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r� u 40 40 1 .J M. The GRANTEE shall make a reasonable effort to recover from the derelict vessel owners all grant funded removal and disposal costs incurred pursuant to this Agreement. Any such recovered monies shall be reimbursed to the COMMISSION. n. An awarded Derelict Vessel Removal Grant shall be subject to pre -audit and post -audit review by the COMMISSION or its representative. All records and documents of the GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of three fiscal years following the end of the fiscal year in which final grant payment is made by the COMMISSION to the GRANTEE. Said records and documents shall be made available to the COMMISSION or its representative upon request. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for payment verification purposes by the COMMISSION or its duly authorized agent. In the event any work is subcontracted, the GRANTEE shall similarly require each subGRANTEE to maintain and allow access to such records for audit purposes. 2. Removal Disposition and Change Orders of Derelict Vessels a. The derelict vessels listed in the GRANTEE's "Derelict Vessel Listing", Attachment A, which is made part of this Agreement, shall be removed and disposed of by the GRANTEE to the extent grant reimbursement funds allow, unless during the time of removal a listed vessel is no longer on site, in accordance with the provisions of this Agreement. b. The COMMISSION may at any time, by written order designated to be a change order, make any change in the list of vessels to be removed under this Agreement. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the total amount of the grant or grant period shall require an appropriate adjustment and modification (formal amendment) to this Agreement. It is the intention of the COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received in evidence in any proceeding or Litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements 3. Payments a. The COMMISSION shall pay, on a cost reimbursement basis, to the GRANTEE, actual expenses incurred up to a total grant amount not to exceed $6,836.15 under this Agreement. Payment requests and expenditure documentation shall be submitted in accordance with, and on the forms included in, the Grant and Contract Accountability Policy and in sufficient detail for a proper pre -audit and post -audit thereof. However, reimbursement to the GRANTEE shall be net of salvage as referenced in Paragraph I h. Salvage recovery must be documented as required by the COMMISSION. Reimbursement under this Agreement does not include travel or any administrative costs. The COMMISSION's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. b. The request for compensation shall consist of an invoice on the GRANTEE's letterhead, clearly marked as invoice, make reference to FWC Grant No.00068, a verification letter from your district FWC office that the vessels(s) have been removed, and the form entitled "Disposition Certification for Derelict Vessels" completed and notarized. One invoice is allowed under this Agreement. The GRANTEE shall submit an original and three(3) copies of the final invoice to the COMMISSION no later than December 1, 2001 to assure the availability of funds for final payment. DV#00-I I FWCC 00068 Page 3 of 10