R94-182RESOLUTION NO. R94-/,~',~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE
FLORIDA INLAND NAVIGATION DISTRICT AND THE
CITY OF BOYNTON BEACH FOR THE
CONSTRUCTION OF THE DOWNTOWN MANGROVE
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
as to assist in the development of downtown Boynton Beach; and
WHEREAS, the Florida Inland Navigation District (F.I.N.D.) has previously
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,
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
will become effective immediately upon
~ This Resolution
passage.
PASSED AND ADOPTED this
/ day of November, 1994.
Mayor
AT. TEST'
~cit~'Cierk -'
(Corporate Seal)
FIND.Pm
1 {:)/27/94
Mayor Pro Te~
Oom
FLORIDA INLA~ NAVIGATION DISTRICT
PROJECT AGREEMENT ~
PROJECT NO. PB BB 94-36
This PROJECT AGREEMENT made and entered into this day of
,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
shah complete the PROJECT and s~abmit aH 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
i'equire 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. REIMBIJRSEMENT 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,
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. ..FIN/i,L 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 conj unction 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 paxt 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.
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 sucl~ 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.
18. PROJECT MAINTENANCE ::'~en and where applicabl~, 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 PRDJECT 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 fight, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The rights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns. 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
To PROJECT SPONSOR at:
City of Boynton Beach
I00 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.
WITNESSES:
FLORIDA INLAND NAVIGATION DISTRICT
By:
CHAIRMAN
WITNESSES:
DATE:
PROJECT SPONSOR
By:
Title:
DATE:
EXHIBIT "A"
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T-2
Waterways Assistance Program
16T~2.001 ~l-l~ose
16T-2.002 Forms
16T-2o003 Definitions
I6T-2.004 Policy
16T-2.005 Funds Allocations
16T-2.006 Application Process
16T-2.0051 Emergency Applications
16T-2.007 Application Form
16T-2.008 Project Eligibilit~
16T-2.009 Project Administration
16T-2.010 Project Agreement
16T-2.011 Reimbursement
16T-2.012 Accountabilit~
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
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially
designated to ~ct 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.
(1'3) "PROGI~a~M" 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 t~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.
(1) Financial assistance, support and cooperation may be
provided to eligible governmental agencies ~for approved projects
as follows:
(a) Member .~ounties may be provided financial assistance,
support or cooperation in planning,
construction, reconstruction, extensio~
or the maintenance of public navigation
management, environmental education, la
safety projects directly related to
counties may also be provided financia
~cquisition, development,
~, improvement, operation
public recreation, inlet
enforcement and boating
the waterways. Member
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, la% enforcement and boating
safety projects directly related to t
local governments may also be provide
support and cooperation in planning
renourishment and inlet management proj
that the project benefits public navigatJ
(c) Navigation related districts
financial assistance to pay part of the
acquisition of dredge material managem~
~e waterways. Eligible
d financial assistance,
~nd carrying out beach
acts if the Board finds
.on.
may be provided with
osts of the planning and
~nt sites if the Board
finds that.the site is required for the!l°ng range maintenance of
the Atlantic Intracoastal Waterway channel. All such sites must
(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) Ail project costs must be incurred and work performed
within the project period as stipulated in the project agreement.
participation in the program until such time as compliance has
been met to the satisfaction of the District.
(17) The pr?ject 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. A~ended-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 Iocated.
(2) Ail 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
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 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 scheduledmeeting 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 A~PLIC~TIONS. 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
(a) Program funds may he 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
navigation improvement
14. Other waterway related projects.
funds
related to waterway
(b) Project costs ineligible for program funding or matching
will include any extraneous recreational amenities not
13
(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.
(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 andavailable 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 Authori~ 374.976 (2) F.S.
F.S.
Law Implemented 374.976(1)
History-New 12/17/90.
16T'1.010 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
(3) The final reimbursement check shall be presented by a
District representative to the project sponsor during a public
commission meet%n~ 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
SpeCific Authority 374.976(2)
F.S. History-New 12/17/90.
Law Implemented 374.976(1)
21
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAY5 ASSISTANCE PROGRKM
PROJECT COST ESTIMATE
PROJECT TITLE:
APPLICANT:
BOYNTON BEACH ~ KANGROVK PARK
CITY OF BOYNTON BKACH
Project Elements
Quantity EstimaLed Applicants
(Number and/or Cost Cost Cost
Footage)
[. Boardwalk...6' ~rLde
HeeC:Ln8 PlaC£oru
2~x12v Covered
3. Observac:l. on PI. at:form
SpI.:LC Level Covered
~.. Pach-6 ~vj. de
10,500
@ $47.00 per S.~.
$493,500 $306,150 $187.35
290 S.F.
@ $47.00per S.F. 13,630
450
@ $47.00 per S.F. 21,150
13,630 "0-
13,500 7,65~
2400 S.F.
@ $36.58 per S.F. 87,792 87,792 -0-
5. ldmdscap~n~ I L.S.
@ $5,00 per L.S. 5,000 5,000 -0-
Selective Clear:Lu~ 5 A.C.
Exotics, ere, @~$2,000per &.C. 10,000 10,000 .-G-
7. Nangrove Trim.inS 150HR.
@ $50. per HR. 7,500 7,500 ~
~. Disposal o£Debr~s I L.S.
O~fs~ce @ $3,000per L.S. 3,000 3,000 -0-
~'ncerprec:f. ve SCab
and
L.S.
$250000 per L.S. 25,000
25,000 -0-
TOT~, ~' $
Form No. 90-25
New 10/14/92
EXHIBIT B
FI,OR.IDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGILA~M
PROJECT COST ESTIMATE
PROJECT TITLF~
APPLICANT;
BOTNTON BEACH DOb~qTOb~q KANGROVE PARK
'CITY OF BOYNTON BF. ACH
Project Elements
Quantity F~timated
(Number and/or Cost
Foo~ge)
9. Restroo~ Facilit~
10. Parking Lot Filled
12. Dratnaae Structures
I L.S.
@ $70,000 per L.S.
IL. S.
~$25,000 per L.S.
I L.S.
@ $1,200 per L.S.
I L.S.
Pipes, Culverts, etc. @ $5,000 per L.S.
13. Vater and Sever I L.S.
Services @ S9,~00per L.S.
Subtotal
ConsttueCiouSupetv~ston
Biddtn8 & Contract Ad~Lutstzatton
and Spec~[icat~ou~
TOTAL~
70,000
25,000
9,500
$777,272.00
38,863.60
19,431.80
62,667.56
$898,234.96
Applicaflt~
Cost
70,000
25,000
9,500
$$82,272.00
38,863.60
19,~31.80
62,667.56
$703,234.96
FI~
C~
.--o-
$195,0(
-~0-
}195,00~
Form No. 90-25
New 10/14/92
EXHIBIT B
EXHIBIT "C"
FLOR]DA INLAND NAVIGATION DISTRICT-
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIM3~SE~NT REQUEST FORM
PROJECT NAME:
PROJECT SPONSOR:
Amount of Assistance
Funds Previously Requested
Balance Available
Funds Requested
Less Retainage (10%)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
PROJECT NO.:
BILLING NO.:
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B~)
SCHEDULE OF EXPENDI'IIJRES
Check No. Total
Vendor Name and Date Cost
Applicant
Cost
FIND
Cost
FIND - Form No. 90-24
Rev. 9~3/92
FIND - Form No. 90-24
Page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant Fib
Cost Co
Ceaification 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 Exhibk "B' of the
Project Agreement.
Project Liaison
FIND - Form No. 90-24
Rev. 9/3/92
Date
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 pi:oject
inspection and submits fmalre~bursement 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.
FLORI
NAVIGATION
INL
DISTRICT
.0'4Z -/e'..Z
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. PB BB 94 -36
This PROJECT AGREEMENT made and entered into this /9'N" day of
6 - C.--kic:AQ { ,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.
r)
J 1
WIT • FLORID '' AND N . .' /ON D. S+ '
A ir By: 1\ it' v ll,
C AIR ' AN
%�..0 k,,- ‘ �V (0.t o DATE: //
WITNESSES: PRO,JE T SPONS
�11 a 16 . rt , z iu..� By: 7/ , ,
Title:
E. F. Harmenin•, Mayor
O.J /�,. 4� DATE: //A 9 4 I'
APPROY,D, tikes - M:
CITY ATTORNEY
6