Loading...
HomeMy WebLinkAbout1999-066J 40 O�G'j.olo% DEP GRANT NO.OFMAS-122 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF MARINE RESOURCES FLORIDA ARTIFICIAL FISHING REEF PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Mail Station 240, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department') and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1840 25"' Street, Vero Beach, Florida 32960. Whereas, the Department has received U. S. Fish and Wildlife Service (USFWS) Federal Aid in Sport Fish Restoration grant funds (CFDA No. 15.605) in support of the Department's marine artificial reef planning, assessment and development in Florida; and, Whereas, Section 370.25, Florida Statutes, created an artificial fishing reef program within the Department to, in part, provide grants and technical assistance to eligible nonprofit organizations for developing, monitoring, or evaluating saltwater artificial fishing reefs; and Whereas, the Indian River County Board of County Commissioners (hereinafter referred to as the "County") is a coastal local government as defined in Chapter 62R-9.002(4), Florida Administrative Code, and Whereas, Chapter 6211-9, Florida Administrative Code, establishes rules for the administration of this grant program; and .Whereas, the County agrees to perform the services described herein, or hereinafter authorized upon the terms and conditions stated. Now, therefore, in consideration of the mutual benefits to be derived herefrom, the Department and the County do hereby agree as follows: I. The Department does hereby retain the County to perform the saltwater artificial fishing reef project as defined herein and the County does hereby agree to perform suck: services upon the terms and conditions set forth in the Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The County shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products, or materials necessary to perform this Agreement shall be supplied by the County or its subcontractor, unless specified herein. 3. The County shall perform as an independent contractor and not as an acimt, representative, or employee of the Department. Page 1 of 9 40 As consideration for the saltwater artificial fishing reef project as described in Attachment A (Scope of Services), completed by the County under the terms of this Agreement, the Department shall pay the County a sum not to exceed $25,000 on a cost reimbursement basis. All requests for payment and disbursement of funds shall be made in strict accordance with provisions of Attachment A and Chapter 62R-9. Florida Administrative Code. An itemized listing by category of all expenditures claimed along with supporting documentation for each amount for which reimbursement is being claimed is required. All itemized paid invoices/receipts clearly reflecting dates of service and submitted along with copies of canceled checks (or check numbers and certification of payment by the County) for payment reimbursement shall, under this Agreement be submitted in detail sufficient for a proper pre - audit and post -audit thereof. as required by the Department. This Agreement shall become effective upon execution by both parties and end on June 30, 1999, inclusive. The saltwater artificial fishing reef project described in Attachment A must be completed by the end date of this Agreement. In accordance with Section 287.058(2), Florida Statutes, for contractual services exceeding the amount provided in Section 287.017, Florida Statutes for Category Two, the County shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. Reimbursement of payment by the County for any pre -deployment dive survey services for this project as described in Attachment A performed prior to the execution of this Agreement shall be allowed. In the event the saltwater artificial fishing reef project is not complete by said date, the Department will have the right to cancel its obligations of any and all financial assistance granted for the said saltwater artificial fishing reef project. The Department and the County fully understand and agree that there shall be no reimbursement of funds by the Department for any obligation or expenditure after expiration of the Agreement. 6. The State of Florida's performance and obligation to pay under this Agreement, if the Agreement period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and certification of the saltwater artificial fishing reef project funds forwarded in the FCO Grants category. 7. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment upon receipt of a complete and accurate request for payment package; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected and approved. Invoice payment requirements do not start until a proper and correct invoice and other required supporting documentation have been received. Invoices which have to be returned to the County for correction(s) will result in a delay in payment. A Vendor Ombudsman has been established with the Florida Department of Banking and Finance who may be contacted if the County is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1- 800-848-3792. 8. la accordance with Section 215.422, Florida Statutes, the Department shall pay the County interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection and approval of the goods and services. Interest payments of Page 2 of 1) 40 40 less than $1 will not be enforced unless the County requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking at the telephone number provided above or at the Department's Contracts Section at 850/922-5942. 9. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the Department of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The Department shall have no liability except as specifically provided for in this Agreement. 10. The Department may terminate this Agreement at any time in the event of failure of the County to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide the County written notification of any performance failures and the County shall have ten (10) calendar days, from receipt of notification, to consult with the Department regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the Department may terminate this agreement by providing a minimum of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time and date of termination. Either the Department or the County may terminate this Agreement for convenience by written notice which clearly describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the addresses set forth in paragraph 1 I . 11. Any and all notices shall be delivered to the parties at the following addresses: Department: Mr. Jon Dodrill Environmental Administrator (Contract Manager) Department of Environmental Protection Office of Fisheries Management and Assistance Services Mail Station 240 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Coun : Mr. Jeff Tabor, Coastal Engineer (Contract Manager) Indian River County Coastal Engineering Division 1840 25h Street Vero Beach, Florida 32960 12. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the Department for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 13. The County shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to Page 3 of 9 40 40 such records for audit purposes during the term of this Agreement and for three (3) years following Agreement completion. In the event any work is subcontracted, the County shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 14. A governmental entity receiving funds from a grants and aids appropriation by a state agency shall: For contracts valued at $25,000 or less: In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the County shall provide to the Department a sworn statement, signed by the County's chief officer under penalty of perjury, confirming that the County has complied with the provisions of this Agreement. The Department reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the sworn statement, or audit as applicable, shall be sent to the Department's Contract Manager and to each of the following within thirteen (13) months after the completion of the County's fiscal year in which this Agreement was completed. -Audit Director Department of Environmental Protection 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 -Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee. Florida 32302 15. The Department's Contract Manager is Jon Dodrill, Environmental Administrator, telephone (850) 922-4340, FAX (850) 922-0463. The County's Contract Manager is Jeff Tabor, Coastal Engineer, telephone (561) 567-8000, extension 344, FAX (561) 778-9391. All matters shall be directed to the Contract Managers for appropriate action or disposition. 16. The County covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. phis Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. Page 4 of 9 Ob 18. No delav or failure to exercise any right, power, or remedv accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The County recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on goods or services purchased under the terms of this agreement. 20. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. 21. No person, on the grounds of race, creed, color. national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of the Agreement. 22. This Agreement is an exclusive agreement for services and may not be assigned in whole or part without the written approval of the Department. 23. The County shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Contract Manager. The County agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the County that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the County shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 24. To the extent required by law, the County will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his volunteers connected with the work of this project, and, in any case work is subcontracted, the County shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the County. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of workers engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his workers not otherwise protected. 25. The County warrants and represents that it possesses liability insurance, appropriate and allowable under Florida law, and that such insurance offers protection applicable to the County's officers, volunteers, servants, and agents while acting within the scope of their work with the County. 26. The purchase of non -expendable equipment costing $500 or more is not authorized under the terms of this Agreement. 27. In accordance with Section 216.347, Florida Statutes, the County is hereby prohibited from using funds provided by the Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the County Page A of 9 s FIs agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 28. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specification, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase in the County's cost or time shall require formal amendment to this Agreement. 29. The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of Section 274A(e) of the Immigration and Employment Act. If the subcontractor/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 31. The County shall comply with all applicable federal, state, and local rules and regulations in providing services to the Department under this Agreement. The County acknowledges that this requirement includes compliance with all applicable federal, state, and local health and safety rules and regulations. The County further agrees to include this provision in all subcontracts issued as a result of this Agreement. 32. If the County brings to the performance of this Agreement a pre-existing patent or copyright, the County shall retain all rights and entitlement to that pre-existing patent or copyright, unless this Agreement provides otherwise. 33. If any discovery or invention arises or is developed in the course of, or as a result of, work or services performed under this Agreement, or in any way connected herewith, the County shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or any other copyright table material are produced, the County shall notify the Department. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. All materials to which the Department is to have patent rights or copyrights shall be marked and dated by the County in such a manner as to preserve and protect the legal rights of the Department. 34. Prior to initiation of services under this Agreement, the County shall disclose, in writing, all intellectual properties relevant to the performance of this Agreement which the County knows. or should know, could give rise to a patent or copyright. The County shall retain all rights and entitlement to any pre-existing intellectual property which is so disclosed. Failure to disclose Page 6 of 9 rI 40 will indicate that no such property exists. The Department shall then. under Section 33 above, have the right to all patents and copyrights which arise as a result of performance under this Agreement. 35. The terms and conditions specified in Sections 32. 33, and 34 above shall also apply to any subcontract made under this Agreement. The County shall be responsible for informing the subcontractor of the provisions of these sections and obtaining disclosures. 36. The County agrees to follow all requirements of Section 287.057, Florida Statutes. for the procurement of commodities or contractual services under the Agreement. 37. The County shall include Attachment A of the Agreement verbatim in any bid description. All bid descriptions/project specifications must be approved in writing in advance by the Department's Contract Manager prior to soliciting written quotes from subcontractors. 38. The County shall submit bid descriptions/project specifications to the Department's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. 39. The County must send bid announcements to a minimum of five (5) contractors. Any request to use a sole source contractor must be justified in writing and approved by the Department's Contract Manager. 40. The County must send a summary of the vendor replies and recommended subcontractor to the Department's Contract Manager for written approval prior to awarding of any subcontracts. 41. The County shall include this entire Agreement, and all attachments, in all subcontracts issued as a result of this Agreement. Written contracts between the County and any vendors are required for any subcontracts exceeding $5,000 issued as part of this Agreement. 42. The County's Contract Manager must provide written or verbal notice of the proposed date(s) of artificial reef deployment to the Department's Contract Manager a minimum of five (5) days in advance of the deployment. 43. The presence of the County's Contract Manager or a designee who must be an employee of the Countv and who is in no fashion affiliated with the County's subcontractor is required to be on-site for each deployment of artificial reef materials. Photographic or video documentation of each deployment is required. Coordinates of die artificial reef location(s) must be taken with a Differential Global Positioning Svstem receiver, and not converted from coordinates supplied by LORAN -C receivers. The actual location of the newly constructed artificial reef must be verified by the County's Contract Manager or designee by physically observing the material on the ocean bottom with a fathometer after the deployment operations have been completed and recording the amount of vertical relief (in feet) created by the new artificial fishing reef. 44. No artificial reef materials other than those specified in Attachment A of this Agreement can be simultaneously transported on any vessel funded as a carrier under this Agreement unless the additional materials are part of another project funded by the Department. 45. The Department will not reimburse the Countv for artificial reef deployments outside of the Page 7 of 9 40 40 boundaries of the permitted reef site as described in the Army Corps of Engineers permit at the time of deployment. 46. Completed Materials Placement Reports (DEP-OFMAS form 34-403) must be submitted to the Department's Contract Manager within thirty (30) days after the deployment operations. 47. The County will provide all required close-out documentation to the Department within forty- five (45) days after the ending date of the Agreement. The County's Contract Manager shall certify, under penalties of pedurv, compliance with provisions of this Agreement through the submission of a Certification of Completion. and said certification shall be submitted with the close-out documentation. 48. A. In accordance with Executive Order 12549, Debarment and Suspension 43CFR 12, the County shall agree and certify that neither it, nor its principals, is voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the County shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction by any Federal department or agency; and, that the County shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the United States Department of Interior to the Department. B. Upon execution of this Agreement by the County, the County shall also complete, sign, and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment B. C. As required by paragraphs A and B above, the County shall include the language of this section, and Attachment B in all subcontracts or lower tier agreements executed to support the County's work under this Agreement. 49. It is understood and agreed that since this Agreement is funded pursuant to a grant agreement with the United States Fish and Wildlife Service (USFWS) that the Count will adhere to the provisions as applicable, as set forth in 43 CFR, Part 12 and Attachment C, (attached hereto and made a part hereof), excerpted and modified by the Department from 50 CFR Part 80. 50. The County agrees to recognize the role of USFWS Federal Aid in Sport Fish Restoration funding in any publicity related to this project. 51. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLAND Page 8 of 9 El 40 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, the day and vear last written below. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: 1\ (County authorized Signatory*) KG/11w',sr& AlAc-(f r. CfEI�/Pt4d U (Print Signatory's Name and Title) Date: �� /6 /I/ Indian River County Coastal Engineering Division (Contractor) 1840 25`s Street (Address) Vero Beach. Florida 32949 (City, State, and Zip Code) FEID No. 59-6000-674 Indian River County Remittance Address: 1840 25" Steet (Address) Vero Beach. Florida 32960 (City, State, and Zip Code) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Bv: Secretary or Designee .• f i_�fl,X DEP Contract Manager Approved as to form and legality: —� DEP Attorney *If someone other than the Chairman signs this Grant Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the COUNTY must accompany the Agreement. List of Attachments/exhibits included as part of this Agreement: i ' 1 `n,ovea [;nt Attachment A Scope of Services (3 Pagesl Attachmg nt B Certification regarding Debarment and Suspension.(Zliaecs' Th Attachment C Exccrpt from 5OCFR Part 80.(2 Pagys) i Page 9 of 9 1 • ATTACHMENT A SCOPE OF SERVICES INDIAN RIVER COUNTYREEF DEVELOPMENT PROJECT OFMAS-122 The Department has awarded funds under this Agreement to complete the following saltwater artificial fishing reef project activities, as proposed in the County's competitive application for funding: 1. Loading and transportation of no less than 1,000 tons of clean concrete railroad tics or other clean concrete material acceptable to the Department. Payment for procurement or transport of scrap steel including stainless steel tanks will not be reimbursed as part of this project. 2. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef sites. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured to allow for its safe transport during both inshore and offshore transits. 3.Deployment of reef material. During the deployment of the concrete reef material, at each site, the transport vessel must be effectively moored through double anchoring or held securely in place with minimal movement (+/-50 feet) to ensure accurate and concentrated placement of concrete material on the bottom. Due to the lack of complexity and relatively small size of individual concrete rail road ties, the material must be stacked or piled to provide habitat complexity yet also insuring a minimum of 50 feet of vertical clearance at each deployment site. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverablc and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall be equipped with a working, accurate Differential GPS unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the tug, barge, and the designated County observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. The final decision to proceed offshore will be with the County's subcontractor. However, the County and/or any onsite DEP personnel reserve the right to suspend off-loading operations if positioning and other deployment objectives are not being met. 4. Engineering services associated with the reef project. Up to $2,500 of the available project funding may be utilized for the following: a. Observation vessel rental, if a vessel is needed to serve as the County Project Manager's observation and buoy deployment platform (up to $600 per each nine hour day). The designated observation vessel must also be equipped with a Differential GPS unit, operating fathometer, and a VHF radio. b. Equipment purchase (buoys, lines, anchors, for temporary marking of reef sites in advance to assist the subcontractor; film and film development (up to $300). c. Post deployment dive assessment of reefs to map/provide videography of material, orientation and relief, and evaluation of any material breakage or damage (up to $700 for diving survey, videography; $1,000 for side scan sonar mapping, if available). DEP Contract Aercetncut No. OFMAS-122. Auachmem A. Pane 1 of 1 40 • 5. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. DEPLOYMENT LOCATION OF REEF UNITS 6. In accordance with the information submitted in the County's 1998-99 artificial reef competitive grant application, materials will be placed in up to four one mile square permit sites at the center locations of each site which are designated as follows: North Latitude West Longitude Depth Distance and Bearing from Sebastian Inlet Reef Site #1 270 55.401' 800 20.059' 55 feet 58.50, 7.2 nm. Reef Site #2. 270 55.507' 800 15.507' 66 feet 69.7°, 11.2 tin. Reef Site #3 270 54.299' 80° 13.276 71 feet 88°, 13.7 nm. Reef Site #4 270 55.103' 800 12.299' 73 feet 80°, 15.1 nm. REEF DEPLOYMENT OVERSIGHT. The County's Contract Manager shall oversee the temporary marking of each patch reef deployment location in advance of reef unit deployment in order to assist the subcontractor in the proper placement of reef units. The markers shall be colored buoys no less than 12 inches in diameter and sufficiently anchored so that they will not drift off the designated deployment sites prior to deployment. The Department will not pay for materials placed outside the permit areas as described at the time of deployment. 9. The County's Contract Manager or County employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the Differential GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs 10. Both the County and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart, and the proposed patch reef coordinates. The County observer shall also be in possession of a copy of the permit for the areas where the deployments are taking place. 11. The County agrees to allow the Department to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 12. Upon initiation of the construction of these reef units by the County's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. PAYMENT SCHEDULE DEP Contract Agreement No. OFMAS-122. Attachment A. Page 2 of 3 A 40 13. The COUNTY shall be reimbursed by the Department in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submittal of all required project close out documentation. PERFORMANCE 14. Failure to complete the above described saltwater artificial fishing reef project by the ending date of the Agreement, failure to maintain regular communications with the Department Contract Manager on project issues, and/or noncompliance with one or more conditions of this Agreement will adversely affect the ranking of the County's grant application for 1999-2000 fiscal year artificial reef funding. REST OF PAGE INTENTIONALLY LEFT BLANK 'i1:1'! i. i. ...-rctaicnt 'w, UFMAS•1''. ',;t.t,hutea A i';n' 0 C:: ATTACHMENT B CERTIFICATION REGARDING DEBARMENTS. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors under DEP GRANT AGREEMENT: OFMAS-122 I . The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. State or local) transaction or contract under a public transaction, violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2. (a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. i Dated this __&_day of rr t✓ I9�• By _ Authorized ignatme/Contractor i«tirtirt rif R /,//9 ­,A11 -Z; c> 1C141&,4I A4J Typed Name/Title inc an R ver County f Ar.croven I )ate i ACministrat,o:i _ I Contractor's Firm/Name Legal I -- �— Street Address Deoartmoni Division Building, Suite Number City/State/Zip Code Area Coderrelephone Number DEP FORM It -043 Rev(05/95) DEP Grant Agreement No. 0FMAS-122, Attachment B, Pat!r 1 fit 2 G INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS I. By signing and submitting this form, the certifying party is providing the certification set out below. 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification. in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying parry shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible. or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause tided "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible. or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to. check the Non procurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. Tile knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transaction authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM I 1-043 Rev(05195) ul— dw ATTACHMENT C Based on and excerpted from - 50 CFR, Part 80* (Code of Federal Regulations) *As modified by the Department (DEP) ACQUISITION OF REAL PROPERTY Pursuant to the provisions of 50 CFR Part 80, (Code of Federal Regulation) real properq, acquired or constructed with Federal Aid funds must continue to serve the purpose for which acquired or constructed. In the event that such property is no longer needed or useful for its original purpose, the property shall be used or disposed of as provided by Attachment N of OMB Circular A-102 and OMB Circular A -I 10, as applicable. ALLOWABLE COSTS All costs shall be supported by source documents or other records as necessary to substantiate the application of funds. Such documentation and records are subject to review by the Secretary of the Interior/and or the DEP or its authorized representatives to determine the allowability of costs. AUDITS The Contractor is required to conduct an audit at least every two years in accordance with the provisions of Attachment P of OMB Circular A-102 and OMB Circular A -I 10, as applicable. Failure to conduct audits as required may result in withholding of grant payments or such other sanctions as the Secretary may deem appropriate. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). ACCESS TO RECORDS The Contractor shall maintain current and complete financial, property and procurement records in accordance with requirements contained in the Federal Aid Manual and OMB Circular A-102 and OMB Circular A-110, as applicable. The DEP, State of Florida, or any other authorized agency(ies) or any of their authorized representatives shall have access to all such books, records, documents and other evidence for tite purpose of inspection, audit and copying during normal business hours. The Contractor will provide facilities for such access and inspection. (a) Financial, supporting documents, and all other records pertinent to a project shall be retained for a period of three years after submission of the final expenditure report on the project. If any litigation, claim, or audit was started before the expiration of the three-year period, the records shall be retained until the resolution is completed. Records for non -expendable property shall be retained for a period of three years following final disposition of the property. DEP Contract No. OFMAS-122 Attachment C Page i of 2 40 EJ (b) Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph A of this clause shall have access to records at any reasonable time for as long as the records are maintained. (c) The Secretary of the Interior and the Comptroller General of the United States. or any of their duly authorized representatives, and/or the DEP or its authorized representatives shall have access to any pertinent books, documents, papers and records of the Contractor. ASSURANCES It is mutually agreed that the parties shall comply with all applicable Federal Laws, regulations and requirements as they relate to the application, acceptance and use of the Federal funds under the Federal Aid Acts, to the extent permitted under Florida Law. The Secretary of the Interior shall have the right to review or inspect the project for compliance at any time. Upon determination of noncompliance, the Secretary of the Interior may terminate or suspend those projects in noncompliance, or may declare the State ineligible for further participation in program benefits until compliance is achieved. PAYMENTS Projects proposals must include a complete schedule of payments to complete the project. No costs for interest of financing shall be claimed for reimbursement. SYMBOLS As a recipient of Federal Aid Funds as described in 50 CFR, Part 80.2, the Contractor is authorized to display the appropriate symbol(s) on areas such as wildlife management areas and fishing access facilities, acquired, developed, operated or maintained by these grants, or on printed material or other visual representations relating to project accomplishments. The Contractor, as user of the symbol(s) shall indemnify and defend the United State and hold it harmless from any claims, suits, losses and damages arising out of any allegedly unauthorized use of any patent, process, idea. method or device by the user in connection with its use of the symbol(s), or any other alleged action of the user and also from any claims, suits, losses, and damages arising out to alleged defects in the articles or services with which the symbol(s) is associated to the extent permitted under Florida Law. The symbols as depicted in 50 CFR, Part 80, may not be used in any other manner except as authorized by the Director. U.S. Fish and Wildlife Service. Unauthorized use of the symbol(s) will constitute a violation of section 701 of Title 18 of the United States Code and subject the violator to possible fines and imprisonment as set forth therein. REMAINDER OF PACE INTENTIONALLY LEFT BLANK DEP Grant Agreement OFMAS-122, Attachment C, Page 2 of 2