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Item C25Co unty of Monr M l� BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 The Florida Keys F y xti t „ � y r Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: C.25 Agenda Item Summary #3897 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 N/A AGENDA ITEM WORDING: Approval to enter into Grant Agreement with Florida Boating Improvement Program (FBIP) in the amount of $100,000.00 for the Gulf View Boat Ramp Repair and Dock Restoration project. ITEM BACKGROUND: Approval of a Florida Boater Improvement Program (FBIP) grant agreement. A FBIP grant will provide 75% funding, up to $75,000, for boat ramp repair and dock construction at the Gulf View boat ramp on Big Coppitt at the end of Barcelona Drive. Monroe County would provide 25% matching funds, or $25,000. PREVIOUS RELEVANT BOCC ACTION: May 16, 2012 BOCC approved a joint agreement to maintain public access and storm water system for the purposes of completing the requirements of the joint permit with the Army Corps of Engineers and the Florida Department of Environmental Protection and receiving authorization to perform the repairs on the Boat Ramp. January 16, 2014 BOCC approved a contract with Keith and Schnars, Inc. for the design and permitting of three (3) boat ramp repair projects which included the Big Coppitt Boat Ramp at Gulf View. July 20, 2016 BOCC approved a contract with Toppino and Sons, Inc. for the construction of the Big Coppitt Boat Ramp Repairs in the amount of $184,000.00. March 23, 2016 BOCC approved a resolution providing support for the installation of a boat dock and for ramp erosion repairs at the Big Coppitt Key Barcelona Boat Ramp, requesting funding from the Florida Boating Improvement Program and affirming the County's ability to provide local match funding. CONTRACT /AGREEMENT CHANGES: FBIP Grant Agreement STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: 2018.01.03 - Gulf View FBIP Gant No. 16060 - Grant Agreement FINANCIAL IMPACT: Effective Date: 02/21/18 Expiration Date: 06/30/19 (Phase I) Total Dollar Value of Contract: $100,000.00 Total Cost to County: $25,000.00 Current Year Portion: $25,000.00 Budgeted: Yes Source of Funds: Grant and One Cent Infrastructure CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No Grant: $75,000.00 County Match: $25,000.00 Insurance Required: N/A Additional Details: If yes, amount: Yes. Grant maximum of $75,000. Contract for construction at $184,000. 02/21/18 NEW COST CENTER ADDED Boating Grant 02/21/18 304 -23000 • PHYSICAL ENVIRONMENT PE 1506 Total: REVIEWED BY: Ann Mytnik Cary Knight Kevin Wilson Patricia Eables Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed Completed Completed Completed Completed Completed Completed Pending $75,000.00 $25,000.00 $100,000.00 02/02/2018 9:45 AM 02/02/2018 10:47 AM 02/02/2018 11:12 AM 02/04/2018 4:25 PM 02/05/2018 8:50 AM 02/05/2018 9:05 AM 02/05/2018 9:20 AM 02/21/2018 9:00 AM F Agreement No. 16060 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION WHEREAS, the Commission and Grantee have partnered together to erosion repair of the Gulf View Park boat ramp and construction of a concrete accessory boat dock; and, WHEREAS, Grantee has been awarded Florida Boating Improvement Program grant 16060 as referenced in FLIP application 16-025 as a sub-recipient of Sport Fish Restoration-Boat Access Program grant FL F- F17AFOI 194; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. Packet Pg. GRANT- G(')Vlj4'RNk1F`N'l"Al., ENTITY . .... ------ - ----------- ­­_______..._ Ver. May, 201 Page I or 20 FWC Agreement No. 16060 2. PERFORMANCE. 3. AGREEMENT PERIOD. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in area ount not to exceed $75,000. GRANT - GOVERN si:�'N ENTITY I Packet Pg. 2640 ....................... . . ........ . ............... ll ....... 'der. May, 2017 Page 2 of 20 FWC Agreement No. 16 pursuant to Section 215,971( m ' 1)(d), F.S., the Cozy may only reimburse the Grantee, for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work travel expenses shall be reimbursed in accordance with Section 112,061, F.S. 1. Electronic Funds Transfer. Grantee a (Yrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement, Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at-, Packet Pg. 2641� GRANT - GOVERNM U NT AL. ENTITY lay, 7 Page . 1 of .... . ......... . .. . .. . .. . .............. . .. . ........ . . ........... ­ ---- - - - ---- - __ Ver. N , 201 FWC Agreement No. 16060 d pq�jl wolvVendors,111 ill .................... . . ........ . .............. . .......... . .......................... . .................. ........ ... .... Questions should be directed to the State of Florida's EFT Section at (850) 413-5517, Once enrolled, invoice payments will be made by EFL 1. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 41 -5516 or by calling the Chief Financial Officer' Hot] me, (800) 342- 2761 5. RETURN OR RECOUPMENT OF FUNDS. A. Commission Exempt from Taxes. The Grantee 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 Agreement. Grantee is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. I Packet Pg. 2642 GRANT - GOVERNMENTAL E_ NTITY Ver, May, 201 rage 4 or ZU ........................ ---------- — ----- FWC Agreement No. 16060 7. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment B, Audit Requirements, Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 8. TERMINATION. A. Commission Termination, The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct, In the event of such termination, the Commission shall provide the Grantee with written notice of termination, 9. REMEDIES, A. Financial Consequences. In accordance with Sections 2,15.971(1}(a) (b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful I Packet Pg. 2643 GRANT - GOVERNMENTAL ENTITY Ver. May, 20 17 Page5 o r 2u ............................................................ 11 111- ,MENTAL - - - ---------- FWC Agreement No. 16060 completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. In addition, pursuant to Section 215,971(l)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 10. NOTICES AND CORRESPONDENCE. In FOR THE COMMISSION: FOR THE GRANTEE: Grant Manager Grant Manager Andrea Pelton Cary Knight Grant Specialist 11 Project Manager FL Fish and Wildlife Conservation Commission Monroe County 620 S. Meridian Street 1100 Simonton Street Tallahassee, FL Key West, FL 33040 (850) 717-2108 (305) 292-4527 (850) 488-9284 (05) 295-4321 Andrea.pelton@myfwc.com Knight-caryCo)monroecounty-fl.gov A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders, The Commission may, at any time, by written order, make a change to this Agreement, Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. N. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply, GRANT - GOVERNMENTAL ENTITY . . ............ . . . . . . . F Agreement No. 16060 A. Intellectual and Other Intangible Property. j. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexisting property will remain with the Grantee, ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements, B. Purchase or Improvement of Real Property This agreement is for the purchase or improvement of real property,' therefore the following terms and conditions apply, i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200,316, and 200.329, OMB Uniform Guidance (2 CFI 200), as amended. id. Use. Federally-owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work, C. Non-Expendable Property. Tlie following provisions apply to the extent that the grant allows the acquisition of non-exliendable lvoperty. i. Non-Expendable Property Defined. For the requirements of this section of the Agreement, "non-expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non-expendable nature, with a value or cost of $1,000.00 or more, and a normal expected life of one (1) year or more; hardback-covered bound books that are RANT - GOVERNMENTAL ENTITY I Packet Pg. 2645 G ­11- — ----- — ----- . . . . . . . . . ................. ........... . . . Ter. May, 2017 Page 7 of 20 FWC Agreement No. 16060 circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback-covered bound books, with a value or cost of $250.00 or more). ii. Title to Non-Expendable Property. Title (ownership) to all non-expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work, D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the acquisition of equipment and supplies, i. Title - Equipment. Title to equipment acquired under a Federal award will vest - upon acquisition in the non-Federal entity in accordance with Sections 200.313 and 200,314, OMB Uniform Guidance (2 CFR 200). iL Title — Supplies. Title to supplies will vest in the non-Federal entity upon acquisition. Unused supplies exceeding $5,000800 in total aggregate value upon termination or > IN B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be property trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. EC.25.K] FWC Agreement Not l6U(JU another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. M. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement, The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. SUBCONTRACTS. IN C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. MANDATORY Di CLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. GRANT - Gat V l" R N N4 f'.'NTAL ENTITY I ay 2017 P I Packet Pg. 2647 .. ...................... . .. . . .......................... . ....... ..... . ......... .... — ------- Ver. IN , age 9 To ZU FWC Agreement No. 16060 � �id;l�' 11 m ()In/husi - ----- ---- ......... lless ..... — .. ......... . . . . ...... nvictcd �'I, sp��!!&�d-Ajj "C I'l III I nat o colunlaillis \�elldol' h"Is ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime ' applicable to that person or an affiliate of that person as defined in Section 287.133, F& C. Vendors on Scrutinized Companies List. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to I Packet Pg. 2648 GRANT - GOVERNMENTAL ENTITY Ver. May, '20 17 Page In or 20 ............. . . . . ............ . . ............................... ....... 1---.- FWC Agreement No. 16060 F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. 16. INSURANCE. The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers, protection applicable to the Grantee's officers, employees, servants and agents, while acting within the scope of their employment with the Grantee. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. B. If the Contractor meets the definition of "Contractor" in Section 119.0701(1 F.S., the Contractor shall comply with the following: Packet Pg. 2649 Q R A NT - GOVERNMENTAL f� N"t' 11­ Y Vera May, 20 Page I I or zu . .. . .. . ...................... :.�e .................... . -11- F Agreement No. 16060 19. COOPERATION WITH INSPECTOR GENERAL. 20. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work, To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant, 21. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles, B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, GRANT - GOVERNMENTAL ENTITY --1--------- ------- - - ----- --1---.1 'PVC Agreement No. 16060 documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. 22. FEDERAL AND FLORIDA SINGLE IT ACT REQUIREMENTS. 23. FEDERAL COMPLIANCE. As applicable, Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: I Packet Pg. 2651 Q R A NT - Q 0 V Us N N1 I' NTA 1, l' NTIT Y " " --- ------- . ...... . . ........ . ......... ... ......... ­­­­ "der. May, 2017 Page 1 3 of 20 FWC Agreement No. 16060 24. FEDERAL FUNDS. This Agreement relies on federal funds, therefore, the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Contractor is not authorized to expend any federal funds under this Contract to a federal agency or employee without the prior written approval of the awarding federal agency, B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR Part 40t. If the Federal awa 1 1 meets the definition of "funding agreement" tinder 37 CFR 401.2(a) and the recipient or Subrecipie wishes to enter into a contract with a small business firm or nonprofit organization regarding t substitution of parties, assignment or performance of experimental, developmental, or research wo under the "funding agreement," the recipient or subrecipient must comply with the requirements of GRANT - GOVERNMENTAL ENTITY ..................... . . . . . . .............. ......................... . . . . ...... . FWC Agreement No. 16060 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and all Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Star. 871). 1. Prohibition against Lobbying. J. Compliance with Office of Management and Budget Circulars. As applicable, Contractor shall comply with the following Office of Management and Budget (OMIC Uniform Guidance (2 CFR 200), GRANT - GOVERNMENTAL ENTITY .. . . . . . . . . . . . . ...... .......... ...................... . ............... " I'll ......................... . I Packet ft Ver, May, 2017 Page 15 or 20 F Agreement No. 16060 M K. Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Contractor attests and certifies that the contractor will provide a drug-free workplace compliant with 41 U.&C. 81. CONTRACT-RELATE D PROCUREMENT. A. PRIDE. In accordance with Section 946,51 (6), F: &, if a product or service required for the performance of this Contract is certified by or is available frorn Prison Rehabilitative Industries and Diversified Ftiterprises, Inc. (,PRIDE) and has been approved in accordance with Subsection 946.515(21),1 the following statement applies Additional information about the designated nonprofit agency and the products it offers is available at I -re no C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or GRANT - GOVERNMENTAL EN TIT - ­­­­­­­­­ ­­­­ . ........................ . . . . . . . . . . ..................... . . . . . . . . I Packet ft Ver. May, 2017 Page lb*ol 20 FWC Agreement No. 16060 B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. INDEMNIFICATION. performance of the Agreement, 28. NON-DISCRIMINATION. 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 Agreement. 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. 30. NO THIRD PARTY RIGHTS. GRANT - GOVERNMENTAL ENTFfY ­_1­­­­ .................. OEM performance of the Agreement, 28. NON-DISCRIMINATION. 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 Agreement. 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. 30. NO THIRD PARTY RIGHTS. GRANT - GOVERNMENTAL ENTFfY ­_1­­­­ .................. FWC Agreement No. 16060 in W The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement, JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum mermt. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens, C. Enrollment in E-Verity. If Grantee does not have an E-Verify MOO in effect, the Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. GRANT - GOVERNMENTAL ENTITY . . . ............. . . ----------- FWC Agreement No. 16060 El E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. go in TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duty signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail-, GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 1 9 of 20 FWC Agreement No. 16 this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION § i 6 -� " A ' ' T '- U R E ........................ . ............................................................................................................................_.._® Title: Date: Attachments in this Agreement include the following- ........... ------- ---- ------ -- ------- SIGNATURE um Date: Approved as to for and legality by FWC Attorney: IATURE Attachment A Scope of Work Attachment B Requirements of the Federal and Florida Single Audit Act Attachment C Copy of Federal Award FL F-F1 7AFO1 194 Attachment D Sample Site Dedication For Attachment E Cost Reimbursement Contract Payment Requirements Attachment F Title 50 CPR, Part 80 Attachment G Sample Invoice For Attachment H Progress Report For Attachment I Certification of Completion Packet Pg. 2658� GRANT - GOVERNMENTAL ENTITY Ver. May, 2417 V Page 771 or 71 ................................................. . . . . . . . . . ENT IT . . . . .......... - Attachment A – SCOPE OF WORK set Name: Monroe ountv – Gulf View Boa R m .............................. ........................................................................ . . ........ . ................................................... . .............................................. ......................................................... ........ . .. . .......................... . . . ............ Boat 1 p I FWC Contract No. ... .................................................... . . — - --- ------ ..... ........ ........ – ------------- . . ............. .. ................................................................................ ------------------- 1. INTRODUCTION A. Background: The Gulf View Boat Ramp is in need of repairs due to erosion on the sides and at the end of the ramp, which has worsened over time and has resulted in a potential hazard when launching a boat. Boat trailer tires can drop off and cause the frame or axle to rest on the ramp. There is currently no boarding dock at the ramp which makes it difficult for one person to launch from the ramp, 2. PROJECT DESCRIPTION E 0 A. Term of Agreement: The term of the Agreement includes two phases: Phase 1, Project 2 cm Construction, and Phase 11, Project Site Management, During Phase 1, the County (Grantee) shall complete the tasks and provide the deliverables described in this Scope of Work, All Phase I activities must be completed by June 30, 2019. During Phase 11, which includes the remaining term of the Agreement, the Grantee shall maintain the project site as a recreational boating access facility open to the public on a first-come, first-served basis. 3. PERFORMANCE A. Commencement of Work: The Grantee shall commence work on Phase I of the Project within 90 days of execution of the Agreement. Failure by the Grantee to begin work shall constitute a breach of the Agreement and may result in termination of the Agreement by the Commission. B. Criteria for Evaluating Successful Completion. The Grantee shall complete the project as described in this Scope of Work and Florida Boating Improvement Program Application 16-025, Attachment A — SCOPE OF AN -- - . ..... .... .... ,Proect Name: 1 Monroe County — Gulf View Boat amp FWC Contract a .. ........ I I �O 6 0 -- 1 .. ................. . . . . ...... . . . . .................... . . . . ' ' . .. . . . . . ....................................................... . . . . ..................... ................ ... . . . . ......... .. . . . . . ................... ........ . . . . . . . . ............... . . ....... --- . . ........................ . . .. d .......... ... ..... ..................... . ............ -",I -- .......................................... .. ............ . . ...... . . . . .. .......... . . . . ................................................. incorporated herein by reference, according to the approved bid specifications. Failure to complete the project in a satisfactory manner could result in financial consequences as specified herein, F. Engineering: If applicable, all engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws, Attachment A — SCOPE OF WORK . . . . ...... ................................................................ . ... - � � .. .............. Rynject View Na e: j fo County — Gulf V a a. 1660 . .................... ... .... . 1111 . . ........ .... --.— ................................ ---- ...................... ... -- I 0 ..... . - - - -------- - ------ . . ........................................ .................. . .................. - - - --------------------- . . . ...... . ............................ Site dedication survives any contract termination, If mutually agreed upon by both parties in writing the site dedication may be rescinded. The Commission shall waive the site dedication requirement if no program funds were dispersed. H. Phase IL Project Site Management: During Phase 11, the Grantee shall provide and be responsible for any and all costs associated with the ordinary and routine operations and maintenance of the project site, including any and all personriel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement, A. FINANCIAL CONSEQUENCES Pursuant to 215.971(t)(c), Florida Statutes, the Commission will withhold payment of Program funds for failure to complete the Project as described herein within the timerrame allowed for Phase 1, or for failure to correct any Project deficiencies, as noted in the final Project inspection During Phase 11 of the Project, the Grantee shall repay any Program funds received for Phase I for failure to maintain the Pro Z� y Ject site as a public boating access facilit according to the terms and conditions herein for the duration of the Agreement, 5. COMPENSATION AND PAYMENT A. Compensation: For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $75,000. The Grantee shall be reimbursed only for budgeted expenses incurred during the term of Phase I of the Agreement that are directly t� t�l related to the project, There is no monetary compensation during Phase 11, B. Cost Share: The Grantee agrees to provide 25% of the total cost for Phase I of the project as indicated in FBIP Grant Application No. 16-025. The total compensation by the Commission shall be $75,000 or 75% of the total cost for Phase 1, whichever is less. C. Travel Expenses: No travel expenses are authorized under the terms of this agreement. D. Invoice Schedule: The Grantee will submit one request for reimbursement within 30 days after completion of Phase I of the Project, as described herein, and acceptance of deliverables in writing by the Commission's Grant Manager, The Commission shall have 45 working days to inspect and approve goods and services. E. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis in accordance with Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services. Bureau of Accounting and Auditing, Reference Guidefisr State Expenditures, attached hereto and made to part hereof as Attachment E. The request for reimbursement shal include an invoice in a format similar to Attachment G, Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal Employer Identification (FEID) Number, and indicate the dates of service. The invoice shall be accompanied by a Certification of Completion, photographs to document project completion, an Attachment A — SCOPE OF WORK ---- - - - ---- - . . . .............. . . . ...... ... ®. . . .... . ............. . . .... . . .......... . ........................ . . . . . . . . ­'--------- ................ . . .............. L,P` act Name: Monroe Count... Gulf View Boat Ramp 1 FWC Contract No 1 16060 ........ . . .......................... . L ..................... . . . . . .......................................... . ................. . . ..................................................................... . .......... . ..... . . . ................. ... ... ... . ..... ......................... itemized list of all project expenditures, and copies of invoices and cancelled checks or check numbers to document payment for all project expenditures. 6. MONITORING The Grantee shall allow unencumbered access to the Project site to the Commission, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the Commission may request maintenance and use information from the Grantee to validate the condition of the facility, 7. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 12 of the Agreement, 8. SUBCONTRACTS No additional requirements. Refer to Section 14 of the Agreement, tr 9. INSURANCE No additional requirements, Refer to Section 16 of the Agreement. 10. SECURITY AND CONFIDENTIALITY No additional requirements. Refer to Section 20 of the Agreement, Attachment A — SCOPE OF WORK ............ ............ . . Pr act Mo Gulf Name: nroe Court — G View Be at FWC Contract No. 160 . ............... . . . . .......................................................... . .................... . . ... . . ........................ k ­­ S6­­ - ----- .. ........ ........... . ...................... . . . . ..... 11. RECORD KEEPING REQUIREMENTS Records shall be maintained for ten (10) years following the completion of Phase I of the Project, Completion of Phase I of the Project has occurred when all reporting requirements are satisfied and final payment has been received by the Grantee. Refer to Section 21 of the Agreement. 12. NON-EXPENDABLE PROPERTY The Grantee is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $ 1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY Refer to Section G, Site Dedication, above in Section 3, Performance. 14. SPECIAL PROVISIONS FOR CONSTRUCTION CONTRACTS A. Certificate of Completion: Upon completion of Phase 1. the Grant Manager for the Grantee shall sign a Certification of Completion form, Attachment 1, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Scope of Work and the E 0 FNTC Agreement No. 16060 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be SLlbjCCt to audits and/or monitoring by the Commission as described in Part 11 of this attachment regarding State funded activities. If this Agreement include-, a Federal award, then Grantee will also be subject to the Federal provisions cited in Part 1, If this Agreement includes both State and Federal funds, then all provisions apply, MONITORING PART 1: FEDERALLY FUNDED. If this Aureement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local 2overnment or a non-profit organization as defined in Sections 200.90, 200,64, or 200.70, respectively, OSIB Uniform guidance. C. In connection with the audit requirements addressed in Part 1, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes. , but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 (5750,000.00 for fiscal years beginning on or after Audit Requirements rev.0610112017 Pag " Packet Pg. 2664 I FWC Agreement No. 16060 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500 - 200.521, 01MB Uniform Guidance, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities), F. If not otherwise disclosed as required by Section '200,510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each agreement with the Commission in effect during the audit period. G. If the Grantee expends less than 5500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200,500-200.52 1. OMB Uniform Guidance, is not required In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB E This part is applicable if the Grantee is a non-state entity as defined by Section 215.97 F.S., (the Florida Single Audit Act), B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215,97(2)(d), FS., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Audit Requirements rev.0610112017 Peg Packet Pg. 2665 FWC Agreement No. 16060 D. Additional information regarding the Florida Single Audit Act can be found at. L 4Il >ps f1 fs cc .................... E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address Office of Inspector General Florida Fish and Witillife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any managernent letter issued by the auditor, for audits conducted in accordance with Sections 200 500- 260.521, OSIB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1 . The Commission at the following address: Office of Inspector General Florida fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200,512, OMB Uniform Guidance (the reporting package required by Section 200-512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Z.1� Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200,500-200,521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the Audit Requirements rev.06/0112017 Peg I Packet Pg. 2666 F Agreement No. 16060 audit report, indicate the date that the Grantee received the audit report); copies of the reporting package described in Section 200,512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part 11 of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part It of this Attachment, including any C, management letters issued by the auditor, shall be submitted by or on behalf of the Grantee (J-,4-e.c'(jy to each of the following: L The Commission at the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Agreement shall be submitted timely in accordance with OMB Sections 200.500 - 200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub-Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10,650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment — Audit Requirements rev.06/01/2017 Page,j < _ Packet Pg. 2667 FWC Agreement No. 1.606 0 Exhibit 1. FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TOT IS AGREEMENT CONSIST OF THE FOLLOWING: STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING MATCHING RESOURCES FOR FEDERAL PROGRAMS: St ! IM EICTTO SECTION 215.97, PLO III DA STATI ITFS- Audit Requirements rev.06/01/2017 Page I Packet Pg. 2668 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: F Agreement No. 16060 NOTE: Section 200.513, OMB Uniform Guidance (2 CFP 200), as revised, and Section 215.97(5), Florida Statutes, require that the inforniation about Federal Programs and State Projects included in Exhibit I be provided to the Grantee, - End of EXHIBIT I - Audit Requirements rev-06/01/2017 Page _ 4 1 Packet Pg. 2669 Copy - 14 J we 620 South Meridian Street Tallahassee, FL 32399-1600 DUNS #- 838103893 M r w I match: ME= mm ON. See Project and Budget Revisions section in enclosure. . . . . . . . .................. U Lo Teueralassisrance S�Qov. number(s) for this grant is: 216360475. Special Conditions and Provisions- ki 1 [$1 to a t t: N MqW a I OM I III, -, M#vm;. I IMPI Lu!jul 114 Nk Em iorre i'mriacramn Una M I 4 US Fish & Wildlife Service 1w w.%m--- 1975 Century Boulevard 620 South Meridian Street Atlanta, Georgia 30345 Tallahassee, FL 32.399 404.679.4168 850.617.9517 mamm LEM Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at (404) 679-4154 or Torre' Anderson at (404) 679-4168 if you have any questions. MAIM Michael L. Piceirilli -W%MWxv W _ n , ■ Additional Information --------------------- ve been corn 'allure toReport: In accordance with the Service IManual chapter 516 FXN-'2 Performance Raporongf Grant arel Cooperative AgreementA wardy, failure to subunt reports by the required due dates may result in the following progressive actions, including but not limited to - a) notifying your State Director in writing that a Financ. ial Stu and/or Project Performance ti ■ ti than anticipated or producing more or different beneficial results than originally planned, Effective. 28 June 2016 E 2675 9A Legal Description, attached hereto, (the "Property") has been developed with financial assistance provided by the Florida Legislature, through the Fish and Wildlife Conservation Commission, under the grant program called the Florida Boating Improvement Program (FBIP), In accordance with Chapter 68-1.003, F.A.C., and the Program Guidelines of the FBIP, the Property is hereby dedicated to the public as a boating access facility for the use and benefit of the general public fora minimum period of twenty (20) years from the date of this dedication. Original signature Witness Printed Name Title Date STATE OF FLORIDA COUNTY OF Witness Printed Name The foregoing instrument was acknowledged before me this day of Z, i-- — ___ --------------------------------- --, by ------ __ -------------- - -- - ___ mamma -- - - -- ..................................................... . who is personally known to me or who produced v 4444444 4444 mm .......... ------ . . ..... as identification, Stamp . . . . . . . . . . . ..... . ................................ Notary Public, State of Florida Attachment E F Contract No, 16060 COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Listed below are examples of types of supporting documentation (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. (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. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. . 1: 46150 Federal Register / Vol, 76, No. 1471 oji ay, August 1, 2011 / Rules and Regulations ............... . . .......... m I Hunter Education and Safety AGENCY: Fish arid Wildlife Service, rnterior. ACTION: rinal rule. ti ti IF Federal Register/Vol, 76, No, 147/Monday, ALIgUSt 1, 2011/Rules and RegUlations 46151 nol apply to projects under the Act �ICUO z to nction 9023, Subpart C'—Liceiise Revenue 46152 Federal Register/Vol, 76, No. 147/Monday, August 1, 11/ la and Rogulations ................... Federal Register/Vol, 76, No. 14711ti onday, AUOUSL 1, 2011Hides and Regulations 46153 .......... Section 80,52 (80-53 in final rule) What activities are ineligible for funding? Section 80.66 WhaL requirements apply to allacation of funds between marine and freshwater fisheries projects'! Subpart I—Progrum fricome Staftion: 80,120 What is program income? 46154 Federal Register/Vol. 76, No. 147/Monday, August 1, c 7 and Regulations .............. ........ Federal Regist« /\ / » ©:x% 147/Monday, August 1, 2011/Rules an41 gulations 4 6155 46156 Federal Register/Vol, 76, No, 147/Monday, August 1, X111.1 Rules and Regulations Civil justice Reform Government-to-Government Relutionship 14 Tribes Title 50—Wildlife and Fisheries Subpart A—General '9ec' 30,1 What does this part do? aO,2 What teams do I need to know? 80m Why moat an aponcy curtify the number (if paid license holders? 80.31 How does an agency isirtify the numb(. of paid huenso holders? M32 Federal Register/Vol, 76, No. 147/10onday, AUgLESt 1, 2011/Rules Lind Regoirition-5 46157 Subpart L—Information Collection 80,160 What are ;he information collection lequiremcail,i of this part? Authority; ici U,S.L 6ri9 -669k: 16 U &C, 777-77711, except 77710-1 afol g -1, Subpart A—General §80,1 What does this part do? 46158 Federal Register / Vol, 76, No 147 / Monday, August 1, 2011 / Rulps and Regulations ............... Federal Register/ Vol. 76, No. 147 /Monday, August 1, 2011/RLiles and Regulations 46159 Subpart B—State Fish and Wildlife Agency Eligibility (2) Used only for administration of the State fish and wildlife agency, which includes only the fUTICtions required to irianage the agency and the fish- and wildlife- related resources for which the agency has rutdiority tinder State law, § 00.11 How does a State become Ineligible to receive the benefits of the Acts? Subpart C—License Revenue (g) Payments received for services funded by license rpvennp §80.21 What if a State diverts license revenue from the control of its fish and wildlife agency? 46160 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations ............... . . (2)'I'he Director inuat agree that the replacement property meets the requ i rernen lo of paragraph (o) (1) of this section. Subpart D— Certification of License Holders §80.31 How does an agency certify the number of paid license holders? (a) A State fish and wildlife agency certifies the number of paid license ,2 Before comeleting the first coTtification, following any c1ange in tho licensing sit €steni that could affect the niunbor of license holders. How to count each license holder M Once in the certification period in which the license first becomes valid. Once in each certification period in which the license is valid. Twice in the first certification period in which the license is valid: once as a person who has a paid hunting license, and once as a person who has a paid sportfishing license. Twice in each certification period in which the license is valid; once as a person who has a paid hunting license, and once as a person who has a paid sportfishing license, §80.34 How does an agency calculate net costs of issuing o the license f rorn the and the costs of printing and revenue from a license? generated generzited by the license. distribution. The State fish and wildlife agency Examples of costs of issuing licenses are must calculate net revenue from a vendors' fees, automated license-sistem license by subtracting the per-license costs, liconsing-unit personnel costs, Federal Register Vol. 76, No, 5471 Monday, August 1, 2011 / Mules and Regulations 46161 Yes. The Director may correct any error that the Service makes in apportioning funds, Subpart E—Eligible Activities §80.50 What activities are eligible for funding under the Pittman-Robertson Wildlife Restoration Act? that the State inay incroase or docrease §80.39 May the Director correct a Service if it chooses to do so. error In apportioning funds? 46162 Federal RegiaterlVol. 76, No, 147/Monday, August 1, 2011/Rules and Regulations ............... IF §80.52 Mayan activity be eligible for funding if it is not explicitly eligible in this part? An activity may be eligible for funding even if this part does not Federal Register/Vol, 76, No. 147 /Monday, August 1, 0111 Rules and Regulations 46163 .. ..... . . . ..... . ... .. (c) Uses a planned approach, appropriate procedures, and accepted principles of fish and wildlife conservation and management, research, or education, and (d) Is cost effective. (a) Which activities are ofigible for funding? Those listed at § 80,50(a) and (b) subpro- rare (Basic J. c -Tunter f3duation) and the Enhanced Hunter EdUCati011 and Safety prograrn (Enhanced Hunter C� Education) is as odloos: Enhanced Hunts - Education funds 46164 Federal Register/Vol. 76 »/y \/\ \ y August 1, 2011/Rules and Regulations «!0 —Application for a Grant Federal Register/ Vol. 76, No, 147 / Monday, August 1, 2011 / Rules and RegulaLions 46165 ............... ...... 46166 Federal register/ Vol. 76, No, 147/Monday, August 1, 20111 Rules and Rogulations Subpart H—General Grant Administration (it) Monitoring the use of license Federal Register / Vol. 76, No. 1471 Monday, August 1, 2011 / Rules and Regulations 46167 §80.93 When may an agency incur costs period unless [he Regional Director §80.96 Mayan agency use Federal funds under a grant? concurs that doing so is necessary to without using match? A UILO 1 S I allf parr c i e agency may incur costs under a grant from the effective date of the grant period to the and of the grant. period except for preaward costs that rumet the conditions in § BOA4, take advantage or temporary circurnstances favorable to the project or to inuot, legal deadlines. An agency completes a project when it 111CUla all costs and finishes all work necessary to achieve the project objectives, (c) The agency can receive reimbursement for preaward costs only after the beginning of the grant period, If Then the agency (1) The goods or services exchanged have the same market value,. (i) Does not have to report bartered goods or services as program income or grant expenses in the Federal financial report; and (ii) Must disclose that barter transactions occurred and state what was bartered in the Remarks section of the report. Must report the difference in market value as grant expenses in the Federal financial report. Must report the difference in market value as program income in the Federal finan- cial report. (I) Does not have to report bartered goods or services as program income or grant expenses in the Federal financial report" and (if) Must disclose that barter transactions occurred and identify what was battered in the Remarks section of the Federal financial report, . . ­__ . . ........ ­­­­­ ............... ­____ — ----- ­­­­­ ........... ................................................................................................................................... 46 68 Federal Register/Vol, 76, No. 147/Monday, August 1, 2011 /Rules and Regulations Federal Register/Vol. 76, No, 147/Monday, August 1, 201.1/Rules and Regulations 46169 Method (1) Deduction .. --- -- — (2) Addition . —. — — (3) Matching . — .... ......... Requirements for using the method §80.125 How must an agency treat Income that it earns after the grant period? (a) The Ststo fish and wildlife agency most treat program in rune that it earns after the grant period as either: 46170 Federal Register/Vol. 76, No. 147/Monday, August ►, 2t111 /boles and Regulations . . .......... . §80.134 How must an agency use real property? (a) If a grant funds acquisition of an interest in a parcel or ]find or water, the State fish and wildlife agency must use it for the purpose authorized in the grant. (b) If a grant funds construction of a capital improvement, the agency Must use the capital improvement for the purpose authorized in the grant during the useful life of the capital improvement, The agency must do this even if it did not use grant funds to: (1) Acquire the parcel on which Lhe capital improvement is located; or (2} Build the structure in which the ca its] imp oree- rn111 is a coil M ull lent, FC) If �i tra i it h int Is manare �i i wo I operation, or maintenance of a parcel of land or water, or a capital improvement, the agency must use it for the purpose authorized in the grant during tlie 0 t7 0 period. The agency must do this even if ft did not acquire the parcel or construct the capital improvement with grant funds, (d) A State agency may allow commercial, recreational, and other secondary uses of a grant-funded parcel of land or water or capital improvement if these secondary uses do not interfere with the authorized purpose of the grant. Subpart K—Revisions and Appeals iy Federal Register/Vol. 76, No, 14"I'Monday, AugusL 1, 2011/Rules and Regulations 46171 ........................ Subpart L—In for mation Collection Dated July 19, 2011, Rachel Jacobsen, Acting k?.aisicid Svc ictary and old dlife and Parka. fl'-R Doc, 2011-19206 Red a:45 am] BILLING CODE 4310-55-P FWC Contract No. 16060 Attachment # G the matching funds, in-kind or cash, were utilized toward the project in this Agreement. i Signed Date: Project Manager Page 1 of 2 Invoice No. Fish and Wildlife Conservation Commission Invoice Date: Florida Boating Improvement Program FWC Contract 620 South Meridian Street Amount of Grant Award $ Tallahassee, Florida 32399-1600 Billing Period/Dates of Service: Remit payment to From Grantee: FEID #: To Address: PROJECT COSTS: 0� ....................................................... ...................................... In-kind Services — Non-cash expenses: ................................. ... ................... ........ ................... . . . . ... . .................. ............................................ . .... . .... . ........ . ....... . . ................................................................................. ................. ................................... Amount ­1 ­­ In-kind service: Administration . .... . . . . — - ---- . ......... . . .............. ................... $ In-kind service: Project Management $ In-kind service: Other $ - — — — -------------------------------------- Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount $ $ $ $ - --------- - - - - - Total Project Cost: $ Grantee Share $ Amount for Reimbursement: $ the matching funds, in-kind or cash, were utilized toward the project in this Agreement. i Signed Date: Project Manager Page 1 of 2 FWC Contract No. 16060 Attachment # G Partial Payment Request Form FWC Contract # FEID # Brief Description — Project Summary: I I 1 0 1 1�1 11111111 111111111 liql1i li p p i l l ii I gni - m fm i m= Signature Title It li.s s FWC Contract . . ...................... . .. . .. . Reporting Period ( Mont h[Year) : . ..................... . . .. . . . . ........................ (Due 15 days after the end of each quarter) Grantee: Project Tifie-_ ------- ___ .................... ----------- — --- — --- 1. Describe progress of project, including percent completed for each task in the Scope of Work: k Ir f 2. Is project currently on schedule for completion by Phase I due date? YES NO [J Anticipated Phase I completion date: (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) Bid package 10 Bid tabulation ............ Progress photographs Final photographs 0 Draft acknowledgement ------------ Print Name Date . . ............ Phone Page 1 of 1 FVVC Contract No. 16060 *'on % % k FLORIDA FISH AND WILDLIFL CONSERVATION COMMISSION n Florida Boating Improvement Program n 0 N 7CS � A x "A V I I lug M10 D 0 1 1 ! 911MUMMIM 1 , (Print Name and Title) representing (Name of Local Government) (Signature) (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in a. 775,082 or s. 775.083." § 837.06, Florida Statutes. I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the to of the Agreement. Division: By: Date: Name: Title: