Florida Regulations 66A-2.0072: Project Administration
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The following constitutes the general requirements for the administration of the Program.
(1) Project Management. The Executive Director or his or her designee shall be the WCIND project manager responsible for monitoring the project agreements under the Program. The Executive Director or designated project manager shall also be responsible for approving all reimbursement requests. The Liaison Agent shall act on the member county’s behalf in carrying out the terms and conditions of the project and project agreement. Payment of project costs shall be reimbursed as provided for in this rule chapter and in the project agreement.
(2) Time Extensions. All project agreements require a project to be completed within one year from the effective date of the project agreement. The completion date may be extended for good cause upon written request of the member county. However, in no event shall the completion date be extended beyond three years following the effective date of the initial project agreement. Member county liaison agents shall submit a request for extension to WCIND no later than June 15 of fiscal year one or two of the approved project, whichever year is applicable, using Form No. 3, “”Project Extension Request,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12697. For purposes of this rule, “”good cause”” means an event beyond the control of the Member County, which prevents it from timely completing the project, including, but not limited to: acts of God (such as earthquakes, drought, fires, storms, and floods); war, hostilities, acts of terrorism, blockades or riots; strikes, lockouts, or other industrial disturbances; and title disputes, or other litigation. In review of time extension requests, the Board will take into consideration the current project status and progress, the nature of the causing event, and the ability of the member county to complete the project within one additional year.
(3) Failure to Timely Complete. If any project has not been completed within three years following approval of the project, all undisbursed Program funds shall no longer be encumbered for the project and WCIND shall place such funds into the member county’s CNIF. Nothing in this rule chapter prohibits the member county from re-applying to WCIND for new funding for the project in a subsequent WCIND budget-cycle following expiration of the initial project agreement. Projects that fail to timely complete shall not be eligible for funding during the next available off-cycle.
(4) Agreement Modification. Any requested changes in the scope of the project or amount of financial assistance from WCIND must be submitted in writing to WCIND. All proposed changes to the project agreement must be submitted to WCIND in writing by the member county’s Liaison Agent accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the Board, except that the Executive Director may approve a minor project agreement amendment which does not change the approved project’s category or the amount of financial assistance. Agreed changes shall be evidenced by a formal amendment to the project agreement utilizing Exhibit “”G”” of Form No. 2, “”Waterway Development Project Agreement,”” which is incorporated by reference in subsection 66A-2.003(3), F.A.C.
(5) Agreement Termination. WCIND may unilaterally terminate the project agreement for breach of its terms and conditions or noncompliance with the provisions of this rule chapter should the member county fail to cure the breach or remedy the noncompliance within thirty (30) days after receiving written notice. If the member county fails to cure the breach, WCIND may require the member county to refund all funds previously reimbursed under the project agreement. Additionally, upon written request by either party, WCIND and the member county may mutually agree to terminate the project agreement.
(6) Project Reporting. The liaison agent shall submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall be submitted on Form No. 5, “”Quarterly Status Report,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12699, by the 15th calendar day after the end of each quarter and continue throughout the length of the project period until completion of the project. A final project report shall be submitted with the certificate of project completion form and shall include at a minimum: project summary, photo of completed project, final cost, project benefits to the waterway and location address.
(7) Payment Requests. For all projects, requests for disbursement of WCIND funds shall be made using Form No. 4, “”Request for Payment Certificate,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12698.
(8) Project Inspection. Upon reasonable request, the WCIND project manager or his or her designee shall have the right to inspect the project and all records relating to the project.
(9) Project Completion. WCIND shall be notified of completion of a project by the submission of Form No. 6, “”Notification of Project Completion,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12700, signed by the liaison agent, and co-signed by either the County Administrator or the County Financial Officer.
Rulemaking Authority Florida Statutes § 374.976(2). Law Implemented 374.976(1)-(3) FS. History-New 3-3-21.
Terms Used In Florida Regulations 66A-2.0072
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) Time Extensions. All project agreements require a project to be completed within one year from the effective date of the project agreement. The completion date may be extended for good cause upon written request of the member county. However, in no event shall the completion date be extended beyond three years following the effective date of the initial project agreement. Member county liaison agents shall submit a request for extension to WCIND no later than June 15 of fiscal year one or two of the approved project, whichever year is applicable, using Form No. 3, “”Project Extension Request,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12697. For purposes of this rule, “”good cause”” means an event beyond the control of the Member County, which prevents it from timely completing the project, including, but not limited to: acts of God (such as earthquakes, drought, fires, storms, and floods); war, hostilities, acts of terrorism, blockades or riots; strikes, lockouts, or other industrial disturbances; and title disputes, or other litigation. In review of time extension requests, the Board will take into consideration the current project status and progress, the nature of the causing event, and the ability of the member county to complete the project within one additional year.
(3) Failure to Timely Complete. If any project has not been completed within three years following approval of the project, all undisbursed Program funds shall no longer be encumbered for the project and WCIND shall place such funds into the member county’s CNIF. Nothing in this rule chapter prohibits the member county from re-applying to WCIND for new funding for the project in a subsequent WCIND budget-cycle following expiration of the initial project agreement. Projects that fail to timely complete shall not be eligible for funding during the next available off-cycle.
(4) Agreement Modification. Any requested changes in the scope of the project or amount of financial assistance from WCIND must be submitted in writing to WCIND. All proposed changes to the project agreement must be submitted to WCIND in writing by the member county’s Liaison Agent accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the Board, except that the Executive Director may approve a minor project agreement amendment which does not change the approved project’s category or the amount of financial assistance. Agreed changes shall be evidenced by a formal amendment to the project agreement utilizing Exhibit “”G”” of Form No. 2, “”Waterway Development Project Agreement,”” which is incorporated by reference in subsection 66A-2.003(3), F.A.C.
(5) Agreement Termination. WCIND may unilaterally terminate the project agreement for breach of its terms and conditions or noncompliance with the provisions of this rule chapter should the member county fail to cure the breach or remedy the noncompliance within thirty (30) days after receiving written notice. If the member county fails to cure the breach, WCIND may require the member county to refund all funds previously reimbursed under the project agreement. Additionally, upon written request by either party, WCIND and the member county may mutually agree to terminate the project agreement.
(6) Project Reporting. The liaison agent shall submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall be submitted on Form No. 5, “”Quarterly Status Report,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12699, by the 15th calendar day after the end of each quarter and continue throughout the length of the project period until completion of the project. A final project report shall be submitted with the certificate of project completion form and shall include at a minimum: project summary, photo of completed project, final cost, project benefits to the waterway and location address.
(7) Payment Requests. For all projects, requests for disbursement of WCIND funds shall be made using Form No. 4, “”Request for Payment Certificate,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12698.
(8) Project Inspection. Upon reasonable request, the WCIND project manager or his or her designee shall have the right to inspect the project and all records relating to the project.
(9) Project Completion. WCIND shall be notified of completion of a project by the submission of Form No. 6, “”Notification of Project Completion,”” effective 2/23/21, which is incorporated herein by reference and available from https://www.flrules.org/Gateway/reference.asp?No=Ref-12700, signed by the liaison agent, and co-signed by either the County Administrator or the County Financial Officer.
Rulemaking Authority Florida Statutes § 374.976(2). Law Implemented 374.976(1)-(3) FS. History-New 3-3-21.