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Resolution No. 00-05 v RESOLUTION NO. 00-05 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE • UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Atlantic Beach, Florida Is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of The City of Atlantic Beach, Neptune Beach, Jacksonville Beach, Duval County and adjacent counties, and the State of Florida: Project Title Dutton Island Total Estimated Cost $ $250,000 Brief Description of Project: The project includes the construction of a public canoe launch facility, including stabilization for a drop off area, trail stabilization, a comfort station for boaters, and two small shelters to provide protection in stormy weather conditions. The project will be located on an Island commonly known as Dutton Island, owned by the City of Atlantic Beach, and surrounded by the waters of the Intracoastal water way. It will provide public access to the inland water • ways, and it will also have an additional Environmental Education component. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Atlantic Beach City Commission (Name of Agency) that the project described above be authorized, AND, be in further resolved that said City of Atlantic Beach (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Atlantic Beach (Name of Agency) illAND, be it further resolved by the Atlantic Beach City Commission (Name of Agency) 1 that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 • F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Atlantic Beach for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this • proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-325 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, sate and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. • 2 This is to certify that the foregoing is a true and correct copy of a resolution duly and • legally adopted by the Atlantic Beach City Commission at a legal meeting held on this /3tc day of . cef tqo0 1 /v1,Qvie / K�rc, \ t Jot.' S. MESE-Rye Attest V.igna re erry et6e< iyoqyoi Title Title Form No. 90-11 Rev. 10-14-92 • • 3 ATTACHMENT D • CHAPTER 66B-2 —WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions. 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. 66B-2.011 Reimbursement. 111 66B-2.012 Accountability. 66B-2.013 Acknowledgement. 66B-2.001 — Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. • Specific Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 12-17-90,Formerly 16T-2.001. 1 (11) "MATCHING FUNDS" means those funds provided by the local • sponsor to the project. (12) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (14) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (15) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. • (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. • 3 extension, improvement, operation or the maintenance of public navigation, public • recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must • meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member • 5 (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only fifty (50) percent of the pre-agreement expenses will be eligible for reimbursement funding from the District. (10) The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an 4110 attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (1) the percentage total of project funding which the Board has agreed to fund, or (2) the maximum application funding assistance amount. (12) All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only fifty (50) percent of the pre- agreement expenses will be eligible for reimbursement funding from the District. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History — New 12-17-90, • Amended 2-3-94,2-6-97,Formerly 16T-2.004,Amended 5-18-98,3-31-99, 1-00. 66B-2.005— Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not • exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in • Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) 9 1. All projects in this category shall be consistent with the statewide • beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet . management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers • 3. Waterway signs and buoys for safety, regulation or information (b) Law enforcement 1. Waterways boating safety programs 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs: Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local governments and shall be directly related to the environment of the waterways. • 2. Environmental Education Facilities: 11 package to bring the application into compliance. If the applicant fails to provide a • complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to=the Board at a scheduled meeting of the Board. The applicant's presentation will at a minimum include a discussion of the applicants' answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be • considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 12-17-90,Amended 9-2-92,6-24-93,4-12-95,Formerly 16T-2.006. 66B-2.0061 —Emergency Applications. • Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant 13 2. Public navigation aids and markers. • 3. Inlet management projects that are a benefit to public navigation in the District. 4. Public shoreline stabilization. 5. Public spoil disposal site development. . _ 6. Waterway signs and buoys for safety, regulation or information. 7. Public boat ramps and launching facilities and land acquisition for additional trailer parking at an existing boat ramp 8. Public boat docking and mooring facilities 9. Derelict Vessel Removal. 10. Waterways related environmental education programs and facilities. 11. Public fishing and viewing piers. 12. Public waterfront boardwalks. • 13. Waterways boating safety programs and equipment. 14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. 15. Other waterway related projects. (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition that is not for additional trailer parking at an existing boat ramp and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts • 5. Roadways providing access to non-waterway users 15 executed by the project sponsor and project contractor must be submitted to the • District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board reviewsApplicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed by the District's final TRIM hearing. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's final TRIM hearing, • the Phase II project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (2) The Board will make all final decisions on the eligibility of a Project or • specific project costs. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) — (3) FS. History — New 12-17-90, Amended 9-2-92,6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99,1-00. 66B-2.009 — Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project agreement will be executed between the District and the project sponsor. • 17 66B-2.010—Project Agreement. • (1) For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's • concurrence. A minor project amendment shall not change the approved project's category nor result in a reallocation of more than 35% of the approved funding of g ry P the project among project elements. Specific Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 12-17-90, Amended 9-5-96,Formerly 16T-2.010. 66B-2.011 — Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and • cancelledPaYm ent vouchers for expenditures made. 19 of the project. Any such audit expenses incurred shall be borne entirely by the • project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 12-17-90, Formerly 16T-2.012. 66B-2.013 — Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project that indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2)FS. Law Implemented 374.976(1)FS. History—New 12-17-90,Formerly 16T-2.013. 21