R92-167RESOLUTION NO. R92-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
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
$15,250.00 UNDER THE FLORIDA INLAND
NAVIGATION DISTRICT WATERWAYS ASSISTANCE
PROGRAM FOR DESIGN AND CONSTRUCTION OF
DOWNTOWN MANGROVE NATURE PARK°
WHEREA$~ 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.
PB-BB-92-24
and;
WHEREAS, Florida Inland Navigation District financial
assistance is required for the program mentioned above,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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
costs 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
Agreementt attached hereto as Exhibit "A".
Section 3. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~- day of September, 1992.
CiTY OF BOYNTON BEACH, FLORIDA
M~yor
ATTEST:
(Corporate Seal)
Navig. Dis[F.I.N.D.)
9/15/92
o°J~~her
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 arid covenants contained herein, the
parties agree as follows:
1. PRO.IECT - Subject to the provisions of tiffs Agreement and Rule 16T-2
of the Florida Administrative Code (Exhibit "AW), 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 Watenvays Assistance Application
which is on file at F.LN.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 AMOIJNT - 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. MATCltI~G 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. ~ - 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 WB.~ 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 PROCEDURI~.g - PROJECT COSTS shall be
reported to F.I.N.D. and summarized on the Payment Request Form attached as
Exhibit C. Supporting documentation inciuding bills and canceled payment vouchers
for expenditures shall be provided to the F.I.N.D. by the PROJECT SPONSOR or
LIAISON AOEIqT 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 REIMBIIRSEMENT 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 O) 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. NONCOMPLIANC__~ - 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.LN.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. OIJARTERLY 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 1st and September
1st of the Project term. 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.
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 statuto~ 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. ~ DErsI ~ - 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
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. ~ - 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, muses of actions,
expenses, attorney's fees, losses, damage liabflitiei, awards, and judgments, that may
arise from or relate to this Agreement or the construction or maintenance of the
PROJECT improvements..
20. ~ - F.I.N.D. reserves the right to inspect said PROJECT
and any and all records related thereto at any time.
21. RIGHTS AND DI,rl~W.~ - 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
lupiter, Florida 33477
To PROJECT SPONSOR at:
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
24. ~ - 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 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 ~co 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 triaI and appellate levels.
IN WITNESS WI-m~REOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
PROJEC/~ SPONSOR
EXHIBIT "A"
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T-2
Waterways Assistance Program
16T-2.001
16T-2.002
16T-2.003
16T-2.004
16T-2.005
16T-2.006
16T-2.007
16T-2.008
16T-2.009
16T-2.010
16T-2.011
16T-2.012
16T-2.013
16T-2.001
Purpose
Forms
Definitions
Policy
Funds Allocations
Application Process
Application Form
Project Eligibility
Project Administration
Project Agreement
Reimbursement
Accountability
Acknowledgment
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
will be known hereafter as the Florida Inland
District,s Waterways Assistance Program.
Specific Authority 374.97612) F.S. Law
F.S. History-New 12/17/90.
related districts within the District.
Implemented
This program
Navigation
374.976(1)
16T-2.002 FORMS. Ail 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.
this rule are defined as follows:
(1) "APPLICANT,, means an
submitting an application through this
(2) "APPLICATION,, means a project
documentation.
The basic terms utilized in
eligible governmental
program.
proposal with the
agency
required
(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
taking boundaries of tile D|strict.
(7) "EXECUTIVE DIRECTOR" means the Executive
Florida Inland Navigation District.
Director of the
(8) "LIAIBON 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) "M~TCMIN~ 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) "PROGP~M FUNDS" means financial
the Board to a project for release to
assistance awarded by
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 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.
(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
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
sits 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, l,al'lflgel~el'lt flgl'eeltl~ll[ Or O|;lle[' 'lega.l.l¥ b|li(|Jllg duclllllellt alld
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.
with
(11) Project funds shall not be spent except as consistent
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.
(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) Ail development projects must be designed so as not to
impact navigation along
placement of structures,
boating speed zone for
the District,s waterways through the
attendant uses, or the necessity of a
safety purposes. Before applying for
boating speed zone designation in District waterways because of a
project funded by this program,
approval from the Board.
(15) The project
operation, maintenance,
the sponsor shall first receive
sponsor shall be responsible for the
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 preven~ 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
demand return of program funds disbursed
for non-compliance with
or this rule. Failure
provisions of this rule
project agreement and
to the project sponsor
any of the terms of the project agreement
of a project sponsor to comply with the
or'the project agreement shall result in
sponsor ineligible for further
as compliance has
the District declaring the project
participation in the program until such time
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
potential eligible governmental agencies of
program funding.
District will notify
the availability of
(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) 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.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F. S. History-New 12/17/90.
16T-2.006 APPLICATION PROCESB.
(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
September 15, 1990) hereby incorporated by
available from the District office located at
Road, Jupiter, Florida 33477.
(2) Applications will be reviewed by the local F.I.N.D.
(effective date
reference and
1314 Marcinski
Commissioner before being submitted to the District office. Upon
receipt in the District office, staff will review the
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 me~ting 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.
District Waterways Assistance Program
F.I.N.D. 90-22 (ef£eotive September
incorporated by reference and available from the District
Florida Inland Navigation
Application Form Number
15, 1990) is hereby
office.
Ail
this program shall be made on this form.
Specific Authority 374.976(2) F.S. Law Implemented
F.S. History-New 12/17/90.
16T-2.008 PROJECT ELIGIBILITY.
(1) Financial assistance and support through this
shall be used to plan or carry out public navigation,
recreation, environmental education,
acquisition, inlet management, and
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 co
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. Publ.ic spol.l disposal slte developmu[lt
8. Public fishing and viewing piers
9. Public waterfront boardwalks
applications for financial assistance and support through
374.976(1)
program
public
boating safety, spoil site
beach nourishment directly
10. Waterways related environmental
11.
12.
facilities
Waterways boating safety programs
education programs and
and equipment
Inlet management projects related to waterway navigation
improvement
13. Beach renourishment
navigation improvement
14. Other waterway related projects.
Specific Authority 374.976(2) F.S. Law Implemented
(3) F.S. History-New 12/17/90; Amended 4/29/92.
projects related to waterway
374.976(1)
(b)
funds will include any
directly related to the
include the following:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
funding
Project costs ineligible for program funding or matching
extraneous recreational amenities not
waterway. Ineligible amenities may
Landscaping
Park and playground equipment
Restrooms for non-waterway users
Tennis courts
Roadways providing access to non-waterway users
Parking areas for non-waterway users
Utilities for non-waterway related facilities
Lighting for non-waterway related facilities
Irrigation equipment
Maintenance equipment
Picnic shelter and furniture
The following project costs will be eligible for
or as matching funding subject to approval
program
by the Board
of an itemized expense list. Before reimbursement £s 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. A~ended 4/29/92.
16T-2.009 PROJECT ADMINISTRATION. The District will
administer all funded projects through an executed project
agreement. The District will apgoint a project manager who shall
be responsible for monitoring project and the project agreement.
The project manager shall also be responsible for approving
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 projec~ 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
req~ired by s. 16q'-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.
F.S.
History-New 12/17/90.
16T-2.010 PROJECT AGREEMENT.
(1) For each funded project,
Law Implemented 374.976(1)
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) Ail 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
Law Implemented 374.976(1)
The District shall reimburse
to the project agreement.
Specific Authority 374.976(2)
F.S. History-New 12/17/90.
16T-2.011
REIMBURSEMENT.
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
reference and available from the District office.
(1) Ail 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
payment,
terms of
(3)
District
project. The District
either in whole or
this agreement.
shall withhold any reimbursement
part, for non-compliance with the
The final reimbursement check
representative to the project
commission meeting or public dedication
facility.
Specific Authority 374.976(2)
F.S. History-New 12/17/90.
16T-2.01~ ACCOUNTABILITY.
shall be presented by a
sponsor during a public
ceremony for the project
F.S. Law Implemented 374.976(1)
The following procedures
shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an
accounting system which mee=s 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) Ail 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 ~e 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 no~ 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 D~st~]ct's
participation in the project. This sign shall contain the
F.I.N.D. logo. In the event that the pro3ect sponsor erects a
temporary cons=ruction 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.
EXHIBIT "B"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE:
APPLICANT:
Project Elements
Downtown Mangrove Nature Park
City of Boynton Beach
Qty. (# and/or
Footage) Est. Cost
Applicant's
Cost
FIND
Cost
A. Planning & Surveying Job
B. Permitting Job
C. Design, Plans and
Specifications Job
Subtotal
A. Boardwalk Construction
B. Parking Lots Construc-
tion
C. Restroom Construction
D. Ditch Flushing En-
hancement
E. Construction Phase
Services
Subtotal
$ 5,000 $ 2,500
$ 9,5O0 $ 4,750
$16,000 $ 8. 900
$ 30,500 $15,250
$ 2,500
$ 4,750
$ 8,000
1,000 LF $200,000 $10C,000
30 spaces $ 25,000 $12,500
Job $ 30,000 $15,000
Job $ 50,000 $ 25,000
Job $ 5,500 $ 2,750
$15,250
$100,000
$ 12,500
$ 15,000
$ 25,000
$ 2,750
$310,500 $155,250
$155,250
Form No. g0-25
New 9/15/90
TOTALS
$341,000 $170,500
$170,500
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYME~NT REIMBURSEMENT 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 Amoum
Balance Remaining
PROJECT NO.:
BILLING NO.:
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCFIEr~ULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost Cost
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
FIND - Form No. 90-24
Rev. 9/3/92
Date
FLORIDA
NAVIGATION
INLAND
DISTRICT
EXHIBIT "E"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRA1VI
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
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
display.
Specific Authority 374.976(2) F.S. Law Implemented
F.S. History-New 12/17/90.
in the
374.976(1)
EXHIBIT "B"
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PROJECT COST ESTIMATE
PROJECT TITLE:
APPLICANT:
Project Elements
Down[own Mangrove Nature Park
City of Boynton Beach
Qty. (# and/or
Footage) Est. Cost
Applicant's
Cost
FIND
Cost
Phase I (FY '92.'93)
A. Planning &Surveying Job
B. Permitting Job
C. Design, Plans and
Specifications Job
$ 5,000
$ 9,500
$ 2,500
$ 4.750
$16,000 $ 8,000
$ 2,500
$ 4. 750
$ 8,000
Subtotal
$ 30.500 $15,250
$15,250
Phase II (FY '93-'94)
A. Boardwalk Construction 1 000 LF $200,000
B. Parking Lots Construc- 30 spaces $ 25,000
tion
C. Restroom Construction Job $ 30,000
D. Ditch Flushing En-
hancement Job $ 50.000
E. Construction Phase
Services Job $ 5,500
$10C,O00
$12,500
$15,000
$ 25,000
$ 2,750
$100,000
$ 12,500
$ 15,000
$ 25,000
$ 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"
FLORII~A INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUF~T 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 EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost Cost
Certification for Reimbursement: [ certify that the above expenses were necessary and reasonable for the
accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the
Project Agreement.
Project Liaison
FIND - Form No. 90~24
Rev. 9/3/92
Date
EXHIBIT "D"
FLORIDA
NAVIGATION
INLAND
DISTRICT
EXHIBIT
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