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02/22/2001 Agreement 1Dannp 1.. lKolbage BRANCH OFFICE 3117 OVERSEAS IDGHWA Y MARAmON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS IDGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: March 7, 2001 TO: Timothy McGarry, Director Growth Management Division ATTN: Colleen Gardner, Executive Assistant Growth Management Division Pamela G. Hancork Deputy Clerk U FROM: At the February 22, 2001, Board of County Commissioner's Meeting the Board granted approval and authorized execution of the Florida Boating Improvement Program Grant Agreement No. 00139 between Monroe County and the Florida Fish and Wildlife Conservation Commission for funding the Boot Key Harbor Mooring Field Project. Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Clerk's Original" is returned to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finan~ File vi' MEMORANDUM Date: 3/27/01 To: Belle DeSantis, Deputy Clerk From: Colleen Gardner, Executive Assistant & RE: Florida Boating Improvement Program Grant Agreement Enclosed please find the "Clerk's Original" of the Grant Agreement which has been executed by the Florida Fish and Wildlife Conservation Commission for the funding of the Boot Key Harbor Mooring Field Project. This item was approved at the February 22, 2001 BOCC Meeting. If you have any questions, please contact me at extension 2517. /cg Enclosure cc: Timothy J. McGarry, AICP, Director of Growth Management (w/o encl.) George Garrett, Director of Marine Resources (w/o encl.) CLER~'SORlGJN'Al! 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 Hiehwav. 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 Kev Harbor Moorine 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 1.2001, inclusive. The GRANTEE agrees to complete the project on or before November 1.2001. 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 Employer Identification number. An oriKinal 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. \0 '-. 'J.,lNnOJ 301lN :J 'tif"}' 0 OI-J 3".'Vl-P f', '!_ >l7J /011 1.J rJq~.,O ! 'j"-l' 'I 00 "H/~ 8Z YVH 10 a~003~ ~O:l 031/j FWCC 00139 FBIP 00-09 Page lof7 6. FEDERAL/FLORIDA 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-B3. 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. APPROVAL: 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 REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at: P.R.I.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 of 36 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 LA WS: 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 betwe~n 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 WIlNESS WHEREOF, the parties have caused this Agreement to be duly executed, and shall become effective on the last date signed below. ~UNTY If! FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION V1 r-l - I-.~\...-?-....\J ?~ ~A)I";~ ~llslo' date ~?-2-c I Director, Division of Law Enforcement date Chainnan or deSignee. o tpJ2&-, t-- N~()~fN/ Name (Print) MA-~b~ //#~ FWCC Program Grants Manager Title /t1fH?Y'"O e Co,",,,, +1 County Name S"loo Colle.jG ~4.J Approved as to form and legality: KC\ lI\Je.s f F L.. City, State and Zip Code 33"'10 Address Federal Employment Identification Number 59-6000-749 (Monroe) Remittance Address: S 4w-a.e.. a.S 4. 'o&/~ Address B ZA~AhU'l'TON ". !: , '7( 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 ~ Letter/ Number Description (include number of palZes) Attachment Attachment A B Scope of Work (2 Pages) StateIFederal Single Audit Acts Requirements FWCC 00139 FBIP 00-09 Page 70f7 ATTACHMENT A SCOPE OF WORK 1. The GRANTEE agrees to perform the Boot Key Harbor Moorine 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 ofa 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 of OMB 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 (Le., 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 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, 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 Commission at each of the following addresses: The Commission's projecUContract 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 ofthis 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 STA TE 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