunne1m1 pen--un~mfi11: fain- mmarke1 vaiue inn excess of $5,[email protected] may ll>e n-etahned on- solldl amll WCR:NID'§ equity i1m the asset wm be n-efunnnd.ed i1m 11:llne same propomonn as WCJIN][))'§ pamdpationn finn 11:Rne cos1 !based onn 11:1lne cunnenn11: nnnan-Iket vallune or proceeds fronnn salle.

1I'alllgilbBe pn-operll:y ac(jlunired unmllen- cm.11nn11:y pn-ojeds muns1 be shown as propell"11:y acquh·ec:D n1m the n-econ-c:Ds for 11:llna11: pn-ojed of 11:llne counll:y. Allso, tllna11: sunclln pll"operty be avaiBabD.e for audiit on­appropriate recordling of dlnspositio1m of such pn-opelrty be readily available sRnouRdl the ntem Oil" fitennns be clisfilosed of on- awe uno Hmngen- in llDSe.

lEXHmiT "lB" :M.A.. 1I'CJHillNG JFUND§ ClERTIF:n:CA 1I'XON JRJEQIDREM1EN1I'

lEaclln counnnll:y nnnunst cemfy 1llnat nnnall:cllninng funnnds JreG[unin-ennne~m18 wen-e me1 as pen- 11:llne appHicatio1m wllne1m 11:llney n-equnes1 paynnne1m1.

4

Page 133: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXIBilllBli'JI' "C" GlUIDJElLliNJE§ 'JI'O IDJEJFliNJE JFlUNID)JIN G CONIDITJION§ JFOIR lLA W JENJFOJRCIEMJEN'JI',

NA VliGA'JI'liON,JENVJIIRONMJEN'JI'AlL JEID1UCATJION, JBOA'JI'JING §AJFJE1I'Y-lEID1UCA1I'liON ANID JRJECJRJEA 'JI'JI 0 N

lLA W JENJFOJRCJEMJEN'JI' - HbO% AHll fUilundls mrmst be Ullse<ll fmr wateirWay llaw eunfmrcemeunt. lFumds sllnaDll be Ullsed fOir majoir ove~rllnaull oir majoir r-epaftirS. No fUilndftung foir geuneirall operntioun aundl maftunteunaunce wm be appmved. ADll eqmpmeunt pUilircllnased by competitive bftd or- as specftfned by each coUilunty. 'JI'llne fum.d!ung cap fts 30% of tllne aununUilall (fnscall yeair) aHnocatloun of a<ll vaRo~rem pmceeds peir couunty nun wllnftclln tllne g~rauni fts IrelJIUilested. (Julllle 2009 amellllded by WCliNID JBoa1rd.) Adivftty ~reports mUilstt he sUilbmntte<ll with eaclln (j!Uilarteirlly ~report aundl girant paymeunt Ireqtnest.

NA VU:GA'JI'llON JI:M!JPJROV1EMJEN1I' l?JROJJEC'JI'§ -li.O®% l?Irojeds mUilst dniredlly ftmpmve nav!gatioHD. of IDftst~rnct wateirS. Cllnallllrrnell ma~rlkliung, unav!gatB.~Hil llnaza~rds Iremovan, and ~regUilllatory slignage pertaiimnllllg to Jl)ftstrid waieirS aire appDicable to Hllavfigatiollll. ftmpirovemeunt pirojeds.

ENVIRONMENTAJL lEID1UCATllON PROJ:IEC'JI'§ -li.OO% MU!lst directBy ~reBate to wateirS of tllne District. CUilirricuiu.m munsi be estabnisbed vfta DI!D-llnmnse dass~room alllldlloir Jl'ieHd trip cBass B.nstrunctioi!D. 'JI'llne funding cap is 25% of the ani!DU!lall (fnscall yeair) allllocatimn of ad vallo~rem p~roceeds peir cm.nnty in wllniclln tllne girallllt fts IrelJIUilested. Activftty ~reports munst he sllllhmitted witlln eaclln qunarteirlly ~report aiiD.d g~rant payment Irequnest.

lBOA'JI'iNG §A.FJE1J.1[ ANID lElllUCATliON- 50% MATCJH[ 1F1UNlll!EJI) lFUilnds callll he UllSed foir cRassmom eqmpmen~ pmvfidJing tllne eqUilnpment is Ullsed foil" IOoateir edUilcatftmn a1md boateir safety prog~rams. lFunds can be used :lfoir equipment pllaced Ollll boats pmvndling the boat is used foir boatu edUilcation ami safety pr-ogr-ams. Funcls can be Uised foir fnrel!rescUile eqUilipmeni, specificalllly foil" UllSe hn waters oftbe District. lFmmdls may 1111.ot he unsed foil" tllne operation and maftntellll.aJmce of e~Juipment nor :lfacmties. lFmub may be Ullsed foir sftgnage pertaftiiD.ftng to safety aiiRd edUilcatiiollll of boateirS at DaUilllllcllnftng facilliitles of the District. Adnvity ~reports mUilst he sllllbmittedl witlln eaclln (j!UilarterRy ~report amll g~rant jpayment re'!uest.

BOATIJ.\TG RECREATION- 50% MATCJH[ JF'VNDlEID lFUiliiD.ds may be l!llsedl to coiiRStirud !boat rnmps. Fu!llds may he unsed to ~rehabilitate bmnt rnmps. IFU!lllllds may be Ullsed foir marilllle Irecireatliollll pairlks Ullsahlle by boateirS alllldl HllOIIll.ooateirS. lFUilllllds may be Ullsed foil" sjpoilll ilsialllld allll<ll spoftll airea restoiratiollll affoirding ooateir Irecireatiollll.

5

Page 134: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

,,

WlEST COAST :n:NLANJ[} NA VIGAnON ]J[STID.CT

WC]ND W ATJERW A Y ])JEVEJLOJPMENT l?lROGRAM

PJROJECT AGRJEJEMJENT

Contract No. M-227C (Applicant)

Approval ])ate: September :n.o, 2010 (WC]N]) Board)

WJEST COAST ]NJLAN]) NAV:U:GAnON DKSTJlUCT, hereinafter referred to as "WC[N])," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WC:n:N]) Waterway Development l?rogram, hereby

agree to the following terms and conditions.

:n.. This Agreement shall be performed in accordance with Chapter 37<t.976, Florida Statutes,

and Rule 66A-2, lFiorida Administrative Code, WC[N]) Waterway Development Program rules and

regulations, adopted by WC[M)) on November n, :ll.990.

2. The C01UN1!'Y agrees to implement the waterway development project known as Marine

Resources Law Enforcement Officer Program (WCIND JProiect No. M-227C) in accordance with the

following project elements:

])evelopment of a specialized Marine Resource Officer program within the Manatee County Sheriff Office.

3. The COUNTY agrees to begin the project within silx (6) months after the approval date of

this Agreement and shaH complete the project on or before 365 days after the approval date. [f the project is

not completed within this time, WCKND shall withhold further payment and deny any further requests for

project approvals until the project has been completed..

4i. . WCIND agrees to obligate and make available to the COUNTY the approved project

amount of $66,523 to be used for the project authorized by this Agreement. The funds will be released by

WC[N]) either in installments or after completion of the project. WC][NID) and COUNTY understand and

agree that there wil.l be no reimbursement of funds by WC[Nl!} for any expenditure made prior to the

execution of the Agreement.

lForm #2, Effective ])ate: H -11-90

Page 135: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. Eligible and ineligible costs are established in Rule 66A-2.005, F.A.C. , WCllJ'IID Waterway

Development Program, adopted by WC!MJ> on November 11, 1990.

6. The COUNTY shaH retain all records supporting project costs for three (3) years after the

end of the fiscal year in which the final program payment was released by WCllJ'IID, or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCIDID reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WC][ND should the COUNTY refuse to allow public access to all documents, papers, letters or

other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter

llll9, F!ornda Statutes.

8. ][f it becomes necessary for WC][ND to demand a refund of any or aU funds tendered

pursuant to this Agreement, the COUNTY agrees to return said funds to WCIND within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been pai.d

during said period for the funds nf they have been invested ftn the §tate of Florida Administration Pool. ][f not

Il'eturned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for

funding as to thlis or any other project under WCllNID administrati.on shall be denied untlil the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WCINID>, the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to retum the amount due.

:i.O. ][n the event the COUNTY elects to implement a user fee system for any public facilities

funded in whole or in part by WCIND funds under the WCINJ[) Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or tllle

poHticall jurisdiction in which the user may reside.

11. Eac~ 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 and the limitations set forth lin Section 768.28, Florida Statues.

2

Page 136: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

:D.2. Charles W. Listowski, WCIND Executive Director or his successor, i.s hereby designated as

WCINJ[}'s Project Mamnger for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNJ['Y shall appoint a lLiaison Agent, whose name and title shall be submitted to WCIDID upon execution

of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The

COUNn lLiaison Agent shall submit signed project status reports to WCJINID on a quarterly basis (due on

December 31, March 31, June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

ll3. [t shall be the responsibility of the COUNTY to secure all required permits.

1~. The COUN'JI1{ shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

15. WCIDID and COUNTY mutuaHy agree to the following special terms and conditions

incorporated as part of this Agreement: See Exhi.bit "A", Exhibit "lB", and Exhibit "C".

16. This Agreement shall become effective on tlile date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Rnland Navigation District.

IN Wl!TNESS WHEREOF, this Project Agreement bas been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WEST COAST RNJLAND NAVIGATION l!l[S1llRJ[C1l

BY: ________________________________ __

Attest: Title

DATE: ____ -A-------------------.-------

Title

DATE: __ _;·'Q~\-'-:J---'-\"'-'QQ\~~~=--")L.-..:.._ ___ _

3

Page 137: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEXJBIIDiliT'JI' "A" Jil[§JPO§AlL OJF A§§JE'JI'§ ACQli.JmE])) Wli'JI'l8I WCliNIDl GlRAN'JI' lF11JNli])§

]))ftsposan of a.sse~ mcqUllniredl Wlitlln WCliNIDl gn-mnntt fmnds (sunclln a.s ttoolls, equnfipmenntt, lOom~, mottoirS, office 1funnB.ttunre, Haw ennfo~rcement amll. smfetty equnpmentt, annd ottheir mmtteriaB.s) shanll be llnmnndHed fillD acconllannce Wlittlln ttllne foillowhng p1rovisionns:

Wllnenn IrepRacfinng msse~ Oir equllipm.ei!D.tt mcqunn~redl hn wllnolle oir fin part unnder m WCliNIDl g~rannt, ttllle g~rantee on- Sll!bg~rmnntee may unse tllne asse~ Oir tllne equnipmei!Dt to !Oe n-epiaced as a tirmde-inn Oir seHD tine p~ropelrtty annd use tllne piroceeds to offset tllne cost of tllne Irepllmcemennt p!rOJPeniy, sunb]ect to ttllne prioir written app~rovmll of WC:n::ND.

Wllnenn origfinmH oir Irepllacemennt assets Oir equnipment acqunn~red unndeir a WC.li:NID gu-ant are (m) solld (except as aunt~omed finn tlb.e preceding JParng~raplln); (b) nno llonngeir avmiRabRe Jfo1r unse Rlrn a WCJINID­sponson-ed program; (c) un~ed for purposes nnot muthorize<B by WCIND; or (d) nno ionger needed foir tllle original pl!'oject oir p~rogram or foir ottb.eir actiVJitDes cunirn-entHy Oil' prevfiounsDy Slllpporte<B !by WC:n::ND, dispositioi!D oll'the asse~ will !be mmde ms foHllows:

:D.. Assets Oil' fittems of equipmennt with m Clllll'll'ent peir-unit fail!' market value of less tllnann $5,000.00 may !Oe retained, soid, On' otlllell'Wise disposed of without any further obftigmtion to WC][N])).

2. Assets oa- items of equipment witlln a Cli!Irirent peir-unit fair market value in excess of $5,000.00 may be ll'etained oil' soRli anc:Y WCIND'§ equity in the asset will be refunded ftlln tllne same proportion as WCJINl!)'§ participation in the cost based on the Cli!Jrirenntt mairlket vmhlle Oil' pmceedls ffironnn smie.

Tangible property acq:uiired undeJr coumtty pll'ojects mll!st !Oe shown as property acquired in the ll'ecords for that project of the coUllnty. Aiso, tHnat suclln property be availabie fou- audit or appropriate recording of disposition of Sll!ch property be !'eadily available should the item or items be disposed of or are nno Honger in unse.

lEXHIBIT "B" MATCHING FUNDS CERTIFICATION REQUIREMENT

lEacin cmmty umnst certify tllnat nnatdling funnds reCIUilBirements we~re met as pea- the mppiicatnon wllnenn tbey Irequnest payment.

4

Page 138: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

lEX1HilllBll1I' "C" GlUIDIEILJINE§ 1I'O ]))JElFJINJE JFlUN]))JING CONDll'JI'llON§ lFOJR ILA W IENJFOJRCIEMIEN'JI',

NA VJ[ G A 1I'll 0 N, lENVmO NMIEN'JI' AIL JE])) U CA Tll ON, JBO A 1I'JIN G §AlFIE IT -IEID U CA 1I'll 0 N AND lRJEClRIEA 1I'll0 N

ILAW lENJFOJR.ClEMlEN'JI'- 103% AB.! fui!D.ds munst be unsed for wateirWmy Bmw eltll.lforcemerrnt. lFuniiD.ds slbtaBi be unsed for major overlbtaunR or major repairs. No funrrnd!iwg for geuneR"al opernti011n aiiD.d maiunteiiD.aiD.Ce wm. be atpl!lll'OVed. AnH equnipmerrnt nnl!ll'clhased! by competitive bid or as specified by each coUBnty. Tlbte funding cap is 30% of the ammal (fnscall year) aRnocatioltll. of ad va!oll'em proceeds pell' coumtty nun wlb!D.clbt tllne gll'mrrnt is re(fil!Bested!. (Junwe 2009 amended by WC:n:ND lBomird!.) Actnvfttty reports munst be submitted witlln emclbt qunmrtell'lly ll'eport mmll grant paymerrnt re(fll!Best.

NAVIGATION IMPROVEMENT PJROJEC'JI'S -100% Pll'ojects must directly impR"ove unavigatiorrn ofJI)ftsmct waters. Channel mairkii!D.g, l!D.avigati~n bmza~rds removal, and ~regun.Dmtory sngnage pertainiiiD.g to District waters mu-e applicable to navigation impl'ovemel!llt pll'ojects.

ENVIRONMENTAL EDUCATION PROJECTS -103% Must directly relate to waters of the District. Curriculum must be established via in-hoU~se classroom ami/or field trip ciass instnction. The funding ca11 ns 25% of the annuaH (iiscaU year) allocation of ad valorem pi"oceed.s per cmmty D.rrn which the grnnt is re«J!Ullested!. Activity reports ml!Bst be submitted with each quarterly report and. grant payment R"equest.

BOATING SAFETY AND EDUCATION- 50% MATCH FUNDED Fends can be used foll' classroom equipment pr-oviding tlbte equipment is used for boatel!' education and boater safety programs. Funds can be used fmr equipment placed on boats providing the boat is used foi" boatel!' education and safety programs. Funds can be used fou- fire/rescue equipment, specifically f01r use in waters ofthe District. Funds may not be used for' the operation and maintenance of equipment nor facilities. Funds may be used! for signage pertaining to safety and educatiow of boaters at launching fmciBities of the District. Activity !"eports must be SUibmitted with each quartedy ll'eport and grant payment request.

BOATING RECREATiON- 50% MATCH FUNDED Flllnd§ may be used to construct boat ramps. Funds may be used to rehabilitate boat ramps. lFl!Bnds may be ll!lSe~ foll' mmarine H'ecreati.mn park§ un.sable by boatei!'S and nonboaters. lF'umds may be 111sed foll' spoil island and spoil area restorntion affording boater i"eCB'eation.

5

Page 139: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

WEST COAST INLAND NA VIGAT:n:ON [)I]"S'f]R][CT

WCKND WATERWAY IDlEVELOl?MIENT PROGRAM

l?ROJECT AGJREEMIEN'f

Contract No. M-228C (Applicant)

Approval ][))ate: September :D.O, 20:D.O (WCJ!ND Board)

WEST COAST l!N1LANIDl NA VIGAT:n:ON mSTllUCT, hereinafter referred to as "WCllNIDl," and the

Manatee County Board of County Commissioners, hereinafter referred to as the "COUNTY," in pursuant of

a waterway development project approved under the WCllNIDl Waterway IDlevelopment Program, hereby

agree to the following terms and conditions.

:ft.. This Agreement shall be performed in accordance with Chapter 37'il.976, !Florida Statutes,

and lRu!e 66A-2, !Florida Administrative Code, WC][N][)) Waterway ])evelopment Program rules and

regulations, adopted by WCJIND on November H, :D.990.

2. The COUNTY agrees to implement the waterway development project known as 59th

Street/Warner's Bayou Boat Ramp ][mprovements <WCIND l?roiect No. M-228C) in accordance with the

following project e!ements:

][mprovements includi.ng reconstruction of docs, seawalls, launching ramp, dredging adjacent to the launch,

parking iot. restroom facHity and lighting systems.

3. The COUNTY agrees to begin the project within six (6) months after the approval date of

this Agreement and shaH complete the project on or before 365 days after the approval date. U the project is

not completed withnn this time, WC!ND shall withhold further payment and deny any further requests for

project approvals until the project has been completed.

'il. WCllNIDl agrees to obligate and make available to the COUNirY the approved project

amount of $36.:1),300 to be used for the project authorized by this Agreement. The funds will be released by

WCliN][)) either in installments or after completion of the project. WC][N][)) and COUNTY understand and

agree that there will be no reimbursement of funds by WCliN][)) for any expenditure made prior to the

execution of the Agreement.

JForm #2, Effective ][))ate: H-H-90

Page 140: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

5. JEHgible and ineligible costs are established in !Rule 66A-2.005, F.A.C. , WCJU'\ID Waterway

Ji])evelopment lProgram, adopted by WCIDID on November H, !990.

6. The COUNTY shall retain all records supporting project costs for three (3) years after the

end of the fiScal year in which the final program payment was released by WC[NJ[)), or until final resolution of

any litigation, claim, or audit that started prior to the expiration of the three year-record retention period.

7. WCDND reserves the right to inspect the project as well as the right to audit any and all

financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally

canceled by WCJU'\ID should the COUN1rY refuse to allow public access to all documents, papers, letters or

other materia~ made or received in conjunction with the Agreement pursuant to the provisions of Chapter

H9, Florida Statutes.

8. [f it becomes necessary for WC][N]) to demand a refund of any or all funds tendered

pursuant to this Agreement, the COUN1rY agrees to return sai.d funds to WCJU'\ID within sixty (60) days, with

interest from date of receipt through date of return of the funds at the same rate which would have been paid

during said period for the funds if they have been invested in the §tate of Florida Administration Pool. [f not

returned within sixty days, the COUN'fY understands and agrees that any further COUNTY requests for

funding as to tlllfts or any other project under WCJIND administration shall be denied until the funds have

been returned.

9. Following receipt of an audit report identifying any reimbursement due WC[NJ[)), the

COUNTY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the

amount identified, or to return the amount due.

10. [n the event the COUN1rY elects to implement a user fee system for any public facilities

funded in whole or in part by WCKND funds under the WCJU'\ID Waterway Development program, the

COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion or the

political jurisdiction in which the user may reside.

H. lEach 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 and the limitations set forth in Section 768.28, Florida Statues.

2

Page 141: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

U. Charles W. Listowski, WC:U:NIDl Executive IDlirector or his successor, is hereby designated as

WCJIN])l's Project Manager for the purpose of this Agreement and shall be responsible for insuring

performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The

COUNTY shall appoint a Liaison Agent, whose name and title shall be submitted to WCJIN])l upon execution

of the Agreement, to act on behalf of the OOUNTY relative to the provisions of the Agreement. The

COUNTY Liaison Agent shall submit signed project status reports to WCKND on a quarterly basis (due on

JDecember 31, March 3]., June 30, and September 30) summarizing the work accomplished, problems

encountered, percentage of completion and other appropriate information. Photographs shall be submitted

when appropriate to reflect the work accomplished.

B. lit shall be the responsi.bility of the COUNTY to secure all required permits.

U. The COl!JNTY shall insure that all purchases of goods and services for the accomplishment

of the project shall be secured in accordance with the provisions of Chapter 287 of the Florida Statutes.

].5. WC.ITNIDl and COUNTY mutually agree to the following special terms and conditions

!ncorporated as part of tbi.s Agreement: See lExhibi.t "A", lExhibit "B", and lExhibit "C".

].6. This Agreement shall become effective on the date of the signature of the Chairman or Vice-

Chairman of the Board of Commissioners of the West Coast Inland Navigation District

.ITN W.ITTNJE§§ WlillEJREOF, this Project Agreement bas been dated for convenience as the date

hereinabove first written, but in fact executed by the respective parties on the dates shown below.

WJE§T COAST XNLAND NA VIGAT.ITON JD.IT§TlRl!CT

BY: __________________________________ ___

Attest: Title

IDlATlE: ____ -r---------------------------

Attest: IR.B. "ClHilOP'S" SlHI.OIRJE

CLE~CmT&L BY: ~ \ ~

IDleputy Clerk v

Jl}ATE:_--"a\_;)~\-"J ....... \+",;)--=o-\O=------

3

Page 142: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEXJB[J[]BIT "A" ]J)JI§lP'O§AJL OJF A§§JE'JI'§ ACQ101IJlU:]J) WITlffi WCJIN]J) GRAN'JI' JF1UNID§

]J)ftsposall of assets aC(j]Wiredl wfttlln WCJIN]J) girannt funnds (sunclln as tooRs, e(j]unftpmennt, boats, motorn, office funirnnfitunire, naw ennfoircemennt amll safety e<nunipmennt, anndl othleir materiaRs) sllnaRn be llnanndllledl finn accoirdlance wfitlln the foRllowinng pn-oVJisionns:

Wllnen IrepHad.nng assets oir equnftpmennt ac(j]unftn-edl in wllnolle oir ftnn part unnndleir a WCXNID gn-ant, tllne giral!lltee on- sunbgiranntee may unse tllne assets or the equnftpmennt to be Irep!acedl as a tirade-inn on- sellR tllne pmpeirty aundl unse tllne proceedls to offset tllne cost of tllne n-epllacemeunt pn-opeirty, subject to tllne prioir written appmvan ofWCm.

Wllneun originan Oir n-epllacemeunt assets mr e(j]unftpment aC(j]Ullftiredl umdleir a wcm gn-aunt aJre (a) solldl (except as a11ldllOnizedl ftun tlhl.e J[Pirecedling pan-agn-apln); (b) I!D.O llounger avaiiablle fOir unse fin a WCJIN]J)­SI!JOHBSOJred pmg~ram; (c) un~edl foir punn-poses unot autllnomedlby WC:ffl~ID; on- (d) no HoHllgen- uneedled fon­tllie originaB pn-oject on- pn-og~ram 01r fon- otb.en- activities cunnentHy on- pn-evimxslly sunpportedl by WCKNID, disposfitftoun of tllne assets wftlli be madle as foYRows:

ll.. Assets on- fttems of e<nuipmeunt wfttlln a cunneHllt pen--unnnt fain- market v~due of ness tlllan $5,000.®® may !Oe n-etaftnnedl, sold!, on- othenvise dlisposedl of without any funrtilleir obligatioHll to WC][N])l.

2. Assets on- fttems of equipmeunt wfttb. a cunent pen--unut fafir man-ket vanue finn e:xcess of $5,030.®® may be retained! mr sold andl WCU:NID'S equity in the &Sset will be Jrefmndledl ftn tllne sam.e p1ropomon as WCJI]_'tffi)'§ pamcipatimn in the cost basedl on tllle cunnent ma~rlket vaH111e or pn-oceedls fn-om salle.

Tangible pi'opeirty acquired mulleR' counney I!Jirojects mUJ.st be shown as pn-operty acquired! in tllne l!'econ-ds for tlb.at pn-ojed of the county. AUso, that suclln pn-operty be available for audlfit on­appropriate recon-dlfing of disposition of such property be Ireadily available sboudd the item Oil" items be disposed of Oil' a~re nno !ongeH' fin use.

JEXHKBIT "IB" MATCHING JFUND§ ClERTIFICAT][ON lREQm:REMEN'li'

lEach coUJ.unty munst cemlfy that matching funnndls Ire(j]unftn-eme~mts wen-e met as pen- tllne appllftcatftoun wllReun tllney Ire(j]ll!est paymeunt.

4

Page 143: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

JEXJBI][JB]['Jr "C" GlUIDIEILITNJE§ 'JrO DIEJFITNIE JFUN]]))JING CONIDIT'JriTON§ JFO:IR ILAW IENJFORCIEMJEN'Jr,

NA VJ[GATION, IENVmONMIEN'JrAIL IEDUCA'JriTON, .lBOA'JrliNG §AJFIE'JrY-IEDUCA'JriTON ANID RIECRIEA 'JriTON

ILA W IENJFORCIEMIEN'Jr -103% Ann fr'uundls munst be unsedl fr'mr wateirWay naw eimfr'Oircemerrnt. lFumdls sllllanH !be Ul!sedl fr'oy- maj01r oveirlllaun! Oil" major IrepafiirS. No fr'umdfiimg fr'or gerrnemn opeiratllo!ID. allll.dl maft!ID.te!ID.a!ID.Ce wftllR ibe ajpipll"OVet:t ADR equnfijpim.errnt punirdnasedllby comn>etfttftve Ibid! or as spedfnedllby eacHn cm:nrrnty. 'JrHne fr'nmding cap fis 33% ofr' tHne aJtD.mmaH (fnscan yeair) annocatfto!ID. ofr' ad! vaioirem pJroceedls peir coumty irrn wllnncHn tllne giraimt fts Irequnestoo. (Jrunime 2039 ameimdled !by WCITNID lBoairdl.) Actftvftty Ireports munst be sunbmftttedl wfitlln. eaclln qunalrtell"lly Iren>olrt aimdl grnimt payment IrelJ!unest.

NA VB:GA'Jr][ON J[M][PROVJEMIEN'Jr lP'ROJriEC'Jr§ -100% lP'Irojects must dliJrtdHy nmpirove Imavigatftollll. ofr' IDfistirfict wateirS. Cllnamtel maJrlk!ing9 Imavngatft~rrn llnaza!l"ds IremovaH9 ann.d IregunHatory signage pell"tannftrrng to IDfistrid wateirS aire applicabRe to Imavigatfto!ID. nmpirOvemeimt pmjects.

IENVIRONMENTAJL lEDUCATliON PROJECT§ -100% Must dil"ectHy Irelate to watern of the District. CUllK"rictdum munst be estali>Yisb.edl via in-llnounse cnassroom andlloir fieHd trip dass illstnndimn. 'JrHne funding cap fis 25% of the ai!D.nu.an (fiscaD yeair) aaD.ocatD.OI!n of ad val01rem u>roceedls peir comnty finn wllnnclln the grant fis IreqJunestedl. Activity ~reports munst be su.bmittedl witlln eaclln qunalrteirHy Irejpiolrt and grant payment IreqJuest.

BOATING SAFETir AND lEDUCATRON- 5®% :MA'lrCJH[ JF101."'DJE:])l lFunds can be tDsedl foir cDassiroom eqiDipment pirovfidlhng the eqJUllfipment D.s used JfoJr boateir ed!Ullcatnonn. and! boateJr safety pirogirams. Funds can be u.sedl1foir equnipmellll.t pDacedl on boats pirovfiding the boat is used foK" boateJr edlucatftonn. and safety programs. Funds can be U!Sed. foir fare/rescue equipment, specificaiHy for use in waters of the District. JF'dlmds may not be unsedl1foir the operation ann.dl maintenalllce o1f equipment nor facilities. lFunds may be unsedl foir signage pertainn111g to safety ~mdl edlucatfton of boaters at llavmchD.ng facinntftes of the District. Activity Ireports munst be SUllbnnittedl witlln emclln quarteiriy Ireport and grant payment H"equest.

BOATING RECREATION- 50% MA'JrC~ FlUNDEID lFunnds may be usedl to cowtruct boat ll"am.ps. lFunds may be UEsed to Irehmbilitate boat rnmps. lFunnn.ds may be unsedl foir mmriH1le Ireueatftolll pmirks unsabBe by boateirs and nn.onboatern. lFunndls may be unsedl1foir spoiH isllsHJldl and! sponn a~rea H"estoiratftonn. affoirdni!D.g boateir Irecireatfion.

5

Page 144: MANATEE COUNTY FLORIDA ACCEPTING WEST COAST INLAND

SUBJECT

DATE REQUESTED

BRIEFINGS? Who?

MANATEE COUNTY GOVERNMENT AGENDA MEMORANDUM

Funding Agreements between County and West Coast Inland Navigation TYPE AGENDA ITEM District (WCIND) FY2010-2011

December 7, 2010 DATE SUBMITTED/REVISED

None CONSEQUENCES IF DEFERRED

12

Consent

November 30, 2010

~lay in Prqject in~i;pion 'f AUTHORIZED BY ~ J/ """""l,fd;~ ~u,"" DEPARTMENT/DIVISION Natural Resources TITLE

nie Hunsicke , rector

CONTACT PERSON Maggie Marr/ #4635

PRESENTER/TITLE Charlie Hunsicker, Director, TELEPHONE/EXTENSION TELEPHONEJEXTENSION Natural Resources/ #4601

ADMINISTRATIVE APPROVAL ;JZ;:!~ ACTION DESIRED

INDICATE WHETHER 1) REPORT; 2) DISCUSSION; 3) FORM OF MOTION; OR 4) OTHER ACTION REQUIRED

Adoption of Resolution R-1 0-212 accepting West Coast Inland Navigation District grants and Budget Resolution B-11-021, authorizing the Chairman to execute FY201 0-2011 agreements for the following projects, and designating the County Administrator or his designee as Project Liaison:

M-215 City of Anna Maria Lake LaVista Inlet Maintenance ($149,500) M-216 GWIZ The Science Museum Water Workshop Program for Manatee County($21,360) M-217 Florida Wing Civil Air Patrol Civil Air Patrol C.A.P. ($10,500) M-218 United States Coast Guard Auxiliary Flotilla #83 Safe Boating Through Public Awareness ($1,500) M-219 United States Coast Guard Auxiliary Flotilla #84 Boating Safety and Education ($2,266) M-220 Manatee Sail and Power Squadron Classroom Equipment ($650) M-221 United States Coast Guard Auxiliary Flotilla #85 Boating Safety and Communication Equipment ($2,266) M-222C City of Bradenton Beach Abandoned Vessel Removal Program ($25,000) M-223C Manatee County Paddle Guide ($15,000) M-224C Manatee County Shoreline Marine Life Survey ($15,000) M-225C Manatee County Kayak Corps ($13,000) M-226C Manatee County Environmental Education Field Experiences Program ($25,000) M-227C Manatee County Sherriff Office Marine Resource Law Enforcement Officer Program ($66,523) M-228C Manatee County 59th Street Boat Ramp Improvements ($364,300)

ENABUNGIREGULATING AUTHORITY Federal/State law(s), administrative rullng(s), Manatee County Comp Plan/Land Development Code, ordinances, resolutions, policy

Chapter 374 Florida Statutes West Coast Inland Navigation Distict

Rule 66A-2 Florida Administrative Code West Coast Inland Navigation District Governing Regulations

BACKGROUND/DISCUSSION

• Continued on Page 2 • .,. ... ~peo-n ,~ oPEN s'fSS\O'M ~r I'"'

COUNTY ATTORNEY REVIEW UEC 0 7 2.010

Check appropriate box co\IJ\';I!l\SS\ON~ "'"'i>.RO Of COU~N-N. fLOroDA

REVIEWED "" ... Maur.s;.-WI"'. -Written Comments:

D D Attached D Available from Attorney (Attorney's initials: ____)

D NOT REVIEWED (No apparent legal issues.)

fZ1 NOT REVIEWED (Utilizes exact form or procedure previously approved by CAO.)

D OTHER

F-

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AGENDA MEMORANDUM (continued) Page 2

ATTACHMENTS: (List In order as attached)

Resolution R-1 0-212

Budget Resolution B-11-021

\ /Y'o-1\e Please contact Pat Hennan (#4602) when agreements a exe d for

Two copies of fourteen (14) Agreements transmittal to WCIND-must be received prior to 12/10/10. Please forward electronic copy to [email protected].

WCIND Grants (Various) COST:

M-228C-591h Street Boat Ramp-­

$364,300- FBIP SOURCE (ACCT # & NAME): Florida Boating Improvement Program (FBIP)

COMMENTS: None

BACKGROUND/DISCUSSION {Continued from Page 1 ):

AMTJFREQ. OF RECURRING COSTS: (ATTACH FISCAL IMPACT STATEMEN1)

N/A

• The Board authorized submission of FY201 0/2011 applications (M-215 through M-221) to WCI ND on May 11, 201 0. M-222C and M-228C were submitted to WCIND on September 8, 2010 under the Grant Administration Policy (Resolution R-1 0-099).

• All of the projects were approved by WCIND at their September 10, 201 0 Board meeting.

Project Summary Information

Project M-215 "Lake LaVista Inlet Maintenance," a Navigation Improvement Project: $149,500

1) The Lake LaVista Inlet area requires periodic maintenance to remove sediment and maintain safe navigation. The high quality sand removed from the inlet will be placed on the adjacent beach to counteract erosion. The location of the spoil site is on the upland to the west of the inlet's jetty. This site was approved as part of the permit process.

Project M-216 "GWIZ The Science Museum Water Workshop Program for Manatee County," an Environmental Education Project:

1) Manatee County school children in grades 5 through 8 attend water resource and local ecosystem programs at GWIZ throughout the year at the GWIZ facility.

2) Total cost for the project is estimated at $53,645. $21,360 will be provided by WCIND with the balance provided by GWIZ.

Project M-217 "Florida Wing Civil Air Patrol, Civil Air Patrol C.A.P.," a Boating Safety and Education Project:

1) WCIND funds assist with fuel costs for flyovers of area waterways. These flyovers enhance search and rescue efforts and allow for radio contact with the United States Coast Guard.

2) Total cost for the project is $21,000. $10,500 will be provided by WCIND with the balance provided by CAP.

Projects M-218, M-219, M-220, and M-221 "United States Coast Guard Flotillas" and "Manatee Sail and Power Squadron," Boating Safety and Education Projects:

1) Each Flotilla and the Power Squadron work with the local United States Coast Guard and offers classes and safety checks to area boaters. Textbooks and equipment are purchased for use in these boater skills and general seamanship classes.

2) Funding by WCIND is as follows: M-218- $1 ,500; M-219- $2,266; M-220-$650 and M-221 $2,266.

3) Matching funds {50% of project cost) are provided by the applicant.

M-222C through M-227C are funded under the County Navigation Improvement Funds (CNIF) designation and require no matching funds. Project M-228C- 591

h Street Boat Ramp has a match in the amount of $364,300 and is provided from the FBIP funds.

Project M-222C - City of Bradenton Beach Abandoned Vessel Removal Program - $25,000

1) This program will provide for removal of derelict and abandoned vessels that have become threats to navigation as well as human health and safety. The area south of the Bridge Street Pier has accumulated a significant number of vessels that appear to be in a state of disrepair. Many of these vessels have no identifiable owner and are not being maintained in a seaworthy condition. The City has an existing abandoned vessel ordinance and the staff to enforce.

Project M-223C- Manatee County Paddle Guide- $15,000

1) This request is for funding for an update of the guide in 2012 and a reprint of an additional 1 0,000 copies. As of 2010, this publication is the Department's most popular offering, with an average of 30 guides sent out to individual requesters each month along with hundreds given out at various outreach events, festivals, and to local vendors such as canoe/kayak guides, dive shops, bait shops, etc.

Project M-224C- Shoreline Marine Life Survey- $15,000

1) This project continues the present survey occurring at Robinson Preserve. These surveys represent a partnership between Manatee County, New College of Florida (volunteer support), and the University of Florida (coordination and facilitation of

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AGENDA MEMORANDUM (continued) Page 3

surveys; data collection, processing, and presentation). Surveys are held on a quarterly basis and are one week in duration, encompassing a variety of different data collection techniques including seine, dip, and bag netting, line fishing, sight-line observation, water quality testing and chemistry, and plankton trapping. Reports generated from data collected are used to not only indicate the health of the system and success of a variety of commercially and environmentally important species but also in Departmental educational programs.

Project M-225C- EducationNolunteer Cleanups of Area Blueways- Kayak Corps- $13,000

1) Funds would cover 122 sit-on-top kayaks at $600 each, with an additional $150 to cover accessories (such as paddle, PFD, whistle, etc.), and a $4,000 allowance for a kayak trailer to carry the watercraft. Kayaks would be used by volunteers organized for this purpose under the "Kayak Corps" theme for (a minimum of) 4 yearly cleanups within the blueways promoted in the Manatee County Paddle Guide. In addition to these cleanup dates, the watercraft would also be used during the Department's regular paddle adventure programs which, thus far, were only available to participants who owned their own canoe or kayak.

Project M-226C - Environmental Education Field Experiences - $25,000

1) Designed to complement GWIZ's watershed-focused field trips, this program will give students the opportunity to learn practical subject matter in the natural field. Funding will support bus fees to transport students to Manatee County's preserves as well as material costs for a variety of experiential science-based field studies.

Project M-227C - Marine Resource Law Enforcement Officer Program - $66,523

1) Funds will initiate a specialized Marine Resource Officer Program within the Manatee County Sheriff's Office Marine Unit. This officer will enforce State Statutes and the Manatee County Ordinances and Code of Laws which include the Manatee Protection, Boating Safety, and Lost and Abandoned Vessel Ordinances, as well as state and federal navigational laws. This marine resource officer will patrol area waterways to enforce speed zones established for the purposes of boating safety and manatee protection, monitor the live-aboard vessel population, enforce marine laws with regard to marine sanitation, navigational lighting, vessel registration, mooring and/or anchoring, and inappropriate uses of public boat ramps. This officer will devote approximately 1,600 hours annually to on-the-water patrol, in addition to approximately 500 hours devoted to administrative duties and the prosecution of cases.

Project M-228C - 5gh Street (Warner's Bayou) Boat Ramp Improvements - $364,300

1) This boat launch facility improvement project involves waterside improvements (overseen by the Natural Resources Department) as well as upland improvements (overseen by the Parks and Recreation Department). The waterside improvements will include the reconstruction of the docks, seawall, and launching ramp to acceptable standards, correction of a steep angle at the top of the launch ramp, and dredging in the area adjacent to the launch. These improvements will provide for easier launching of boats and more durable and longer lasting docks. The upland improvements will include resurfacing of the parking lot, the construction of a permanent restroom facility and an upgrade of the parking lot and ramp lighting system. These improvements will allow for better traffic flow and improved safety and sanitation at the facility.

On May 25, 2010 Projects M-211 C thru M-214C, which require no local match, were approved by the Board of County Commissioners and the contracts executed by the Chairman. These are being listed for informational purposes as they are included in Budget Resolution No. B-11-021

Project M-211 C- Swim Zone Buoys - $10,000 1) The program will replace missing or damaged buoys that demarcate the boundaries between boating and swimming areas

at Manatee Public Beach and Coquina Beach.

Project M-212C- Manatee County Abandoned Vessel Removal- $50,000

1) This program will remove lost or abandoned vessels from the waterways of Manatee County that present a clear and present danger to waterway navigation, to public health and to safety.

Project M-213C- Navigation Signage- $50,000

1) This program is to replace damaged or missing channel markers and manatee protection speed zone signs that pose a threat to navigation and fall within the County's responsibility to maintain under Section 2-32 Manatee County Code of Ordinances.

Project M-214C- Sidescan Sonar- $15,000

1) Purchase a side scan sonar unit and associated software to be used to map artificial and natural reef formations, to ensure . that they do not pose a navigational hazard, and to allow for the detection and identification of submerged items in bays,

channels and shallow areas within Manatee County waterways.

This program has been transferred to the Natural Resources Department. The County Administrator has appointed Charlie Hunsicker, Director of Natural Resources, as the official WCIND Liaison. In accordance with Resolution R-10-099 adopted on June 8, 2010 the County Administrator has the authority to execute all of the sub-agreements and any other administrative documents associated with the WCIND program.