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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-052Temp. Reso. #9302 - Page 1 2/28/01 0 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-52 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $100,000 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $100,000 WITH A CITY MATCH OF $100,000 FOR A TOTAL PROJECT COST OF $200,000, FROM THE LAND AND WATER CONSERVATION FUND (LWCF) TO PROVIDE THE RESIDENTS AND VISITORS OF TAMARAC ENHANCED PARKS AND RECREATION PROGRAMS AT MCNAB PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and WHEREAS, the City of Tamarac applied to the Division of Recreation and Parks of the Florida Department of Environmental Protection (DEP) for a Land and Water Conservation Fund (LWCF) Grant in the amount of $100,000 to develop McNab Park for public outdoor recreation and was awarded the grant; and 0 Temp. Reso. #9302 - Page 2 2/28/01 WHEREAS, the City Manager and the Parks and Recreation Director recommend acceptance of grant funds for McNab Park and execution of an Agreement between the Florida Department of Environmental Protection and the City of Tamarac relating to said grant funding; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept grant funding for McNab Park and execute DEP's grant agreement for grant funding in the amount of $100,000 with a City match of $100,000 for a total project cost of $200,000 to develop recreation and park facilities at McNab Park to serve the needs of our residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac hereby accepts the grant award in the amount of $100,000 from the Florida Department of Environmental Protection Land and Water Conservation Fund. 0 Temp. Reso. #9302 - Page 3 2/28/01 0 SECTION : appropriate Officials are authorized to execute the 3 The pp p riate City Florida Department of Environmental Protection, Land and Water Conservation Fund Program, Fiscal Year 1999-2000, Development Project Grant Agreement (DEP Contract Number LW00389) for grant funding in the amount of $100,000 with a City match of $100,000, a total project cost of $200,000, attached hereto as Exhibit 1. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or app t'cation,-it shall not affect the validity of the remaining portions or applications of this Resolution. 0 Temp. Reso. #9302 - Page 4 2/28/01 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 141" day of March, 2001. ATTEST: MARION WENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approM t1is RESOLUTI as to f m. ITCHEtVS. KRAFT CITY WFTORNEY "ilbINS ..- RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN . DIST 3: COMM. SULIA DIST 4: VIM ROBERTS TE • • Ternp. Reso. #9302 Exhibit 1 �J • 12-00389 (LWCF Project Number) LW00389 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FISCAL YEAR 1999-2000 DEVELOPMENT PROJECT GRANT AGREEMENT This Project Agreement is entered into on this day of 20 , by and between the Florida Department of Environmental Protection, (hereinafter referred to as "Department"), and the CITY OF TAMARAC hereinafter referred to as "Grantee"), in furtherance of an approved outdoor recreation Project. WHEREAS, the Department is given the authority to receive funds for the purpose of passing through the agency as grants to other entities in Section 375.021, Florida Statutes, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and WHEREAS, the Grantee has submitted Project Application number 66.00 , which has been approved by the Department; NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows: 1. This Project Agreement shall be performed pursuant to the Land and Water Conservation Fund (LWCF) Act of 1965, Public Page 1 of 15 Law 88-578, 78 Stat 897, as amended, (hereinafter referred to as "Program"), and in accordance with general provisions for such agreements prescribed by the United States Department of the Interior (hereinafter referred to as "USDI") in the LWCF Grants Manual, (hereinafter referred to as "Manual"). The Grantee agrees to become familiar with all provisions and comply with the Manual, which is incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2. By acceptance of the Program grant, the Grantee agrees to comply with all applicable laws, regulatory requirements, policies and the Manual. The Grantee further agrees to cooperate with the Department in all aspects of compliance with all laws applicable to use of Program funds. It is the intention of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Project Agreement. 3. The Department has found that outdoor recreation is the primary purpose of the Project known as McNab Park, LWCF Project number 12-00389 (hereinafter referred to as "Project"), and enters into this Project Agreement with the Grantee for Page 2 of 15 development of outdoor recreation facilities and improvements on real property is owned or sufficiently controlled by the Grantee. The legal description and approved method of site control of said real property are set forth in full in the Project application. The Project application is incorporated into this Project Agreement by reference as if fully set forth herein. 4. Prior to commencement of the Project, the Grantee shall submit for Department approval the documentation described in the Land and Water Conservation Fund Program Required Project Commencement Documentation Form, DEP form 42-008, incorporated herein and available from the Contract Manager of the Department. 5. The Grantee shall construct, or cause the construction 0 of specified outdoor recreation facilities and improvements, (hereinafter referred to as "Project Elements"), upon the real property identified in Paragraph 3 herein. The following shall be considered the Project Elements, which may be modified with good cause by the Department: Construction of multipurpose exercise trail, picnic facilities and other related su2Port facilities. 6. The Project Elements identified in Paragraph 5 herein shall be designed and constructed substantially in accordance with the conceptual site development plan contained in the Project application. Project site facilities shall be attractive for public use, and generally consistent and compatible with the 0 environment. Plans and specifications for Project site Page 3 of 15 improvements and facilities shall be in accord with current and established engineering and architectural practices. Emphasis, should be given to the health and safety of users, accessibility to the general public, and the protection of the recreation and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer. Project planning expenses for development projects (e.g., architectural and engineering costs, permitting fees, project inspection, etc.) are eligible project costs provided such costs do not exceed fifteen percent (1.5%) of the project cost. 7. The Grantee shall complete all Project construction by the construction completion date, 8. Within thirty (30) days of completion of the Project and prior to release of the final payment, the Grantee shall submit for Department approval the documentation described in the Land and Water Conservation Fund Program Required Project Completion Documentation Form, DEP Form 42-071, incorporated herein and available from the Contract Manager of the Department. 9. Execution of this Project Agreement does not relieve the Grantee of the responsibility to comply with all applicable federal, state, county, or municipal laws, ordinances or rules nor is the Grantee relieved of the responsibility to obtain any p management agreements ement a reements or leases which are required by 0the Department or any federal, state, county or municipal agency for development of the Project site. 10. The Department shall transfer, on a reimbursement basis to the Grantee, the eligible grantee.amount not to exceed $ 100,000 which will pay said Program's share of the cost of the Project. Program fund limits are based upon the following: Total Program Amount 4) luu,uuu Grantee Match Amount $ 100,000 Total Project Cost $ 200,000 Type of Match Land Value Program funds may be released at the discretion of the Department, upon the request of the Grantee's duly authorized Liaison Agent. Project reimbursement requests shall include all documentation required by the Department for a proper pre -audit and post -audit review. The Department's Contract Manager shall, within sixty (60) days after receipt of a complete payment request, review the submitted documentation and Project work accomplished to date and, if complete pursuant to requirements of this Project Agreement, approve the request for payment. 11. The Department and the Grantee fully understand and agree that there shall be no reimbursement of funds by the Department for any obligation or expenditure made prior to the execution of this Project Agreement with the exception of $0, for: n/a. 12. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure attached hereto as Exhibit "A" and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee's adopted procurement procedures. Expenses representing the Project costs, including the required matching contribution, shall be reported to the Department and summarized on certification forms provided with the Procedure. The Department and Grantee agree to use the Procedure guidelines in accounting for Program funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the Procedure shall be used. 13. This Project Agreement may be canceled by the Department without prior notice for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Project Agreement and subject to the provision of Chapter 119, Florida Statutes. 14. In accordance with the LWCF Act, Program funds will be made available based upon an annual appropriation to each State by Congress. 15. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall Page 6 of 15 0 comply with all applicable laws and the Manual. Following 0 completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. 16. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 17. This Project Agreement strictly prohibits the expenditure of Program funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. All moneys expended by the Grantee for purposes contained herein shall be subject to pre -audit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. Supporting documentation for expenditures shall be provided by the Grantee in accordance with the Procedure. 18. The Department and USDS shall have the right, through its agents, servants, and employees designated for that purpose, to inspect the site of the Project and the facilities thereon at any reasonable time. 19. Following receipt of an audit report identifying any refund due the Department for noncompliance by the Grantee with said Project Agreement, the Grantee will be allowed sixty (60) Page 7 of 15 days to submit additional pertinent documentation to offset any amount identified as being due the Department. The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any refund due the Department. 20. The Department shall have the right to demand a refund, either in whole or part, of the funds provided to the Grantee for noncompliance with the terms of this Project Agreement. 21. If the United States, acting through the USDI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to refund and will forthwith repay directly to the Department the amount of money demanded. 22. The Department's Contract Manager for this Project Agreement, shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent shall act on behalf of the Grantee relative to provisions of this Project Agreement and shall submit to the Department signed quarterly Project status reports, on a calendar basis, summarizing work accomplished, problems encountered, percentage of completion and other pertinent information. Photographs shall be submitted with Page 8 of 15 status reports, when appropriate, to reflect construction work accomplished. 23. By acceptance of the provisions of this Project Agreement, the Grantee does hereby dedicate the Project site and all land within the Project boundaries, identified in Paragraph 3 herein, to the public in perpetuity as an outdoor recreation area. The Grantee further agrees that the execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable this dedication. 24. The Grantee agrees to operate and maintain the Project site in perpetuity. The Project site, Project related facilities and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph herein. Page 9 of 15 25. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than outdoor recreation without prior approval of the USDI pursuant to Section 6(f)(3) of the LWCF Act and the Manual. 26. When completed, entrance to Program sites and facilities thereon must be uniformly made available on a non- exclusive basis to the general public. No person, on the grounds of race, creed, color, national origin, age, sex, marital status, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this agreement. Reasonable differences in admission fees may be maintained on the basis of residence, in accordance with provisions of the Manual. 27. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 28. Any local governmental entity, nonprofit organization, or for -profit organization that is awarded funds from a grants and aids appropriation by a state agency shall, one year after project completion: (a) If the amounts received exceed $100,000.00, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; Page 10 of 15 25 (b) If the amounts received exceed $ ,000.00, but do not 0 exceed $100,000.00, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Project Agreement; or (c) If the amounts received do not exceed $25,000.00, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Project Agreement. 29. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests. The Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to the Grantee for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department'of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State Page 11 of 15 of Florida agency. The Vendor ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 30. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the Grantee requests payment. The interest rate established pursuant to Section 55.03(1),Florida Statutes, by Comptroller's Memorandum No.'3 (1997-98) dated December 3, 1999, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 31. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 32. If The Grantee is subject to the provisions of Office of Management and Budget (OMB) Circular #A-133, then the Grantee Page 12 of 15 shall furnish a copy of the required independent financial and 9 compliance audit to the Department within 30 days after furnishing the original audit to OMB. 33. if through any cause the Grantee should fail to fulfill in a timely manner the obligations under this Project Agreement, or if the Grantee should violate any of the covenants, agreements or stipulations of this Project Agreement, the Department shall thereafter have the right to terminate this Project Agreement without prior notice. In the event the Department so terminates this Project Agreement for such violation, the Department is not required to compensate the Grantee for any expenses incurred after termination. 0 34. The Grantee and the Department mutually agree to the following special terms and conditions incorporated as part of this Project Agreement: None 35. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon Page 13 of 15 County, Florida. 36. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications, or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto and attached to the original of this Project Agreement. • • Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have caused these presents to be lauly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks And State Liaison Officer Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 0 COL, U1, DEP Contract Manager ATTEST: Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley,, Assistant General Counsel, on 12/15/2000, for use for one year. FPS-A055 12-15-00 0 Page 15 of 15 CITY OF TAMARAC r By: 1(; - �-)_ Z 4 E SCHREIHER Title: MAYOR Address: 7501 North University Drive Tamar Florida 33321 JEFF L OMILLER, CITY MANAGER ON SWENSON, CMC, COY CLERK %Antee Attor ey MITCHELL S. KIZAK, CITY ATTORNEY EXHIBIT GRANT ACCOUNTABILITY PROCEDURES AGREED UPON BY THE PARTIES Applicability The *'**Grant Accountability Procedures" establishes uniform guidelines agreed upon by the parties for utilization in accounting for grant funds disbursed through grant programs administered by the Bureau of Design and Recreation Services, Division of Recreation and Parks, Department of Environmental protection for the mutual benefit of the parties. These procedures set forth principles for determining eligible costs, supporting documentation and minimum reporting requirements to assist both parties. Disbursement of Funds Funds shall be disbursed by the Bureau in accordance with good cash management principles. Grant funds shall be disbursed as set forth within the agreement and provided for by law. The Bureau may retain up to 10% of its obligation in order to insure compliance with agreement terms and conditions. Retained funds shall be released upon satisfactory completion of said terms and conditions. Disbursement terms shall be negotiated by the 1 parties prior to execution of the agreement and shall be clearly identified in the agreement between the Department and grantee. Reimbursable Costs To be eligible for payment under a project grant agreement, costs must be necessary and reasonable for accomplishment of the project and be directly allocable thereto pursuant to State or Federal laws, rules, and regulations. Cost must be incurred and work performed within the agreement period with the exception of preagreement costs allowed by law or rule and specifically identified within the agreement. Costs cannot be allocable to or included as a cost of any other State or Federal financed program agreement. Costs must be net of in the unless clearly specified all applicable credits such as purchase discounts, allowances, sales of scrap, and income from incidental services. The following paragraphs identify eligible and ineligible costs under actual cost contracts subject to any limitations of State or Federal law. Contractual Services Services provided for a grantee by private or independent contractors shall be evidenced by a formal agreement or contract executed by all appropriate parties specifying the exact terms 2 and conditions. Competitive bid specifications and actual bids received shall be maintained by the grantee. The Contractual Services Purchases Form FPS-A026, attached hereto and incorporated herein as Exhibit "B", shall accompany payment requests for contractual services. The contractor's name, check or voucher number, contract invoice number, a general description of the services provided, and related project element shall be reported. Eligible - Costs of work performed by private or independent contractors that are directly related to the accomplishment of the project. Ineligible - Costs for work performed by private or independent contractors or consultants pursuant to cost plus or contingency fee contracts. Salaries and Wages Payroll registers or journals, payroll warrants, and other financial source documents shall be maintained to substantiate the rates of pay and actual payments to grantee employees. Hours of work reported for grantee employees shall be supported by individual time records, project activity reports, or other operational cost records signed at a minimum by the immediate field supervisor (foreman). These record shall reflect the 3 general categories of work performed - The Labor and Travel Cost Form FPS-A027, attached hereto and incorporated herein as Exhibit "C", shall accompany payment requests for reimbursement of salaries and wages of grantee employees. The following information shall be reported: a. Last name of employee, initial, and social security number; b. Job classification and description of work performed; C. Project hours this billing; d. Rate of pay; e. Labor cost this billing; 0 f. Travel per diem costs, if applicable. Eligible - Salaries and wages of employees for the performance of work directly related to the accomplishment of the project. Hourly wage rates shall be calculated by dividing the employee's regular gross annual salary for pay purposes by 21080 gross annual work hours. Overtime charges for such employees shall be eligible costs provided they are necessary. Overtime charges shall be computed in accordance with the grantee's normal procedures for payment of overtime to employees. • 4 Ineligible - Salaries and wages of employees responsible for administration and general activities who do not perform work directly related.to accomplishment of the project. Salaries and wages of employees applicable to vacation, sick leave, or holidays. Salaries and wages of employees performing routine daily servicing of equipment including general maintenance and repair work. Fmpl.oy®e Benofita Calculations and supporting documentation used to determine the actual cost percentages incurred by the grantee for employee benefits shall be maintained by the grantee. Employee benefits shall be reported as a line item on payment requests. Eligible - A percentage of eligible salaries and wages of grantee employees may be allowed as a reasonable reimbursement for benefits. The allowable percentage shall be calculated based on one of the following methods. I. A maximum of 15% of eligible salaries and wages of employees who accrue annual, sick and holiday leave from the grantee; plus a maximum of 25% of eligible salaries and wages of employees who receive other benefits (such as FICA retirement, health, and life 5 r insurance, and workers compensation) from the grantee; is 103ig II. The actual cost percentage incurred by the grantee for employee benefits, if greater than the maximum of 40% as in (I) above, provided that the actual cost percentage can be documented by the grantee. Ineligible - Employee benefits in excess of the rates as established by the above methods. Materials and Supplies 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 an employee assigned to work on the project along with a description of the general use for such materials or supplies. Purchase orders, requisitions and competitive bid documentation as applicable shall be maintained by the grantee for such purchases. canceled warrants shall be maintained as evidence of payment for such purchases. The Direct Material Purchases Form FPS-A028, attached hereto and incorporated herein as Exhibit "D", shall accompany payment requests for direct material purchases. The vendor's r.1 L name, check,or voucher number, vendor invoice number, cost, a general description of items purchased, and related project elements shall be reported. Eligible All costs of materials and supplies consumed or expended in accomplishing the project including direct purchases from vendors as well as withdrawals from grantee's stock. Ineligible - Costs of small tools (e.g. shovels, saws, hammers, drills) and clothing or uniforms worn by employees except that clothing worn for safety purposes is eligible. operating expendable or replacement parts purchased for grantee owned equipment used on the project. Equipment Equipment usage logs, project activity reports, or other operational cost reports shall be maintained to reflect the daily use of each piece of equipment.' These records shall reflect the general work performed and the name of the equipment operator as well as the actual dates and hours of use. These records shall be signed at a minimum by the immediate field supervisor (foreman). Invoices and other documentation such as canceled checks and purchase orders shall be maintained to support charges for rental costs of equipment obtained from 7 y + indepq endent'sources. The Equipment Cost Form FPS--A030, attached hereto and incorporated herein as Exhibit "E", shall accompany payment request for equipment rental costs or for utilization of grantee owned equipment. The type of equipment and general use shall be reported along with rates or rental costs, actual operating hours and operating allowances. Eligible - All reasonable costs for equipment which is required to be used or kept available at the site for accomplishment of the project. I. The actual cost incurred or the rental of equipment by the grantee from independent sources for the time such equipment is used or required to be available to accomplish the project. II. Rental rates for the use of grantee owned equipment provided the use of each piece of equipment is for accomplishment of the project. ineligible - costs of repairs or servicing of grantee owned equipment. Rental charges subsequent to completion of the need for a piece of equipment for the project. Purchase of equipment for accomplishment of the project. 11 '� Grantee Stook Materials or supplies taken from grantee's stock or inventory shall be supported by material requisitions or other job order project cost records signed by the storekeeper and employee assigned to work on the project. These source documents shall describe items in detail and identify the general use of such materials in the project. Appropriate records (e.g. vendor invoices, canceled checks) shall be maintained to support unit costs of the materials based upon the grantee's inventory, evaluation. An inventory system with procedures and records in accordance with generally accepted accounting principles should be maintained by the grantee. No.warehouse or overhead charges added by the grantee shall be allowed. The Stock Material Cost Form FPS-A029, attached hereto and incorporated herein as Exhibit "F", shall accompany payment requests for materials utilized from the grantee's stock or inventories. The material requisition date and number, general description of materials used, and applicable costs shall be reported. indirect Costs Indirect costs shall be calculated at the approved rate and shall be reported as a line item on payment requests. No P c 2 n documentation need be supplied for an specific supporting PP .approved cost rate unless specified in the agreement. Eligible - a percentage of eligible costs incurred by the grantee which shall not exceed fifteen percent (15%) of eligible salaries and wages of agency employees (not to include employee benefits), is eligible as indirect costs. The Bureau is authorized to approve a greater rate when an agency documents the need for such rate using generally accepted accounting standards, or when a greater rate is required for the administration of federal funds, except that no rate shall exceed that established by law. Ineligible -- Indirect costs in excess of the rate established by statute or these procedures. Record Retention and Audits The agreement executed between the Department and grantee establishes the eligible costs, supporting documentation, and billing requirements for the project. In addition to the billing requirements contained in the agreement, grantees, upon request of the Auditor General and Comptroller of the State of Florida, pursuant to their statutory authority, or the Department, shall supply documentation (e.g. payrolls, paid invoices, canceled checks, indirect cost calculations) to support their billings. • 10 Costs connected with the solicitation or receipt of a grant or contract shall be the responsibility of the grantee and not eligible for payment, except for allowed planning expense set forth in the Florida Administrative Code governing the programs administered by the Bureau. anal records in support of The grantee shall retain all orig' project costs included in the payment requests for three fiscal years after the fiscal year in which final grant payment was made to the grantee, except that such records shall be retained until resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year �.. retention period. All records of the grantee in support of project costs included in payment requests shall be subject to review by the Bureau, the Auditor General, State Comptroller, federal auditors or others who may be authorized to audit the records of the Bureau which involve the grantee. Records of the grantee shall be made available at a time and place specified by the reviewer. sm T a N rn 07 Irn Aj rt : CL � A c � ? m O a : 8(D 13 v m °= m "a c c SO 0) m D a m n n p. o c3u rn In C� n CD o ~i 0 o c CD B. a ca C CL ID C v m cr C O 01 C Q � � C cr C m m O Q CD .B T. c to w m � 0 c as c� 0 CL m a f° CL O a r s n D 0 CXI o m Z p N * o' CD c� *W (D o * ° Z 5 3 co - *U) o 0 sti * * ov CD n CL * C A v Z �? * CD CA CD CD �o� * c *m n C Q (D * o ton M * (R oo n C) =ro o n * a * m' * Z at * p� 3 � m CL eD * a -V Z 0 o, 3 rn * m m0 CD .1. CD rt * * a� * * b V1 4 N v n 00 b A q Er o � CD No Text n m C. cn w. 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CD o- c n CL o r-LE H b 0 A an o ©aq G W vQi O Oe rj 0 uq 0 97 9 r-L* 0 * Q * CvD * iF aF dF �t iF �F iF tz '► 9F 1P �MGi H O tmO ro * pkrJ� a * * �b do cal 0-i *d �n * o * CD "TJ t, * CrJ * r+ * * V�i C'D G. * * o dF * * * * * * * EXHIBIT F Department Of Environmental Protection Actual Cost Contract Payment Request Date; (Grantee) (Project Name and Number) Billing Period: Billing #: DEP Division: Recreation and Parks DEP Program: LWCF Project Costs This Billing Cumulative Project Costs Contractual Services FPS-AO40 $ $ Grantee Labor FPS-A041 $ $ Employee Benefits ( % of Salaries) $ $ Direct Purchases: Materials & Su lies FPS-AO42 $ $ Grantee Stock FPS-AO43 $ $ Equipment FPS-AO44 $ $ Land Value $ $ Indirect Costs $ $ (15% of Grantee labor) TOTAL PROJECT COSTS $ $ CERTIFICATION: I hereby certify that the above CERTIFICATION: I hereby certify that the documentation has expenses were incurred for the work being been maintained as required to support the project expenses accomplished In the attached progress reports. as reported above and is available for audit upon request. Project Administrator/Date Project Financial Officer/Date DEP USE ONLY STATE FUNDING PARTICIPATION: % Total project costs to date State Obligation to date State retainage (_%) State obligation remaining State funds previously disbursed State funds due this billing Reviewed and approved by: DEP Project Administrator/Date Designee/Date FPS-A029 Revised (11/00) NAgrants\Forms\Grantee Contract Packet\ACTUALPY,DOC E11 Division Director or r� 0