Contract C84353
-6 e'U e.
G 9�35
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
his Agreement is made and entered into this day
of , 19 ,, by and between the State of Florida,
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and Monroe County, hereinafter called the GRANTEE, in
furtherance of an approved outdoor recreation project. In
consideration of the mutual covenants contained herein and
pursuant to Sections 370.023, 375.021 and 375.075, Florida
Statutes, and Chapter 16D-5, Part V, Florida Administrative Code,
the parties hereto agree as follows:
1. This Agreement shall be performed in accordance
with Sections 370.023, 375.021 and 375.075, Florida Statutes, and
Chapter 16D-5, Part V, Florida Administrative Code, hereinafter
called the RULE. The GRANTEE shall comply with all provisions of
the RULE, which is incorporated into this Agreement by reference,
as if fully set forth herein. Disputes concerning the
interpretation or application of this Agreement shall be resolved
by the DEPARTMENT whose decision shall be final and binding on
the GRANTEE. The DEPARTMENT may cancel this Agreement for
failure by the GRANTEE to perform pursuant to the terms and
conditions of this Agreement. It is the intent of the DEPARTMENT
and the GRANTEE that none of the provisions of Section 163.01,
Page 1 of 10
LI
Florida Statutes, shall have application to this Agreement.
2. The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Bernstein Park
(Florida Recreation Development Assistance Program, Project
Number F94030), hereinafter called the PROJECT, and enters into
this Agreement with the GRANTEE for construction of outdoor
recreation facilities and improvements on real property, the
legal description of which is set forth in Exhibit A, attached.
3. The GRANTEE will construct, or cause to be
constructed, certain outdoor recreation facilities and
improvements in accordance with the following PROJECT elements
which may be modified with good cause by the DEPARTMENT:
fishing pier, basketball court, picnic facilities, bike rack,
signage, parking and other related support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $100,000.00, which will pay
the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $ 100,000.00 75%
GRANTEE Match $ 33,333.00 25%
Type of Match Cash and/or In -kind Services
The PROJECT reimbursement request shall include all documentation
required by the DEPARTMENT for a proper pre -audit and post -audit
review. The Contract Manager shall, within sixty (60) days after
Page 2 of 10
receipt of a payment request, review the work accomplished to
date on the GRANT and, if in order, approve the request for
payment. The DEPARTMENT shall retain 10% of the entire
DEPARTMENT amount until completion of the PROJECT.
5. Prior to commencement of project construction, the
GRANTEE shall submit for DEPARTMENT approval the documentation
described in the Florida Recreation Development Assistance
Program Development Project Commencement Documentation Form, DEP
Form 42-005.
6. The GRANTEE shall comply with the DEPARTMENT'S
Grant and Contract Accountability Policy, Chapter 16A-11, Florida
Administrative Code, hereinafter called the POLICY, and
incorporated into this Agreement by reference as if fully set
forth herein. The GRANTEE shall ensure that all purchases of
goods and services for accomplishment of the PROJECT shall be
secured in accordance with the GRANTEE'S adopted procurement
procedures. Expenses representing the PROJECT costs, including
required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
POLICY. The POLICY establishes uniform guidelines and procedures
to be utilized by the DEPARTMENT and the GRANTEE in accounting
for grant funds disbursed under the PROJECT and sets forth
principles for determining eligible costs, supporting
documentation and minimum reporting requirements. The GRANTEE
shall retain all records supporting PROJECT costs for three (3)
years after the fiscal year in which the final PROJECT payment
Page 3 of 10
was released by the DEPARTMENT or until final resolution of
matters resulting from any litigation, claim or audit that
started prior to the expiration of the three-year retention
period. The DEPARTMENT, Auditor General, State Comptroller and
other relevant parties shall have the right to inspect and audit
the GRANTEE'S records for said PROJECT.
7. Program funds may be reimbursed for eligible costs
incurred prior to execution of this Agreement if the GRANTEE has
been granted a Waiver of Retroactivity and all applicable
requirements have been satisfied.
8. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of funds by the
DEPARTMENT for any obligation or expenditure made prior to the
execution of this Agreement with the exception of $2,025.10,
for: planning and design costs.
9. This Agreement shall become effective upon
execution and the Grantee shall complete construction of all
PROJECT elements on or before April 1, 1996. All PROJECT close-
out documentation shall be submitted to the DEPARTMENT prior to
release of Program funds pursuant to the requirements of the
RULE.
10. Mary Ann Lee, Community Assistance Consultant, or
successor, is hereby designated the DEPARTMENT'S Contract Manager
for the purpose of this Agreement and shall be responsible for
ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The
Page 4 of 10
GRANTEE'S Liaison Agent, as identified in the project
application, shall act on behalf of the GRANTEE relative to the
provisions of the Agreement. The GRANTEE'S Liaison Agent shall
submit to the DEPARTMENT signed PROJECT status reports every
ninety (90) days summarizing the work accomplished, problems
encountered, percentage of completion and other appropriate
information. Photographs shall be submitted when appropriate to
reflect the construction work accomplished.
11. All monies expended by the GRANTEE for the purpose
contained herein shall be subject to preaudit review and approval
by the Comptroller of Florida in accordance with Section 17.03,
Florida Statutes.
12. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limitations set forth in Section 768.28, Florida Statutes.
13. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any time.
14. This Agreement may be unilaterally cancelled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all documents, papers, letters or other materials made
or received in conjunction with the Agreement pursuant to the
provisions of Chapter 119, Florida Statutes.
15. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
Page 5 of 10
GRANTEE with said Agreement, the GRANTEE will be allowed a
maximum of sixty (60) days to submit additional pertinent
documentation to offset the amount identified as being
due the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
16. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
GRANTEE for non-compliance with the terms of the Agreement, and
the GRANTEE upon notification from the DEPARTMENT, agrees to
refund, and will forthwith pay, the amount of money demanded --
which payment shall be made directly to the DEPARTMENT. Such
refund shall include interest calculated at two (2) percent over
the prevailing prime rate as reported by the Federal Reserve.
17. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
18. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes.
19. Allowable indirect costs shall not exceed 15% of
the GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15% must be approved in advance by the DEPARTMENT to be
considered eligible PROJECT expenses.
20. Asphalt paving for the PROJECT shall conform to the
Florida Department of Transportation's specifications for road
and bridge construction. Bid specifications, contracts and/or
Page 6 of 10
purchase orders of the GRANTEE must specify thickness of asphalt
and square yards to be paved.
21. Prior to final reimbursement, the GRANTEE must
erect a permanent information sign on the project site which
credits the Florida Department of Environmental Protection and
the Florida Recreation Development Assistance Program.
22. Land owned by the GRANTEE, which is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site for the use and benefit of the public.
The dedication must be recorded in the public property records by
the GRANTEE. The GRANTEE shall ensure that the project, if on
GRANTEE -owned land and purchased or developed with FRDAP funds,
shall be managed for outdoor recreation purposes for a minimum
period of twenty-five (25) years from the completion date set
forth in the project completion certificate. Land under control
other than by ownership of the GRANTEE (e.g., lease, permit,
management agreement or other similar instrument, etc.) and
developed with program funds shall be managed as an outdoor
recreation area for the public for a minimum period of twenty-
five (25) years from the completion date set forth in the project
completion certificate. This project shall be open at reasonable
times and shall be managed in a safe and attractive manner
appropriate for public use. Should GRANTEE convert all or part
of the project site to other than DEPARTMENT staff approved
recreational uses, the GRANTEE shall replace the area,
facilities, resource and site at its own expense with a project
Page 7 of 10
of comparable scope and quality acceptable to the DEPARTMENT.
23. No person on the grounds of race, creed, color,
national origin, age, sex, or disability, shall be excluded from
participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination} in performance of this
Agreement.
24. This Agreement strictly prohibits the expenditure
of FRDAP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
25. Any local governmental entity, nonprofit
organization, or for -profit organization that is awarded funds
from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida Statutes,
(b) If the amounts received exceed $25,000, but do not
exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to Section
11.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that the
receiving entity or organization has complied with the provisions
of the grant; or
(c) If the amounts received do not exceed $25,000, have the
head of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with the
provisions of the grant.
Page 8 of 10
26. In addition, a copy of the product as required in
paragraph 25, shall be submitted to the DEPARTMENT within one (1)
year from the project completion date as set forth in the project
completion certificate.
27. This Agreement represents the entire agreement of
the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing duly signed by each of the
parties hereto, and attached to the original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
STATE OF FLORIDA DEPARTMENT BOARD OF
OF ENVIRONMENTAL PROTECTION OF MONROE
IL
G�
By: By:
]AI lla, Director
ivis nn of creation and Parks
Address:
Bureau of Local Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
DEP gont�art M ager
�A-
DEP Contract Administrator
Approved as to
Form and Legality:
�n.�.. WIN
-.. -ittornj
COMMISSIONERS
or des
Title: Mayor/Chairman
Address:
2798 Overseas Highway
Marathon, Florida 33050
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By Jei -
Deputy CldFrk
DATE: �,� I �'(�
y 1
l
i
Grantee Attorney
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that person
to sign the contract on behalf of the county must accompany the
contract.
DEP 42-058
Revised 02-22-94
Page 10 of 10
b� 4 kEC i L �1 .i r,;. 1a 1
9xxIBIT "A"
Lots 1, 2, 3, 4 and 5, Block 57, "George L. McDonalds
Plat of Part of Stock Island", less the Westerly eight
feet (8' ) of Lot 1 and less the Easterly thirty feet (30)
of Lot 5, according to the plat thereof as recorded in
Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida.
ALSO
A parcel of submerged land lying South of said Block 57,
more particularly described as follows; Commencing at
the Northwest corner of Lot 1, Block 57, Maloney's Plat
of Stock Island, according to the plat thereof, as
recorded in Public Records of Monroe County, Florida, in
Plat Book 1, Page 558 run South along the Easterly right
of way line of Fifth Street according to the
aforementioned plat a distance of 200 feet, more or less
to the shoreline; thence meander the shoreline in an
Easterly direction 8 feet, more or less, to the Point of
Beginning, said Point of Beginning being 8.00 feet
Easterly of as measured at right angles to the Easterly
Right of Way line of Fifth Street, according to. the
aforementioned record plat, if extended Southerly; thence
run South along a line 8.00 feet distance from and
parallel to the Easterly Right of Way line of Fifth
Street, if extended, for a distance of 1160 feet more or
less to a point; thence deflection 90 degrees to the left
run 310.27 feet; thence deflection 83 degrees 56' to the
left run Northeasterly along the Southwesterly extension
of the Easterly line of Lot 5, Block 57 of the
aforementioned plat of a distance of 1060 feet, more or
less to the shoreline; thence meander the shoreline in
a Westerly direction for a distance of 480 feet, more or
less, back to the Point of Beginning less that portion
sold to Stock island Utility Company by Warranty Deed
recorded in Official Records Book 866, Pages 2446-2450,
of the Public Records of Monroe County, Florida.
ti
Planning Department
RESOLUTION NO. 209-1994
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COMMISSIONERS AUTHORIZING THE EXECUTION
OF THE FLORIDA RECREATION DEVELOPMENT
ASSISTANCE GRANT FOR THE DEVELOPMENT OF
BERNS'iEIN PARK ON STOCK ISLAND
WHEREAS, Resolution No. 362-1993 executed by the Board of
Commissioners on September 28, 1993, authorized the submission of
a Florida Recreation Development Assistance grant application to
the Department of Environmental Protection, and
WHEREAS, Monroe County has received notification from the
Department of Environmental Protection that the development of
Monroe County's outdoor recreation project has been approved, and
WHEREAS, $100,000.00 is available for this purpose with a 25%
Monroe County match for the development, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that the Mayor of the Board is hereby
authorized to execute the Project Agreement by and between the
Florida Department of Environmental Protection and Monroe County,
concerning a grant award in the amount of $100,000 for the devel-
opment of Bernstein Park, a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of July, A.D., 1994.
Mayor London
Mayor Pro Tem Cheal
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
W1
(SEAL)
ATTEST: DANNY L . KOL_H_A_.GE.,' CLERK
BY:� C•,
DEPUTY CLE K
Resolution #
yes
yes
ves
yes
yes_
OF COUNTY COMMISSIONERS
MAYOR/CHAIRMAN
. , "Anrc . 1,: w. ,ws.•,.e i
GRANT & CONTRACT ACCOUNTABILITY POLICY
CHAPTER 16A-11
GRANT AND CONTRACT
ACCOUNTABILITY POLICY
16A-11.001
Purpose and Applicability
16A-11.002
Definitions
16A-11.003
Individual Program Supplement
16A-11.004
Disbursement of Funds
16A-11.005
Contract Negotiation
16A-11.006
Contract Classification
16A-11.007
Eligible Costs, Supporting Documentation and
Billing Guidelines
16A-11.008
Services Provided by Affiliated Agencies
16A-11.009
Progress Reports
16A-11.010
Record Retention and Audits
16A-11.011
Forms
16A-11.001 Purpose and Applicability
The "Grant and Contract Accountability Policy" establishes
uniform guidelines and procedures to be utilized in accounting for
grant and contract funds disbursed by the Department of Natural
Resources. This policy sets forth principles for determining
eligible costs of programs, supporting documentation and minimum
reporting requirements. This policy shall apply to all
individuals, firms, and governmental agencies who are receiving
funds through established grant programs, or performing contractual
services for the Department, except that this policy shall not
apply in the non -mandatory land reclamation program administered
under the provisions of Chapter 378, F.S., or to the acquisitions
of land as provided for in Section 253.025, F.S. This policy shall
also apply to the federally funded grant programs administered by
the Department except that the provisions of this policy shall not
authorize the payment of any costs prohibited by Federal laws or
--egulations relative to such grant programs or that conflict with
other federal contractual requirements.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.002 Definitions
(1) Affiliated Agencies or Companies: Subunits or divisions
of the same governmental agency; private entities effectively
controlled by another or associated with others under common
ownership or control.
6
(2) Agreement (Contract): A written contract executed by the
Department and grantee or contractor setting forth in detail the
mutual obligations of both parties. Department personnel may
execute such agreements in accordance with the approved delegation
of authority in effect at the date of execution. "Agreement" and
"Contract" are synonymous terms for the purpose of this Rule.
(3) Agreement Costs: All necessary and reasonable costs
incurred by a grantee or contractor in'accomplishing the objectives
of a project or service during the agreement period.
(4) Agreement Period: The specified period of time during
which all contracted work must be accomplished.
(5) Amendment: A formalized modification of an existing
agreement. Such amendments shall be executed by both the
Department and grantee or contractor. Department personnel may
execute amendments in accordance with the approved delegation of
authority in effect at the date of such amendment.
(6) Contractor: Any agency, institution, individual or firm,
who is an independent contractor, providing a contractual service
to the Department.
(7) Contractual Service (Services): The rendering by a
contractor of its time, effort, and expertise rather than the
furnishing of specific commodities. Contractual services shall
include but are not limited to evaluations, consultations,
maintenance, research and development studies, professional,
3
technical, and social services, and shall apply only to those
services rendered by agencies, institutions, individuals or firms
who are independent contractors.
(8) Date of Completion: The date when all work is completed
(to include submission of a final report, if required) or the date
specified in the agreement, or any amendment thereto, whichever
occurs first.
(9) Department: The Department'of Natural Resources.
(10) Direct Costs: Costs that can be specifically identified
as being incurred for the accomplishment of a particular project or
service.
(11) Disallowed Costs: Reported costs which are subsequently
disallowed by the Department due to noncompliance with Federal or
State laws, rules, regulations, or the agreement.
(12) Donated Materials, Property and Services: Materials,
property, or services contributed or provided from others at no
cost to the grantee or contractor.
(13) Eligible Costs: Costs identified by Federal or State
laws, rules or the agreement as being reimbursable with Federal or
State funds.
(14) Grantee: Any state agency, county, city, university,
special district, or other governmental agency, as well as private
entities or persons receiving grant funds from the Department.
(15) Grant: An award of financial assistance by the
Department to a grantee for the accomplishment of a specific
project as set forth in a grant agreement between the parties.
4
(16) Indirect Costs: Costs incurred for common or joint
purposes that cannot be readily identified as being incurred solely
for the accomplishment of a particular project or service.
(17) In -kind Services: A grantee's utilization of in-house
resources (labor, equipment, or materials) to accomplish a specific
grant project. Donated materials, property, or services are not
included within the definition of in -kind services.
(18) Plans and Specifications: Detailed working drawings and
technical specifications necessary to describe the scope of a
project and provide a firm basis for competitive bidding and
contractual obligations.
(19) Professional or Technical Services: Services requiring
specialized skills or knowledge. This shall include but not be
limited to the following types of services: legal, engineering,
architectural, surveying, research and consulting.
(20) Project Administrator: The official designated by the
grantee to serve as a liaison agent in routine matters and provide
direct project supervision and administration. The appropriate
Bureau Chief or other designated person shall serve as the
Department's project administrator, also known as contract manager.
(21) Project Engineer: A professional engineer registered in
the State of Florida pursuant to Chapter 471, Florida Statutes.
(22) Project Financial Officer: The official who is primarily
responsible for maintaining the financial and accounting records of
the grantee or contractor.
5
(23) Termination: The cancellation of an agreement by either
the Department or grantee/contractor at any time prior to the date
of completion with written notification, or by the Department for
reasons of noncompliance with Federal or State laws, rules,
regulations, or the agreement.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.003 Individual Program Supplement
This rule has been established as general policy for the
administration, control, and standardization of the various grants
and contracts of the Department. Specific requirements of
individual grant programs shall be established in separate rules
and be made available to grantees. Should any provision of this
rule authorize the payment of any costs specifically prohibited by
Federal or State laws and rules governing a particular grant
program administered by this Department, then such provision shall
be null and void with the remainder of this rule continuing in
effect.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.004 Disbursement of Funds
Grant and contract funds shall be disbursed by the Department
in accordance with good cash management principles. Grant and
contract funds may be disbursed on a reimbursement, percentage of
completion, unit of production, project installation or other
equitable method, including the advancement of funds when warranted
6
i
and provided for by law. The Department shall retain a specified
percentage (10% minimum) of its obligation when in order to insure
compliance with agreement terms and conditions. Retained funds
will be released upon satisfactory completion of said terms and
conditions. Disbursement terms shall be negotiated prior to
execution of the agreement and be clearly identified in the
agreement between the Department and grantee or contractor.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.005 Contract Negotiation
(1) All contracts between .the Department and grantee or
contractor shall be negotiated in accordance with the applicable
provisions of Florida Statutes and related Rules of the Florida
Administrative Code in effect at the time such grants or purchases
are made. This may require informal or formal competitive bidding,
competitive negotiation, advertising, or authorization for
emergency or single source contracts.
(2) If a grantee/contractor is a governmental agency, all
purchases of goods and services for the accomplishment of a
project or service shall be negotiated in accordance with laws and
rules applicable to the grantee/contractor, except that, should
specific grant program rules promulgated by the Department have
different requirements then the provisions of said program rules
shall apply. The selection and awarding of subcontracts by
7
grantees/contractors are subject to the approval of the Department
when considered in the public interest and specified in the
agreement.
(3) If Federal monies are being used to fund a project with
another governmental unit then the agreement between the Department
and the grantee/contractor shall contain the following provision:
If the grantee/contractor is subject to the provisions of the
Office of Management and Budget (OMB) Circular # A-128, then the
grantee/contractor shall furnish a copy of the independent
financial and compliance audit (required by A-128) to the
Department within 30 days after furnishing the original audit to
the Office of Management and Budget.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.006 Contract Classification
One of the following types of agreements shall be executed
whenever it is in the best interest of the State.
(1) Fixed Contract - The grantee or contractor is paid a
fixed dollar amount or lump sum for accomplishing the project or
perfor,ing the service or activity required by the Department.
(2) Hourly Contract - The grantee or contractor is paid a
fixed dollar amount per hour worked in accomplishing the project or
performing a service or activity required by the Department.
8
(3) Actual Cost Contract - The grantee or contractor is paid
cr reimbursed for eligible costs (or a specified portion) incurred
in accomplishing the project or performing the service or activity
required by the Department.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.007 Eligible Costs, Supporting Documentation and Billing
Guidelines
The type of agreement (16A-11.006) executed between the
Department and grantee or contractor establishes the eligible
costs, supporting documentation, and billing requirements for each
particular grant or contract. In addition to the billing
requirements contained in this Section, grantees or contractors,
upon request of the Auditor General and Comptroller of the State of
Florida, pursuant to their statutory authority, or the Department,
shell supply documentation (e.g. payrolls, paid invoices, canceled
checks, indirect cost calculations) to support their billings.
Costs connected with the solicitation or receipt of a grant or
contract shall be the responsibility of the grantee/contractor and
not eligible for reimbursement.
(1) Fixed Contract
(a) Eligible Costs - The grantee or contractor is paid a fixed
dollar amount or lump sum which is negotiated in advance for
performing a service or accomplishing a specific project.
7
Therefore, specific identification of eligible costs is not
applicable to these contracts as the grantee or contractor shall be
paid the specified amount upon satisfactory completion of the
project or services.
(b) Supporting Documentation - Satisfactory evidence of
project/service completion, or a portion thereof in the case of
progress payments, as required by the agreement with acceptance and
approval by the Department shall be the only supporting
documentation necessary for fixed contracts. A certification of
completion by a registered architect, engineer (when required by
statute), or by both the grantee's/contractor's and Department's
project administrator shall be required prior to the final
disbursement of funds.
(c) Billing - The grantee or contractor shall submit billing
request forms as may be required by Federal or State laws and
regulations governing payment of such funds. In the absence of
specified forms, the grantee/contractor shall submit an invoice or
invoices to the Department specifying the work accomplished or
performed for the payment requested. Such invoices shall contain
a certification by the grantee's/contractor's project administrator
that all work required by the agreement for such payment has been
satisfactorily completed. Progress payments shall be made, if
provided for in the agreement, upon approval of the Department's
project administrator. The grantee's/contractor's invoice for
final payment shall be clearly identified as such and require
approval by the Department's project administrator.
10
_ (d) Record Retention - When specified in the agreement the
grantee/contractor shall retain all documentation necessary to
support compliance with terms and conditions of the agreement.
(2) Hourly Contract
(a) Eligible Costs - The grantee or contractor is paid a fixed
dollar amount (negotiated in advance) per hour worked in performing
a service or accomplishing a specific project. Different hourly
rates may be established for various levels of personnel to be
assigned to a project or service. These contracts may be
negotiated on an "All Inclusive Rate" or an "Hourly Rate Plus
Specified Expenses" (such as travel costs). Only those hourly
rates and specified expenses contained in the agreement shall be
considered eligible costs.
(b) Supporting Documentation
1. Hours of Work - The grantee or contractor shall maintain
individual time records, project/service activity reports, or other
tvpes of operational costs reports to document the hours that
grantee or contractor personnel worked on the project or in
providing the services. These records must be signed at a minimum
by the project foreman and approved by the project administrator.
These records must relate the actual dates and hours worked to
general categories of work performed.
2. Specified Expenses - The grantee or contractor must
maintain appropriate supporting documentation as required for the
specific expense categories identified in Actual Cost Contracts,
Section 16A-11.007(3)(b) of this rule.
11
(c) Billing - The grantee or contractor shall submit billing
request forms as may be required by Federal or State laws and
regulations governing such funds. in the absence of such specified
billing forms, the grantee/contractor shall submit the Hourly
Contract Payment Request, DNR Form 15-030(16), for all billings
under Hourly Contracts. This payment request shall be accompanied
by Hourly Contract Labor and Travel Schedule, DNR Form 15-031(16),
and other schedules as required for specified expenses. A
certification of completion by a registered architect, engineer
(when required by statute), or by both the grantee's/contractor's
and Department's project administrators shall be required prior to
the final disbursement of funds. Progress payments shall be made
upon approval of the Department's project administrator, if
provided for in the agreement. Final requests for payment shall be
identified as such and require approval by the Department's project
administrator.
(3) Actual Cost Contract
(a) Eligible Costs - To be eligible for reimbursement under a
particular grant or service contract, costs must be necessary and
reasonable for the effective and efficient accomplishment of such
project or service and be directly allocable thereto pursuant to
Federal or State laws, rules, and regulations. Cost must be
incurred and work performed within the agreement period with the
exception of preagreement costs allowed by law and specifically
identified within the agreement. Costs cannot be allocable to or
included as a cost of any other Federal or State financed program
12
unless clew-rly specified in the agreement. Costs must be net of
all applicable credits such as purchase discounts, allowances,
sales of scrap, and income from incidental services. The following
paragraphs identify eligible and ineligible costs for reimbursement
under actual cost contracts subject to any limitations of Federal
or State law.
1. Contractual Services
a. Eligible - Costs of work performed by private or
independent contractors that are directly related to the
accomplishment of the project or service.
b. Ineligible - Costs for work performed by private or
independent contractors pursuant to cost plus or contingency fee
contracts.
2. Salaries and Wages
a. Eligible - Salaries and wages of employees for the
performance of work directly related to the accomplishment of the
project or service. Hourly wage rates shall be calculated by
dividing the employee's regular gross annual salary for pay
purposes by 2,080 gross annual work hours. Overtime charges for
such employees shall be eligible costs provided they are necessary
and approved by the grantee's/contractor's project administrator.
Overtime charges, when provided for in the agreement, shall be
computed in accordance with the grantee's/contractor's normal
policy for payment of overtime to employees.
13
b. Ineligible - Salaries and wages of employees responsible
for administration and general activities who do not perform work
directly related to the accomplishment of the project or services.
Salaries and wages of employees applicable to vacation, sick leave,
or holidays. Salaries and wages of employees performing routine
daily servicing of equipment including general maintenance and
repair work except incidental repairs in field operations.
3. Employee Benefits
a. Eligible - A percentage of eligible salaries and wages of
grantee or contractor employees shall be allowed as a reasonable
reimbursement for benefits. The allowable percentage shall be
calculated based on one of the following methods with the method,
and the rate if a fixed percentage, stated in the agreement.
I. A maximum of 15% of eligible salaries and wages of
employees who accrue annual, sick and holiday leave from
the grantee/contractor; plus a maximum of 25% of eligible
salaries and wages of employees who receive other
benefits (such as FICA retirement, health, and life
insurance, and workers compensation) from the
grantee/contractor; or
II. The actual cost percentage incurred by the
grantee/contractor for employee benefits, if greater than
the maximum of 40% as in 3.a. (I) above, provided that the
actual cost percentage can be documented by the
grantee/contractor.
14
b. Ineligible - Employee benefits in excess of the rates as
established by the above methods.
4. Material and Supplies
a. Eligible - All costs of materials and supplies consumed or
expended in accomplishing the project or providing the service
including direct purchases as well as withdrawals from
grantee's/contractor's stock.
b. Ineligible - costs of small tools (e.g. shovels, saws,
hammers, drills) and clothing or uniforms worn by employees except
that clothing worn for safety purposes is eligible. Operating
expendables or replacement parts purchased for grantee/contractor
owned equipment used on the project or in providing the service.
5. Equipment
a. Eligible - All reasonable costs for equipment which is
required to be used or to be kept available at the site for the
accomplishment of the project or service.
I. The actual cost incurred or the rental of equipment by
the grantee/contractor from independent sources for the
time such equipment is used or required to be available
to accomplish the project or service.
II. Rental rates as established hereinafter for the use of
grantee/contractor owned equipment provided the use of
each piece of equipment and applicable rental rate are
agreed upon in writing by both the Department's and
grantee's or contractor's project administrators prior to
commencement of the project or rendering of services.
15
1
The Department will establish a rental rate schedule for
commonly used equipment. The schedule will be reviewed
annually and adjusted for inflation and other cost
factors. If the schedule does not provide a rental rate
for a piece of equipment, then the rental rate shall be
established at the prevailing rental rate being paid for
such equipment in the area where the project is located
or the service is provided. The rental rate shall
include all allowances for operating costs (fuels,
lubricants, repairs and servicing) including insurance
and depreciation. Other rental rates may be used when in
the public interest and approved in writing by the
Executive Director of the Department.
III. The purchase of equipment when required for the
accomplishment of the project or service and when
specified in the agreement. All purchased equipment
shall be the property of the Department and shall be
transferred to the Department when the equipment is no
longer needed for the project, or service or when the
project or service is completed, or upon termination of
the agreement, whichever is earlier, except ownership of
property purchased with grant funds shall vest with the
grantee when provided for in the appropriation funding
the grant project or when requested by another
governmental unit that provides the funds for the grant
project.
16
b. Ineligible - Costs of repairs or servicing of
grantee/contractor owned equipment. Rental charges subsequent to
completion of the need for a piece of equipment for the project or
service. Equipment purchases not authorized in the agreement.
6. Travel and Per Diem
a. Eligible - Travel and per diem expenses directly related to
the accomplishment of the project or performance of specified
services by grantee/contractor employees. Travel and per diem
shall be reimbursed in accordance with Section 112.061, Florida
Statues.
b. Ineligible - Travel and per diem expenses of
grantee/contractor employees incurred in efforts to obtain grant
and contract funds. Travel and per diem expenses of
grantee/contractor employees for attendance at professional or
scientific seminars, conferences, or conventions unless
specifically approved by the Department as being necessary to
fulfill contract requirements.
7. Donated Services, Materials, Supplies, Equipment, or
Property
a. Eligible - If not prohibited by the individual grant
program and if provided for in the project agreement, the value of
donated real property may be used as all or part of a grantee's
matching obligation for grant funded projects. Real property value
shall be determined by the rules of the applicable grant program
or, in the absence of such rules, by a certified appraisal report
as defined in Section 475.611(1)(c), F.S.
17
b. Ineligible - Values assigned to any donated property,
materials or services used in accomplishing the project except for
real property as noted above.
8. Indirect Costs
a. Eligible - A percentage of eligible costs in the following
categories, however, the approved indirect costs rate shall be
sated in the agreement between the parties.
I. STATE OF FLORIDA AGENCIES (including the State University
System and State College System) - an amount not to
exceed five percent (5%) of the total direct costs of the
project or services.
II. FEDERAL GOVERNMENT AGENCIES AND PRIVATE BUSINESS - a rate
to be established through contract negotiation provisions
as set forth in Rule 16A-11.005(1).
III. OTHER GOVERNMENTAL AGENCIES - An amount not to exceed
fifteen percent (15%) of eligible salaries and wages of
agency employees (not to include employee benefits). The
Executive Director of the Department is authorized to
approve a greater rate when an agency documents the need
for such rate using generally accepted accounting
standards, or when a greater rate is required for the
administration of federal funds, except that no rate
shall exceed that established by law.
b. Ineligible - Indirect costs in' excess of the rates
established by statute or this Rule.
18
(b) Supporting Documentation
1. Contractual Services - Services provided for a grantee or
contractor by private or independent contractors shall be evidenced
by a formal agreement or contract executed by all appropriate
parties specifying the exact terms and conditions. Competitive bid
specifications and actual bids received shall be maintained by the
grantee/contractor.
2. Salaries and Wages - Payroll registers or journals,
payroll warrants, and other financial source documents shall be
maintained to substantiate the rates of pay and actual payments to
grantee/contractor employees. Hours of work reported for
grantee/contractor employees shall be supported by individual time
records, project activity reports, or other operational cost
records signed at a minimum by the immediate field supervisor
(foreman) and approved by the grantee's/contractor's project
administrator. These records shall reflect the general categories
of work performed (e.g. spraying hyacinths -Lake Louise or
constructing picnic tables - Lake Louise Park).
3. Employee Benefits - Calculations and supporting
documentation used to determine the actual cost percentages
incurred by the grantee or contractor for employee benefits shall
be maintained by the grantee/contractor. However, if the
percentages used do not exceed the maximum set forth in 16A-
11.007(3)(a)3.a.(I), no specific supporting documentation need be
19
maintained unless stipulated as a specific contract condition. The
approved rate and supporting documentation requirements must be
stated in the agreement.
4. Materials and Supplies
a. Direct Purchases - Vendor invoices shall be maintained
that include a description of the items and quantity purchased,
unit cost and total cost, less applicable discounts. Invoices
shall also contain the delivery date and signature of an employee
assigr)e o work on the project/service along with a description of
the general use for such materials or supplies. Purchase orders,
requisitions and competitive bid documentation as applicable shall
be maintained for such purchases. Canceled warrants shall be
maintained as evidence of payment for such purchases.
b. Grantee Stock - Materials or supplies taken from
grantee's/contractor's stock or inventory shall be supported by
material requisitions or other job order project cost records
signed by the storekeeper and employee assigned to work on the
project or provide the services. These source documents shall
describe items in detail and identify the general use of such
materials in the project or services. Appropriate records (e.g.
vendor invoices, canceled checks) shall be maintained to support
unit costs of the materials based upon the grantee's/contractor's
inventory valuation. An inventory system with procedures and
records in accordance with generally accepted
We
accounting principles shall be maintained by the
grantee/contractor. No warehouse or overhead charges added by the
grantee/contractor shall be allowed.
5. Equipment - Equipment usage logs, project activity
reports, or other operational cost reports shall be maintained to
reflect the daily use of each piece of equipment. These records
shall reflect the general work performed and the name of the
equipment operator as well as the actual dates and hours of use.
These records shall be signed at a minimum by the immediate field
supervisor (foreman) and approved by the project administrator.
Invoices and other documentation such as canceled checks and
purchase orders shall be maintained to support charges for rental
costs of equipment obtained from independent sources.
6. Travel and Per Diem - Travel and per diem costs must be
supported by a completed State of Florida Voucher for Reimbursement
of Travel Expenses, Form DBF-AA-15 or Form DNR 14-112, with
appropriate receipts as required. The travel voucher must identify
in detail the specific purpose of such travel and such travel must
comply with the provisions of by section 112.061, F.S..
7. Donated Real Property - Appraisals or other documentation
as required by the Department shall be maintained and submitted for
review to substantiate values established for donated real
property.
S. Indirect Cost - No specific supporting documentation need
be supplied for an approved indirect cost rate unless specified in
the agreement.
21
(c) Billing - The grantee or contractor shall submit billing
request forms as may be required by rules promulgated under the
Florida Administrative Code governing such grant/contract funds.
In the absence of such specified billing forms, the grantee or
contractor shall submit the Actual Cost Contract Payment Request,
DNR Form 15-032(16), to the Department for reimbursement of grant
or contract costs. This payment request shall be accompanied by
the schedules specified below for those costs that are to be
reimbursed by the Department, except that nongovernmental
grantees/contractors shall supply documentation (e.g., payrolls,
paid invoices, canceled checks) to support their billings.
Progress payments, if provided for in the agreement, shall be made
upon the approval of the Department's project administrator. Final
requests for payment shall be identified as such and require
approval by the Department's project administrator. A
certification of completion by a registered architect, engineer
(when required by statute), or by both the grantee's/contractor's
and Department's project administrators shall be required prior to
the final disbursement of funds.
Contractual Services - The Contractual Services Purchases
Schedule, DNR Form 15-037 (16) , shall accompany payment requests for
reimburs-ement of contractual services. The contractor's name,
check, or voucher number, contract invoice number, a general
description of the services provided, and related project element
shall be reported to the Department.
22
Salaries and Wages - The Labor and Travel Cost Schedule,
DNR Form 15-033(16), shall accompany payment requests for
reimbursement of salaries and wages of grantee/contractor employee.
The following information shall be reported:
a. Last name of employee, initial, and social security
number;
b. Job classification and description of work performed;
C. Project hours this billing;
d. Rate of pay;
e. Labor cost this billing;
f. Travel per diem costs, if applicable.
3. Employee Benefits - Employee benefits shall be reported
as a line item on payment requests.
4. Materials and Supplies
a. Direct Purchases - The Direct Material Purchases Schedule,
DNR Form 15-034(16), shall accompany payment requests for
reimbursement of direct material purchases. The vendor's name,
check or voucher number, vendor invoice number, cost, a general
description of items purchased and related project element shall be
reported to the Department.
b. Grantee/Contractor Stock - The Stock Material Cost
Schedule, DNR Form 15-035(16), shall accompany payment requests for
reimbursement of materials utilized from grantee's/contractor's
stock or inventories. The material requisition date and number,
general description of materials used, and applicable costs shall
be reported to the Department.
23
5. Equipment - The Equipment Cost Schedule, DNR Form 15-
036(16), shall accompany payment requests for reimburse: --ant of
equipment rental costs or for utilization of grantee/contractor
owned equipment. The type of equipment and general use shall be
reported to the Department along with DNR rates or rental costs,
actual operating hours and operating allowances.
6. Travel and Per Diem - The Labor and Travel Cost Schedule,
DNR Form 15-033(16), shall accompany payment requests for
reimbursement of travel costs.
7. Donated Real Property - Values established for donated
real property shall be reported on the payment requests only if
provided for in the grant funded agreement. The grantee shall
submit such documentation as required by the Department to
substantiate the values established for such property.
8. Indirect Costs - Indirect costs shall be calculated at the
aaproved rate and shall be reported as a line item on payment
.'ec-uests.
(4) Alternate Billing Procedures
(a) The Department's project administrator may approve the use
cf other billing forms in lieu of the specified Department forms,
^=ovided such alternate forms contain the same detailed information
as required above in Rule 16A-11.007(1), (2), and (3). The use of
such alternate forms must be approved in writing.
(b) State agencies that use the State Automated Management
hccounting System (SAMAS) may' provide detail reports from SAMAS in
lieu of the specified forms.
24
(c) A grantee may request advance written approval of the
Department's project administrator to engage independent Certified
Public Accountants to provide a post audit and compilation of grant
project costs presented in the same general cost categories as
contained on the Actual Cost Contract Payment Request, D:IR Form 15-
032(16). Such statements shall be accepted in lieu of the other
specified Department forms required above for actual cost
contracts, Rule 16A-11.007(3), only if payment requests are
withheld by the grantee until completion of the grant project and
submitted with the CPA's report. The additional costs incurred by
the grantee for this alternate billing method shall not be eligible
for reimbursement but shall be compensated through the allowance
for indirect costs.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.008 Services Provided by Affiliated Agencies
If the grantee/contractor obtains services or purchases
materials from affiliated agencies or companies, such costs shall
be supported and billed in the same manner as required for the
grantee/contractor in Rule 16A-11.006.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.009 Progress Reports
The grantee/contractor shall submit detailed progress reports
With each payment request or at minimum intervals of 90 days if
payment requests are not made by the grantee/contractor within such
25
specified time period. (This is applicable to those
projects/services which, due to their nature, require progress
reports and such reports are stipulated in the agreement.) The
progress reports shall summarize the work accomplished, problems
encountered, percentage of completion and other appropriate
information. Photographs should be submitted when appropriate to
further reflect actual work accomplished. The progress reports
must be signed by the grantee's/contractor's project administrator.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.010 Record Retention and Audits
(1) For all contracts other than fixed price the
grantees/contractor shall retain all original records in support of
project/service costs included in the payment requests for three
fiscal years (grantee's/contractor's) after the fiscal year in
w:^.ich final payment was made by the Department to the
grantee/contractor, except that such records shall be retained
until resolution of matters resulting from any litigation, claim or
audit that started prior to the expiration of the three-year
retention period.
(2) ;al records of the grantee/contractor in support of the
project/service costs included in payment requests shall be subject
to review by the Department, the Auditor General, State
comptroller, federal auditors or others who may be authorized to
audit the records of the Department which involve the
26
grantee/contractor. Records of the grantee/contractor shall be
:jade available at a time and place specified by the reviewer.
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
16A-11.011 Forms
The following forms which are incorporated by reference, may
be obtained from the Department's Division of Administration by
request to the Department's project administrator.
Form
15-030(16)
Hourly Contract
Payment Request
(Effective
)
Form
15-031(16)
Hourly Contract
Labor and Travel Schedule
(Effective
)
Form
15-032(16)
Actual Cost
Contract Payment Request
(Effective
)
Form
15-033(16)
Labor and Travel
Cost Schedule (Effective
Form
15-034(16)
Direct Material
Purchases Schedule
(Effective
)
Form
15-035(16)
Stock Material Cost Schedule (Effective
Form 15-036(16) Equipment Cost Schedule
(Effective )
Form 15-037(16) Contractual Services Purchases Schedule
(Effective )
27
Form DBF-AA-15
Form DNP 14-112 State of Florida Voucher for Reimbursement of
Travel Expenses (Effective
Specific Authority 370.021(1) F.S. Law Implemented 120.53(1) F.S.
History -New 11-17-86, Amended
28