Resolution 097-1985
Jeff Fisher, Director
Extension Service Office
RESOLUTION NO. 097 -1985
A RESOLUTION OF THE BOARD OF COUNTY COMMISSION-
ERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE
MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF
NATURAL RESOURCES CONCERNING THE BOATING
IMPROVEMENT FUND PROJECT KNOWN AS LAKES CHANNEL
MARKERS II.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board
of County Commissioners of Monroe County, Florida, is hereby
authorized to execute an Agreement by and between the Board of
County Commissioners of Monroe County, Florida, and the State of
Florida Department of Natural Resources, a copy of same being
attached hereto, concerning the boating improvement fund project
known as Lakes Channel Markers II.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 12th day of April, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
\'s"~~--; ~~ __ ~
By "- ,- C .
ayor airman /
(Seal)
Attest:
DANNY L. KOLHAGE, Clerk
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AP"'~OV: D AS TO FOHM
AND /~ L. SUFFlCli;;C()1~
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BY Attorney's Office
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
AGREEMENT NO: t 2. 77 D
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
The State of Florida Department of Natural Resources,
hereinafter referred to as the DEPARTMENT, and
MONROE COUNTY. I
h~~eina~ter referred to as the COUNTY, in pursuance of an approved
recreational boating project-;-hereby agree to the following.
-"--'_.. .~-_._~-
terms and conditions:
1. This agreement shall be performed in accordance with
Chapter 127.28, Florida Statutes, and Chapter l6D-5, Part III,
Florida Administrative Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as LAKES CHANNEL MARKERS II
(FBIP proj ect No. B85004 ), and as described in the proj ect
'application ap?roved by the DEPARTMENT and attached to-this agreement
'as EXHIBIT A.
3. The COUNTY agrees to begin the project on or before
June 15, 1985
, and complete the project on or before
,Tllnp 1 c; 1 qRh
If the project is not begun by the
specified ,date. the COUNTY agrees to return to the . DEPARTMENT,
any unexpended funds which may have been advanced to the COUNTY
including any interest accrued on the funds while in the possession
of 'the COUNTY.' If the project is not completed by the specified
date, the DEPARTMENT may withhold further payments, and deny any
further requests 'for project approvals until the project has been
completed _ ..
4. The COUNTY shall provide the DEPARTMENT quarterly progress
reports on the project, specifying the percentage of completion of
each project element.
5. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $
14,377.52
to be
used for the project authorized by this agreement. The funds will
be released by the DEPARTMENT in installments and upon request by
the COUNTY.
Page I of 4
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6. Payment request and expenditure documentation shall be
submitted in accordance with the FBIP Grants Accountability Policy
attached to and made' a part of this agree~ent as EXHIBIT B.
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The DEPARTMENT may withhold requested installments if previously
released funds have not been properly expended.
7. The DEPARTMENT and COUNTY understand and agree that there
shall be no reimbursement of funds by the DEPARTMENT for any
expendi ture mad,e prior to the execution of the agreement with the
--~,._._._..
exception of $',
177.52
for the following:
Bid advertising
8. The COUNTY agrees that the project when completed will
be operated and maintained In satisfactory condition for public
recreational boating purposes for twenty five (25) years from the
date of project completion. The COUNTY further agrees to return
to the DEPARTMENT all funds tendered for the project in the event
, '.
the project becomes utilized for other than boating related
purposes during this periQd.
9. Following ~eceipt of an audit report identifying any
reimbursement due the DEPARTMENT, the COUNTY will be allowed a
maximum of sixty (60) days to submit additional documentation to
offset the amount identified, or to return the amount due.
10. If i,t becomes necessary for the DEPARTMENT to demand a
refund of any or all funds tendered pursuant to Paragraph 5 of
.
.
this agreement, the COUNTY agrees to return said funds to the
DEPARTMEN~ 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
. .
or 6ther material mau~ ~r receiveq in conjunction with th
1tract
pursuant to the provisions of Chapter 119, Florida Statutes.
12. For any year in which this contract extends beyond the
end of the DEPARTMENT fiscal year (June 30), performance by the
DEPARTMENT under this contract shall be subject to and contingent
, ,
upon the availability of monies lawfully appropriated to the
DEPARTMENT for the purpose of this contract and program.
13. The COUNTY agrees to hold the DEPARTMENT harmless from
any liability o~ claim that-may-result from the implementation of
the project or, f~omalleged negligence in maintenance or operation,
to the extent allowed by law.
14. If at any time a user fee system is implementedfor.any
of the facilities funded under the' Florida Boating Improvement
Program, such,fees shall be imposed unformly, regardless of the
political jurisdiction in which the user may reside.
IS. For the purpose of this contract,
ChrysSullivan,
'Grants ~pecialist-, or successor is designated as the DEPARTMENT
,Contract Manager and shall be responsible for insuring contract
performance, approving al~ payments prior to payment, and
serving as liaison with the COUNTY.
16. The following special terms and conditions are included
in this agreement:
.
Within 60 days after receipt of payment request,
the Contract Manager shall delegate to DNR staff any required site
inspections to examine work accomplished, and shall review subm~tted
project documentation and, if complete and in order, approve the
request for payment.
17. This agreement shall become effective on the date of
signatur~ by the Executive Director of the DEPARTMENT or his
assignee.
Page 3 of 4
IN WITNESS THERETO, the parties hereto have causec.. _u_se
presents to be executed by the qfficer or agents thereunton law-
fully authorized.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
Attest:
By:
Elton J. Gissendanner
Executive Director
Its Agent for this Purpose
....----.
----............._r. .._~~
Effective Date:
BOARD OF COUNTY COMMISSIONERS
Attest:
By:'
Its Agent for this Purpose
~D@~
,DNR ntract Administrator
~Q
DNR
.,
Page 4 of 4
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ST~TE Of fLORID~
DEP,\r-T:-C:::NT OF ~IT,TUI~\L RESOlJP.CES
F1o~ida Soating Improvement Progr~m
?~oject ~Dplication
p~oject Identification
1. Types of Project: Acq~isition
Development
x
Planning
Launch Site
New.
For Office Use Only
Date Received ~/s-IFS'--
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Project Nu:nber f,) ~\jC-C;:'t-
Docking Facility
Expansion
Channel :-1ar:dng
Renovation
x
Other - (specify)
County
Honro.e
2. project Title:
Lakes Waterway Modifications (PhtlJe. ^)
3. Project Location: "Lakes" passage Key West to Boca Grande,
Key West, FL
4. Brief Description of Project:
to improve and modify existing channel
markers with additional markers
5. Grant Requested:
$ 14377.52
Source of Other Funds:
$ 0
Estimated Total Project
Cost
$ 14377.52
6. Applicant Identification:
Applicant County:
Monroe
Located in,City of:
Key West, FL
(if applicable)
Liaison Agent :
Jeffrey A. Fisher
Appointed Representative of
Monroe
Name of County
County, Board
of County Commissioners
Address:
..Monroe County Boating Improvement Fund
P. O. Box 2545
Key West, FL 33045
7.
Signature:
305/294-4641 x 160
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.~ / - /L{- ~S-
Phone No.
Date:
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$
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Contractor
I Frank Keevan and Son
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I 64.52
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I 80.00
,
/14377.52,
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14200
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key West Citizen
INewspaper ads for Notice of '-Call for Bids
I
INews a er ads for Notice of Call for Bi s
INewspaper ads for Notice of Call for Bids
~ (10% m 2 X::"::: '.lW )
33.00
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e noter
geporter
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4. ~y?e 2.~d Stat~s 0= ~eq~=ed Pe~its, 3asene~t:s ar ~e=.ses
T'I;;e:
Coast Guard
Stat-..:.s
ok
'5. ~e~i=9d Attac~e~ts
a.
vicini:.y ma?
enclosed
'b.
S~..o
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develop~ent plan
N/A
c.
coo;es or' re~';""er ""'e...-....;..-
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stati::g none az-e ',requi=ed
easa~ents or leases or letters
enclosed
d. p=00f of count.y/local owne=shi? or et...~e= :o=:n af S:..t9 central N/.
e.
P=e-cons~=uc~iOG ce=ti:icat~cn
( . -
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ap91ic2.;:2.e)
enclosed
*
*UNITS include:
Boa t .~af.1::J
E'loaciny Dock
Per:Tlanent Dock
Slips
Hoists
Rest Rooms
Palkinq
;y' aCe r :'1 a y S i g n s ( 5 a f e t y, R:3 g. ,
Channell Navaqational ~arkin~s
Dredging Nav. Channels
Utilities (Sewer, Elect.Water)
Landscaping
r1ccess .C?oads
Liqhtir.q
~ .c
...n.:..O.
C:;? ~:-IJ3:
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FLORIDA BOATING IMPROVEMENT PROGRAM
'Grants Accountability Policy
I. Purpose and Accountability
This grants accountability policy establishes uniform guide-
lines and procedures to be utilized to account for grants funds
disbursed by the Department of Natural Resources under the Florida
Boating Improvement Program. It sets forth principles for deter-
---mining eligible program costs, supporting documentation, minimum
~~~----~-"-
reporting requirements and applies to all project sponsors re-
ceiving funds through the program. Waiver or modification of the
eligi?le costs, supporting documentation or reporting req?irements
may be made by the Department's Executive Director, or his designee,
. provided that the approval -for any such changes shall be evidenced
by an,appropriate provision in the project agreement, or amendment
thereto.
II. Disbursement of Funds
Grant'funds shall be disbursed by the Department directly..
- to the project sponsor in accordance with good cash management
principles. A maximum of five payments may be requested for a
single project. The initial payment may be advanced to the
County, however, the amount advanced shall not exceed the
"
expected cash needs for the project within the initial three
months. Thereafter, progress payments shall be made on a
reimbursement basis. A retainage of 10% of the grant amount
shall be reimburseed upon documented completion of the project.
For completed prbjects approved for retroactive funding,
the total project amount will be reimbursed upon documentation
,
of eligible expenses.
III. Contract Classification
Program project agreements are defined as Actual Cost con-
contracts whereby sponsors are reimbursed for eligible project
costs incurred in accomplishing the project required by the
Department.
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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
perf~rmed 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 tpe project in-
cluding direct purchases as well as withdrawals from
grantee's stock.
b. Ineligi~le - 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 ~or the rental of equip-
ment by the grantee from iI1depen,~~nt sources for the
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time such equipment is used or required to be
available to accomplish the project.
b. Ineligible - Use of grantee owned equipment.
6. Travel and Per Diem - Ineligible.
" 7. Indirect Costs
HInelig ible .
VI. Supporting Documentation
1. Contractual Services - Services provided for project sponsors
by private or independent contractors shall be evidenced by
formal agreements or"contracts executed by all appropriate
"
parties specifying the exact terms and conditions. Competi-
tive bid specifications and actual bids received shall be
maintained by the project sponsor. Appropriate records (i.e.
contracts or invoices, cancelled checks, etc.) shall be main-
tained by project sponsors to support work and/or services
performed through contractual services.
2. 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 a project sponsor employee
assigned to work on the project along with a description
of the general use for such materials or supplies.
Purchase orders, requisitions, cancelled checks and.
competitive bid documentation as applicable, shall be
maintained as evidence of payment for such purchases.
b. Project Sponsor Stock - Materials or supplies taken from
a project sponsor's stock or inventory shall be supported
by material requisitions or other job order/project cost
records signed by the storekeeper and the project sponsor
employee assigned to work on the project. These source
documents shall describe items in detail and identify the
general use of such materials based upon the project
sponsor's normal method of inventory evaluation. No
warehouse or overhead charges 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
req~est form shall be accompanied by the documentation or schedules
specified below for those~costs that-are to be made direc~ly to the
project sponsor upon approval of the Department's project adrninis-
trator and Office Chief or Division Director.
I. 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, cpst and general descrip-
tion of work performed shall be reported to the Departmen~.
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 proj~ct 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, warranty
deed and title insurance shall be submitted.
VIII. Alternate Billing Procedures.
a. The project sponsor may request advance written approval of the
Department's proj ect administrator to ,s_~bmi t 'other available
accounting records in lieu of the 'specif~ed Department forms,
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provided such alternate records contain the same detailed
information as required above in Section V.
b. The proj~ct 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 Departnrent 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 subunit~
or divisions of the project sponsor, such costs shall be supported
and billed in the same manner as required for the project 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 t~e three year retention period. The retention
period commences from the date of the submission of the 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 project
cost included in payment requests shall be subject to review
by the Department, the Auditor General, Comptroller, or
others who may be authorized to audit the records of the
Department which involves the project sponsor.
I
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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
the,se 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
.
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'- .
ARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGR~
GRANT PAYMENT REQUEST
PROJECT NUMBER:
( ) Final
) Reimbursement
Total to Date
This Request
Pre-construction Expenses
Contractual Services
Maberials and Supplies
Other Eligible Expenses
Total
$
$
FBIP FUNDS REQUESTED:
FBIP FUNDS REQUESTED: $
Amount of Grant $
FBIP Funds Previously Disbursed (
Balance ,Available
FBIP Funds Requested This Payment
Balance 'Remaining
( ) 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
Fin~ncial Officer
Date
Reviewed and Approved:
DNR Contract Manager
Date
Chief, Otf~ce of Rec. Services
Date
DNR 42-066
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