Resolution 338-1982 Dr. Jef_;her
Extension Service
4,0
RESOLUTION NO . 338 -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 KEY COLONY
BEACH CHANNELS .
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
Department of Natural Resources and Monroe County, Florida, a copy
of same being attached hereto , for Boating Improvement Fund Project
on Key Colony Beach Channels .
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
By
May r C airman
(SEAL)
Attest :
EPMETE, LER9_41.A1- - - ortx4 (K. Pxhat_)sim.. .
Cle
AMMO AS YO OR
•
v 1
STATE OF. ,FLORIDA i.. .
i
DEPARTMENT OF NATURAL RESOURCES ' 6-1 t 'jjj
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
;hereinafter referred to as'
Monroe County . ' ...
• the COUNTY in furtherance of. an .approved recreational boating pro-
ggram 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 16D-5 , Part III, Florida
Administrative Code. :
2: The COUNTY agrees to. implement the recreational boating
improvement project. known "as Key Colony. Beach Channel Markers
(FBIP Project No. 11-65-13 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 ,
and complete the ',project on or. before
April 1, 1984 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
' the : percentage of completion of
. . . repor s;•on the project, 'specifying
each project element. •
5;. The DEPARTMENT agrees:: to obligate and make available to the
COUNTY the approved project amount of $ 5 ,452 .20 . • 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 $ 4 , 906 . 98,.: ' 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 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. 60 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 ,DEPARTMENT.
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
14,
10. In the event 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 COUNTY refuse to
allow public access to all:: documents,.. papers', letters, . or other
material made or received ir1 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 QOUNTY,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 0. 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
signature of the Executive Director, of the DEPARTMENT.
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Page 3 of 4
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IN WITNESS THERETO, the parties hereto have caused these presents
to be executed by the officer or agents therbunto lawfully authorized.
EXECUTIVE BOARD OF THE .
DEPARTMENT ,OF NATURAL RESOURCES ,
Attest: Bys
! Elton J. Gissendanner.
Executive Director
Its Agent for this Purpose
BOARD OF COUNTY COMMISSIONERS
Attest: RALPHIII TE, .CLERK By.
s Agent for this Purpose
Effective Date
DN Contract Manager
DNR; Contract Administrator, F:
DNR Attorney
Page 4 of 4
•
STATE 0:.�', 'FLORIDa
:.DEPARTMENT OF :NATURAL'. RESOURCES,
Florida Boating Impr;ovement. Program
• Project Application
' Project Identification - •
_'. : . Type of Project: . ,Acquisition Development . x Planning.
Launch Site ,New For Office Use Only
•' Docking; Facility Exn_ anson Date Received
r Project No I 1-10S- 13
Channel 'Marking - x : Renovation {
County
.Other. (specify)', ; ...
2'. Pro•j,ect, Title: • ;'Key, Colony Beach Channels Marking Project
3 . ;Pro.ject;:Location Key 'Colony .Beach 'Channels, Marathon, Monroe County,' FL
•
4 . Brie=•-.Description of. Project to install 5 navigation daymarks in
channels at Key_.`Colony Beach ,., •
5, :_Grant':Requested ' •' :$ 5452:20'
• Source,:of Other Funds :
..Es ti.n ated To tal'•Proj ect -
Cost
6 Applicant Identification, > ` •
• Applicant County,: Monroe •
Located i :City of: Key West. (if. f applicable)
Liaison Agent' Jef;frey :A: Fisher
Appointed Representative 'of, " Monroe County, Board
(Name of County)' •
of County Commissioners'_
Address : Board of "County `Commissioners, c/o Jeffrey A: Fisher
Liaison Agent:
P• 0 Box 2545 ;
•
•
'Phone No . 305/296- 9786 •
7 . `S nature ..
Date: October 7, 1982
•
DNR 42-034 :16 .� 'c. tgi, •
Rev. 8-1-80 - ,
STATE OF; FLORIDA
DEPARTMENT OF NATURAL RESOURCES
• Florida Boating Improvement Program
Project .pplication
, for .;Development
1 .,-' Ownership of Site.:' Federal State • FL Local
2 . Total Estimated 'Cost. . $ 5452 20.:
3 . Type and,:EstiMated Cost :of .Proposed. Development (By Unit) .
Facility .Quantity; ;and Unit'' of Measure • Estimated
' Specify No and/or Feet Cost •
Upper Keys'Marine install 5 daymarks in Key Colony Beach • $ 5347.00
• Construction Channel _-
Key West Citizen advertise 'Not+ice` .for Bids 48.20
Keynoter' 33.00
Reporter 24.00
" Contingency - % (10% maximum) . „
• Total $5452.20
4 ., Type.`and Status. of Required Permits .Easements or Leases -
TYP e': Ur.S. "-Coast Guard . „ Status . : OK
- Private Aids to Navigation
5 . RequiredAttachments
,',a vicinity map enclosed•
b : • Site development plan'. N/A
c copies of required periits , easements or leases or letters
stating `none are required enclosed -
d. proof of,: `county/loca'1'-'.ownership„:or: other form of site 'control N/A
e: Pre-construction certification- : (if applicable) enclosed`' ,
a 6
DNR 42-035
Rev. 8-1-80 ;:
1:5, ,.
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' FLORIDA ,BOATING';IMPROVEMENT ;PR RAM , . • :
._ ' ' Grants "Accountability3,, licy -
I. Purpose and 'Acoount;ability . ; } I.r Ei
'i ' ` fit • _y'1 I,.
:This grants:':acco•u ab ntility polio�r:, 'stablis,hes uniform', guide-
alines and procedures to be utilized 'td ;account •for grants funds
disbursed by '•the :Department of Natural B,esources. under the Florida
Boating. Improvement.,.'Program,=''r' . It'� :::.' ' se ts','. forth principles for deter-.
, ' mining eligible po rgram ,
costsi, suppor �i ig. documentatio •n, minimum
' reporting requirements.: and•• applies 1-to: all project ,sponsor .s re-
ceivin funds throu h the:"`p ro ram,. Wa�.ver_ or, .modification of the
g ,I g p I g. � � -
eligible costs,` supporting '.dpcumentat;ion ,or reporting requirements
' , may.` mad
e ;by the Department' s:;Executive 'Director, or his designee.,
provided that the approval for 'any' such '"changes :shall :be evidenced
by .an appropr ,ate':`provision': in .'the'•.project agreement, or -amendment
' a; > :thereto.
` ;I
II.:. . Disbursement-;:of'`Funds tf � '
Grants';fuunds; ;shall :be' 'disbursed by"; •the Department directly to
project' sponsors in accordance .with,:good:=c'ash4•management principles,,,
in installments as �specif ied in ,the ';project' agreement
:'Funds will be di,sbursed` accordingcto the following schedule
for projects funded' on an advance' payment. basis .
50% 'o, •z���he' prQj.ect. ,a• mount; following execution of the
.: project 'agreement
. 40% at:, ':the request':of �:'the:.county following expenditure
Hof'-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: 1
90% . following;.,execution ,'of 'the" project' agreement.
% tnf the oect'10 .' following;:documented complei rj :
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.. t ,l
:fit;.`' _ _ ,
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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, - a-E. 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 onlythose' itemsnecessary and
reasonable for the design:.an'd`!',construction. of .a specific project,
' and b'e directly allocable ta' 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
cludin direct gwithdrawals purchases as well. -as from
grantee' s,
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 Inelgible
4. Employee Benefits Ineligible+
`�.; 5 ' Equipment
a. Eligible= 'Actual cdst -incurred' 'for' the rental. of equip-
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 equipment.
• 6. Travel and Per Diem. - hnel gible. , '
• `7 .; Indirect Costs - -Inelig:ible.
VI. Supporting Documentation . I.t
' 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 specification's:.,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'". tlirough.: r�.cotractual ' services
2 . . 'Materials and •Supplies
a. . Direct. Purchases Vendor invoices shall be maintained
`:;` that include a`.des'cription 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'.o,f 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 o ¢' 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 forms 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:
• i
a; The project sponsor may request adviance 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 detailed
;information as required above in Section .V.
b. The project sponsor may' request advance written approval of
• the Department' s project adnunistrator 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 427065. 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:•mater,ials" 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 submiss of °tie annual financial
status report.ort. ,: ,
P
(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-linvolves the' project sponsor. ,
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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
these forms '
DNR 42-065 Florida Boating Improvement
Program Payment Request Form
DNR 42-065 , , ,1;, • ,`. ; , , '• Direct Material Purchases
Schedule
DNR 42-064 • � . . . .. .. : . ; .; , ,
• ':..,'. .,'.a. : Project Sponsor Stock Material
Cost Schedule
DNR 42-062 Contractual Purchase Schedule
• I • M L RIDA DEPARTMENT OF NATURAL RESOURCE."' .
• FLORIDA BOATING IMPROVEMENT PROGRAM
•
• GRANT PAYMENT REQUEST
Project Name : Key Colony Beach Channel Markers
•
•
Project Number : 11-65-13 - County : Monroe • •
Payment Request Number : Type of Payment :
(X) One-50%/90% ( X)Advance
. ( ) Two-40%
( ) Three-10% ( ) Reimbursement
( ) .
Pay To : Monroe County Board of -County Commissioners ' •
•
Request Period:
Project Expenditures : • p
•
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 • 0 .
FBIP_ Funds Requested: • $ 4906.98 •
Amount of Grant 5452.20
FBIP Funds Previously Disbursed ( 0 )
Balance Available • 5452.20
FBIP Funds Requested This Payment 4906.98
•
Balance Remaining 545.22
(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. •
Pry t ' grist ato ./ Date
Finand a Officer Date
•
Reviewed and Approved
•
•
DNR Project Administrator Date
•
Chief , Office of Recreation Services Date
•
•
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