HomeMy WebLinkAbout1991-15909-30-91(TOBrt)TBT(PMD]r..
RESOLUTION NO. 91- 159
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
APPROVING THE ACCEPTANCE AND EXECUTION OF RECORDVERIFI@D
FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS JEFFREVK.BARTON
ASSISTANCE PROJECT AGREEMENT NO. IR -91-9 CLINDIAN RIVEDIT COURT
NAIV@It CO.. FLA
WHEREAS, the Board of County Commissioners of Indian River
County, Florida accepts the conditions of and enters into Project
Agreement No. IR -91-9 with the Florida Inland Navigation District
(hereinafter "FIND") for Round Inland Park improvements.
WHEREAS, the total project cost will be greater than
$260,000 to be comprised of $130,000 to be contributed by FIND
and a minimum of $130,000 to be contributed in cash and/or
In -Kind Services by Indian River County; and
WHEREAS, Indian River County warrants and represents that it
has appropriated $130,000 in funds for completion of the project.
WHEREAS, said Board of County Commissioners of Indian River
County, Florida, does retain jurisdictional control, and maintain
said park and facilities; and
WHEREAS, Indian River County agrees that when completed, the
project site shall be dedicated for the public use for a minimum
period of twenty-five (25) years.
WHEREAS, continued maintenance of proposed improvements to
this public park facility will be in the interest of all the
citizens of Indian River County;
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, that this official document
does hereby certify the Board of County Commissioners' intent to
accept the conditions of and enter into Project Agreement NO.
IR -91-9 to which this Resolution will be attached;
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The foregoing resolution was offered by Commissioner Scurlock
and seconded by Commissioner Bowman , and, being put to
a vote, the vote was as follows:
Chairman Richard N. Bird
Vice Chairman Gary C. Wheeler
Commissioner Carolyn K. Eggert
Commissioner Margaret C. Bowman
Commissioner Don C. Scurlock, Jr.
Aye
Aye
Absent
Aye
Aye
rn
0
Resol. 91- 159
The Chairman thereupon declared the resolution duly passed
end adopted this 15 day of October , 1991.
INDIAN RIVER COUNTY, FLORIDA
SY ITS BOARD OF COUNTY
COMMISSIONERS
Richard N. Bird, Chairman
J lndi.n Riv.r Colllpprovedl Oat. I
Admin. ii_ 'psi
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Before me appeared Richard N. Bird, as Chairman of the Board
of County Commission and Jeffrey K. Barton as Clerk of Circuit
Court to me well known and known to me to be the persons
described in and who executed the foregoing instrument and they
acknowledged before me they were same.
Witness my hand and official seal this /46 44 day of
40/C, -A614012,, 1991.
Nota Public
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR -91-9
This PROJECT AGREEMENT made and entered into this la t day of
October , 1991, by and between the Florida Inland Nayigation District
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(hereinafter "FIND"), and Indian River County
(hereinafter the "PROJECT SPONSOR").
In consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1. Subject to the provisions of this Agreement and Rule 16T-2 of the
Florida Administrative Code (Exhibit "A"), FIND has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of en approved pro-
ject ("PROJECT") consisting of Round Island Park improvements . Said
project is more specifically described in the PROJECT SPONSOR'S Waterways
Assistance Application which is on file at FIND headquarters.
2. The PROJECT SPONSOR shall not commence work on the PROJECT prior to
the execution of this Agreement unless otherwise authorized and shall complete
the PROJECT and submit all required payment reimbursement information on or
before September 1, 1992, unless the PROJECT period has been extended with
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 this
Agreement. The PROJECT SPONSOR acknowledges there are no provisions to carry
over FIND assistance funding under this Agreement beyond September 1, 1992.
3. FIND shall contribute no more than, fifty percent (50 X) of the
PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT
AMOUNT"). (NOTE: FIND is statutorily authorized to fund up to one hundred
percent (100X) of the financial assistance an4 support for public navigation?
law enforcement, and environmental1educationlprojects; all other projects'
shall require matching funds from the Sponsor.) Payment of funds by FIND to
the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT") will be on a reimbursement basis
only for those authorized costs as shown in Exhibit B and meeting the require-
ments of Paragraph 5 below and shall not, in any event, exceed $ 130 000.00 .
4.'' The PROJECT SPONSOR warrants and represents that it has the PROJECT
SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available
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for coapletion of the PROJECT and will provide FIND with suitable evidence of
the:.availability of such' funds, including but not limited to, providing FIND
with access to applicable books and records, financial statements, and bank
statements.
-S. To be eligible for reimbursement under the Project Agreement, costa
must be necessary and reasonable for the effective and efficient accomplish-
ment of the PROJECT and must be directly allocable thereto ("PROJECT COSTS").
PROJECT COSTS must be incurred and work performed within the Project Period,
with the exception of pre -agreement coats, if any, specifically identified in
Paragraph,6 below, which are also eligible for reimbursement by FIND.
6. FIND and the PROJECT SPONSOR fully understand and agree that there
shall be no reimbursement of funds by FIND for any obligation or expenditure
made prior to the execution of thi1 Project Agreement with the exception of
$ 0 for: N/A
7. PROJECT COSTS shall be reported to FIND and summarised on the Payment
Request Form attached as Exhibit C. Supporting documentation including bills
and cancelled payment vouchers for expenditures shall be provided to the FIND
by the PROJECT SPONSOR or LIAISON AGENT pith ony payment request. All records
in support of the PROJECT COSTS included in payment requests shall be subject
to review and approval by FIND or by an auditor selected by FIND. Audit
expenses shall be borne by the PROJECT SPONSOR.
0. Project funds may be released in installments, at. the discretion of
FIND, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON
AGENT. FIND shall retain ten percent (10Z) of each installment payment 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 final payment
of the PROJECT AMOUNT. The Payment amounts previously retained by FIND shall
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-
wise determined by FIND, the final reimbursement check shall be presented
by a FIND representative to the PROJECT SPONSOR during a public commission
-meeting or public dedication ceremony for the PROJECT facility. The -following
costs, if authorized in the attached Exhibit "B" shall be reimbursed only upon
completion of the PROJECT do the reasonable satisfaction of FIND: personnel,
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equipaant,;project management, administration, inspection, and design,
peraitting'planning, engineering, and/or surveying costs. FIND shall have
'the right to Withhold any payment hereunder, either inwhole or 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 in which the Final
'Payment is released by FIND, except that such records shall be retained by the
PROJECT SPONSOR until final resolution of matters resulting from any
litigation, claim, or special audit that starts prior to the expiration of the
three-year retention period. expiration.
10. FIND 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 FIND, the PROJECT SPONSOR shall reimburse such funds
directly to FIND.
11. David K. Roach, Assistant Executive Director, or his successor, is
hereby designated as FIND's Project Manager for the purpose of this Project
Agreement and shall be responsible for monitoring performance of its terms and
conditions and for approving all reimbursement requests prior to payment.
The PROJECT SPONSOR shall appoint a liaison Agent whose name and
title shall be submitted to FIND upon execution of the Project Agreement, to
act on behalf of the PROJECT SPONSOR relative to the provisions of the Project
Agreement.
12. The PROJECT SPONSOR'. Liaison Agent shall submit to FIND quarterly
project status reports during the PROJECT term summarising the work
accomplished, problems encountered, percentage of completion and other
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appropriate information. Photographs shall be submitted when appropriate to
reflect the work accomplished.
13. The PROJECT SPONSOR agrees to obtain and to abide by all federal,
state and local permits and regulations in the development of the PROJECT.
The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in
compliance with state and federal statutory requirements for accessibilioy by
handicapped persona as well as all -other federal, state and local laws, rules
and requirements.
14. The PROJECT SPONSOR agrees that when completed, the PROJECT shall be
readily accessible, on a non-exclusive basis, to the general public without
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'regard to age' sex,,race, physical handicap, or other condition, and without,
regard to residency of the user .in another political subdivision. When such.
ie required, adequate parking shall be.made available by the PROJECT SPONSOR
to accommodate vehicles for the number of persons for which the. PROJECT is
being developed. The PROJECT SPONSOR also agrees that when completed, the
PROJECT site shall be dedicated for the public use for a minimum period of
twenty-five (25) years, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. The PROJECT SPONSOR.
• shall record evidence of such dedication within the Public Records of the
County in which the PROJECT is located. 4' r
15. The PROJECT SPONSOR shall erect a permanent sign, approved by FIND,
in a prominent location at the completed project'which indicates that FIND was
a joint participant and contributor to the development of the PROJECT. This
sign shall contain the FIND logo (Exhibit "D") unless otherwise stipulated by
FIND. In the event that the SPONSOR erects a temporary construction sign, it
shall also indicate FIND's participation.
16. When and where applicable, the PROJECT SPONSOR agrees to operate,
maintain. and manage the PROJECT for the life of the PROJECT and will pay all
expenses required for such purposes. The PROJECT shall be maintained in
accordance with the standards of maintenance for other local facilities and in
accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent
undue deterioration and to encourage public use. The PROJECT SPONSOR warrants
and represents that it has full legal authority and financial ability to
operate and maintain said PROJECT facilities and improvements.
17. The PROJECT SPONSOR agrees to hold FIND, its Commissioners,
employees, agents, and its successors and assigns free and harmless from and
against any and all demands, claims, causes of actions, expenses, attorney's
fees, losses, damage liabilities, awards, and judgments, that may arise from
or relate to this Agreement.
18. FIND reserves the right to inspect said PROJECT and any and all
records related thereto at any time. I
19. The rights and duties arising under this Agreement shall inure to
-the benefit of and be binding upon the parties hereto and their respective
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successors and assigns.- The PROJECT SPONSOR may not assign this Agreement nor
any interest hereunder without the express written consent 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 provision.
21. Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage prepaid, and shall be sent by
certified mail, return receipt requested, to FIND or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the
return receipt.
To FIND'ats
Florida Inland Navigation District
1314 Narcinski Road
Jupiter, Florida 33477
To PROJECT SPONSOR ats
Nr. Terry B. Thompson, Capital Projects Manager
Indian River County Administration Building
1840 25th Street
Vero Beach, FL 32960
i2. 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 event
the PROJECT SPONSOR transfers ownership or management of this facility`to a
party or parties not now a part of this document, other than another
governmental entity that agrees topassume, in writing, PROJECT SPONSOR'S s
obligation hereunder, FIND retains the right to reimbursement from the PROJECT
SPONSOR for its participation to the full extent of the funding assistance
awarded to accomplish this facility.
24. This Agreement, including any exhibits made a part hereof, embodies
the entire Agreement and understanding of the parties and supersedes all prior
oral and written communications between them. The terms hereof may be
modified only by a writing signed by both parties hereto.
25. In the event that FIND or PROJECT SPONSOR institutes any action or
suit to enforce the provisions of this Agreement, the prevailing party in such
litigation shall be entitled to reasonable costs and attorney's fees at the �.
trial and appellate levels.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
e:acuted the day, month and year aforesaid.
.:WITNESSES:
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FLORIDA INLAND NAVIGATION DISTRIC;
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DATE:
CHAIRMAN
PROJECT SPONSOR
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Title: CIM -/R A? A
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EXHIBIT A
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T-2'
Waterways Assistance Program
4001 Purpose
1,002 Forms
2,003 Definitions
2,004 Policy 1
2,005 Funds Allocation
71„006 Application Process
711.007 Application Form •
71;.0011 Project Eligibility
1.009 Project Administration
8.010 Project Agreement
0.011 Reimbursement
1.012 Accountability
18.013 Acknowledgement
16T-1.001 PURPOSE. Recognising the Importance and benefits of Inland
ignition channels and waterways. as well as noting problems associated
h the''construction, continued maintenance and use of these waterways.
Vlorida Legislature crested s. 374.976 Florida Statutes. This law authorises
Ompowers each inland navigation district to undertake programs Intended
alleviate the problems associated with Its waterways. The purpose of
0 rule is to set forth the DIetriet''s policy and procedures for the
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,!Gsmsntation of an assistance program under s. 374.976 F.S. for local CD
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Ornments, member counties and navigation related districts within the
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s:hitt. This program willjbe known hereafter as the Florida Inland Navigation "a
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4rict's Waterways Aasi.atance Program. iV
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:6ific Authority 374.976(2) FS. Law Implemented 314.916(1) 1J. 111atury-lleuCa
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16'-2.001
16T-2.002
16T-2.003
''16T-2.004
161-2.005
16T-2.006
161-2.007
16T-2.000
161-2.009
16T-2.010
16T-2.011
16T-2.012
161-2.013
'EXHIBIT A
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16T-2'
Waterway Assistance Program
Purpose
Forms
Definitions
Policy
Funds Allocation
Application Process
Application Form
Project Eligibility
Project Administration
Project Agreement
Reimbursement
Accountability
Acknowledgement
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16T-2.001 PURPOSE. Recognising the Importance and benefits of Inland
navigation channels and waterways, as well as noting problems associated
with the'conatruction, continued maintenance and nae of these waterways.
the Florida Legislature created s. 374.976 Florida Statutes. This law authorizes
and empowers each inland navigation district to undertake programa intended
to alleviate the problems ammoniated with Its waterways. The purpose of
this rule is to set forth the District•'s policy and procedures for the
implementation of en assistance program under a. 374.976 F.S. for local
governments, member counties and navigation related districts within the
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District. This program will be known hereafter as the Florida Inland Navigation
District's Waterways Assistance Program.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1)V:1. IIIli
I:oiy-Neu
16T-2.002 FORMS. All fortis for the administration of this program
ars available from the District office located at 1314 Marcinaki. Road, Jupiter,
Florida 33477.
Specific Authority 374.976(2) FS. Lav Implemented 374.976(1) FS. Illstory-New
16T-2.003 DEFINITIONS. The basic terns utilized in this rule are
defined as follows,
(1) "APPLICANT" moans an eligible governmental agency submitting
_, an application through this program.
(2) "APPLICATION" means a project proposal with the required
documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for
submitting applications to 'the District.
(4) "BOARD" means the Board of Commissioners of the Florida lulan4
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 the District.
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida
Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially designated
to act on behalf of the applicant or the project sponsor.
(9) "LOCAL.GOVERNMENTS" meane municipalities, cities,"or consolidated
county governments, which are located within the member counties.
(10) "MATCHING FUNDS41 meane those funds "feed by the local sponsor
to match the program funds on a dollar per dollar basis.
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(11) "MBER COUNTY" means a county located within the taxing
boundaries of the District which includes Duval. St. Johns.,,Flaglcr. Volusia.
Iravard, Indian River, St. Lucie, Martin, Palm (leach, Droward and Dade Counties.
(12) "RAVICATION RELATED DISTRICTS" means port authorities" inlet
districts or any other agency having legally authorised navigation related
duties in waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District Waterways
Assistance Program.
(14) "PROGRAM VUNDB" means financial assistance awarded by the Board
to a project for release to the project sponsor pursuant to the terms of
the project agreement.
(15) "PROJECT" means a planned undertaking consisting of eligible
program facilities, improvements or expenses for the use and benefit of the
general public.
(16) "PROJECT AGREEMENT" means an executed contract between the District
and a project sponsor setting forth mutual obligations regarding an approved
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project.
(17) "!PROJEOT MANAGER" means the District employee who is responsible
for monitoring the performance of the Project and compliance with the project
agreement.
(18) "PROJECT PERIOD" means the approved time during which costs
may be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency receiving
program funds pursuant to an approved application.
(20) "WATERWAYS" means the Atlantic Intracoastal Waterway, all
navigable rivers, bays, creeks or lagoons intersected by said waterway and
all navigable natural creeks, rivers, bays or lagoons enterin1z or extending
from said waterway.
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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 programs
(1) Financial assistance, support and cooperation may be provided
to eligible governmental agencies for approved projects as follows,
(a) Member counties may be povlded finincial 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 titre waterways. Ilember counties
may also be provided financial assistance, support, and cooperation in planning
and carrying out beach rsnourishment projects and inlet management if it...
Board finds that the project is a benefit to public navigation.
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(b) °Eligible local governments may also be provided financial assistance.
support and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education and boating safety
projects directly related to the waterways. Eligible local governments may
also be provided financial assistance. support, and cooperation 1u planning
and carrying out beach renouriahment and inlet management projects if the
Board finds that the project benefits public navigation.
(c) Navigation related districts may he provided with financial
assistance to pay part of the costs of the acquisition of dredge material
management sites if the Hoard finds that the site is required for the long
range maintenance of the Atlantic Intracoastal Waterway channel. All such
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sites must meet the development and operational criteria established by the
District through a long range dredge material management plan for that county.
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(2) The District will notify by direct mail and/or advertised public•
notice all eligible governmental agencies of the program and the upcoming
authorised submission period. Funding allocations to member counties and
local governments shell be based upon the proportional share of the District's
ad valorem tax collections from each county.
(3) Approval of projects by the District shall be in accordance with
these rules.
(4) The District and the project sponsor shall enter into a project
agreement prior to the release of program funds.
(S) The project sponsor shall clearly idepti.fy and enumerate the
amount and source of the matching funds it will be using to match the program
funds supplied by the District for an approved project. The project sponsor
shall provide suitable evidence that it has the matching funds available
at the time the project agreement is executed.
(6) The District shall release program funds in accordance°with the
terms and conditions sot forth in the project agreement. This release of
program funds shall be on a reimbursement only basis.
(7) The site of a proposed land-based development project shall be
dedicated for the public use for which the project was intended for a minimum
period of 23 years atter project completion. Such dedication shall be in
the form of a deed, lease, management agreement or other legally binding
document and shall be recorded in Ijhe public 'property records of the county'
in which the property is located.
(8) Facilities funded in whole or in part by program funds shall
be made available to the general public of all of the member counties on
a non-exclusive basis without regard to race, color, religion, age,aex or
similar condition.
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(9) The project sponsor shall not commence work on the project prior
to the execution of the project agreement unless authorized by the Board.
(10) The project shall be completed within three (3) calendar years
of the date of the execution of the project agreement.
(11) Project funds shall not be spent except as consistent with the
project agreement coat *Waste which shall bi an attachment to the proje t
agreement.
(12) All project costs must be incurred and work performed within
the project period as stipulated in the project igreemsnt.
(13) The project sponsor is responsible for obtaining and abiding
ty any and all federal, state and local permits and regulations in the
development of the project.
(14) All development projects must be designed so as not to impact
navigation along the district's waterways through the placement of structures.
attendant uses, or the neces,slty of • boating speed sone for safety purposes.
Before applying for boating speed sone designation in District waterways
because of • project funded by this program. the sponsor shall first receive
approval from the Board.
(15) The project sponsor shell be responsible for the operation.
maintenance. and management of the project for the anticipated life of the
project and shall be responsible for all expenses required for such purposes.
The project shall be maintained in accordance with the standards of maintenance
for other similar local facilities and in accordance with applicable health
standards. Project facilities and improvements shall be kept reasonably
safe and in reasonable repair to prevent unduc'deterioration and to encourage
public use. The project sponsor shall have full legal authority and financial
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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 harmless
from any and all demands, claims, causes of action, expanses, attorney's
fees, losses, damage liabilities, awards and judgments that may arise from
or relate to the project.
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Bpscitie Authority 374.976(2) P8. Law implemented 374.976(1) an. (2) FS.
History -New •
16T-2.005 FUNDS ALLOCATION. The Diatrlct will notify potential eligible
governmental agencies of the availability of program funding.
(1) Financial assistance to eligible government agenciea shall not
exceed the proportional share of the District's ad valorem tax collections
from each county in which each agencies are located.
(2) All financial assistance and support to eligible governmental
agencies shall require matching fund• from the project sponsor with the
,.0 exception of public navigation, lawtenforcemenk and environmental educatlor
projects.
Specific Authority 374.976(2) P8. Law Implemented 374.976(1)-(3) FS. History -New
16T-2.006 APPLICATION PROCESS. Applications for assistance through
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this program will be submitted during the authorized submission period which
is from March 1st through Hay 1st of each year. The project sponsor shall
approve the submission of an application by official resolution from its
governing board or commission. Said resolution shall be made on FI110 Resolution
Form No. 90-21 (effective date September 15, 1990) hereby incorporated by
reference and available from the District office located at 1314 llarcluskl
Road, Jupiter, FL 33477.
Specific Authority 374.976(2) FS. Law Tmpinmsnted 374.976(1) FS. History -Ileo
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16T-2.007 APPLICATIONS FORM. Florida Inland Navigation District
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Waterways Assistance Program Application Form Mumbsr FIND 90-22 (effective
September 15, 1990) is hereby incorporated by reference and available from
the District office. All applications t'er financial assistance and support
through this program shall be made on this form.
Specific Authority 374.976(2) ITS. law Implemented 374.976(1) FS. oilistory-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
education, boating safety, spoil site acquisition, inlet management. and
beach nourishment directly related to the waterways.
(a) Program funds may be used for projects such as acquisition planning,
development, construction, reconstruction. extension. improvement, operation
or maintenance of the following for public use on land and waters
1. Public boat ramps and launching facilities
2. Public navigatidfi channel dredging
3. Public navigation channel li.glsta and murke ru
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4. Waterway signs and buoys for safety, regulation or information
5. Public boat docking and mooring facilities
6. Public shoreline stabilisation.
7. Public spoil disposal site development, acquisition or management
g. Public fishing and viewing piers
9. Public waterfront boardwalks
10. Waterways related environmental education programa and facilities
11. Waterways boating safety programa and equipment
12. inlet management projects related to waterway navigation improvement
13. Beach renourishment projects related t9 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 to
the waterway. Ineligible amenities may include the followings
1e Landscaping
2. Park and playground equipment
3. Rsstrooms 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
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11. Picnic shelters4and furniture
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(c) The following project costs will be eligible for program funding
or am matching funding subject to approval by the Board of an itemized expense
list. Before reimbursement is made by the District on the following projects
costs. the construction of the project will be completed to the"Board's satisfactions
1. Personnel costs
2. Equipment costs
3. Project management. administration and inspection
4. • Design, permitting,oplanning, eng• ineering or surveying costs for
a completed construction project.
S. In-kind services. „
6. Restoration of sites disturbed during the construction of an approved
project.
• (2) The Board will make alk final decisions on the eligibility of
a Project or specific project costs.
Spedific Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) PS. History -New
16T-2.009 PROJECT ADMINISTRATION. The District will administer all
funded projects through an executed project agreement. The District will
appoint a project manager who shall be responsible for monitoring l,rojoct
and the project agreement. The project manager shall also be responsible
for approving all reimbursement requests. The project aponoor shall appoint
• liaison agent to act on its behalf in carrying out the terms of the project cD72
agreement. Administration of theproject will be as follows,
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(1) A project agreement will bo executed between the District and
the project sponsor. GA
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(2) The liaison agent will submit quarterly reports to the project
manager summarizing the work accomplished since the last report:, problems
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encountered, percentage of project completion and other appropriateinfor.ation.
These reports shall continue throughout the length of the project period
until completion of the project.
(3) The liaison agent may submit periodic reimbursement requests
during the project period. The project manager will approve or disapprove
all reimbursement requests. The final payment of progress funds will be made
upon certified completion of the project by the District.
(4) Upon reasonable request, tha project manager shall have the right
to inspect the project and any and all records relating to the project.
(i) Upon completion of the project, the liaison agent shall provide
the following to the project managers
(a) A Project Completion Certificate, P1f1D Force No. 90-23 (effletive
date September 13, 1990) hereby incorporated by reference and available from
the District office, which certifies that the project was completed in
accordance with the project agreement and the final project plane.
(b) A final reimbursement request accompanied by all required billing
statement• and vouchers.
(c) 'Photograph(s) showing the installation of the sign required by
e. 16T-2.013.
(d) Photograph(s) of the completed project clearly eho,Ing the program
improvements.
(6) The project manager will review the project completion package
and will authoripee or reject the'final reimbursement payment which will include
all retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New
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16T-2.010 PROJECT AGREEMENT.
(1) For each funded project, the District and the project sponsor
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will enter into a project agreement setting forth the mutual obligations
of the parties concerning the project. The project agreement shall incorporate
the applicable policies and procedures of the program as outlined in this
rule.
(2) All proposed changes to the project agreement must lie submitted
to the District in writing by the project sponsor accompanied by a statement
of justification for the proposed changes. Agreed changes shall be evidenced
by a formal amendment to the project agreement.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-tlew
167-2.011 RRINSURSINSNT. The District shall reimburse the project
sponsor for project costs expended on the project in accordance with ilia
project agreement. Project funds to be reimbursed will require the submission
of a Reimbursement Request Form and required supporting documents, PIRG Form
No. 90-24 (effective date September 13, 1990) hereby incorporated by reference
and available from the District office.
(1) All project costs shall be reported to the District and summarised
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 in whole or part, for non-compliance
with the terms of this agreement.
(3) The final reimbursement check shall be presented by a District
representative to the project sponsor during a public commission meeting
or public dedication ceremony for the project facility.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. history -New
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16T-2.012 ACCOUNTABILITY. The following procedures shall govern
the accountability of program funds'
(1) Each project sponsor i• responsible for maintaining an accounting
system which meets Generally accepted accounting principles and for maintaining
such financial, record• am necessary to properly account for all progra'i fund•.
(2)
The project sponsor shall submit quarterly project status report•
to FIND during the project period.
These reports will summarise the work
accomplished since the previous report, problems encountered, percentage
of project completion and any other appropriate information.
(3) All required final completion certification documents and materials
as outlined in s. 16T-2.009(5) of this rule shall be submitted to the District
prior to final reimbursement of program funds.
(4) All project record• including project costs shall be available
for review by the District or by an auditor •elected by the District for
3 years after completion of the project. Any such audit expensea°lncurred
•hall bs borne entirely by the project sponsor.
(5) The project sponsor •hall retain all records supporting project
costs for three year• after either the completion of the project or the final
reimbursement payment, whichever is later, except that should any litigation.
claim, or special audit arise before the expiration of the three year period,
the project sponsor shill 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 this rule and applicable
laws, the project sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New
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16T-2.413 ACKNOWLEOCEHENT. The project sponsor shall erect a perwsnent
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 construction digs, this •ign'shall also recognise the
District's participation. If the final product of the project.is a report,
study or other publication, the District's sponsorship of that publication
•hell be prominently indicated at the beginning of the publication. If the
project results in an educational display, the District's logo and a statement
of the District's participation in the project shall be contained in the
display.
Specific Authority 374.976`2) FS. Law Implemented 374.976(1) FS. History -New
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EXHIBIT B
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
PRIORITIZED PROJECT COST ESTIMATE
September 16, 1991
PROJECT TITLE: ROUND ISLAND PARK
APPLICANT;
Priority Project
Elements
INDIAN RIVER COUNTY
Quantity
(Number and/or
Footage)
Estimated
Cost
Applicants
Cost
FIND
Cost
1. Boat Ramp & Dock
2. Boardwalk
3. Signage
4. Utilities (septic,
potable water, electric)
5. Restroom
6. Paved Access Road/
Parking
7. Landscaping
8. Site Furniture
TOTALS
rdisland.tbt
L.S.
L.F.
L.S.
L.S.
L.S.
L.S.
I.. 8.
$ 18,000
85,000
3,000
34,000
$ 50,000
$ 56,000
6,000
$ 0,000
$ 9,000
$ 42,500
1,500
17,000
$ 25,000
28,000
$ 9,000
42,500
1,500
17,000
$ 25,000
28,000
3,000 $ 3,000
$ 4,000 ' $ 4,000
260,00 $130,000
$130,000
Err.
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•• EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
REIMBURSEMENT REQUEST FORM
PROJECT NAMES GRANTEES
PROJECT NO. s BTI.I.TNO NO. t
RILING PERIODS
MINDS REQUESTEn*
Amount of Grant
Funds Previously Requested
Salam* Available
Funds Requested
Less Retainage (DAX)
Check Amount
Balance Remaining
(Balance; Available minus
check amount)
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SCHEDULE OF EXPENDITURES
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Check No. General Description Total Applicant FIND
Vendor Name and Date & Project Element Cost Cost Cost
(Should correspond to
Cost Estimate Sheet)
Certification for Reimbursements I certify that the shove expenses were c
incurred for the approved project -and that the progress of the project 1.o conetetent '�.
with the amount requested.
q Project Administrator hate
g. Financial Officer Date
FIND - Form No. 90-24
Rev. 9/?5J90
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Exhibit 16
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Sponsors
/LORTDA, INLAND NAVIGATION DISTIL..?
WATERWAYS ASSISTANCE PROGRAM
Project Completion Certification
Project Titles
Project ft
I hereby certify that the above referenced project vas completed In
accordance with the Waterways Assistance Program Project Agreement between
the Florida Inland Navigation District and
dated , 19 . and all funds were expended to
the Project Agreement.
Liaison
Agents
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FIND Form No. 90-23
Rev. 9/15/90
EXHIBIT E
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Dater
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