Item B04
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMS~RY
Division: Growth Manae:ement
Department: Marine Resources
Meeting Date: February 22. 2001
Bulk Item: Yes X No
AGENDA ITEM WORDING:
Approval of a Boating Improvement Program grant agreement with the Florida Fish and Wildlife Conservation
Commission for funding of the Boot Key Harbor Mooring Field Project.
ITEM BACKGROUND:
The Department of Marine Resources has been implementing the recommendations of the Boot Key Harbor Ad Hoc
Committee over the last several years in an effort to eliminate negative boating impacts and improve water quality in
Boot Key Harbor. In September 2000 Marine Resources staff assisted the City of Marathon in acquiring a grant to
be used for the completion of those implementation efforts. However, on 26 January the Florida Fish and Wildlife
Conservation Commission retracted it's grant offer to the City of Marathon and advised that they would award the
grant to Monroe County instead. Apparently the City had failed to sign and activate the grant agreement.
PREVIOUS RELEVANT BOARD ACTION:
The Board previously authorized the Department of Marine Resources to submit permit applications for the
installation of a mooring field and the implementation of a management plan for Boot Key Harbor.
STAFF RECOMMENDATION:
Approve the grant agreement.
TOTAL COST: $90,000 BUDGETED: Yes X No
COST TO COUNTY: 0
AMOUNT PER MONTH N/A PER YEAR N/A
APPROVED BY: County Attorney X X Risk Management X
DEPARTMENT DIRECfOR APPROVAL:
DNISION DIRECfOR APPROVAL:
Timo
DOCUMENTATION: Included X To follow ~
DISPOSITION: Agenda Item #:
MO~~OE COUNTY BOARD OF COUNTY COMl\fISSIONERS
CONTRACT SUMMARY
Contract # :.70 \-:,q
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Agenda Deadline: Z- / 5 / 2--06 ~
CONTRACT COSTS
Total Dollar Value ofComract: $ ~b , DoC> Current Year Portion: $ ~D ,066_
Budgeted? Yes L-/ No Account Codes: i1..~ - b'lS\~ -~c4<r.Q-a.1>DJl.t;-$'~3"Yo
Grant: $ C\b 060
County Match: $ j\..) / ,\
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance. utilities. janitorial. salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No
Division Director I I ( ) ( ) I I
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'.iB Form RevIsed 8/30/95 MCP n
,FLORIDA FISH AND WILDUFE CONSERVATION COMMISSION
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BARBARA c. BARSH QillNTON L. HEDGEPETH, DDS H.A. "HERJ(Y" HUFFMAN DAVID K. MEEHAN
Jacksonville Miami Deltona St. Petersburg
JUUE K. MORRIS TONY MOSS EDWIN P. ROBERTS, DC JOHN D. ROOD
Sarasota Miami Pensacola Jacksonville
AUAN L EGBERT. Pb.D.. E1IIecuIift DinlcIDr
VICTOR J. HELLER. Assistant E1IIecuIift DinlcIDr
JAMES V. AN11STA, General Counsel
OFPICE OF 11IE GENllRAL COUNSEL
(850)'187-1764 TDD (850)488-9542
January 26,2001
George Garrett, Director
Monroe County Department of
Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Dear Mr. Garrett:
The Florida Fish and Wildlife Conservation Commission (FWC), on September 25,2000,
approved an application for the Florida Boating Improvement Program (FBIP) filed jointly by the
City of Marathon and Monroe County. The application sought $100,000 from the FWC in order to
construct a mooring field in Boot Key Harbor. The FWC is supportive ofthis important project and
would like to see it completed.
The FWC has reviewed the current status of the grant and found the following. Monroe
County, as co-applicant to the project, has sought permitting from the Florida Department of
Environmental Protection. The County is also the owner and operator of the marina and other
properties to be affected by the project. The County has also expressed a willingness to immediately
accept the funding and act on the project within the project's completion date. To date, the City has
not accepted the grant agreement and has neglected to act in furtherance of the project. Therefore,
having considered all of the above facts, the FWC has determined that Monroe County, as co-
applicant, should be allowed to accept the grant and move forward with the proj ect. It must be noted
that because the County is accepting the grant agreement on behalf of both the City and County, as
co-managers, the $100,000 agreement offer is no longer available to the City for the same Boot Key
Harbor project.
The new grant amount will be less than the original grant award because the County has
already received $10,000 in grant monies from the FBIP this year. The FBIP does not permit
approval of funding in excess of $1 00,000 to a single grantee within the program year. Previously,
Monroe County applied for and received $1 0,000 offunding for the Cow Key ChannellRiviera Canal
project. Therefore, under the terms of the FBIP, Monroe County can only receive $90,000 for the
Boot Key Harbor project.
620 South Meridian Street . Tallahassee . PL . 32399-1600
_.state.ft.us/fwl:I
Monroe County, as co-applicant, is filing a substitute application in which the status of the
County as co-manager has been changed to applicant/grantee and the City from applicant/grantee
to co-manager. These application modifications are important to expedite the funding process
necessary for completion ofthe project within the deadline. Attached is a copy of the revised Grant
Agreement and Scope of Work referencing the approved project amount of $90,000. Monroe
County must sign and return the Grant Agreement as soon as possible, so that the project may move
forward. If you have any questions or concerns, please call me at (850) 921-1323.
Sincerely,
000 H. Holley
ssistant General Counsel
cc: Jane Montgomery
Moyer & Associates
210 N. University Drive, Suite 301
Coral Springs, Florida 33071
Captain Alan Richard
Wendy Huszagh
FWCC Agreement No.00139
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERV A nON
COMMISSION, hereinafter referred to as the "COMMISSION" and the Monroe County whose address is
2798 Overseas Hiebwav. Suite 420. Marathon. Florida 33050 and hereinafter referred to as the
"GRANTEE", to conduct a project under the Florida Boating Improvement Program, hereinafter referred to
as the "Program".
In consideration of the mutual benefits to be derived herefrom, the COMMISSION and GRANTEE do
hereby agree as follows:
1. PROJECT DESCRIPTION: The COMMISSION does hereby retain the GRANTEE to perform the
Boot Key Harbor Moorin!!: Field project as defined herein and the GRANTEE does hereby agree to
perform such services upon the terms and conditions set forth in this Agreement and all attachments
and exhibits named herein which are attached hereto and incorporated by reference.
.
2. PERFORMANCE: The GRANTEE shall perform the services in a proper and satisfactory manner as
determined by the COMMISSION. Any and all such equipment, products or materials necessary to
perform these services, or requirements as further stated herein, shall be supplied by the GRANTEE.
The GRANTEE shall perform as an independent GRANTEE and not as an agent, representative or
employee of the COMMISSION.
3. TERM: This Agreement shall begin upon execution by both parties and end November t. 2001,
inclusive. The GRANTEE agrees to complete the project on or before November 1. 200t. Time is of
the essence to this Agreement. The GRANTEE'S final invoice shall be recieved by the COMMISSION
no later than November 1.2001, to receive payment.
4. ANNUAL APPROPRIATION: The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
5. PROCESSING: The GRANTEE shall be paid upon submission of properly certified invoice(s) to the
COMMISSION. Invoices shall contain detail sufficient for a proper preaudit and postaudit thereof and
shall contain the Agreement number and the GRANTEE'S Federal Emplover Identification number.
An orieinal and three (3) copies of the invoice shall be submitted. The COMMISSION shall not
provide advance payment.
The compensation herein recited is exclusive, and the parties hereto agree that the COMMISSION is
not responsible for any other reimbursement, including costs and travel expenses incurred, to the
GRANTEE unless specifically stated.
FWCC 00139 FBIP 00-09
Page 1 of7
6. FEDERALIFLORIDA SINGLE AUDIT ACTS REOUIREMENTS: Effective July 1, 2000, the
Florida Single Audit Act requires all non-State organizations who are recipients of state financial
assistance to comply with the audit requirements of the Act, pursuant to Section 216.3491, Florida
Statutes. In addition, recipients and subrecipients of federal financial assistance shall comply with the
Federal Single Audit Act requirements ofOMB Circular A-133. Therefore, the GRANTEE shall be
required to comply with the audit requirements outlined in Attachment B, titled "Requirements of the
Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as
applicable.
7. PERMITS: GRANTEE agrees not to proceed with construction until all necessary permits are
obtained and copies thereof provided to the COMMISSION.
8. APPROV AL: Any study or brochure produced by the GRANTEE shall be provided to the
COMMISSION prior to final printing and submission for payment.
9. INVOICE PROCESSING: The GRANTEE understands that section 215.422, Florida Statutes
establishes certain state agency responsibilities and grants certain vendor rights with respect to invoice
processing time limits and dispute resolution. Upon receipt, an agency has five working days to inspect
and approve the goods and services, unless the bid specifications, purchase order or contract specifies
otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Florida Department
of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or
the date the goods or services are received, inspected and approved. The invoice payment requirements
do not start until a properly completed invoice is provided to the COMMISSION.
A Vendor Ombudsman has been established to act as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted at (850)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3782.
10. INTEREST PAYMENT: In accordance with section 215.422, Florida Statutes, the COMMISSION
shall pay the GRANTEE interest at a rate as established by section 55.03(1), Florida Statutes, on the
unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a
correct invoice and receipt, inspection and approval of the goods and services. Interest payments of
less than $1 will not be enforced unless a GRANTEE requests payment.
11. INDEMNITY: The GRANTEE hereby agrees to indemnify and hold the COMMISSION harmless
from any and all claims or demand for any personal injury or property damage resulting or occurring in
connection with any activities conducted under this Agreement and shall investigate all claims of every
nature at its expense. In addition, the GRANTEE hereby agrees to be responsible for any injury or
property damage resulting from any activities conducted under this Agreement. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations
set forth in Section 768.28, Florida Statutes.
12. TERMINATION: This Agreement shall terminate immediately upon the COMMISSION giving
written notice to the GRANTEE in the event of fraud, willful misconduct, or any breach of terms and
conditions of this Agreement. Upon such termination, the GRANTEE shall refund any program funds
FWCC 00139 FBIP 00-09
Page 2 of7
received pursuant to this Agreement. Following termination under this provision, the COMMISSION
shall declare the GRANTEE ineligible for further participation in the Program.
13. PHOTOGRAPHS: GRANTEE shall provide progress and final photographs of any construction
projects documenting satisfactory progress and completion prior to requesting payment from the
COMMISSION.
14. CONTACTS: Any and all notices shall be delivered to the parties at the following addresses:
GRANTEE
Marine Resources Planner
Monroe County
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
COMMISSION
Boating and Fishing Access Coordinator
Division of Freshwater Fisheries
620 South Meridian Street
Tallahassee, Florida 32399-1600
CO-MANAGER
Financial Analyst
Moyer and Associates
210 N. University Drive, Suite 301
Coral Springs, Florida 33071
The COMMISSION's Project Manager is the Boating and Fishing Access Coordinator, Division of
Freshwater Fisheries, Phone 850-488-0331. The GRANTEE's Project Manager is Marine Resources
Planner. Monroe County, Phone 305-289-2805. All matters shall be directed to the Project Managers
for appropriate action or disposition.
15. PUBLIC RECORDS: Pursuant to Section 216.2815, Florida Statutes, all records produced or
received in conjunction with this Agreement shall be public record and shall be treated in the same
manner as other public records are under general law. 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, Florida Statutes, and made or received
by the GRANTEE in conjunction with this Agreement.
16. AMENDMENTS: The COMMISSION may at any time, by written order designated to be a
modification order, make any change in the work within the general scope of this Agreement (e.g.,
specifications, time, method or manner of performance, requirements, etc.). All modification orders are
subject to the mutual agreement of both parties as evidenced in writing. Any modification order which
causes an increase or decrease in the GRANTEE's cost or time shall require an appropriate adjustment
and modification (formal amendment) to this Agreement. It is the intention of the COMMISSION and
the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or
received in evidence in any proceeding or litigation between the parties arising out of or affecting this
Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid.
The provisions of this section shall not be waived without compliance with said writing and execution
requirements.
17. PRIDE: It is expressly understood and agreed that any articles which are the subject of, or required to
carry out, this Agreement shall be purchased from the corporation identified under Chapter 946, Florida
Statutes, in the same manner and under the procedures set forth in section 946.515 (2),(4), Florida
FWCC 00139 FBIP 00-09
Page 3 of7
Statutes; and for purposes of this Agreement the person, firm or other business entity carrying out the
provisions of this Agreement shall be deemed to be substituted for this agency insofar as dealings with
such corporation are concerned.
The "Corporation identified" is PRISON REHABIUT A TIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P.RJ.D.E.
12425 28th Street North
St. Petersburg, Florida 33716
Telephone: (727) 572-1987
18. SOLICITATION: The GRANTEE warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the GRANTEE to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the GRANTEE any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award or making of this
Agreement.
19. LEGAL ACTIONS: Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall
be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. It is the intention of the parties that the performance required hereunder
and all legal actions or proceedings whether judicial or administrative arising here from shall be
construed in accordance with and under and pursuant to the laws of the State of Florida and such laws
shall be applicable and shall govern to the exclusion of the laws of any forum without regard to the
jurisdiction in which any legal actions or proceeding may be instituted.
The parties agree that Leon County, Florida, shall be the venue for all actions, at law or in equity, arising
herefrom, to the exclusion of all other lawful venues.
The parties agree that this Agreement conveys no third party benefits and do explicitly acknowledge
that no such benefits or beneficiaries are created hereby.
20. JURY TRIAL WAIVER: As consideration of 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.
21. RECORDS: The GRANTEE shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. The COMMISSION, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of the Agreement and for three (3) years
following Agreement completion. This period shall be extended for an additional two (2) years upon
request for examination of all records and accounts for payment verification purposes by the
COMMISSION or its duly authorized agent. In the event any work is subcontracted, the GRANTEE
shall similarly require each subGRANTEE to maintain and allow access to such records for audit
purposes.
FWCC 00139 FBIP 00-09
Page 4 of7
22. TIME IS OF THE ESSENCE: No delay or failure to exercise any right, power or remedy accruing to
either party upon breach or default by either party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default thereafter.
23. DISCRIMINATION: As a condition of this agreement, the GRANTEE hereby covenents and agrees
not to discriminate against any individual due to race, color, religion, sex, national origin, age,
handicap, or marital status with respect to any activity occurring pursuant to this Agreement.
24. SUBCONTRACT: The GRANTEE shall not subcontract, assign, or transfer work under this
Agreement without the prior written consent of the COMMISSION's Project Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract
consented to by the COMMISSION and agrees to be fully responsible for the payment of all monies due
under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not
be liable to any subGRANTEE (or subcontractor) for any expenses or liabilities incurred under the
subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract.
25. WORKERS COMPENSATION: To the extent required by law, the GRANTEE will be self-insured
against, or will secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of his employees connected with the work of this project and, in case any work is
subcontracted, the GRANTEE shall require the subGRANTEE (or subcontractor) similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered
by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall
comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under the Workers' Compensation statute, the
GRANTEE shall provide, and cause each subGRANTEE to provide, adequate insurance satisfactory to
the COMMISSION, for the protection of his employees not otherwise protected. The GRANTEE
agrees to supply the COMMISSION with proof of insurance, of the types and coverage outlined by the
COMMISSION. The GRANTEE shall provide to the COMMISSION a true copy of the insurance
herein required prior to the execution of the related agreement through the issuance of a purchase order
or the execution of a formal contract. All certificates of insurance or insurance policies shall be with
insurers qualified and licensed to do business in Florida through an authorized Florida Resident Agent.
26. INSURANCE: The GRANTEE, as an independent contractor and not an agent, representative, or
employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of
insurance. The COMMISSION shall have no liability except as specifically provided in this
Agreement.
27. EXCLUSIVE RIGHTS: The COMMISSION shall have exclusive rights to all designs, logos, mottos,
slogans, data or other concepts developed under this Agreement. This provision shall apply whether the
items previously described are in the possession of the GRANTEE or a third party.
28. CONVICTED VENDOR LIST: A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two
for a period of36 months from the date of being placed on the convicted vendor list.
FWCC 00139 FBIP 00-09
Page 5 of7
29. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section 287.134,
Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity.
30. APPLICABLE LAWS: The GRANTEE shall comply with all applicable federal, state, and local
rules and regulations in providing services to the COMMISSION under this Agreement. The
GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state
and local health and safety rules and regulations. The GRANTEE further agrees to include this
provision in all subcontracts issued as a result of this Agreement.
31. PROHIBIT LOBBYING EXPENDITURE: In accordance with Section 216.347, Florida Statues,
this Agreement strictly prohibits the expenditure of Florida Boating Improvement Grant funds for the
purpose of lobbying the Legislature, the judicial branch, or a state agency.
32. COMPLETE AGREEMENT: This Agreement contains the complete Agreement between the
COMMISSION and the GRANTEE and, as of the effective date hereof, shall supersede all other
agreements, communications or representations, either verbal or written, between the COMMISSION
and the GRANTEE.
The COMMISSION and the GRANTEE stipulate that neither of them has made any representations
except such representations as are specifically contained within this Agreement. The COMMISSION
and the GRANTEE further acknowledge that any payments or representations that may have been made
outside of those specifically contained herein are of no binding effect and have not been relied upon by
either party in its dealings with the other in entering into this Agreement.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
FWCC 00139 FBIP 00-09
Page 6 of7
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, and shall become
effective on the last date signed below.
MONROE COUNTY
FLORIDA FISH AND WILDLIFE
CONSERV A TION COMMISSION
Director, Division of Law Enforcement date
Chairman or designee.
date
Name (Print)
Title
FWCC Program Grants Manager
Approved as to form and legality:
County Name
Address
City, State and Zip Code
Federal Employment Identification
Number 59-6000-749 (Monroe)
Remittance Address:
Address
City, State and Zip Code
*If someone other than the Chairman signs the Agreement, a resolution, statement or other document
authorizing the person to sign the Agreement on behalf of the local governing body must accompany the
Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Tvpe
Letter/
Number
Description (include number of pages)
Attachment
Attachment
A
B
Scope of Work (2 Pages)
StatelFederal Single Audit Acts Requirements
FWCC 00139 FBIP 00-09
Page 7 of7
ATTACHMENT A
SCOPE OF WORK
1. The GRANTEE agrees to perform the Boot Key Harbor Moorin~ Field project as
identified in the grant application which is made a part of this Agreement by reference.
Further, the COMMISSION shall review and approve at least 21 days prior to printing all
proposed publications which will be funded by this grant to assure that environmental and
boating safety issues are effectively addressed.
2. The COMMISSION agrees to obligate and make available to the GRANTEE the
approved project amount of 590.000.00 for the project authorized in the Grant
Agreement. The COMMISSION will release the funds on a cost reimbursement basis.
The reimbursement shall be made in a single payment and must be made prior to
December 31,2001. Unless a retroactive waiver for project work has been approved by
the COMMISSION, the GRANTEE understands and agrees that there shall be no
reimbursement of funds for expenses incurred prior to the execution of this Agreement.
3. The request for payment shall consist of an invoice on the organization's letterhead,
clearly marked as invoice, supported by an itemized listing, by category, as reflected in
the original grant application, of all expenditures claimed.
4. Asphalt paving, if any, shall conform with the Florida Department of Transportation's
specifications for road and bridge construction. Bid specifications, contracts, or purchase
orders must specify thickness of asphalt and square yards to be paved.
5. Upon project completion, the engineer, architect or other appropriate professional for the
GRANTEE shall sign a Certification of Completion form that the project was completed
in accordance with the prepared plans and specifications.
6. The GRANTEE will provide final photographs of the completed project documenting
satisfactory completion and submit a Certification of Completion form to be provided by
the COMMISSION which certifies the project has been completed prior to requesting
payment from the COMMISSION.
7. The FWC of Grantee Manager shall, within sixty (60) days after receipt of a final
payment request, review the work accomplished on the project and, if in order, approve
the request for payment.
8. The GRANTEE is responsible for obtaining and providing to the COMMISSION copies
of all permits, licenses, agreements, leases, easements, etc., required for the project before
proceeding with construction.
Attachment A
FWCC 00139 FBIP 00-09
Page 1 of2
9. The GRANTEE shall purchase, erect, and maintain, a permanent sign including the FWC
logo for launching facility projects, or shall attach a permanent plaque for marine
projects, or use some other manner of acknowledgment, approved by the COMMISSION,
identifying the COMMISSION as a funding source for the project.
10. The GRANTEE agrees that the project, when completed, shall be dedicated for public
recreational uses. The dedication shall be for a minimum of twenty-five (25) years and
shall be recorded in the public property records. The GRANTEE further agrees to return
to the COMMISSION funds tendered for the project in the event the project becomes
used for other than the purposes of the project during this period.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment A
FWCC 00139 FBIP 00-09
Page 2 of2
ATTACHMENT B_
REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS
The administration of funds awarded by the Commission to the Contractor/Grantee may be subject to audits
and/or monitoring by the Commission as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS"
below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, 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 Commission. In the event the Commission determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided
by the Commission 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 Comptroller or
Auditor General.
AUDITS
PART I: FEDERALLY 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 $300,000 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
ofOMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded
through the Commission by this agreement. In determining the Federal awards expended in its
fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds
received from the Commission. 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 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 $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost
of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from
recipient funds obtained from other than Federal entities).
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 216.3491(2)(1), Florida
Statutes.
1. In the event that the recipient expends a total amount of State awards (i.e., State financial
assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000
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 216.3491, Florida Statutes; applicable rules of the
Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor
General. EXHIBIT 1 to this agreement indicates State funds awarded through the Commission by
this agreement. In determining the State awards expended in its fiscal year, the recipient shall
consider all sources of State awards, including State funds received from the Commission except
that State awards received by a nonState entity for Federal program matching requirements shall
be excluded from consideration.
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 216.3491 (7), Florida Statutes. This
includes submission of a reporting package as defined by Section 216.3491 (2)(d), Florida Statutes,
and Chapter 10.600, Rules of the Auditor General.
3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event
that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of Section 216.3491 , Florida Statutes, the cost
of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from
recipient funds obtained from other than State entities).
PART III: OTHER AUDIT REQUIREMENTS
None
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this agreement shall be submitted, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following:
A. The Commission at each of the following addresses:
FWCC Program Grants Manager
Division of Law Enforcement
620 S. Meridian Street
Tallahassee, Florida 32399-1600
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 138
620 S. Meridian St.
Tallahassee, FL 32399-1600
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(1) 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 10111 Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and
(t), OMB Circular A-133, as revised.
2. Pursuant to Section .320 (t). 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 Commission at each of the following addresses:
The Commission's Project/Contract Manager at the address in the section titled NOTICE, and
the Commission's Audit Director at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 138
620 S. Meridian St.
Tallahassee, FL 32399-1600
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Commission at each of the following addresses:
FWCC Program Grants Manager
Division of Law Enforcement
620 S. Meridian Street
Tallahassee, Florida 32399-1600
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 138
620 S. Meridian Street
Tallahassee, Florida 32399-1600
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
4. Copies of reports or management letters required by PART III of this agreement shall be submitted
by or on behalf of the recipient directlv to:
A. The Commission at each of the following addresses:
FWCC Program Grants Manager
Division of Law Enforcement
620 S. Meridian Street
Tallahassee, Florida 32399-1600
5 Any reports, management letters, or other information required to be submitted to the Commission
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6 Recipients, when submitting audit reports to the Commission for audits done in accordance with
OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should
indicate the date that the audit report was delivered to the recipient in correspondence
accompanying the audit report.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of three years from the date the audit report is issued, and shall allow the
Commission or its designee, access to such records upon request. The recipient shall ensure that
audit working papers are made available to the Commission or its designee, upon request for a
period of three years from the date the audit report is issued, unless extended in writing by the
Commission.
EXHIBIT - 1
FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
None
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
None
STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING FUNDS FOR FEDERAL PROGRAMS:
None
SUBJECT TO SECTION 216.3491, FLORIDA STATUTES:
Agency:
State Program Title:
CSFA Number
GRANTEE:
Amount:
FISH AND WILDLIFE CONSERVATION COMMISSION
Florida Boating Improvement Program
77.007
Monroe County
$90,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE FUNDS AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
None