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Backup Documents 07/28/2009 Item #16B16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16B 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order 1. 2. 3. --- -' - 4. Scott Teach, Deputy County Attorney County Attorney's Office 5. ..sue fllSU1'l, Executive Manager Board of County Commissioners IAN i\t l""Tt-- '" €.LL 6. Minutes and Records Clerk of Courts Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees ahove. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Brandy Otero Phone Number 252-5859 Contact Agenda Date Item was 7/28/09 Agenda Item Number 16 B 16 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed <jf!/( by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. tiJ' Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on nd all changes made during the l6 meeting have been incorporated in the attached aocument. The County Attorney's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip k L, - ..p\e.CL~e.- re.-*~ry\ ~ WWS Original 9 03.04 or'~ TO BrC<."'c\j ote....o I G..v\ K ~ O\A , ~'.""'-------"'--~.','--,--..,-__.,,..._,_._....,,;.__.._,,__",'__i-.-.:"._a"~,';_",..",~,llCIf."''-'''_'',';'_'''_''''''_ -'."--'-~, .._..~- 16 B 16 MEMORANDUM Date: July 30, 2009 To: Brandy Otero, Operations Analyst Trans/Stormwater Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: DEP Contract #RM092 Attached you will find one (1) original document, referenced above, (Agenda Item #16BI6), which was approved by the Board of County Commissioners on Tuesday, July 28, 2009. After forwarding to the appropriate party for signatures, please return a fully executed original to the Minutes and Records Department so it may be kept as part of the Board's permanent record. If you have any questions, please call me at 252-7240, Thank you, Attachment .~~"~._-_._......----,,, ~ ~ 'tfll 1 ~ ,..,...\>'- "''If 4~ ,~ 16816 DEP Contract No, RM092 CONTRACT THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTlON, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399- 3000 (hereinafter referred to as the "Department") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a governmental entity, whose address is, 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "Contractor"), for the paving of Shell Island Road. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: 1. The Department does hereby retain the Contractor for the paving of Shell Island Road as defined herein and the Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Contract, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Contractor has been determined to be a vendor to the Department under this Contract, 2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products or materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. 3, The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. 4, This Contract shall begin upon execution by both parties and remain for a period of six (6) months, inclusive, In accordance with Section 287,058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. This Contract may be renewed for an additional term not to exceed the original Contract period or three (3) years, whichever is longer. Renewal of this Contract shall be in writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds, 5. A, As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a cost reimbursement basis up to a maximum of $468,875,00 for the completion of the services outlined in Attachment A. If the Contractor finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the funding provided in this Contract, the parties hereto agree to modify the Scope of Services described in Attachment A to provide for the work that can be accomplished for the funding identified above. B, The Contractor shall submit one invoice upon project completion. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, The final invoice must be submitted no later than thirty (30) days after the completion date of the Contract in order to assure the availability of funding, C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Contract Payment Requirements, (attached hereto and made a part hereof as Attachment B), the Contractor DEP Contract No. RM092, Page 1 of 6 .~- _."^>~"". 16B 16 shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows: i. Salaries/Wages - The Contractor shall not be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for Contractor's employees. ii, Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Contractor. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Contractor shall be required to reimburse such funds to the Department within thirty (30) days of written notification, Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration, Invoices for reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices, iii. Travel - Reimbursement for travel expenses and per diem are not authorized under the terms of this Contract. iv. Equipment - (Capital outlay over $1,000 in value) - The purchase of non- expendable equipment or personal property costing $1,000 or more is not authorized under the terms of this Contract. D. The Department reserves the right to amend this Contract to provide for additional services, and to provide funding for the additional services, based upon the availability of funding and receipt and approval by the Department of a budget and scope of work from the Contractor, The Contractor shall not perform, nor be compensated for, any services beyond the services described in Attachment A, unless and until this Contract is formally amended to provide funding and a scope of work for additional services, 6. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 7. 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 services for payment; the Department must submit a request for payment to the Florida Department of Financial Services within twenty (20) days; and the Department of Financial Services is given ten (10) 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 a contractor for correction(s) will result in a delay in the payment, A Vendor Ombudsman has been established within the Florida Department of Financial Services who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency, The Vendor Ombudsman may be contacted at 850-413-5516, 8. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, 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 forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of DEP Contract No. RM092, Page 2 of 6 ~. """._"~"----- I ',--""-',--- .".~,~~ _.....~,.".....""_.,__~'._'e.~.."._ -.--,",.- ..:'"_~"'.w~ --~._.- l~B 16 less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes may be obtained by calling the Department of Financial Services, Vendor Ombudsman at the telephone number provided above or the Department's Procurement Section at 850-245-2361. 9. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 10, The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract, Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination, The parties hereto may terminate this Contract for convenience as evidenced by formal amendment which clearly describes the basis for the termination. In the event that the Contract is terminated for convenience, the Contractor shall be paid for work satisfactorily completed and irrevocable commitments made. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 11. 11. Any and all notices shall be delivered to the parties at the following addresses: Contractor Department Collier County Board of Rookery Bay National Estuarine County Commissioners Research Reserve Road Maintenance Department, Stormwater Attn: Randy McCormick Attn: Gerald Kurtz 300 Tower Road 2885 S. Horseshoe Drive Naples, Florida 34113 Naples, Florida 34104 12. The Department's Contract Manager is Randy McCormick, phone 239-417-6310, The Contractor's Contract Manager is Gerald Kurtz, phone 239-252-8192, All matters shall be directed to the appropriate Contract Manager for action or disposition. 13, This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Contract, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 14. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied, The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. RM092, Page 3 of 6 - """'-'""'~'%~--"""'_._-~~.. '!'--'''-'-'~-- " ..,....,--"----~ """"'..,_"~,"""".....",,,....._,,.,,~~, "f' rr-- .....-,.,.-..-.,-".-. ,._..,.~.",-,-- 168 16 15, The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. 16, The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. This Contract 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 Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract 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 Contract, Any action hereon or in connection herewith shall be brought in Leon County, Florida. 18, No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract, 20. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 21. A, No person, on the grounds of race, creed, color, national origin, age, sex, 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 Contract. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850-487-0915. 22, This Contract is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 23. A, The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses DEP Contract No. RM092, Page 4 of 6 .." "~" _',,,~~.....-" .,,- ---~- -"~"""'- 168 16 or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract, B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at 850-487-0915, 24. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor, Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 25. The Contractor warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. 26. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing, Any change order which causes an increase or decrease in the Contractor's cost or time shall require formal amendment to this Contract, 27, A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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, F.5., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list, 28, All tracings, plans, specifications, maps, computer files and or reports prepared or obtained under this Contract, as well as data collected, together with summaries and charts derived therefrom, shall be considered works made for hire and shall become the property of the Department upon completion or termination of this Contract, without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Contract, The Contractor shall provide the Department with all appropriate source code for use. Upon delivery to the Department of said documents(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes, DEP Contract No, RM092, Page 5 of 6 ,.~..,~ ~-~"'... lIIlJ '."_ _"""'<_0 .._.._>~ ......'" "'_.'~'_"'_'_'m'''"'''_'"_'_ 16 B 16 29. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations, The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 30. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide e-procurement system, Pursuant to rule 60A-1.032(1), Florida Administrative Code, this Contract shall be exempt from the one percent (1%) transaction fee. 31. This Contract represents the entire agreement of the parties, Any alterations, variations, changes, modifications or waivers of provisions of this Contract 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 Contract, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below, BOARD OF FLORIDA DEPARTMENT OF lONERS d ENVIRONMENTAL PROTECTlON By: ~ By: Title:Bonna Fiala, Chairman Director, Office of Coastal and Aquatic Managed Areas or designee Date:-.2J <9.q JD9 Date: =rjllJ /0,/ Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 QJ. ~....... FEID No,: 59-6000558 DEP Contracts Admi trator Approved as to form and legality: ATTEST c ----bOM. ~ ~ DWIGHt'E. BROCK, ~l.ERK -.. ~ DEPAttolney B' " . . . .., eo as part of this Contract: ,f "'at...... Oft I . Specify Letter I Type Number Descriotion (include number of pages) Attachment A Scope of Services (2 Pages) Attachment B Contract Payment Requirements (1 Page) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK J:ii'7?;!:{'.~ DtJ Ltl Ca-A7 A~ DEP Contract No. RM092, Page 6 of 6 ,>.~.~ ,"''''~,'''''--''''''>''---.>' .~ ''''-'''~''''''''"''''''''. _JI ,l. #,"~-'-,~",'",~~--_ 168 16 ATTACHMENT A SCOPE OF SERVICES Rookery Bay National Estuarine Research Reserve (Department) and Collier County (Contractor) have agreed to pave Shell Island Road (hereinafter referred to as the Project). The Project is located within Rookery Bay National Estuarine Research Reserve in Collier County and is funded by the State of Florida, The Project is an approximately three-mile long limerock road that provides vehicles access to the Department's field station, and related facilities, that support the Department's mission at Rookery Bay, Description of Project Work The work will include the following elements: . rebuilding and re-grading the existing road bed as necessary to prepare for paving; . paving of roadway; and, . the addition of traffic calming devices if funding is available. The Contractor shall solicit bids for the roadway, The solicitation will include a bid alternate for traffic calming devices. The bid alternate will be included in the work if funding allows, The Department and Contractor will work together in a collaborative partnership to construct a paved surface and traffic calming devices on the project in order to minimize ongoing environmental degradation from storm water runoff of the existing road, to provide cost saving for the long term maintenance of the project and to enhance public safety. The Contractor has agreed to subcontract the actual construction work to be completed under the Project and to perform all project management and administration of the Project, Replacing materials shown on the construction plan with an equivalent one by the subcontractor will require prior authorization in writing from the Collier County Contract Manager, In addition, a change in supervisory personnel by the subcontractor shall require prior authorization from the Collier County Contract Manager, It shall be the subcontractor's responsibility to notify the Collier County Contract Manager, in writing, of any construction problems or additional construction needs, The Collier County Contractor Manager shall keep the Department Contract Manager up to date on all aspects of the Project, Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order completed by the Contractor and their subcontractor prior to performing additional services. However, in no event shall any increase in cost result in a total cost of services which exceeds the value of this Contract ($468,875). The Contractor and their subcontractor shall communicate frequently and maintain a working schedule after the Notice to Proceed has been issued, The written schedule is required to be kept current with the progress of the work, Should the schedule be changed, it shall be immediately up-dated, The subcontractor shall provide all materials, labor, equipment, mobilization/demobilization, any other necessary effort, element and/or component(s) needed to complete the work in its entirety per plans and at the Bid Price submitted, DEP Contract No. RM092, Attachment A, Page 1 of 2 ._-,~-- ..-.., M_"',"" .. , . '--'-~- 168 16 On a twenty-four (24) hour basis, the subcontractor may be required to travel to the site immediately to meet with the Contractor, law enforcement or emergency personnel to resolve an emergency, The subcontractor shall respond to a telephone, beeper, or radio call within one (1) hour, There shall be no additional charge for these responses, The disposal of all debris and construction litter must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Bid Price submitted. Maintenance of Traffic shall be the responsibility of the subcontractor and it is to be placed prior to construction, Should the subcontractor not place and/or properly maintained the Maintenance of Traffic (M,O,T,) the subcontractor's Project Manager will require the Project work to cease until the proper M,O.T. has been placed and/or maintained. The subcontractor shall comply with the requirements of Collier County's Maintenance of Traffic (M,O,T,) Policy copies of which are available through the Risk Management or Purchasing Department. The subcontractor shall obtain and review the Collier County M.O.T, Policy Requirements and shall comply with these during construction, This Project will require a Performance and/or Payment Bond by the subcontractor and it shall be submitted to the Contractor Drior to commencement of any work, Utility locates shall be conducted prior to commencement of work, Soft digging, pot holing and/or any commonly approved method at the subcontractor's discretion may be used to locate existing utilities. Permitting The Department shall be responsible for securing any required environmental permits for conducting work on the project prior to the initiation of the work, Project Administration The Contractor will be responsible for the services to be performed by their subcontractor as well as to serve as the Project Administrator, The following Project Administration services shall be performed by the Contractor: . The Contractor shall be responsible for bidding out the paving work outlined herein, . The Contractor shall be responsible for providing construction project management for the Project pursuant to the Department Permits, . The Contractor shall fully administer the services set forth above as well as any additional services which may become necessary as agreed to by the Department. . This is a time sensitive project and the Contractor shall ensure that the Project is completed on schedule, . The Contractor shall submit an itemized invoice to the Department for reimbursement upon completion of the Project, . This Project is scheduled to begin after the completion of the current SIR Restoration project RM086 with Collier County, it is anticipated that the project will begin in mid-July, 2009 and be completed by December 31, 2009. DEP Contract No. RM092, Attachment A, Page 2 of 2 ~... " ---'"".. ".... . .. ". .-- _,_"'_,,'c_"""___ 168 16 ATTACHMENT B Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: htto://www.fldfs.com/aadir/reference%5Fquide/. DEP Contract No. RM092, Attachment S, Page 1 of 1 "'~"~-~---...- ------.- r ",,""'-,,-,~--_.. ~ . ""'-.,---