Item C20Co 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.20
Agenda Item Summary #3869
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Steven 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 $50,000.00 for the Harry Harris Boat Ramp
Refurbish project.
ITEM BACKGROUND: Approval of a Florida Boater Improvement Program (FBIP) grant
agreement. This FBIP grant will provide 75% funding, up to $37,500, for the replacement of the
boat ramp concrete above high mean water at Harry Harris Park in Islamorada. Monroe County
would provide 25% matching funds, or $12,500. The ramp has worn smooth over the years and is at
the end of its usable life.
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 request for competitive solicitations for the repair of
the Harry Harris Boat Ramp.
March 23, 2016 BOCC approved a resolution providing support for retexturing the above
water line section of the Harry Harris Park boat ramp, requesting funding
from the Florida Boating Improvement Program and affirming the
County's ability to provide local match funding.
CONTRACT /AGREEMENT CHANGES:
Harry Harris Boat Refurbish Grant Agreement
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
2018.01.26 Harry Harris Boat Ramp Refurbish (FBIP) Grant Contract Signed (MC)
FINANCIAL IMPACT:
Effective Date: 02/21/18
Expiration Date: 03/31/19 Phase 1 (construction)
Total Dollar Value of Contract: $50,000.00
Total Cost to County: $12,500.00
Current Year Portion: $12,500.00
Budgeted:
Source of Funds: Grant and one cent infrastructure
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no
Grant: $37,500.00
County Match: $12,500.00
Insurance Required:
Additional Details:
If yes, amount:
Yes
02/21/18 NEW COST CENTER ADDED
Boating Grant + 25% County Match
$50,000.00
REVIEWED BY:
Ann Mytnik
Completed
02/05/2018 7:47 AM
Cary Knight
Skipped
02/05/2018 7:48 AM
Patricia Eables
Completed
02/05/2018 11:23 AM
Budget and Finance
Completed
02/05/2018 2:11 PM
Maria Slavik
Completed
02/05/2018 2:11 PM
Kevin Wilson
Completed
02/05/2018 2:16 PM
Kathy Peters
Completed
02/05/2018 5:04 PM
Board of County Commissioners
Pending
02/21/2018 9:00 AM
Florida Fish
and Wildlife January 3, 2018
Conservation
Commission
Commissioners
Go Rivard
Cary Knight, Project Manager
Chairman
Monroe County
Panama City
1100 Simonton Street
Robert A. Spottswood
Key West, Florida 33040
Vice Chairman
Key West
Richard House
RE: Contract No, 16059
Oviedo
Florida Boating Improvement Program (FBIP) Grant Agreement
Gary Nicklaus
Monroe County: Harry Harris Boat Ref, ubish
Jupiter
Sonya Rood
Dear Mr. Knight"
St, AUSIetine
620 South Meridian Street
Tallahassee, Florida
3 2 399 - : 1600
ViAM ( 4 88- 4 6 7 6
rlevringppeeah-impaired:
(800) 9SS (T)
( 955 (V)
FWC Agreement No. 16zC.2t}.a
WHEREAS, the Commission and Grantee have partnered together to replace the concrete Harry Harris boat
ramp; 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.
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2. PERFORMANCE.
3. AGREEMENT PERIOD.
4. COMPENSATION AND PAYMENTS.
Ae 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 an amount not
to exceed $37,500.
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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, RS.
1. Electronic Funds Transfer. Grantee agrees toe oil in Electronic Funds Transfer (E F17), 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:
tt dcl)(.)%it k�kA.)/Vendors.hun
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Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once
enrolled, invoice payments will be made by EFT.
J. 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) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342 -
2762.
5. FTURN O PMENT OF FuNDs.
6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN.
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.
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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 o ' f 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 215,971 {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
completion of each deliverable. If the Grantee fails to produce each deliverable within the time
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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(1)(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.
FOR THE COMMISSION'
FOR THE GRANTEE:
Grant Manager
Grant Manager
Andrea Felton
Carey Knight
Grant Specialist
Project Manager
FL Fish and Wildlife Conservation Commission
Monroe County BOCC
620 S. Meridian St.
1100 Simonton Street
Tallahassee, FL 32399
Key West, FL 33040
(850) 717-2108
(305) 292-4527
(850) 488-9284
(305) 2954321
Andrea.petton@myfwc.com
Knight-CaryOMonroeCounty-fl-gov
on
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.
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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.
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A. Intellectual and Other Intangible Property.
i. 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 of 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
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 CF R 200), as amended.
iii. 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 CFA 200). State-owned real property will be used as provided in Attachment
A, Scope of Work.
C. Noo-Fxpendable property. T'he ('01lowing provisions apply to the extent that the grant allows the
acquisition of uon-c\pcn&ablc properIv.
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
27102, 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
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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.
is 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 CFR200),
iL Title — Supplies. Title to supplies will vest in the non-Federal entity upon acquisition.
Unused supplies exceeding $5,000.00 in total agg regate value upon termination or
6 �n
completion of the project ect or program are subject to Section 200.314, OMB Uniform
Guidance.
iii� Use — Equipment. Equipment must be used by the non-Federal entity in the program or
project for which it was acquired as long as needed
IEMWMM
A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent,
representative, or employee of the Commission, The Grantee covenants that it presently has no
interest and shall not acquire any interest that would conflict in any manner or degree with the
performance of services required. Each Party hereto covenants that there is no conflict of interest
or any other prohibited relationship between the Grantee and the Commission.
B. Grantee Training and Qualification& Grantee agrees that all Grantee employees, subcontractors,
or agents performing work under the Agreement shall be properly 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.
E Agreement No. 160
another governmental agency in the State of Florida, upon giving prior written notice to the
Grantee.
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.
no
SUBCONTRACTS.
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.
En 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.
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MANDATORY DR;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.
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11 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, RS.
C. Vendors on Scrutinized Companies List.
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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.
17. SPONSORSHIP.
18. PUBLIC RECORDS.
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(l)(a) F.S., the Contractor
shall comply with the following;
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19. COOPERATION VATH 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.
A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect cost's 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,
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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.
D. Grantee Responsibility to Include Records Requirements —Subcontractors. Intheeventanywork
is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record
keeping requirements in all subsequent contracts,
23. FEDERAL COMPLIANCE.
As applicable, Grantee shall comply with all federal laws, rules, and regulations, including but not limited
to:
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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 ore ployee 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 CF R Part 401. If the Federal award
meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37
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CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small 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 Stat. 871).
I. 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 (OMB) Uniform Guidance (2 CFR
200).
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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.S.C. 81.
25. CONTRACT-RELATED PROCUREMENT.
A. PRIDE. In accordance with Section 946,515(6), RS., if a product or service required for the
performance of this Contract is certified by or is available frorn Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection
946-515(2), F.S,, the following statement applies:
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at ises.orv.
B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service
required for the performance of this Contract is on the procurement list established pursuant to
Subsection 413.035(2), FS., the following statement applies:
Additional information about the designated nonprofit agency and the products it offers is available
at
C. Procurement of Recycled Products or Materials. Contractor agrees to procure ally recycled
products or materials which are the subject of or are required to carry out this Contract in
accordance with Section 403.7065, R&
26. 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
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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.
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.
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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,
31. JURY TRIAL WAIVE R.
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 quanturn meruo.
32. 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.
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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.
34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
35. 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,
36. ENTIRE AGREEMENT.
This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the
Patties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto,
unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail;
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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
SIGNATURE
Name:
Title,:
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Attachments in this Agreement include the following:
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SIGNATURE
N=
"M
Approved as to form and legality by F Attorney:
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SIGNATURE
Attachment
A
Scope of Work
Attachment
B
Requirements of the Federal and Florida Single Audit Act
Exhibit
I
Federal and State Funding Detail
Attachment
C
Copy of Federal Award FL F-Fl7AFO0931
Attachment
D
Sample Site Dedication For
Attachment
E
Cost Reimbursement Contract Payment Requirements
Attachment
F
Title 50 CFR, Part 80
Attachment
Cr
Sample Invoice For
Attachment
H
Progress Report Form
Attachment
I
Certification of Completion
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Ly�eev j Name: Monroe County gy on tct 1
t Ha _11arris B(?� a ra No. 6059
FWC C
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1. INTRODUCTION
A. Background and Purpose: Improvements are needed to the Harry Harris boat ramp area to
increase the usefulness and safety of the ramp. Currently the ramp lanes are very slick due to
weathering and eroding overtime from usage on the upper portions of the ramp, This makes it
very difficult for boaters to use and can become hazardous when launching or retrieving a vessel.
B. Project Benefits: The improvements to the Harry Harris boat ramp will benefit the citizens of
Monroe county and surrounding areas by providing access to the Atlantic Ocean. The
improvements will allow the boaters to use both launch lanes without having to worry about
falling while launching or retrieving vessels, due to the heavy raking finish that is being proposed
for the upper portion of the ramp.
2. PROJECT DESCRIPTION
B. Deliverable(s): Demolish and rebuild the two-lane concrete Harry Harris boat ramp.
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 16-026,
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.
C. Procurement: The Grantee shall procure -D ods and services through a competitive solicitation
process in accordance with Chapter 287, Florida Statutes. The Grantee shall forward one copy of
Attachment A — SCOPE OF WORK
................... ............... ---, T-M--- i
vu t ............ . . ........................................... . . ................................................ . . . . ....... . . .................... FWC — Contr -- a . ,-- .. i .- . - - -- . ---- ] — 160 — - - - ---------------------
&_anre: puree on ty Harry Harris Boat lamp 59
. ....................... ................ . . . . ......................... n
. . . . . . ...................... V .............. .................... . . . . ............ . . .... . . ............. ............................. . . . ................ . . . . ................................ . ..
any solicitation to the Commission's Grant Manager for review prior to soliciting for quotations
or commencing any work, The Commission's Grant Manager shall have 30 working days for
review. This review shall ensure that minimum guidelines for the Project's scope of work are
adhered to. The Grantee shall forward one copy of the bid tabulation, or similar list of responses
to the solicitation, along with the award recommendation to the Commission's Grant Manager
F. Engineering: If applicable, all engineering must be completed by a professional engineer or
Z711
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.
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 11, 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
Attachment A — SCOPE OF WORK
......... .................................. . .... ...... . . . . ......... ....................... - ................ . . . .. . .............. . .. . . . . ................. ........ - ---------
'MonroeCoun!y arryHarris Boat I No. 1605
J�Fqjcc� Name: _an p� uv.v --..k . .. . ...... ................ ...
maintenance of the project site, including any and all personnel, equipment or service and
supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement.
4. FINANCIAL CONSEQUENCES
Pursuant to 215.971 (1)(c). Florida Statutes, the Commission will withhold payment of Program
funds for failure to complete the Project as described herein within the timeframe 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 Project site as a public boating access facility according to the terms and
conditions herein for the duration of the Agreetuent.
5. COMPENSATION AND PAYMENT
Attachment A — SCOPE OF WORK
............................................... . . . . . ...... . .................................. . .... . . ......... . . . ....... . . . . ........... ......... . . . ............... ------- ........ . . . . .................. I ...................... . .. . .............. . . ................ . . ... . .........
-- Name: I Monroe County Harry Harris Boat RaIllp .......... Contract No. 1 16059
. .. . ................................................................ ........... ---- .......................... . . . . . . . ............... -- — -----
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,
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,
11. RECORD KEEPING REQUIREMENTS
Attachment A — SCOPE OF NYORK
- - - - - -------- - -- . . ... . ...... ..... ........ . . . .......................................... ............................ ....................................................
P oJe t n
... .. ---- -------- ...... ...... . . ..... ......... .. ... ... .
r �c me Mo roe County Harry Harris `ho.a.t_R_aM.p [ F.WC Comc.a.xt N-o-.-. I 1 _ 6 _ 0 . 5 p. ...........
� � ............................... ......................... ---------- — ----- . . . . . ......... ................
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.
124 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 Agreement.
B. Fees: The Commission reserves the right to review and approve any and all fees proposed for grant
project sites, funded in whole or in part by this Program, for the term of the Agreement to ensure
that excess collection does not occur and that funds collected are not reallocated or diverted to any
non-boating access related purpose,
FWC Agreement No. 16059
Attachment B
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitorin g by the Commission as described
in Part 11 of this attachment regarding State funded activities, If this Agreement includes a Federal award,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds, then all provisions apply.
MONITORING
PART 1: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following
provisions apply:
A. This part is applicable if the Grantee is a State or local government or a non-profit organization as
defined in Sections 200.90, 200.64, or 200,70, respectively, OMB Uniform Guidance.
C. In connection with the audit requirements addressed in Part I.. 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, 201 1) 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 ($750,000.00 for fiscal years beginning on or after
Audit Requirements rev.0610112017Pag
I Packet Pg. 4890
FVVC Agreement No. 16059
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_ OMB 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 200.51 7, 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,
H. A web site that provides links to several Federal Single Audit Act resources can be found at:
PART 11: STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply:
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 11, 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)(4), F.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General,
Audit Requirements rev.06/01/2017 Peg "
I Packet Pg. 4 Ei
FWC Agreement No. 16059
D. Additional information regarding the Florida Single Audit Act can be found aV
I'l d 1s . com/fs aa/.
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 Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200,500-200,521, OMB 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, PC 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):
Sul
Bureau of the Census
1201 East 10" 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.06/01/2017 Pag - -
I Pa Pg. 4892
FWC Agreement No. 16059
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 11 of this Attachment, including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee
to each of the following:
1. The Commission at the followmL address
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian to
Tallahassee, FL 32399-1600
2) The Auditor General's Office at the following address
Auditor General's Office
G74 Claude Pepper Building
III 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 4 of 6
Exhibit I
FEDERAL AND STATE FUNDING DETAIL
CONSIST OF THE FOLLOWING:
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
SUBJEC.TTO SP—'("t'l()N 215.97, 1A,OR1DA S'f)-Vl'U"lT
Audit Requirements rev.06/0112017 Peg
I Packet Pg. 4894
State ect(s)
CSFA #
CSFA Title Amount
.
. . .............................. . - -----
--------------------------------------------------_____ ___ ------------- -
Total Federal Awards I
- - -- - - - - - - - - - - - - - - - - - - - - - ------
Audit Requirements rev.06/0112017 Peg
I Packet Pg. 4894
FWC Agreement No. 16059
Me "AMIMMM VM9 IRIMINDIMM a ILI ow.11,41MISM an
NOTE: Section 200,513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the information about Federal Programs and State Projects included
in Exhibit 1 be provided to the Grantee.
IZMMI��
Audit Requirements rev.06/0112017 Page
I Packet Pg. 4895
1 ..
Federal Copy of
ATTACHMENT C
Mr Nick Wiley, Executive Director
El-ainda Fish and Wildlife Conservation Commimim.
620 South Meridian Street
Taltahassee, FL 32399-1600
If-UNS #: 838103893
Fundiva Information:
The table below documents the approved funding for this award, including the Federal share and
non-Federal match:
MEN=
Lam
LIMMI iiii�ii 1; 01MCM-11111
' ''1 1111111111111 INFA110111" �= "', OM
TVIVINIVIls III ilQrloruance TIIYMI�rr' ZVV�OVO tMeSS 01HUMISC SPCQIIIQdIIY WU1VGX X1 LIMS VW411X-
See Project and Budget Revisions section in enclosure.
loll
I L*J V1111tarvivoLmLl I r1fam a I I ILI way It
All Reports should be sent to r4federalassistatit-t fy c V The TRACS number(s) for this
grant is: .
Snecial Conditions and Provisions-
i ' ' I ' ' #1 1 . - ■
NOUN# -
1 1 i
-N
Torre Anderson
Deborah Furrow, Boating Access Coordinator
US Fish & Wildlife Service
Florida Fish and Wildlife Conservation Commission
1875 Century Boulevard
620 South Meridian Street
Atlanta, Georgia 30345
Tallahassee. FL 32399
404.679.4168
8506179517
1i
Torre Andersonafws.zov
Deborah.Furrmv(&.mvfwc.00m
C.2t}.a
Packet Pg. 1899
Additional Information
Failure to Report In accordance with the Service Manual chapttr 516 y7 Pe'formance Rapornugyo 3
Grant cino' Co()Pe� five Arvemeni Awordv. failure to submit reports bY there due dates may res in
the following progressive act ions, hic In di ng but n or I int i red to
3) riot i I ing you r S tate Direc tor i it writ in R that ƒA Status, andlor Project Performance
neolo,pluumv, i n C I ud i ng s uspe n s J on or
�C. 3 )'12 t)�
I
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
Z�
public for a minimum period of twenty (20) years from the date of this dedication,
Original signature
Printed Name
Title
Date
STATE OF FLORIDA
COUNTY OF
Witness
Printed Name
Witness
Printed Name
The foregoing instrument was acknowledged before me this day of -- – - — --- – --------------- - ---------- --------- –.
by . . . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . - --------------------------------------- who is personally known to me or who
produced ............ . . ........ as identification.
Stamp: ---- --------- - - - ----
Notary Public, State of Florida
Attachment E FWC Contract No. 16059
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 who 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.
(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.
j �.
" liq 11
I ir liq 1111111 vil
46150 Federal Register/ Vol. 76, No. 147 /Monday, August 1, 20111 Rules and Regulations
.... .............. ..... ...... ... .... .. ........... ... ........... .....................
m
Financial Assistance: Wildlife
Restoration, Sport Fish Restoration,
Hunter Education and Safety
AGENCY: Fish and Wildlife Service,
Interior,
ACTION: Final rule,
tW
Federal Register/ Vol. 76, No, 147 / Monday, August 1, 2011 /Mules and Regulations 46151
Subpart D—Certification of Ticonse
Holders
Section 80.31 How does an agency
certify the number of paid license
holders?
Section 80,33 How does an agency
decide who to count as paid license
holders in the annual certification?
tW
46152 Federal Register/Vol, 76, No. 147/Monday, August 1, 2011/ Rules and Regulations
. ... . . . ... ................. ... . . . ............................ ... ..................... ......... .
Federal Register / Vol. 76, No, 1.471 Monday, August 1, 20111 Rules and Regulations 46153
. . ......... . . . . . ........... . ... ... ............... ... ............................. . . ........................................ .................. ...............
Section 80M (80,53 in final rule)
What activities are ineligible for
funding?
Section 80.66 What requirements
apply to allocation of funds between
marine and freshwater fisheries
projects?
Subpart I—Prograin Lecome
Section 80,120 What is program
income?
tW
46154 Federal Register\\/ : 66:&o . 147/Monday, August 1, 2011/Rules and Regulations
. . . . ......... ... . . ... . ...............................
government.
» Whether the rule will create
inconsistencies with other Federal
Federal Register/Vol. 76, No. 147/Monday, AUgU.St 1, 2011/Rules and Regulations 46155
............... ..................................
This final rule does riot have
sufficient Federalism effects to warrant
preparaG on of a Federalism assessment
to 131M It will riot interfere
with the States' ability to mmom ,
themselves or their funds. We work
Civil festive Reform
Government -to-Government
Relationship Willi Tribes
Final Regulation Promulgation
Forthe reasons discussed i ri Ilia
preamble, we an title 50 of the Code
of Federal Rog idations, chapter 1,
subchapter F, by revising part tio to reed
, as set forth below:
Title 50--Wildlife and Fisheries
Subpart A—General
sec,
801.1 What doex this part (to?
80,2 ViThat terms (to I need to know?
46156 Federal Register/Vol. 76, No, 147/Monday, August 1, X1111 Rules and Regulations
...... .... .. .....
closely with the States in administration and (d) reporting on the use of Federal Energy Supply, Distribution, or Use
of these programs, and they helped us funds, noitch, and program income, (E, 0. 13211)
Federal Register/Vol, 76, No. 147/'Mondayr, Atioust 1, 20111 Rules and Re iflations 46157
........ ...
Subpart I—Program Income
80.120 What is program incoxna?
80,121 fvlayaii agency t:iirxil)rogi
hicolne?
Subpart L—Information Collection
80.160 Whet are the inforiauLiouculloction
requirenwi is w lbi part'
Authoritv; le U,S.C, FCf) - 16 U&C,
7 77- excopt 7710-1 and g--1.
Subpart A—General
§:30.°9 What does this part do?
tW
46158 Federal Register 1 Vol. 76, No. 1.47 Monday, August 1, 2011 / Rules and Regulations
desired status of fish and wildlife, it
the legal entity an is accountable for
u ndoar a comprehensive management
develops a strategic: plan and carries it
the use of F'eder'al fun ds, matching
syst�ml en
Milt, through an operational planning
funds, and matching in -kind
P flip t h! - project giant ,pearls an
process; and it evaluates results. The
contributi
award of money based on a detailed
planning period is at least 5 years using
Tease means an agreement in which
statement of a project or projects and
a minimum 15 -year projection of the
the owner of a lee interest transfers to
dither sa q,ip €iitila €111' €ti11 °1 €talion.
desires and needs of the State's citizens.
a lessee the right of €- eicfusive possession
Real lc -op,, rti als ole" %overal, or
A conrprehonsive- anage e.nt- system
and rise cif an area of land or renter for
all interests, benefits, and rights
grant funds all or part of a State's
a fixed period, which may be renewable,
inherent in the ownership of a pastel of
comprehensive management system,
'Flip lessor {cannot readily revoke the
land or ranter, Examples of real property
Construction means the act of
lease at his or her discretion. The lessee
include fee and leasehold interests,
building or significantly renovating,
pays ren periodically or as cl single
conservation easem ents, and mineral
altering, or repairing a Structure.
payment. The lessor List be able to
rights.
Acquiring, clearing, and reshaping land
regain possession of the lessee's interest
(1) A parcel includes (runless limited
and derriolishhlg structures are types or
(Itessishold interest) at the and of the
by its legal description) the air space
phases of construction. Examples of
lease terns, An agreement that does not
above the parcel, the Term l below it,
structures ar buildin s roads, p arking
correspond to this definition is not a
and anything physically and firmly
ly
lots, utility lines, fences, pites, Wells,
lease even if it is labeled as one.
attached to it by a natural pr ocess or
pump stations, ditches, darns, dikes,
Match means the value of any non-
human action. Examples include
w ater- control Structures, fish - hatchery
Federal in -kind contributions and the
standing timber, other Vegetation
raceways, and Shooting ranges.
portion of the costs of a grant - funded
(exc <ept arinual crops), buildings, roads,
Director means,
project or projects not borne by the
fences, and other str
(1) The person whom the Secretary;
Federal Government,
(2) A parcel may also have rights
(r) Ap as the chief executive
I'dic=snru p rop ert y means £iTl ythirlf,
attached to it by a legally prescribed
official of the t1.S. Fish and Wildlife
tarigihle or intangible that is not real
p r£ieedtre, Example hl£lli €le water
Service, and
property,
rights or an access easement that allows
(ii) Delegated authority to administer
(� } Tangible personal property
the parcel's owner to travel across an
the Acts nationally; or
in clude , ,:
a d ai ;ea p €i£ id,
(2) A deputy or another person
(i) Objects, Stich as equipment and
3) l "lit; li ,;,li classification of an
authorized temporarily to administer
supplies, that are moveable without
interest, benefits or right depends on its
the Acts nationally,
Substantive daceigo to the land or any
attributes rather than the name assigned
Diversion means any rise of revenue
structure to which they may be
to it. For example, a grazing "lease" is
from hunting and fishing licenses for a
attached;
often a type of personal property known
purpose other than lidearinistration of the
(ii) Soil, rock, gravel, minerals, gas,
as a license, which is described in the
State fish and Wildlife agency,
oil, or water after excavation or
definition of personal property fit this
>P,f' interest means the right tda
extraction from the surface or
section.
possession, use, and enjoyment of a
subsurface;
Regional Director means the person
parcel our land or water for an indefinite
(iii) Com modities derived from trees
appointed by the Director to be the chief
period. A flue Interest, as used in this
or other vegetation after harvest or
executive official of one of the Service's
part, may f i, , t his:
separation from the land; and
geographic regions, or a deputy or
(1) Fee sill w hich includes all
(iv) Annual crops before or after
another person temporarily authorized
possible interests or rights that a person
harvest,
to exercise the authority of the chief
can hold in a parcel of land or 'hater; or
() Intangible personal property
executive official of one of the Service's
(2) Fee with exceptions to title, whicch
includes:
geographic Regions. This person's
excludes one or m ore real property
(s) Intellectual property, such as
responsibility does not extend to any
interests that would otherwise be part of
patents or copyrights;
adm inistrative units that the Service's
the fee simple.
(ii) Securities such as bonds and
Wasbingtou Office supervises directly
G rant m eans an award of money, the
interest - bearing accounts; and
in that ;,!e ogra1)1no Region,
principal purpose of which is to transfer
(iii) Licenses, which are personal
S'ecrr:dior is t €w ans flier person appointed
funds or property from a Federal agen
privileges to use an area of land or Water
by the f'resith -lilt to direct the operation
to a grantee to support or stimulate an
with at least one of the following
of the Department of the tntertor, or a
authorized public purpose inkier the
attributes:
deputy or another person who is
Acts. This part uses the term grant for
(A) Are revocable at the landowner's
to porarily authorized to direct the
both a grant and a cooperative
discretion;
oporatimi rat 111 ;i Department,
agroc ont for convenience of reference.
(b) Terminate when the landowner
Sor"i icl io €.iiiis the U.S. Fish an €I
This rise does not affect the legal
dies or the area of land or water passes
Wildlife Service.
distinction between the two
to another owner; or
,Sport fish m eans aquatic, gill-
instrum The meaning of grant in
(Ci) Do not transfer a right of exclusive
breathing, vertebrate animals with
the term grant funds, grant-funded,
use and possession of an area of land or
paired fins, having material value for
under a grant, and under the grant
water.
recreation in the marine and fresh
includes the matching cash and any
Project means one or more related
waters of the United States,
snatching in -kind contributions in
undertakings in a project -by- project
State means any State of the United
addition to the Federal award of money,
grant that are necessary to fulfill a need
States, the Commonwealths of Puerto
Grantee inearis the State fish and
or needs, as defined by a State fish and
Rico and the Northern Mariana Islands,
w ildlife agency that applies for the grant
Wildlife agency, consistent with the
and the territories of Ginm , the US,
and carries out grant - funded activities
purposes of the appropriate Act. For
Virgin Islands, and American Samoa,
in programs authorized by the Acts. The
convenience of reference in this part,
State also includes the District of
State fish and wildlife agency acts oil
the meaning of project includes an
Columbia for purposes of the Dingell -
behalf of the State government, which is
agency's fish and wildlife program
Johnson Sport Nish restoration Act, the
Federal Register/Vol, 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46159
... ..... . ........ .. .......
or
(3) Under the jurisdiction of a State
fish and wildlife agency.
Subpart B—State Fish and Wildlife
Agency Eligibility
§80.10 Who is eligible to receive the
benefits of the Acts?
(2) Used only for administration of the
State fish and wildlife agency, which
a
i of �l u des dril the functions required to
inanage the agency and the fish- and
wildlife-related resources for which the
agency has authority under State law,
§80.11 How does a State become
I neliglble to receive the benefits of the
Acts?
Subpart — License Revenue
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46160 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
............................... ............... ................ ..... - .................. ..... .....
(2) The Director must agree that the
holders by responding to tho Director's
(2) Before completing the first
replacement property moats the
annual request for the following
certification following any change in the
requirements of paragraph (c)(1) of this
information:
licensing system that could affect the
section,
(1) The number of people who have
number of license holders,
paid licenses to hunt in the State during
§80.23 Does a declaration of diversion
the State.-specifib(i cortification period
§80.32 What is the certification period?
affect a previous Federal obligation of
(certification
(certification period); and
A certification period must:
funds'?
number of people who have
(a) Be 12 consecutive months;
No. Federal funds obligated before the
paid licenses to fish in the State, (ftlriru�
0
fid Correspond to the State's fiscal
date that the Director declares a
the ccrtifical ion period.
year or I i (;a rise year;
diversion remain available for
fid The aancy (it r, -cl or or his or her
(c) Be consistent from year to year
expenditure without regard to the
intervening period of the State's
designee:
(1) Must certify the information at
unless the Director approves a change,
0
0
ineligibility, See § 80,91 for when a
Federal obligation occurs.
paragraph (a) of this section in the
forni,it lli.it the
and
(d) End at least I year and no alone
(2) 'Nvlust pn (a l €:• dc oanuentzil ion to
than 2 years before the beginning of the
Subpart D—Certification of License
support the accuracy of this information
Federal fiscal year in which the
Holders
at t 1 1 c 1) i ro I request;
apportioned funds first become
i3) 1% 1€'!jq1acvible for eliminating
available for expenditure.
§80.30 Why must an agency certify the
number of paid license holders?
1111,11ii 1 Ae counting of the same
individuals in the information that he, or
§80.33 How does an agency decide who
A State fish and wildlife agency must
she certifies; and
to count as paid license holders in the
annual certification?
certify the number of people having
paid Bonuses to hunt and paid licenses
(4) May use statistical sampling,
automated record consolidation, or
(a) A State fish and wildlife agency
to fish because the Service uses these
other techniques approved by the
must count only those people who have
a license issued;
data in statutory formulas to apportion
funds in the Wildlife Restoration and
Director for this pur j i c N't �
(c) If an agency direr tor uses
(1) In the license holder's name; or
Sport Fish Restoration programs among
statistical sampling to eliminate
(2) With a u in i que i d an ti fier I her is
the States.
multiple counting of the same
traceable to the license holder, who
individuals, he or she must ensure that
must be verifiable in State records,
§80.31 How does an agency certify the
the sampling is complete by the earlier
(b) An agency must follow the rules
number of paid license holders?
of flei fl)llcoving:
in this table in deciding how to count
(a) A State fish and wildlife agency
(1) l•it years after the last statistical
license holders in the annual
certifies the number or paid license
sample; or
certification:
of license holder How to count each license holder
Once,
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 the license from the and the costs of printing and
revenue from a license? revenue generated by the license. distribution,
The State fish and wildlife agency Examples of costs of issuing licenses are
must calculate not revenue from a vendors' fees, automated liconse-systern,
license by subtracting the per-license costs, licensing-unit personnel costs,
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46161
....... . ....... . ....... ..
§8039 May the Director correct a Service
error in apportioning funds?
Yes, The Director rnav correct any
error that the Service makes, in
apportioning funds,
Subpart E—Eligible Activities
§80.50 What activities are eligible for
f u acting under the Pittman-Robertson
Wildlife Restoration Act?
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46162 Federal Register/Vol, 76, No. 147/Monday, August 1, 2011/Rules and Regulations
. . ....... . . ....... .. . . .. ......... .....
§80.52 Mayan activity be eligible for
funding It It Is not explicitly eligible in this
part?
An activity may be eligible for
ffinding even if this part does not
Federal Register/ Vol. 76, No. 147 /Monday, August 1, 2011/Rules and Regulations 46163
. ..... ....... ...
(c) Uses a planned approach, Subpart F—Allocation of Funds by an subprogram (Basic li Education)
appropriate procedures, and accepted Agency and the Enhanced Ilunter Education
principles of fish and wildlife and Safety nrocram (Enhanced Hunter
conservation and management, research,
or education; arid
(d) Is cost effective.
§80.60 What is the relationship between
the Basic Hunter Education and Safety
subprogram and the Enhanced Hunter
Education and Safety program?
The relationship between, the Basic
Hunter Education and Salary
0
Education) is as follows:
Basic Hunter Education funds
Enhanced Hunter Education funds
(a) Which activities are eligible for funding? Those listed at § 80 50(a) and ho
(b) How long are funds available for obligation?
(c) What if funds are not fully obligated during
the period of availability?
Two Federal fiscal years
The Service may use unobligated funds to
carry out the Migratory Bird Conservation
Act (16 U.&C. 715 at seq).
(d) What if funds are fully obligated during the If Basic Hunter Education funds are fully obli-
period of availability? gated for activities listed at 80,50(b), the
agency may use that fiscal year's En-
hanced Hunter Education funds for eligible
activities related to Basic Hunter Education,
Enhanced Hunter Education, or the Wildlife
Restoration program.
....................... . ... . .........................................................................................................................................................................
46164 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
................. .... ....... ............... ---- ............
Subpart G-- Application for a Grant
§80.80 How does an agency apply fair
grant?
(a) tin agency applies for a grant by
sending the Regional Director:
W Completed standard forms that arc;
Ill Approved by the Office of
Management and Budget for the grant
application process; and
(ii) Available on the Federal Wet) site
for electronic grant applications at
http:1Ar and
(2) Information required for a
C;ompr(.be,nsivc-management-systeiiI
grant or a project-by-project grant.
(b) The director of the State fish and
wildlife agency or his or her designee
must sign all standard forms submitted
in the application process,
(c) The agency nuist send copies of all
standard Forms and supporting
in Formation to the State Clearinghouse
or Single Point of Contact before
sending it to the Regional Director if the
State supports this process under
Executive Order 12372,
Intergovernmental Review of Federal
Programs.
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}f 2 / Vol. 76, No. 147 / Monday, August 1,2011 / e and Regulations 46165
. ..... ... .. .
Subpart H—General Grant
Administration
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46166 Federal Register / Vol. 76, No, 147 / Monday, August 1, 2011 / Rules and Regulations
§80.85 What requirements apply to (fl) Monitoring the use ref f liconso
Federal Register/ Vol, 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46167
........... . . . . . . ....... ... ... ... . . ... . . . ..... . . ..... ..
(1) The goods or services exchanged have the same
market value,,
(1) 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
(H) Must disclose that barter transactions occurred and identify what was bartered in
the Remarks section of the Federal financial report.
46168 Federal Register/Vol, 76, No. 147 /Monday, August 1, 2011/Rules and ROgUlations
(b) The symbol of the Di rige I I -Johnson
Sport Fish Restoration Act fol lows:
"4MMM
M
§80.100 Does an agency have to display
one of the symbols in this pan on a
completed project?
No, A State fish and wildlife agency
does not have to display one of the
symbols in § 80,99 on a project
Subpart I—Program Income
§80120 What it program income?
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46169
.... . . ... . . . ..................... . . . . . . . ................................................................... . . . ..... .............. ...........
Method
(1) Deduction ... . - -- .
(2) Addition .
(3) Matching ... ...
statement, the subgramee does not have
to account for any income that it earns
after the grant period unless required to
do so in the subgrant agreement or in
any subsequent contractual agreement.
Subpart J—Real Property
§80.125 How must an agency treat income
that it earns after the grant period?
(a) The State fish and wildlife agency
must treat program income that it earns
after the grant period as either:
(a) A State fish and wildlife agency
may choose any of the three molhods
listed in paragraph (b) of this section for
0
46170 Federal Register/Vol, 76, No. 147/Monday, August 1, 2011/Rules and Regulations
....... . . ................. . . ... . ........
§80.134 How must an agency use real
property?
(a) If a grant funds acquisition of an
nil-erest, in a parcel of land 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 oil which the
capital improvement is located; or
(2) Build the structure in which the
(;Hl )iLal iniprov ors leo is a component.
c) If a gra i it 1) 1 ni Is managim wi il.
operati on, 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 the grant
period. The agency must do this even if
it 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 those secondary uses do not interfere
with the authorized purpose of the
grant,
Subpart K— Revisions and Appeals
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Federal Register/Vol. 76, No. 1471 Monday, August 1, 2011/Rules and Regulations 46171
Subpart L—Information Collection
§80.151 Mayan agency appeal
decision?
De t(o) July 19, 2011
Racbel jacobwn,
Acting Assistant Secretaeyfor Fish and
Wildlifie and Parks,
[F `R Doc, 2Q11-192013 Filed 7-2'3-11: Bo15 am]
BILLING CODE 4310-55-P
•
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is 11=
Tallahassee, Florida 32399-1600
Remit payment to:
G rantee:
FEID #:
Address:
laaOlqPM
Attachment # G
Invoice No.
LO
Invoice Date:
FWC Contract #:
0
M
Amount of Grant Award: $
Billing Period/ Dates of Service:
From:
To
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching f un ds, in -kind or cash, were utilized toward the project in this Agreement.
Page I of 3
FWC Contract No. 16059
Attachment # G
Signed, Date:
Project Manager
Mum
FWC Contract No. 16059
Partial Payment Request Form
FWC Contract #
BME=
Attachment # G
Signature
Title
Date
FWC Contract #
Grantee-
Reporting Period (Month/Year): ..:...-m_ --------
(Due 15 days after the end of each quarter)
ProjectTitle: . ................... .................................................. . . . . . . ... - — ---- - --- — ------- - --- -------
1. Describe progress of project, including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by Phase I due date? YES [] NO ❑
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)
0 Bid package
El Bid tabulation
F1 Progress photographs
El Final photographs
Project Manager
. . . . . . . . . ............ — . . ........ ...._a - -- - ------
Print Name
Date
........ . . . . . . . . . . . . . . . . . ............................ . . .............
Phone
FWC Contract No. 16059
0
Florida Boating Improvement Program
CERTIFICATION OF COMPLETION STATEMENT
(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 s. 775.082 or a. 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 terms of the Agreement.
Division:
Ely Date: -- ,,,,, - ,,,,, ----
Title: