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)
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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.
•
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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
•
•
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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.
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(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.
•
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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
•
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(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
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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)
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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:
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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
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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
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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,
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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.
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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.
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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.
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