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R91-164RESOLUTIO NO. R91-/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CiTY OF BOYNTON BEACH AND FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) PROVIDING FOR A GRANT IN THE AMOUNT OF $80,000 FOR THE DREDGING OF THE CHANNEL AT BOAT CLUB PARK; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the channel leading from our ramp area at Boat Club Park has shallowed to the point that at low tide many boaters have bottomed out and damage to props and boat under surface has occurred; and WHEREAS, the City Commission authorized staff to apply for a grant from the Florida Inland Navigation District to finance the project and our grant application was successful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a certain agreement between the City of Boynton Beach, Florida and Florida Inland Navigation District (F.I.N.D.), providing for a grant in the amount of $80,000.00 for the dredging of the channel at Boat Club Park; a copy of said agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED 3J~D 3J)OPTED this /'~day of October 1991 ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~ayor FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROA EOT NO. This PROJECT AGREEMENT made and entered into this 1st Octobe~ (hereinafter (hereinafter ~B-I~B--91-14 day ot , 199I~ by and between the Florida [atand Navkgat~ou D~atrict "FIND"), and the City of Boynton Beach the "PROJECT SPONSOR"). the parties agree as follows: l. Subject to the provisions of this Agreement and Rule 16T-2 of the Florida Administrative Code (Exhibit "A"), FIND has determined ~o p~ovide assistance funding to the PROJECT SPONSOR in fnrtherance of au approved ject ("PROJECT") consisting of Boat Club Park Channel Said project is more specifically described in the PROJECT SPJ~NSOR'S Waterways Assistance Application which is on file at FIND headquarters. 2. The PROJECT SPONSOR shall not commence work on the PROJECT priur to the execution of this Agreement unless otherwise authorized aad shal. l comp'/ete the PROJECT and submit all required payment reimbursement informat£on on or before September 1, 1992, unless the PROJECT period has been extended wttb the prior written approval of FIND. In no event, however, shall the PROJECT period extend beyond three (3) years from the date of the execution of thi. s Agreement. The PROJECT SPONSOR acknowledges there are no provl, skons no carry over FIND assistance funding tinder this Agreement beyond September t, 1992. 3. FIND shall contribute no more than one hundred percent (100%) of the PROJECT SPONSOR's out-of-pocket costs for completion of this PRO.IECT ("PROJECT AMOUNT"). [NOTE: FIND is statutorily authorized no fund up to one bnudred percent (100%) of the financial assistance and support for public navigation, shall require matching funds from the Sponsor.] Payment of funds by FiND to the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT") will be on a relmbursemaut basis only for those authorized costs as shown in Exhibit B and meetiag the requ[~'e- meats of Paragraph 5 below and shalt not, tn any eveat, exceed ~ 80,000.00 4. The PROJECT SPONSOR warrants anti represents that it I~as the PRO./ECT f6r completion of the PROJECT and will provide FIND with suitable evidence of the availability of such funds, including but not limited ~o, providing FfNl) with access to applicable books and records, finaucia! statemunts~ a~d ba~k statemen[s. 5. To be eligible for reimburs~men~ under tile Fro.]ect agr~e~ai~ cosL. s must be ~ecessary amd reasonable for the effective aad e~flc[e~t accomplish- ment of-the PROJECT and must'be directly allocable thereto ("PROJECT COSTS"). PROJECT COSTS m~st beincurred ~d ~work pmrf~ormed within ~the Project Period, with the exception of pre-agreement costs, ~f any, apec~fidallf identified Paragraph 6 below, which are also eligible for reimbursement by EIND. 6. EIND and the PROJECT SPONSOR fully understand and ag~-ee that the~e shall be no reimbursement of funds by FIND for any obligation or expenditure made prior to the execution of this Projmct Agreement with the exception of $ 0 for: N/A 7. PROJECT COSTS shall be reported to FIND and summar%zed on the Payment Reques~ Fo~ attached as Exhibit C. Supporting documemtatiaa including bills and cancel led payment vouchers for expenditu=es shall be provided to the 'FIND by the PROJECT SPONSOR or LIAISON AGE~ with any payment request. All cecocds in support of the PROJECT COSTS included in payment reqnes~s shall be subject to review and approval by FI~ or by an auditor selected by FIND. Audit expenses shall be borne by the PROJECT SPONSOR. 8. Project funds may be released in installments~ at the discretion o~ EIND, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. FIND shall retain ten percent (10%) of each installment paymen[ until the completion of the PROJECT. The PROJECT SPONSOR, upon completion of the PROJECT, shall make available to FIND a Final Audit of expenses incurred on the PROJECT prior to or in conjunction with the request for the fLual payment of the PROJECT ~OUNT. The Payment amonnts previously retained by FIND shat] be paid upon (1) receipt of the Final Audit report by FIND, (2) full comple- tion of the PROJECT to the reasonable satisfaction of FIND, and (3) submission of Project Completion Certification Form No. 90-23 [Exhibit E]. Unless other- wi. se determined by FIND, the final reimbucsement check shelf be ~esented by a FIND representative to the PROJECT SPONSOR durisg a pul)lie co~t,m~ meeting or public dedication ceremony for the PROJECT facilSty. The koltowing costs, if authorized in the attached Exhibit "B" shall be rei.mbursed only completion of the PROJECT ~o the reasonabte sat[sfact[ou of ~'tNI): t)ursonnel~ equipment, project management, administ~r~tlon, ~nspect[oo, ,~nd dasigo, permitting, planning, engineering, and/or surveying costs. FfNI) shall have the right to withhold any payment hereunder, either lHwhole ~t' part, for noncompliance with the terms of this Agreement. 9. The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three ~3) years after the end of the fiscal year [n which the Final Payment Is released by FIND, excep~ that snch records shall be reta~ued by ~he PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior ~o tI~e expiration of the three-year retention period. LO. FIND shall have the right to reimbursement, either ~n wholm nr part as it may determine, of the funds provided hereunder for non-comp[iauc~ by the PROJECT SPONSOR with any of the te~s of this Project Agreemeat. Upon notification from FIND, the PROJECT SPONSOR shall reimburse sucb fnnds directly to FIND. 11. David K. Roach, Assistant Execntive Director, or his successor, is hereby designated as FIND's Project Manager for tbe purpose of this Projecn Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. The PROJECT SPONSOR shall appoint a Liaison Agen~ whose name a~d title shall be submitted to FIND upon execution of ~ne Project Agreement, co act on behalf of the PROJECT SPONSOR relative to the provisions of the Pt'oject Agreement. 12. The PROJECT SPONSOR's Liaison Agent shall submit to FIND qua~'te~ly project status reports during the PROJECT term summarizing the work accomplished, problems encountered, percentage of completion aod other appropriate information. Photographs shall be submitted when ~pp~-op~-~a~e ~o reflect the work accomplished. 13. The PROJECT SPONSOR agrees co obtain and co abide by ~11 federal, sta~e and local permits and regulations in the deveLopmeun of tl~e PRt~IELF.) r-' The PROJECT SPONSOR agrees that all PROJECT facilities shall be coustt'ncted i~l compliance with state and federal statutory requtremea~s for accessibility by handicapped persons as well as all other federal, state asd local laws, ~les and requirements. 14. The PROJECT SPONSOR agrees that when completed.~ Lhe IK'' .IE~' "'1 sba11 be readily accessible, on a non-exclusive basis, to tile general p~blic withnl~ r&gard to age, sex, race,-physical handicap, or other cnnd£t~on, regard co residency of the user in another political subd~vi~iou. and wi ltlou~ ~Jhe ~ such is required, adequate parking shall be made available by the PRO3gCt' SPONSOR to accommodate vehicles for the number of persons for wh£ch the PRO3ECT ls being developed. The PROJECt SPONSOR als agrees thaz when co~p[eted, the ~ T PROJEC site shall be dedicated for the pub].ic use ~or a mi. eimum per~od of twenty-five (25) years, such dedtcation [o be in the form of a deed, lease, managemen~ agreement or other legally binding document. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records uf the County in which the PROJECT is located. 15. The PROJECT SPONSOR shall erect a pemnanen[ sign, ~pprovea by FINI), in a prominent location at the completed project which indicates that FiND was a joint participant and contributor to the development uf the PROJECT. This sign shall contain the FIND logo (Exhibit "D") nnless otherwise stipulated by FIND. In the event that the SPONSOR erects a temporary constcuct[ou sigu, it shall also indicate FIND's participation. 16. ~en and where applicable, the PROJECT SPONSOR agrees go operate, maintain, and manage the PROJECT for the life o[ the PROJECT and wi. Il pay all expenses required for such purposes. The PROJECT shall be maintained in accordance with the standards of maintenance for othe~ local facilities and i.n accordance with applicable health standards. PROJECT ~aci[itie~ aud improvements shall be kept reasonably safe and in reasonable repakr [o prevent undue deterioration and [o encourage publLc use, The PROJECT SPONSOR warrants and represents that tt has fur1 legal authority and financial ability to operate and maintain said PROJECT facilities and improvemen[s. 17. The PROJECT SPONSOR agrees to hold FIND, lts Commissioners, employees, agents, and its successors and assigns free aud harm[ess from aud against any and all demands~ claims, causes of actious~ expenses, attorney's fees~ losses, damage liabilities, awards, and judgments, that may arise from or relate to this Agreemeng. 18. FIND reserves the right to inspect said PROJECT and any asd all records related thereto at any time. 19. The rights and duties arising under this Agreement shall 1sure Eo the benefit of and be binding upon the parties hereto and theLr ces~ective successors and assigns. The PROJECT SPONSOR may eot assign thia agreement any interest hereunder without the express written cousen~ of FIND. 20. Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different 21. Any notice required no be given pnrsnant to tile terms and provisions of this Agreement shall be in writing, postage prepaid~ and ~ha!! be se~t by certified mail, return receipt requested, to FIND or PROJECT SPONSOR at addresses below. The notice shall be e~fective oo the date ~ndicated oa return receipt. To FIND at: Florida Inland Navigation District 1Bt4 Marcinski Road Jupiter, Florida 33477 To PROJECT SPONSOR at: Mr. Charles Frederick, Director Recreation and Parks Department City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 22. The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 23. It is the intent of FIND to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the even~ the PROJECT SPONSOR transfers ownership or management of this facility to a party or parties not oow a part of ~his document, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR's obligation hereunder, FIND retains the right to reimburs~nent f~om the PROJECT SPONSOR for its participation to the fell extent of the funding assistaace awarded to accomplish this facility. 24. This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties amd supersedes all prlor oral and written communications between them. The terms hereof m~y be modified only by a writing signed by both parties hereto. 25. In the event that FIND or PR~IECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, thc prevailing pa~'ty i~ a~:h litigation shall be entitled to reasonable costs and aLtorn~:y's fees ~t the trlal and appellate levels. -5- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the d~, month and year aforesaid. WITNESSgS: FLORIDA INLAND NAVIGATION DISTRICT By: CHAIRMAN DATE: PROJECT SPONSOR By: Title: DATE: -6- PROTECT TI'iLE: APPLICANT: City of Boynton Beach I~roj ect Elements Quantity Estimated (Number and/or Cost Footage) Applicant's Cost Planning, Permitting Project $/2,000 -0- $12,000 Construction 6,000 CY $60,000 @ $10/~ Project $ 8,000 -0- $60,000 $ 8,000 $80,000 $80,000 FIND - Form No. 90-22 (5) Ne%~ 9/15/90 Exhibit B EXHIBIT C FLORIDA tN~AND NAVIGATION DISTRICT WATERWAYS ASMISTANCE PROGRAM REIMBIIRS EMENT REQUEST FeRN PROJECT NAME: PROJECT NO,: BILLING PERIOD: FUNDS REQUESTED~ Amount of Grant Funds Previously Requested Balance Available F~nds Requested Leee Retainage (1~%) Cheek Amount Balance Remaining (Balance Available minus cheek amount) GRANTEE~ BY] LIN. NO.. SCNEDIILE OF EXPENDITURES Cheek No, ~eneral Description Total AppJ].eant FIND Vendor Name and Date & ProJeat Element Cost Coet Cost (Should aorrespond to Coet Estimate 5heet) Certl. fication for Reimbursement: I certify that the above expenses were incurred for the approved project and that the progrese of the nroJect I.s esss~ste~ ~. with the amount req~ested, PrmJeat AdmLnistrator Flnascial Officer D~te Da[.e FIND - Form No, 90-24 Rev, 9/15/90 FLORIDA NAVIGATION Exhibit INLAND DISTRICT FLORID~ ~Ixwl.,Ah~ NAVIG&~ION BIS'ITE~&I~ Project Title~ Project I hereby certify that the ab0~a,r~erenced project was completed in accerdanee with the WaterwaYs ASai~ta~e~ Program Project Agreement between tho Florida Inland Navigation Disi~f~ i~n~. ~ ' · , dated 'i~:?:~ !~ and all funds wera expeoded to the Project Agreement. - ~' ' ' Liaison Agent: FIND Form No. 90-23 Rev. 9/15/90 EXHIBIT E 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 , EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT Chapter 16T-2 Waterways Assistance Program Purpose Forms Definitions Policy Fnnds Allocation Application Process Application Form Project Eligibility Project Administration Project Agreement Reimbursement 16T-2,012 Accountability 16T-2,013 Acknowledgement 16T-2,001 PURPOSE. Recognizing the importance and benefits of inland navigation channmls and waterways~ as well as noting problems associated with the constrnction, continued maintenance and nse 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 ~ts waterways. The purpose of this rule is to set forth the Dt. strict~s poltay and procedures for tile implementation of an mssistance program under a. 374.976 F.S. for local governments, member counties and navigation related distr~cts w[.th~n tile District. This program will be known hereafter as the Florida District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(]) Inland Naviganion FS. Iii s [.ory-New -1- 16T-2,002 FORMS. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jnpiter, FIorida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New DEFINITIONS. The basic terms utilized in this rule are 16T-2.003 defined as follows~ (1) "APPLICANT" means an eligibie governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISBION PERIOD" means the established period for submitting applications to the District. (4) "BOARD" means the Board of CommLssioners of the Florida Inland Navigation District. (5) "DISTRICT" means the Florida Inland Navigation District (FIND). (6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of tiaa District. (7) !'EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (8) "LIAISON AGENT" means the contact person officially designated to acc 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 ~sed by the local sponsor to match the program funds om a dollar per dollar bas]s. --2-- (11) "MEMBER COUNTY" means a county located withim the taxing boundaries of the District which includes Duval, St. Johns,_Flagler, Volusia, Brevard, Indian River~ St. Lucie~ Martin, Palm Beacb~ Broward and Dade Counties. (12) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency heving legally authorized navigstion related duties in waterways of the District. (13) "PROGRAM~' means the Florida Inland Navigation District Waterways Assistance Program. (14) "PROGRAM FUNDS" means financial asaistance awarded by the Board to a project for release to the project aponsor pursuann to the terms of the project agreement. (15) "PROJECT" means a planned undertaking consisting of el'igible program facilities, improvements or expenses for the L~ae and benefit of the general public. (16) "PROJECT AGREEMENT" means an executed contract between~tbe District and a project sponaor setting forth mutual obligations regarding an approved project. (17) "PROJECT MANAGER" meane the District employee who is responsible for monitoring the performance of the Project and compliance with ~he project agreement. (18) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded pro~eet. (19) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant ~o an approved application. (20) "WATERWAYS~' means the Atlantic Intracoastal Waterway, navigable rivers, bays, oreeks or lagoons intersected by sa~d waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 16T-2.004 POLICY. The following constitutes the policy of the District regarding 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 co~nties may also be provided financial assistance, support, and cooperation ~n planning and carrying out beach renourishment projects and inlet managemeun 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 educati.~n and boating safety projects directly related to the waterways. Eligible local governments may als~ be provided financial assistance, support, and cooperation In planning and carrying out beach rencurishment mud inlet management projects if the Board finds that the project benefits public navigation. lc) Navigation related districts may be provided with financial assistance to pay part of the cost~ of the acquisitive of dredge mster~al management sites if the Board finds that the site ~.s required for th~ long range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meeu the development and operational criteria established by the District through a long range dredge material management plan for that county. --4-- (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program a~d the upcoming authorized submission period. Funding allocations to member counties and local governments shall be baaed upon the proportional share of the District's ad valorem tax collections from each county, (3) Approval of projects by the District shall be im accordance with these rulea. (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 enomerate 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 Dietrict shall releasa program funds in accordance'with the terms and conditiens 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 he dedicated for the public use for which the project was intended for a minim~m period of 25 years after project completion. Such dedication shall be ~n the form of a deed, lease, management agreement or other legally b~nding documen~ and shall be recorded in the public property re~ords mf 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 of the member co~,ntles on similar condition. (9) The project sponsor shall not commence work on the project przor to the execution of the project agreement ~nless authorized by the Board. (10) The project shall be completed within tbree (3) calendar years of the date of the execution of the project agreement. (11) Project funds shall not b~ 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) Ail developmen~ 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 boat~ng speed zone for safety purposes. Befors applying for boating speed mene designation~Jn District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. (15) The project spnnso~ shall be responsible for the operation, maintenance, and management of the project fer 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 lega] a~thority a~d 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 harmlmss from any and all demands~ claims, cMuse$ of action, expenses, attorney's fees, losses, damage liabilities, awards and jsdgments that may arise from or relate to the project. SpJcific Authority 374.976(2) FS. Law Implemented 374.976(1) and (2) FS. History-New 16T-2.005 FUNDS ALLOCATION. The District will notify potential eligfble governmental agencies of the availability of program funding. (1) Financial assistance to eligible government agencies shall no~ 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 mavigation~ law enforcement and environmental education projects. Specific Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. llistory-New 16T-2.006 APPLICATION PROCESS. Appl].ca tions for --7-- this.program will be submitted during the authorized submission period which ~s from March Ist through May 1st of each year. The project sponsor shall ~pprove the submission of an application by officlal resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date September 15, 1990) hereby incorporated by reference and available from the District office l. oeated at 1314 Marcinski Road, Jupiter, FL 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. llistory-New 16T-2.007 APPLICATIONS FORM. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective September 15, 1990) is hereby incorporated by reference and available from the District office. Ail applications for financial assistance and support through this program shall be made on thls form. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 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 edueation, boating safety~ spoil site acquisition, inlet management, and beach nourishment directly related to the waterways. (a) Program funds may be ~sed for projec[s such as acquisition planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following for public use on land and wa[er~ 1. Public boat ramps and launching facilities 2. Public navigation channel dredging 3. Public navigation channel lights and markers --8-- 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, acquisition or management 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. Derelict vessel removal (b) Project costs ineligible for program funding or matching funds will include any extraneous recreational amenities not directly related the waterway. Ineligible amenities may include the following~ Landscaping 2. Park and playground equipment 3. Restruoms for non-waterway users 4. Tennis courts 5. Roadways providing access to non-waterway users 6. Parking areas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and ~urniture -9- (c) The following project costs will be eligible for progr~m flu~ding or as matching funding subject to approval by tile Board o~.an itemized expense list. Before reimbursement is made by the District on the following projects 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 snrveying costs for a completed constructi'on project. In-kind services. Restoration of site& disturbed during the construction of an approved 6. project. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. Spedific Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History~New 16T-2.009 PROJEGT ADMINISTRATION. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall he responsible for monitoring project and the project agreement. The project manager shall slso 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 followsr (1) A project agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit q~arterly reports to the project manager summarizing the work accomplished since the last reporu, problems -10- I'L'0.1 eot C~plett ~n Cert:[ f.! ca C [ on PrmJ eat Title: Project I hereby certify that the abgve referenced proJecc was completed In accordance with the Waterways Assistance Program ProJeot Agreement between the Florida Inland Navigation District and , dated :, 19 , and a]l fuoda were expended the Project Agreement, 1. I. al. smn Agorot: FIN~% Form No. 90-23 Rev. 9/15/90 5"~HIBIT E NAVIGATION N¸D DISTRICT EXH]~BIT C FLORIDA I~AND NAVIC, ATION DISTRICT WATERWAYS ASSISTANCE PROGRAM REIMBURSEMENT REQUEST EOR~! PROJECT NAME: PROJECT NO BILLING PERIOD: FIIN~S REQUESTED: Amount of Grant Funds Previously Requested Balance Avail mble Funds Requested Less Retainage Check Amount Balance Remaining (l~alance Available mime check amount) GRANTEE BILL/NO H~.: SCHEDULE OF EWPENDITURES Check No. General Description Total Vendor Name and Date & Project Element Cost (Should correspond to Coat Estimate Sheel:~ Csrtl. f~cation for Reimb~trsement: I certify that tbs above expentms ware lnc~rred for the approved project and that tbs progress of tb~ proJe~'.t ~s ~.oss~steot with tbs amount requested, Pro.last Ariel. hist rat (~r F[eaneia] Officer FTtID - Form No, 90-24 Ray. 9/15/90 F~O3ECT Ti'i'l~: Boat Club Park Clmnn~l ~ Dr~dging city of Boynton Beach (Number and/or Cost Footage) Applicant' s FIND Cost ~ost Planning, Permitting Project $12,000 Construction Dredging 6,000 CY $66,000 @ $ii/cY Engineering Project $ 7,000 -0- $12,000 -0- $66,000 -0- $ 7,000 $85,000 $85,000 FIND - Form No. 90-22 New 9/15/90 (5) Exhibit B 16T-2.013 ACKNOWLEDGEMENT. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary coustruction~_s'ign, this sign~ shall also recognize the District's participation. If the final product of the project is a report, study or other puhlication~ 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'e participation display. Specific Authority 374.976(2) FS. the project shall be contained in the Law-Implemented 374.976(1) FS. History-New 16T-2.012 ACCOUNTABILITY. The following procedure~ sbatl govern the accountability of program funds~ (1) Each project sponsor is responsible for maintaining an acconnting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for ~11 program funds. (2) The project sponsor shall submit quarterly project stat6s reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problema 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 ~nds. (4) Ail project records including project costs shall he avsilable 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 fina] reimbursement payment, whichever ia later, except tBat should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with laws, the project sponsor shall repay the misused program funds to the D~strict~- Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. l{istory-New this rule and applicable -13- willrenter 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 Lhis rule. ~2) All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a ststement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. II~story-New 16T-2.011 REIMBURSEMENT. The District shall reimburs'e the prelect sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed wilt require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date September 15, 1990) hereb~ incorporated by reference and available from the District office. (1) Ail project costa shall he reported to ghe District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either im whole-or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a D~s~rict representative to the project sponsor during a public commission meeting or public dedication ceremony for the project Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. H~s[ory-New -12 - encountered, percentage of project completion and other appropriateinformation. These reports shall continue throughout the length of the__project peried 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 requesta. The final payment of program fumds 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 ~o the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager~ (a) A Project Completion Certificate, FIND Form No. 90-23~ (effective dste September 15, 1990) hereby incorporated by reference and available from ~he District office, which certifiea 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 hitl. ing 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 authorize or reject the final relmbnrsement payment which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 16T-2.010 PROJECT AGREEMENT. (1) For each funded project, the District and -11- the project sponsor