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R00-144 RESOLUTION NO. R00-1~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PROJECT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA INLAND NAVIGATION DISTRICT (FIND), PROVIDING FOR BOAT CLUB PARK NAVIGATION CHANNEL DREDGING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Resolution R00-21,dated March 7, 2000, the City Commission authorized staff to apply for grant funds from the Florida Inland Navigation District in the amount of $25,000, to be utilized for payment of the City's portion of an Interlocal Agreement between Palm Beach County and the City of Boynton Beach, for the maintenance dredging to an existing channel from Boat Club Park to the Boynton Inlet; and WHEREAS, the City of Boynton Beach has been awarded a grant of $22,500, from FIND, which grant funds will be utilized to reimburse the County for our share of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute a Project Agreement between the City of Boynton Beach and the Florida Inland Navigation District for Boat Club Park Navigation Channel Dredging, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this !'7 day of October, 2000. CITY O,F BOYN, TON I~EACH, FL, ORIDA Vice Mayor Mayor Pro Tern Co ' ioner ATTEST: The City of Boynton Beach Cify Clerk's Office I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 October 24, 2000 FLORIDA INLAND NAVIGATION DISTRICT 1314 MARCINSKI ROAD JUPITER, FL 33477-9498 RE: RESOLUTION #R00'144 PARTIALLY SIGNED AGREEMENT Dear Representative: Attached please find a copy of the above mentioned resolution and two partially signed original Project Agreements. After the agreement has been fully executed please return an executed copy to me for our Central Files. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH SUE KRUSE, CMC/AAE CITY CLERK C: John Wildner "An Equal Ot~portunity/A~'rmative Action/ADA EXHIBIT H FLORIDA INLAND NAVIGATION DISTRICT FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-BB-00-84 This PROJECT AGREEMENT made and entered into this day of , 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Boynton Beach: (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Boat Club Park Navigation Channel Dredging. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2002, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from the October 1, 2000. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2003, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2002. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Seventy-five percent (75%~ of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $22,500.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form//95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit A: personnel, equipment, project management, and design, permitting, planning, engineering, and/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installruent payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, 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. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSORtS LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, roles and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the Cotmty in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other 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 warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, constmctiort, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the fight, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, - survive completion of the PROJECT. The PROJECT spONsoR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the remm receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Boynton Beach Attention: Director - Parks Dept. 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: CHAIR DATE: WITNESSES: Title: DATE: /O-c~O-O0 APPROVED AS TO FORM: ,,,. '~'"'~'-~. ~ . c~ ^'rrq~ Er-- EXHIBIT A CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 'Forms. 66B-2.003 Def'mitions. 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. 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. 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. (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. (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 mooting 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 occurring 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(I) FS. History --New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 m 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, 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 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 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 alter 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. (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 a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (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 fimding 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. (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 6 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 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. (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 Board. 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 infgrmation 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 publilc. 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. 66B-2.005 t 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 fi.om 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 Districtts ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching 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 fifby 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 declared to be a benefit to public navigation. (b) Beach Renourishment 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 10 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 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(I), (3) FS. History -- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 B APplication Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period, which is bom March 1st through May 1st 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 11 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 90-26 (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 4-12-95). When an application 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. package to bring the application into compliance. If the applicant fails to provide a complete appli.c, ation 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 applicant's 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 fi.om 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 12 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 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 roles. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 6-24-93, Amended 2-6-97, Formerly 16T-2.006 I. 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. 13 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 2. Public navigation aids and markers 3. Public boat.ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. 14 (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition 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 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; 15 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 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 prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project will not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures of s. 120.542, F.S., and Chapter 28- 104, F.A.C., to extend the date for receipt of the required environmental permits. Petitions filed pursuant to this rule section should be submitted to the District no later than July 1st to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate fi.om the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. 16 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. 66B-2.009 m 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. (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 fight to inspect the project and any and all records relating to the project. (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, 17 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. 66B-2.010 -- Project Agreement. (1) For each ftmded 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 18 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. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms oft his 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. 19 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 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, which 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(I) FS. History --New 12-17-90, Formerly 16T-2.013. 21 EXHIBIT B FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Project Elements Dredging for Boat Club Navigation Channel City of Boynton Beach Estimated Applicant's Cost Cost FIND Cost Bo3mton Ramp Dredging Dredge 1,645 yrds. of sand ~ $11.55 Purchase & Install Channel Markers $19,000 $1,900 $6,000 $600 $17.100 $5,400 TOTALS Form No. 90-25 ~ew10/14/92) $25,000 $2,500 $22,500 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 954)1 New 9/9/95 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FOR~ PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Funds PreviousJy Requested Balance AvaitabJe Funds Requested Less Retainage (10%) Check Amount Balance AvaiJable Less Check Amount BaJance Remaining PROJECT NO.: .... BILLING NO.: Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost FIND - Form No. 90-24 Rev. 9/3192 FIND - Form No. 90-24 Page Two Expense Description (Should correspond to Cost Estimate Sheet CateiloHes in Exhibit "B") EXHIBIT D CONTINUED SCHEDULE OF EXPENDITURES Check No. Vendor Name and Date Tota[ Appticant FIND Cost Cost Cost Ce~ Li[ication for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison FIND - Form No. 90-24 Rev. 9/3/92 Date EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ,20 , and that all funds were expended in accordance With Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-13 Rev. 913192 EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: Report Due: Oct 1-DEC 15 (Dec 31) REPORT PERIOD Dec 15-Mar 1 Mar 1-June 15 (March 15) (June 31) June 15-Sep 1 (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 20O0 - DECEMBER 31, 2000 - MARCH 15, 2001 - JUNE 30, 2001 - SEPTEMBER 15, 2001 DECEMBER 29, 2001 - MARCH 15, 2002 - JUNE 29, 2002 - Project Agreement Executed, Project Initiates. First Quarterly Report Due. Second Quarterly Report Due. Third Quarterly Report Due. Fourth Quarterly Report Due. Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due. NOTE: ffproject will not be completed and all close out paperwork submitted by September 1st, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2002 - Closeout paperwork due. September 28, 2002 - District finishes processing closeout paperwork performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit C, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the project agreement.