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
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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
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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
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the project sponsor