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Resolution 337-1982 Dr. Jef ;her Extension Service RESOLUTION NO. 337-1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A PROJECT AGREEMENT - DEVELOPMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND MONROE COUNTY, FLORIDA - BOATING IMPROVEMENT FUND PROJECT ON COCO PLUM 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, lS hereby authorized to execute a Project Agreement - Development by and between the State of Florida Department of Natural Resources and Monroe County, Florida, a copy of same being attached hereto, for Boating Improvement Fund Project on Coco Plum Channel. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13th day of December, A.D. 1982. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: RALPH \V. 'JVHnt, CLERK ~'{~_ P..i.L... .o.~. APPROVED AS TO FORM ~~~. . BY~,.---,.".' '.'-'''._-'-- AftOt:"l.e~!'t': I'll . ~;,.;;,;: . '\~.".;"'_~~ 1iP;17'" ._..,It 1'r-> '1l"Wo....,;oj.,i...Qit.,;,..;J'.l;lt,';".""~,,' ,.~~_,,~.'..t'~"!.";-;:.lI::''''~'' .. / >4 !, . 'i>;'-'('~~~~~~_~""~~~,,,,,~,,,,-,~,,,,,,,,,"~_,~,~,,,,~,,,,,,,",",,",~ '4....., II. ~ I.. STATE OF FLORIDA i \ i :\. '.' ./ L...l 'j '---- DEPARTMENT OF NATU~ RESOURCES Florida Boating Improvement Program Project Agreement - Development This Agreement, by and between the State of Florida 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 160-5, Part III, Florida Administrative Code. 2. The COUNTY agrees to implement the recreational boating improvement project known as Coco Plum Channp' Markpr~ (FBIP Project No. 11-65-12 ) 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 April 1, 1983 April 1, 1984 , and complete the project on or before 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 , I -\ . I 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 $ 2,874.14 to be used for the aforementioned boating improvement project. The funds will be provided to the COUNTY in two installments(s).' The initial payment of $ 2,586.73 will be released by the DEPART- MENT following the execution of this agreement, and upon request by the COUNTY, and certificat,ion by the COUNTY that the project shall Page 1 of 4 ~~':i~'.f.iA';:.,i<<J"";'P>::i'''I-,?'''Oi.''''''_''''';'~'''''''.'''T>i i"'k./;i"".".,~~;,........ .............,,~~,...~: ;:'.~I",",j.:: i;'" ....;~,4;'i,:~;iN.*ii.i:..,iU.~~,~~,i~,~.'(..ml" ..~ . , 1-. .-~ commence within 60 days from the date of the 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 $ 0.00 obligated for the following: 7. The COUNTY agrees that the project when completed will be operated and maintained as a public recreational boating facility in 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 DEPART~NT. 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 , "-.'~._.'i'("",I/i'i," r ".::....I<(.:;...:;,T.' ,...'.'-t!I,',-...........:...,..~...................- .,._..__...;..,,_....... "---'-..aI'''''''''''''.~''''''''~~'''''''''''''~''''-'''''''''''''lflJ:lo.r..., 1',:,. ;,!,:<j~; .....~,',__,,~"" .'.U,~-A,-' " ' j."" '#"':;4.r.,.,tc,:.~:-",~~;"",{,.'~,"-"',",'4,,~"""n',;". :..- '-':....,~.'*".,..:....." _.,' ..~," ~ . ,..,....",.. ..",.~.._"",., ~ "-"'" ,', " '" " 10. In the event the COUNTY elects to implement a user fee system for any of its facilities funded by the Florida Boating Improve- , ment Program (FBIP), the COUNTY agrees to impose such fees uniformly among the users regardless of race, sex, age, religion, or other con- dition or the political jurisdiction in which the user may reside. 11. The DEPARTMENT reserves the right to henceforth 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 COUNT~ 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- mentIs fiscal year (June 30), performance by the DEPARTMENT, under this contrac~ shall be subject to and contingent upon the availability of monies lawfully appropriated to the ,DEPARTMENT for the purposes of this contract. 13. Thea:x.JN'I'Y'/agrees to ,hold ,the DEPARTMENrr:' 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, Grants 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 I signature of the Executive Director of the DEPARTMENT. f Page 3 of 4 ,....,_,..,..1.. ................"'. ..", "'oIl~"'~""""""""~""~"'i:.;, ,. ~ '.. ' ';;:::\~;;:.i6f....~~.:.-,;-.;j;;.....,,1:~"_- ;.,~...~u.'<._i"~;_"lrl%~~':t'... <'~J~~~'~~__,.;;._~..__.....,~~<._"_.~_,.,,_,._._.,._..._ ._ '. . , IN WITNESS THERETO, the parties hereto have caused these presents to be executed by the officer or agents thereunto lawfully authorized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: By: Elton J. Gissendanner Executive Director Its Agent for this Purpose BOARD OF COUNTY COMMISSIONERS Attest: RALPH_W. WHITE, CLERK By: < ~,,\_~/)\:p~.OC Effective Date:. ~lLLl DNR ntract Manager DNR Contract Administrator DNR Attorney Page 4 of 4 .....4- . ...;..~~:,w..'."'~"""""'~.-' __1111 ...,.i>'''-'''c'' , t.11!I "JA'" ...~' *' ~","~~:;,,_,~,',:';';~'~~~~4::1;t'ii~'ii.'''''''tl ~ln r"J1. ~I " <II ,,. " I. STATE OF FLORIDA DEPART~~T OF NATURAL RESOURCES Florida Boating Improvement Program Project Application Project Identification 1. Type of Project: Acquisition Development x Planning For Oifice use Only Launch Site New Expansion . Date R.eceived 11- 4 , Docking Facility Channel MarJ<ing Other (specify) 2. Project Title: x Renovation Project No. II-G<.;-/2 Co un ty . Coco Plum Channel Markinu 3. ,Project Location: A Coco Plum Channel, Fat DeerKev Marathon, Monroe County, FL 4. Brief Description of Project: to constr~ct and install 2 navigational aids (daymarks) at channel mouth 5. Grant Requested: Source of Other Funds: $ 2814.74 $ ~stirnated Total Project Cost $ 2814.74 6. Applicant Identification: Applicant County: Located in City of: .1 Honroe Key West (if applicable) Liaison Agent: Jeffrey A. Fishe~ Appointed Representative of Monroe County, Board (Name of County) of County Commissioners Address: Board of County Commissioners, c/o Jeffrev A. Fisher Liaison Agent P. O. Box 2545 Key West, FL 33040 Phone No. ?!h,6-9786 f/~ October 7, 982 7. Signature: Date: DNR 42-034 Rev. 8-1-80 14 .~~~I-"~_JJti..~illl&. ,. d,:"'_J...~'..r6.:.'~'A-,_A, -'!!.~L~J.,;:~-~ -'~....- ~4 & W t~"l. ~'\J" ",Ifl tll:lQ"'~~ 'qF1 l. i " ~. , ~ .r '/ II" ~J 1 r . r r ,_,\ r ~l """ ''"'".. ~~ ~~-""""\' .~.. ~~'''''''';~''''',~~-_;-",,-''''''''i.''-Hc\'_''.'n~''~. .tf H _.4,~1J"_~" ;~~$-.rs~.c1"if>\;.i.~','1-..;.;~..~~~ I.. \) STrlTE OF FLORIDA DEPART~NT OF ~rlTURAL RESQCRCSS Florida Boating Improvement Program Project Application for Development 1. OWnership of Site: Federal Local State X 2. Total Estimated Cost: $ 2814.74 , 3. Type and Estimated Cost of Proposed Development (By Unit) : . Facility Quantity and Unit of Measure Estimated , Specify NCf. and/or Feet Cost Upper, Keys Marine to build and instal12 davbeacons as S270R nn Construction described in enclosed packet - "- Key West Citizen advertising costs - Notice for Bids 49.74 Keynoter in local newspapers 33.00 Reporter 24.00 Contingency - % (10% maximum) Total $2814.74 4. Type and Status of Required Permits, Easements or Leases Type: Status OK U. S. Coast Guard Private Aids to Navigation 5. Required Attachments a. vicinity map enclosed b. site development plan N/A -.. ~' ,".-; , ~~ ease~.~ , a.nclQsed or leases or letters c. copies of required permits, stating none are required d. proof of county/local ownership or other form of site control N/A e. Pre-construction certification (if applicable) enclosed DNR 42-035 Rev. 8-1-80 lS .,-: ...:.'."":'::.~.::.""J..'.'.f "';!':'\'~":I!l>';:, :... .' ~'\;';.I,.,'...,~'.\'i}:.' ,'~--:'" ,.- ................ ,..~~.,,~~ u lw\,,,,,~........,...'rT" 1t~~.J n R .J.' ,....~""*~,'c.. "~'~i~n:t..,~,;-,. ;,:,,':~'';',j::, ,p,"~,:"".,,'Jmf 1I1f1."__;;"""'~-~ _~SIlj;~~~~" ~ .~,....' , ' . . , , . . '" I.. 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 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 th.ereto. II. Disbursement of Funds Grants funds sh~ll be disbursed by the Department directly to project sponsors in accordance with good cash ~anagement principles, in ~ta1~ts as specified in the project 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. H'P.' ,."","i'~:"";'.- '"'"""l~~ .,ft1 11 l Ll ~n__.ufl"" *' "_~j~-l"""~~-'''''~'",".F'~~'_'...,_,''~:\.'~~J~,'',,''' :~j.,\r.",~~ar~1lfI J..~~..~_~l LJ lb. UII' 1..[_ .1iII I.. -~~;t'.""'" . ( . . .... . .. . . , 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- cludingdirect 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 ~,~~;<>~~~~~ "*80. ."!Iit ....11 1b.._I. /:jiW,,",e'_4..,'~'~-i-lt::~:...~ ,!,"""'::-"/,",:' ..,.,..e .";,,"""~'t.4flI~~.~~~-.4 ~........., rJ..J, ..t. J.aAJII-,IU1 U J ,1... ~...... , . . I.. time such equipment is used or required to be avai,able to accomplish the project. b. Ineligible - Use of grantee owned equipment. 6. Travel and Per Diem - Ineligible. 7. Indirect Costs - Ineligible. VI. Supporting Documentation 1. Contractual Services - Services provided tor 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 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, ., ::; ---, 'r-""" "" '-<';....'~,"'~""'"'.....~-;~ 'i~~~-""~-~"'''~'!r'>'''.fi''''''''~''''':;'ih'''''''' ,,,,~',:~~.u.t ,'......llfilL . . . If- provided such alternate records contain the same detailed 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 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. >. \ -., -~ ." ""~~,""~_~:,-.,t!i>,-,~",'i'~~rIV:"',':t',~...,>^:,,*~^,,"i'.;,,,~_,,,'~"r.;'~' ;r~~lt...'~ft.U.~ 11I!h4f',,~"Mll' l..IU. .~1UII7-""'J.JIII J><l.l"':'" -'.',",IIi'~''',u",_,,,,,,,~' ,. ,. . 1-. - . X.I . 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 42-065 ...................... Florida Boating Improvement Program Payment Request Form DNR42-065 ...................... Direct Material Purchases Schedule DNR 42-064 ...................... Project Sponsor Stock Material Cost Schedule DNR 42-062 ...................... Contractual Purchase Schedule ;,',UW~,j . , ...,..', '''..~ ..... ,. , ... .. KID,?" DEP.ql\T:1ENT OF NATURAL RESOURCE FLORIDA BOATING IMPROVE~ENT PROGRfu~ G[{AN'r PAYMENT REQUEST Project Name: Coco Plum Channel Markers proj ect Nwnber: 11-65-12 County: Monroe Payment Request Number: Type of Payment: (X) One-50%/90% ( )Two-40% ( )Three-10% ( ) (X)Advance ( ) Reimbl:r sement Pay To: Monroe County Board of County Commissioners Request Period: Project Expenditures: Total expenditures to date Leave blank for first advance payment if no expenditures made A/E Services Contractual Services/Construction Materials and Supplies Other Eligible Expenses Total o FBIP Funds Requested: $ 2586 . 73 Amount of Grant FBIP Funds Previously Disbursed Balance Available FBIP Funds Requested This Payment Balance Remaining 2874.14 o 2874.14 2586.73 287.41 (X~Certification for First Advance: I certify that work on the project has begun or will commence within 60 days from the date of this request. )Certification for Second Advance: I certify that program funds previously advanced were used for eligible project expenses and that the progress of the project is satisfactory and in accordance with the project agreement. )Certification for Reimbursement or Final Payment: 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. , (' , ,_.------.'/- "/ --l~ " , '-':"1'./1,/ ,L ' lnistra // /-/9-03 Date /'- /7- cf>,.:5 Date Reviewed and Approved DNR Project Administrator Date Chiet, Otfice of Recreation Services Date