Resolution 279-1982
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RESOLUTION NO.279 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY CONMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A PROJECT AGREEMENT - DEVELOPMENT BY AND
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL
RESOURCES AND 11ONROE COUNTY, FLORIDA - BOATING IM-
PROVEMENT FUND PROJECT ON COW KEY CHANNEL.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Project
Agreement - Development by and between the State of Florida, De-
partment of Natural Resources and Monroe County, Florida, a copy
of same being attached hereto, for Boating Improvement Fund Project
on Cow Key Channel.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of November, A.D. 1982.
BOARD OF COUNTY CO~1ISSIONERS
OF MONROE COUNTY, FLORIDA
By
(Seal)
Attest: RALPH \V. \i1UTE, CLERK
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ArEp. S TO FORM
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DNR CO.".,u,CT NO. ~.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
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This Agreement, by and between the State of FlcriG~ Department
of Natural Resources, hereinafter referred to as the DEPARTMENT, and
Monroe County
, hereinafter referred to as
the COUNTY, in furtherance of an approved recreational boating pro-
gram involving the parties hereto, in pursuance of which the parties
hereto agree as follows:
1. This agreement shall be performed in accordance with
Chapter 327.28, Florida Statutes, and Chapter l6D-5, Part III, Florida
Administrative Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as
Cow Key Channel Markers
(FBIP Project No. 11-65-11
and as described in the project appli-
cation approved by the DEPARTMENT and attached to this agreement as
EXHIBIT A.
3. The COUNTY agrees to begin the project on or before
lIecernhprll.1QR::>
, and complete the project on or before
December 31,1983
If the project is not completed on or
before this date the COUNTY agrees to return to the DEPARTMENT any
unexpended funds which may have been advanced to the COUNTY for the
project, including any interest accrued on the funds while in the
possession of the County.
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 $ 12,832.58 to be used
for the aforementioned boating improvement project. The funds will
be provided to the COUNTY in three
installments(s). The
initial payment of $6,.416.29
will be released by the DEPART-
MENT following the execution of this agreement, and upon request by
the COUNTY, and certification by the County that the project shall
Page 1 of 4
commence within 60 days from the date of t.he request. Subsequent
payments shall be requested by the COUNTY as the work progresses,
and shall be accompanied by suitable documentation of expenditures
for the previous payment. Payment requests and documentation shall
be submitted in accordance with the FBIP Grants Accountability
Policy attached to and made a part of this agreement as EXHIBIT B.
The DEPARTMENT may withhold requested installments if previously
advanced funds have not been properly expended.
6. The DEPARTMENT and COUNTY understand and agree that there
shall be no reimbursement of funds by the DEPARTMENT for any obliga-
tion or expenditure made prior to the execution of this agreement
with the exception of $ -0- obligated for the following:
7. The COUNTY agrees that the project when completed will be
operated and maintained as a public recreational boating facility ln
satisfactory condition 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 pro-
ject becomes utilized for other than boating related purposes during
this period.
8. In the event unexpended funds exist at the completion of
the project, the COUNTY agrees to return said unexpended funds to the
DEPARTMENT within sixty (60) days after project completion. Following
receipt of an audit report identifying any reimbursement due the
DEPARTMENT for non-compliance with the contract, the COUNTY will be
allowed a maximum of 60 days to submit any additional pertinent docu-
mentation to offset the amount identified as being due the DEPARTMEN~.
9. If it becomes necessary for the DEPARTMENT to demand a re-
turn 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 (60) 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.
Page 2 of 4
10. In the event the COUNTY elects to implement a user ~~~
system for any of its facilities funded by the Florida BoatiDS ITIcprove-
ment Program (FBlP), the COUNTY agrees to impose such fees ~~iformlv
among the users regardless of race, sex, age, religion, o~::~er con-
dition or the political jurisdiction in which the user ~~~ reside.
11. The DEPARTMENT reserves the right to hencefortj inspect
the project as well as the right to audit any and all financial records
pretaining to said project at reasonable times. This contract can be
unilaterally cancelled by the Department should the County refuse to
allow public access to all documents, papers, letters, or other
material made or received in conjunction with the contract pursuant to
the provisions of Chapter 119, F.S.
12. For any year in which this contract extends beyond the Depart-
ment's 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 purposes of this
contract.
13. The COW1ty agrees to hold the Department harmless from any liability
or claims that may result from the implementation of the project or from
alleged negligence in maintenance or operation.
14. For the purpose of this contract, David O. White, Gran~s
Coordinator, or successor is hereby designated as the Department's
Contract Manager and shall be responsible for insuring performance of
contract terms and conditions and shall serve as a liaison with the
COUNTY and shall approve all requests prior to payment.
15. This agreement shall become effective on the date of the
signature of the Executive Director of the DEPARTMENT.
Page 3 of 4
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BOAED Or COUNTY
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ST.'\':::'E OF 2L02.1D;'.
DEPAR':'~~l'l' OF ~ATUHAL RESOURCES
~lorida Boating Improvement p~og~am
p~oject Application
Project Identification
1. Type of Project: Acquisition
Development x
:!?lanning
For Office Use Only
.Date Received
Launch Site
New
Docking Facility
Expans ion
Channel Marking
x
Renovation
Project ~o.
County
Other (specify)
2. Project Title: Cow Key Channel marking project
3. proj ect Location: Cow Key Channel. Stock Is land. Key Hes t, Honroe Countv, FL
4. Brief Description of Projec~:
to install 14 davmarkers in narrow.
high traffic channel between Stock Island and Key Hest
5. Grant Requested:
$ 12,832.58
Source of Other Funds:
$
Estimated Total Project
Cost
$ 12,832,58
6. Applicant Identification:
Applicant County:
Monroe
Located in City of:
Key Hest, FL
(if applicable)
Liaison Agent:
Jeffrey A. Fisher
Appointed Representative of Monroe County, Board
(Name of County)
of County Commissioners
Address:
Board of County Commissioners
c/o Jeff Fisher, Extension Director
p, O. Box 2545
Key West, FL 33040
Date:
305/296-9786
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, July 1.1982
Phone No.
7 .
Signature:
DNR 42-034
Rev. 8-1-80
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STATE OF ?LORI0l\
DEP ART~~~lT OF ~TrlTURAL RESOCRCSS
Florida Boating Improvement P=og=am
Project A~plication
for Development
1. Ownership of Site: Federal
State
x
Local
x
2. Total Estimated Cost:
$12,832.58
3. Type and Estimated Cost of Proposed Development (By Unit)
Facility Quantity and Unit of Measure Estimated
Specify No. and/or Feet Cost
Frank Keevan & Son to install 14 davbeacons as described iT1 Sl? 767 nn
packet accordinQ to AQreement enr1,..,cor'l
Key West Citizen - K Y West ) advertise Notice for 13id~ in L.? ~Q
Keynoter - Harathon ) neWSDapers 22.00
Contingency - % (10% maximum )
Total $12 832.58
4. Type and Status of Required Permits, Easements or Leases
Type:
Coast Guard Private Aids to Naviga- 5 ta tus enclosed
tion
U.s. Army Corps
granted via Coast Guard
5. Required Attachments
a. vicinity map
NOS Chart ff11441
b. ~ite development plan N/A
c. copies of required permits, easements or leases or letters
stating none are required enclosed
d. proof of county/local ownership or other form of site cont=ol~/A
e. Pre-construction certif ica tion (if applicable) enclosed
also enclosed description of work to be performed and cost of advertising
for bid documentation
DNR 42-035
Rev. 8 -1- 80
15
FLORIDA BOATING IMPROVEMENT PROGRAM
Grants Accountability Policy
I. Purpose and Accountability
This grants accountability policy establishes u~~=crm 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
eligible costs, supporting documentation or reporting requirements
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
Grants funds shall be disbursed by the Department directly to
project sponsors in accordance with good cash management principles,
in installrrents as specified in the proj ect agreement.
Funds will be disbursed according to the following schedule
for projects funded on an advance payment basis:
50% of the project amount following execution of the
project agreement.
40% at the request of the county following expenditure
of the first installment.
10% following documented completion of the project.
For project grants of up to $5,000 and for completed projects
funded by reimbursement, the following schedule will apply:
90% fOllowing execution of the project agreement.
10% following documented completion of the project.
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 acco2~lis~~ent
of the project shall be negotiated, at a minimum, in acccrdance
with the provisions of Chapter 287, Part I, Florida 2cc~utes and
related Rules of the Florida Administrative Code i~ ~~fect 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 \vithdrawals 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 equlp-
ment by the grantee from independent sources for the
time such equipment is used or required to be
available to accomplish the project.
b. Ineligible - Use of grantee owned equipmc1t..
6. Travel and Per Diem - Ineligible.
7. Indirect Costs - Ineligible.
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 includ~ 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 ~=~uired
by the Department shall be maintained and submitted i=r re-
view to support values established for purchased r2~1 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, 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 project administrator to submit other available
accounting records in lieu of the specified Department forms,
provided such alternate records contain the same detail~~
information as required above in Section V.
b. The project sponsor may request advance written apcroval of
the Department's project administrator to engage in~ependent
Certified Public Accountants to provide a revi0": ~~d compila-
tion of project costs presented in the same s?::sral 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 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 the 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.
XI. Forms.
Described below and attached are grant forms availab:2 to the
project sponsor from the Department. Copies may be ottnined from
the Depar-tment. There is no cost involved in procur-:.~;:g any 0::
these forms:
DNR 42-065 .................. .... Florida Boa~ing Improvement
Program Payment Request Ferm
DNR 42-065...................... Direct Material Purchases
Schedule
DNa 42-064 ................ ...... Project Sponsor Stock Material
Cost Schedule
DNR 42-062...... ....... ......... Contractual Purchase Schedule
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