HomeMy WebLinkAbout2000-00740
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FWCC GRANT NO.
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
DIVISION OF MARINE FISHERIES
FLORIDA ARTIFICIAL REEF PROGRAM
GRANT AGREEMENT
'1111S A6RFE*MliNT is entered into between the FLORIDA FISH AND WILDt.IFF, C ONSU.RVATiON
COMMISSION, Division of Marine Fisheries, whose address is 620 South Meridian Street, Bryant
Huiiding, Tallahassee, Florida 32399.16W (hereinafter referred to as the "Commission') ami the
INDIAN RIVIiR COUNTY Rr)ARi) 01: uolmlY COMMISSIONERS, whose address is 1840 25111
Street, VCro ficach, Florida 329141 (hereinafter referred to as the "County").
Whereas, the Cornnit r,lon h:i, rcecrvcd fiends from the Manne Revimees Conservation Trust
Fund from revenues generated by the wale of saltwater licenses in support of the c'ommission's marine
artificial rcef planning, assessment and development in Florida, and
Whcrcas, Section 370.25, Florida Statutes, created an artificial reef program wuhur the
Corriniksuin to, in part, provide grant•, anis technical assistance to eligible local coastal governments and
nonprofit corporations for dcvcloptng, rwniitoring, or evaluating saltwater artificial reefs: and
Whcica." ill,: County is L+ local coastal government and qualifies to receive anifivial reef );rant
funding in accoid:uice with Scction 371).25(4). F.S., and
Whereas, ('haptcr G2R-9, Flienda Adrnuu ,trihvc Code, estab5shes Writs for ilii administration of
this grant program; and
Whereas, the County agree-, to licit-orm the scrvice4 described herein. or h-rcinaftcr authorized
upon the Tanis and condituurs stated; and
'I herefore, in consideration of file nuolual benefits it, ix• derived heretioni, the Comnw,sion and
the County do hereby agree as hollows:
1. The Commission docs hereby authorize the County to lWifiorm the saltwater artificial reef ptolcct
I as defined herein and the County does hereby agree it) perform such services upon the terms and
conditions set forth in this Agreement and all attachments and exhibits named herein which are attached
hereto and incorporated by reference.
2. The County shall perform the services in a proper and satisfactory manner as determined by the
Commission. Anv and all equipment, products, or materials necessary to perform this Agreement shall
be supplied by the County or its subcontractor, unless otherwise specified herein.
3. As consideration for the saltwater artificial reef project as described in Attachment A (Scope of
Services), completed by the County under the terms of this Agreement, the Commission shall pay the
County a sum not to exceed $10,000 on a cost reimbursement basis. All single request for payment and
disbursement of funds shall be made in strict accuidaoce with provieie::s of Atiachnivni A and Chapter
62R-9, F.A.C. The County will provide all required close-out documentation to the Commission's
Project Manager within forty-five (45) days after the ending date of the Agreement. '['he County's
Project Manager shall certify, under penalties of perjury compliance with provisions of this Agreement,
through the submission of a Certification of Completion, and said cernncauun siiau of 5u,n0ou..v ..,,,�
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the close-out documentation. An itemized listing by category of all expenditures claimed along with
supporting documentation for each amount is required. All itemized paid invoices/receipts clearly
reflecting date(s) of service and submitted along with copies of canceled checks (or check numbers and
certification of payment by the County) for reimbursement shall, under this Agreement, be submitted in
detail sufficient for a proper pre -audit and post -audit thereof, as required by the Commission.
4. This Agreement shall become effective upon execution by both parties and end on June 30•
20( 1, inclusive. The saltwater artificial reef project describcd in Attachment A must be completed by
the expiration date of this Agreement. In accordance with Section 287.058(2), F.S_, for contractual
services exceeding the amount provided in Section 287.017, F.S. for Category Iwo, the County shall not
be eligible for reimbursement for service~ rendered prior to the execution date of this Agreement. In the
event the saltwater artificial reef" project is not complete by the expiration date of the Agreement, the
Commission will have the right to cancel its obligations of any and all financial assistance granted for the
said saltwater artificial reef project. 'the Commv .ion and the County fully understand and agree that
there shall be no reimbursement of funds by the t'orrimisston for any obligation or expenditure after the
expiration date of this Agreement.
S. 'Ihe 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
ccrtificalion of tlic saltwater artificial reef project fund, forwarded in the FCO Grants category.
6, Pursuant to Section 215,422. F.S., the C'ommission's Project Manager shall have five (5)
working days, unless otherwise specified herein, to inspect and approve a request for payment upon
receipt of a cornpletc and accurate request fin payment pAckaj;c. the Commission must submit a request
for payment to the Hot Ida I k•partmcnt of Banking and Finance within twenty (20) days, the Department
of Banking and Finance is given ten (10) day-, it) issue a warrant. Days are calculated from the latter date
the invoice is received or service,, received, inspected and approved. Payment requirements do not start
until a complete and correct request for payment and other required supporting documentation have been
received. Requests for payment packages which have to be returned to the County for corrcction(s) will
result in a delay of payment. A Vendor Ombudsman has been established with the Florida Department
of Banking and Finance who may he contacted it' the County is experiencing problem, in obtaining
timely payment(s) from a State of l-lorida agency. The Vendor Ombudsman may be contacted at (800)
848-3792.
7. In accordance with Section 215.422, FS., the Commission shall pay the County interest at a rate
as established by Section 55,03(1), F.S., 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 less than $1 will not be enforced unless the County requests
payment. The interest rate established pursuant to Section 55.03(1), F.S., by Comptroller's
Memorandum No. I I (1998-99) dated December 3, 1998, has been set at 10.0% per annum or .02740%
per day. The revised interest rate for each calendar year beyond 1999 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 in Paragraph 6.
8. 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
Commission of its sovereign immunity or the provisions of Section 768.28, F.S. The Commission shall
have no liability except as specifically provided for in this Agreement.
9. The Commission 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 Commission shall provide
the County written notification of any performance failures and the County shall have ten (10) calendar
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days, from receipt of notification, to consult with the Commission regarding the reason(s) for
termination. If the parties cannot reach an agreement on the corrective measures to he taken and the
schedule for corrective action, the Commission may terminate this agreement by providing a minimum
i of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time
and date of termination. Either the Commission or the County may terminate this Agreement for
convenience by providing a minimum of ten (10) days written notice which clearly describes the basis
fir termination. Notice shall be sufficient if delivered personally or by certified mail to the Project
Managers at the addresses set forth in paragraph 10.
10. Any and all notices shall be delivered to the Project tlanagers at the follots ing addresses:
Commission: 'l -homers Maher, Environmental Specialist III
Division of Marine Fisheries, Bureau of Marinc 1•tshrnc, Management
2590 Executive (-'enter (.bele Fast. Berkeley Building
Tallahassee, Florida 32301
Mehcr I (u_ t..atatc.fl us
(850)488-6058
(.850) 488-7152 FAX
County: Jeft Taber, Coastal I nginccr
Indian River County
1840 25th Street
Vero Beach, Florida 329(0)
(561) 567-8000, c.xt. 144
(561) 770-540.1 FAX
11. Pursuant to Section 216.2515. F.S., all record, in conjunction with this Agr:emcnt 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 Corrunmion for refusal by the County to allow public
access to all documents, papers, letters, or othet material subject to the provisions of ('hapter 119, F.S.,
and made or received by the county in conjunction with this Agreement.
12. 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 Commission, the State, or their authormcd mpresenlitives shall have access to 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.
13. In accordance with Section 216.349, F.S. (financial review of grants and aids appropriations), the
County shall provide to the Commission a sworn statement (Certificate of Completion), signed by the
County's Project Manager under penalty of perjury, confirming that the County has complied with the
provisions of this Agreement. The Commission reserves the right to recover costs for failure to cumply
with Section 216.349, F.S.
14. 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.
15. This 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
a -s 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 inuffuciivc to tltc :;xtcnt of
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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 Iron
County, Florida.
16. No delay or failure to exercise any right, power, or remedy accruing to either party upon breach
or default by either party under this Agreement, shall impair any such right, power, or remedy of either
party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
17. 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.
18. 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 panics hereto.
19, No person, on the pniuncls of race, erne.+f, color. national origin, age, sex, or disability, shall be
excluded from participation iii; be domed the proceeds of benefits of or be otherwise subjected to
discrimination in fwrformancc of the; Agnccrncnt.
20, The County shall not subcontract, assign, or transfer any work under this Agreement without the
prior wrawn consent of the Commission's Project Stanger. 'I he County agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the commrsston and agrees
to he responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the county that the commission shall not be liable to any su!contractof for any expense, or liabilities
incurred under the subcontract and that the County hail be lely liable to the suhcc>ntractor lot all
expenses and liabilities incurred under the subcontract.
21. To the extent required by law, the County will be self-insured against, or will secure and
maintain durii.g the life of this Agicemeni, Workers' Uompcwation Insurance for all of its 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 lalter's employees
unless such employees are covered by the protection afforded by the County. Such self-insurance
program or insurance coverage shall comp!y Billy with the Florida Worker,e'ompensation 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 Commission, for the protection of his workers not otherwise protected.
22, 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.
23. in accordance with Section 216.347, F.S., the County is hereby prohibited from using funds
provided by this 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 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.
24. The Commission 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
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as evidenced in writing. Any change order which causes an increase in the dollar value or expiration
date shall require formal amendment to this Agreement. Formal amendments to this Agreement require
a written request from one of the Project Managers at least forty-five (45) days prior to the ending date of
this Agreement,
25. The employment of unau,horized 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.
26, A person or affiliate who has been placed on the convicted vendor hit 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 F.S., for Category Two fiyr a period of
thirty-six (36) months from the date of 'wing placed on the convicted vendor hast.
27. The County shall comply with all applicable tederal, state, and local rules and regulations in
providing services to the Commission under this Agreement, including the general and special conditions
specified in any permits issued by the II.S. Department of the Army, Corps of Engineers or the
Department of Environmental Protection. 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 alt subcontracts isaucd as a result of this Agreement.
28, The County agrees to follow all requirements of S<`chon 287.057, F.S. for the procurement of
commodities or contractual services under this Agreement.
29. 'I lic County shall include Attachment A v47hutirrr in the project bid specifications. All protect bid
specifications must be approved in writing in advance by the Commi—ion's Protect Manager prior to
public advertisement or distribution.
30. 'Me County shall submit project bid specifications to the Commission's Project Manager for
approval within ninety (90) days following the execution date of this Agreement.
31. The County must send project hid specifications to a minimum of five (5) contractors, and
receive a minimum of two (2) written quotes. Any request to use a sole .source vendor must he requested
and justified in writing and approved by the Commission.
32. A summary of the vendor replies and recommended subcontractor must be sent by the County to
the Commission's Project Manager for written approval prior to awarding of any subcontracts.
33. 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 subcontractors are mandatory
and required for any subcontracts exceeding $5,000 issued as part of this Agreement.
34. The County agrees to acknowledge the role of Florida saltwater fishing license funding in any
publicity related to this project.
35. 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.
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IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, the day
and year last written below.
INDIAN RIVER COUNTY BOARD OF COUNTY STATE OF FLORIDA FISH AND WILDLIFE
COMMISSIONERS CONSERVATION COMMISSION
By:ct9a.t- 8
(County authorized Signatory*)
Fran H.._.Ada2l CtWirman
(Print Signatory's Name and '1 a1c)
Date: January 4, 2000
Indian River
.�---- --- (County(
1840 25th Street
�Vr:ro BeiicIiL, Ft.. _ 32961)-- _
(City, Stmc, and Zip Code)
___ ,4-bnnn&2A _
(Federal Employer Identification Number)
Indisn Rivtr County Board of County Commvo ioncrs
Reimbursement Check Remittance Addres,;:
1840 25th Street
(Address)
(City, State, and 'Lip Code)
By
Director. Division of Marino I•ihnrie
or Designee
Date: / ---
*If someone other than the Chairman signs this 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 included as part of this Agreement: _
Indian River County Approved Date
Attachment A Scope of Services (2 Pages) Administration
Budget
Legal j
Risk Management
Department 2/
Division
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ATTACHMENT A
(Scope of Services)
The Commission has Pwarded funds under this Grant Agreement to complete the following project:
Completion of side scan sonar surveys with a minimum of 5tr/0 swath overlap on four (4) separate
offshore artificial reef permit sites ("fable 1). Each site is one square nautical mile in size.
DESCRIPTION
CENTER OF SITE #1
NE CORNER OF SITE #1
SE CORNER OF SITE flu
SW CORNER OF SITE #i
NW CORNER OF SITE #1
CENTER OF SITE #2
NE CORNER OF SITE #2
SE CORNER OF SITE #2
SW CORNER OF SITE #2
NW CORNER OF SITE 92
CENTER OF SITE 93
NE CORNER OF SITE 03
SE CORNER OF SITE #3
SW CORNER OF SITE #3
NW CORNER OF SITE #3
CENTER OF SITE #4
NE CORNER OF SITE #4
SE CORNER OF SITE. #4
SW CORNER OF SITE #4
NW CORNER OF SITE #4
Side Sean Sonar Survey Sites ;n Indian River County.
'The survey will be completed using a digital sidescan sonar system at the frequency selected by
the County's vendor. The towfish must be capable of measuring its altitude above the seafloor so
that accurate calculations of the vertical relief of observed objects can be undertaken.
The project deliverables shall include:
Digital data files of all swaths including a software viewing program which allows
calculation of vertical relief and latitude and longitude coordinates.
Complete mosaics of each of the four sites in 8.5 by l I inch format.
A summary report describing the equipment utilized, sea conditions and other pertinent
aspects of the survey.
2. Funds from this Agreement may not be expended on the following items: salaries, training, parts
replacement or repairs to rented or contractor owned equipment.
3. The County agrees to allow the Commission to conduct inspections of the sites and data during all
phases of the project.
4. Written progress reports must he sent to the Commission's Project Manager at sixty (60) days intervals
following, the exccution date of this Arreenient.
5, Payment of this grant agreement will be prorated if all four sues are not completely scanned as
described in Section I(A) above.
6, The County atrrccti to acknowledge the role of the Marine Resources Conwrvation 'forst bund and
saltwater fishing license revenue- in this artificial reef project in their efforts to pubhci:e and promote the
project.
7. failure to complete the above described saltwater artificial fi-ihing reit project by the ending date of
this Agreement will advirwly affect the evaluation of the County's grant application during the kih,equctit
fiscal year.
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