R96-106RESOLUTION NO. R96-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AN DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A PROJECT AGREEMENT AMENDMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.),
EXTENDING THE COMPLETION DATE OF THE
PROJECT TO SEPTEMBER 1, 1997; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City had previously entered into an Agreement with the Florida
Inland Navigation District and now wishes to extend the time for completion of said
project to September 1, 1997.
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 does hereby
authorize and direct the Mayor and City Clerk to execute a Project Agreement
Amendment between the City of Boynton Beach and Florida Inland Navigation District
(F.I.N.D.) to extend the completion date of the Mangrove Park Project to September 1,
1997.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of .~z,~, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
L;ommlssloner
Comrpis~ioner
ATTEST: j
City~lerk
F.I.N.D./Ext.
811196
Try. ,
FLORIDA INLAND FLORIDA INLAND NAVIGATION DISTRICT
NAVIGATION DISTRICT
4/7' C ( �4y August 21, 1996
COMMISSIONERS Mr Charles C. Frederick, Director
Recreation & Park Department N 22 igIS
LAURENCE D. LOCKER City of Boynton Beach
CHAIR P.O. Box 310
BROWARD COUNTY
ANN SHORSTEIN Boynton Beach, FL 33425 -0310
VICE -CHAIR
DUVAL COUNTY RE: PB- BB -94 -36 Boynton Mangrove Park Phase II
JAMES O. TAYLOR
SECRETARY
VOLUSIA COUNTY Dear Mr. Frederick:
TED B. MOORHEAD
TREASURER
BREVARD COUNTY Enclosed is your copy of the fully executed project agreement
GEORGE P. BUNNELL amendment for the above referenced project. Should you have any
INDIAN RIVER COUNTY
questions, please call.
LENNART E. LINDAHL
PALM BEACH COUNTY
PIERRE D. THOMPSON Sincerely,
ST JOHNS COUNTY
M. BRENT WADDELL a �
MARTIN COUNTY - 9)L
STANLEY E. GOODMAN
DADE COUNTY Brenda Sullivan
BRYNN G. NEWTON Information Manager
FLAGLER COUNTY
JO ANN ALLEN
ST LUCIE COUNTY Enclosure
ART WILDE
EXECUTIVE DIRECTOR
DAVID K. ROACH
ASSISTANT EXECUTIVE DIRECTOR
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 561- 627 -3386 FAX No 561 - 624 -6480
X' /46
PROJECT AGREEMENT AMENDMENT
In consideration of the continuing mutual promises and covenants contained in
that certain PROJECT AGREEMENT No. PB- BB -94 -36 between the FLORIDA
INLAND NAVIGATION DISTRICT (F.I.N.D.) and the CITY OF BOYNTON
BEACH hereafter known as the PROJECT SPONSOR. The parties hereby agree that
Paragraph 2 of that certain PROJECT AGREEMENT be deleted and the following
be substituted therefore:
2. The PROJECT SPONSOR shall complete the PROJECT on or
before September 1, 1997. The PROJECT SPONSOR acknowledges
there are no expressed provisions to carry over F.I.N.D. GRANT
FUNDS provided under this project Agreement Amendment beyond
September 30, 1997. This deadline may not be extended again
pursuant to s. 374.976(2) Florida Statutes.
In WITNESS WHEREOF, the parties have hereunto set their hands and seals
this of cwt,. Q l' , 1996.
Attest: F.I.N.D.
_At 4. •. •
_ IS _ I� ka0
PROJECT ADMINISTRATOR
Attest: PROJECT SPONSOR
CONTRACT • V MINISTRATOR
mC�c G/ r4
/. C
* ►SLA N TIr
FLORIDA INLAND FLORIDA INLAND NAVIGATION D I S T R I C T
NAVIGATION DISTRICT
f ITRAa��y December 6, 1994
(,U
COMMISSIONERS
Ms. Carrie Parker, City Manager
City of Boynton Beach
LENNART AHL
CHAIRMAN 100 E. Boynton Beach Blvd.
PALM BEACH COUNTY P.O. Box 310
LAURENCE D. LOCKER
V CE CHAIRMAN ER Boynton Beach, FL 33425 -0310
BROWARD COUNTY
JAMES 0 TAYLOR RE: PB- BB -94 -36 Downtown Mangrove Park Project
SECRETARY Mangrove J
VOLUSIA COUNTY
STEPHEN NAVARETTA Dear Ms. Parker:
TREASURER
ST LUCIE COUNTY
ANN R. SHORSTEIN Enclosed is your copy of the fully executed project agreement for the
DUVAL COUNTY above referenced project. Should you have any questions, please
PIERRE D THOMPSON
ST JOHNS COUNTY call.
WILLIAM T. PARKS
FLAGLER COUNTY Sincerely,
E E. MADDEN, JR.
BREVARD COUNTY
GEORGE P BUNNELL
INDIAN DIAN CO RIVER COUNTY
M. BRENT WADDELL Brenda Sullivan
MARTIN COUNTY
STANLEY E GOODMAN Secretary
DADE COUNTY
Enclosure
ART WILDE l EI
EXECUTIVE DIRECTOR �J
DAVID K. ROACH DEC rr ‘00/1. ASSISTANT EXECUTIVE DIRECTOR
1TY MANA S O�F10E
\ 14 416
C
` ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407- 627 -3386 FAX No 407- 624 -6480
4 /B.
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. PB BB 94 -36
This PROJECT AGREEMENT made and entered into this /$ r day of
Loz3K ,1994 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 16T -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 DOWNTOWN MANGROVE PARK
PROJECT. 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 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 otherwise authorized and
shall complete the PROJECT and submit all required payment reimbursement
information on or before September 1, 1995, 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 date of the execution of
this Agreement. The PROJECT SPONSOR acknowledges there are no provisions to
carry over the District assistance funding under this Agreement beyond September 30,
1995, any extension of funding beyond this date shall be at the sole discretion of the
District.
3. ASSISTANCE AMOUNT - The District shall contribute no more than
fifty percent ( 50 %) of the PROJECT SPONSOR'S out -of- pocket costs for completion
of this PROJECT ( "PROJECT AMOUNT "). [NOTE: The District is statutorily
authorized to fund up to one hundred percent (100 %) of the financial assistance and
support for public navigation, law enforcement, and environmental education projects;
all other projects shall require matching funds from the Sponsor.] Payment of funds by
the District to the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT ") will be on
a reimbursement basis 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 $ 195,000.00.
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 will provide the District with suitable evidence of the availability of
such funds, including but not limited to, 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. Any modifications to the PROJECT shall
require advance notice to and prior written approval of the District.
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 with the exception of $ 0 for: .
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the District and summarized on the Payment Request Form attached as
Exhibit C. 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
(or if this is a PHASE I PROJECT, as described in Rule 16T -2, upon initiation of
PHASE II of the PROJECT) to the reasonable satisfaction of the District and in
accordance with Exhibit "A ": personnel, equipment, project management,
2
administration, inspection, and design, permitting, planning, engineering, and /or
surveying costs. 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 make available to the District a Final Audit of
expenses incurred on the PROJECT prior to or in conjunction with the request for the
final payment of the PROJECT AMOUNT. The Payment amounts previously retained
by the District shall be paid upon (1) receipt of the Final Audit report by the District,
(2) full completion of the PROJECT to the reasonable satisfaction of the District, and
(3) submission of Project Completion Certification Form No. 90 -23 (Exhibit D).
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 terminate this
agreement and, if it has provided funds hereunder, the right to reimbursement, either in
whole or part as it may determine, of the funds provided hereunder for non - compliance
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.
11. DISTRICT'S PROJECT MANAGER - David K. Roach, Assistant
Executive Director, or his successor, 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. SPONSORS 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.
3
13. QUARTERLY REPORTS - The PROJECT SPONSOR's Liaison Agent
shall submit to the District quarterly project status reports during the PROJECT term.
These Quarterly Reports are due as shown in Exhibit "E". Quarterly reports shall
summarize the work accomplished, problems encountered, percentage of completion
and other appropriate information. 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 "E" may result in revocation of this agreement pursuant to
Paragraph 10 of this agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local permits and regulations in the development of the PROJECT.
The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in
compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules 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 when
completed, the PROJECT site shall be dedicated for the public use for a minimum
period of twenty -five (25) years, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County 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 was a joint participant and contributor to
the development of the PROJECT. This sign shall contain the District logo (Exhibit
"F ") 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.
4
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. HOLD HARMLESS - The PROJECT SPONSOR agrees to defend and
hold the District, its Commissioners, employees, agents, and its successors and assigns
free and harmless from and against any and all demands, claims, causes of actions,
expenses, attorney's fees, losses, damage liabilities, awards, and judgments, that may
arise from or relate to the SPONSOR'S obligations in this Agreement or the
construction or maintenance of the PROJECT improvements subject, however to the
limitations imposed by Florida Law, Section 768.28, Florida Statutes.
20. INSPECTIONS - The District reserves the right, 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. 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 waive 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 return
receipt.
To the District at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
5
To PROJECT SPONSOR at:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33425 -0310
24. GOVERNING LAW - The validity, interpretation and performance of
this Agreement shall be controlled and construed according to the laws of the State of
Florida.
25. 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 this
facility 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 reimbursement from the
PROJECT SPONSOR for its participation to the full extent of the funding assistance
awarded to accomplish this facility.
26. 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.
27. LITIGATION COSTS - 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 and appellate levels.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WIT " FLORID AND N 1 ' ON D S ' Ar
L � �� By: //�/ � � 11111
Y C AIR I AN
%�Ax A: �� ) 1 Pict DATE: //-!
WITNESSES: PROJE T SPONS
Gt tr. 16 . ..� Iu_. By: 7/ .. ,
p Title: E. F. Harmenin• , Mayor
�� �� �.1. _____� DATE: / / /W9 4/
APPROV /SS • - M:
CITY AT70RNEY
6
EXHIBIT "A"
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T -2
Waterways Assistance Program
16T -2.001 Purpose '
16T -2.002 Forms
16T -2.003 Definitions
16T -2.004 Policy
16T -2.005 Funds Allocations
16T -2.006 Application Process
16T- 2.0061 Emergency Applications
16T -2.007 Application Form
16T -2.008 Project Eligibility
16T -2.009 Project Administration
16T -2.010 Project Agreement
16T -2.011 Reimbursement
16T -2.012 Accountability
16T -2.013 Acknowledgment
16T -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
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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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) "BOARD" means the Board of Commissioners of the Florida
Inland Navigation District.
(5) "DISTRICT" means the Florida Inland Navigation District
(F.I.N.D.).
(6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the
taxing boundaries of the District.
2
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District. -
(8) "LIAISON AGENT" means the contact person officially
designated to act on behalf of the applicant or the project
sponsor.
(9) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the
member counties.
(10) "MATCHING FUNDS" means those funds used by the local
sponsor to match the program funds on a dollar per dollar basis.
(11) "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.
(12) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized
navigation related duties in waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(14) "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.
(15) "PROJECT" means a planned undertaking consisting of
eligible program facilities, improvements or expenses for the use
and benefit of the general public.
3
(16) "PROJECT AGREEMENT" means an executed contract between
the District and a project sponsor setting forth mutual
obligations regarding an approved project.
(17) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and
compliance with project agreement.
(18) "PROJECT PERIOD" means the approved time during which
costs may be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(20) "WATERWAYS" means the Atlantic Intracoastal Waterway,
all navigable rivers, bay, creeks or lagoons intersected by said
waterway and all navigable natural creeks, rivers, bays or
lagoons entering or extending from said waterway.
(21) "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 a balance between quality
of life and quality of the environment of waterways.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 4/29/92.
16T -2.004 POLICY. The following constitutes the policy
of the District regarding the administration of the program.
4
(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
projects and inlet management if the Board finds that the project
is a benefit to public navigation.
(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 if the Board finds
that the project benefits public navigation.
(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
5
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.
(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
(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 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.
(8) Facilities funded in whole or in part by program funds
shall be made available to the general public of all 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 the
project prior to the execution of the project agreement unless
authorized by the Board.
(10) The project shall be completed within three (3)
calendar years of the date of the execution of the project
agreement.
(11) Project funds shall not be spent except as consistent
with the project agreement cost estimate which shall be an
attachment to the project agreement.
(12) All project costs must be incurred and work performed
within the project period as stipulated in the project agreement.
7
(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.
(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
8
participation in the program until such time as compliance has
been met to the satisfaction of the District.
(17) The project sponsor shall hold the District free and
harmless from any and all demands, claims, causes of action,
expenses, attorney's fees, losses, damage liabilities, awards and
judgments that may arise from or relate to the project.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
and (2) F.S. History -New 12 /17/90. Amended 12/20/93.
16T -2.005 FUNDS ALLOCATION. The District will notify
potential eligible governmental agencies of the availability of
program funding.
(1) Financial assistance to eligible government agencies
shall not exceed the proportional share of the District's ad
valorem tax collections from each county in which such agencies
are located.
(2) All financial assistance and support to eligible
governmental agencies shall require matching funds from the
project sponsor with the exception of public navigation, law
enforcement and environmental education projects.
(3) Projects and /or project elements in the categories of
public navigation, law enforcement and environmental education
may recieve funding in excess of fifty per cent of the projects
total cost. Eligible projects and /or project elements in these
categories may include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and markers
9
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
2. Environmental Education Facilities
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) --
(3) F. S. History -New 12/17/90. Amended 6/24/93.
16T - 2.006 APPLICATION PROCESS.
(1) Applications for assistance through this program will be
submitted during the authorized submission period which is from
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 F.I.N.D. Resolution Form No. 90 -21 (effective date
September 15, 1990) hereby incorporated by reference and
available from the District office located at 1314 Marcinski
Road, Jupiter, Florida 33477.
(2) Applications will be reviewed by the local F.I.N.D.
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
and for compliance with the eligibility requirements of this
rule. When an application is determined by staff to be
10
incomplete or ineligible, Staff will immediately inform the
applicant by mail. The applicant will then have until the final
presentation date 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
December 10, 1993) hereby incorporated by reference and available
from the District office.
(4) 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 4/29/93 & 6/24/93.
16T- 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
11
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 rules and any funding
allocated will not exceed the provisions of s.16T- 2.005.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 6/24/93.
16T -2.007 - APPLICATION FORM. Florida Inland Navigation
District Waterways Assistance Program Application Forms Number
F.I.N.D. 90 -22 (effective date December 10, 1993) and 93 -22A
(effective date September 10, 1993) 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 F.I.N.D. 90 -22 this form. All applications for
financial assistance and support through this program from
navigation related districts shall be made on Form Number
F.I.N.D. 93 -22A.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 6/24/93.
16T -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, inlet management, environmental mitigation and beach
nourishment directly related to the waterways.
12
(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 boat ramps and launching facilities
2. Public navigation channel dredging
3. Public navigation channel lighting and markers
4. Waterway signs and buoys for safety, regulation or
information
5. Public boat docking and mooring facilities
6. Public shoreline stabilization
7. Public spoil disposal site development
8. Waterways related environmental education programs and
facilities
9. Public fishing and viewing piers
10. Public waterfront boardwalks
11. Waterways boating safety programs and equipment
12. Inlet management projects related to waterway navigation
improvement
13. Beach renourishment projects related to waterway
navigation improvement
14. Other waterway related projects.
(b) Project costs ineligible for program funding or matching
funds will include any extraneous recreational amenities not
13
directly related to the waterway. Ineligible amenities may
include 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 shelter and furniture
(c) The following project costs will be eligible for program
funding or as matching funding subject to approval by the Board
of an itemized expense list. Before reimbursement is made by the
District on the following projects costs, the construction of the
project will be completed to the Board's satisfaction:
1. Personnel costs
2. Equipment costs
3. Project management, administration and inspection
4. Design, permitting, planning, engineering, or surveying
costs for a completed construction project
5. In -kind services
6. Restoration of sites disturbed during the construction
of an approved project.
14
(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 Phase I will be
completed by the current completion date of the Phase I
agreement prior to the funding of Phase II, provided, however,
that in extraordinary situations this requirement will be
waived by the Board of Commissioners where an applicant has
provided documentation of all of the following:
1. The delay in completing Phase I is for a reason or
reasons outside the control of the applicant, and the
applicant has demonstrated that it diligently proceeded in
attempting to complete Phase I
2. All the impediments to completion of phase I will have
been resolved on or before the District's final TRIM hearing at
which the Phase II funding is to be finally approved, and the
applicant has provided a timetable showing such completion of
Phase I within this time period; and
3. A delay in funding Phase II would significantly
increase the cost of Phase II, create a substantial likelihood
that Phase II would not be accomplished, or adversely impact on
public safety or the operation of District waterways.
15
(2) The Board will make all final decisions on the
eligibility of a Project or specific project costs.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
(3) F.S. History -New 12/17/90. Amended 4/29/92, 6/24/93 &
12/10/93.
16T - 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.
(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.
16
(4) Upon reasonable request, the project manager shall have
the right 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, F.I.N.D. Form No. 90-
23 (effective date September 15, 1990) 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. 16T- 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 authorized or reject the final reimbursement
payment which will include all retained funds from previous
requests.
Specific Authority 374.976 (2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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
17
project agreement shall incorporate the applicable policies and
procedures of the program as outlined in this rule.
(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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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, F.I.N.D. Form No. 90 -24
(effective date December 10, 1993) 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 canceled payment
vouchers for expenditures made.
(2) The District shall retain ten percent 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 of this agreement.
18
(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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 12/10/93.
16T -2.012 ACCOUNTABILITY. The following procedures
shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an
accounting system which 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 F.I.N.D. 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. 16T- 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.
19
(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, F.I.N.D., 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T - 2.013 ACKNOWLEDGMENT. 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
F.I.N.D. 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.
20
Specifies Authority 374.976
F.S. History (Z) F.S. Law Implemented
-New 12/17/90. 374.976(1)
•
21
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE: BOYNTON BEACH DOWNTOWN MANGROVE PARK
APPLICANT: CITY OF BOYNTON BEACH
Project Elements Quantity Estimated Applicants FIND
(Number and/or Cost Cost Cost
Footage)
1. Boardwalk -6' wide 10,500 S.F.
@ $47.00 per S.F. $493,500 $306,150 $187,350
2. Meeting Platform 290 S.F.
24x12' Covered @ $47.00 per S.F. 13,630 13,630 -0-
3. Observation Platform 450 S.F.
Split Level Covered @ $47.00 per S.F. 21,150 13,500 7,650
{. Path- 6'vide 2400 S.F.
@ $36.58 per S.F. 87,792 87,792 -0-
5. Landscaping 1 L.S.
@ $5,00 per L.S. 5,000 5,000 -O-
S. Selective Clearing 5 A.C.
Exotics, etc. @ $2,000 per A.C. 10,000 10,000 -0-
7. Mangrove Trimming 150 H.R.
@ $50. per HR. 7,500 7,500 --0-
3. Disposal of Debris 1 L.S.
Offsite @ $3,000 per L.S. 3,000 3,000 -0-
3. Interpretive Stations 1 L.S.
and Visual Aids @ $25,000 per L.S. 25,000 25,000 -0-
TOTALS
Form No. 90-25
New 10/14/92
EXHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE: BOYNTON BEACH DOWNTOWN MANGROVE PARK
APPLICANT: CITY OF BOYNTON BEACH
Project Elements Quantity Estimated Applicants FIND
(Number and/or Cost Cost Cost
Footage)
9. Restroos Facility 1 L.S.
@ $70,000 per L.S. $ 70,000 $ 70,000 -0-
10. Parking Lot Filled 1 L. S.
@$25,000 per L.S. 25,000 25,000 -0-
11. Signing and Marking 1 L.S.
@ $1,200 per L.S. 1,200 1,200 -0-
12. Drainage Structures 1 L.S.
Pipes, Culverts, etc. @ $5,000 per L.S. 5,000 5,000 -0-
13. Water and Sewer 1 L.S.
Services @ $9,500 per L.S. 9,500 9,500 -0-
Subtotal $777,272.00 $582,272.00 $195,000.
Construdtion Supervision 38,863.60 38,863.60 -0-
Bidding 6 Contract Administration 19,431.80 19,431.80 -0-
Consultant's Fees for Construction 62,667.56 62,667.56 --0-
and Specifications
TOTALS $898,234.96 $703,234.96 $195,000.
Form No. 90-25
New 10/14/92
EXHIBIT B
EXHIBIT "C"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT NO.:
PROJECT SPONSOR: BILLING NO.:
Amount of Assistance
Funds Previously Requested &-
Balance Available =
Funds Requested
Less Retainage (10 %)
Check Amount =
Balance Available
Less Check Amount &-
Balance Remaining =
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B ")
FIND - Form No. 90 -24
Rev. 9/3/92
FIND - Form No. 90 -24
Page Two
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B ")
Certification 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 Date
FIND - Form No. 90 -24
Rev. 9/3/92
EXHIBIT "D"
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 , 19 , and that all funds were expended in
accordance with Exhibit "B" and Paragraph 5 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90 -23
Rev. 9/3/92
EXHIBIT "E"
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER - Project Agreement Executed, Project Initiates.
DECEMBER 1st - First Quarterly Report Due.
MARCH 1st - Second Quarterly Report Due.
JUNE 1st - Third Quarterly Report Due, time extension requested if necessary.
SEPTEMBER 1st - Project to be completed, closeout paperwork submitted, and Fouth
Quarterly Report Due.
SEPTEMBER 30th - 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 to and prior
written approval of the District. Appropriate timing for modifications to the cost estimate,
Exhibit B, would be after approval of bids.
NON - COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit
"E" may result in revocation of this agreement pursuant to Paragraph 10 of this
agreement.
NNI.ANT/?
14:s;•;%
etictie
FLORIDA INLAND
NAVIGATION DISTRICT
,pot
1 44;
EXHIBIT F
y fr_.4 )
,WNTI
FLORIDA NLAND FLORIDA INLAND NAVIGATION DISTRICT
NAVIGATION DISTRICT
November 17, 1994
RAC(1P∎
COMMISSIONERS Ms. Carrie Parker, City Manager
City of Boynton Beach
LENNART E LINDAHL P.O. Box 310
PALM BEACH COUNTY Boynton Beach, FL 33425 -0310
LAURENCE D. LOCKER
VICE CHAIRMAN
BROWARD COUNTY RE: Mangrove Nature Preserve, PB- BB -92 -24
JAMES 0 TAYLOR
SECRETARY
VOLUSIA COUNTY Dear Ms. Parker:
STEPHEN NAVARETTA
TREASURER
ST LUCIE COUNTY Enclosed is your copy of the fully executed project extension
ANN R. SHORSTEIN agreement amendment for the above referenced project. Should you
DUVAL COUNTY
have any questions, please call.
PIERRE D THOMPSON
ST JOHNS COUNTY
WILLIAM T. PARKS Sincerely,
FLAGLER COUNTY
E.E HA REVAR D COUNTY
BD COUTY
GEORGE P BUNNELL
INDIAN RIVER COUNTY Brenda Sullivan
M. BRENT WADDELL Secretary
MARTIN COUNTY
STANLEY E. GOODMAN
DADE COUNTY Enclosure
ART WILDE
EXECUTIVE DIRECTOR
DAVID K. ROACH RE C EI TED
ASSISTANT EXECUTIVE DIRECTOR
NOV 41 1994
CITY MANAGER'S OFFICE
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407- 627 -3386 FAX No 407 -624 -6480
PROJECT AGREEMENT AMENDMENT
In consideration of the continuing mutual promises and covenants contained in
that certain PROJECT AGREEMENT No. PB BB 92 -24 between the FLORIDA
INLAND NAVIGATION DISTRICT (F.I.N.D.) and the CITY OF BOYNTON
BEACH hereafter known as the PROJECT SPONSOR. The parties hereby agree that
Paragraph 2 of that certain PROJECT AGREEMENT be deleted and the following
be substituted therefore:
2. The PROJECT SPONSOR shall complete the PROJECT on or
before September 1, 1995. The PROJECT SPONSOR acknowledges
there are no expressed provisions to carry over F.I.N.D. GRANT
FUNDS provided under this project Agreement Amendment beyond
September 30, 1995. This deadline may not be extended again
pursuant to s. 374.976(2) Florida Statutes.
In WITNESS WHEREOF, the parties have hereunto set their hands and seals
this 76 4--t of A.) c)--� e ,,,. .er , 1994.
Attest: F.I.N.D.
q)11.9.-,.._.% ,L,t :it , /-SI-05)...A
PROJECT ADMINISTRATOR
/Ph' ,'f.-/ L. "\2(i,e
Attest: PROJECT SPONSOR
CONTRACT ADMINISTRATOR
AGENDA MEMORANDUM NO. 94-64C
FEBRUARY 15, 1994 ('-e.1 fr
II. ADMINISTRATIVE - yx�_/�/��'6,c°ove
C. Acceptance of Florida Recreation Development Assistance Program (FRDAP)
Grant of $100,000 for development of Downtown Mangrove Park
The City of Boynton Beach has been notified by the State of Florida, Recreation
Development Assistance program that we are awarded the full $100,000 requested which
is the maximum allowable under this program for the Downtown Mangrove Park
construction. The City still is awaiting notice on a $50,000 Federal Coastal Program Grant
previously submitted. The major grant which is the phase two of the current F.I.N.D. Grant
will be submitted by staff on May 2, 1994 and is for $300,000.
The City has submitted for permits and an on -site review was held by all of the agencies
on Thursday February 10, 1994. The agencies have expressed concern about the
environmental feasibility of this project. If the City is not in a position to receive a favorable
letter on this project by the May 2 date of the F.I.N.D. Grant, we will not be able to submit
for the $300,000. The F.I.N.D. Grant process is a reimbursable program where the City
expends the funds first and then gets reimbursed. Phase One Grant, which we received
last year was for design and permitting. If this project does not receive the permits,
F.I.N.D. will not reimburse us for the current grant award of $15,250.
The breakdown of proposed project cost is as follows:
Phase One: Design and Permitting: TOTAL - $ 30,500
City $ 15,250 F. I. N. D. $ 15.250
Phase Two: Construction: TOTAL - $ 649,000
City $169,000 F.I.N.D. $300,000
FRDAP $100,000
DCA/NOAA $ 50,000
SWA $ 30.000
$480,000
The agenda item before you today is to accept the $100,000 from the State. A formal
agreement will then be forthcoming which will be placed on the agenda when it is received.
At that point, staff should be able to provide an accurate assessment of the permitting
process.
e a,a,„ Ad-,_-
Came Parker
Assistant City Manager 9 ii 0 c: Charlie Frederick, Recreation & Parks Director /
1
� , Florida Department of
E nvironmental Prot. etion
1,,,,,,: j
p , . , .
t ‘: -_-,9 .., =
,,,--
-- -4
Marjory Stoneman Douglas
Lawton Chile.. 3900 Commonwealth Boulevard i trlpnta B etherel7
#,overnor Tallahassee. Florida 32399 -3000 .� .,.rMary
February 1, 1994
Mr. Charles Frederick FEB 0 4 V" '
Director
Department of Parks and Recreation
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Re: Downtown Mangrove Perk
FRDAP Pro eet No. F94001
Dear M� 1 :
On January 21, 1994, the Secretary of Department of Environmental Protection, approved the Department's
reca mendation to award a $100,000.00 grant to the City of Boynton Beach for development of Downtown
Mangrove Park under the Florida Recreation Development Assistance Program.
if you will not utilize the entire grant amount, please inform us in writing by February 14, 1994, so
we may allocate the excess funds to other approved, unfunded projects. Reallocation of any funds to other
projects wilt not be possible once the fiscal year ends.
If the grant is accepted, please also inform us in writing by February 14, 1994, so we may prepare the
grant contract. In the acceptance letter, please identify any pre - agreement costs for which you will
request reimbursement. No construction or acquisition costs may be incurred prior to execution of the
contract agreement without a Waiver of Retroactivity, which can be requested from this office.
information on commencement documentation is enclosed. Please begin immediately to complete the
necessary requirements. These documents are required prior to start of project corxtruction.
We look forward to working with you on this worthwhile outdoor recreation project.
S e ely,
Don Gerteisen, Chief
Bureau of Local Recreation Services
Division of Recreation and Parks
Mail Station +1585
DG /mtw
Enclosures
Printed on recyekd paper
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Required Commencement Documentation
Document acquisition Development
Appraisal X X*
Survey X
Boundary Map /Title Search X
Final Site Plan X
List of Facilities and Improvements X
to be Constructed
Certification of Equipment Rates X
(if applicable)
Preconstruction Certification X
*Required only for development projects utilizing land value as
match.
DNR 42 -005
Revised 9/90
FLORIDA DEPARTMENT OF NATURAL RESOURCES
BUREAU OF LOCAL RECREATION SERVICES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
DEVELOPMENT COMMENCEKENT DOCUMENTATION
Fiscal Year 1993 -94
Prior to commencement of project construction, submit the
following items to the Department for approval:
1. A site plan (detailed specifications not required) for
the project prepared, dated and signed by an insured,
registered architect, engineer or landscape architect
responsible for preparing the final project plans, and
signed by the project sponsor's liaison agent. If part
of a larger simultaneous development, highlight elements
for the grant project.
2. A list identifying the quantity and type of primary
outdoor recreation areas and facilities and support
facilities to be constructed, and cost estimate for
each item, signed and dated by the liaison agent.
(sample attached)
3. Pre - construction certification signed and dated by the
liaison agent.
4. A boundary survey of the project site which includes a
legal description of the property, prepared by a Florida
registered land surveyor. The survey must be updated to
within one year of January 21, 1994.
5. The results of a title search of the project area
covering the five year period prior to January 1994.
6. If land value will be used as catch, send a complete
appraisal supporting fair market value of land utilized
as project matching funds no earlier than one year prior
to the closing date of the submission period,
(October 29, 1992).
7. If applicable, certification of grantee owned equipment
hourly rental rates and /or written or verbal quotes for
grantee owned equipment. (copy attached)
Following approval of this documentation, the Department will
issue written authorization to commence project construction.
Revised 1/28/94
(wps) grcomm.dev
c
The City of
Boynton Beach
oy ti T 100 B. Boynton Beach Boatyard 0', , T.O. �2 Box 310 -/ /'J1 "Z / J - � ■ 'p , Boynton Beach, F(orufa 33425 -0310
r a City Mall (407) 375 -6000 l!} ND
N ` T ` �' / F X : (407) 375 -6090 � _
February 7, 1994 / 1111 V ( /Q)' r �
y ziJA-
Leo Schwartzberg, P.E.
Robert H. Miller & Associates
1800 N. Douglas Road, Suite 200
Pembroke Pines, Florida 33024
RE: BOYNTON BEACH DOWNTOWN MANGROVE PARK
Dear Leo:
Attached please find an application package for the 1994 F.I.N.D grant. As we have
discussed in the past, this is our most critical grant, as we anticipate requesting $300,000.
The requirements for this grant include permitting approval, which in this case will be a
letter from the permitting agencies indicating they anticipate approving the permit (by May
2, 1994) with the City actually receiving permits prior to the final hearing on the grant which
usually is in June.
Please review this application, so we can discuss what sections you will need to complete
and what sections the City staff will need to complete. The deadline for this application is
4:30 P.M. May 2, 1994. Thank you.
Sincerely,
CITY OF BOYNTON BEACH
- f,t.c_e l
Carrie Parker
Assistant City Manager
CP:smb
Attachment
c: Charlie Frederick, Parks & Recreation Director
Americas Gateway to the Gutfstream
�L�Ia FLORIDA INLAND NAVIGATION DISTRICT
iM1IIGA1R111 eis.
„AI rkAC(►A\
January 1, 1994
COMMISSIONERS To: Local Governments
From: David K. Roach, Assistant Executive Director 1)
LENNART E. LINDAHL Subject: 1994 -95 Waterways Assistance Program
CHAIRMAN
PALM BEACH COUNTY
LAURENCE D. LOCKER
VICE CHAIRMAN Attached is an application package for the District's 1994 -95 Waterways
BROWARO COUNTY
Assistance Program. Through this program the District has provided over
JAMES 0 TAYLOR
SECRETARY $ 19 million to local governments within our District to perform
VOLUSIA COUNTY waterways improvement projects. Project types funded include public
STEPHEN NAVARETTA 1 ��
TREASURER navigation, public recreation, inlet management, environmental
5T LUCIE COUNTY education and boating safety projects directly related to the waterways.
ANN R SHORSTEIN The funding level of this years program will be determined in July based
OUVAL COUNTY
PIERRE D THOMPSON upon the availability of funding to the District and the quality and
ST JOHNS CWNTY number of applications received.
WILLIAM T. PARKS
FLAGLER COUNTY
E E HADDEN, JR Applications are due in the District office by 4:30 PM, May 2, 1994.
BREVARD COUNTY Your proposal must be discussed with your local FIND Commissioner
GEORGE P BUNNELL prior to submission to the District office. Please see the application
INDIAN RIVER COUNTY
M. BRENT WADDELL package for the complete program schedule and the name and address of
MARTIN COUNTY your commissioner.
STANLEY E. GOODMAN
DAOE COUNTY Please note that the District has made revisions to Rule 16T -2 and to the
project evaluation and rating form. These changes include :
16T -2.005 Definition of project types in the categories of public
navigation, law enforcement and waterways related environmental
education.
ART WILDE 16T- 2.006(3) Applicants oral presentation will include a discussion of
EXECUTIVE DIRECTOR the answers to the evaluation and rating form questions.
DAVID K. ROACH
ASSISTANT EXECUTIVE DIRECTOR 16T -2.007 Emergency applications for natural disasters.
16T- 2.009(1)(d) Phasing of construction projects.
Please contact me should you have any questions concerning our
program or the application. Solving questions or problems prior to the
preparation and submission of your application will save us both time
RECEIVED ECE+ I ED and effort and result in a better application.
��CEC 2 8 1993
CIE 1 �f71Y 1 314 MARL NSKII ROAD, JUPITER FLORIDA 33477 TELEPHONE 407- 627- 33;386 FAX No 407 624.6486
/Z alfTI
C�
FLORIDA " INLAND
IARICATIOM . j DISTRICT
L %
�_coN 1
FY 1994 -95
WATERWAYS ASSISTANCE
PROGRAM
APPLICATION PACKAGE
FIND
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
APPLICATION INTRODUCTION
Attached are the forms and the administrative rules necessary to apply for
assistance from the District's Waterways Assistance Program. Please follow the
instructions as this will facilitate our review of your project. Only include in
your application those items on the application checklist. To properly
complete the necessary forms you may retype them with your answers.
We will be binding all applications into books for our Commissioners. Because
of this, do not staple or bind your applications. Please just paper clip or gator
clip the application pages together. Also because of the binding process all
information must be on letter sized paper. Any backup materials larger than
this should be hand delivered to the Commissioners during your presentation.
We require fifteen (15) copies of your application for distribution to our eleven
Commissioners and four staff members. We will not reproduce your application
for you.
Finally, we encourage you not to expend large sums of money to provide us with
an elaborate application.
APPLICATION PACKAGE CONTENTS
1. Application schedule
2. FIND Commissioners List
3. 1994 -95 Project Priority List
4. Required Application Attachments list No. 90 -22
5. Application Checklist No. 90-26
6. Applicant and Project Information Form No. 90 -22
7. Project Evaluation and Rating Form No. 91 -25
8. Project Cost Estimate Form No. 90 -25
9. Resolution Form No. 90 -21
10. Waterways Assistance Program Rule Chapter 16T -2 F.A.C.
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
FY 94-95 APPLICATION SCHEDULE
Prior to May 1st Review proposed project with local FIND Commissioner
I May 2, 1994 Application due in District office by 4:30 PM 1
June 24 & 25 Make 15 minute presentation of application to FIND Board
July 22nd FIND Board reviews additional information if requested,
completes rating sheets
July 23rd FIND Board makes final funding decisions (subject to
budget process)
Late September Funded applicants sign project agreement
October 1, 1994 Funds become available, project initiates
BOARD OF COMMISSIONERS
FLORIDA INLAND NAVIGATION DISTRICT
DUVAL COUNTY ST. LUCIE COUNTY
Ms. Ann Shorstein Stephen Navaretta, Esq.- Treasurer
5200 San Jose Blvd. Unit #8 8000 S. Federal Highway, Suite 302
Jacksonville, FL 32207 Port St. Lucie, FL 34952
904- 378-0683 407 -340 -5121
407 -878 -3116 Fax
ST. JOHNS COUNTY MARTIN COUNTY
Mr. Pierre D. Thompson, Mr. M. Brent Waddell
P.O. Drawer 0070 1098 Kubin Avenue
St. Augustine, FL 32085 -0070 Jensen Beach, FL 34957
904- 824 -3100 407- 595 -9010
FLAGLER COUNTY PALM BEACH COUNTY
Mr. William T. Parks Mr. Lennart E. Lindahl- Chairman
11 Fulton Place Lindahl., Browning, Ferari & Helstrom
Palm Coast, FL 32137 210 Jupiter Lakes Blvd., Bldg. 5000, #104
904- 445 -5000 407- 746 -9249
904- 445 -9544 Fax 407- 746 -0272 Fax
VOLUSIA COUNTY BROWARD COUNTY
Mr. James O. Taylor Mr. Laurence D. Locker- Vice Chairman
P.O. Box 8 350 Oaks Lane
Pierson, FL 32180 Pompano Beach, FL 33069
904- 749 -2291 407- 979 -0958
407- 338 -5737 Fax
BREVARD COUNTY DADE COUNTY
E.E. (Gene) Hadden, Jr., M.D. - Secretary Stanley E. Goodman, Esq
333 Cocoa Beach Causeway 909 East 8th Avenue
Cocoa Beach, FL 32931 Hialeah, FL 33010
407 -783 -7711- Cocoa Beach 305- 883 -7733
407 -452 -1061- Merritt Island 305- 883 -9728 Fax
INDIAN RIVER COUNTY
Mr. George P. Bunnell
P.O. Box 8006
Vero Beach, FL 32963
407 - 589 - 5050 - Learning Center
407 - 589 -7723 Fax
Staff
Art Wilde, Executive Director Steve Magee, Field Projects Director
David K. Roach, Asst. Executive Director Cindy L Soles, Administrative Assistant
Brenda Sullivan, Secretary/Data Entry
1314 Marcinski Road, Jupiter, FL 33477, Ph. 407 - 3386, Fax 407 -624 -6480
10/1/93
FLORIDA INLAND NAVIGATION DISTRICT
1994 -95 WATERWAYS ASSISTANCE PROGRAM
PROJECT PRIORITY LIST
1. Public boat ramps and launching facilities
2. Public navigation channel dredging
3. Public navigation channel lighting and markers
4. Waterway signs and buoys for safety, regulation or
information
5. Public boat docking and mooring facilities
6. Public shoreline stabilization
7. Public spoil disposal site development
8. Waterways related environmental education programs and
facilities
9. Public fishing and viewing piers
10. Public waterfront boardwalks
11. Waterways boating safety programs and equipment
12. Inlet management projects related to waterway navigation
improvement
13. Beach renourishment projects related to waterway navigation
improvement
14. Other waterway related projects.
WATERWAYS ASSISTANCE PROGRAM
REQUIRED APPLICATION ATTACLLMENTS
The following items will constitute your application for assistance from this
program. The items should be presented in the order that they are listed on this
form.
1. Completed Application Checklist Form No. 90 -26
2. Completed Assistance Application Form No. 90 -22
3. Completed Project Evaluation and Rating Form No. 91 -25
4. Completed Project Cost Estimate Form No. 90 -25
5. Official Resolution Form No. 90 -21
6. Proof of Site Ownership or Control: Provide proof of the site ownership or
control for a twenty -five (25) year period. Proof of ownership should be by
Attorneys opinion or certification of title. If the project site is leased, a copy
of the lease for the required 25 year period should be attached. All
outstanding rights and interests in the area held by others along with known
easements , deed/lease restrictions and reversionary interests are to be
identified.
7. Location Maps: A map(s) clearly indicating the location of the project within
the county and/or city. This map should be of sufficient detail so that it can be
used to locate the site when driving.
8. Site Development Map: A detailed map(s) clearly showing the project site
boundaries, existing facilities and proposed project improvements. Project
improvements should be clearly shown at a sufficient scale.
The District reserves the right to remove any extraneous non- required
information from the application prior to distribution for board review.
APPLICATION CHECKLIST
(To be completed by the Applicant)
Note: 15 copies of your application are required. Applications shall not be bound but
shall be paper clipped. All information is required to be on 8 1/2" x 11" paper. Maps
and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" x 11" so that they may
be folded out after being hole punched and bound in a book.
YES N�
1. Application Reviewed by Local FIND Commissioner
2. Assistance Application Form No. 90 -22 (2 pages)
3. Project Evaluation and Rating Form No. 91 -25
4. Project Cost Estimate Form No. 90-25 (1 page)
5. Official Resolution Form No. 90 -21 (2 pages)
6. Proof of Land Ownership (Attorney Opinion of Title)
7. County Location Map
8. City Location Map (if applicable) ____
9. Project Boundary Map
10. Site Development Map
Form No. 90 -26
New 12/9/92
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT APPLICATION
APPLICANT INFORMATION
Applicant:
Project Title:
Legislative District in which Project Site is Located:
State Senate: State House:
Liaison Agent:
Title:
Address:
Zip Code:
Telephone:
I hereby certify that the information provided in this application is true and accurate.
Signature: Date:
FIND OFFICE USE
Date Received:
Local FIND Commissioner Approval:
All Required Supporting Documents:
Applicant Eligibility:
Project Eligibility:
Compliance with Rule 16T -2 F.A.C.:
Eligibility of Project Cost:
Form No. 90 -22
New 10/14/92
PROJECT LNFO RMATION
Total Project Cost: $
FIND Assistance Requested: $ % of total cost
Amount and Source of Applicants Matching Funds:
Ownership of Project Site (check one):
Own Leased Other
If leased, please describe lessor term and conditions:
Project type (check one, or more of the following project elements that are part of your project).
Public Navigation Channel Dredging
Public Navigation Channel Lights and Markers
Waterway Signs and Buoys for Safety, Regulation or Information
Public Spoil Disposal Site Development
Public Shoreline Stabilization
Public Boat Ramps and Launching Facilities
Public Boat Docking and Mooring Facilities
Public Fishing and Viewing Piers
Public Waterfront Boardwalks
Waterways Boating Safety Programs and Equipment
Waterways Related Environmental Education Programs and Facilities
Inlet Management Projects Related to Waterway Navigation Improvement
Beach Renourishment Projects Related to Waterway Navigation Improvement
Other Waterway Related Projects
Permits Required:
A -n Y- No N/A Date A. .lied For Dat-
DNR
DER
ACOE
COUNTY /CITY
Other Form No. 90 -22
New 10 -14 -92
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANTANCE PROGRAM
PROJECT EVALUATION AND RATING FORM
The applicant is to answer these questions and enter the project title and applicant name. All waterways assistance projects will be
evaluated by FIND Commissioners using this form. The individual FIND Commissioners will enter the rating points based upon
their evaluation of these criteria and available funding. Projects must recieve a minimum evaluation score of 35 to be
considered for funding.
PROJECT TITLE
APPLICANT
CATEGORY RATING EVALUATION CRITERIA
POINTS
Priority List (1) Where does the project rank on this years approved project priority list ?
(5 points)
Waterway (2) How does the project directly relate to District waterways ?
Relationship
(7.5 points)
(3) Does the project benefit or impair the maintenance of District waterways ?
(4) Does the project benefit public navigation ?
Public Usage (5) Is the public usage of this project clearly quantified ?.._
&Benefit
(7.5 points) , .... .,. „.
(6) Can the project be reasonably used by residents from other counties in the District ?
_
(7) Is the project a priority project for the local county or city ?
_...
Timeliness (8) Has the applicant presented a reasonable timeline for the completion of the project ?
(5 points)
2
Cost- (9) Does the project provide a reasonable public service for the money requested ?
Effectiveness
(5 points)
(10) To what degree does the project demonstrate cost sharing or funding from other sources ?
Viability (11) To what extent does the project duplicate existing efforts ?
(7.5 points)
(12) How will the project continue or be maintained after District funding ceases ?
(13) Will the program result in significant and lasting benefits ?
3
The next series of criteria apply only to development projects.
Permits (14) Have all permits been applied for ? If so, when ?
(15) Has the project recieved all of the required permits ?
(7.5 points)
Design (16) Has the design work and construction engineering been completed ?
(5 points)
4
The next series of criteria only apply to environmental education projects .
Through- (17) Is the target audience clearly identified and quantified with the plan of action well thought out
ness and sufficently detailed ?
(2.5 points)
Measurable (18) Is it apparent from the statements provided ( how many in the audience will do what, by when,
Results etc) that this project will produce measurable results ?
(2.5 points)
Deliverables (19) Are the project deliverables listed and described ?
(2.5 points)
(20) Is there a clear plan of dissemination of the materials produced through the project ?
5
Experience & (21) Does the applicant appear to be sufficiently capable and qualified to conduct the proposed project
Qualifications successfully?
(5 points)
(22) What previous projects of this nature have been completed by the applicant?
RATING POINT FIND COMMISSIONER
TOTAL _ SIGNATURE
FIND Form No. 91 -25
6
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE:
APPLICANT:
Project Elements Quantity Estimated Applicants FIND
(Number and /or Cost Cost Cost
Footage)
TOTALS
Form No. 90-25
New 10/14/92
RESOLUTION FOR ASSISTA ;E
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of
and the State of Florida:
Project Title
Total Estimated Cost S
Brief Description of Project:
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of % of the
actual cost of the project in behalf of said
AND, be it further resolved by the
(Name of Agency)
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 16T -2 F.A.C. and
which will be a part of the Project Agreement for any assistance awarded under the attached
proposal.
Form No. 90 -11
Rev. 10 -14 -92 (1)
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
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 -352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to substantiate
claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of expenses incurred on
the project prior to, or in conjunction with, request for the final 10% of the funding agreed to
by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the at a legal meeting
held on this day of 19
Signature Signature
Title Title
Form No. 90-11
Rev. 10 -14 -92 (2)
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T -2
Waterways Assistance Program
16T -2.001 Purpose
16T -2.002 Forms
16T -2.003 Definitions
16T -2.004 Policy
16T -2.005 Funds Allocations
16T -2.006 Application Process
16T- 2.0061 Emergency Applications
16T -2.007 Application Form
16T -2.008 Project Eligibility
16T -2.009 Project Administration
16T -2.010 Project Agreement
16T -2.011 Reimbursement
16T -2.012 Accountability
16T -2.013 Acknowledgment
16T -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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -2.002 FORME. 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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) "BOARD" means the Board of Commissioners of the Florida
Inland Navigation District.
(5) "DISTRICT" means the Florida Inland Navigation District
(F.I.N.D.).
(6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the
taxing boundaries of the District.
2
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially
designated to act on behalf of the applicant or the project
sponsor.
(9) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the
member counties.
(10) "MATCHING FUNDS" means those funds used by the local
sponsor to match the program funds on a dollar per dollar basis.
(11) "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.
(12) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized
navigation related duties in waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(14) "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.
(15) "PROJECT" means a planned undertaking consisting of
eligible program facilities, improvements or expenses for the use
and benefit of the general public.
3
(16) "PROJECT AGREEMENT" means an executed contract between
the District and a project sponsor setting forth mutual
obligations regarding an approved project.
(17) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and
compliance with project agreement.
(18) "PROJECT PERIOD" means the approved time during which
costs may be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(20) "WATERWAYS" means the Atlantic Intracoastal Waterway,
all navigable rivers, bay, creeks or lagoons intersected by said
waterway and all navigable natural creeks, rivers, bays or
lagoons entering or extending from said waterway.
(21) "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 a balance between quality
of life and quality of the environment of waterways.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 4/29/92.
16T -2.004 POLICY. The following constitutes the policy
of the District regarding the administration of the program.
4
(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
projects and inlet management if the Board finds that the project
is a benefit to public navigation.
(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 if the Board finds
that the project benefits public navigation.
(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
5
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.
(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
(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 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.
(8) Facilities funded in whole or in part by program funds
shall be made available to the general public of all 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 the
project prior to the execution of the project agreement unless
authorized by the Board.
(10) The project shall be completed within three (3)
calendar years of the date of the execution of the project
agreement.
(11) Project funds shall not be spent except as consistent
with the project agreement cost estimate which shall be an
attachment to the project agreement.
(12) All project costs must be incurred and work performed
within the project period as stipulated in the project agreement.
(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.
(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
8
participation in the program until such time as compliance has
been met to the satisfaction of the District,
(17) The project sponsor shall hold the District free and
harmless from any and all demands, claims, causes of action,
expenses, attorney's fees, losses, damage liabilities, awards and
judgments that may arise from or relate to the project.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
and (2) F.S. History -New 12/17/90. Amended 12/20/93.
16T -2.005 FUNDS ALLOCATION. The District will notify
potential eligible governmental agencies of the availability of
program funding.
(1) Financial assistance to eligible government agencies
shall not exceed the proportional share of the District's ad
valorem tax collections from each county in which such agencies
are located.
(2) All financial assistance and support to eligible
governmental agencies shall require matching funds from the
project sponsor with the exception of public navigation, law
enforcement and environmental education projects.
(3) Projects and /or project elements in the categories of
public navigation, law enforcement and environmental education
may recieve funding in excess of fifty per cent of the projects
total cost. Eligible projects and /or project elements in these
categories may include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and markers
9
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
2. Environmental Education Facilities
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F. S. History -New 12/17/90. Amended 6/24/93.
16T -2.006 APPLICATION PROCESS.
(1) Applications for assistance through this program will be
submitted during the authorized submission period which is from
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 F.I.N.D. Resolution Form No. 90 -21 (effective date
September 15, 1990) hereby incorporated by reference and
available from the District office located at 1314 Marcinski
Road, Jupiter, Florida 33477.
(2) Applications will be reviewed by the local F.I.N.D.
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
and for compliance with the eligibility requirements of this
rule. When an application is determined by staff to be
10
incomplete or ineligible, Staff will immediately inform the
applicant by mail. The applicant will then have until the final
presentation date 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
December 10, 1993) hereby incorporated by reference and available
from the District office.
(4) 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 4/29/93 & 6/24/93.
16T- 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
?1
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 rules and any funding
allocated will not exceed the provisions of s.16T- 2.005.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 6/24/93.
16T -2.007 APPLICATION PORN. Florida Inland Navigation
District Waterways Assistance Program Application Forms Number
F.I.N.D. 90 -22 (effective date December 10, 1993) and 93 -22A
(effective date September 10, 1993) 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 F.I.N.D. 90 -22 this form. All applications for
financial assistance and support through this program from
navigation related districts shall be made on For Number
F.I.N.D. 93 -22A.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 6/24/93.
16T -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, inlet management, environmental mitigation and beach
nourishment directly related to the waterways.
12
(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 boat ramps and launching facilities
2. Public navigation channel dredging
3. Public navigation channel lighting and markers
4. Waterway signs and buoys for safety, regulation or
information
5. Public boat docking and mooring facilities
6. Public shoreline stabilization
7. Public spoil disposal site development
8. Waterways related environmental education programs and
facilities
9. Public fishing and viewing piers
10. Public waterfront boardwalks
11. Waterways boating safety programs and equipment
12. Inlet management projects related to waterway navigation
improvement
13. Beach renourishment projects related to waterway
navigation improvement
14. Other waterway related projects.
(b) Project costs ineligible for program funding or matching
funds will include any extraneous recreational amenities not
13
directly related to the waterway. Ineligible amenities may
include 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 shelter and furniture
(c) The following project costs will be eligible for program
funding or as matching funding subject to approval by the Board
of an itemized expense list. Before reimbursement is made by the
District on the following projects costs, the construction of the
project will be completed to the Board's satisfaction:
1. Personnel costs
2. Equipment costs
3. Project management, administration and inspection
4. Design, permitting, planning, engineering, or surveying
costs for a completed construction project
5. In -kind services
6. Restoration of sites disturbed during the construction
of an approved project.
14
(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 Phase I will be
completed by the current completion date of the Phase I
agreement prior to the funding of Phase II, provided, however,
that in extraordinary situations this requirement will be
waived by the Board of Commissioners where an applicant has
provided documentation of all of the following:
1. The delay in completing Phase I is for a reason or
reasons outside the control of the applicant, and the
applicant has demonstrated that it diligently proceeded in
attempting to complete Phase I
2. All the impediments to completion of phase I will have
been resolved on or before the District's final TRIM hearing at
which the Phase II funding is to be finally approved, and the
applicant has provided a timetable showing such completion of
Phase I within this time period; and
3. A delay in funding Phase II would significantly
increase the cost of Phase II, create a substantial likelihood
that Phase II would not be accomplished, or adversely impact on
public safety or the operation of District waterways.
15
(2) The Board will make all final decisions on the
eligibility of a Project or specific project costs.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F.S. History -New 12/17/90. Amended 4/29/92, 6/24/93 &
12/10/93.
16T -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.
(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.
16
(4) Upon reasonable request, the project manager shall have
the right 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, F.I.N.D. Form No. 90-
23 (effective date September 15, 1990) 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. 16T- 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 authorized or reject the final reimbursement
payment which will include all retained funds from previous
requests.
Specific Authority 374.976 (2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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
;7
project agreement shall incorporate the applicable policies and
procedures of the program as outlined in this rule.
(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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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, F.I.N.D. Form No. 90 -24
(effective date December 10, 1993) 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 canceled payment
vouchers for expenditures made.
(2) The District shall retain ten percent 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 of this agreement.
18
(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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 12/10/93.
16T -2.012 ACCOUNTABILITY. The following procedures
shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an
accounting system which 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 F.I.N.D. 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. 16T- 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.
19
(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, F.I.N.D., 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) F.S. 'Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -2.013 ACKNOWLEDGMENT. 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
F.I.N.D. 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.
20
Specific Authority 374.976(2) F.S, Law Implemented 374,976(1'
F.S. History -New 12/17/90.
21
EXHIBIT "C"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT NO.:
PROJECT SPONSOR: BILLING NO.:
Amount of Assistance
Funds Previously Requested —
Balance Available =
Funds Requested
Less Retainage (10%) —
Check Amount =
Balance Available
Less Check Amount —
Balance Remaining =
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B ")
FIND • Form No. 90-24
Rev. 9/3/92
FIND - Form No. 90-24
Page Two
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit 'B ")
Certification 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 Date
FIND - Form No. 90-24
Rev. 9/3/92
EXHJ BI1 NE"
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 , 19 , and that all funds were expended in
accordance with Exhibit "B" and Paragraph 5 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90-23
Rev. 9/3/92
" ANTI , 4 ,
FLORIDA INLAND FLORIDA INLAND NAVIGATION DISTRICT
NAVIGATION DISTRICT
\ � y September 27, 1993
COMMISSIONERS MS. Carrie Parker
Assistant City Manager
LENNART E LINDAHL City of Boynton Beach
CHAIRMAN
PALM BEACH COUNTY P.O. Box 310
LAURENCE D. LOCKER Boynton Beach, FL 33425 -0310
VICE CHAIRMAN
BROWARD COUNTY
JAMES O. TAYLOR RE: FIND Project No. PB- BB -92 -24 Mangrove Nature Preserve
SECRETARY
VOLUSIA COUNTY
STEPHEN NAVARETTA Dear Ms. Parker:
TREASURER
ST LUCIE COUNTY
ANN R. SHORSTEIN Enclosed is your copy of the fully executed project agreement
DUVAL COUNTY amendment for the above referenced project. Should you have any
PIERRE D. THOMPSON questions, please call.
ST JOHNS COUNTY
WILLIAM T. PARKS
FLAGLER COUNTY Sincerely,
E.E. HADDEN. JR.
BREVARD COUNTY r
GEORGE P. BUNNELL
INDIAN RIVER COUNTY :`(�1i` F l Ck—t,
M BRENT WADDELL Brenda Sullivan
MARTIN COUNTY
Secretary
STANLEY E GOODMAN
DADE COUNTY
Enclosure
ART WILDE
EXECUTIVE DIRECTOR
DAVID K ROACH
ASSISTANT EXECUTIVE DIRECTOR
1 AC IVED
SU' 2 8 1993
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407- 627 -3386 FAX No 407- 624 -6480
PROJECT AGREEMENT AMENDMENT
In consideration of the continuing mutual promises and covenants contained in
that certain PROJECT AGREEMENT No. PB- BB -92 -24 between the FLORIDA
INLAND NAVIGATION DISTRICT (F.I.N.D.) and the CITY OF BOYNTON
BEACH hereafter known as the PROJECT SPONSOR. The parties hereby agree that
Paragraph 2 of that certain PROJECT AGREEMENT be deleted and the following
be substituted therefore:
2. The PROJECT SPONSOR shall complete the PROJECT on or
before September 1, 1994. This deadline may be extended with due
reason and prior approval of the F.I.N.D. The PROJECT SPONSOR
acknowledges there are no expressed provisions to carry over
F.I.N.D. GRANT FUNDS provided under this project Agreement
Amendment beyond September 30, 1994.
In WITNESS WHEREOF, the parties have hereunto set their hands and seals
this 21 s V- of SP ?- ---4-0 �-- , 1993.
Attest: F.I.N.D.
("7 ' 7 - 7/ ) /
arikt-4. ) LA i ° -4,_ 0 , , / C A._,V_
t
t �
PROJECT ADMINISTRATOR
V. . � u Q 0 k-3 0, ,,m
Attest: PROJECT SPONSOR
C
aiwy.c. r;‘ '
CONTRACT ADMINISTRAT V
CITY OF BOYNTON BEACH
1�/ / t, . e�9 /` EDWARD F. HARMENING, MAYOR
APPR• i O10R..
f
CITY ATTO',
' ,A LAN •
FLORIDA .,.. INLAND FLORIDA INLAND NAVIGATION D I S T R I C T
NAVIGATION DISTRICT
- c
I kA( N A ' August 23, 1993
Ms. Carrie Parker,Assistant City Manager
COMMISSIONERS City of Boynton Beach
P.O. Box 310
LENNART E. LINDAHL Boynton Beach, FL 33425 -0310
PALM BEACH COUNTY
LAURENCE D. LOCKER Dear Ms. Parker:
VICE CHAIRMAN
BROWARO COUNTY
JAMES O. TAYLOR RE: Waterways Assistance Project(s)
SECRETARY
VOLUSIA COUNTY
STEPHEN NAVARETTA You recently requested a time completion extension to your
TREASURER
ST LUCIE COUNTY Waterways Assistance Project(s) and at this time the extended
ANN R. SMORSTEIN funding is included in our tentative budget for the FY 93 -94. This
DUVAL COUNTY proposed budget will now pass through the TRIM process and will
PIERRE D. TMOMPSON
ST JOHNS COUNTY receive final approval on September 21st. We do not anticipate that
WILLIAM T. PARKS the extension of funding for waterways Assistance Projects will
FLAGLER COUNTY change during this process.
E.E. MADDEN, JR.
BREVARD COUNTY
GEORGE P. BUNNEU Therefore, I am enclosing two originals of a Project Extension
INDIAN RIVER COUNTY , Agreement Amendment for your execution. Please execute and
M. BRENT WADDELL v return both agreements to me for our final execution. One fully
MARTIN COUNTY
STANLEY E. GOODMAN executed original will be returned to you for your records.
•
DADE COUNTY
Should you have any questions concerning this matter please contact
me.
S I 72
ART WILDE
EXECUTIVE DIRECTOR
DAVID K. ROACH David K. Roach
ASSISTANT EXECUTIVE DIRECTOR Assistant Executive Director
RECEIVED
AUG 2 7 1993
CITYMANAGER'SOfFICE
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407. 827 -3386 FAX No. 407- 624$180
AGENDA MEMORANDUM NO. 93-65C
�f}
SEPTEMBER 7, 1993
rLc<L L Ft
X. LEGAL 4: ?d rr 0.
C.8 Proposed Resolution No. 93 -/ RE: Authorize
execution of a project agreement amendment between the
City of Boynton Beach and the Florida Inland Navigation
District reference a time completion extension to the
City's Waterways Assistance Project for Downtown
Mangrove Park
Due to the fact that permits were not yet finalized by all of the
reviewing agencies by the grant timetable, a time extension to
the City's grant agreement under the Florida Inland Navigation
District (FIND) was requested. FIND has granted the City a time
extension and the current agreement needs to be amended to
reflect the time extension. Authorization to approve and sign
the time extension is contained in the attached Resolution.
Carrie Parker
Assistant City Manager
CP:smb
Attachments
•l.ne Ltty of
Boynton Beach .
/o Y N T 100 E. Boynton Brack Boutevard
l 7
O ,o2 P.O. Boo310
4� �
to' Boynton Black, Florida 33425-0310
�� - i a� City Haft. (407) 734.8111
J .. `1 ` FAX: (407) 738.7459
August 2, 1993
Mr. Lennart E. Lindahl
Chairman
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
RE: Mangrove Nature Preserve
Dear Chairman Lindahl:
The City of Boynton Beach is requesting an extension to Phase
One of our Downtown Mangrove Park Project. The City Commission
felt that although Gee and Jenson provide an excellent service to
the City as our City Engineers, the City wanted a specialist on
this project. Unfortunately, we did not make that decision until
notified of the actual award in October, and due to the
Consultants Competitive Negotiation Act, and bi- monthly City
Commission meetings, consultant selection becomes a lengthy pro-
cess.
The City is excited about the possibilities of this project and
committed to its completion. I can promise you, FIND will be
proud to have been a partner with the City when this park is
completed. I would request on behalf of the City of Boynton.
Beach to grant our request for a time extension for the Downtown
Mangrove Park. Thank you for your consideration in this matter.
Sincerely,
CITY OF BOYNTON -BEACH
/,'
4/1,1/. --:7 E men
Mayor
EH: j c
cc: City Commission
J. Scott Miller, City Manager
FIND Commissioners
David Roach, Assistant Executive Director, FIND
America's gateway to the CJulfstream
RESOLUTION '( 44
A RESOLUTION OF THE LITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A PROJECT AGREEMENT
AMENDMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE FLORIDA INLAND NAVIGATION
DISTRICT (F.1.N.D.); SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT 'A " AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Boynton Beach, Florida (CITY) has
requested a time completion extension to its Waterways
Assistance Project; and
WHEREAS, The Florida Inland Navigation District has
advised that they do not anticipate that the extension of
funding for waterways assistance Projects will change during
their budgetary process;
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 Amendment between the City of
Boynton Beach and the Florida Inland Navigation District,
attached hereto as Exhibit "A ".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this day of September, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
FIND.Agr
8/27/93
III. CONSENT AGENDA
} A�1,Ati C.2
- cc: Rercreation
FLORIDA INLAND FLORIDA INLAND N A V I G A
NAVIGATION DISTRICT
� P+` September 30, 1994
COMMISSIONERS Ms. Carrie Parker, City Manager
City of Boynton Beach
LENNART E. LINDAHL 100 E. Boynton Beach Blvd. •
CHAIRMAN
PALM BEACH COUNTY P.O. Box 310
LAURENCE D. LOCKER Boynton Beach, FL 33425 -0310
VICE CHAIRMAN
BROWARD COUNTY
JAMES O. TAYLOR Dear Ms. Parker:
SECRETARY
VOLUSIA COUNTY
STEPHEN NAVARETTA RE: Downtown Mangrove Park Project
TREASURER
ST LUCIE COUNTY
ANN R. SHORSTEIN Enclosed, for your signature, are two original project agreements for
DUVAL COUNTY your approved Waterways Assistance Program project. After they
PIERRE D. THOMPSON have been executed please return both originals to me for execution
ST JOHNS COUNTY
WILLIAM T. PARKS by the District. I will then return one fully executed original
FLAGLER COUNTY agreement to you for your files.
E.E. MADDEN, JR.
BREVARD COUNTY
Should you have any questions in the interim please contact me.
GEORGE P. BUNNELL
INDIAN RIVER COUNTY
M. BRENT WADDELL
MARTIN COUNTY
STANLEY E. GOODMAN Si Agil
DADE COUNTY
David K. Roach
Assistant Executive Director
ART WILDE
EXECUTIVE DIRECTOR
DAVID K. ROACH
ASSISTANT EXECUTIVE DIRECTOR
tI 3 0
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407- 627 -3386 FAX No 407- 624 -6480
( RESOLUTION NO R94-
I A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
1 AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE
il FLORIDA INLAND NAVIGATION DISTRICT AND THE
ii CITY OF BOYNTON BEACH FOR THE
! CONSTRUCTION OF THE DOWNTOWN MANGROVE
I PARK.
� WHEREAS, the City Commission of the City of Boynton Beach, desires to
construct a nature park to further the environmental education of the public as well
li as to assist in the development of downtown Boynton Beach; and
j WHEREAS, the Florida Inland Navigation District (F.I.N.D.) has previously
I approved the City's grant request for the preliminary engineering and permitting of
the park; and
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, Florida,
1 does hereby authorize and direct the Mayor and City Clerk to execute the Project
Agreement between the Florida Inland Navigation District and the City of Boynton
Beach for construction funds for the Downtown Mangrove Park Project; and
Section 2, This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this day of November, 1994.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
1
! Mayor Pro Tem
Commissioner
1 Commissioner
ATTEST:
' City Clerk
(Corporate Seal)
;,NC Pro
'3,2'94
i
The City of
Boynton Beach
�pY N TO 100 E. Boynton Beach Boulevard �l.Q.e� ' C 100 !
4 / " % ; 'L P.O. Box 310 C �
p i " j � Boynton Beach, Florida 33425.0310 - 7 '/
r r, a � City Haft. (407) 734.8111 r.,
J .. • `�` F X: (407) 738 7459 . 214:4-12'424)
67 -(-Le — u,
July 29, 1993
David K. Roach
Assistant Executive Director
Florida Inland Navigation District
1314 Marcenski Road
Jupiter, Florida 33477
RE: FIND PROJECT NO. PB BB - 92 - 24
Dear Mr. Roach:
This letter is to request an extension of the completion date set
forth in the agreement between the City of Boynton Beach and the
Florida Inland Navigation District (FIND) for FIND project number
PB- BB- 92 -24. The project is Phase One, engineering design and
permitting for a mangrove nature preserve. The project status at
this date is 35% complete on planning and surveying, 40% complete
on permitting and 10% complete on engineering plans.
I would like to emphasize that the City is committed to the
completion of this project and that a considerable amount of
staff time and cash was expended by the City prior to approaching
FIND for assistance. Approximately $10,000 (invoices previously
submitted) as well as in -kind services from the City staff has
been contributed to the project. To date under the grant
timetable, the City has already expended $8,500. I am enclosing
the invoices and checks for the work in progress, which have been
paid to date.
At the time of grant submittal and award, Gee and Jensen was
serving as our City Engineer. They continue in that capacity,
however the City Commission felt that a separate engineering firm
was needed to perform the work for this project. Therefore, the
development and mailing of RFP's, interviews, contract
negotiations, and final contract award took up the first
quarter's (Oct. - December) work. The City hired the firm of
Robert H. Miller and Associates and the work is now progressing.
America's Gateway to the Guffstream
Letter to David K. Roach
Page Two
July 29, 1993
Again, I would like to express the City's commitment to complete
this project and respectfully request that the Board grant the
necessary time extension. If additional information is needed,
please advise.
Sincerely,
CITY OF BOYNTON BEACH
Carrie Parker
Assistant City Manager
CP:smb
Enclosures
c: Charles Frederick, Parks & Recreation Director
Central File
Robert K Miler & Associates, Inc.
Consulting Engineers and Planners
July 6, 1993
Ms. Denise Malone
Palm Beach County
Environmental Resources Management Department
3111 South Dixie Highway
Suite 146
West Palm Beach, FL 33405
Dear Ms. Malone:
Re: Boynton Beach Downtown Mangrove Park
Project No. 3563 -01
Enclosed is a completed joint application to allow the filling of ±0.36 acres of
jurisdictional wetlands located at Section 22, Township 45, Range 43 in the City of Boynton
Beach, Palm Beach County, Florida.
Our client proposes to create a mangrove park for public use. This will involve dredging
existing mosquito ditches, constructing a canoe launch area and building a boardwalk ( ±1840' x
6'), pavilion, restrooms, and parking lot. Note that the parking lot and restroom building are
being constructed entirely within existing uplands.
This area is currently influenced by the tidal flow of Lake Worth. The western most
portions of the site have restricted water flow. Dredging and connecting existing canals will
enhance tidal flow which will increase the viability of the mangroves. The proposed north/south
connecting channel east of the restroom building will also serve as a buffer. It will keep the public
out of the adjacent mangroves.
The attached drawings illustrate the proposed plan for the park. If you have any questions
please call.
Sincere /
e• . c wartz, j�, P.
LMS/kam
Att.
cc: J U L 1 6 1993
Bill DeBeck, City of Boynton Beach C{TYMANAGER'SOFFICE
1800 N. Douglas Road, Suite 200, Pembroke Pines, Florida 33024 (305) 436 -7000 Fax (305) 436 -8664
Robert H. Maar & ASSOOOtes, k1C.
Consulting Engineers and Flamers
Project 3563 -01 BOYNTON BEACH MANGROVE PARK Invoice No. 7185
Purchase Order No. 4174 July 7, 1993
Resolution No. R93 -33
CITY OF BOYNTON BEACH
ATTN MS CARRIE PARKER
P 0 BOX 310
BOYNTON BEACH FL 33425 -0310
FOR PROFESSIONAL SERVICES: For work in progress from 5/30/93 through
6/26/93 on services described in our agreement dated March 16, 1993,
as shown below:
Percent Current
Phase Phase Fee Complete Fee Earned Fee
Engineering Plans 10,000.00 10.0 1,000.00
Planning & Surveying 10,000.00 35.0 3,500.00 1,000.00
Permitting 10,000.00 40.0 4,000.00 1,000.00
Total fee billed 8,500.00
Fee previously billed 6,500.00
Current fee billing 2,000.00
TOTAL DUE THIS INVOICE: $2,000.00
ACCOUNT SUMMARY
Document Type Number Date Amount
Invoice 7078 5 -14 -93 2,500.00
Invoice 7146 6 -17 -93 2,000.00
PREVIOUS BALANCE DUE: 4,500.00
TOTAL DUE ON ACCOUNT: $6,500.00
Approved by ..m4
DUE ON PRESENTATION: 1.5% Carrying charge after 30 days.
, - - 4 t
a
"! 1 4 199 lRnn N flnunlac Rnar 3v5) 5�
Suite 200 . Pembroke Pines Florida 33024 • (305) 436 -7000 • Fax (31ft""CE
Robert I-L Miner & Associates, Inc.
Consulfing Engineers and Planners
July 6. 1991
Ms. Denise Malone
Palm Beach County
Environmental Resources Management Department
3111 South Dixie Highway
Suite 146
West Palm Beach, FL 33405
Dear Ms. Malone:
Re Boynton Beach Downtown Mangrove Park
Project No. 3563 -01
Enclosed is a completed joint application to allow the filling of ±0.36 acres of
jurisdictional wetlands located at Section 22, Township 45, Range 43 in the City of Boynton
Beach, Palm Beach County, Florida.
Our client proposes to create a mangrove park for public use. This will involve dredging
existing mosquito ditches, constructing a canoe launch area and building a boardwalk ( ±1840' x
6'), pavilion, restrooms, and parking lot. Note that the parking lot and restroom building are
being constructed entirely within existing uplands.
This area is currently influenced by the tidal flow of Lake Worth The western most
portions of the site have restricted water flow. Dredging and connecting existing canals will
enhance tidal flow which will increase the viability of the mangroves. The proposed north/south
connecting channel east of the restroom building will also serve as a buffer. It will keep the public
out of the adjacent mangroves.
The attached drawings illustrate the proposed plan for the park. If you have any questions
please call.
Sincere! /
1
eo . c wart :, P.
LMS/kam /
Att.
cc. J U l 1 b 1993
Bill DeBeck, City of Boynton Beach CrTYMANAGERSOFfICE
1800 N Douglas Road, Suite 200, Pembroke Pines, Florida 33024 (305) 436 -7000 Fax (305) 436 -8664
\ 1
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FOR PROFESSIONAL SERVICES: For work in progress from 5/02/93 through
5/29/93 on services described in our agreement dated March 16, 1993,
as shown below:
Percent Current
Phase Phase Fee Complete Fee Earned Fee
Engineering Plans 10,000.00 10.0 1,000.00
Planning & Surveying 10,000.00 25.0 2,500.00 2,000.00
Permitting 10,000.00 30.0 3,000.00
Total fee billed 6,500.00
Fee previously billed 4,500.00
Current fee billing 2,000.00
TOTAL DUE THIS INVOICE: $2,000.00
o Approved by ■•'
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DUE ON PRESENTATION: 1.5% Carrying charge after 30 days.
COMMISSION
JUL 6 1993
APPRuVAL ��
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FOR PROFESSIONAL SERVICES: For work in progress through 4 -03 -93 on
services described in our agreement dated March 16, 1993 which
included field vist and stakeout for jurisdictional review, as shown
below:
Percent Current
Phase Phase Fee Complete Fee Earned Fee
Engineering Plans 10,000.00 0.0 .00
Planning & Surveying 5,000.00 10.0 500.00 500.00
Permitting 15,000.00 10.0 1,500.00 1,500.00
Total fee billed 2,000.00
Fee previously billed y00
Current fee billing 2,000.00
TOTAL DUE THIS INVOICE: 12,000.00
°.-4.
Approved by ..gle
41/7
DUE ON PRESENTATION: 1.5% Carrying charge after 30 days.
, ;�
COMMISSION
WM 1 s RECE E )
APh UML t,PR 2 9 t3
CITY MANAGERS OFFICE
1800 N. Douglas Road, Suite 200 • Pembroke Pines, Florida 33024 • (306) 436 -7000 • Fax (305) 436 -8664
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CITY OF BOYNTON BEACH VOUCHER NO. 111255
NAMC ? : , - ".. "iLL F A.S3CCI
.OUCNER DAR AMOUNT VOUCHER DAR AMOUNT VOUCHER DAR AMOUNT
:.7072 5/14/93 450C.00
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P 0 BOX 310
BOYNTON BEACH FL 33425 -0310
FOR PROFESSIONAL SERVICES: For work in progress from 4/04/93 through
5/01/93 on services described in our agreement dated March 16, 1993,
as shown below:
Percent Current
Phase Phase Fee Complete Fee Earned Fee
Engineering Plans 10,000.00 10.0 1,000.00 1,000.00
Planning & Surveying 5,000.00 10.0 500.00
Permitting 15,000.00 20.0 3,000.00 1,500.00
Total fee billed 4,500.00
Fee previously billed 2,000.00
Current fee billing 2,500.00 n��
TOTAL DUE THIS INVOICE: $2,500.00 r �
iaa
n rk Account Summary Number Date Amount
f Q
Invoice 7050 4 -21 -93 2,000.00
PREVIOUS BALANCE DUE: 2,000.00
TOTAL DUE ON ACCOUNT: $4,500.00
Approved by ��/
DUE ON PRESENTATION: 1.5% Carrying charge after 30 days.
COMMISSION RECERTED
JUL 6 1993 MAY 2 0 1993
APPROVAL CrTYMANAQER50F E •
lam N tln,,..1.. RnsA CAdto . Pomhrnlra Pit-tat Florida 11119,1 . ('x(151 d'4R -7nl ) • Fax ('3 (151 4_'3Ei -RRA4
.A` Ti p
Rom, .... INLAND FLORIDA INLAND NAVIGATION DISTRICT
NAVIGATION DISTRICT
��TRACl1P►���ti May 13, 1993
Ms. Came Parker, Assistant City Manager
COMMISSIONERS City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
STANLEY E GOODMAN
CHAIRMAN Boynton Beach, Fl 33425 -0310
DADE COUNTY
PIERRE D THOMPSON Dear Ms. Parker:
VICE CHAIRMAN
ST JOHNS COUNTY
E E HADDEN, JR RE: Project No. PB BB 92 -24, Mangrove Nature Preserve
SECRETARY
BREVARD COUNTY
LENNART E LINDAHL Thank you for your recent status report. It was nice to see you again when
TREASURER you visited our office in April.
PALM BEACH COUNTY
ANN R SHORSTEIN
DUVAL COUNTY As we discussed at that meeting, the District revised our Waterways
WILLIAM T PARKS Assistance Program rules during the year to require that permitting of a
FLAGLER COUNTY project be completed prior to the funding of the construction elements
JAMES 0 TAYLOR Unfortunately it appeared that the permitting for the nature preserve could not
VOLUSIA COUNTY be completed prior to the funding date of the FY 1993 -94 WAP program
GEORGE P BUNNELL
INDIAN RIVER COUNTY Therefore we are unable to provide funding for your construction elements at
STEPHEN NAVARETTA this time.We look forward to participating in the construction of this preserve
ST LUCIE COUNTY in the future when the permits have been received.
M BRENT WADDELL
MARTIN COUNTY
Since by rule we can not reimburse Phase I expenditures until construction
LAURENCE D LOCKER starts, it appears there will be a need to extend your existing funding for
BROWARD COUNTY
another year. I will be sending you a letter in June requesting that you advise
us of the schedule of your project and if it will not be completed by the project
deadline, recommend that you formally request an extension. All extensions
are granted for a one year period. Only one request has ever been turned
down by the Board.
I am pleased that progress is being made on this project. If I can provide any
ART WILDE assistance please let me know. -
EXECUTIVE DIRECTOR
DAVID K ROACH
ASSISTANT EXECUTIVE DIRECTOR
S cerelr
David K. Roach
Assistant Executive Director : 2 d
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407 627 -3386 FAX No 407- 624 -6480
Q gre
MEMORANDUM NO. 93-042C Q'ite
TO: J. Scott Miller
City Manager" l
FROM: Carrie Parker E t c
Assistant City Manager
DATE: June 1, 1993
SUBJECT: DOWNTOWN MANGROVE PARK
Planning and design work has been progressing on the Downtown
Mangrove Park. Unfortunately, due to Hurricane Andrew and the
large increase of funding requests anticipated for the upcoming
year, F.I.N.D. revised their rules to require that applicants
have permits in hand at the time of •rant submittal: T1ie —
• 11 s were approve. .y t e City Commie • March 2, 1993
and grant applications were due May 1, 1993. Permits for this
project could not be secured by May 1, 1993 so the City did not
submit for this year. It is anticipated that an extension may be
needed as the project may not be permitted and completed by the
September 1, 1993 deadline.
Attached is the update from F.I.N.D. regarding the rule change.
Staff is anticipating applying for Phase Two construction funding
for the next grant cycle on May 1, 1994.
If there are any questions please let me know.
Ca .(A.-A-4 0
Carrie Parker
CP /smb
Attach.
c: Charlie Frederick, Recreation & Parks Director
Chris Cutro, Planning & Zoning Director
JUN 1 _ 1993
Chn 41 '
AGENDA MEMORANDUM NO. 92 -222C / "
November 4, 1992
D
II. ADMINISTRATIVE yr g-TU/Q G
G. RFP - F.I.N.D. Grant for Downtown Mangrove Nature
Park
Attached please find a Request for Proposal for engineering/
design services for the Downtown Mangrove Nature Park. The
City has received a F.I.N.D. grant for this project and we
are anticipating filing another grant application to assist
with funding construction costs. The panel for screening is
suggested to be Carrie Parker, Charlie Fredericks, Chris
Cutro, a representative from the Parks and Recreation Board,
and a representative from C.R.A.B.
j
L, �.• L, lr L G
Carrie Parker
Assistant City Manager
CP:cd
L
1 0
REQUEST FOR PROPOSALS
DOWNTOWN MANGROVE NATURE PARK
Section 1 - Submittal Information
A. The City of Boynton Beach will receive proposals until Tuesday,
December 15, 1992 at 2:00 PM in the Purchasing Department located
on the second floor of City Hall, in order to provide the City
with professional assistance regarding the creation of a public
educational nature park, complete with boardwalks, parking,
restrooms, and possible canoe trails.
B. Any proposals received after above stated time and date will not
be considered. It shall be the sole responsibility of the
Proposer to have their proposal delivered to the Purchasing office
for receipt on or before the above stated time and date. It is
recommended to send proposals by Federal Express or some other
method that creates a paper trail. Proposals which arrive after
the above stated deadline as a result of delay by the mail service
shall not be considered, shall not be opened at the public
opening, and arrangements shall be made for their return at the
Proposers request and expense.
C. These Proposals will be publicly opened in the City Commission
Chambers, at 2:30 PM on Wednesday, January 6, 1993. All Proposers
or their representatives are invited to be present. City
Commission Chambers is located on the first floor of City Hall,
100 E Boynton Beach Boulevard.
D. A pre - submittal conference will be held Tuesday, December 1st,
1992 at Boynton Beach City Hall, 100 E Boynton Beach Boulevard at
2:00 PM in the Conference Room on the ground floor to answer
questions pertaining to the request for proposal. All Proposers
are urged to attend, as no additional information will be given
over the phone and no additional meetings will be scheduled with
proposers to discuss the project. The issuance of a written
addendum is the only official method whereby interpretation,
clarification or additional information can be given. If any
addenda(s) are issued to this request for proposal, the City will
attempt to notify all prospective Proposers who have secured
same, however, it shall be the responsibility of each Proposer,
prior to submitting the proposal, to contact the City Purchasing
office at (407) 738 -7415 to determine if any addenda(s) were
issued and to make such addenda(s) acknowledgment as part of the
proposal.
E. Seven (7) signed copies of your proposal shall be submitted
one sealed package clearly marked on the outside "Downtown
Mangrove Nature Park Engineering Proposal ", and addressed to:
Lana Koester, Purchasing Director, City of Boynton Beach, 100 E.
Boynton Beach Blvd— PO Box 310, Boynton Beach, Florida,
33425 -0310.
F. Proposals shall clearly indicate the legal name, address and
telephone number of the Proposer (firm, corporation, partnership,
individual). Proposals shall be signed above the typed or printed
name and title of the signer. The signer shall have the authority
to bind the Proposer to the submitted proposal. Proposer must note
Federal I.D. number on proposal.
G. All expenses for making proposals to the City are to be borne by
the Proposer.
H. A sample draft contract that the City intends to execute with the
successful firm is contained in this request for proposal for
review. The City reserves the right to reject any agreement or
contract that does not conform to the request for proposal and
City Attorney approved contract language. The actual scope of
services (Exhibit "A ") and the contract price (Exhibit "B ") will
be negotiated following selection of the top firm. The scope of
services will closely track this scope of work detailed in Section
2.
Section 2 - Scope of Work
A. Background - The City of Boynton Beach has entered into a 27 year
lease with the Diocese of Palm Beach for approximately 10 acres of
environmentally sensitive land consisting mainly of undeveloped
mangrove ecosystem. This project is adjacent to the Intracoastal
Waterway (ICWW), and the ICWW and the property are connected by at
least three tidal inlets along the western border of the waterway.
The property is also located in the City's Downtown Central
Business District, which has been the focus of recent redevelop-
ment efforts. The proposed park project is anticipated to serve
as a destination location to assist with increasing traffic in the
downtown area. The City envisions a boardwalk area, complete with
educational kiosks, picnic table areas, an observation tower and
possible canoe trails. Existing upland area will be used for
parking and public restroom areas. There are existing mosquito
control ditches which need to be addressed to provide good tidal
flushing and possible canoe trail area. The education aspect is
to provide for an explanation of a mangrove ecosystems, and flora
and fauna of the area. The City has received a Florida Inland
Navigation District grant for this phase of the project. We are
looking for a design that can provide a fun, educational
experience, while preserving the environment and expounding on the
natural beauty of the area.
B. The Project - The City is seeking engineering, architectural, and /or
planning assistance to develop the park site as described above. The
project is anticipated to be broken down into three areas:
1. Planning and Surveying - The total site has been surveyed, however,
additional survey work may need to be done to accomodate the
boardwalk and the environmentally sensitive area.
2. Permitting - Due to the nature and location of this project,
construction and environmental permitting is a concern.
Preliminary meetings have been held with the Department of
Environmental Regulation, Corps of Army Engineers, and Palm Beach
County Environmental Resource Management. The agency personnel
considered the project permittable with emphasis on utilizing
existing upland for parking and restrooms and staged construction
of the boardwalk to minimize mangrove impacts.
3. Design, Plans, and Specifications - It is anticipated that a future
grant to assist with funding construction will be applied for to
F.I.N.D. Accordingly, the record and ability of a firm to assist
in preparing grant documents, bid documents, and construction/
inspection supervision will be considered as part of the selection
process for those firms submitting proposals for this phase of the
project. Construction costs are estimated to be approximately
$300,000 to $325,000. As this is a grant funded project, all work
for this phase shall be completed by September 30, 1993.
Section 3 - General Information and Selection Criteria
A. Proposal should be designed to portray to the City how your firms
range of services can best assist with the development of this
park. In order to evaluate the proposals, each proposal shall
include, at a minimum, the following information:
1. Experience of the firm with similar and environmentally sen-
sitive projects.
2. It is essential that the project be supervised and carried out
by personnel possessing training and experience appropriate to
the nature of the project. The proposal shall include:
a) The names and positions of each professional to be
assigned to this project, including familiarity with environ-
mental permit requirements by various State /Federal /local
agencies.
b) The estimated amount of involvement expressed as a percen-
tage of time, of each of the staff members
c) Resumes of academic training and employment in the appli-
cable field
d) Evidence of possession of required licenses or business
permits
e) Evidence of any previous experience in projects of a 5•m,
lar nature - provide contact names and phone numbers along
with project names and appropriate agency contacts for the
following types of projects: F.I.N.D. grants, DNR, DER,
Army Corps and Palm Beach County ERM permits
3. Reference listing, including contact names and phone numbers
4. A list of all lawsuits in which the firm has been named as a
party in the past two (2) years.
B. The City will provide a panel composed of staff and Advisory Board
members. Firms will be asked to make formal presentations to the
panel, who will interview, evaluate, and rank the top three firms
pursuant to the provisions of F.S. 287.055. These three finalists
will be presented to the City Commission who may request formal
presentations prior to final selection of a consultant for this
project.
C. Insurance - The consultant shall secure and maintain in force
throughout the duration of this project comprehensive general
liability insurance with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and
$500,000 per occurrence /aggregate for property damage, and pro-
fessional liability insurance in the amount of $1,000,000. Said
general liability policy shall name the City of Boynton Beach as
an additional named insured and shall include a provision prohi-
biting cancellation of said policy except upon thirty (30) days
prior written notice to the City. Certificates of coverage as
required by this section shall be delivered to the City within fif-
teen (15) days of execution of a contract.
D. The following items are attached with the proposal in Appendix A
and must be completed and submitted with any proposal in order to
have a valid proposal. They are:
1. Public Entity Crime Affidavit
2. Anti - Kickback Affidavit
3. Minority Owned Business Statement
E. After ranking is completed, the City will negotiate an agreement
substantially based on the attached contract in Appendix B and the
scope of services to be developed from this request for proposals.
The City reserves the right to include additional provisions if
the inclusion 1s in the best interest of the City, as determined
solely by the City. Assuming the successful negotiation of an
agreement, the formal contract will be formalized by the City
Attorney and submitted to the City Commission for approval.
F. Each entity, by submission of a proposal, acknowledges that in the
event of any legal action challenging the award of this project,
damages, if any, shall be limited to the actual cost of the pre-
paration of the proposal.
APPENDIX A
Proposal Submittal Forms
1. Public Entity Crime
2. Anti - Kickback
3. Minority Business
These forms must be completed and submitted with all proposals. Failure to
fully complete and submit will result in disqualification of proposal.
REVISION OF
SWORN STATEMENT
PUBLIC ENTITY CRIMES - FLORIDA
FLORIDA STATUTES 287.133
Effective October 1, 1990, the 1990 Legislature approved a revised Florida
Statue, allowing the "Public Entity Crime" Affidavit(s) to be filed for
1 calendar year (Jan.1991 - Dec.1991).
This means that prior to entering into a Contract with a public entity for
the provision of goods or services, the lease of real property, or the con-
struction or repair of a public building or public work in excess of the
threshold amount for Category Two ($10,000.) a person shall file a sworn
statement with the contracting officer of that public entity.
Any person submitting a bid or proposal in response to an invitation must
execute the enclosed form PUR 7068, SWORN STATEMENT UNDER SECTION 287.133(3
STATUES, ON PUBLIC ENTITY CRIMES, including proper check(s). in the
space(s) provided, and enclose it with his bid or proposal. If you are submi
ting a bid or proposal on behalf of dealers or suppliers who will ship
commodities and receive payment from the resulting contract, it is your respc
sibility to see that copy(s) of the form are executed by them and are include
with your bid or proposal. Corrections to the form will NOT be allowed after
the bid or proposal opening time and date. Failure to complete this form in
every detail and submit it with your bid or proposal will result in immediate
disqualification of your bid or proposal.
The file M -U -S -T include all completed forms whether the bid or proposal was
awarded or not.
SWORN STATEMENT PURSUANT TO SECTION 2117.L33(3)(e),
ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
. OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
L This sworn statement is submitted to
(print name of the public endty]
by
(print Individual's name and tide]
for
(print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this
Sworn statement: .)
2. I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that 'convicted' or'conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gent, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an 'affiliate as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term 'affiliate includes those officers, directors,
executives, perinea, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when, not for fair market value under an arm's length
agreement, shall be a prima fade case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate
5. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on informatir Ind belles the statement which 1 have m td below is true in relation to the entity
submitting this swrn._ statement. [Indicate widen ststesaot appiaes4
Neither the entity submitting this sworn statement, nor any of its offices, directors, executives,
parmers, shareholders, emntoyeea, members, or agents who are active in the management of the eadty, nor
any affiliate of the entity bas been charged with and convicted of a public entity crime subsequent to Daly
1, 1989,
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing g Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE TBRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this day of , 19
Personally known
OR Produced identification Notary Public - State of
My commission espires
(Type of identification)
(Printed typed or stamped
commissioned name of notary public)
Form PUR 7068 (Rev. 06/18/92)
ANTI - KICKBACK AFFIDAVIT
STATE OF FLORIDA
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no
portion of the sum herein bid will be paid to any employees of
the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by
an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of 19
Printed Information:
NAME
NOTARY PUBLIC, State of Florida TITLE
at Large
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use
and information. Please fill out and indicate :.z the
appropriate spaces provided which category best describes your
company. Return this form with your Bid proposal sheet making it
an official part of your Bid response.
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
Do you possess a Certification qualifying your business as a
"Minority Owned Business "?
YES NO
If YES, Name the Organization from which this certification was
obtained and date:
Issuing Organization for Certification
Date of Certification
APPENDIX B
SAMPLE CONTRACT
NSUL A"NT AGREEMENT =!.RY
SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as "the City ", and
hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City *7
perform services in connection with the
project designated
2. Scope of Services. Consultant agrees to perform the services,
identified on Exhibit "A" attached hereto, including the
provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence
upon the giving of written notice by the City to the Consultant
to proceed. Consultant shall perform all services and provide
all work product required pursuant to this agreement within
calendar days from the date written notice is
given to proceed, unless an extension of such time is granted In
writing by the City.
4. Payment. The Consultant shall be paid by the City for completec
work and for services rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made a:
provided on Exhibit "B" attached hereto, provided that the
total amount of payment to Consultant shall not exceed
$ without express written modification of the
agreement signed by the City.
b. The consultant may submit vouchers to the City once per
month during the progress of the work for partial payment
for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment wii
be made to the Consultant in the amount approved.
c. Final payment of any balance due the Consultant of the Iota
contract price earned will be made promptly upon its
ascertainment and verification by the City after the
completion of the work under this agreement and its
acceptance by the City.
d. Payment as provided in this section shall be full
compensation for work performed, services rendered and for
all materials, supplies, equipment and incidentals necessar
to complete the work.
e. The Consultant's records and accounts pertaining to this
agreement are to be kept available for inspection by
representatives of the City and state for a period of
cons�.o..nnv Agrtcrncnu
Page 2
three (3) years after final payments. Copies shall be made
available upon request.
5. ownership and Use of Documents. All documents, drawings,
specifications and other materials produced by the Consultant in
connection with the services rendered under this agreement shall
be the property of the City whether the project for which they
are made is executed or not. The Consultant shall be permitted
to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection
with Consultant's endeavors.
6. Compliance with laws. Consultant shall, in performing the
services contemplated by this agreement, faithfully observe and
comply with all federal, state and local laws, ordinances and
regulations that are applicable to the services to be rendered
under this agreement.
7. Indemnification. Consultant shall indemnify, defend and hold
harmless the City, its officers, agents and employees, from and
against any and all claims, losses or liability, or any portion
thereof, including attorneys fees and costs, arising from injury
or death to persons, including injuries, sickness, disease or
death to Consultant's own employees, or damage to property
occasioned by a negligent act, omission or failure of the
Consultant.
8. Insurance. The Consultant shall secure and maintain in force
throughout the duration of this contract comprehensive general
liability insurance with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and
$500,000 per occurrence /aggregate for property damage, and
professional liability insurance in the amount of $1,000,000.
Said general liability policy shall name the City of Boynton
Beach as an additional named insured and shall include a
provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates
of coverage as required by this section shall be delivered to the
City within fifteen (15) days of execution of this agreement.
9. Independent Contractor. The Consultant and the City agree that
the Consultant is an independent contractor with respect to the
services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither
Consultant nor any employee of Consultant shall be entitled to
any benefits accorded City employees by virtue of the services
provided under this agreement. The City shall not be responsible
for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer
with respect to Consultant, or any employee of Consultant.
Consultant Agreement
Page 3
10. Covenant Against Contingent Fees. The Consultant warrants that
he has not employed or retained any company or person, other tha
a bonafide employee working solely for the Consultant, to solici
or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bonafide employee workin
solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For
breach or violation of this warranty, the City shall have the
right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, 0
otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the
work performed by it under this agreement, will not discriminate
on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of
materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of th
services covered by this agreement without the express written
consent of the City.
13. Non - waiver. Waiver by the City of any provision of this
agreement or any time limitation provided for in this agreement
shall not constitute a waiver of any other provisions
14. Termination.
a. The City reserves the right to terminate this agreement at
any time by giving ten (10) days written notice to the
Consultant.
b. In the event of the death of a member, partner or officer c
the Consultant, or any of its supervisory personnel assignE
to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this
agreement, if requested to do so by the City. This sectior
shall not be a bar to renegotiations of this agreement
between surviving members of the Consultant and the City,
the City so chooses.
15. Disputes. Any dispute arising out of the terms or conditions of
this agreement shall be adjudicated within the courts of Florid,
Further, this agreement shall be construed under Florida Law.
Consultant Agreement
Page 4 _
16. Notices. Notices to the City of Boynton Beach shall be
sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Attn:
Notices to Consultant shall be sent to the following
address:
17. Integrated Agreement. This Agreement, together with
attachments or addenda, represents the entire and
integrated agreement between the City and the
Consultant and supersedes all prior negotiations,
representations, or agreements written or oral. This
agreement may be amended only by written instrument
signed by both City and Consultant.
DATED this day of 199
CITY OF BOYNTON BEACH
Mayor Consultant
Attest /Authenticated:
Title
City Clerk (Corporate Seal)
Approved as to Form: Attest /Authenticated:
Office of the City Attorney Secretary
Rev. 1/22/91
Appendix C
Location Maps
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^� � -T-1 A C0 , ' . `i_wa
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: CITY OF BOYNTON BEACH
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FEET PROPERTY BOUNDARY MAP
LEGEND
GEE & JENSON ENGINEERS -ARCHITECTS -PLANNERS. INC
-- • -- PROPERTY BOUNDARY
DOWNTOWN MANGROVE NATURE PARK
to LOT DESIGNATIONS PALM BEACH COUNTY , FLORIDA
APPLICANT : CITY OF BOYNTON BEACH
o f) ' D J J06 N0 DRAWING NC
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SCALE APP'�.GR0VVL ® FILE NO
SHEET 2 OF
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'The City of
Boynton Beach
-�Y j 100 B. Boynton Beach Boufcvanf
/0 , � / - - � .Z` P.O. Box 310
4
(p ; m Barton Beach, Tlorufa 33425 -0310
\ r a
4 City Ha( (407) 734-8111
�'J N .' FAX: (407) 738 -7459 - �2L` �/ /
j t_
August 2, 1993 %//�/`
- ;'` i46 >1'(?-7
Mr. Lennart E. Lindahl r
Chairman
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
RE: Mangrove Nature Preserve
Dear Chairman Lindahl:
The City of Boynton Beach is requesting an extension to Phase
One of our Downtown Mangrove Park Project. The City Commission
felt that although Gee and Jenson provide an excellent service to
the City as our City Engineers, the City wanted a specialist on
this project. Unfortunately, we did not make that decision until
notified of the actual award in October, and due to the
Consultants Competitive Negotiation Act, and bi- monthly City
Commission meetings, consultant selection becomes a lengthy pro-
cess.
The City is excited about the possibilities of this project and
committed to its completion. I can promise you, FIND will be
proud to have been a partner with the City when this park is
completed. I would request on behalf of the City of Boynton
Beach to grant our request for a time extension for the Downtown
Mangrove Park. Thank you for your consideration in this matter.
Sincerely,
CITY OF BOYNTON -BEACH
, �� �.
' - .0 ti. / . c4ii
-- E ward H rmenng
Mayor
EH:jc
cc: City Commission
J. Scott Miller, City Manager
FIND Commissioners
David Roach, Assistant Executive Director, FIND
America's Gateway to the Guffstream
� .t
*l.A I � ,
FLORIDA INLAND FLORIDA INLAND NAVIGATION DISTRICT
NAVIGATION DISTRICT
, \, � � 12
� I hA ,(1 September 28, 1992
/ „.
`
COMMISSIONERS Ms. Sue Krus, City Clerk -
City of Boynton Beach
STANLEY E. GOODMAN P.O. Drawer 310 t //
CHAIRMAN t
DADE COUNTY Boynton Beach, FL 33425 -0310
PIERRE D. THOMPSON
VICE CHAIRMAN Dear Ms. Krus:
ST JOHNS COUNTY
E.E. HADDEN, JR
SECRETARY RE: FIND Project No. PB- BB- 92 -24, Mangrove Nature Preserve.
BREVARD COUNTY
LENNART E LINDAHL Attached is your copy of the fully executed project agreement for the
TREASURER
PALM BEACH COUNTY referenced project. Please contact me should you have any questions.
ANN R. SHORSTEIN
DUVAL COUNTY
WILLIAM T. PARKS Sinc
FLAGLER COUNTY
JAMES O TAYLOR
VOLUSIA COUNTY
GEORGE P BUNNELL
INDIAN RIVER COUNTY Art Wilde
STEPHEN NAVARETTA Executive Director
ST LUCIE COUNTY
M BRENT WADDELL
MARTIN COUNTY AW:rb
LAURENCE D. LOCKER
BROWARD COUNTY Enclosures
ART WILDE
EXECUTIVE DIRECTOR
DAVID K ROACH
ASSISTANT EXECUTIVE DIRECTOR
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407 -627 -3386 FAX No 407- 624-6480
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO PB- BB -92 -24
This PROJECT AGREEMENT made and entered into this 1st day of October,
1992, by and between the Florida Inland Navigation District (hereinafter "F.I.N.D. "),
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 16T -2
of the Florida Administrative Code (Exhibit "A "), F.I.N.D. has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
( "PROJECT ") consisting of Mangrove Nature Preserve. Said project is more
specifically described in the PROJECT SPONSOR's Waterways Assistance Application
which is on file at F.I.N.D. headquarters.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless otherwise authorized and
shall complete the PROJECT and submit all required payment reimbursement
information on or before September 1, 1993, unless the PROJECT period has been
extended with the prior written approval of F.I.N.D. In no event, however, shall the
PROJECT period extend beyond three (3) years from the date of the execution of this
Agreement. The PROJECT SPONSOR acknowledges there are no provisions to carry
over F.I.N.D. assistance funding under this Agreement beyond September 30, 1993.
3. ASSISTANCE AMOUNT - F.I.N.D. shall contribute no more than
fifty percent (50 %) of the PROJECT SPONSOR'S out -of- pocket costs for completion
of this PROJECT ( "PROJECT AMOUNT "). [NOTE: F.I.N.D. is statutorily
authorized to fund up to one hundred percent (100 %) of the financial assistance and
support for public navigation, law enforcement, and environmental education projects;
all other projects shall require matching funds from the Sponsor.] Payment of funds by
F.I.N.D. to the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT ") will be on a
reimbursement basis 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 $15,250.00.
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 will provide F.I.N.D. with suitable evidence of the availability of such
funds, including but not limited to, providing F.I.N.D. 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 F.I.N.D.
6. PRE - AGREEMENT COSTS - F.I.N.D. and the PROJECT SPONSOR
fully understand and agree that there shall be no reimbursement of funds by F.I.N.D.
for any obligation or expenditure made prior to the execution of this Project Agreement
with the exception of $0.00 for: N /A.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to F.I.N.D. and summarized on the Payment Request Form attached as
Exhibit C. Supporting documentation including bills and canceled payment vouchers
for expenditures shall be provided to the F.I.N.D. 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
F.I.N.D. or by an auditor selected by F.I.N.D. Audit expenses shall be borne by the
PROJECT SPONSOR. Project funds may be released in installments, at the discretion
of F.I.N.D., upon submittal of a payment request by the PROJECT SPONSOR or
LIAISON AGENT. F.I.N.D. 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 F.I.N.D. and in accordance with Exhibit "A ": personnel,
equipment, project management, administration, inspection, and design, permitting,
planning, engineering, and /or surveying costs. F.I.N.D. shall have the right to
withhold any payment hereunder, either in whole or part, for non - compliance with the
terms of this Agreement.
2
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon
completion of the PROJECT, shall make available to F.I.N.D. a Final Audit of
expenses incurred on the PROJECT prior to or in conjunction with the request for the
final payment of the PROJECT AMOUNT. The Payment amounts previously retained
by F.I.N.D. shall be paid upon (1) receipt of the Final Audit report by F.I.N.D., (2)
full completion of the PROJECT to the reasonable satisfaction of F.I.N.D., and (3)
submission of Project Completion Certification Form No. 90 -23 (Exhibit E). Unless
otherwise determined by F.I.N.D., the final reimbursement check shall be presented by
a F.I.N.D. 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 F.I.N.D., 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 - F.I.N.D. shall have the right to reimbursement,
either in whole or part as it may determine, of the funds provided hereunder for non-
compliance by the PROJECT SPONSOR with any of the terms of this Project
Agreement. Upon notification from F.I.N.D., the PROJECT SPONSOR shall
reimburse such funds directly to F.I.N.D.
11. F.I.N.D. PROJECT MANAGER - David K. Roach, Assistant
Executive Director, or his successor, is hereby designated as F.I.N.D.'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. SPONSORS LIAISON AGENT - The PROJECT SPONSOR shall
appoint a Liaison Agent, whose name and title shall be sumitted to F.I.N.D. upon
execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement.
13. QUARTERLY REPORTS - The PROJECT SPONSOR's Liaison Agent
shall submit to F.I.N.D quarterly project status reports during the PROJECT term.
These Quarterly Reports are due on December 1st, March 1st, May l st and September
1st of the Project term. Quarterly reports shall summarize the work accomplished,
3
problems encountered, percentage of completion and other appropriate information.
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.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local permits and regulations in the development of the PROJECT.
The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in
compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules 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 when
completed, the PROJECT site shall be dedicated for the public use for a minimum
period of twenty -five (25) years, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a
permanent sign, approved by F.I.N.D., in a prominent location at the completed
project which shall indicate that F.I.N.D. was a joint participant and contributor to the
development of the PROJECT. This sign shall contain the F.I.N.D. logo (Exhibit
"D ") unless otherwise stipulated by F.I.N.D. In the event that the SPONSOR erects a
temporary construction sign, it shall also indicate F.I.N.D.'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
4
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. HOLD HARMLESS - The PROJECT SPONSOR agrees to defend and
hold F.I.N.D., its Commissioners, employees, agents, and its successors and assigns
free and harmless from and against any and all demands, claims, causes of actions,
expenses, attorney's fees, losses, damage liabilities, awards, and judgments, that may
arise from or relate to this Agreement or the construction or maintenance of the
PROJECT improvements..
20. INSPECTIONS - F.I.N.D. reserves the right 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. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of
F.I.N.D.
22. WAIVERS - Waiver of a breach of any provision of this Agreement
shall not be deemed a waive 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 F.I.N.D. or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return
receipt.
To F.I.N.D. at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
To PROJECT SPONSOR at:
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425 -0310
24. GOVERNING LAW - The validity, interpretation and performance of
this Agreement shall be controlled and construed according to the laws of the State of
Florida.
5
25. TRANSFERENCE - It is the intent of F.I.N.D. 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 this
facility 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, F.I.N.D. retains the right to reimbursement from the PROJECT
SPONSOR for its participation to the full extent of the funding assistance awarded to
accomplish this facility.
26. 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.
27. LITIGATION COSTS - In the event that F.I.N.D. 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 and appellate levels.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITN' FLORIDA I . ID NAVIG • IO /DISTRICT
4 .,, By: _ ....01.. - .....40 --
C I' .r-r
' 9 4S 411... t • �/ , � r ._� DATE:
WITNESSES: PROJEC SPONSOR ,
C4eted-azrza291 By: , ,,,,,e_ e_ .
Title: /1.PV.va le/E /.✓4 //Ave.?
Gtec 1 J .r .,,._ DATE: .er,c�2 /5 /: 9-
// Ti ' a. TO f9liNJ
6
EXHIBIT "A"
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T -2
Waterways Assistance Program
16T -2.001 Purpose
16T -2.002 Forms
16T -2.003 Definitions
16T -2.004 Policy
16T -2.005 Funds Allocations
16T -2.006 Application Process
16T -2.007 Application Form
16T -2.008 Project Eligibility
16T -2.009 Project Administration
16T -2.010 Project Agreement
16T -2.011 Reimbursement
16T -2.012 Accountability
16T -2.013 Acknowledgment
16T - 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T - 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12 /17/90.
16T - 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) "BOARD" means the Board of Commissioners of the Florida
Inland Navigation District.
(5) "DISTRICT" means the Florida Inland Navigation District
(F.I.N.D.).
(6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the
taxing boundaries or the 1)isLricL.
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially
designated to act on behalf of the applicant or the project
sponsor.
(9) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the
member counties.
(10) "MATCHING FUNDS" means those funds used by the local
sponsor to match the program funds on a dollar per dollar basis.
(11) "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.
(12) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized
navigation related duties in waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(14) "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.
(15) "PROJECT" means a planned undertaking consisting of
eligible program facilities, improvements or expenses for the use
and benefit of the general public.
(16) "PROJECT AGREEMENT" means an executed contract between
the District and a project sponsor setting tortli mutual
obligations regarding an approved project.
(17) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and
compliance with project agreement.
(18) "PROJECT PERIOD" means the approved time during which
costs may be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(20) "WATERWAYS" means the Atlantic Intracoastal Waterway,
all navigable rivers, bay, creeks or lagoons intersected by said
waterway and all navigable natural creeks, rivers, bays or
lagoons entering or extending from said waterway.
(21) "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 a balance between quality
of life and quality of the environment of waterways.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 4/29/92.
16T -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, extension, improvement, operation
or the maintenance of public navigation, public recreation, inlet
management, environmental education 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 projects and inlet
management if the Board finds that the project is a benefit to
public navigation.
(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 and boating safety projects
directly related to the waterways. Eligible local governments
may also be provided financial assistance, support and
0
cooperation in planning and carrying out beach renourishment and
inlet management projects if the Board finds that the project
benefits public navigation.
(c) Navigation related districts may be provided with
financial assistance to pay part of the costs of the 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.
(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 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 after project
completion. Such dedication shall be in the form of a deed,
lease, manayumenL ayt uumunL or oLiltU• l e g a l l y b i n d i n g clucsumunL and
shall be recorded in the public property records of the county in
which the property is located.
(8) Facilities funded in whole or in part by program funds
shall be made available to the general public of all 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 the
project prior to the execution of the project agreement unless
authorized by the Board.
(10) The project shall be completed within three (3)
calendar years of the date of the execution of the project
agreement.
(11) Project funds shall not be spent except as consistent
with the project agreement cost estimate which shall be an
attachment to the project agreement.
(12) All project costs must be incurred and work performed
within the project period as stipulated in the project agreement.
(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.
(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) The project sponsor shall hold the District free and
harmless from any and all demands, claims, causes of action,
expenses, attorney's fees, losses, damage liabilities, awards and
judgments that may arise from or relate to the project.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
and (2) F.S. History -New 12/17/90.
16T -2.005 FUNDS ALLOCATION. The District will notify
potential eligible governmental agencies of the availability of
program funding.
(1) Financial assistance to eligible government agencies
shall not exceed the proportional share of the District's ad
valorem tax collections from each county in which such agencies
are located.
(2) All financial assistance and support to eligible
governmental agencies shall require matching funds from the
project sponsor with the exception of public navigation, law
enforcement and environmental education projects.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F. S. History -New 12/17/90.
16T - 2.006 APPLICATION PROCESS.
(1) Applications for assistance through this program will be
submitted during the authorized submission period which is from
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 F.I.N.D. Resolution Form No. 90 -21 (effective date
September 15, 1990) hereby incorporated by reference and
available from the District office located at 1314 Marcinski
Road, Jupiter, Florida 33477.
(2) Applications will be reviewed by the local F.I.N.D.
Commissioner before being submitted to the District office. Upon
receipt in the District office, staff will review the
ahh l l ca L I ons for comb I iLunouu of Lite I n l urma L I una I rtyii l rcinunLu
and for compliance with the eligibility requirements of this
rule. 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 final
presentation date 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. Following the presentations, the Board will review
the applications and evaluate them using the Project Evaluation
and Rating Form No. 91 -25 (effective date January 24, 1991)
hereby incorporated by reference and available from the District
office.
(4) 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90. Amended 4/29/92.
16T - 2.007 APPLICATIONS FORM. Florida Inland Navigation
District Waterways Assistance Program Application Form Number
b'. t . N. D. 90 - 22 (effective September lb, 1990) is hereby
incorporated by reference and available from the District office.
All applications for financial assistance and support through
this program shall be made on this form.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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, inlet management, and beach nourishment directly
related to the waterways.
(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
r
applicants with the project application.
1. Public boat ramps and launching facilities
2. Public navigation channel dredging
3. Public navigation channel lighting and markers
4. Waterway signs and buoys for safety, regulation or
information
5. Public boat docking and mooring facilities
6. Public shoreline stabilization
1. Public spoil disposal B 1 Le development_
8. Public fishing and viewing piers
9. Public waterfront boardwalks
10. Waterways related environmental education programs and
facilities
11. Waterways boating safety programs and equipment
12. Inlet management projects related to waterway navigation
improvement
13. Beach renourishment projects related to waterway
navigation improvement
14. Other waterway related projects.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F.S. History -New 12/17/90. Amended 4/29/92.
(b) Project costs ineligible for program funding or matching
funds will include any extraneous recreational amenities not
directly related to the waterway. Ineligible amenities may
include 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 shel ter and furniture
(c) The following project costs will be eligible for program
funding or as matching funding subject to approval by the Board
of an itemized expense list. Before reimbursement is made by the
District on the following projects costs, the construction of the
project will be completed to the Board's satisfaction:
1. Personnel costs
2. Equipment costs
3. Project management, administration and inspection
4. Design, permitting, planning, engineering, or surveying
costs for a completed construction project
5. In -kind services
6. Restoration of sites disturbed during the construction
of an approved project.
(2) The Board will make all final decisions on the
eligibility of a Project or specific project costs.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F.S. History -New 12/17/90. Amended 4/29/92.
16T - 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 w i l l 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 right 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, F.I.N.D. Form No. 90-
23 (effective date September 15, 1990) 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. 16T
(d) Photograph(s) of the completed project clearly showing
the program improvements.
(6) The project manager will review the project completion
package and will authorized or reject the final reimbursement
payment which will include all retained funds from previous
requests.
Specific Authority 374.976 (2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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.
(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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -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, F.T.N.D. Form No. 90 -24
(effective date September 15, 1990) I►ui e1)y Incor1>ui at_ut1 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 canceled payment
vouchers for expenditures made.
(2) The District shall retain ten percent 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 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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T - 2.012 ACCOUNTABILITY. The following procedures
shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an
accounting system which 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 F.I.N.D. during the project period. These
reports will summar. i ze 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. 16T- 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, F.I.N.D., 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
16T -2.013 ACKNOWLEDGMENT. 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
F.I.N.D. 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) F.S. Law Implemented 374.976(1)
F.S. History -New 12/17/90.
r
EXHIBIT "B"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE: Downtown Mangrove Nature Park
APPLICANT: City of Boynton Beach
Oty. (# and /or Applicant's FIND
Project Elements Footage) Est. Cost Cost Cost
Phase I (FY '92 - '93)
A. Planning & Surveying Job $ 5,000 $ 2,500 $ 2,500
B. Permitting Job $ 9,500 $ 4,750 $ 4,750
C. Design, Plans and
Specifications Job $ 16,000 $ 8,000 $ 8,000
Subtotal $ 30,500 $ 15,250 $ 15,250
Phase II (FY '93 - '94)
A. Boardwalk Construction 1,000 LF $200,000 $100,000 $100,000
B. Parking Lots Construc- 30 spaces $ 25,000 $ 12,500 $ 12,500
tion
C. Restroom Construction Job $ 30,000 $ 15,000 $ 15,000
D. Ditch Flushing En-
hancement Job $ 50,000 $ 25,000 $ 25,000
E. Construction Phase
Services Job $ 5,500 $ 2,750 $ 2,750
Subtotal $310,500 $155,250 $155,250
TOTALS $341,000 $170,500 $170,500
Form No. 90 -25
New 9/15/90
EXHIBIT "C"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT NO.:
PROJECT SPONSOR: BILLING NO.:
Amount of Assistance
Funds Previously Requested —
Balance Available =
Funds Requested
Less Retainage (10%) —
Check Amount =
Balance Available
Less Check Amount —
Balance Remaining =
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B ")
Certification 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 Date
FIND - Form No. 90 -24
Rev. 9/3/92
EXHIBIT "D"
t,St *ANTjc
FLORIDA INLAND
NAVIGATION DISTRICT
'.)ktkkt
AA ��‘y CO
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 19 , and that all funds were expended in
accordance with Exhibit "B" and Paragraph 5 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90 -23
Rev. 9/3/92
1S Ifs-*
FLORIDA INLAND FLORIDA INLAND NAVIGATION DISTRICT
NAVIGATION DISTRICT
I kAC O A September 2, 1992
COMMISSIONERS Ms. Carrie Parker, Assistant City Manager
City of Boynton Beach
STANLEY E. GOODMAN P.O. Box 1 J 10
CHAIRMAN
DADE COUNTY Boynton Beach, FL 33425 -0310
PIERRE D. THOMPSON
VICE CHAIRMAN
ST JOHNS COUNTY Dear Ms. Parker:
E E HADDEN, JR
SECRETARY RE: Waterways Assistance Project No. PB BB 92 -24, Mangrove
BREVARD COUNTY
LENNART E. LINDAHL Nature Preserve
TREASURER
PALM BEACH COUNTY
Attached for your signature are two project agreements for the
ANN O TEIN
DUV AL referenced project. Please execute both agreements and return them to
COUN TY
WILLIAM T PARKS the District for final execution by our Chairman. Note that initiation of
FLAGLER COUNTY the project can not commence prior to the execution of these agreements
JAMES O. TAYLOR unless authorized by the District.
VOLUSIA COUNTY
GEORGE P. BUNNELL
INDIAN RIVER COUNTY
STEPHEN NAVARETTA
ST LUCIE COUNTY Sinc ly,
M BRENT WADDELL
MARTIN COUNTY
LAURENCE D LOCKER
BROWARD COUNTY
David K. Roach
Assistant Executive Director
Enclosures
ART WILDE
EXECUTIVE DIRECTOR
DAVID K. ROACH
ASSISTANT EXECUTIVE DIRECTOR
RECEIVED
SEP 11 1992
CITY MANAGER'S OFFICE
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407- 627 -3386 FAX No 407- 624 -6480
RESOLUTION NO. R92 -/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ii AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE THE FLORIDA INLAND
NAVIGATION DISTRICT PROJECT AGREEMENT
FOR A MATCHING GRANT IN THE AMOUNT OF
�i $15,250.00 UNDER THE FLORIDA INLAND
1� NAVIGATION DISTRICT WATERWAYS ASSISTANCE
PROGRAM FOR DESIGN AND CONSTRUCTION OF
DOWNTOWN MANGROVE NATURE PARK.
WHEREAS, the CITY OF BOYNTON BEACH is interested in carrying
out the following described project for the enjoyment of the
citizenry of Boynton Beach and the State of Florida:
Project Title and No.: Downtown Mangrove Nature
Park, Project No.
?3- BB -92 -24
1 and;
WHEREAS, Florida Inland Navigation District financial
assistance is required for the program mentioned above,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
'11 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City of Boynton Beach has received a
!matching grant from the Florida Inland Navigation District
in an amount of 50% of the Project Sponsor's out -of- pocket
I fcosts for completion of this Project, which amount shall not
exceed $15,250.00.
Section 2. The City Commission of the City of
'Boynton Beach, Florida deems it to be in the best interests
',of the citizens and residents of the City of Boynton Beach
to execute the Florida Inland Navigation District Project
i;Agreement, attached hereto as Exhibit "A ".
�I I,
Section 3. That this Resolution shall become
effective immediately upon passage.
PASSED AND ADOPTED this day of September, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
Navig.Dis(F.I.N.D.)
9/15/92
The City of
Boynton Beach
Y N T 100 E. Bo Be /J � /
0� �Z� P O. Box 3 I 0 r G
Q , m', 'Boynton 'Beach, ffonda 33425.0310
7 " I! a City Halt (407) 734.8111 � ,
'` _ _� FAX: (407) 738.7459
April 30, 1992
Florida Inland Navigation District
1314 Marcenski Road
Jupiter, FL 33477
Attn: Board of Commissioners
Dear Commissioners:
The City Commission of the City of Boynton Beach has set forth its desire
to develop one of the last remnants of natural shoreline properties into a
nature walk, park site, and canoe trails. The City has begun negotiations
with the Diocese of Palm Beach, the owners of the site, to enter into a
long -term lease.
The Church has agreed to lease the property to the City for $10.00 per year
and we are just finalizing the details, such as insurance coverage for the
property. Attached is a letter from the broker for the Church, confirming
the Church's intent to lease to the City. The reverter clause has been
expanded to 36 months and is only exercised if the City fails to begin
construction by 36 months from the date of execution of the lease. The
City will provide copies of the fully executed lease agreement as soon as
it is finalized.
At the City Commission meeting of May 5, 1992 the attached resolution
seeking funding on a 50% match basis for Phase I of this project from the
District, will be on the Commission agenda for approval.
If further information or clarification of this grant application is
needed, please advise.
Sincerely,
CITY OF BOYNTON BEACH
/2
Ca rrie Parker
Assistant City Manager
cc: J. Scott Miller, City Manager
Central File
Charles Frederick, Recreation & Park Director
America's Gateway to the Guffstream
c P L >r
L
4 Harvard Circle . 'butte 300 • West Palm Beach, Florcda 3340'
& Associates, Inc Telephone 407-684-3700 • Fax 407-697-4855
Ltcenscd Real Estate Broker k
r
INDUSTRIAL • COMMERCIAL • OFFICE • INVESTMENTS • INSTITUTIONAL • REAL ESTATE ASSETS MANAGEMENT
December 10, 1991
Carrie A. Parker
The City of Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, Florida 33425 -0310
(407) 734 -8111
RE: ST. MARK'S MANGROVE AREA - POSSIBLE LEASE TO BOYNTON BEACH
Dear Ms. Parker:
The Diocese of Palm Beach has agreed to lease the mangrove portion of
the property at St. Mark Catholic Church to the City of Boynton Beach,
and their attorney will be instructed to draft a lease contract for
this purpose. The general terms and conditions of the lease that have
been found acceptable to the Diocese are as follows.
Term of lease: 27 years
Reverter date: 18 months from lease date
Rental amount: $10.00 per year
Total amount of property leased: Approximately 10 acres - the City
will provide a survey to determine
legal description, size & location
Costs incurred by the Diocese: None - the attorney fees, real
estate fees, real estate taxes,
cost of survey, and any other
expense created by this lease will
be paid by the City
The attorney for the Diocese, Edward D. Lewis, Esquire, will draft a
lease based upon the above information plus other necessary language
for the protection of Bishop J. Keith Symons. I will send this draft
to you for the City's review and acceptance before obtaining the
signature of Bishop Symons. If you have any questions, please feel
free to call me. Kind regards, and warm wishes for a happy holiday
season.
Sincerely, RECEIVED
D. . LEWIS & AIA ES, INC.
/ e ms''" `' �� / '7 .4 nFC 11 1991
Angina D. McWat ers ITY MANAGER'S OFFICE
ill
� Vice President /Broker
(
1,L,� U b md}t „ ' / • ndtvidual Membership in
lour Professional Commercial- Investment Real Estate Source REALTORt The Society of Industrial & Office REALTORS'
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1
RESOLUTION NO. R92-
1 A RESOLUTION OF THE CITY COMMISSION OF
I THE CITY OF BOYNTON BEACH, FLORIDA, FOR
ASSISTANCE UNDER THE FLORIDA INLAND
( 1 NAVIGATION DISTRICT WATERWAYS ASSISTANCE
PROGRAM FOR DESIGN AND CONSTRUCTION OF
DOWNTOWN MANGROVE NATURE PARK.
WHEREAS, the CITY OF BOYNTON BEACH is interested in
arrying out the following described project for the
njoyment of the citizenry of Boynton Beach and the State of
lorida:
Project Title: Downtown Mangrove Nature Park
1 Total Estimated Cost: $341,000.00
1
1 Brief Description of Project: The proposed project is
to restore an existing 12+ ac. mosquito control ditched area
I1py cleaning out the ditches to provide tidal flushing,
onstructing pedestrian boardwalks through the area as
ublic educational nature trails, and constructing upland
ublic parking and restrooms. The project is proposed in
w o phases: Phase 1 will cover planning, desi and
I e Phase 2 will cover plans and specifications
ids and construction.
AND, Florida Inland Navigation District financial
assistance is required for the program mentioned above,
I
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA that the project
I 'described above be authorized,
AND, be it further resolved that said City of Boynton
'Beach make application to the Florida Inland Navigation
�istrict in the amount of 50% of the actual cost of the
project in behalf of said City,
AND, be it further resolved by the City of Boynton
'peach, that it certifies to the following:
I
1. That it will accept the terms and conditions set
1 iforth in FIND Rule 16T -2 F.A.C. and which will be a part of
the Project Agreement for any assistance awarded under the
ilattached 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
�Ispecifications attached thereto unless prior approval for
any change has been received from the District.
11
3. That it has the ability and intention to finance
I share of the cost of the project and that the project
;will be operated and maintained at the expense of said City
; of Boynton Beach for public use.
I; 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 -352
1(1984) and design and construct all facilities to comply
fully with statutes relating to accessibility by handicapped
� persons as well as other federal, state and local laws,
I l i rules I and requirements.
5. That it will maintain adequate financial records
on the proposed project to substantiate claims for
1,reimbursement.
If
6. That it will make available to FIND if requested,
la post -audit of expenses incurred on the project prior to,
r in conjunction with, request for the final .O% of the
unding agreed to by FIND.
PASSED AND ADOPTED this day of May, 1992.
it
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
' ity Clerk
`(Corporate Seal)
avig.Dis
L/29/92
I I
1'