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Exh 6C~c 3 - r~~oa City of Atlantic Beach City Commission Meeting Staff Report Agenda Item: Resolution for FIND Application for Dutton Island Date: March 7, 2000 Submitted by: -David E. Thomp~ Director of Public Safety Background: The grant application for Florida Inland Navigation District (FIND) funds requires a resolution from the City Commission. Staff plans to submit an application for 50% of the $250,000 projected construction costs for a total grant of $125,000 from FIND. The attached resolution was drafted from the specific guidelines promulgated by the District. Budget: Relative to the proposed construction, we currently have a budget of $111,618 ($100,000 pledged from the City of Jacksonville), $40,000 from JaxPort for the fresh water marsh creation, and another $25,000 reimbursement from FIND for the design work. This provides a total of $176,618 from which we must deduct the current design costs of $44,002, for a balance of $132,616 available for matching FIND funds. Atlantic Beach can probably obtain $125,000 of FIND funding for construction, which will provide a total of $250,000 for construction. This may allow for the construction of two ' pavilions as well as expanding the comfort station to include a few more amenities. With Commission approval, staff will coordinate this with Landers-Atkins Planners, Inc. relative to the construction plans. The FIl~TD funding is not available until October 1, 2000, so with the City Commission's approval, staff will request that Jacksonville roll the $100,000 for Dutton Island construction into the 2000-01 budget, and staff will prepare a FIND grant application to include the recommendations above. The City of Atlantic Beach will also make budgetary modifications to accommodate these changes. One unknown factor in this equation is the $40,000 toward the freshwater marsh creation. We currently do not know how much this portion of the project will cost, or if FIND will approve it for FIND funding. Until we have this information, the bottom line of funding availability will remain somewhat unsure. We should have answers to these questions within the next two (2) months. Recommendations: To approved the attached resolution allowing staff to seek FIND funding for the Dutton Island Project. Attachments: Resolution Chapter 66B-2 Reviewed by City Manager: enda Item Number: RESOLUTION N0. 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 that the project described above be authorized, (Name of Agency) 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) AND, be it further resolved by the Atlantic Beach Citv Commission (Name of Agency) 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, apost-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 day of Attest Title Form No. 90-11 Rev. 10-14-92 19_ Signature Title 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. 66B-2.012 Accountability. ~6B-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 66B-2.002 -Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374,976(1) FS. History -New 12-17-90, Formerly 16T-2.002. 66B-2.003 -Definitions. - The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, __ _local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. z (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 (21) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. . (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to .the general public on a first come, first served-basis without any qualifying requirements such as club membership, stock ownership, or differential in price. - (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occumng in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 -Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, 4 ' i 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 car -tying 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 fmancial 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 s counties and local governments shall be based upon the proportional share of the _ 'District's ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a new proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site -- may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on anon-exclusive basis without regard to race, color, religion, age, sex or similar condition. 6 (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 declazed 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 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. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement .of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the $oard. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program -- until such time as compliance has been met to the satisfaction of the District. (17} All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. s 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 Boazd 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 aze 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 aze determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that aze 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 funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All fmancial assistance and support to eligible governmental agencies shall require equaLmatching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management -- 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declazed to be a benefit to public navigation. (b) Beach Renourishment io 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 Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History -New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-9?, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 -Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period, which is from March 1st through May lst of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby. incorporated by reference and available from the District office located at 1314 Marcinski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 94-26 (effective date 4-12-95) and for compliance with the eligibility requirements of this rule. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 1-2000). When an applicarion is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application 12 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 for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061. 66B-2.007 --Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4-12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007. 66B-2.008 -Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet -- management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging. 14 2. Public navigation aids and markers. 3. Inlet management projects that are a benefit to public navigarion 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 bast 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 is 6. Parking areas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: - 1. The following project costs will eligible for program funding or as matching funding: ~~ a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs and can not exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration - and inspection costs; d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project, approved and 16 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 review~Applicants 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 (2) The liaison agent will 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 continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic reimbursement requests during the project period. The project manager will, approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and an~and all records relating to the project. y (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12-17-90) hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B- 2.013. -- (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.009. 18 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 atwo-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 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 cancelled payment vouchers for expenditures made. 19 (2) The District shall retain ten per cent of all reimbursement payments until fmal certification of completion of the project. The District shall withhold .any reimbursement payment, either in whole or part, for non-compliance with the ..terms of this agreement. (3) The- final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these rules, reimbursement can not be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before.. the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99. 66B-2.012 -- Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information. (3) All required final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4} All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion 20 of the project. Any such audit expenses incurred shall be borne entixely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three yeazs 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 37.976(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. Lativ Implemented 374.97b(1) FS. History -New 12-17-90, Formerly 16T-2.013. 21