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HomeMy WebLinkAboutR-1995-153RESOLUTION NO, 153-95 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING PROJECT AGREEMENT BETWEEN FLORIDA INLAND NAVIGATION DISTRICT AND THE CITY OF DANIA COVERING A PROJECT CONSISTING OF DANIA CUT-OFF CANAL DREDGING, PHASE 1; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT BESOLVED BY THE CITY COMMISSION OF THE CIIY OF DANIA, FLORIDA; Section 1. That that certain project agreement bet\iveen the City of Dania, Florida lnland Navigation District and the City of Dania covering a proiect consisting ol Dania Cutoff Canal Dredging Phase 1, a copy of which agreement is attached hereto and made a part hereol as Exhibit "A", be and the same is hereby approved, and the appropriate city oflicials are hereby directed to execute same. Section 2. That this resolution shall be in force and take eflect immediately upon its passage and adoption. PASSED and AD0PTED on this 14th day ol November, 1995. Mayor -tsst0ner ATTEST: City Clerk - A I APPBOVED FOR FORM & CORBECTNESS a,r. 9^J C. d2-4i- Frank C, Adler, City Attorney Resolution No. 153-95 CITY OF DANIA INTER-OFFICE MEMORANDUM To:Mike Smith, lnterim City Manager From: Dan Oyler, Special Projects Coordinator Date:November 1, 1995 Re:Florida lnland Navigation District, 1995-96 Waterways Assistance Program, Phase I Permitting for Dredging of the Dania Cut-Off Canal Attached, please find a copy of the Florida lnland Navigation District Project Agreement for the above referenced project. The total amount of the grant is $69,000.00 of which the District is funding $51 ,750.00. The City's obligation is for $17,250.00. The City will not get reimbursed for the $'17,250.00 until the dredging portion of the project is completed. As part of the budget process I had requested that these funds be placed in the 1995-96 budget, however it was not included in the approved budget. Please place the attached agreement on the next available City Commission Agenda of November 14, 1995 for approval of a resolution accepting the grant' authorizing it's execution and providing for the necessary funding. FlN95-96/DJO Mr. Robert Flatley, City Manager City of Dania 100 W. Dania Beach Blvd. Dania, Fl. 33004 Enclosed, for your signature, are two original project ageements for your approved Waterways Assistance Program project(s). After they have been executed please retum both originals to me for execution by the District. I will then retum one fully executed original agreement to you for your files. When returning the agreements please execute and retum the Certification of Matching Funds Form which is attached. Also please indicate who your project liaison will be as stipulated in paragraph 12 of the agreement. Should you have any questions in the interim please contact me. Since David K. Roach Assistant Executive Director coMMrssroNERs 0rsrRrcl FLORIDA INLAND NAVIGATION DISTRICT September 21, 1995 GEORGE P BUNNELL TREASURER INOIAN RIVEF COUNTY PIERRE D. THOMPSON st.toHNs couNry M, BRENT WADDELL MARTIN COUNTY STANLEY E, GOODMAN OADE COUNry BRYNN G. NEI,VTON FLAG LER COUNTY IED A- MOORHEAD gnEvAao couNrY JO ANN ALLEN ST. LUCIE COUNTY ART WILOE CXECUTIVE DIAECTOS DAVID X. ROACH ASSISTANT EXECUIIVE OIFECIOF ANN SHORSTEIN VICE.CHAIR DUVAL COUNTY Dear Mr. Flatley: RE: 1995-96 Waterways Assistance Program Project(s) AOMINISTEATIVE OFFICE ON TI.IE INTRACOASTAL WATEBWAY IN PALM BEACH COUNTY 1314 MARCINSKI BOAD. JUPITER, FLORIOA 334, TELEPHONE 407'6:r-3386 FAX No. {7-@+6480 LAUBENCE D, LOCKEF CHAIB AFOWARD COUNTY JAMES O- TAYLOR SECRETARY VOLUS!A COUNry LENNART E. LINDAHL PALM BEACH COUNTY FLORIDA INLAND NAVIGATION DISTRICT WATER1VAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title:Project #: I hereby certify that the above referenced project Sponsor, as of October 1, 1995, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 1, 1995. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95-0i New 9/9i95 I)/,HlBlT "A" FI,ORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMET'IT PROJECT NO. BR.DA-95.29 This PROJECT AGREEMENT made and entered ioto this lst day of October, 1995 by and between the Florida Inlard Navigation Dist ct (hercinafter the 'District'), and, the cITY OF DAMA Oereinafter the "PRorEcI sPoNsoR'). In consideration of the mutual promises and covenaqts contained herein, the parties agree as follows: 1. PRO.IECT- Subject to the Provisions of fiis Agreemenl and Rule 16T-2 of tle Florida Administrative Code (Exhibit "A'), the District has determined to prcvide assistance funding to the PROJECT SPONSOR in furtherance of an approved Project ("PROJECT') consisting of the DANIA Ct.rr-OFF CANAL DREDGING' PHASE I' Said project is more sPecifically described in the PROJECT SPONSOR'S waterways Assistance Application which is on file at District headquarters' Any modifications to the PROIECT shalt require advance notice to and the prior written approval of the District. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless speciflcally authotized by the Distlict Board and sball complete the PROJECT atrd submil 8ll required palment reimbursement information on or before September l, 1997' unless the PROJECT period has b€en extended with tle prior written apProval of the District' In no event, however, shatl the PROJECT period extcnd beyond three (3) yeals from the date of the execution of this Agr€ement. The PROJECT SPONSOR acknowledges tiere arc no provisions to carql over the District assisbnc€ funding under this Agreement beyond seplember 30, 1997, and that ally extension of funding beyond this date shall be at the sole discretion of the District. Any re4uest for extension of funding beyond lhe date set forth in the preceding paragraph shall require submitlrl by the PRoJECT SPONSOR of a request for extension to the District no late! than July l, 1997. This request will then be considered by tie District Boatd, whose decision shall be final. 3. ASSISTANCE AMOUNT - The PROTECT is primarily a navigation project, and thus matching funds are not statutorily required. The District will crntribute ?5% of the PROJECT SPONSOR'S out-of-Pocket costs for completiofl of this PROJECT CPROJECT AMOUNT'). Paymeot of funds by thc District to the .-.I PROJECT SPONSOR (the "ASSISTANCE AMOUNT') will b€ on a reimbursement basis only, and only for those authorizcd PROJECT COSTS as shown in Exhibit B and meeting lhe requirements of Paragraph 5 below and shall not, in any event, cxceld $51,750.00. The PROJECT har been d€signated as a Phase I Project, which involves planning, designing, engineering and/or permitting activities. Pursuant to the District's Rules, reimbursement wilt be made, assuming the PROJECT SPONSOR has otherwise fully complied wilh the requirements of the Agreement, only upon commencrment of construction of the project for which the Phase I planning, designing, engineering and/or permitting were directed, which may not involve further District funding' Procedures set fortl below wil}l respect to reimbursement by the District are subject to this requirement of commencement of construction. 4. MATCIIING FUNDS - The PROJECT SPONSOR warrants and repres€nts rhat it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the AssIsTANCE AMOUNT) available for the completion of tle PROJECT and shall' prior to the execution of this Agreement, haYe provided the Distdct with suitable evidence of the availability of such funds using District Form #95-01, and including upon r€quest, providitg thE District with access to appticable book and records' financial statements, alld bank statements. 5. PRO.IECT COSTS - To b€ eligibl€ for reimbursem€nt under the Project Agreement, PROTECT COSTS must be necessary ard reasonable for the effective and efficient accomplishment of the PROJECT and must be direcdy a'llocable thereto' PROJECT COSTS are generally described in Exhibit'B." PROJECT COSTS must be incurred and work performed within the Project period, with the exception of pre- agreement costs, if any, specifically identified in Paragraph 6 b€low, which are also eligible for reimbursement by thc Dislrict. 6. PRBAGREEMENT COSTS - The District and the PRO'ECT SPONSOR fully underst2nd ard agree that therc shall be no reimburs€ment of funds by Ihe District for any obligation or expenditure made prior to the execution of 6is Projcct Agre€ment. T.REIIIBURSEMENT PROCEDURES - PROTECT COSTS shall be rcponed to the District and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Exhibit C. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the District by the PROJECT SPONSOR or Liaison Agent with any payment request. All records in suPpon of the PROJECT COSTS included in payment requests shalt be subject to review and 2 E approval by the Dist ct or by an auditor selected by the District. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the District, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The District shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit 'B" shall be reimbursed only upon completion of lhe PROJECT to the reasonable satisfaction of the District and in accordance with Exhibit "A": Personnel, equipment, project management, administration, inspection, and design, permitting, plarning, engineering, and/or surveying costs. The District shall have the ight to withhold any payment hereunder, either in whole or part, for non-complianc€ with the terms of this Agreement. 8. FINAL REIN{BL'RSEMENT - The PROJECT SPONSOR' uPon completion of the PROJECT, shall submit to the Distict a request for final reimbursement of the PRoJECT AMOUNT less any prior installment payments. The Payment amounts previously retainei by the District shall be paid upon (l) receipt of the Final Audit repon of expenses incurred on the PROJECT by the Distdct, (2) full completion of the PROJECT to the reasonable satisfaction of the District' (3) submission of Project Completion Certification Form No. 90-23 (Exhibit D), and (4) submission of a photograph of the PRoJECT showing the sign required by PaEgraph l?. Unless otherwise determined by the District, the final reimbursement check shall be presented by a District representative to the PROJECT SPONSOR dudng a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENfiON - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) ye2rs after the end of the fiscal year in which the Finat Payment is released by the Distdct, except that such records sha.ll be relained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or sp€cial audit that starts prior to the exPiration of the thre€-year retention period. lO. NONCOMPLIANCE- The District 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 the District, the PROJECT SPONSoR shall rcimburse such funds directly to the District. The provisions of this paragBph shall survive completion of the PROJECT- 3 E I I 1 I I l. F,f .N.D. PRO-IECT . MANAGER - The Execur,'e Director, or his designee, is hereby designated as the Distdct's Project Manager for the purpose of this Project Agre8ment and shall be responsibte for monitoring performance of its terms and conditions and for approving all reimbursement rcquests Prior to payment' 12. SPOIr-SOR'S LIATSON AGENT - The PROJECT SPONSOR shall appoint a Liaison Agent, whos€ name and title shall be submitled to the District upon execution of the Projert Agreement, to act on behalf of the PROiECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S Liaison Agenl sha'll submit to the District project slatus rePorts during the PROJECT term' These Quarterly Reports arc to be on Form f95{2. 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 apprcpriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the rePoning schedule in Exhibit 'E' may result in revocatioo of this Agreement' 14. LAWS - The PROTECT SPONSOR agrees to obhin and to abide by all fedeial, stat€ and loca.l permits and alt aPplicable laws and regulations in the development of the PRoJECT The PRoJECT SPONSOR agrees that all PRoJECT facilities shall be designed and constructed in compliance with state and federal statutory requilements for accessibility by handicappei p€rsons as well 's all other federal, state and local laws, rules and requirements. 15. NON-DISCRA! INATTON- The PROJECT SPONSOR agrees that when completed, the PROJECI shall be readily acc€ssible' on a non-exclusive basis' to the general public without regard to age, s€x, nce, physical handicap, or other condition' and without regard to residency of the user in another political subdivision- when such is required, adequate parking sha.ll be made available by the PROJECT SPONSOR to accommodate vehicles for the numb€r of persons for which the PROJECT is being develop€d. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of tweoty-flve (25) years after comPletion of the PROJECT, such dedication to be in the form of a deed, lease, management agrcement or other legally binding document' Any change in such dedication sha.ll require the prior approva.l of the District The PRoJECT SPONSoR shall record evidence of such dedication within the Public R€cords of the County in which the PROIECT is located. 11 . AC^rr^OWLEDGME{r - The PROJECT SPoNSOR shall erect a permanent sign, approved by the District, in a prominent location at the completed project which shall indicate that the District contributed funds for fu'der of tie PROJECT. The wording of the sign ,equired by this Palagraph shall b€ approved by the Distict's staff before construction and installation of said sign This sign shall conain $e Distlict logo (Exhibit'F') unless otherwise stiPulated by the District' In the event tiat the SPONSOR erects a temPorary constuction si8n, it shall also indicate the District's participation. 18. PRO.IECT MAINTET{ANCE - When and where applicable' the PRoJECT SPONSOR agre€s to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all exPenses re4uired for such purposes. The PROJECT improvements shall be maintained in ac@rdanc€ with the standards of maintenance for other local facitities and itr accordanc€ with apPlicable healthstandards.PRoJECTfacilitiesandimprovementsshatlbekeptreasonablysafe and in reasonable repair to prevent undue deterioration and to €ncourage Public us€' The PROJECT SPONSOR warraots and rePresents that it has fuU lega'l authority and financial ability to operate and maintain said PROJECT facilides alld imPlovements' 19. HOLD HARMLESS - The PROJECT SPONSOR agrees to def€nd' indemnify, and hold the District, its Commissioners, employees, agents, successo$ and assigns harmless from aDd against any and all demands, claims, causes of actions' expenses, atbmey's fees (whether at the trial, appellate, post-judgment level' or bankruptcy proce€ding) losses, damages, Iiabilities, awads, and judgments' (collectively "Claims") that may ari$ from or relate to the (i) PROJESI SPONSOR'S obligations under this Agr€em€nt ot (ii) fte c!flttruction and maintenance of the PROJECT (inctuding but not limited to Claims involving allegations that the District has been negligent or otherwis€ at fault with r€sP€ct to or relat€d to the PROJECT)' without otherwise waiving, as to any third Pany, limitations imPos€d by Section 768.28, Florida Statutes. 20. INSPECTIONS- Thc Distdct reserves the right, upon reasonable request' to inspect said PROJECT and any ard all records related thereto at any time' 21. RIGHTS AND DUTIES - The rights and duties adsing under tiis Agreement shall inure to the bcnefit of and be binding upon the parties hereto a'd their respective successors and assigns, and shall, unless thc context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the exprcss prior written consent of the District. I -, 5 22. WAMRS- waiver of a breach of any provision of this Agreement sha.ll not be deemed a waive of any other breach of the same or different,provision. 23. NOTICE - Any notice requircd to be given pursuant tc the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, retum receipt requested, to the District ot PROJECT SPONSOR at the addresses below. The notice shall b€ €ffective on the date indicated on lhe return receipt. To the District at: Florida Inland Navigation District 13l4 Marcinski Road Jupiter, Florida 33477 To PROJECT SPONSOR at City of Dania 100 West Dania B€ach Blvd Dania, Florida 33004 24. NO.IOINT VENTURE - The District's role with respect to the PROiECT is that of a funder only and the District is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROTECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to tbe laws of the State of Florida- 26. TRANSFERENCE - lt is the intent of the District to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROIECT SPONSOR transfers ownership or management of the PROJECT to a party or panies not now a part of this document, other than another govemmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the District retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistanc€ provided by the District, including but not limiled to any costs and reasonable attomey's fees (rcgardless of whether litigation ensues) incurred by the District in collecting said leimbulsement. 27. ENTIRE UNDERSTAIYDING - 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 hercof may be modified only by a written amendment signed by both parties hereto. 6 I 28. LITIGATION COSTS/VENIIE - In the event that the District or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WTNESSES:FLORIDA INLAND NAVIGATION DISTRICT By: CHAIRMAN DATE: WITNESSES:PROJECT SPONSOR By: TitIC: DATE: EXMBIT A FLORIDA INI,il{D NAVIGATION DISTRICT Chapter 16l[-2 ' IVaten ays Assistaace Program PulPo!r€ Formg De f init lous Po l icy FuDdls lllocations Appllcatloa Process Emergency Applications Applicatiou Forn Project rltgibility Project Adlmiuistratioa Project AgreeBetrt Reinbur E eneut Accountabi l ity AckDowledlgEeDt 16tr-2 . O 01 168-2.002 16T-2.003 161[-2.00,1 15r-2.005 15T-2.006 15T-2.0061 151[-2.007 158-2.008 16T-2; 0 0 9 15T-2.010 15T-2.011 15T-2.012 16T-2.013 16T-2. o01 PIIRPo8E. Recognizing the inportance and benefits of inland navigati,on channels and \raterways, as well as noting probleros associated $rith the construction, continued rnaintenance and use of these waterways, the Florida Legislature created s. 374.976 Florida Statutes. This law authorizes and enpowers each inland navigati.on district to undertake prograns intended to alLeviate the probJ.ems associated with its waterways. The purpose of this rufe is to set forth thd Districtrs poLicy and procedures for the implenentation of an assistance program under s. 374.976 F,S. for loca1 governments, member counties and navigation related districts within the District. ThLs program will be known hereafter as the Florida Inland Navigatlon Districtrs Waterways Assistance Proqram. Specific Authority 374.976(2) F.S. Law fnplenented 374.975(1) F. S. History-New 12/17/90. 15T-2.002 FoRlfa. AII forms for the adninistration of this program are available ,fron the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) F.S. Law Inplemented 374.976(1) F. s. History-New 72/17 l90. 168-2.003 DEaINITIoNS. The basic terms utilized in this _5uJ-e are def ined as f ol1ows: (1) 'rAPP[IcN{Tr' means an eligible governmental -- agency submitting an application through this progran. (2) ITAPPLICATIoNT' neans a project proposal with the reguired documentation. (3) 'TAUTAORIZED SUBUISSION PERIoDTt neans the established period for submitting applications to the District. (4) rrBoARDrt neans the Board of Commissioners of the Florida Inland Navigation District. (5) rrDISTRIcTr! neans the Florida Inland Navigation District (F. r.N.D. ) . (5) ttELIGIBLE GOVERNuENIIAL, AGENCyIT roeans menber counties, Iocal governments and navigation related districts within the taxing boundaries of the District. 2 I I (7) 'IEXECITIM DIRECIORTI means the Executive Director of the Florida Inland Navigation District. (8) TILIAISON AGE!mI Eeans the contact person officially designated to act on behalf of the applicant or the proJect sponsor. (9) TTLOCAIJ GOVERNUENTEII Deans nunic j-pal ities, cities, or consolidated county governments, which are located within the mernber counties. (10) TTUATCEING tr'IINDgtr neans those funds used by the locaI sponsor to rnatch the progran funds on a dollar per do11ar basis. (11) ITUEMAER COIruTytr means a county located within the taxing boundaries of the District vrhich includes Duval, St. Johns-, I'Lagler, Volusia, Brevard, Indian River, St. Lucie, Ilartin, Paln Beach, Broward, and Dade Counties. (12) TTNAVIGATION RELaTED DTSTRICTgTI Deans port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (13) rrPROcRAUrr rreans the Florida Inland Navigation District l{aterhrays Assistance program. ( 14 ) rrPROGRel,l FIrNDgrt means f inancial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terns of the project agreeuent. (15) ITPROJECII means a planned undertaking consisting of oligible progran facilities, improvenents or expenses for the use and benefit of the general public. 3 (15) irPRoJEcT AGREEMENETT means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (17) ttPRoJECT ulNAGERtt neans the Di.strict eurployee who 1s responsible for monitoring the performance of the Project and compliance with project agreernent. (18) 'rPRoiIEcT PERIoDTI neans the approved tine during whlch costs may be incurred and charged to the funded project. (19) ItPRoJEcE SPONSoRtt Deans an eligible governmental agency receiving program funds pursuant to an approved application. (20) rtwATERwAYsrt means the Atlantic Intracoastal Waterway, all navigable rivers, bay, creeks or lagoons intersected by said waterway and alL navigable natural creeks, rivers, bays or Iagoons entering or extending from said waterway. ( 2 1) 'TWATERWAY REIJATED EIIVIRONI'{ENTAJ, EDgcATIONTT means an interdiscipl inary holistic process by which the learner: develops an arJareness of the natural and manmade environruents of vatenrays; develops knowledge about how the environment of the waterways works; acguires knorrledge about the technological, social, cultural, political, and econornic relationships occurring in waterway related environrnental issuesl and becomes notivated to apply action strategies to naintain a balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) F.S. Law Implenented 374.976(1) F.S. History-New t2 l17/90. Amended 4/29/92. 16f-2.004 PoL,IcY. The foLlowing constitutes the policy of the District regarding the adrninistration of the program. 4 (1) Financial assistance, support and cooperation may be provided to eligible governmentat agencies for approved projects as foLlows: (a) Meuber counties rnay be provided financial assistance, support or cooperation in ptanningr, acquisition, development, construction, reconstruction, extension, improvement, operation or the naintenance of public navigation, public recreation, inlet management, environmental education, 1aw enforcenent and boating safety projects directly related to the waterways. Menber counties rnay also be provided financial assistance, support and cooperation in planninq and carrying out beach renourishment projects and inlet management if the Board finds that the project is a benefit to public navigation. (b) Eligible loca1 governnents may also be provided financial assistance, support and cooperation in planning and carrying out pubJ,ic navigation, publie recreation, inlet managenent, environmental education, law enforcernent and boating safety projects directly related to the vraten ays. Ellgible Iocal governroents nay afso be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet nanageloent projects if the Board finds that the project benefits public navigation. (c) Navigation related districts may be provided with flnancial assistance to pay part of the costs of the planning and acguisition of dredge material nanagement sites if the Board flnds that the site is required for the long range naintenance of the Atlantic Intracoastal Waterway channel. Al-I such sites nust 5 neet the deve),opuent and operational criteria established by the oistrict through a long range dredge naterial Danagement plan for that county. Navigation related districts nay also be provlded with assistance for enviroruoental mitigation projects associated with waterway irnproveroent reLated activities and inlet manage:nent projects if the Board finds that the project benefits pubJ-ic navigation in the Atlantic Intracoastal waterway. A11 navigation related districts shall contribute at least equal matching funds to any District financial assistance provided' (2) The District will notify by direct mail and/or advert j.sed public notice all eligible governnental agencies of the program and the upcoming authorized submission period' Funding al,locations to navigation related districts, mernber counties and local governments shatl be based upon the proportional share of the Districtts ad valorem tax collections from each county. (3) Approval of projects by the District sha1l be in accordance with these rules. (4) The Dj.strict and the project sponsor shall enter into a project agreernent prior to the release of program funds' (5) The project sponsor shall clearly identify and enurnerate the amount and source of the natching funds it will be using to nratch the progran funds supplied by the District for an approved project. The proiect sPonsor sha1I provide suitable evidence that it has the roatching funds available at the tirne the project agreernent is executed. 6 (6) The District shall release program funds in accordance vith the terms and. conditions set forth in the project agreement' This release of program funds shall be on a reinbursement only bas is . (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 rninimum period of 25 years after project cornpletion. such dedicatio.n sha1I be in the forn of a deed, Iease, managernent agreement or other legalIy binding document and shall be recorded in the public property records of the county in which the property is located. (8) Facilities funded in whote or in part by program funds shall_. be made available to the general public of all the rnember counties on a non-exclusive basis without regard to race, coIor, religion, age, sex or sinilar condition. (9) The project sponsor shatl not conmence v'ork on the project prior to the execution of the project agTreenent unless authorized by the Board. (10) The project shall be completed within three (3) calendar years of the date of the execution of the project agreement. (11) Project funds shall not be spent except as consistent vith the project agreement cost estimate which shall be an attachment to the project agreement. (12) All project costs must be incurred. and work perforned within the project period as stipulated in the project aqreement' (13) The project sponsor is responsible for obtaining and abiding by any and all federal , state and local pernits and regulations in the developrnent of the project. (14) A11 development projects nust be designed so as not to inpact navigation along the Districtr s $raterways through the placenent of structures, attendant uses, or the necessity of a boating speed zone for safety purPoses' Before applying for boating speed zone designation in District waten"ays because of a project funded by this progran, the sponsor shall first receive approval fron the Board. (15) The project sponsor shall be responsible for the operation, maintenance, and nanagement of the project for the anticipated life of the project and shal1 be responsible for all expenses required for such purposes. The project sbal1 be maintained in accordance r,rith the standards of maintenance for other similar local facilities and in accordance r.rith applicable health standards. Project facilities and inprovenents sha11 be kept reasonably safe and in reasonabl'e repair to prevent undue deterioration and to encourage public use' The 'project sponsor sha11 have fu1I legal authority and financial ability to operate and maintain the project facilities. (16) The oistrict sha1l terninate a project agreeroent and demand return of prograE funds disbursed to the project sponsor for non-cornpliance with any of the terns of the project agreenent or this rule. Failure of a project sponsor . to conply with the provisions of this rule or the project agreenent shall resutt in the District declaring the projeet sponsor ineligible for further 8 participation in the program until such time as coropliance has been met to the setisfaction of the District' (17) The project sPonsor shall hold the District free and harmless fron any and all demands, claims' causes of actlon' exPenses, attorneyr s fees, losses' damage liabilities' awards and judg-rnents that rnay arise from or relate to the project' Specific Authority 374 -g76(21 F's' Law IropleDented 374'975(1) and (2) F.S. History-New t2lL7 lgO' Amended t2l20l93' 15T-2.Oo5 EtNDg AIrL'oCAlIIoN' The District will notify potential eligible governmental agencies of the availability of program funding. (1) Financial assistance to eligible governnent agencies shall-- not exceed the proportional share of the Districtrs ad val.oren tax collections frorn each county in which such agencies are located. (2) A1I financial assistance and support to eligible governmental agencies shall require natching funds froE the project sponsor lvith the exception of public navigation' Iaw enforcernent and environmental education projects' (3) Projects and/or project eleroents in the categories of public navigation, law enforcernent and environmental education rnay recieve funding in excess of fifty per cent of the projects total cost. Eligible projects and/or project elenents in these categories naY include: (a) Public navigation 1. Navigatlon channel dredging 2. Navigation channel llghting and narkers 9 3. Water\,ray signs and buoys for safety, regulation or inforrnation (b) Law enforcement 1. Waterways boating safety programs 2. Law enforcement and boating safety equiprnent (c) waterways Related Environmental Education 1. Environnental Education Programs 2. Environmental Education Facilities speciflc Authority 374.975(2) F.s. Lar', rnplemented 374'975(1) - (3) F. S. History-New t2/17 l90. Anended 6124/93' 16E-2. OO5 APPI,ICATION PROCESS. (1) Applications for assistance through this progran will be submi_tted during the authorized submission period which is froro March 1st through May 1st of each year, unless rnodif ied,by vote of the Board at a scheduled meeting. The project sponsor shall approve the subroission of an application by official resolution frorn its governing board or conmission. said resolution shall be madeonF.I.N.D.ResolutionFornNo.go-21(effectivedate septenber 15, 1990) hereby incorporated by reference and available frorn the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. (2) Applicatlons viIl be reviewed by the loca1 F'I'N'D' Cornrnissioner before being submitted to the District office' Upon receipt in the District office, staff will review the applications for conpleteness of the informational reguireruents and for cornpliance with the eligibility requireoents of this rule. When an application is deternined by staff to be l0 inconplete or ineligible, staff will innediately inform the applicant by roai].. The applicant will then have until the final presentation date to bring the application into coropliance' rf the applicant fails to provide a complete applicatlon in compliance with these ru1es, the application will not be considered for funding. (3) Applications deterroined to be conplete and in cornpliance vj.ththisrulewillbeforwardedtotheBoardforreviewandthen scheduled for presentation to the Board at a scheduled neeting of the Board. The applicantrs presentation will at a niniroun include a discussion of the applicants answers to the Evaluation and Rating criteria on ForE No. 91-25. Following the presentations, the pgard will- review the applications and evaluate thern using the project Evaluation and Rating Form No. 91-25 (effective date December 10, 1993) hereby incorporated by reference and available fron the District office. (4) The Board wiLl hold a funding allocation roeeting at which tirne the Board wilt deternine the allocation of funds' if any, to each project. Allocations .wi'11 be based in part upon the cumulative score of the appJ-icat5-ons as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the indlviduat counties' Specific Authority 374.g76(2) F.S. Law Implenented 374'976(1) F.S. History-New Lzlt7 ls}. Amended 4129 193 & 6124193' 15T-2. OOSI EMERGENCY APPI,ICATIONS. EBETgENCY applications may be subnitted to the District and consLdered by the Board at any tiroe during the year to provide asslstance to an ll eligibLe applicant for the removal of navigation obstructions and repair or replacenent of r,raterway facilities danaged by a declared natural disaster. Ihe District shal1 consider these applications in accord,ance with these rules and any fundlng allocated will not exceed the provisi,ons of s.16T-2.005. Specific Authority 374.976 (2) F.S. Law rnpleEented 374.975(1) F. S. History-New 6124193 . 15I-2.00? APPLICAEIoN foRu. Florida Inland Navigatlon District Waterways Assistance Program Application Formg Nunber F.f .N.D. go-22 (effective date Decenber 1o, 1993) and 93-22A (effective date Septenber 10, 1993) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program froro roernber counties and 1oca1 governments shall_ be rnade on Forn Number F.I.N.D. 9o-22 this form. A)-1 applications for financial assistance and support through this program from navigation related districts shal1 be made on Forn Number F.I.N.D.93-22}.. Specific Authority 374.g76(2) F.S: Law Irnpleroented 374'975(1) F.s. History-New L2l17 l90. Amended 6124193. 16T-2.008 PROJECT EI.IGIBILITY. (1) Financial assistance and support through this progran aha1l be used to plan or carry out publie navigation, public rocreation, environmental education, boating safety, spoil site acguisition, inlet uanagement, environroental rnitigation and beach nourishrnent directly related to the vraterways. t2 (a) Progran funds may be used for projects such aa acquisition planning, devel-optrent, construction, reconstruction, extension, improvement, operation or roaintenance of the following types of projects for public' use on land and r+ater - These project types will be arranged into a priority list each year by vote of the Board. The priority llst will be distributed to applicants with the project application. 1. Public boat ramps and launching facilities 2. Public navigation channel dredging 3. PubIic navigation channel lighting and markers 4. watenray signs and buoys for safety, reg'ulation or infornation g. Pub1ic boat docking and nooring facilities 6. Public shoreline stabilization 7. PubIic spoil disposal site development 8. waterways related environrnental education programs and facilities 9. Public fishing and viewing piers 10. Public waterfront boardwalks 11. watervays boating safety programs and equipnent 12. Inlet rnanagenent projects related to waten ay navigation inprovernent 13. Beach renourishment projects related to waterway navigation irnprovement 14. other watervray related projects. (b) Project costs ineligible for progiran funding or natchinq funds wiII include any extraneous recreationat anenities not 13 directly related to the lratenray. Ineligible amenities may lnclude the following: 1. Landscaping 2. Park and playground equiPment 3. Restrooms for non-waten ay users 4. Tennis courts 5. Roadways providing access to non-waterway users 5. Parking areas for non-$raterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related faciLities 9. Irrigation equiPnent 10. Maintenance equiPment -f1. Picnic shelter and furniture (c) The following project costs will be eligible for-,progran funding or as matching funding subject to approval by the Board of an itemized expense list. Before reirubursenent is roade by the District on the fotJ.owing projects costs, the construction of the project wilt be conpleted to the Boardts satisfaction: 1. Personnel costs 2. Equipnent costs 3. Project Danagenent, adroinistration and inspection 4. Design, perroitting, planning, engineering, or surveying costs for a conpleted construction project 5. In-kind services 6. Restoration of sites disturbed during the construction of an approved Project. I4 (d) Applications for eligible waterway projects lrlrich include construction elernents below mean high water wiII be subroitted as a phased project where Phase I YilI include the design, engineering and perrnitting elements and Phase II will include the construction of the project. A description and cost estinate of the Phase II work will be subnitted along with the Phase I application for Board review. Applicants for Phase If funding will denonstrate that Phase I will be completed by the current cornpletion date of the Phase I agreement prior to the funding of Phase II, provided, however, that in extraordinary situations this requirernent will be waived by the Board of Conmissioners where an applicant has provided docurnentation of al-l' of the following: 1. The delay in cornpleting Phase I is for a reaso-n or reasons outside the control of the appLicant, and the applicant has dernonstrated that it diligently proceeded in attenpting to coroplete Phase I 2. All the iurpediroents to cornptetion of phase I will have been resolved on or before the Districtrs final TRIH hearing at which the Phase II funding is to be finally approved, and the applicant has provided a tinetable showing such conpletion of Phase I within this tine Period; and 3. A delay in funding Phase II would significantly lncrease the cost of Phase II, create a substantial likelihood that Phase II would not be acconplished, or adversely inpact on public safety or the operation of District uatenays' 15 (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authority 374.976(2) F.s. Law ImpleDented 374.975(1) - (3) F.S. History-New t2/L7/90. Amended 4/29 192, 6/24/93 & L2lto le3. 16T-2.009 PROJEeE ADUINISTRATIoN. The District will administer aII funded projects through an executed project agreehent. The District will appoint a project Eanager who sha11 be responsibte for nonitoring project and the project agreement. The project manager shall also be responsible for approvinq aII reimbursernent reguests. The project sponsor sha11 appoint a Iiaison agent to act on its behalf in carrying out the terms of the p-roject agreeruent. Administration of the project wiLl be as foI Iows: (1) A project agreement will be executed between the Dlstrict and the project sponsor. (2) The liaison agent will subroit quarterly rePorts to the project nanager sunmarizing the work acconplished since the last report, problems encountered, percentage of project cornpletion and other appropriate inforroation. These reports shall continue throughout the length of the project period until cornpletion of the proj ect. (3) The liaison agent Day subroit periodic reirnbursernent requests during the project period. The project nanager will approve or disapprove aLI reinbursernent reguests. The final payment of program funds will be nade upon certified conpletion of the project by the District. l6 (4) Upon reasonable request, the project manager shall have the right to inspect the proiect and any and all records relatlng to the proj ect. (5) Upon cornptetion of thd project, the liaison agent sha1l provide the following to the project manager: (a) A Project Cornpletion Certificate, F.I.N.D. Forro No' 90- 23 (effective date September 15, 1990) hereby incorporated by reference and available from. the District office, which certifles that the project was cornpleted in accordance with the project agreement and the final project p1ans. (b) A final reirubursernent reguest accornpanied by all required billing statements and vouchers. ,(c) Photograph(s) showing the installation of the sign required by s. 16T-2.013. (d) Photograph(s) of the cornpleted project clearly showing the program irnprovements. (6) The project nanager will revieh, the project conpletion package. and will authorized or reject the final reirnburseraent payment which will include alI retained funds fron previous requests . specific Authority 374.976 (2) F.s. Law Inplenented 374.976(1) f.s. History-New 12lL7 l90. 161[.2. O1O PROJECT AGREEUENT. (1) For each funded project, the District and the project oponsor wiII enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The I7 project agreenent sha1l incorporate the applicable policies and procedures of the. program as outlined in this rule. (2) A11 proposed changes to the project agreement nust 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 fornal amendment to the project agreement. Specific Authority 374.976(2, F.S. Law fnplemented 374.976(1) F. S. History-New 12/17 /90. 16tr-2.011 REIttBIrRgEt'tENE. The District sha11 reirnburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed wilI require the subnission of a Reimbursement Request Form and required supporting documents, F.I.N.D. Fontr No' 90-24 (effective date December 10, 1993) hereby incorporated by reference and available from the District office. (1) AlI project costs shall be reported to the District and sunmarized on the Reimbursernent Request Form. AIl requests for reinbursenent shaIl include supporting docuruentation such as bllling statements for work performed and canceled pa)ment vouchers for expenditures made. (2) The District shall retain ten percent of all reinburseroent paynents until final certification of conpletion of the project. The District sha1l withhold any reirobursernent palment, either ln whole or part, for non-conpliance uith the terns of this agreeroent. l8 (3) The final reinbursenent check shall be presented by a District representative to the project sponsor during a public cornnission rneeting or public dedication ceremony for the project faci I ity. specific Authority 374.975(2) f.s. Law Inplemented 374.975(1) F.s. History-New 12ll7 /90. Anended !2lLol93. 16lt-2.012 eccOIrNtrASILITY. The following procedures shall govern the accountability of prograro funds: (1) Each project sponsor is responsible for naintaining an accounting systen which neets generally accepted accounting principles and for rnaintaining such financial records as necessary to properly account for aII program funds. _(2) The project sponsor shal1 subrnit quarterly project status reports to F.I.N.D. during the project period. - These reports will surnrnarize the work accornplished since the previous report, problems encountered, percentage of project completion and any other appropriate infornation. (3) Af1 required final completion certification docunents and materials as outlined in s. 16T-2.009(5) of this rule shall be subroitted to the District prior to final reinbursenent of progran funds. (4) All project records including project costs shall be availabl.e for review by the District or by an auditor selected by the District for 3 years after conpletion of the project. Any euch audit expenses incurred shal1 be borne entirely by the project sponsor. l9 (5) The project sponsor shall retain al.I records supportlng project costs for three years after either the completion of the project or the final reirnbursenent paynent, whichever is Iater, except that should any litigation clairn, or special audit arise before the expiration of the three year period, the project sponsor shall retain all record.s until the final resolution of such rnatters. (6) If it is found by any State, county, F.f .N.D., or independent audit that progran funds have not been used in accordance with this rule and applicable Iaws, the project sponsor shall repay the rnisused program funds to the District. Specific Authority 374.976(2) F.S. Law rmplenented 374.976(Ll F . S . _. History-Ne!, 12 I l7 / 90 . 15T-2.013 ACKNOI{LEDGUENT. The project sponso_r shall erect a permanent sign, approved by the District, in a prorninent location at the completed project which indicates the Districtrs participation in the project. This sign shalL contain the F.I.N.D. 1ogo. In the event that the project sponsor erects a tenporary construction sign, this sign shall also recognize the Districtrs participation. If the final product of the project is a report, study or other publication, the Districtrs sponsorship of that publication sha11 be prorninently indicated at the beginning of the publication. If the project results in an oducational display, the Districtts Logo and a statement of the Districtts participation in the project shalt be contained in the display. 20 2L Specific Authority 374.976(2, F.s. Lal, Inplemented 374'976(1) F. s. History-Nerd L2/L7 l90. .r-)rHLBlT "C,' FLORIDA INLAND NAVIGATION DISTRICT .IYATER}VAYS ASSISTANCE PROGRAT{ PAYNIENT REIMBURSEMENT REQIIEST FOR}I PRO]ECT NO.: BILLING NO.: PROJECT NAlvlE: PRO]ECT SPONSOR: Amount of Assistance Funds Previously Requested J. Balance Available = Funds Requested Less Retainage (10%) Check Amount Balance Available Less Check Amount Balance Remaining S CHEDULE OF EXPENDITTJRES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "8") Vendor Name Check No. and Date Total Cost Applicant Cost FIND Cost FIND - Form No. 90-24 Rev.9/3/92 t'1ND - rorm No. Pagc Trt o >u;{ Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "8") S CHEDULE OF EXPENDITURES Vendor Name Check No. ard Date Applicant Cost FIN'D Cost Total Cost Certitlcation 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 Rcv . 917192 Date EXHIBIT "DN FLORIDA INLAND NAVIGATION DISTRICT \YATERWAYS ASSISTANCE PROGRAT{ Proj ect 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: FIND Form No. 90-23 P,ev.9l3l92 NOTARY SEAL EXHIBIT ''E'' WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER - Project Agreement Executed, Project lnitiates. DECENIBER lst - First Quarterly Report Due. I\I^A.RCH 1st - Second Quarterly Report Due. JLINE lst - Third Quarterly Report Due, time extension recluested if necessary. SEPTENIBER lst - Project to be completed, closeout paperwolk submitted, and Fouth Quarterly Report Due. SEPTENIBER 3Oth - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modificntions to the PROJECT shall require advance notice to and prior rvritten approvnl of the District. Appropriate timing for modifications to the cost estim:rte, Erlribit B, would be after npprovat of bids. NON-CONIPLLANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit "E" may result in revocntion of this agreement pursuant to Paragraph 10 of this xgrccment. FLORIDA L\LAND NAVIGATION DISTRICT WATERIVAYS ASSISTANCE PROGRAN{ STATUS REPORT FOfu\I Sponsor: Project Title: Project Period: Oct. - Dec. - Jan. - Mar. - Apr. -Jun. - July - Sep. - Work Acconrplished Since Last Report: Problems Encountered: Percentage of Project Completion: Please attach any project drawings, plans, photographs of acknowledgment signs or photographs of work completed to date. Project Liaison Name: Project Liaison Signature: Date: FIND Form No. 95{2 New 9/9/95 Project #:_ FLORIDA INLAND NAVIGATION DISTRICT I EXIIBIT ''F'' I + I FLORIDA I}..LAN'D NAl'IGATIOT" DISTRICT \1 .1.TER\\AYS ASSISTANCE PROGRA}I PROJECT COST ESTI,\IATES PROJECTNUNIBER: BR-DA-95-29 PROJECT TITLE: Dani, Cut-off Crnrl Dredging - Phas. I APPLICANT: Cily Of Danir Pro;ect Elcments Qu3nti!] G-umber and/or Es!mated Cost Applicants Cost FIN.-D Cost P€rmininO 4 Agencies + S 14000.00 + $ 3500.00 + $ 10500.00 Engineering Design 1 +s 15OO0.00 - 3 3750.00 + s 1 1250.00 Soil TeslinO/Analysis 30-40 + S 40000.00 +$ 10000.00 + $ 30000.0O +S 750 TOTALS +s 00 11254 EXI{IBIT B E ll.'