Revised 04/1/11

i

EERRIIEE AACCCCEESSSS IIMMPPRROOVVEEMMEENNTT PPRROOGGRRAAMM

PROCEDURE GUIDE

2010

Pennsylvania Fish and Boat Commission P.O. Box 67000

Harrisburg, PA 17106-7000

E-Mail: scbollinge@state.pa.us Internet: www.fish.state.pa.us

Note: Permission is granted for duplication, copy, use and reuse of any and all information contained in this

document. The Commission does not consider nor warrant in any manner that the information presented in the Procedure Guide herein as all-inclusive and absolute. Please contact the Commission to request a copy of current program rules and latest program requirements.

1

Table of Contents

SECTION 1 Introduction ................................................................................................................... 2 1.1 Program Summary .......................................................................................................... 2 1.2 Grant Participants and Project Activities ........................................................................ 2 1.3 Grant Funds and Application Periods ............................................................................. 3 1.4 Matching Funds, Operation and Fee Policy ................................................................... 4 1.5 Project Engineering and Inspection ................................................................................ 4 1.6 Selection Criteria ............................................................................................................. 6 1.7 Contacts .......................................................................................................................... 7 SECTION II Application Submission Requirements ..................................................................... 8 2.1 Application Materials ....................................................................................................... 8 2.2 Pre-Application Meeting .................................................................................................. 8 2.3 Application Preparation – General .................................................................................. 8 2.4 Application Preparation – Detail ..................................................................................... 9 SECTION III Project Consideration and Approval ....................................................................... 10 3.1 Commission Staff Evaluation ........................................................................................ 10 3.2 Agency Coordination and Public Comment .................................................................. 10 3.3 Consideration by the Commission – Grant Requests Greater than $100,000 and All

Projects Involving Acquisition of Property Rights ......................................................... 10 3.4 Consideration by the Executive Director – Grant Requests 100,000 or less ............... 10 SECTION IV Project Construction and Closeout ......................................................................... 11 4.1 Engineering Review and Approval ................................................................................ 11 4.2 Project Bidding and Contracting Requirements ........................................................... 11 4.3 Contract Closeout ......................................................................................................... 11 4.4 Billing ............................................................................................................................ 11 4.5 Cost Overruns ............................................................................................................... 11 4.6 Uniform Access and Credit Signs ................................................................................. 11 4.7 Reports and Maintenance ............................................................................................. 12 4.8 Public Access ................................................................................................................ 12 4.9 Financial and Accounting Requirements ...................................................................... 12 4.10 Acquisitions ................................................................................................................... 12 APPENDIX A: Development Agreement ....................................................................................... 14 APPENDIX B: Acquisition Agreement .......................................................................................... 38 APPENDIX C: Fishing Access and Conservation Agreement (easement) ............................... 59 APPENDIX D: Blank Application Form ......................................................................................... 65 APPENDIX E: Billing Form ............................................................................................................. 79

2

SECTION I INTRODUCTION

1.1 Program Summary

A. The purpose of the Pennsylvania Fish and Boat Commission’s Erie Access Improvement Program is to provide grants to county and municipal governments and qualifying organizations (501(c)(3) organizations) for acquisition of lands, easements and/or other property rights, and the development, improvement, or rehabilitation of public access sites located on the waters of the Commonwealth in the Lake Erie Watershed.

B. The goal of the Erie Access Improvement Program is to ensure quality public fishing access in the Lake Erie Watershed.

C. The Erie Access Improvement Program funds are derived primarily from the fees collected from Lake Erie Permits and Lake Erie/Trout/Salmon Combo permits.

D. The Erie Access Improvement Program provides opportunities to fund a variety of access and development projects and requests for technical assistance from the Commission to assist in the development of improved angling access.

E. Access Improvement Grants will normally require at least a 50% applicant match, comprised of hard (cash) and soft (in-kind) funds.

1.2 Grant Participants and Project Activities A.

1. Public entities, including municipal and county governments, and non-profit groups as defined and recognized by the Internal Revenue Service of the United States of America.

Eligible Grant Participants:

B.

1. Grant funds may be used for site acquisition (fee simple, easement, or other property rights), project design and engineering, access development, expansion and major rehabilitation. Grant funds are not to be used for any routine maintenance or operation activities. The Commission will require an easement or deed restriction on the subject property in the event the project consists of the acquisition of permanent property rights.

Eligible Project Activities:

2. Eligible development/construction activities include development of new, expansion of existing, or rehabilitation of existing access sites including but not limited to access roads, parking areas, ADA facilities, etc. Activities must benefit and directly support recreational angler access and fishing.

3. Eligible development projects must occur on lands open to the public and those owned in “fee simple” by the project sponsor or where ownership is less than fee simple interest, ownership rights must provide for permanent control of the property over the expected lifetime of the proposed development. The project sponsor must have title or adequate control and tenure of the project area in order to provide reasonable assurance that a conversion of use will not occur without Commission approval. All capital improvements made on land leased to public agencies or qualifying organizations must have lease terms at least 25 years in length to ensure a conversion to any other use in that period will not occur. The Commission will require proof of ownership that may include Certificate of Title and/or copies of the lease at the time of application.

4. Eligible property acquisition costs include: purchase price for fee simple purchase; associated legal, recording, and settlement costs; title search and title insurance;

3

environmental assessments; appraisals; GIS mapping and surveying; and signage. Appraisals must be conducted by a state certified general real estate appraiser. Costs incurred by the applicant prior to approval and necessary for meeting application requirements for appraisals, surveys, title search, and environmental assessments may be included in the total project cost. These costs will only be reimbursed if a grant is awarded to the applicant.

5. All property acquired by applicants with Commission assistance must be dedicated for public use by recreational anglers and boaters and maintained by the recipient. As a condition of funding, a perpetual public fishing and boating access conservation easement will be required by the Commission on properties acquired with Erie Access Improvement Program funds. The easement ma be held by the Commission of an entity deemed qualified by the Commission.

C.

1. Application preparation fees and other indirect project costs such as grant administration, project management, and contract management. This includes, but is not limited to, overhead, payroll, salaries and accounting costs.

Ineligible Costs and Activities:

2. Legal fees related to construction projects. This includes anything related to or involving the property ownership, lease agreements, grant agreements, or project contracting.

3. Legal fees related to acquisition projects. This includes anything related to grant agreements, project contracting, subdivision fees, or lease agreements.

4. Ordinary operations, maintenance or routine repair costs. This includes, but is not limited to, costs to provide power, water or sewer or any other utilities or services to the facility for the stipulated length of the Agreement.

5. Costs related to any type of land use, zoning or system development fees related to this project.

6. Enforcement activities, watchman salaries, fee collection, maintenance or other personnel costs.

7. Equipment, vehicles, boats, or other capital equipment.

8. Items or costs not included in an approved budget or not approved by the Commission to complete the project.

9. General business, marketing, lobbying or promotional plan expenses.

10. Generally, the Commission will not pay for asphalt paving of access roads or parking areas as part of the Erie Access Improvement Program funding. The Commission may consider providing funds for asphalt paving if an existing facility is deteriorated and in need of repair or if the facility provides parking for more than 25 vehicles.

11. The Commission will not fund or authorize payment of defective work.

1.3 Grant Funds and Application Periods A.

1. Program grant funds are available as authorized and allocated by the Commission for this purpose. All work should be completed and final payment made within a two-year period.

Grant Fund Availability and Notice:

2. The Commission encourages prospective co-operators to submit applications anytime. Notice of award will be made within four months of receiving the grant application.

4

3. The Commission may adjust the amount of funds available, application, and consideration dates to meet existing needs or opportunities that may occur. Large projects may be phased in over several fiscal years to maximize leverage, distribution, and availability of funds.

4. If a project is not authorized, the applicant must submit a new grant application (and revised costs) for future consideration. There are no carry forward provisions for application submissions.

B.

1. This is a reimbursable grant program. Grant funds will be disbursed to the applicant/ recipient only after completion of the acquisition/development project occurs and agency staff has verified that the acquisition and/or work have been completed. Payment will only be made for documented and verified eligible costs. The Commission will in no case pre-approve or disburse in advance any grant funds.

Reimbursement of Project Expenses:

2. The applicant/recipient must have the financial capability to make timely payments to the contractor or others (upon billing/invoice) pending receipt of reimbursement from the Commission.

3. Failure to complete the project and make final payment request to the Commission within the stipulated period (usually the end of two years) may result in grant termination.

1.4 Matching Funds, Operation and Fee Policy

A. Matching Funds Policy:

1. In addition to priority needs consideration, the Commission will give priority-funding consideration to applicants that provide more than the required 50% match, thereby reducing the total amount of PFBC grant funds required to complete the project.

2. Applicants are encouraged to seek other sources of matching funds to help leverage the maximum amount of grant funds available. Other federal, state and local funding sources are available and appropriate.

3. In addition to the cash match, the applicant may identify and agree to furnish the in-kind match to the project. This includes the cost of administration, negotiation of a fee simple acquisition, contract management, and inspection of the project. Administrative costs are capped at 5% of overall project costs. Time and activity accounting records will be required.

B. Operation and Maintenance Participation and Fee Policy:

1. In addition to the match requirements, the applicant must agree to provide, for the term of Agreement, all costs for ordinary and routine operations and maintenance of the site/facility. This includes all personnel, equipment or service and supply costs.

2. Applicants are encouraged to provide free public access to the state’s waterways.

1.5 Project Engineering and Inspection A. Engineering Required for all Capital Construction Projects:

5

1. It is the policy of the Commission to have all capital construction/public works projects designed and engineered in accordance with applicable law. All engineering must be completed by a professional engineer or architect registered in the Commonwealth of Pennsylvania. Professional engineering will assure the applicant and the Commission that proper and necessary provisions are being met with respect to public safety, codes, and standards.

2. Due to the short period in which grant funds must be used (two years or less), the Commission requires that some preliminary project engineering and a preliminary cost be established prior to submitting an application for development/construction grant funds. Note: Preliminary engineering is more specific than general master plans or conceptual engineering work.

3. The Commission, within staffing limits and other project priorities, may be able to provide (at no direct cost to the applicant) a limited amount of professional engineering services to complete required project engineering. Commission furnished engineering will be targeted to small local government entities that generally have small projects, limited resources, and limited expertise/capability in managing outside consultant engineering services. Engineering services are not guaranteed and will be prioritized based upon the Commission’s prior commitments and staff availability. The applicant should be aware that Commission projects take precedence and that design and permitting delays are possible. The applicant should also be aware that if engineering services are provided by the Commission, no assurance is made that Erie Access Improvement Grant funds will be approved.

4. Applicants may provide at their cost their own staff to engineer, survey, design and inspect a project. All work must follow and use minimum design standards and guidelines established by the Commission. Commission staff will review and approve all outside engineering work completed.

B.

1. The applicant/recipient is responsible to contract, manage and inspect all grant projects including: the construction contract, materials purchasing, engineering, and labor performed at any project site.

Project Management and Inspection:

2. Commission staff will inspect all grant project sites upon completion to assure compliance with the Agreement between the Commission and grantee.

3. The applicant and/or contractor, before final project acceptance and payment by the Commission, shall correct project deficiencies. The applicant/recipient shall inform staff of any changes or time delays incurred with the project. The Commission may restrict any or all payment of grant funds pending deficiency corrections being completed. If the work is deemed to be deficient or defective, the Commission reserves the right to demand the applicant correct the defective work in order to achieve an acceptable project, with no cost to the Commission, and as deemed necessary by the Commission’s engineering staff. The word defective refers to work that is unsatisfactory, faulty, or deficient in that it does not conform to the contract documents, does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the contract documents, has been damaged prior to the engineers recommendation of final payment or has evidence or accelerated deterioration or wear and tear.

6

1.6 Selection Criteria: A.

1. Since funding for the grant program is derived principally from the legislatively created Lake Erie and Combination permits sold to anglers, direct project benefits must be evident to this user group.

Needs and Benefits Assessment:

2. The Commission recognizes that many access sites are multiple-use. In general, the Commission will give priority consideration to projects that have 70% or more of the anticipated site use from anglers and those projects that secure or enhance access to prime fishing sites/fish habitat. Those projects that provide the most benefit to anglers will be given higher priority.

B.

1. The Commission will give higher consideration to projects that demonstrate cooperation and partnerships. Projects that leverage the most matching funds will generally be afforded the higher priority.

Partnerships/Cooperation:

2. The Commission will grant priority consideration to those facilities open and available free or for a nominal fee to the public, as well as to those projects that provide significant matching funds.

C.

1. The Commission will also give priority consideration to sites that provide or enhance fishing access in priority areas identified by the Commission.

Erie Access Improvement Priorities:

2. For construction/development projects the Commission will give higher priority to the rehabilitation of existing facilities, followed by expansion of existing facilities, then acquisition and development of new access facilities. The Commission may also establish other strategic needs and determine specific categories and types of priority projects.

3. Priority consideration will be provided to those acquisitions that make the most water available for fishing access. (e.g.: Those acquisitions that open up the most stream miles.)

D.

1. The Commission will grant priority consideration to projects based on consistency, conformance or their application of recommended actions in state, regional or local plans. The relationship to adjacent or nearby public access sites and planned enhancement to area sites will be used in part to judge project consistency and assign priority. Proposed projects are expected to be largely consistent with strategic statewide, regional and local plans.

Planning:

1.7 Contacts

Erie Access Improvement Program Coordinator Pennsylvania Fish and Boat Commission PO Box 67000 Harrisburg, PA 17106-7000 Phone: 717-346-8196 FAX: 717-705-7901 E-mail: RA-ErieAccess@state.pa.us

7

SECTION II HOW TO APPLY -- APPLICATION REQUIREMENTS

2.1 Application Materials. For all projects, the applicant must submit all required application forms

and attachments. You may attach additional pages as needed; however, applicants are encouraged to be brief and to the point.

A. All grant applications must be submitted on or before established deadlines using the application form found in Appendix D. The Commission will not consider incomplete applications. Incomplete applications will be returned to the applicant.

B. Staff may contact applicants who submit incomplete applications. If the application can be completed in a reasonable amount of time and before staff makes recommendations to the Commission regarding award of grants, the applicant will have an opportunity to resubmit.

C. In addition to the completed application, the applicant must demonstrate the following:

1. Authorization to submit a grant application.

2. Construction activities are on land owned solely by the applicant or the applicant has a long-term lease or agreement on the site.

3. A willingness to enter into a Cooperative Agreement with the Commission to execute the project.

4. Ability to provide resources to operate and maintain any facility for the period of the agreement.

5. Capability of completing this project within the two-year contract period or other stipulated completion period.

6. The ability to secure all necessary permits and local land use approvals necessary for the construction and operation of the proposed facility.

D. Requests for application forms, guidance, and assistance should be directed to: Pennsylvania Fish and Boat Commission Erie Access Improvement Grant Program PO Box 67000 Harrisburg, PA 17106-7000 Phone: 717-346-8196 Fax: 717-705-7901 Website: www.fish.state.pa.us

2.2 Pre-Application Meeting. It is helpful to make contact with the Fish and Boat Commission to discuss the nature of your application prior to submitting a request for consideration. When necessary and to the extent possible, the Commission may elect to participate in an on-site pre-application meeting to discuss the proposed project. This will provide the applicant with an opportunity to ask questions regarding the grant program, and will permit agency staff with an opportunity to provide input into the preparation of the application and proposed project.

2.3 Application Preparation - General

A. A grant application form is provided in Appendix D. Please submit three (3) copies of the completed grant application and required attachments (one unbound original plus one bound copy plus one electronic copy saved on a CD or DVD).

8

B. Completed applications should include a cover letter addressed to the Commission requesting consideration of the project and any other pertinent information.

C. The applicant must submit all required attachments with the initial grant application.

D. The applicant must obtain the approval of the local planning official for all construction projects.

E. An individual authorized by the applicant’s organization to act on its behalf is required to sign all applications. Include a resolution or other documentation indicating that this individual has authority to sign and submit the application.

2.4 Application Preparation - Detail A. Cover Letter. The applicant must demonstrate that the applicant has the authority to submit

a grant application for consideration by the Commission and has the capability to complete the project. The applicant must have the resources to operate and maintain the facility fro a period of at least 25 years.

B. Application Copies. The application will be considered incomplete if one unbound original, on bound copy and one electronic copy on CD or DVD are not included.

C. Photos. Include a minimum of two photos that depict the typical use of the facility and existing conditions.

D. Cost Estimates. For construction projects: an estimate of the construction costs, broken down into major components and quantities; and engineering fees. For acquisition projects: purchase price supported by an appraisal and all other costs broken down into major components.

E. Location/ Vicinity Map or Tax Assessor’s Map. An area map showing the location of the project within the city and county. The map must show the project in relation to highways, local roads/streets, landmarks, etc.

F. Design and Engineering Plans. For construction projects, conceptual or preliminary drawings should consist of the existing and proposed site plans that will provide sufficient detail to review what is being proposed. The drawings should be no larger than 11” X 17”.

G. Letters of Support. Obtain at least one letter of support for your project.

H. Title Reports and Appraisals. For construction projects, provide copies of title documents appropriate to the ownership/control of the project property. For acquisition projects, include an appraisal of the property performed no more than six months prior to the application.

I. Include copies of all applications made or received for funding from DCNR, DEP, DCED, or other funding sources related to the project.

J. Provide copies of any pertinent pages from local or regional plans or provide a web location to find the local or regional plans.

K. Provide a timeline for the project and identify important project milestones.

NOTE: Applications submitted without all of the required attachments will be considered incomplete and will be returned to the applicant.

9

SECTION III PROJECT CONSIDERATION AND APPROVAL

3.1 Commission Staff Evaluation

A. Upon receipt and initial review of the application for completeness, staff will assign a project tracking number and outline the review process in an acceptance letter back to each applicant. Please use this grant number assigned for all future correspondence regarding this application and/or project.

B. Staff will review and assign a score and rank to each application.

C. Upon completion of all application evaluations, staff will prepare a report summarizing the grant requests, scoring and evaluation, and funded projects.

3.2 Agency Coordination and Public Comment A. The Commission will reasonably assure that each project complies with all applicable state

and local comprehensive plans.

B. Applications submitted are public information and may be provided to entities interested in providing input to the Commission on project proposals.

C. The Commission may determine that the scope or impact of a project may have significant local impact in which case the applicant will be required to arrange for a public meeting.

3.3 Consideration by the Commission – Grant Requests Greater than $100,000 and All Projects Involving Acquisition of Property Rights A. Staff will develop appropriate background materials that include a summary of all grant

requests and ranking for presentation to the Commission.

B. At the Commission meeting, staff will make a presentation covering the proposed grant program package for the coming year.

C. The Commission will consider all information provided and make a determination on the applicant’s request.

D. All applicants will receive notification of the Commission’s decision in writing.

3.4 Consideration by the Executive Director – Grant Requests $100,000 or Less A. Staff will develop appropriate background materials that include a summary of all the grant

requests, scoring, and ranking for presentation to the Executive Director.

B. The Executive Director will consider all information provided and make a determination on the applicant’s request.

C. All applicants will receive notification of the Commission’s decision in writing.

10

SECTION IV CONSTRUCTION/DEVELOPMENT PROJECTS AND CLOSEOUT

4.1 Engineering Review and Approval

A. Recipient shall submit two copies of the final engineering drawings and specifications for review before soliciting for quotations or commencing any work at the project site. A minimum of thirty (30) days shall be allowed for the review of the project before initiating any work to ensure that minimum guidelines are being met and the project fits within the scope as approved by the Commission. Staff will notify recipient of engineering approval, at which time recipient may commence bid solicitation of the project.

4.2 Project Bidding and Contracting Requirements A. The recipient’s procurement transactions must comply with all applicable state and local

public works contracting requirements. Of particular interest are projects that may be subject to prevailing wage rate, solicitation, and competitive bidding.

4.3 Contract Closeout A. For construction projects: recipient is responsible and shall assure that facilities funded

through the Grant Program are satisfactorily completed according to the provisions of the Agreement, project plans and specifications, and applicable agency, federal, state, and local codes and regulations.

B. For acquisition projects: recipients is responsible and shall assure that the property has been properly acquired with good and marketable title and due diligence performed and the transaction has been recorded at the appropriate Recorder of Deeds office.

B. Recipient must complete the project within the contract period prescribed.

C. If the project is not significantly underway before the date set for completion, the Commission may upon written notice to the recipient, cancel all or part of the obligated funds.

4.4 Billing A. At project closeout, the recipient shall notify the Commission and arrange an on-site project

inspection. Upon approval and/or correction of any identified defects, the recipient may submit the final grant billing reimbursement request.

B. Applicants will submit a Grant Billing Form as prescribed by the Commission marked “final” upon completion of the project. Recipient shall provide a letter to the Commission certifying that the project is completed and operational with the final payment request.

C. Upon review of the final Grant Billing Form, acceptance of the project, and receipt of project closeout documents, the Commission will process the final payment.

4.5 Cost Overruns A. Cost overruns are the responsibility of the recipient.

4.6 Uniform Access and Credit Signs A. Lands acquired and facilities developed with assistance from the Commission must have a

uniform access sign as prescribed by the Commission posted at the entrance to the facility to let the public know this is a public access site.

11

B. The recipient must also post at or near the facility one credit sign identifying the Commission and the Erie Access Improvement Program involvement and other project partners. When federal funds are part of the approved grant, the project must include appropriate recognition of the Federal Program(s).

4.7 Reports and Maintenance A. It is the responsibility of the recipient to provide all ongoing maintenance and operation

activities necessary to protect, preserve and provide quality fishing facilities for the use and enjoyment of the public. Any significant events (vandalism, flood, fire, or closures) that require corrective actions must be promptly reported to the Commission.

4.8 Public Access A. All property developed with Commission assistance must be dedicated for public use by

recreational anglers and maintained by the recipient for a period not less than 25 years. The Commission will normally require an easement on all property acquired.

B. All property acquired by applicants with Commission assistance must be dedicated for public use by recreational anglers and boaters and maintained by the recipient for a period not less than 25 years and the applicant will be required to grant a perpetual public fishing and boating conservation easement as described in Section 1.2 B (5) Eligible Project Activities. Conversion from the approved use will require approval of the Commission and, if federal funds are used, the U.S. Fish and Wildlife Service.

C. In the event the recipient fails to maintain a facility or property for its intended purposes, or converts its use, the Commission may request reimbursement of funds invested, adjusted for inflation based on the Consumer Price Index.

D. The recipient shall agree to allow unencumbered access by the Commission, its employees, assigns and/or agents 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 recipient to validate condition of the facility.

E. The recipient shall assure that no person on the grounds of race, creed, color, national origin, age, sex, or disability, is excluded from participation in, denied the proceeds or benefits of, or be otherwise subjected to discrimination.

F. If property acquired with Commission assistance is sold by the applicant, the applicant will be required to grant a perpetual conservation easement on the remainder of the property prior to transfer naming the Commission or an entity deemed acceptable to the Commission as a co-holder or beneficiary of the easement or to payback all or a portion of the grant money, whichever is determined by the Commission to be in its best interests.

4.9 Financial and Accounting Requirements A. Recipients must retain all grant project accounting records, supporting documents and any

other documents for a period of up to four (4) years following project completion and acceptance by the Commission.

B. The Commission reserves the right to perform a fiscal audit of these records to assure compliance with all state and federal program rules.

4.10 Acquisitions A. In the cases of proposed acquisition of properties and/or property rights, the Commission will

require an appraisal by a licensed/certified appraiser to support acquisition costs and the Commission reserves the right to review and critique any subject appraisal. The

12

Commission prefers that an appraisal be completed and submitted as part of the application. The cost of these appraisals is an eligible reimbursable project cost. The Commission may, when warranted, obtain at its own expense its own appraisal.

B. Acceptable appraisals will have the value of any houses/structures on the land being acquired be carved out of the value of the subject property. The Commission will not grant monies for the acquisition of buildings/structures without its prior specific written approval.

13

Appendix A Development Agreement

14

COOPERATIVE AGREEMENT

BETWEEN THE

PENNSYLVANIA FISH AND BOAT COMMISSION

AND

[NAME OF GRANT RECIPIENT] This Agreement is made and entered into this ____ day of _____________, 20___, by and between the Commonwealth of Pennsylvania, Pennsylvania Fish and Boat Commission (“PFBC”), 1601 Elmerton Avenue, Harrisburg, Pennsylvania 17106 and [Name and Address of Grant Recipient] (“GRANTEE”) (collectively “PARTIES”).

WHEREAS, Act 79 of 1994 provided for a Lake Erie fishing permit and established a restricted account within the Fish Fund to pay recompense to former gill net commercial fishing licensees, and Act 101 of 2002 provided for the disposition of the funds remaining in that account for the purposes of acquiring property and providing public fishing access on or at Lake Erie, its tributaries and Presque Isle Bay; and

WHEREAS, Act 159 of 2004 provided for a new Lake Erie fishing permit and established a

new restricted account within the Fish Fund to be used to provide public fishing access on or at Lake Erie and the watersheds of Lake Erie; and

WHEREAS, on January 24, 2006, the PFBC authorized the Executive Director to approve individual grants of $100,000 or less using monies in the Lake Erie restricted accounts to implement public fishing access development projects that do not involve the acquisition of property rights in the Lake Erie watershed [OR on _____________, 20___, the PFBC approved this grant using monies in the Lake Erie restricted accounts to implement the public fishing access development project more fully described in this Agreement.], as reflected in the relevant portion of the minutes from that meeting, which are attached as Exhibit A.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises hereinafter set forth, the PARTIES hereto agree, with the intention of being legally bound, as follows: 1. TERM.

a. The term of this Agreement shall commence on the Effective Date (as defined below)

and shall end on the termination date set forth herein, subject to the other provisions of this Agreement.

b. The PFBC shall fix the Effective Date after the Agreement has been fully executed by

the GRANTEE and by the PFBC and all approvals required by Commonwealth contracting procedures have been obtained. The Agreement shall not be a legally binding Agreement until after the Effective Date is affixed and the fully executed Agreement has been sent to the GRANTEE.

c. The PFBC shall issue a written Notice to Proceed to the GRANTEE directing the

GRANTEE to start performance on a date, which is on or after the Effective Date. The GRANTEE shall not start the performance of the Project prior to the date set forth in the Notice to Proceed, and except as otherwise provided in the approved budget, the

15

PFBC shall not be liable to pay the GRANTEE for any activities performed or expenses incurred before the date set forth in the Notice to Proceed. No PFBC employee has the authority to verbally direct the commencement of any work under this Agreement.

2. GRANT AMOUNT; SCOPE OF WORK.

a. Subject to the availability of funds, the PFBC shall make available to the GRANTEE a grant in the amount of $__________________ for purposes of the Project as more fully described in the Project Scope and Budget, which is attached as Exhibit B. The GRANTEE shall use the grant money and the local match as specified in the Project Scope and Budget to carry out the Project.

b. The GRANTEE shall construct, develop and place the Project in accordance with

PFBC approved designs and shall perform all obligations relating to the design and construction of the Project no later than ______________, 20___.

3. PAYMENT TERMS.

a. The PFBC will reimburse the GRANTEE for the PFBC approved costs associated with

the Project up to a maximum total sum contained in Paragraph 2. The GRANTEE shall invoice the PFBC for the costs associated with the Project upon completion. The invoice shall be submitted to:

Pennsylvania Fish and Boat Commission

Bureau of Boating and Access Erie Access Improvement Grant Program P.O. Box 67000 Harrisburg, PA 17106-7000

b. Upon receipt of an invoice and upon inspection and approval of the Project by the

PFBC, the PFBC shall make payment to the GRANTEE in accordance with the terms of this Agreement. No payment shall be made by the PFBC to the GRANTEE for services rendered pursuant to this Agreement in excess of the amounts authorized herein. The PFBC expressly reserves the right to withhold payment to the GRANTEE pending resolution of any project deficiencies.

c. The GRANTEE understands and agrees that this is a reimbursement program and

that upon receiving a fully executed copy of this Agreement, the GRANTEE must pay Project costs as described in this Agreement. The PFBC shall only be obligated to reimburse GRANTEE for the project activities performed to the PFBC’s satisfaction. No reimbursement will be made for invoices that are not in the proper form and are not accompanied by suitable proofs of payment. The PFBC will not be liable for any expenditure by the GRANTEE that is not for project activities or that is for costs exceeding the amount stated in this Agreement.

4. RETURN OF FUNDS. If the GRANTEE fails to carry out the Project or keep it open to the

public as required under Paragraph 6, or if less than the full amount of the grant funds and local match are needed to carry out the Project, or if the GRANTEE uses any of the grant funds or local match for unauthorized activities, the GRANTEE shall, upon request of the

16

PFBC, (1) repay to the PFBC grant funds that, as determined by the PFBC, are unused, unnecessary, improperly used, or exceed the amount permitted by law to be granted in relation to the total cost of the project activities and (2) pay to the PFBC interest at a rate of ten per cent (10%) on the amount returned compounded four times annually.

5. COMPLIANCE WITH APPLICABLE REQUIREMENTS. The GRANTEE shall comply with all

applicable federal and state statutes and regulations and local ordinances; any correspondence and instructions that may be provided by the PFBC; all terms and conditions in this Agreement; and any future requirements determined necessary by the PFBC. The GRANTEE shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations in the performance of this Agreement.

6. FREE PUBLIC USE. The GRANTEE shall operate and maintain the Project in good working

order and shall keep it open to the public during the term of the Agreement. The GRANTEE shall not deny access to any person or persons on the basis of race, creed, color or national origin. The GRANTEE also shall obtain the prior written approval of the PFBC prior to imposing any user fees.

7. INDEPENDENT CONTRACTOR. The rights and duties granted to and assumed by the

GRANTEE under this Agreement are those of an independent contractor only. Nothing contained in this Agreement shall be construed to create an employment or agency relationship between the PFBC and the GRANTEE.

8. ENGINEERING DESIGNS. If any engineering designs are necessitated by the Project, all

engineering designs shall be completed by a professional engineer or architect registered in the Commonwealth of Pennsylvania. The PFBC shall have the right to review and approve all engineering designs prior to commencement of any work by the GRANTEE, its agents or assigns, to determine whether the designs meet the PFBC's objectives with regard to planning, acquisition, development, expansion and rehabilitation of public recreational areas and facilities for reasonable and convenient access to Lake Erie and waters in the Lake Erie watershed. These designs shall include engineering blueprints, drawings and technical specifications. The PFBC shall complete its review of the designs and shall notify the GRANTEE of any deficiencies within thirty (30) days of the PFBC’s receipt of the designs. The GRANTEE shall correct any deficiencies and resubmit the designs within thirty (30) days of the PFBC’s notice of said deficiencies. The GRANTEE shall advise the PFBC of scheduled activities and their implementation dates.

9. REPORTS. The GRANTEE shall submit quarterly progress reports to the PFBC beginning the

first full quarter after the effective date of this Agreement. These quarterly reports shall outline significant activities accomplished by the GRANTEE, significant activities scheduled for the following quarter and anticipated delays, setbacks and actions to resolve any problems. The GRANTEE shall submit a final report to the PFBC no later than sixty (60) days after completion of the GRANTEE’s construction obligations under this Agreement. The final report shall summarize the project and outline significant activities that the GRANTEE completed. The quarterly and final reports shall include photographic documentation. All reports required under this paragraph shall be submitted to the PFBC at the notice addresses set forth below.

17

10. RECORDS AND AUDITS.

a. The GRANTEE, at its principal office or place of business, shall maintain, using accepted procedures, complete and accurate records of costs, expenses and activities under this Agreement.

b. The PFBC and the Commonwealth may, at reasonable times, inspect, examine, copy

and audit such records. The records shall be maintained for four years from the date of final payment or, if an audit is subsequently performed, four years from the date of that audit. However, if such audit results in findings, the GRANTEE shall maintain all required records until the findings are resolved. The GRANTEE shall give full and free access to all such records to the PFBC and the Commonwealth.

c. The Commonwealth or the PFBC may perform, or require the GRANTEE to perform,

a financial and/or performance audit. Any audit that the GRANTEE is required to perform shall be performed by a certified public accountant in accordance with procedures and standards specified by the PFBC.

11. INSPECTION. The GRANTEE’s performance of its obligations under this Agreement shall be

subject to inspection by the PFBC to ensure compliance with the terms and conditions of the Project Scope and Budget and compliance of materials, products and workmanship with any approved plans and specifications. The PFBC may make periodic inspections and a final inspection to ensure, among other things, that funds are properly spent. The GRANTEE shall not impede or hamper the PFBC’s access for inspections in any way and shall provide records and other information relating to the Project to the PFBC upon request. In the event an inspection by the PFBC identifies a deficiency, the GRANTEE will take the necessary steps to resolve the deficiency to the PFBC’s satisfaction within a reasonable time period prescribed by the PFBC.

12. FAILURE TO OPERATE AND MAINTAIN. The GRANTEE shall be responsible for providing

ongoing maintenance and operation of all activities that are necessary to protect and preserve the Project for the use and enjoyment of the public. The GRANTEE shall promptly notify the PFBC of any events, including but not limited to vandalism, flood or fire, that cause the GRANTEE to close the Project to the public on a short term basis. If GRANTEE ceases to operate and maintain the Project and keep it open to the public in accordance with the terms of this Agreement, the GRANTEE shall return all monies paid by the PFBC in accordance with the terms of Paragraph 4.

13. OFFICIALS NOT TO BENEFIT. The GRANTEE will establish safeguards to prohibit elected

officials or employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflicts of interest, or personal gain. No member of the General Assembly of the Commonwealth of Pennsylvania or any individual employed by the Commonwealth on a full-time basis shall be admitted to any share or part of this Agreement, or to any benefit that may arise there from.

18

14. COMMONWEALTH HELD HARMLESS.

a. The GRANTEE agrees to indemnify, defend and save harmless the Commonwealth, its officers, agents and employees from:

i. any and all claims for payment, damages, costs or expenses demanded by any

and all contractors, subcontractors, material men, laborers and other persons, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement; and

ii. any damages to property or injuries (including death) to any person(s) and any

other losses, damages, expenses, claims, demands, suits, and actions by any party against the Commonwealth arising out of the willful or negligent acts or omissions of the GRANTEE, its agents, subcontractors and employees in the performance of this Agreement; and

iii. any liability, including without limitations, costs and expenses for violation of

proprietary rights, or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this Agreement or based on any libelous or other unlawful matter contained in such data.

b. The PFBC agrees to notify the GRANTEE within a reasonable time of any written

claims or demands against the PFBC for which the GRANTEE is responsible under this paragraph.

15. ASSIGNABILITY AND SUBCONTRACTING.

a. Subject to the terms and conditions of this paragraph, this Agreement shall be binding upon the parties and their respective successors and assigns.

b. Subject to PFBC approval, the GRANTEE may subcontract with any person or entity

to perform all or any part of the work to be performed under this Agreement so long as the GRANTEE retains ultimate control and responsibility for the work and all subcontractors shall be bound by the terms and conditions of this Agreement and any other requirements applicable to the GRANTEE in the conduct of the work.

c. The GRANTEE may not assign, in whole or in part, this Agreement or its rights,

duties, obligations and responsibilities hereunder without the prior written consent of the PFBC, which consent may be withheld at the sole and absolute discretion of the PFBC.

d. Any assignment consented to by the PFBC shall be evidenced by a written

assignment agreement executed by the GRANTEE and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Agreement and to assume the duties, obligations, and responsibilities being assigned.

19

e. A change of name by the GRANTEE, following, which the GRANTEE’s federal identification number remains unchanged, shall not be considered to be an assignment hereunder. The GRANTEE shall give the PFBC written notice of any such change of name.

16. DEFAULT.

a. The PFBC may, subject to the provisions of the “Force Majeure” paragraph, and in addition to its other rights under the Agreement, declare the GRANTEE in default by written notice thereof to the GRANTEE, and terminate (as provided herein) the whole or any part of this Agreement for any of the following reasons.

i. Failure to begin the project within the time specified in the Agreement or as

otherwise specified; ii. Failure to perform the project with sufficient labor, equipment, or material to

ensure the completion of the specified project activities in accordance with the Agreement terms;

iii. Unsatisfactory performance of the project; iv. Failure or refusal to remove material, or remove and replace any work

rejected as defective or unsatisfactory; v. Discontinuance of project activities without approval; vi. Failure to resume project activities, which has been discontinued, within a

reasonable time after notice to do so; vii. Insolvency or bankruptcy; viii. Assignment made for the benefit of creditors; ix. Failure or refusal, within 10 days after written notice by the PFBC, to make

payment or show cause why payment should not be made, of any amounts due for materials furnished, labor supplied or performed, for equipment rentals, or for utility services rendered;

x. Failure to protect, to repair, or to make good any damage or injury to

property; or xi. Breach of any provision of this Agreement.

b. The rights and remedies of the PFBC provided in this paragraph shall not be exclusive

and are in addition to any other rights and remedies provided by law or under this Agreement.

c. The PFBC’s failure to exercise any rights or remedies provided in this paragraph shall

not be construed to be a waiver by the PFBC of its rights and remedies in regard to the event of default or any succeeding event of default.

20

17. FORCE MAJEURE. Neither party will incur any liability to the other if its performance of any

obligation under this Agreement is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. The GRANTEE shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days of the date on which the GRANTEE becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall: (i) describe fully such cause(s) and its effect on performance; (ii) state whether performance under the Agreement is prevented or delayed; and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay. The GRANTEE shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent effort to perform and shall produce such supporting documentation as the PFBC may reasonably request. After receipt of such notification, the PFBC may elect either to cancel the Agreement or to extend the time for performance as reasonably necessary to compensate for the GRANTEE’s delay. In the event of a declared emergency by competent governmental authorities, the PFBC by notice to the GRANTEE, may suspend all or a portion of the Agreement.

18. TERMINATION PROVISIONS. The PFBC has the right to terminate this Agreement for any

of the following reasons. Termination shall be effective upon written notice to the GRANTEE.

a. Termination for Convenience.

The PFBC shall have the right to terminate the Agreement for its convenience if the PFBC determines termination to be in its best interest. The GRANTEE shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the GRANTEE be entitled to recover loss of profits or incidental or consequential damages.

b. Non-Appropriation.

The PFBC’s obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the PFBC shall have the right to terminate the Agreement. The GRANTEE shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under this Agreement. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from any appropriations available for that purpose.

c. Termination for Cause.

The PFBC shall have the right to terminate the Agreement for GRANTEE default as provided herein, upon written notice to the GRANTEE. The PFBC shall also have the right, upon written notice to the GRANTEE, to terminate the Agreement for other cause as specified in this Agreement or by law. If it is later determined that the PFBC erred in terminating the Agreement for cause, then, at the PFBC’s discretion, the Agreement shall be deemed to have been terminated for convenience under subparagraph (a).

21

19. AGREEMENT CONTROVERSIES. In the event of a controversy or claim arising from the Agreement, the GRANTEE must, within six months after the cause of action accrues, file written notice of controversy of claim with the PFBC’s Executive Director for a determination. The Executive Director shall send a written determination to the GRANTEE. The decision of the Executive Director shall be final and conclusive unless, within thirty (30) days after receipt of such written determination, the GRANTEE seeks such review as authorized by law. Pending a final judicial resolution of a controversy or claim, the GRANTEE shall proceed diligently with the performance of the Agreement in a manner consistent with the interpretation of the PFBC’s Executive Director and the PFBC shall compensate the GRANTEE pursuant to the terms of the Agreement.

20. APPLICABLE LAW. This Agreement shall be governed by and interpreted and enforced in

accordance with the laws of the Commonwealth of Pennsylvania without regard to any conflict of laws provisions. The GRANTEE consents to the jurisdiction of any court of the Commonwealth and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. The GRANTEE agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.

21. SEVERABILITY. In the event that any one or more of the provisions herein contained shall

be held to be in violation of or not enforceable because of any law, it is understood that said provisions shall be deemed modified to the extent necessary to comply with said law, or if such modification would be impracticable, shall be deemed deleted and none of the other rights or obligations herein shall be prejudiced or rendered unenforceable by reason thereof.

22. AGREEMENT CHANGES. Changes to this Agreement may be made at the request of either

party, with the concurrence of the other. Changes shall require a formally executed amendment with the exceptions listed below. The PFBC must receive all requests for formal amendments no later than ninety (90) days before the termination date set forth in this Agreement. The following types of changes may be made by a letter of mutual consent between the PFBC and the GRANTEE:

a. Changes to the task descriptions contained within the scope of work to be performed

(including changes in equipment, design, operation or location of the Project), provided such changes do not add new tasks.

b. Adjustments of ten percent (10%) or more per budget category or the

inclusion of a new category for which GRANTEE did not previously budget, provided that such adjustment or new category does not increase the maximum reimbursement dollar amount set forth in this Agreement. Adjustments that are less than ten percent (10%) per budget category may be accomplished without a letter of mutual consent or a formal amendment, provided that such adjustments do not increase the maximum reimbursement dollar amount set forth in this Agreement.

c. Changes to the task completion dates.

23. NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE. During the term of the

Agreement, GRANTEE agrees as follows:

22

a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under the Agreement or any subcontract, the GRANTEE, subcontractor or any person acting on behalf of the GRANTEE or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

b. Neither the GRANTEE nor any subcontractor nor any person on their behalf shall in

any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Agreement on account of gender, race, creed, or color.

c. The GRANTEE and subcontractors shall establish and maintain a written sexual

harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

d. The GRANTEE shall not discriminate by reasons of gender, race, creed or color

against any subcontractor or supplier who is qualified to perform the work to which the Agreement relates.

e. The GRANTEE and each subcontractor shall furnish all necessary employment

documents and records to and permit access to its books, records, and accounts by the PFBC and the Department of General Services’ Bureau of Agreement Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the GRANTEE or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the PFBC or the Bureau of Contract Administration and Business Development.

f. The GRANTEE shall include the provisions of this Nondiscrimination/Sexual

Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor.

g. The PFBC may cancel or terminate the Agreement and all money due or to become

due under the Agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause.

24. CONTRACTOR INTEGRITY PROVISIONS.

a. For purposes of this clause only, the words “Confidential information,” “consent,” “contractor,” “financial interest,” and “gratuity” shall have the following definitions:

i. Confidential information means information that is not public knowledge or

available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.

23

ii. Consent means written permission signed by a duly authorized officer or employee of the PFBC, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the PFBC shall be deemed to have consented by virtue of execution of this Agreement.

iii. Contractor means the individual or entity that has entered into this

Agreement with the PFBC, including directors, officers, partners, managers, key employees, and owners of more than a 5% interest.

iv. Financial Interest means:

(1) ownership of more than a 5% interest in any business; or (2) holding a position as an officer, director, trustee, GRANTEE, employee, or

the like, or holding any position of management.

v. Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or agreements of any kind.

b. The contractor shall maintain the highest standards of integrity in the performance

of this Agreement and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth.

c. The contractor shall not disclose to others any confidential information

gained by virtue of this Agreement. d. The contractor shall not, in connection with this or any other agreement with

the PFBC, directly or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth.

e. The contractor shall not, in connection with this or any other agreement with

the PFBC, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the PFBC.

f. Except with the consent of the PFBC, neither the contractor nor anyone in

privity with him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under this Agreement except as provided therein.

g, Except with the consent of the PFBC, the contractor shall not have a financial

interest in any other contract, subcontractor, or supplier providing services, labor, or material on this project.

h. The contractor, upon being informed that any violation of these provisions

has occurred or may occur, shall immediately notify the PFBC in writing.

24

i. The contractor, by execution of this Agreement and by the submission of any

bills or invoices for payment pursuant thereto, certifies and represents that he or she has not violated any of these provisions.

j. The contractor, upon the inquiry or request of the Inspector General of the

Commonwealth or any of that official’s, agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form, which refer to or concern this Agreement. The contractor shall retain such information for a period of three years beyond the termination of the Agreement unless otherwise provided by law.

k. For violation of any of the above provisions, the PFBC may terminate this and

any other agreement with the contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another contractor to complete performance hereunder, and debar and suspend the contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

25. CONTRACTOR OFFSET PROVISION. The GRANTEE agrees that the Commonwealth may

offset the amount of any state tax liability or other debt of the GRANTEE that is owed to the Commonwealth and not being contested on appeal against payments due the GRANTEE under this or any other contract with the Commonwealth.

26. CONTRACTOR RESPONSIBILITY PROVISIONS.

a. GRANTEE certifies, for itself and all its subcontractors, that as of the date of its execution of this Agreement, that neither the GRANTEE, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the GRANTEE cannot so certify, then it agrees to submit, a written explanation of why such certification cannot be made.

b. GRANTEE also certifies that as of the date of its execution of this Agreement, it has

no tax liabilities or other Commonwealth obligations. c. GRANTEE’s obligations pursuant to these provisions are ongoing from and after the

effective date of the Agreement through the termination date thereof. Accordingly, the GRANTEE shall have an obligation to inform the PFBC if, at any time during the term of the Agreement, it becomes delinquent in the payment of taxes, or other PFBC obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity.

25

Such notification shall be made within 15 days of the date of suspension or debarment.

d. Failure of the GRANTEE to notify the PFBC of its suspension or debarment by the

Commonwealth, any other state, or the federal government shall constitute an event of default of the Agreement with the PFBC.

e. GRANTEE agrees to reimburse the PFBC for the reasonable costs of investigation

incurred by the Office of State Inspector General for investigations of the GRANTEE’s compliance with the terms of this or any other agreement between the GRANTEE and the PFBC, which results in the suspension or debarment of the GRANTEE. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The GRANTEE shall not be responsible for investigative costs for investigations that do not result in the GRANTEE’s suspension or debarment.

f. GRANTEE may obtain a current list of suspended and debarred Commonwealth

contractors by either searching the Internet at http://www.dgs.state.pa.us

or contacting the:

Department of General Services Office of Chief Counsel 603 North Office Building Harrisburg, PA 17125 Telephone No: (717) 783-6472 FAX No. (717) 787-9138

27. AMERICANS WITH DISABILITIES ACT. During the term of this Agreement, the GRANTEE

agrees as follows:

a. Pursuant to federal regulations promulgated under the authority of The Americans with Disabilities Act, 28 C.F.R. §35.101 et seq., the GRANTEE understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Agreement or from activities provided for under this Agreement. As a condition of accepting and executing this Agreement, the GRANTEE agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through agreements with outside contractors.

b. The GRANTEE shall be responsible for and agrees to indemnify and hold

harmless the Commonwealth of Pennsylvania from losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the GRANTEE's failure to comply with the provisions of subparagraph (a) above.

28. INCLUSION OF APPLICATION DOCUMENTS. GRANTEE hereby agrees that the Erie Access

Improvement Grant Program Procedure Guide and GRANTEE’s application, together with any attachments thereto, are by reference made a part of this Agreement as if they were fully

26

set forth herein. If there are inconsistencies between these documents and this Agreement, the contract documents shall be construed in the following order of precedence: this Agreement, the Procedure Guide and GRANTEE’s application.

29. INTEGRATION. The Agreement, including all documents incorporated by reference,

constitutes the entire Agreement between the parties. No agent, representative, employee or officer of either the PFBC or the GRANTEE has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Agreement, which is any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Agreement. No modifications, alternations, changes, or waiver to the Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties, except as provided herein. All such amendments will be made using the appropriate Commonwealth form.

30. NOTICES. All notices shall be in writing and shall be deemed to have been properly given if

personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by private overnight express carrier, such as Federal Express, next business day delivery, charges prepaid, addressed as follows:

TO PFBC: Pennsylvania Fish and Boat Commission Coordinator Erie Access Improvement Grant Program P.O. Box 67000 Harrisburg, PA 17106-7000 WITH A COPY TO: Chief Counsel Pennsylvania Fish and Boat Commission P.O. Box 67000 Harrisburg, PA 17106-7000 TO GRANTEE:

31. TERMINATION. This Agreement shall terminate on _________________, 20___. 32. BONDING REQUIREMENTS.

a. For construction contracts between $25,000 and $100,000, the PARTNER shall

require contract performance security in an amount equal to at least 50% of the contract price.

b. When the PARTNER awards a construction contract in excess of $100,000, the

PARTNER shall require the contractor to secure and deliver to the PARTNER the following bonds on forms satisfactory to the COMMISSION:

27

i. a performance bond, executed by a surety company authorized to do business in the Commonwealth of Pennsylvania and made payable to the PARTNER, in an amount equal to 100% of the contract price and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract; and

ii. a payment bond, executed by a surety company authorized to do business in

the Commonwealth of Pennsylvania and made payable to the PARTNER, in an amount equal to 100% of the contract price and conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the performance of the contract. Labor or materials include public utility services and reasonable rentals of equipment for periods when the equipment is actually used at the Project site.

c. The Bond shall list the COMMISSION as a direct beneficiary.

33. NONWAIVER OF REMEDIES. No provision of this Agreement may be construed to create

rights in third parties that are not a party to this Agreement. This Agreement defines specific duties and responsibilities between the PFBC and the GRANTEE and will not provide any basis for claims of any other individual or entity.

34. AUTHORIZATION. The persons signing this Agreement on behalf of the GRANTEE warrant

and affirm that they have the legal authority to do so. 35. PREVAILING WAGE ACT. This Agreement is subject to the provisions, duties, obligations,

remedies and penalties of the Act of August 15, 1961, P.L. 987, as amended, known as the Pennsylvania Prevailing Wage Act, 43 P.S. §165-1 et seq. The general prevailing minimum wage rates as determined by the Secretary of Labor and Industry shall be paid for each craft or classification of all workmen needed to perform the obligations of this Agreement during the term hereof for the locality in which the work is to be performed.

36. TRADE PRACTICES ACT. In accordance with the Act of July 23, 1968, P.L. 686, No. 226, as

amended, known as the Trade Practices Act, 71 P.S. §773.101 et seq., PARTNER shall not use, or permit to be used, in the work any aluminum or steel products made in a foreign country that discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Brazil, South Korea, Spain, Mexico and Argentina have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries’ products, as listed below, is not permitted for a project.

a. Brazil: welded carbon steel pipes and tubes; carbon steel wire rod; tool steel; certain

stainless steel products, including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; prestressed concrete steel wire strand; hot-rolled carbon steel plate in coil; hot-rolled carbon steel sheet and cold-rolled carbon steel sheet.

b. Spain: certain stainless steel products, including stainless steel wire rod, hot-rolled

stainless steel bars and cold-formed stainless steel bars; pre-stressed concrete steel wire strand; certain steel products including hot-rolled steel plate, cold-rolled carbon

28

steel plate, carbon steel structural shapes, galvanized carbon steel sheet; hot-rolled carbon steel bars and cold-formed carbon steel bars.

c. South Korea: welded carbon steel pipes and tubes; hot-rolled carbon steel plate and

hot-rolled carbon steel sheet and galvanized steel sheet. d. Mexico: certain iron-metal construction castings, including manhole covers, rings

and frames, catch basin frames and grates, cleanout covers, grates, meter boxes. valve boxes; galvanized carbon steel sheet; cold-rolled carbon steel sheet; carbon steel plate in coil; carbon steel plate cut to length; and small diameter carbon steel plate welded pipe.

e. Argentina: carbon steel wire rod and cold-rolled carbon steel sheet.

Penalties for violation of this paragraph may be found in the Trade Practices Act. Penalties

include becoming ineligible for public works contracts for the period of three years. This

paragraph in no way relieves PARTNER of responsibility to comply with the provisions of

the Steel Products Procurement Act described herein.

37. STEEL PRODUCTS PROCUREMENT ACT. In accordance with the Act of March 3, 1978, P.L.

6, No. 3, as amended, known as the Steel Products Procurement Act, 73 P.S. §1881 et seq.,

only steel products as defined in the Act shall be used or supplied in the performance of this

Agreement or any contracts or subcontracts hereunder.

In the performance of the Agreement, PARTNER, its contractors, subcontractors, materialmen or suppliers shall use only: 1) steel products, rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process; and 2) cast iron products made in the United States.

Contractors shall certify that all steel and cast iron products to be used or supplied in the performance of this Agreement comply with the Act. No payment will be made for steel and cast iron products until such certification has been received.

The COMMISSSION shall not provide for, or make any payment to any person who has not complied with the Act. Any such payments made by the COMMISSION to anyone that should not have been made as a result of the Act shall be recoverable directly from the contractor, subcontractor, manufacturer or supplier that did not comply with the Act. In addition to the withholding of payments, any person who willfully violates any of the provisions of the Act

29

shall be prohibited from submitting any proposals to any public agency for a period of five (5) years from the date of the determination that a violation has occurred. In the event the person who violates the provisions of the Act is a subcontractor, manufacturer or supplier, such person shall be prohibited from performing any work or supplying any materials to a public agency for a period of five (5) years from the date of the determination that a violation has occurred.

PARTNER shall include the provisions of the Steel Products Procurement Act in every contract or subcontract so that the provisions of the Act shall be binding upon each contractor, subcontractor and supplier.

38. RECIPROCAL LIMITATIONS ACT. This Agreement is subject to the Reciprocal Limitations

Act, 62 Pa. C.S. §107 et seq. This Act requires the COMMISSION:

a. In the award of contracts, exceeding $10,000 for the erection, construction, alteration, improvement or repair of any building or other public work, or the purchase or lease of any goods, supplies, equipment, printing or materials, to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidder from that state. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. A resident bidder is a person, partnership or corporation or other business entity authorized to transact business in Pennsylvania and having a bona fide establishment for transacting business within Pennsylvania at which it was transacting business on the date when bids for the public contract were first solicited.

b. In the erection, construction, alternation, improvement or repair of any public

building or other public work, and in all purchases of goods, supplies, equipment, printing or materials, not to specify, use or purchase any goods, supplies, equipment, printing or materials which are produced, manufactured, mined, grown or performed in any state that prohibits the specification for, use, or purchase of such items in or on its public building or other works, when such items are not produced, manufactured, mined, grown or performed in such state.

c. List of Discriminating States

1. States which apply preference favoring in-state bidders and the amount of such

preference, (that may affect this contract), as found by the COMMISSION:

STATE PREFERENCE Arizona 5% (construction materials from

Arizona resident dealers only) Montana 3%

West Virginia 2.5% for construction, repair of improvements of any buildings

Wyoming 5%

30

2. States that prohibit the use of out-of-state goods, supplies, equipment, materials or printing and the prohibition that may affect this contract as found by PFBC:

STATE PREFERENCE Georgia Forest products only

Indiana Coal

New Jersey For bidders for the following items: major household appliances, chain link fence, portable sanitation units, glass, glazier supplies, storage batteries, carpet and cushion, shades, room air conditioning, electrical supplies, plumbing supplies, hardware supplies, fasteners, lumber, building supplies, audio-visual/video equipments, fire extinguishers, fire hose, motor oils, fuel oil, photographic supplies, Venetian blinds, drapes, paper towel dispensers, water hose

New Mexico Construction

3. Calculation of Preferences – In calculating the preference, the amount of a bid

submitted by a Pennsylvania bidder shall be reduced by the percentage preference that would be given to a nonresident bidder by its state of residence. Similarly, the amount of a bid offering Pennsylvania goods, supplies, equipment, materials and printing shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment, materials or printing are produced, manufactured, mined, grown or performed.

39. RIGHT TO KNOW LAW.

a. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, applies to this Agreement.

b. Unless the PARTNER provides the Commonwealth, in writing, with the name and

contact information of another person, the Commission shall notify the PARTNER using the PARTNER information provided by the PARTNER in SRM [or “the legal contact information provided in this Agreement”] if the agency needs the Partner’s assistance in any matter arising out of the Right to Know Law. The PARTNER shall notify the COMMISSION in writing of any change in the name or the contact information within a reasonable time prior to the change.

c. Upon notification to the PARTNER that the Commonwealth has received a request

for records under the RTKL, the PARTNER shall fully assist the Commonwealth in responding to the request. Such assistance shall include providing the Commonwealth within three (3) days, access to, and copies of, any document or information arising out of the Agreement in the PARTNER’s possession that the Commonwealth deems a Public Record (“Requested Information”) and providing such other assistance as the Commonwealth may request in order to comply with the RTKL. If the PARTNER is unable to provide the Requested Information within three (3) days for one of the reasons specified in the RTKL, the PARTNER must immediately notify the Commonwealth that it will need up to an additional twenty-five (25) days, and must provide in writing the reason the additional time is needed. If the PARTNER fails to provide the Requested Information to the Commonwealth

31

within the period specified in this provision, the failure shall be considered an event of default and the PARTNER shall pay, indemnify and hold the Commonwealth harmless for any damages, penalties, detriment or harm that the Commonwealth may incur as a result of the PARTNER’s failure. If the Office of Open Records or the Pennsylvania Courts determines that a record in the possession of the PARTNER is a public record, liquidated damages of $500 per day will be assessed for each calendar day beyond the date the PARTNER was required to provide the record.

d. The Commonwealth’s determination as to whether the Requested Information is a

public record is dispositive of the question as between the parties. PARTNER agrees not to challenge the Commonwealth’s decision to deem the Requested Information a Public Record. If the PARTNER considers the Requested Information to be a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, the PARTNER will immediately notify the Commonwealth, and will provide a written statement signed by a representative of the PARTNER explaining why the requested material is exempt from public disclosure under the RTKL within five (5) days. If, upon review of the PARTNER’s written statement, the Commonwealth still decides to provide the Requested Information, PARTNER will not challenge or in any way hold liable the Commonwealth for such a decision.

e. The Commonwealth will reimburse the PARTNER for any costs associated with

complying with this provision only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

f. PARTNER agrees to abide by any decision to release a record to the public made by

the Office of Open Records, or by the Pennsylvania Courts. The PARTNER agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth’s disclosure of Requested Information pursuant to the RTKL. PARTNER’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as the PARTNER has Requested Information in its possession.

32

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above written. Attest: Commonwealth of Pennsylvania

Pennsylvania Fish and Boat Commission ___________________________________________________ ____________________________________________________ Administrative Secretary (Date) John Arway, Executive Director (Date)

Attest: Grantee ___________________________________________________ ____________________________________________________ Secretary/Treasurer (Date) (name) (Date)

SAP Vendor No.:

Approved As To Legality and Form: ___________________________________________________ ____________________________________________________ Authorized Agency Attorney (Date) Office of Attorney General (Date) PFBC

Approved: I hereby certify that funds are available under the following appropriations:

6004000002 – 2230205917 – 6600400 - $

_____________________________________________________________ Comptroller (Date)

GR #_______________________

33

Exhibit A

Commission Minutes

34

Volume 57 January 2006 Page 4

EXECUTIVE OFFICE

A. Erie Access Improvement Program.

Commentary: Section 2907.2 of the Fish and Boat Code, 30 Pa. C.S. §2907.2 (relating to Lake Erie fishing permits), provides that the proceeds from the sale of the special Lake Erie fishing permits and $6 of the fees for the combination trout/salmon/Lake Erie permits are to be deposited into a restricted account within the Fish Fund for five years and that this restricted account “shall be used to provide public fishing access on or at Lake Erie and the watersheds of Lake Erie.” The funds that are deposited into the Lake Erie account are now, and into the future, restricted to their legislatively intended purposes. There also are other monies in another Lake Erie restricted account. Under the provisions of Act 1994-79, Lake Erie stamps were sold to anglers who fished Lake Erie and its tributaries during the period from 1995 through 1998. Money raised through the sale of stamps was paid as recompense to former gill net commercial fishing licensees under a statutory formula and for administration costs. Act 2002-101 provided for the disposition of the remaining funds in this Lake Erie restricted account for the purposes of acquiring property and providing public fishing access on or at Lake Erie, its tributaries and Presque Isle Bay. Staff have been working with many partners on potential property acquisitions and development projects that will benefit anglers and boaters in the Lake Erie watershed. The partners include, but are not limited to, state and local government entities, conservancies and sportsmen’s organizations. These other partners provide resources (money, manpower, knowledge, contacts, etc.) that are essential to the successful promotion and implementation of the Commission’s Erie Access Improvement Program. The Commission’s program has two core elements to it: (1) acquisition of property rights (fee simple, easement, lease, etc.) and (2) property development and enhancement. In matters relating to the acquisition of property rights (by the Commission or other parties with the Commission’s monetary consideration), formal review and action by the Commission will be sought by staff. In matters relating to development and enhancement of non-Commission property, staff are requesting approval by the Commission to work with partners and provide grants of up to $100,000 for development activities that improve fishing access. Development may include, but is not limited to, the creation of parking opportunities, fishing piers, associated amenities like restrooms and fish cleaning stations, angler paths/trails and related amenities. These development projects will be subject to the terms and conditions of a grant agreement that will include provisions pertaining to development responsibilities, maintenance responsibilities and site specific access as well as standard Commonwealth requirements.

Briefer: Thomas P. Ford, Director, Policy, Planning and Operations Volume 57

35

January 2006 Page 5 Recommendation:

Staff recommend that the Commission authorize the Executive Director to approve individual grants of $100,000 or less, using monies in the Lake Erie restricted accounts to implement public access development and enhancement projects that do not involve the acquisition of property rights in the Lake Erie watershed. For grants in excess of $100,000 and all acquisitions of property rights (by the Commission or other parties with the Commission’s monetary consideration), staff will seek separate Commission approval.

Action: A motion was made by Commissioner Mahon and seconded by Commissioner Anderson to authorize the Executive Director to approve individual grants of $100,000 or less, using monies in the Lake Erie restricted accounts to implement public access development and enhancement projects that do not involve the acquisition of property rights in the Lake Erie watershed. For grants in excess of $100,000 and all acquisitions of property rights (by the Commission or other parties with the Commission’s monetary consideration), staff will seek separate Commission approval. Motion carried.

36

Exhibit B

Application

37

Appendix B Acquisition Agreement

38

COMMONWEALTH OF PENNSYLVANIA

COOPERATIVE AGREEMENT BETWEEN THE

PENNSYLVANIA FISH AND BOAT COMMISSION

AND

[NAME OF GRANT RECIPIENT]

AGREEMENT NO. LEA- This Agreement, made and entered into this ____ day of _____________, 20___, by and between the COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA FISH AND BOAT COMMISSION hereby known as the PFBC, with offices at 1601 Elmerton Avenue, Harrisburg, Pennsylvania 17110 and with offices at , hereinafter called the GRANTEE, acting through its proper officials. The PFBC and the GRANTEE are hereinafter collectively called the PARTIES

WHEREAS, Act 79 of 1994 provided for a Lake Erie fishing permit and established a restricted account within the Fish Fund to pay recompense to former gill net commercial fishing licensees, and Act 101 of 2002 provided for the disposition of the funds remaining in that account for the purposes of acquiring property and providing public fishing access on or at Lake Erie, its tributaries and Presque Isle Bay; and

WHEREAS, Act 159 of 2004 provided for a new Lake Erie fishing permit and established a

new restricted account within the Fish Fund to be used to provide public fishing access on or at Lake Erie and the watersheds of Lake Erie; and

WHEREAS, the GRANTEE has made known to the PFBC, through the submission of an

application, a copy of which is attached hereto and incorporated herein as Exhibit A, that it desires to acquire real property to eventually provide facilities for recreational anglers on Creek in County; and

WHEREAS, on _____________, 20___, the PFBC approved this grant using monies in the Lake Erie restricted accounts to acquire the property (“Property”) more fully described in this Agreement (“Acquisition”), as reflected in the relevant portion of the minutes from that meeting attached hereto and incorporated herein as Exhibit B.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises hereinafter set forth, the PARTIES hereto agree, with the intention of being legally bound, as follows: 1. TERM OF AGREEMENT. The term of this Agreement shall commence on the Effective Date

(as defined below) and shall end on the termination date set forth herein, subject to the other provisions of this Agreement.

The PFBC shall fix the Effective Date after the Agreement has been fully executed by the GRANTEE and by the PFBC and all approvals required by Commonwealth contracting procedures have been obtained. The Agreement shall not be a legally binding Agreement until after the Effective Date is affixed and the fully executed Agreement has been sent to the GRANTEE.

39

The PFBC shall issue a written Notice to Proceed to the GRANTEE. The GRANTEE shall not acquire the Property prior to the date set forth in the Notice to Proceed, and except as otherwise provided in the approved budget, the PFBC shall not be liable to pay the GRANTEE for any activities performed or expenses incurred before the date set forth in the Notice to Proceed, except that for acquisitions, the PFBC may, in its discretion, pay for appraisals, title searches, and Phase I Environmental Studies done prior to the date set forth in the Notice to Proceed. No PFBC employee has the authority to verbally direct the commencement of any work under this Agreement.

2. SCOPE OF WORK.

a. The GRANTEE will acquire the real property, hereinafter referred to as the Premises that is described in Exhibit C, attached hereto and incorporated herein, and in accordance with the due diligence requirements set forth in this Agreement.

b. The GRANTEE will perform all obligations relating to the acquisition of the Premises by no later than .

c. The GRANTEE will operate and maintain the Premises in good working order and will keep the Premises open to the public during the term of this Agreement.

3. PAYMENT TERMS.

a. The PFBC will reimburse the GRANTEE for % of the PFBC approved costs associated with the Acquisition of the Premises up to a maximum total sum of $ . Approved costs include associated legal, recording, and settlement costs; title search and title insurance; environmental assessments; appraisals; GIS mapping, surveying; and signage.

b. The GRANTEE shall invoice the PFBC for the costs associated with the Acquisition of the Premises following closing. The invoice shall be submitted to:

Pennsylvania Fish and Boat Commission

Bureau of Boating and Education Erie Access Improvement Grant Program P.O. Box 67000 Harrisburg, PA 17106-7000

c. Following closing and upon receipt of an invoice detailing the approved costs and

delivery of the fishing access and conservation agreement required under this Agreement, the PFBC shall make payment to the GRANTEE in accordance with the terms of this Agreement. No payment shall be made by the PFBC to the GRANTEE pursuant to this Agreement in excess of the amounts authorized herein. The PFBC expressly reserves the right to withhold payment to the GRANTEE pending resolution of any deficiencies identified by the PFBC.

d. The GRANTEE understands and agrees that this is a reimbursement program and that upon receiving a fully executed copy of this Agreement, the GRANTEE must pay Acquisition costs as described in this Agreement. No reimbursement will be made for invoices that are not in the proper form and are not accompanied by suitable proofs of

40

payment. The PFBC will not be liable for any expenditure by the GRANTEE that is not for approved activities or that is for costs exceeding the amount stated in this Agreement.

e. The GRANTEE agrees that the PFBC may set off the amount of any state tax liability or

other obligation of the Contractor or its subsidiaries to the PFBC against any payments due the Contractor under any contract with the PFBC.

4. RETURN OF FUNDS. If the GRANTEE fails to keep the property open for public use in

accordance with paragraph 6 of this Agreement or uses any of the grant funds or local match for unauthorized purposes, the GRANTEE shall, upon request of the PFBC, (1) repay to the PFBC grant funds that, as determined by the PFBC, are improperly used or exceed the amount permitted by law to be granted in relation to the total cost of the Acquisition and (2) pay to the PFBC interest at a rate of ten per cent (10%) on the amount returned compounded four times annually.

5. DUE DILIGENCE

a. Prior to closing, the GRANTEE shall conduct investigations on the Premises. These investigations shall include title, surveying, property line, access, environmental, land use and zoning investigations along with the inspection, non-destructive testing and archaeological evaluation of the Premises so that the GRANTEE and the PFBC may generally satisfy itself regarding matters that are considered contingencies to acquiring the Premises.

b. In the event investigations by the GRANTEE indicate that there is environmental

contamination of the Premises or there is a reasonable likelihood of such, the PFBC shall have the absolute right to cancel any and all contractual obligations hereunder or any subsequent agreement without obligation to pay or provide any consideration. The PFBC may grant the GRANTEE additional reasonable time under this Agreement to mitigate any environmental contamination or to conduct additional environmental investigations to remove any suspicions of contamination; however, the PFBC may cancel, by written notice, any contractual obligations to acquire the Premises during the extension at the PFBC’s convenience and discretion.

c. All due diligence regarding the Premises performed by or on behalf of the GRANTEE

shall be shared with the PFBC at least sixty (60) days prior to any scheduled closing on the Premises. The PFBC shall complete its review of the due diligence and shall notify the GRANTEE of any deficiencies within thirty (30) days of the PFBC’s receipt of the due diligence materials. The GRANTEE shall correct any deficiencies noted by the PFBC prior to closing..

d. The GRANTEE shall acquire Premises with a good, clean and marketable title. e. The PFBC shall be provided a draft of the deed for the Premises at least 45 days prior to

closing, so the PFBC may provide any comments or require any changes in the language of the deed.

6. INSPECTION. The PFBC may make periodic inspections and a final inspection to ensure,

among other things, that funds are properly spent and due diligence is completed. The GRANTEE’s operation and maintenance of the Premises shall be subject to inspection by the

41

PFBC to ensure that the Premises are being operated and maintained in good working order and are open to the public as provided herein. The GRANTEE shall not impede or hamper the PFBC’s access for inspections in any way and shall provide records and other information relating to the Premises’ operation and maintenance to the PFBC upon request. In the event an inspection by the PFBC identifies a deficiency, the GRANTEE will take the necessary steps to resolve the deficiency to the PFBC’s satisfaction within a reasonable time period prescribed by the PFBC.

7. EASEMENT TO PFBC. Concurrent with closing or within 60 days of the acquisition of the

Premises, the GRANTEE shall convey to the PFBC a fishing and boating access conservation easement. The fishing access and conservation agreement shall include an easement area for parking and ingress, regress and egress from the nearest public right of way to allow effective access by the public. The easement shall be in the substantially same form as the model easement attached and incorporated herein as Exhibit D. The PFBC may seek specific performance of this provision. The easement shall be recorded in the appropriate County office and the terms of the easement shall survive the termination of this Agreement. The GRANTEE will also, in the event that it sells or transfers the Premises to another entity, retain a perpetual conservation easement or will grant a perpetual conservation easement on the Premises to the PFBC or a PFBC-approved third party. The conservation easement will be in a form satisfactory to the PFBC. This provision will survive the termination of this Agreement. The GRANTEE shall ensure that the following language is included in the deed conveying the Premises to the GRANTEE: “This acquisition was funded in part by the Pennsylvania Fish and Boat Commission with funds from the Lake Erie Access Restricted Revenue Account. This property may not be assigned, sold or transferred by the Grantee without the Grantee first reserving or granting a perpetual conservation easement on the property to the Pennsylvania Fish and Boat Commission or other organization approved by the Commission.”

8. COMPLIANCE WITH APPLICABLE REQUIREMENTS. The GRANTEE shall comply with all applicable federal and state laws and regulations and local ordinances in the performance of this Agreement. The GRANTEE shall secure all necessary permits, approvals and clearances and shall furnish copies thereof to the PFBC upon request

9. FREE PUBLIC USE. The GRANTEE shall operate and maintain the Property in a safe and clean condition and shall keep it open to the public in perpetuity. The GRANTEE shall not deny access to any person or persons on the basis of race, creed, color or national origin. The GRANTEE also shall obtain the prior written approval of the PFBC prior to imposing any user fees. This provision shall survive the termination of this Agreement.

10. GRANTEE’S ACQUISITION OBLIGATIONS. The GRANTEE shall be responsible for completing all title work, surveying, subdivision, investigative and recording work related to the Acquisition. The GRANTEE also shall conduct a Phase I Environmental Assessment on the Property and any necessary Phase II Environmental Assessment that is required as a result of the Phase I Environmental Assessment. The GRANTEE shall submit the title search, surveys and environmental assessment results to the PFBC for its review. If the PFBC discovers any deficiencies in the title search, surveys or the environmental assessments, the PFBC shall notify the GRANTEE and give the GRANTEE an opportunity to cure the deficiencies to the PFBC’s satisfaction during such period of time as the PFBC prescribes. The PFBC will not release the grant money under this Agreement until the deficiencies are addressed to the PFBC’s satisfaction.

42

11. ASSIGNMENT OF FUNDS. The GRANTEE may not assign any claim for funds due or to

become due under this Agreement as collateral without the prior written consent of the PFBC. If such consent is granted, both the GRANTEE and the assignee shall promptly notify the PFBC in writing of the actual assignment and the intended collateral use. Consent of an assignment does not establish any legal relationship between the Commonwealth or the PFBC and the assignee, or any other third party. Neither the Commonwealth nor the PFBC assumes any liability for any act or omission committed pursuant to such an assignment.

12. RECORDS AND AUDITS.

a. The GRANTEE, at its principal office or place of business, shall maintain, using accepted procedures, complete and accurate records of costs, expenses and activities under this Agreement.

b. The PFBC and the Commonwealth may, at reasonable times, inspect, examine, copy and

audit such records. The records shall be maintained for four years from the date of final payment or, if an audit is subsequently performed, four years from the date of that audit. However, if such audit results in findings, the GRANTEE shall maintain all required records until the findings are resolved. The GRANTEE shall give full and free access to all such records to the PFBC and the Commonwealth.

c. The Commonwealth or the PFBC may perform, or require the GRANTEE to perform, a

financial and/or performance audit. Any audit that the GRANTEE is required to perform shall be performed by a certified public accountant in accordance with procedures and standards specified by the PFBC.

13. SIGNAGE. The GRANTEE shall install a sign at the Property, noting the PFBC’s involvement.

The form of the sign and its content shall meet the specifications of the PFBC.

14. OFFICIALS NOT TO BENEFIT. The GRANTEE will establish safeguards to prohibit elected officials or employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflicts of interest, or personal gain. No member of the General Assembly of the Commonwealth of Pennsylvania or any individual employed by the Commonwealth on a full-time basis shall be admitted to any share or part of this Agreement, or to any benefit that may arise there from.

15. COMMONWEALTH HELD HARMLESS.

a. The GRANTEE agrees to indemnify, defend and save harmless the Commonwealth, its officers, agents and employees from:

i. any and all claims for payment, damages, costs or expenses demanded by any

and all contractors, service providers and other persons, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement; and

ii. any damages to property or injuries (including death) to any person(s) and any

other losses, damages, expenses, claims, demands, suits, and actions by any party against the Commonwealth arising out of the willful or negligent acts or

43

omissions of the GRANTEE, its agents, subcontractors and employees in the performance of this Agreement; and

iii. any liability, including without limitations, costs and expenses for violation of

proprietary rights, or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this Agreement or based on any libelous or other unlawful matter contained in such data.

b. The PFBC agrees to notify the GRANTEE within a reasonable time of any written claims

or demands against the PFBC for which the GRANTEE is responsible under this paragraph.

16. ASSIGNABILITY AND SUBCONTRACTING.

a. Subject to the terms and conditions of this paragraph, this Agreement shall be binding upon the parties and their respective successors and assigns.

b. The GRANTEE may subcontract with any person or entity to perform all or any part of

the work to be performed under this Agreement so long as the GRANTEE retains ultimate control and responsibility for the work and all subcontractors shall be bound by the terms and conditions of this Agreement and any other requirements applicable to the GRANTEE in the conduct of the work.

c. The GRANTEE may not assign, in whole or in part, this Agreement or its rights, duties,

obligations and responsibilities hereunder without the prior written consent of the PFBC, which consent may be withheld at the sole and absolute discretion of the PFBC.

d. Any assignment consented to by the PFBC shall be evidenced by a written assignment

agreement executed by the GRANTEE and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Agreement and to assume the duties, obligations, and responsibilities being assigned.

e. A change of name by the GRANTEE, following, which the GRANTEE’s federal

identification number remains unchanged, shall not be considered to be an assignment hereunder. The GRANTEE shall give the PFBC written notice of any such change of name.

17. DEFAULT.

a. The PFBC may, subject to the provisions of the “Force Majeure” paragraph, and in

addition to its other rights under the Agreement, declare the GRANTEE in default by written notice thereof to the GRANTEE, and terminate (as provided herein) the whole or any part of this Agreement for any of the following reasons.

i. Failure to begin work within the time specified in the Agreement or as otherwise

specified;

44

ii. Failure to perform the work with sufficient labor, equipment, or material to ensure the completion of the specified work in accordance with the agreement terms;

iii. Unsatisfactory performance of the work;

iv. Failure or refusal to remove material, or remove and replace any work rejected

as defective or unsatisfactory;

v. Discontinuance of work without approval;

vi. Failure to resume work, which has been discontinued, within a reasonable time after notice to do so;

vii. Insolvency or bankruptcy;

viii. Assignment made for the benefit of creditors;

ix. Failure or refusal, within 10 days after written notice by the PFBC, to make

payment or show cause why payment should not be made, of any amounts due for materials furnished, labor supplied or performed, for equipment rentals, or for utility services rendered;

x. Failure to protect, to repair, or to make good any damage or injury to property;

or

xi. Breach of any provision of this Agreement.

b. The rights and remedies of the PFBC provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

c. The PFBC’s failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the PFBC of its rights and remedies in regard to the event of default or any succeeding event of default.

18. TERMINATION PROVISIONS. The PFBC has the right to terminate this Agreement for any

of the following reasons. Termination shall be effective upon written notice to the GRANTEE.

a. Termination for Convenience.

The PFBC shall have the right to terminate the Agreement for its convenience if the PFBC determines termination to be in its best interest. The GRANTEE shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the GRANTEE be entitled to recover loss of profits or incidental or consequential damages.

b. Non-Appropriation. The PFBC’s obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a

45

subsequent fiscal year period, the PFBC shall have the right to terminate the Agreement. The GRANTEE shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under this Agreement. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from any appropriations available for that purpose.

c. Termination for Cause.

The PFBC shall have the right to terminate the Agreement for GRANTEE default as provided herein, upon written notice to the GRANTEE. The PFBC shall also have the right, upon written notice to the GRANTEE, to terminate the Agreement for other cause as specified in this Agreement or by law. If it is later determined that the PFBC erred in terminating the Agreement for cause, then, at the PFBC’s discretion, the Agreement shall be deemed to have been terminated for convenience under subparagraph (a).

19. AGREEMENT CONTROVERSIES. In the event of a controversy or claim arising from the Agreement, the GRANTEE must, within six months after the cause of action accrues, file written notice of controversy of claim with the PFBC’s Executive Director for a determination. The Executive Director shall send a written determination to the GRANTEE. The decision of the Executive Director shall be final and conclusive unless, within thirty (30) days after receipt of such written determination, the GRANTEE seeks such review as authorized by law. Pending a final judicial resolution of a controversy or claim, the GRANTEE shall proceed diligently with the performance of the Agreement in a manner consistent with the interpretation of the PFBC’s Executive Director and the PFBC shall compensate the GRANTEE pursuant to the terms of the Agreement.

20. APPLICABLE LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions. The GRANTEE consents to the jurisdiction of any court of the Commonwealth and any federal courts in the Commonwealth, waiving any claim or defense that such forum is not convenient or proper. The GRANTEE agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.

21. SEVERABILITY. In the event that any one or more of the provisions herein contained shall be held to be in violation of or not enforceable because of any law, it is understood that said provisions shall be deemed modified to the extent necessary to comply with said law, or if such modification would be impracticable, shall be deemed deleted and none of the other rights or obligations herein shall be prejudiced or rendered unenforceable by reason thereof.

22. AGREEMENT CHANGES. Changes to this Agreement may be made at the request of either party, with the concurrence of the other. Changes shall require a formally executed amendment with the exceptions listed below. The PFBC must receive all requests for formal amendments no later than ninety (90) days before the termination date set forth in this Agreement. The following types of changes may be made by a letter of mutual consent between the PFBC and the GRANTEE:

a. Adjustments of ten percent (10%) or more per budget category or the inclusion of a new

category for which GRANTEE did not previously budget, provided that such adjustment or new category does not increase the maximum reimbursement dollar amount set forth

46

in this Agreement. Adjustments that are less than ten percent (10%) per budget category may be accomplished without a letter of mutual consent or a formal amendment, provided that such adjustments do not increase the maximum reimbursement dollar amount set forth in this Agreement.

b. Changes to any task completion dates.

23. EXAMINATION OF RECORDS.

a. The GRANTEE agrees to maintain books, records, documents, and other evidence pertaining to the costs and expenses of this Agreement (hereinafter collectively called the "records") to the extent available for which reimbursement is claimed under the provisions of this Agreement.

b. The GRANTEE agrees to make available at the office of the GRANTEE at all reasonable

times during the term of this Agreement and the period set forth in subparagraph (c) below, any of the records, books, papers or documents related to the award for inspection, audit, or reproduction by any authorized representative of the PFBC, the Auditor General or the Comptroller General of the United States. GRANTEE will establish a proper accounting system in accordance with generally accepted accounting standards or PFBC directives.

c. Except as otherwise provided below, the GRANTEE shall preserve and make available its

records for a period of four (4) years from the date of final payment under this Agreement:

i. If this Agreement is completely or partially terminated, the records relating to

the work terminated shall be preserved and made available for a period of four (4) years from the date of any resulting final settlement.

ii. Records which relate to litigations or the settlement of claims arising out of the

performance of this Agreement, or cost and expenses of this Agreement as to which exception has been taken by the auditors, shall be retained by GRANTEE until such litigation, claims, or exceptions have been disposed of.

24. NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE. During the term of the

Agreement, GRANTEE agrees as follows:

a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under the Agreement or any subcontract, the GRANTEE, subcontractor or any person acting on behalf of the GRANTEE or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

b. Neither the GRANTEE nor any subcontractor nor any person on their behalf shall in any

manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Agreement on account of gender, race, creed, or color.

47

c. The GRANTEE and subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

d. The GRANTEE shall not discriminate by reasons of gender, race, creed or color against

any subcontractor or supplier who is qualified to perform the work to which the Agreement relates.

e. The GRANTEE and each subcontractor shall furnish all necessary employment

documents and records to and permit access to its books, records, and accounts by the PFBC and the Department of General Services’ Bureau of Agreement Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the GRANTEE or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the PFBC or the Bureau of Contract Administration and Business Development.

f. The GRANTEE shall include the provisions of this Nondiscrimination/Sexual Harassment

Clause in every subcontract so that such provisions will be binding upon each subcontractor.

g. The PFBC may cancel or terminate the Agreement and all money due or to become due

under the Agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause.

25. CONTRACTOR INTEGRITY PROVISIONS.

a. For purposes of this clause only, the words “Confidential information,” “consent,”

“contractor,” “financial interest,” and “gratuity” shall have the following definitions:

i. Confidential information means information that is not public knowledge or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.

ii. Consent means written permission signed by a duly authorized officer or

employee of the PFBC, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the PFBC shall be deemed to have consented by virtue of execution of this Agreement.

iii. Contractor means the individual or entity that has entered into this Agreement

with the PFBC, including directors, officers, partners, managers, key employees, and owners of more than a 5% interest.

iv. Financial Interest means:

(1) ownership of more than a 5% interest in any business; or

48

(2) holding a position as an officer, director, trustee, GRANTEE, employee, or the like, or holding any position of management.

v. Gratuity means any payment of more than nominal monetary value in the form of

cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or agreements of any kind.

b. The contractor shall maintain the highest standards of integrity in the performance of

this Agreement and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth.

c. The contractor shall not disclose to others any confidential information gained by virtue

of this Agreement. d. The contractor shall not, in connection with this or any other agreement with the PFBC,

directly or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth.

e. The contractor shall not, in connection with this or any other agreement with the PFBC,

directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the PFBC.

f. Except with the consent of the PFBC, neither the contractor nor anyone in privity with

him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under this Agreement except as provided therein.

g. Except with the consent of the PFBC, the contractor shall not have a financial interest in

any other contract, subcontractor, or supplier providing services, labor, or material on this project.

h. The contractor, upon being informed that any violation of these provisions has occurred

or may occur, shall immediately notify the PFBC in writing. i. The contractor, by execution of this Agreement and by the submission of any bills or

invoices for payment pursuant thereto, certifies and represents that he or she has not violated any of these provisions.

j. The contractor, upon the inquiry or request of the Inspector General of the

Commonwealth or any of that official’s, agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form, which refer to or concern this Agreement. The contractor shall retain such information for a period of three years beyond the termination of the Agreement unless otherwise provided by law.

49

k. For violation of any of the above provisions, the PFBC may terminate this and any other

agreement with the contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another contractor to complete performance hereunder, and debar and suspend the contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

26. CONTRACTOR OFFSET PROVISION. The GRANTEE agrees that the Commonwealth may

offset the amount of any state tax liability or other debt of the GRANTEE that is owed to the Commonwealth and not being contested on appeal against payments due the GRANTEE under this or any other contract with the Commonwealth.

27. CONTRACTOR RESPONSIBILITY PROVISIONS.

a. The GRANTEE certifies, for itself and all its subcontractors, that as of the date of its

execution of this Agreement, that neither the GRANTEE, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the GRANTEE cannot so certify, then it agrees to submit, a written explanation of why such certification cannot be made.

b. The GRANTEE also certifies that as of the date of its execution of this Agreement, it has

no tax liabilities or other Commonwealth obligations. c. The GRANTEE’s obligations pursuant to these provisions are ongoing from and after the

effective date of the Agreement through the termination date thereof. Accordingly, the GRANTEE shall have an obligation to inform the PFBC if, at any time during the term of the Agreement, it becomes delinquent in the payment of taxes, or other PFBC obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment.

d. The failure of the GRANTEE to notify the PFBC of its suspension or debarment by the

Commonwealth, any other state, or the federal government shall constitute an event of default of the Agreement with the PFBC.

e. The GRANTEE agrees to reimburse the PFBC for the reasonable costs of investigation

incurred by the Office of State Inspector General for investigations of the GRANTEE’s compliance with the terms of this or any other agreement between the GRANTEE and the PFBC, which results in the suspension or debarment of the GRANTEE. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The GRANTEE shall not be responsible for investigative costs for investigations that do not result in the GRANTEE’s suspension or debarment.

f. The GRANTEE may obtain a current list of suspended and debarred Commonwealth

contractors by either searching the Internet at http://www.dgs.state.pa.us or contacting the:

50

Department of General Services

Office of Chief Counsel 603 North Office Building

Harrisburg, PA 17125 Telephone No: (717) 783-6472

FAX No. (717) 787-9138 28. AMERICANS WITH DISABILITIES ACT. During the term of this Agreement, the GRANTEE

agrees as follows:

a. Pursuant to federal regulations promulgated under the authority of The Americans with Disabilities Act, 28 C.F.R. §35.101 et seq., the GRANTEE understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Agreement or from activities provided for under this Agreement. As a condition of accepting and executing this Agreement, the GRANTEE agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through agreements with outside contractors.

b. The GRANTEE shall be responsible for and agrees to indemnify and hold harmless the

Commonwealth of Pennsylvania from losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the GRANTEE's failure to comply with the provisions of subparagraph (a) above.

29. INCLUSION OF APPLICATION DOCUMENTS. GRANTEE hereby agrees that the Erie Access

Improvement Grant Program Procedure Guide and GRANTEE’s application, together with any attachments thereto, are by reference made a part of this Agreement as if they were fully set forth herein. If there are inconsistencies between these documents and this Agreement, the contract documents shall be construed in the following order of precedence: this Agreement, the Procedure Guide and GRANTEE’s application.

30. INTEGRATION. The Agreement, including all documents incorporated by reference, constitutes the entire Agreement between the parties. No agent, representative, employee or officer of either the PFBC or the GRANTEE has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Agreement, which is any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Agreement. No modifications, alternations, changes, or waiver to the Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties, except as provided herein. All such amendments will be made using the appropriate Commonwealth form.

31. NOTICES. All notices shall be in writing and shall be deemed to have been properly given if personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by private overnight express carrier, such as Federal Express, next business day delivery, charges prepaid, addressed as follows:

51

TO PFBC: Pennsylvania Fish and Boat Commission Coordinator Erie Access Improvement Grant Program P.O. Box 67000 Harrisburg, PA 17106-7000 With a copy to Chief Counsel Pennsylvania Fish and Boat Commission P.O. Box 67000 Harrisburg, PA 17106-7000 TO GRANTEE:

32. TERMINATION DATE. This Agreement shall terminate on _________________, 20___.

33. RIGHT TO KNOW LAW. a. The Pennsylvania Right-to-Know Law (RTKL), 65 P.S. §§ 67.101-3104, applies to this

Agreement. b. Unless the GRANTEE provides the Commonwealth, in writing, with the name and contact

information of another person, the PFBC shall notify the GRANTEE using the GRANTEE information provided in this Agreement if the agency needs the GRANTEE’s assistance in any matter arising out of the RTKL. The GRANTEE shall notify the PFBC in writing of any change in the name or the contact information within a reasonable time prior to the change.

c. Upon notification to the GRANTEE that the Commonwealth has received a request for

records under the RTKL, the GRANTEE shall fully assist the Commonwealth in responding to the request. Such assistance shall include providing the Commonwealth within three (3) days, access to, and copies of, any document or information arising out of the Agreement in the GRANTEE’s possession that the Commonwealth deems a Public Record (“Requested Information”) and providing such other assistance as the Commonwealth may request in order to comply with the RTKL. If the GRANTEE is unable to provide the Requested Information within three (3) days for one of the reasons specified in the RTKL, the GRANTEE must immediately notify the Commonwealth that it will need up to an additional twenty-five (25) days, and must provide in writing the reason the additional time is needed. If the GRANTEE fails to provide the Requested Information to the Commonwealth within the period specified in this provision, the failure shall be considered an event of default and the GRANTEE shall pay, indemnify and hold the Commonwealth harmless for any damages, penalties, detriment or harm that the Commonwealth may incur as a result of the GRANTEE’s failure. If the Office of Open Records or the Pennsylvania Courts determines that a record in the possession of the GRANTEE is a public record, liquidated damages of $500 per day will be assessed for each calendar day beyond the date the GRANTEE was required to provide the record.

d. The Commonwealth’s determination as to whether the Requested Information is a public

record is dispositive of the question as between the parties. GRANTEE agrees not to

52

challenge the Commonwealth’s decision to deem the Requested Information a Public Record. If the GRANTEE considers the Requested Information to be a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, the GRANTEE will immediately notify the Commonwealth, and will provide a written statement signed by a representative of the GRANTEE explaining why the requested material is exempt from public disclosure under the RTKL within five (5) days. If, upon review of the GRANTEE’s written statement, the Commonwealth still decides to provide the Requested Information, GRANTEE will not challenge or in any way hold liable the Commonwealth for such a decision.

e. The Commonwealth will reimburse the GRANTEE for any costs associated with

complying with this provision only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

f. GRANTEE agrees to abide by any decision to release a record to the public made by the

Office of Open Records, or by the Pennsylvania Courts. The GRANTEE agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth’s disclosure of Requested Information pursuant to the RTKL. GRANTEE’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as the GRANTEE has Requested Information in its possession.

34. NONWAIVER OF REMEDIES. No provision of this Agreement may be construed to create

rights in third parties that are not a party to this Agreement. This Agreement defines specific duties and responsibilities between the PFBC and the GRANTEE and will not provide any basis for claims of any other individual or entity.

35. AUTHORIZATION. The persons signing this Agreement on behalf of the GRANTEE warrant and affirm that they have the legal authority to do so.

53

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above written. Attest: Commonwealth of Pennsylvania

Pennsylvania Fish and Boat Commission ___________________________________________________ ____________________________________________________ Administrative Secretary (Date) John Arway, Executive Director (Date) Attest: Grantee ___________________________________________________ ____________________________________________________ Secretary/Treasurer (Date) (Date)

Federal I.D. No.: SAP Vendor No.:

Approved As To Legality and Form: ___________________________________________________ ____________________________________________________ Authorized Agency Attorney (Date) Office of Attorney General (Date) PFBC Approved: I hereby certify that funds are available under the following appropriations: 6004000002 – 2230205917 – 6600400 - $ _____________________________________________________ Comptroller (Date) GR #_______________________________________

54

Exhibit A

Application

55

Exhibit B

Commission Meeting Action

56

Exhibit C

Application (including Deed or Property Description)

57

Exhibit D

Fishing Access and Conservation Agreement

58

Appendix C Fishing Access Conservation

Agreement (Easement)

60

Prepared by: PA Fish & Boat Commission Parcel ID: Return to: PA Fish & Boat Commission P.O. Box 67000 Harrisburg, PA 17106-7000

FISHING ACCESS AND CONSERVATION AGREEMENT

THIS INDENTURE made and entered into this _____ day of _________________, 20___, between ____________________________________________________________________, _________________________________________________________________________________, __________ County, Pennsylvania (hereinafter “Grantor”)

AND

the Commonwealth of Pennsylvania, by and through the Pennsylvania Fish and Boat Commission, with an address of 1601 Elmerton Avenue, Harrisburg, Pennsylvania 17106 (hereinafter “Grantee”).

For the consideration provided by the Grantee for the purchase or improvement of real property, hereinafter referred to as the Property, conveyed and recorded as Deed Book ___ and Page ____ and further described as:

Street Address: Municipality: Parcel Identifier: County: Commonwealth of Pennsylvania

the Grantor hereby grants and covenants on behalf of itself, its heirs, successors, and assigns at all times to the Grantee, a fishing access and conservation easement as follows: 1. Grantor shall preserve and maintain the area on its property from thirty-five feet from any

bank of ___________________ (waterway name) owned by Grantor to all parts of the bed of __________________ (waterway name) owned by Grantor (hereinafter “Easement Area”). OR – to be used if PFBC decides landscape requires it. The Grantor shall preserve and maintain the area on its property from thirty-five feet from any bank of _____________ (waterway name) unless a greater or lesser width from the bank is set forth on the Easement Plan to all parts of the bed of _______ Creek owned by Grantor (hereinafter “Easement Area”). The Easement Plan is attached as Exhibit ____.

2. The Easement Area shall move consistent with the movement of ___________________ (waterway

name) that occurs within the boundaries of Grantor’s property. 3. This Agreement is made to benefit the public by providing recreational access for fishing and

boating and providing protections to the riparian buffer and is deemed to be a conservation easement as defined in Act 2001-29, P.L. 390, § 3, 32 P.S. § 5053 and Grantor, its heirs, successors and assigns shall maintain, protect and preserve the Easement Area and abide by the terms and conditions of this Fishing Access and Conservation Agreement in perpetuity.

4. The Easement Area shall forever be open to the public for fishing and boating uses. Public

use shall be subject to the rules, regulations and/or limitations established presently or in

61

the future by Grantee to regulate fishing and boating activities. Public access to the Easement Area shall be via the Waterway unless and to the extent (1) the Easement Area is accessible directly from the public right-of-way; (2) an area has been identified by Grantee on the Easement Plan as a means of access for public use purposes.

5. No buildings or structures, except those listed in this paragraph, shall be erected in the Easement Area by the Grantor without the prior written permission of the Grantee. The Grantee may erect or build the following within the Easement Area without the prior written permission of the Grantor: signage, trails, structures that enhance fishing opportunities or fish habitat, and stream bank restoration and improvements. Upon mutual consent, the Grantor and/or Grantee may erect or build the following structures within the Easement Area: docks, piers, boat launches and walkways.

6. The Grantee may have use of the Easement Area for stocking fish, improving stream habitat, and conducting other educational, scientific and resource management activities that are consistent with the purposes of this Agreement.

7. The Grantor may not do any of the following: (1) adversely affect the natural flow of surface

or underground waters into, within and out of the Easement Area;(2) change the vegetative cover, general topography and stream frontage of the Easement Area from its condition as of the Agreement Date; (3) may not till the soil, grow crops, or harvest timber within the Easement Area without the prior written consent of the Grantee; and (4) dump or place ashes, trash, garbage, sewage, manure or other offensive material upon or in the Easement Area.

8. The Grantor reserves the following rights: (1) to sell, give or otherwise convey the Easement Area, provided such conveyance is subject to the terms of this Easement; (2) to use the Easement Area in the same manner as the “public”; (3) to use the water to water cattle and other livestock; (4) to take any action permitted under law to remove from the Property persons entering the Easement Area for purposes other than those expressly authorized under this Agreement. The Grantor reserves the following rights that the Grantor will have the right to enforce but the Grantee has no obligation to enforce: (1) to allow or disallow hunting and trapping in the Easement Area; (2) to allow or disallow fishing from dusk to dawn in the Easement Area.

9. The Grantee shall be permitted at all reasonable times to inspect the Easement Area in order

to ascertain if the above conditions are being observed and shall have the right of ingress and egress from the Easement Area across all contiguous lands owned by the Grantor for the purpose of carrying out its rights and obligations under this Agreement.

10. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter

provided by law, the Grantee or any other person or entity with standing may, following reasonable notice to Grantor, institute suit to enjoin said violation or to require the Grantor to comply with the terms of this Agreement. The successful party shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all administrative costs, court costs and attorney’s fees. Notwithstanding any other provision of this paragraph, the Grantee may, upon reasonable notice, enter upon the lands of the Grantor and remove any encroachment or obstruction in the Easement Area to secure and restore public fishing access. Grantor shall be liable for the costs of any such action by Grantee.

11. Grantor agrees that the Grantee may at its discretion, without prior notice to Grantor, convey

and assign all or part of its rights and responsibilities contained herein to a third party.

62

12. Nothing in this Agreement shall limit the Grantor’s ability to avail itself of the protections offered by the Recreation Use of Land and Water Act, Act of February 2, 1966, P.L. (1965) 1860, No. 586, as amended, 68 P.S. § 477-1 et seq.

13. This covenant is binding on Grantor, its heirs, successors, and assigns in perpetuity.

Restrictions, stipulations and covenants contained herein shall be inserted by Grantor verbatim or by express reference in any subsequent deed or other legal instrument by which it encumbers or divests itself of either the fee simple title or any other lesser estate in the Property or any part thereof.

14. The failure of the Grantee to exercise any right or remedy granted under this instrument

shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time.

15. If any provision of this easement is found to be invalid, the remainder of the provision shall

remain in full force and effect.

16. The Grantor certifies that the Property is, as of the Agreement Date, free and clear of all mortgages, liens and other encumbrances (collectively “Liens”) or, if it is not, that Grantor has obtained and attached to this Agreement the legally binding subordination of any Liens affecting the Property as of the Agreement Date.

17. The Grantor hereby certifies that to the best of its knowledge the Easement Area is not

contaminated with hazardous or toxic waste and hazardous or toxic waste has not been stored or generated on the Easement Area, as hazardous and toxic waste are so defined by the Pennsylvania Department of Environmental Protection.

18. NOTICE: The Conservation Easement may impair the development of coal interests including workable coal seams or coal interests which have been severed from the Property.

19. Amendment to any provision of this Agreement is effective only if the amendment is in writing, signed by both parties and recorded in the Public Record.

The Easement shall be a binding servitude upon the Easement Area on the Property and shall be deemed to run with the land. Execution of this Easement shall constitute conclusive evidence that Grantor agrees to be bound by the foregoing conditions and restrictions and to perform to obligations herein set forth.

63

WITNESSETH, on this ___ day of _________________ 20____. WITNESS: FOR GRANTOR ______________________________________ ___________________________________________ (date) name (date) ___________________________________________

name (date) ATTEST: FOR GRANTEE ________________________________________ ___________________________________________ Administrative Secretary (date) Executive Director (date) Pennsylvania Fish and Boat Commission

APPROVED AS TO FORM AND LEGALITY _________________________________________ ___________________________________________ Authorized Agency Attorney (date) Deputy Attorney General (date)

64

COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF ERIE ) On this, the day of , 20__, before me, the undersigned officer, personally appeared _________________________, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) (Notary Public) COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF ERIE ) On this, the day of , 20__, before me, the undersigned officer, personally appeared _________________________, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) (Notary Public) COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF DAUPHIN ) On this, the day of , 20___, before me, the undersigned officer, personally appeared Douglas J. Austen, Ph.D., Executive Director of the Pennsylvania Fish and Boat Commission, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) (Notary Public)

65

Appendix D Blank Application Form

66

Erie Form - Rev. 04/14/2010

COMMONWEALTH OF PENNSYLVANIA

Pennsylvania Fish and Boat Commission Erie Access Improvement Program

GRANT APPLICATION FORM

SECTION I - IDENTIFICATION OF APPLICANT AND PROJECT COORDINATOR

Legal Name of Applicant: Federal ID Number: County

Mailing Address (Street/P.O. Box, City/Town): (Zip Code) (Telephone Number) ( )

Local Project Coordinator (Person in Charge of Project): Title:

Mailing Address (Street/P.O. Box, City/Town): (Zip Code) Telephone Number (Daytime): ( )

Email Address: FAX Number:

Applicant Classification: Municipality County Land Trust Other

Name and Title of Chief Elected Official or Executive Officer:

SECTION II – GENERAL PROJECT INFORMATION Project Title: Project Address / Location (if located in more than one County, Township, etc., please list all)

County Borough, City, Town or Township

Is Project Property Leased? Yes No. Project Property is Owned By:

Project Type (Check One) Acquisition Technical Assistance

Access Improvement Other

Category (Check One) Acquisition – Fee Simple Acquisition – Easement Access Improvement

Technical Assistance Other

SECTION III – PROPOSED PROJECT BUDGET

To accurately estimate a project’s eligible costs, applicants should thoroughly review program materials and/or contact the PFBC. PFBC will help you develop a realistic / eligible scope of work, qualifications, and verify ADA access and other requirements.

$ Total Project Cost — $ (minus) Grant Amount Requested (50% maximum) = $ ___________ Local Match*

ALL COST FIGURES SHOULD BE ROUNDED TO NEAREST $100

*For all projects, list all Public and Private cash and/or non-cash matching contributions that comprise the local match indicated above.

MATCH SOURCES CASH AMOUNT PENDING SECURED NON-CASH VALUE

67

SECTION IV – PROJECT DESCRIPTION Applicants are encouraged to discuss proposed projects, project scope of work, etc., with the Commission prior to submission of the application.

Project Type: Check the appropriate box and provide the scope of work for your project below.

Acquisition – See Below Access Improvement – See Below Technical Assistance – See Below Other

above checked project type in the space provided below.

Acquisition – Describe the area to be acquired in terms of size, number of parcels, natural and man-made features, nature of surrounding land use, existing uses, relation to existing public parkland, trails, conservation areas, and future proposed facilities. Indicate interest to be acquired if other than fee simple.

Access Improvement – Describe your project scope of work in terms of facilities to be developed/rehabilitated, their existing and proposed uses and capacity, and their relation to fishing and/or boating opportunities.

Technical Assistance – Describe your project scope of work/technical assistance request. Identify the nature of your project and what assistance you are requesting from the Commission; planning, administration, design, etc.

Provide the scope of work for your proposed project in this space –

attach additional sheets as necessary.

Did you discuss your project with the PFBC? Yes No

If yes, please indicate with whom.

68

SECTION V – PROJECT SELECTION CRITERIA

Project Title:

PFBC uses the criteria below to evaluate, rate, and rank grant applications for funding consideration. Each of the criteria has a statement and a commentary to further explain the statement and provide guidance to help the applicant give a concise response to each statement. Use the space provided on this form; attach additional pages if necessary.

1. Needs and Benefits Assessment – Points: Maximum of 20. Criterion: List and describe the fishing, conservation and general access need that exists at the proposed project site, in the community, region, or county that makes this project an important priority. Further, list and describe the immediate and future long-term benefits that will be realized if the proposed project is completed. Attach additional pages if necessary.

2. Partnerships / Intergovernmental Cooperation – Points: Maximum of 20. Criterion: Describe how the project involves partnership efforts among governmental, nonprofit or other public and private organizations. Describe in detail the commitments (monetary and otherwise) project partners have made. Attach supporting documents and additional pages as necessary. Priority will be given to those projects that identify the most match.

3. PFBC Erie Access Improvement Program Priorities – Points: Maximum of 20. Criterion: Describe how the proposed project addresses PFBC Erie Access Improvement Priorities. Attach additional pages if necessary.

69

Planning – Points: Maximum of 20. NOTE: This Criterion has 3 parts.

Part A – Describe how the project is generally consistent with local or county comprehensive planning and zoning by answering the following questions:

1. Does this project involve the funding of infrastructure or facilities? Yes No 2. Is there a Comprehensive Plan? Local Yes No County Yes No Multi-municipal / Regional Yes No 3. Date of Comprehensive Plan(s) 4. If yes, is the project generally consistent with a Comprehensive Plan? Local Yes No N/A County Yes No N/A Multi-municipal / Regional Yes No N/A 5. Is there a zoning ordinance? Local Yes No County Yes No What is the property zoned? Is the project consistent with local zoning? Yes No 6. Does the Municipality have zoning with riparian setbacks? Yes No

Part B – Also describe how the project is consistent with other local, regional, state, or federal plans or will implement actions recommended in other local, state or federal plans. Attach additional pages if necessary.

Part C – Describe the status of discussions/interactions that have taken place on the project thus far. Attach additional pages if necessary.

70

5. Site Compatibility – Points: Maximum of 15. Criterion: Discuss the reasons how and why the proposed site was identified and why is it appropriate for the proposed project. Discuss the impact of the proposed project on the existing environmental conditions of the site (wetlands, waters, etc). Attach additional pages if necessary.

6. Other – Points: Maximum of 5. Criterion: Discuss other factors that you wish the Commission to consider in its evaluation of your project. For example, does the project involve the permanent securing of prime fishing waters, involve rehabilitation of existing facilities, imposition of user fees to support the long-term viability of the facility, etc.

SECTION VI – CERTIFICATION

By signing this grant application, I certify that to the best of my knowledge, information and belief, the above information provided on this form and related attachments is true, correct and that:

1. Any property to be acquired/developed has not been used for storage/disposal of toxic chemicals/waste and is not affected by such a site.

2. Any wetland areas located on the property to be acquired/developed have been identified and will be protected in accordance with applicable state/federal laws and regulations.

3. The applicant is not under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority.

4. The applicant it is not delinquent in the payment of any Commonwealth obligation, including taxes.

5. The applicant has assessed what administrative, cash, and/or non-cash needs will be required to provide the local match for the requested grant and affirms that the match is available and the applicant has the capacity to proceed with the project.

6. If in-kind services are used as a portion of the required match, the in-kind service rates do not exceed the applicant’s normal billing rates and do not include food, drinks, gifts, and other hospitality items related to the general promotion of the applicant or the promotion of any projects that the applicant is involved in; or, costs related to fund raising and/or lobbying government officials for the benefit of the applicant in general or for any projects that the applicant is involved in.

7. All statements made in this application and supporting materials are true.

Signature _____________________________________________ Date ___________________

71

SECTION VII – ACCEPTANCE OF FEDERAL FUNDING IF AVAILABLE

The applicant understands that when federal funds are utilized, there are additional requirements that apply beyond those required by the Commission. If a project is funded, in whole or in part, with federal funds, the local match cannot come from another federal source. The Commission will require additional documentation if federal funds are to be used to support the project.

I will accept federal funding for this project. I will not accept federal funding for this project.

SECTION VIII –VERIFICATION OF 501 (c)(3) STATUS (to be completed by 501(c)(3) organizations) only) By program definition, eligible applicants include 501(c)(3) entities involved in research, restoration, rehabilitation, planning, acquisition, development, education or other activities, which furthers the protection, enhancement, conservation, preservation, or enjoyment of this Commonwealth’s environmental, conservation, recreation or similar resources. The organization must be both tax exempt under Section 501 (c)(3) of the Internal Revenue Code and registered with the Pennsylvania Department of State, Bureau of Charitable Organizations and involved in the above activities. In order for the PFBC to verify your status and eligibility, please complete the following two questions in their entirety (this section does not apply to Municipalities) and attach a copy of each approval letter to your application:

1. Please print your organization’s name exactly as it appears on your approval letter from the Internal Revenue Service, provide the date of approval.

ORGANIZATION NAME: ___________________________________________________________, and DATE:

2. Please print your charitable organization’s name at it appears on the Pennsylvania Department of State, Bureau of Charitable Organizations Certificate of Registration, provide the registration number and the date of certificate expiration. Registration with the Department of State, Bureau of Charitable/Nonprofit Organizations is required for the PFBC’s funding of non-profit organizations.

ORGANIZATION NAME: ___________________________________________________, REGISTRATION NO: _

DATE OF CERTIFICATE EXPIRATION: ______________________________________________________________________________

Please attach additional sheets if necessary.

72

ACQUISITION Detailed Budget Form

Applicant: ___________________________________________________________________

Project Title: __________________________________________________________________

Date Prepared: ________________________________________________________________

ITEM WORK ITEM TOTAL COST

Use additional sheets if necessary.

73

DEVELOPMENT Detailed Budget Form

Applicant: ____________________________________________________________________

Project Title: __________________________________________________________________

Date Prepared: ________________________________________________________________

ITEM NUMBER WORK ITEM

NO. OF UNITS

UNIT COST

TOTAL COST

TOTALS Use additional sheets if necessary.

74

SUMMARY COST ESTIMATE FORM – (ALL PROJECTS) Use Development and Acquisition Worksheets to complete the table below. Your cost categories should reflect your project description and correspond with your Project Scope of Work. The Grand Total – Project Cost, located in the lower right box should match the Total on your Detailed Budget Form. SUBMIT: All applicable elements of the Detailed Budget Forms.

SELECT ONLY ONE Project Type:

CASH COSTS NON-CASH

In Kind Services

NON-CASH Equipment Use

NON-CASH Volunteer Services

NON-CASH Donated Services

Materials or Land

SUB-TOTALS

Acquisition Projects Land Costs Lump Sum Total – other Items

Development Project Construction, Materials, Labor& Equipment

Design/Engineering Services Use/Rental of Equipment Lump Sum Total – other Items

Planning Project Consultant Services Lump Sum Total – other Items

SUB-TOTALS

GRAND TOTAL – PROJECT COST

75

Instructions for the Signature and Resolution Pages: For use of Government/Municipal applicants

Erie Access Improvement Program Grant Application Manual and Forms

SIGNATURE PAGE FOR GRANT APPLICATION AND GRANT AGREEMENT (All signatures must be original; a hand stamp, FAX, or photocopy is not acceptable)

Name of Applicant/Grantee __________________________________________________________________________

Federal I.D. No. _______________________________ SAP Vendor No. __________________ WITNESS: GRANTEE: WITNESS: GRANTEE: Signature Signature Date: (typed or printed) #7 Title: Date:

PFBC USE ONLY

Project Number:

#1

#2

#5 #3

#4

#4

#6

Signature of the Witness must be an original and must be applied at the same time the person signing for the grantee applies their signature.

The official signing for the grantee must be the person holding the title in #10 on the resolution page. This must be an original signature.

The typed or printed name of the official signing for the grantee.

The title of the official must match the title in #10 on the resolution page.

The Wit ness and Grantee d at es m u st

Legal name of the applicant/grantee. This must match the name in Section I of the grant application and #8 on the resolution page. Record the organization’s Federal ID number*. This

information must be provided. *This is a nine-digit number used to report withholdings to the Internal Revenue Service. The PFBC uses this number solely as an applicant identifier.

The Witness and Grantee dates must match.

Record the organization’s SAP Vendor number*. This information must be provided. *This is a six-digit number used to purchase or sell anything with the Commonwealth of Pennsylvania

76

RESOLUTION

WHEREAS, __________________________________________________________ (“applicant”) desires to

undertake the following project [project title]_________________________________________________

________________________________________________________________________________; and

WHEREAS, the applicant desires to apply to the PA Fish and Boat Commission (“Commission”) for a grant

for the purpose of carrying out this project; and

WHEREAS, the application package includes a document entitled “Signature Page for Grant Application and

Grant Agreement”; and

WHEREAS, the applicant understands that, by signing the “Signature Page for Grant Application and Grant

Agreement” and submitting it to the Commission as part of the grant application, the applicant agrees to the

terms and conditions of the grant and will be bound by the Grant Agreement if the Commission awards a

grant;

NOW THEREFORE, it is resolved that:

1 The “Signature Page for Grant Application and Grant Agreement” may be signed on behalf of the applicant by the official who, at the time of signing, has the title of .

2. If this official signed the “Signature Page for Grant application and Grant Agreement” prior to the passage of this Resolution, this grant of authority applies retroactively to the date of signing. 3. If the applicant is awarded a grant, the “Signature Page for Grant Application and Grant Agreement,” signed by the above official, will become the applicant/grantee’s executed signature page for the Grant Agreement, and the applicant/grantee will be bound by the Grant Agreement. 4. Any amendment to the Grant Agreement may be signed on behalf of the grantee by the official who, at the time of signing of the amendment, has the title specified in paragraph 1 and the grantee will be bound by the amendment. I hereby certify that this Resolution was adopted by the [identify the governing body of the applicant, e.g. city council, borough council, board of supervisors, board of directors] ------------------------------------------------------------ this day of , .

Secretary

PFBC USE ONLY

Project Number:

#8

#9

#10

ATTENTION

It is highly recommended that you use this Resolution, provided in the grant application manual.

Section II of the grant application.

Same as # 1 on the Signature Page for Grant Application and Grant Agreement.

Signature of the Secretary of the governing body.

#12

#11

Select the governing body that applies to the grantee.

The title of the person appointed by the grantee. This must match #7 on the signature page.

77

SIGNATURE PAGE FOR GRANT APPLICATION AND GRANT AGREEMENT

(All signatures must be original (please sign in ink); a hand stamp, FAX, or photocopy is not acceptable)

Name of Applicant/Grantee

Federal I.D. No.

SAP Vendor No.

WITNESS: GRANTEE: Signature Signature Date: (typed or printed) Title: Date:

PFBC USE ONLY

Project Number:

78

RESOLUTION

WHEREAS, _______________________________ (“applicant”) desires to undertake the following project

[project title] ___________________________________________________________________________________; and WHEREAS, the applicant desires to apply to the Pennsylvania Fish and Boat Commission (“Commission”) for a grant for the purpose of carrying out this project; and WHEREAS, the application package includes a document entitled “Signature Page for Grant Application and Grant Agreement”; and WHEREAS, the applicant understands that, by signing the “Signature Page for Grant Application and Grant Agreement” and submitting it to the Commission as part of the grant application, the applicant agrees to the terms and conditions of the grant and will be bound by the Grant Agreement if the Commission awards a grant; NOW THEREFORE, it is resolved that:

1 The “Signature Page for Grant Application and Grant Agreement” may be signed on behalf of the applicant by the official who, at the time of signing, has the title of .

2. If this official signed the “Signature Page for Grant Application and Grant Agreement” prior to the passage of this Resolution, this grant of authority applies retroactively to the date of signing. 3. If the applicant is awarded a grant, the “Signature Page for Grant Application and Grant Agreement,” signed by the above official, will become the applicant/grantee’s executed signature page for the Grant Agreement, and the applicant/grantee will be bound by the Grant Agreement. 4. Any amendment to the Grant Agreement may be signed on behalf of the grantee by the official who, at the time of signing of the amendment, has the title specified in paragraph 1 and the grantee will be bound by the amendment. I hereby certify that this Resolution was adopted by the [identify the governing body of the applicant, e.g. city council, borough council, board of supervisors, board of directors] this day of , .

Secretary

PFBC USE ONLY

Project Number:

79

Appendix E Billing Form

80

(Rev. 04/14)

Pennsylvania Fish and Boat Commission Erie Access Improvement Program Grant Billing Form

Recipient: Grant No.: Project Name: Date: Total Grant Amount: Payment Requested:

Submission of this form with project invoices

certifies that the project is 100% complete.

Total Project Cost

Amount Total of Completed Project Less Applicant Cash Match Less Other Cash Funds Amount Due from PFBC: $0.00

Certification: I certify that this is a true and correct statement of all expenditures and that appropriate billing documentation to support this statement is available for inspection in recipient's fiscal records. I further understand that payment will be withheld until all required documentation is provided.

Print/Type Name

Title

Signature - Authorized Official

Date

For PFBC Use ONLY Date: Amount: Approved by: Payment Method: Reversion: