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Resolution 029-1985Jeffrey A. Fisher Extension Director/Marine Agent Boating Improvement Fund Liaison RESOLUTION NO.029 -1985 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO APPROVE AND EXECUTE A FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND MONROE COUNTY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to approve and execute a Florida Boating Improvement Program Development Project Agreement by and between the State of Florida Department of Natural Resources and Monroe County, a copy of same being attached hereto, concerning improvement project known as Duck Key Channel Markers. PASSED AND ADOPTED by the Chairman of the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 23rd day of January, A.D. 1985. (Seal) Attest : DANNY L, KOLHAGE, Clerk C Yerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By —�' airman A PPRR VED AS TO FORM A GAL SUFFICIENCY. 6Y Attorney's Office he .State of p c7, 0� n t-- hereinafter referred t o the CO, re cr eat oll 170 1 C,: I boat, a(J' terns and cond i t -1 C�il s 1 1 S 1-1(j 1'0 1 T DO Chapter 327. 28, Flr)r-'da Statutes, Florida Administrative Code. 2. The COUNTY agrees to implement_ the improvement L: project kllo�-.,11 zs WBIP Project No. B84073 anQ as applicaf--ion approved by the as EXHIBIT A. 3. The COUNTY agrees to be C () 1111 e LC Sept. 11, 1985 lI the pi-o"'c' is 'not - specified date, the CjUt,4­1,yr���rcestc) any unexpended fu;1dS w1licl, including any interest accrued oil Of the COUNTY. If the project is ,-,ot c(-)cj1p date, the DEPARTMENT may withhold further payments, �lr�u further requests for project approvals until the ':as completed. 4. T" 10 C 0 U NTY S 11 a I I provide t I I e L) J,'P A j< 1i I %J J,:' T 1.1 L P 1 12 j reports on the project, specifying the OLICII project element. 5. The DEPARTMENT agrees to obligate and the COUNTY the approved project aii1oL11lt of 1 2,433-60 to be used for the project authorized by this agreement. be released by the DEPARTMENT in installments and e s rc. -u the COUNTY. Page 1 of 4 6 . Payment request aII-,! i ' r , attached to and made a part of this agreement as The DEPARTMENT may withhold re_1ucsted installnlenl�-s if r,r � icusl, released funds have not been properly expended. 7. The DEPARTMENT and COUNTY understand and aq ,reo tha there shall be no reimbursement of funds by the DEPART."�1E^]T fcr expenditure made prior to the execution: of the agree.T,ent fait:: the exception of $ 2,433.6o for the following: Channel Markers, installation and legal advertising. 8. The COUNTY agrees that the project wi,:e:: cc �ple ted ;ti 11 be operated and maintained in. satisfactory condition for rDublic recreational boating purposes for twenty five (25) ,;ears fro:1 t:ze date of project completion. The COUNTY further agrees to re~urn to the DEPARTMENT all funds tendered for the project in t::e event the project becomes utilized for other than boating related purposes during this period. 9. Following receipt of•an audit report identifying any reimbursement due the DEPARTMENT, the COUNTY will be allowed a maximum of sixty (60) days to submit additional docur;er:.atior. to offset the amount identified, or to return the amcunt c'-ue. 10. If it becomes necessary for the DEPARTMENT to dem-and a refund of any or all funds tendered pursuant to Paragraph 5 of this agreement, the COUNTY agrees to return said funds to the DEPARTMENT within sixty (60) days. If not returned within sixty days, the COUNTY understands and agrees that any further COUNTY requests for funding from the DEPARTMENT shall be denied until the funds have been returned. 11. The DEPARTMENT reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to this project at any reasonable time. This contract can be unilaterally cancelled by the DEPARTMENT should the COUNTY refuse to allow public access to all documents, papers, letters Page 2 of 4 �.� Hsu �tcxriutx °..k'.wd.:b.�xx�r .kA�stkr.a.-�6�.:o-ti�.viM�f;�`stY�s:nra.keaYtr � "' -- ,.,..,,.,._„,:.,,, ... ,. ...,. _f _ _- x�kk�A7 �.,'�aift�.taer•. u��.,diireeo_:C, ,'.i�,p�F S.=_::: ,+TM,M. ,x_,, ., 3.AY or oLh(cr pursuant to the provisions - ,� Chapter 119, Ficrlc.. .,,..t_,._..,. 12. For any year in which this con tract •o. act exLanow oevc2j end of the DEPARTMENT fiscal year Nune 30) , _ er crmance ty th,2 1 DEPARTMENT under this contract shall be subject tc and c' n `._ -, , upon the availability of monies lawfully approp __ . ,.,_ . _. DEPARTMENT for the purpose of this contract ano progra:-_ 13. The COUNTY agrees to hold the DEPARTA= narylessi- any liability or claim that may result from the i. e_;, ;. _ _t :. -- the project or from alleged negligence in maintennnc cr _ to the extent allowed by law. 14. if at any time a user fee system is i:,_ iona.._c_ of the facilities funded under the Florida Boating Program, such fees shall be imposed ::nformly, recardles_: if political jurisdiction in which the user may r _ s _ . 13. For the purpose of this contract, ys S, Specialist, or successor is designate' as the Dw: Manager and shall be responsible for insuring; c nzract parfarmancs, approving all paying nts prior to payment, any: scrVIInq as iaisc:—, with the COUNTY. 16. The following special terms and condition; are jnclu, o , in this agreement: Within 60 days aftu request, Contract .. -�f'�7 t, the Ccntr�� nayar shall cu,:ci,:ct DNR staff, any required site inspections to accomplished, review submitted project docum-N t.a t i ov , if complete and in order, approve the request iur 17. This agreement shall become effective on the date of signature by the Executive Director of the DEPARTMENT or his assignee. Page 3 of 4 11 ICJ l!i'1'[11; 1'lll,l l,'1'c}, I i<<_ p.11 ! i( I , i, „ !. ,1 to be executed by the o[fiCl- >- or t.'.II:Ito : Attest: Attest:DA1VNy �• KQr iq r]7 CIerk Effective Date: DNR Pont/ract Manager DNR' Contract Mministrat r DNR Attorney DEPAR-1 MENT 1 `:.. --P-E ,.-, M ltor. --s__.._.-.:... -- . ._ -,_)� Its .:qe _.r -."_s BOARD OF CO�:,� _ :,:.��__.,�R Its Agent `or t _s r�cse .1t...o I U ,rOJ '.ct _ Cie :1 �_L._C1~10.^, 1 m.,'- es • . _ `� o� f „CZ: ='rod _�.�. Launch Site New X Docking Facility Expansion L Channel Marking X Rencvaticn Ot_ier (specify) �cu.. 2. Project_ Title: Duck Key Channel Markers 3• Project Location: Duck Kev Channel . niit-k 1 r v 4. Brief Description of Project: entrance to Duck Key Channel 5. Grunt Requested: Source of Other Funds: i nstdl l $ 2433.60 $ 0 Estimated Total Project Cost $ 2433.60 6. Applicant Identification: Applicant County: Monroe Located in City of: Key West Liaison Agent : Jeffrey A. Fisher A intd R Monroe (if a_-�lic.:.ble) ppo c epresentative of _ Count,:, Bcard Name of Ccunty of County Commissioners Address: P. 0. Box 2545 Key West, FL .33045-2545 Phone No. 305/294-4641 x 160 7. Signature: _ Date: z , _ lc- eve i Ccst: S 2500.00 3. T-rye and ?� CC52 �Z :•�; _ Speci-y `To. a_:c,%c_ _ =e = j C� Daybeacon I 2 installed by Frank Keevan & Sons, Inc. i 2237.00 ' I i Newspaper ads I Key West Citizen i 82.60 Keynoter 39.00 Reporter j 75.00 i Con t i�.5encv — (10 ma_t_-- T c ta2. j 2433 60 4. Ty-e and Stat,zs -o,-;ec-;=ec pe �y J e e n -.. s .. _. leases T,rp e : Coast Guard S nags OK 5. -Recui.r ed. Attach -men is a. vic_nity mao Enclosed b, site develocment plan NA C. conies of ea _ se_ments cr leases or stating none are rect:ired enclosed d. Drao�f of county/local ownership a- et.e= =o-z of: si_s e. D:e-eonstr::ct_or. cert_`iCat 4Cn (i f applenclosed *UNITS include: 3oat Ramp F1oacing Dock Permanent Dock Slips Hoists Rest Rooms Paiking ;va C ar a L; S ns 'S3 ft? LY , Reg. Chan 'i� avayat10n31 Mar.iings Dr dging las Channels Jtl=iti85 `'erVer, Elact. dater) Landsca of r.c Iccess Roan Lighting FL:^RTGri MCA:'= v=�•!pRC�,--z, i_" ?RCG ?:�_M Gran_Zs A cccuntao___ty ?oI_cv I. Purpose and Acccuntability This grants acccuntab___ty policy establishes uniform _,.,_ce- lines and procedures to be utilized-' to account =cr grants � rods disbursed by the Depart:^ent Cf Natural Resources under the lcrica Boating Improvement Program. It sets forth principles :Or deter- mining eligible program costs, supporting dcc:rmentat_cr.,-_ni.."am repert_ng rec' -4--e-ient-s and applies to `17 prc�ect s_ cn scrS re- ceivingC , !'� a 1 e cr _ a- • ^ e fund throng. the progr m. Waiver r _ :rec__ic _, cn c_ eligible costs, supporting doC'urlentation or reporting may be made by the Departmient's Executive Director, cr i._s provided that the approval =or any such Changes ___a' _ `.v_"de_nceC by an dpp O^ pr, _n c' a em.en ,='lc'nC lent r : r _e _o �_s_or_ e prod e gre thereto. II. Disbursement o_ Fundc Grant funds shall be disbursed by the Depar_-ent to the project sponsor in accordance with coed cash -a:.ace:.ent princlpies. A max-imum, of five payments mal" single project. The i ^.itial pav:m.ent may be advanced' CCunTv, however, the amount advanced shal.. l _t excex_.. =.ne expected cash need_ for the project w-thin months. Thereaft-er, progress payments sha7 7ll cbe mac_ on _ reimbursement basis. A retai rage of 10% of the cr_nt a-c,-_.: shall be re_mburseed upon rocumentec ccmplet_cn C_ For completed projects approved fcr __-rcac _:� the total pro j ect amount w_11 be of ell"=ible expenses. III. Contract Classi=ic='=ion Program project agreements are defined as Ccst :n- =cr contracts w;.ereby popsor- arere_mbursec ---_- - _- _ costs incurred i .. accora^l_s h_ng the Department. IV. Purchases of Goods and/or Services All purchases of goods and/or services for the accomplishment of the project shall be negotiated, at a minimum, in accordance with the provisions of Chapter 287, Part I, Florida Statutes and related Rules of the Florida Administrative Code in effect at the time such purchases are made. V. Eligible and Ineligible Costs Eligible project costs include only those items necessary and reasonable for the design and construction of a specific project, and be directly allocable to the project pursuant to the State laws, rules and regulations. Costs must be incurred and work performed within the project period except for preagreement costs specifically identified in the project agreement. The following paragraphs identify eligible and ineligible costs for payment under the program: 1. Contractual Services a. Eligible - Costs of work performed by private or independent contractors that is directly related to the accomplishment of the project. b. Ineligible - Costs for work performed by contractors pursuant to cost-plus or contingency fee contracts. 2. Materials and Supplies a. Eligible - All costs of materials and supplies con- sumed or expended in accomplishing the project in- cluding direct purchases as well as withdrawals from grantee's stock. b. Ineligible - Costs of small tools, construction equipment, boats, motors, clothing or uniforms, office supplies, law enforcement and safety equipment, operating expendables or replacement parts for grantee owned equipment. 3. Salaries and Wages - Ineligible. 4. Employee Benefits - Ineligible 5. Equipment a. Eligible- Actual cost incurred for the rental of equip- ment by the grantee from independent sources for the s such equipment is used or requir be available to accomplish the project. b. Ineligible - Use of grantee owned equipment. 6. Travel and Per Diem - Ineligible. 7. Indirect Costs - Ineligible. VI. Supporting Dccumentation 1. Contractual Services - Services provided for project s_onsors by private or independent contractors sha_'- be evidenced by formal agreements or contracts executed by all appropriate parties specifying the exact terms and conditions. Cr—= peti- tive bid specifications and actual bids received shall he maintained by the project sponsor. Appropriate records i.e. contracts or invoices, cancelled checks, etc.) sha_1 be 7.a4n- tained by project sponsors to support work and/cr services performed through contractual services. 2. Materials and Supplies a. Direct Purchases - Vendor invoices shall he mainpa-4-ed that include a description of the items and qua:tit- purchased, unit cost and total cost, less acolicable discounts. Invoices shall also ccntair_ the del.iv�r: date and signature of a project sponsor empicyee assigned to work on the project along with a descriction of the general use for such materials or Purchase orders, requisitions, cancelled checks and competitive bid documentation as applicable, shay- be maintained as evidence of pavment for such purchases. b. Project Sponsor Stock - Materials or supplies taker. from a project sponsor' s stock or invent=,, steal l be su!:)ccrted by material requisitions or other jcb order%prc_=ct cost records signed by the storekeeper and the Trcjec-7� sccnsor emplovee assi aned to work on the prof, ec -::.. These S. ,.r ce documents shall describe items in detail and identif the general use of such :materials based u;:en the project sponsor's normal method of lnventorV evaluat40n. `4C warehouse or overhead charaes by the project sponsor shall be allowed. 3. Real Property - Appraisals or other documentation as required by the Department shall be maintained and submitted for re- view to support values established for purchased real property. VII. Billing The Project sponsor shall submit the program reimbursement request form, DNR Form 42-065, to the Department. This payment request form shall be accompanied by the documentation or schedules specified below for those costs that are to be made directly to the . project sponsor upon approval of the Department's project adminis- trator and Office Chief or Division Director. 1. Contractual Services - The Contractual Purchases Schedule, DNR Form 42-062, shall accompany payment requests for re- imbursement of contractual purchases. The contractor's name, check or voucher number, cost and general descrip- tion of work performed shall be reported to the Department. 2. 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 and voucher number, cost, and general description of items purchased shall be re- ported to the Department. b. Project Sponsor Stock - The Grantee Stock Material Cost Schedule, DNR Form 15-035 (16) , shall accompany payment requests for reimbursement of materials utilized from the project sponsor's stock or inventories. The material requisition data and number, general descrip- tion or materials used and applicable cost shall be reported to the Department. 3. Real Property - A copy of the closing statement, :arranty deed and title insurance shall be submitted. VIII. Alternate Billing Procedures. a. The project sponsor may request advance written approval of the Department's project administrator to submit other available accounting records in lieu of the specified DeparItnent forms, provided suon alternate records contain the sa:.:=-etailed information as required above in Section V. b. The project sponsor may request advance written approval of the Department's project administrator to engage independent Certified Public accountants to provide a review and compila- tion of project costs presented in the same general cost categories as contained on the reimbursement request form, DNR 42-065. Such statements shall be accepted in lieu of the other specified Department forms required above for Section V, only if payment requests are withheld by the project sponsor until completion of the project and submitted with the CPA's report. The additional cost incurred by the project sponsor for this alternate billing method shall not be eligible for reimbursement. IX. Services Provided by Affiliated Agencies. if services are obtained or materials purchased from subunits or divisions of the project sponsor, such costs shall be supported and billed in the same manner as required for the prosec- sponsor and reimbursement shall be requested by and made to the project sponsor by the Department. X. Record Retentions and Audits. (1) Financial records, supporting documentation, statistical and all other records pertinent to this contract shall be retained for a period of three years, except that such records shall be retained 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 retention period commences from the date of the submission of t:_e final expenditure report, or for annual renewable grants or con- tracts, from the date of submission of the annual financial status report. (2) All records of the project sponsor in support of the pro ect cost included in payment requests shall be subject to review by the Department, the Auditor General, Comptroller, or others who may be authorized to audio the records of -ne Department which involves the project sponsor. XI. Forms. Described below and attached are grant -forms available to the project sponsor from the Department. Copies may be obtained from the Department. There is no cost involved in procurring any of these forms: DNR 42-066 ...................... Florida Boating Improvement Program Payment Request Form DNR 42-065 ...................... Direct Material Purchases Schedule DNR 42-064 ...................... Project Sponsor Stock Material Cost Schedule DNR 42-062 ...................... Contractual Purchase Schedule _ f] 17" .., .. _...,PARTMENT OF NATURAL RES0'.7R c FLORIDA BOATING I7­I11RVEMENT PROGRAM GRANT PAYMENT REQUEST PROJECT NAME: COUNTY: PROJECT NUMBER: PAYMENT REQUEST NUMBER: ( )One ( )Three ( )Five ( ) Two ( ) Four ( ) Final TYPE OF PAYMENT: ( )Advance ( )Reimbursement PAYMENT REQUEST PERIOD: PROJECT EXPENDITURES SUMMARY Total to Date Pre -construction Expenses $ Contractual Services Materials and Supplies Other Eligible Expenses Total FBIP FUNDS REQUESTED: FBIP FUNDS REQUESTED: $ Amount of Grant iBIP Funds Previously Disbursed Balance Available FBIP Funds Requested This Payment Balance Remaining S This Request ( ) Certification for Advance: I certify that work on the project has started or will begin within 60 days and that the amount requested does not exceed the project cash needs within the initial 3 months. ( } Certification for Reimburesement: I certify that the above expenses were incurred for the approved project and that the progress of the project is consistent with the amount requested. Project Administrator Date Financial Officer Date Reviewed and Approved: DNR Contract Manager Date Chief, Office of Rec. Services Date A DNR 42-066 I U C CJ r O .--4 Ui C fz U GIN 0 U • rJ i G r j r •-i C C I U � U U ^ c IU y U ri -+ ❑ LJ -J I O w L: U) La C U �= 4-jc,n.� I) U 0 u v� i Q1 C ri N z Q � •••1 I CJ -14 U r c� i� � I J I I U `') i 3 I G IC Qi J •7 yJ C.J L^ r'S U] C ( J `• • U G •� � U O � -� Lo w rJ La q U N .n O i-1 a G 14 M 7 O C 14 --4 L.r --1 •-i Z Q� Q� ro O W -•-4 U 14 Ga 0n O C ••'1 •.i (11 r-i > —4 ., C� ❑ :4 C (1) O A . -+ E Z C GJ a •--4 ro v 41 ro ro ❑ 1 >4 it •.•i U i '4 +-) U U O O +-+ 44 i✓ :4 ro �4 A s4 La Q1 ro U O >4 > i 11 U ro ro Q) U) E �4 ro 14 (L) O Q) •-+ ro ro rn ro to U 41 O O C Q) D r+ • --1 > -I ro O 1.1 ro E A >~ 41 C (n U 'CJ O >,UA E E•+ 1-J (n > —4 O i4 11 Cl U E- O U = U Q) n C ;-1 >, n O m A —4 O Q) N -4--j U U N 4 U Q) 41 11 Q) 0 y U :J C ••vorotr O O S-+ .0 C O 41 O +� C ►1 Cr •.'1 C) 0 aJ ro S4 4-3 (n c E � � � N Q 1 03 N 1 41 a ul U Ql r'1 O cc: S4 .� w II!I�I I, II C •J { I I _ •7 U I ; J .� I v