Fort Walton Beach Council agenda — 05-09-06 ‎(regular)‎ — reading text

De,cJ(5-tJ - Sv..dt fYltLrJ ~ -(I x IV c. FIXED CONTRACT JOB# 510 03/ 21/2006 CONSTRUCTION AGREEMENT AGREEMENT between City of Fort Walton Beach ( Herein referred to as " Owner"), and Decks N Such Marine. Inc., ( herein referred to as " Contractor"): WHEREAS, Owner is desirous that the Contractor Install a 5ft x 536ft seawall. At Sound Rotary Park, Miracle Strip Pkwy., Fort Walton Baech, FL. 32578 ( Herein Referred to as the " Owners Property "). SECTION ONE DESCRIPTION OF WORK Contractor will furnish all labor, equipment, and material to construct and complete in a good, workmanlike, and substantial manner the following work: Install the first Sft x 150ft Shore Guard 225 Vinyl seawall in front of the existing seawall. The next 386ft will be installed upland of the existing wall. The sheets will be 10ft long, and are 5 ft exposed and 5ft unexposed. The wales are double 2x6 treated front, and single 2x6 treated landward. The tie backs are ~" x 12' stainless steel, fastened to 5" x 7" dead man piles. The cap is 2x12 treated wood cap. All fasteners are Stainless Steel. The Rip-Rap is Class 1 Limestone, and is an estimated quantity for a 3ft x 6ft slope from the wall. The Rip- Rap will be installed on the first 150ft of seawall only. The backfill is an estimated quanity that will fill from the top of the wall back upland 15ft. This bid is based on drawings by Connelly & wicker Inc. SECTION TWO CONSTRUCTION COSTS Contractor shall construct and owner shall pay total cost of construction of 5ft x 536ft seawall Sign to accept each item desired; 7O"ftA.-/ Shore Guard 225 vinyl wall sheets 16, 785. 73) xl p(3) 1. 3Z. 95 Seawall ( excluding vinyl wall sheets) 150ft of Class - 1 Limestone Existing wall (100CY) 46, 347. 22) 13, 881.71) J= X X Backfill Labor 10, 500. 00) X Payments will be made as follows: 1. Permit Application fees to DEP/ACOE and architect' s DEP/ACOE permit prep fee if applicable, see pennit schedule following) 2. Mobilization and material draw 50% of total contract. Local building permit ( see permit schedule following) Destin Harbor (NPEB) licable, see permit schedule following) fee (if aP1? 3. Progress payment [ See Draw Schedule] initial Decks N Such Marine, Inc. P. O. Box 327 Ft. Walton Bch., FL 32549 Office: 850- 314- 0444 Fax: 850- 314- 0445 FIDS " LLC" 850- 543- 4439 PROPOSALS FOR SOUNDSIDE PARK FORT WALTON BEACH FLORIDA The following is considered to be a work order when signed by the customer and a representative of this company. The work order is to include all equipment, labor and materials for said job. Proposal 1: For the construction of 536 feet of 225 series vinyl seawall wi th 5 foot of exposure to include tiebacks and anchors the total cost will be $ 70, 000. 00. This price does not include additional backfill, as this will not be required. If unforeseen problems occur that require additional equipment, materials, and labor an addendum to this contract will be initiated. Proposal 2: For the placement of 150 feet ( 100cy) of Class I limestone the total cost will be $ 16, 000. 00. This price will include any and all materials, equipment, and labor required to complete the tasking. If additional equipment is required for this task due to unforeseen factors, an addendum to work will be initiated. COMPLETION OF WORK WILL BE WITHIN A TIMELY MANNER AFTER COMMENCEMENT. A SPECIFIC TIME FRAME CANNOT BE GIVEN AS UNFORSEEN FACTORS MAY AFFECT COMPLETION ON A SCHEDULE. DAMAGE TO THE WORK IN PROGRESS. FROM ANY FACTOR THAT REQUIRES REPLACEMENT OR REWORK WILL BE AT THE COST OF THE CUSTOMER. PAYMENT SCHEDULE WILL BE AS FOLLOWS: ~ OF ANY CONTRACT AMOUNT AFTER SOME MATERIALS AND WORK HAS BEEN IN PROGRESS FOR 1 WEEK. THE REMAINDER WILL BE DUE UPON COMPLETION OF EACH ACCEPTED PROPOSAL. Thank. you, vIr Shawn M. Fidler 850) 543- 4439  CITY COUNCIL MEETING May 9, 2006 Consent Agenda Consideration of a request to authorize the repayment of $ 12, 496. 38 in disallowed COPS grant expenses City Manager) Council Action 1st 2nd Vote: Agenda Item Number: CA- 6  C, ITY OF FOR.T WALTON 'B6AC, t- t Memorandum TO: Joyce Shanahan, City Manager THROUGH: Ted Litschauer, Police Chief FROM: Charlotte Dunworth, Financial Analyst RE: COPS Audit DATE: May 4, 2006 Backaround The City was awarded three Community Oriented Policing ( COPS) grants in the 1990s - one COPS Fast grant 1995) and two COPS Universal Hiring Program grants ( 1996 & 1997). The purpose of both grant programs was to provide three- year funding for salaries and benefits of officers engaged in community policing. Two additional officers were hired under each grant. Discussion The US Department of Justice, Office of the Inspector General, conducted a site visit in 1999 to review the three grants awarded to the City. An audit report was issued in June 2000. The audit identified seven recommendations that required action prior to the audit being closed. To date, six of the seven recommendations have been resolved. The outstanding recommendation involves questioned grant costs. The audit report states " grantees are only eligible for reimbursement for costs approved in a financial clearance memorandum." The grant manuals received by the City did not mention that the maximum local match percentage was determined by the Financial Clearance Memorandum ( FCM). In fact, no reference at all was made to the FCM in either grant manual. The audit report was the first time the City was notified of non-compliance with the local match percentages. In addition to noting non- compliance with the overall local match percentage for all three grant, the audit report states the City is in non- compliance with annual match percentages for the Universal grants. The FCM' s for the Universal grants list the total federal and applicant share per officer, but do not indicate that the federal and applicant share vary per year. Neither the grant manuals nor FCM' s provide any indication that there is a specific annual local match requirement. Quarterly Financial Status Reports were submitted based on the conditions of a minimum 25% local match over the life of thegrant and decreasing the federal share annually, as stated in the grant manuals. During the grant period, the City was never notified of non- compliance based on the information provided on the quarterly financial reports. The City complied with the guidelines of both the Fast and Universal programs as set forth in the grant manuals by providing a local match of no less than 25% for each grant and increasing the local match percent each year. The audit report indicates total questioned costs of $ 32, 972, comprised of the following amounts: $ 12,403 Fast; $ 14, 897 Universal 1; and $ 5, 672 Universal 2. These amounts were deemed unallowable because the local match percentageon the FCM was not met for any of the grants and the salaries and benefits claimed under the Universal grants were higher than allowed on the FCM. The City strongly believes it complied with the guidelines of all three grants based on the information available during the grant periods. A local match of no less than 25% was provided for each grant and the local match percent increased each year. Despite inconsistencies in COPS grant documentation and a good faith effort to comply with staff believes the best way to resolve the final outstanding audit issue is to grant guidelines, reimburse the US Department of Justice $ 12,496. 38 calculated as follows: 32, 972.00 Unallowable questioned costs 8. 072. 62> Previous over-deobligation 24, 899. 38 12.403. 00> Fast grant questioned costs eliminated after closure of recommendation 1 12,496. 38 City reimbursement to US Department of Justice Mr. Frank Mathers, Management Analyst in the COPS Office Audit Division, has advised staff that the Office of the Inspector General has agreed to close out the audit once repayment in the amount of $ 12, 496. 38 is received. Staff does not believe appealing this decision is a viable option. Recommendation Staff recommends repayment of $ 12, 496. 38 in disallowed grant expenses. If approved, sufficient funding is available in the Law Enforcement Trust Fund. A budget amendment will be necessary to report this expense. Respectfully Submitted, Ted Utschauer kwii/L Charlotte Dunworth Police Chief Financial Analyst oncur Do no concur Hold for discussion u:\ cdunworth\ granlsf\ y 2006\ cops audil- council mlg 5-9. doc Charlotte Dunworth From: Frank. Mathers@usdoj. gov ent: Monday, April 24, 200612: 20 PM To: Charlotte Dunworth Subject: Closure of the last OIG audit recommendation for the OIG Audit GR- 40- 00- 011 Importance: High Sensitivity: Confidential Charlotte, I just received word from the OIG that recommendations 1 and 5 are now closed. Originally there were seven recommendations. Six have been closed. Recommendation 2 " Remedy the questioned costs of $32, 972 for unallowable reimbursement" ~ remains open. In my letter to OIG on March 16, 2006, I put forth the