84-XRESOLUTION NO. 84- ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
AND AUTHORIZING THE EXECUTION OF THE
STATE OF FLORIDA DEPARTMENT OF NATURAL
RESOURCES, FLORIDA BOATING IMPROVEMENT
PROGRAM PROJECT AGREEMENT.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA:
Section 1. That the Mayor and City Clerk are
hereby authorized and directed to execute on behalf of the
City of Boynton Beach, Floridaf the State of Florida
Department of Natural Resources~ Florida Boating Improvemenu
Program Project Agreement to construct restrooms~
PASSED AND ADOPTED this 20th day of March~ 1984.
CITY OF BOYNTON BEACH~ FLORIDA
Vice May~/~Q -
CoUncil Member
ATTEST:
City ~erk
(Corporate Seal
STATE OF FLORIDA
DEPARtmENT OF NATURAL 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,
Palm Beach Countv , hereinafter referred to as the COUNTY,
and Boynton Beach (City of) , hereinafter referred to as
CITY, in furtherance of an approved recreational boating program involv-
ing 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 Adminis-
trative Code.
2. The COUNTY, as the official applicant and recipient of pro-
gram funds, shall be responsible for grant administration and account-
ability. The CITY shall act as agent for the COUNTY for construction,
operation and maintenance of the project authorized by this agreement.
3. The CITY agrees to implement the recreational boating improve-
ment project known as Boat Club Park Restroom Facility (FBIP Project
No. 84 B 005 ) and as described in the project application approved
by the DEPARTMENT and attached to this agreement as EXHIBIT A.
4. The CITY agrees to begin the project on or before
March 21, 1984 , and complete the project on or before
Nov. 21, 1985 . 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, in-
cluding any interest accrued on the funds while in the possession of
the COUNTY.
5. The COUNTY shall provide the DEPARTMENT quarterly progress
reports on the project, specifying the percentage of completion of
each project element.
6. The DEPARTMENT agrees to obligate and make available to the
COUNTY the approved project amount of $ 42,000 to be used for
the aforementioned boating improvement project. The funds will be
Page 1 of 4
6. Pavment request and expenditure 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
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
expenditure made prior to the execution of the agreement with the
exception of $ N/A for the following:
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 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 documentation to
offset the amount identified, or to'return the amount due.
10 If it 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
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
or other material made or received in conjunction with the contract
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 or claim that may result from the implementation of
the project or from alleged negligence in maintenance or operation,
to the extent allowed by law.
14. If at any time a user fee system is implemented for 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.
15. For the purpose of this contract, Chrys Sullivan,
Grants Specialist~ or successor is designated as' the DEPARTMENT
Contract Manager and shall be responsible for insuring contract
performance, approving all payments prior to payment, and
serving as liaison with the COUNTY.
16. The following special terms and conditions are included
in this agreement:
none
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
IN WITNESS THERETO, the parties he~reto have caused these
presents to be executed by the officer or agents thereunton law-
fully authorized.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
Attest: By:
Date:
Elton J. Gissendanner
Executive Director
Its Agent for this Purpose
Effective Date:
BOARD OF COUNTY CO~MISSIONERS
Attest:
~r
~ ~ ~trator
Contra
By:
Date:
Its Agent for this Purpose
Page~ 4 of 4
STATE OF FLORIDA
DEI'AI~TMENT OF NATURAL
Florida Boating Impro~emen~ Progr. am
Project Application
1." Type of Project:
Project Identification
Acauisition Development X
Planning
Launch Site
Docking Facility
Channel Marking
Other (specif~)
New
Expansion
Renovation
PUBLIC RESTROOM FACILITY
X
For Office Use On_ly
Date Rece'ived
county
'2. Project Title: BOAT CLUB PARK PUBLIC RESTROOM FACILITY
· 3. Project Location: BOAT CLUB PARK LOCATED ON THE INTRACOAST~kL WATERWAY,
N. FEDERAL HI.GhK~AY, 'BOYNTON BEACH, FLORIDA
4. Brief Description of Project:
CONSTRUCTION OF A PUBLIC RESTR00M FACILITY
PROVIDING NEEDED SUPPORT SERVICE TO A BOATER-ORIENTED PUBLIC PARK
Grant Requested: $ 42,000
Source of Other Funds:
Estimated Total Project
Cost
42,000
6. Applicant Identification:
Applicant County:
PALM BEACH COUNTY
Located in City of: BOYNTON BEACH
(if applicable)
Liaison Agent: PEGGY B. EVATT, CHAIRMAN, BOAPD OF COUNTY COMMISSIO'
Appointed Representative of Palm Beach County, Board
(Name of Count),)
of County Commissioners
Address:
Phone ~--~.
/ / ./
Date: SEP 2 7 1983
DNR 42-034
Rev. ~-1-80
RD/IEWEO BY
FINANCE
INITIALS: ~
DATE: ~ [tc~[~3
JOHN B. DLINK. LE, ctr~x
Jj() Iici t;J (',utlllJy (')llll I',.k'z, IOLICI'5 -
~,' . ~""f~. ~.,,,/~:'~'~'L'~ ',
APPROV. ED--AS TO FORM AND ..
¢,,. % su
COUNTY ATTORNEY
STATE OF FLOP, l bA
DEPARTMENT OF NATURAL
Florida Boating Improv~men.t Program
P r__~e c t Application
for Development
1. ~; Ownership of Site: Federal State
2. Total Estimated Cost: $ 42,000
Local x
Type and Estimated Cost 'of Proposed Development (By Unit):
Facility
2UBLIC RESTROOM.
Contingency _ %
Total
i ~ Quantity and Unit of Measure
Specify No. and/or Fee~
I0NE (1); APPROXi~TE 500 SQ FT
(_1 0% maximu3n)
Estimated
Cost
s 0,000
$ 2,000
$ 42,000
Type and Status of Required Permits, Easements or Leases
Type: BUILDING CONSTRUCTION PERi, IT FROM Status TO BE APPLIED FOR UPON
CITY OF BOYNTON BEACH
APPROVAL OF GR.~ZY~
Recuired '=-
- ~ ~achmen~s
a. vicinity mad
COMPLETION OF CONSTRUCTION
DRAWINGS
site development plan
copies of required pe~-mits, eas e_men~s or leases or letters
stating none are required
proof of county/local ownership or other form of site control
PreZc°nstruction certification (if applicable)
gF:as
NR 42-035
FLORIDA BOATING IMPROVEMENT PROGRA=~
Grants Accountability P~licy
III.
Purpose and Accountability
This grants accountability policy establishes uniform guide-
lines and procedures to be utilized to account for grants funds
~ .... d-b~. 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 rep'orting 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.
DisburSement of Funds
Grant funds shall be disbursed by the Department direct!y~
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 ~hre_
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 projects approved for retroactive fundinc,
the total project amount will be reimbursed upon documentation
of eligible expenses.
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. .~ ~?!i',~
IV.
Ve
Purchases of Goods and/or Services
Ail purchases of goods and/or services for the accomplisk~ent
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.
Eligible ~and Ineiigible 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'~agreemerit- 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 ~o
the accomplishment of the project.
b. Ineligible - Costs for work performed by contractors
pursuant to cost-plus or contingency fee contracts.
Materials and Supplies
a. Eligible - Ail 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.
Salaries and Wages - Ineligible.
Employee Benefits - Ineligible
Equipment
a. Eligible- Actual cost incurred for the rental of equip-
ment by tke grantee from independent sources for the
VI.
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 - Ineligible.
Supporting Documentation
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 mauerials based upon the project
sponsor's normal methoi of inventory evaluation. No
warehous.e or overhead charges by the project sponsor
shall be allowed.
e
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.
VIII.
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.
Real Propert~ - A copy of the closing statement, warranty
deed and title insurance shall be submitted.
Alternate Billing Procedures.
a. The project sponsor may request advance written approval of the
Department's project administrator to submit other available
acccunting records in lieu of the specified Department forms,
IX.
Xe
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~reques~' fo~m',
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.
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.
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 projec~ sponsor in support of the project
cost included in paymen~ 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.
Real Propert~ - 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.
VIII.
Billinq
The Project sponsor shall submit the program reimbursement
request £uzm, 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 vcucher 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 pas~ent
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.
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,
DE?AR'£~,IENT OF blATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRA24
GRANT PAYMENT REQUEST
PROJECT ND~qE:
COUNTY:
PAYMENT REQUEST NUMBER: ( )One
( ) Two
TYPE OF PAYMENT: ( ) Advance
PAYMENT REQUEST PERIOD:
PROJECT EXPENDITURES' SUI~LARY
Pre-construction Expenses
Contractual Services
Materials and Supplies
Other Eligible Expenses
Total
FBIP FUNDS REQUESTED:
FBIP FUNDS REQUESTED: $
PROJECT NUMBER:
( )Three ( )Five
( )Four ( )Final
( )Reimbursement
Total to Date
$
This Request
$
Amount of Grant
FBIP Funds Previously Disbursed
Balance Avai~ab!e
FBIP Funds Requested This Payment
Balance Remaining
(
( ) Certification for Advance: i certify that work on the oroject
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 proj'ect and that
t~e amount
the progress of the project is consistent with ~
requested.
Project Administrator
Date
Financial Officer
Date
Reviewed and Approved:
DNR Contracn Manager
Dame
Chief, Office oz Rec. Servmces
Date
DNR 42-066