Item H5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 October 2006
Division:
Growth Management
Bulk Item: Yes -L No
Department:
Marine Resources
Contact:
George Garrett
AGENDA ITEM WORDING:
Extension of time on the Contract Agreement between Monroe County and the Florida Department of
Environmental Protection (FDEP) to receive $250,000 in Clean Vessel Act (CV A) Funds. DEP requests a
Change in Grant Manager as designated in Amendment No. 1.
ITEM BACKGROUND:
At the November 2004 BOCC meeting, the Board approved the submittal of an application to receive CV A
funds. Funds will assist on offsetting the cost of paying for pump-outs in Monroe County based on the high
cost of hauling sewage effluent out of the Keys.
PREVIOUS RELEVANT BOCC ACTION:
November 2003 - Approval to submit grant application
CONTRACT/AGREEMENT CHANGES:
Time extension of Contract LE 507 and change in FDEP Grant Manager.
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$250.000
BUDGETED: Yes
No~
COST TO COUNTY:
None
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ~ AMOUNT Per Month
Year
APPROVED BY: County Atty ----X- OMBJPurchasing ~ Risk Management ~
DOCUMENTATION: Included X To Follow _ Not Required
DISPOSITION:
AGENDA ITEM NO.:
BC061051 DEP CVA AIS,doc
10;2/20068:22:48 AM
MONROE COUNTY BOARD OF COUNTY COMMISSIONER~0:"';':;';>'i
o 0 0 c<""~ ^ ^'~" c~ ~ '.~ ~',~" cc?;~ ~':-'-' ': .'" ^~ c:'
CONTRACT SUMMARY
Contract with:
FDEP
Contract #LE507
Effective Date:
Expiration Date:
October 1, 2006
October 31,2009
Contract Purpose/Description:
Contract between Monroe County and the Florida Department of Environmental
Protection (FDEP) to receive $250,000 in Clean Vessel Act (CV A) Funds. Funds will
assist on offsetting the cost of paying for pump-outs in Monroe County based on the
hi h cost of haulin sewa e effluent out of the Ke s.
Contract Manager: George Garrett
(Name)
2507
(Ext.)
#11
(Department/Stop #)
for BOCC meetin on
10/18/06
A enda Deadline: 10/03/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 250,000.00 Current Year Portion: $ 75,000
Budgeted? YesD No [2J Account Codes: 125-53018-530340-GB0418-530340
Grant: $ 250,000 _-_-_-_-_
County Match: $ 0 _-_-_-_-_
- - - -
~~--~
Estimated Ongoing Costs: $N8Iyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(ell.. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Managfment
~ \1~:!.
O.M.B./Purcha'Smg
Changes
Needed
YesD No~
YesD NoG
Date Out
Date In
Division Director 'fIzz} 26
I
Reviewer
~~>>I>>> < J
/' v/
({\ tstJY~
County Attorney
YesD No[J/
YesD N00 #d~ x) C~
Comments:
Department of
Environmental Protection
Jet Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399.3000
Colleen M. Castille
Secretary
August 29, 2006
Chairperson, Monroe County
Board of County Commissioners
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Re: CVA 03-361, LE507
Dear Chairperson:
Enclosed are two copies of Amendment No. I for the above referenced Grant Agreement under Florida's Clean
Vessel Act Grant Program. It is important that both amendments are sil!:ned and returned to this office
immediatelv. Please be sure the person signing the amendments has the authority to execute contracts for the
grantee and return to the following address:
Florida Department of Environmental Protection
Attention: Florida Clean Vessel Act Program, Brenda Leonard
Bureau of Administrative Support, Mail Station 665
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
We would like to take this opportunity to encourage you to apply for grant funding in the future. Grant funds are
available for pumpout system repairs or replacement, pumpout boats, and sewage hauling.
Should you have any questions or concerns, this office will be happy to assist you. You may contact me at (850)
245-2847 or Diane Barber (850) 245.2865. Again, thank you for your part in helping keep Florida's waters
clean.
Sincerely,
/~ Iu~~
Brenda Leonard
Program Manager
Clean Vessel Act Grant Program
Enclosures
BL/db
p~jf1ted on recycled payer.
DEP AGREEMENT NO> LE507
AMENDMENT NO.1
THIS AGREEMENT as entered into on the 28t!; day of January, 2004, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP")
and MONROE COUNTY BOARD OF COlJNTY COMMISSIONERS, (hereinafter referred to as "Grantee" or
"Recipient") is hereby amended>
WHEREAS, the Department's Grant Manager has been changed; and
WHEREAS, the Agreement needs to be revised to reflect this change.
NOW, THEREFORE, the parties hereto agree as follows:
Paragraph 10 is hereby deleted and replaced with the following:
10.
A.
In addition to the requirements of the preceding paragraph, the Grantee shall comply with
the applicable provisions contained in Attachment B-1 (Revised Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to
Attachment D-l summarizes the funding sources supporting the Agreement t'Or purposes
of assisting the Grantee in complying with the requirements of Attachment D-l. A
revised copy of Exhibit 1 must be provided to the Grantee f'Or each amendment which
authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy
of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review
Manager at 850/245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The Grantee shall consider the type of financial assistance (federal and/or
state) identified in Attachment D-l, Exhibit 1 when making its determination. For
federal financial assistance, the Grantee shall utilize the guidance provided under OMB
Circular A-I33, Subpart B, Section ~.21O for detennining whether the relationship
represents that of a subrecipient or vendor. For state financial assistance, the Grantee
shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Detennination" (form number DFS-A2-NS) that can
be found under the "Links/Forms" section appearing at the following website:
hups: /Iapps. fldb. com/f~ll1!
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these
requirements.
Paragraph 14 is hereby revised to change the Department's Project Manager from Jan R. DeLaney to
Brenda Leonard.
The following language is hereby added to the Agreement as paragraph 27:
27. Land acquisition is not authorized under the terms of this Agreement.
Attachment D, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment
D-l, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment D shall hereinat1er refer to Attachment D-l, Revised Special
Audit Requirements.
DEP Agreement No. LE507, Amendment No.1, Page 1 of2
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last \vTitten below.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:~___
Title*:
By:
Director, Division of Law Enforcement
or designee
Date:~~
Date:
~/J~
Brenda Leonard, DEP Grant Manager
. tJ J) J f~ (~J/.I'___..
L ~uL '~X_..J.g~
DEP Contracts Administrator
MONROE COUNTY ATTORNEY
Approved as to form and legality:
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the governmental board/commission must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify
Type
Attachment
Letter!
Number
D-I
Description (include number of pages)
'Revised Special Audit Requirements (5 Pages)
DEP Agreement No. LE507, Amendment No.1, Page 2 of2
ATTACHMENT D-l
REVISED SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "PDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A.133 and Section 215.97, F.S" as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department statT. limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor GeneraL
AUDITS
P ART I: FEDERAL!.. Y FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-] 33, as revised, EXHIBIT 1 to this Agreement indicates Federal funds awarded through the D'-"Partment
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part
2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-B3, as revised, the cost of the audit must
be paid from non-Federal resources (i.e" the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
DEP 55-215 (04/06)
DEP Agreement No. LE507, Attachment D-l, Page 1 of5
PART II: STATE FliNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)( m), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II. paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 1Q,550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.c., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https:/lapps.fldfs,comifsaa! or the Governor's Office
of Policy and Budget website located at hrtp:!lwww.ebudgetstate.fl.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://wwwJeg.state.fl us/Weleome/index.cfm, Governor's Website http://www.myf1orida.com!.
Department of Financial Services' Website http://w\vw.fldfs.com/and the Auditor General's Website
hrtp:! /www.state.fl.us!audzen/pages/flsaa.htm.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specif}' any additional audit requirements imposed by the State awarding entity
that are sole(v a matter of that State awarding entity's policy (ie., the audit L, not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes. State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for fimding the fit/I cost of such additional audits)
PART IV: REPORT SUBMISSION
1. Copies ofreporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55.2l5 (04i06)
DEP Agreement No. LE507, Attachment D-I, Page 2 of5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133. as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133. as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
JeffersonviHe, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-l33, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55.2l5 (04/06)
DEP Agreement No. LES07, Attachment D-1, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Deparlment of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers arc made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEI' 55-2i 5 (04/06)
DEP Agreement No. LE507, Attachment D-l, Page 4 of 5
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