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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.
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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 day of
Attest
Title
Form No. 90-11
Rev. 10-14-92
19_
Signature
Title
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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.
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.
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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.
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(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.
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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 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:
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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
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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
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.
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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
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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
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:
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(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.
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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 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.
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(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.
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