HomeMy WebLinkAbout2000-008FWCC GRANT NO. AVs' L
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
DIVISION OF MARINE: FISHERIES
FLORIDA ARTIFICIAL, REEF PROGRAM
GRANT AGREE NIF:NT
'CHIS AORI;'EMENT is cntcro.l into hctwCcn rhe FLORID:\ FISH 1\NI) \VIL.D1.111F.
CONSERVA] ION COMMISSION. I)ivr,ton of MannC Fr.hcric,. %\h ... c: adds:„ t, 6211 South Mctidian
Street, Bryant litidding. Tallahassee, Florida 320P),I(r<)4I (hereinafter referred to a, the "('nmmr„ton")
and the INDIAN RIVER C'OtfNTY BOARD OF (OI IN I l' COMMISSIONERS. %%how addrC,s is 1841)
25111 Street, Vero, Brach, Florida 3290) limon aflct r0ci-rcd to as the --Counts"1
whco.as, the Commission as a pasri-through entity has reectscd tend, under a 19114-2000 grant,
F(1 o, front the U.S. Fish and Wildlife Servtee (USFWS) Federal Aid in Si-ri I i,h Rc,toratron Program
(('I DA No, 15.005) in support of the ('ommtssron-s marine artificial reel pt,immni. as,c%sment and
dccrlopnicnt in Honda (F42 -Segment 14); and
Whcreas, Section 3711.23, Hoittli Stawtc,, crc..acd in ariarcial reef program within the
l 'oounisston to, in port, provide grants and technical a„i,tam:e 1,, eligible local coastal governments and
oonprolit corporations firr developing. monitoring. or evaluating .iliwater artificial reefs, and
i,,,Whcreas, the ('minty is a local coastal government and V-111tic, Io r"”' artttiCtal reef grant
Iuwhif{,an accordance a:tth ScOwn 17u.25(4), F.S.: and
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: %Vleicati, Uhaptcr 62R-'1, I Innrl.r Adrnint,tratt:c Code, establishes m1c, firr the administration of
!Ills glint proy,tanr and
\Vllcrras, IhC County artrcc, to p,:rforrn the serntcc, described herein, of hcrclnahcr authunred
upoA the tants and C011d1110ns staled; and
'I herclore, 111 Consideration of the inulual howl-11"to tic denvCd hcictiom. 1110 Conuniesion and the
County do hereby agree as follows:
1. The Commission does hereby awhonzc the County to perform the saltwater artificial reef project
as defined herein and the County does hereby agree to perfoini such scrsices upon the lernis and
conditions set forth in this Agreement and all attachments and exhibits nanied 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. Any 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 exceed5$ 0,000 on a cost reimbursement basis. All single request for payment and
disbursement of funds shall be made in strict accordance with provisions of Attachment A and Chapter
6211-9, 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. 'rhe County's Project
Manager shall certify, under penalties of perjury compliance with provisions of this Agreement, through
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the submission of a Certification of Completion, and said certification shall be submitted with 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 for 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. Reimbursement of travel
expenses is not authorized under this Agreement.
4, This Agreement shall bccomc cffccMi: idem execution by both parties and end on .1unr W 2000,
inelu>ive. "Che saltwater artificial reef project dc,cnhcd in Attaehrrent A must he coinlItIOM by tin•
expiration date of this Agreement. In accordance with Seaton 287.05K(>). F.S., for cont"Ltt"I screlccs
exceeding the amount provided in Section 287.017, F.S. for Category Two, the ('ounty shall not he clr(!ible
for reimbursement for scrs-iccs rendered prior to the execution date of this Agrcrmcni. In the cccnt the
saltwater artificial reel project is not complete by the expiration date of the Agreement, tht• commission
will have the right to cancel its obligations of any and all financial assistance granted for the .Std saltwater
artificial reef project. 'The Commissian and the ('ount,; full, understand and agree that there ,hall be no
rcimhursrnu rtt of funds by the Commission torr any rrlinga0on tri cxpcnditi.irc after the cxpirauan date at
Ihv; Apic•cmcnt.
5, '1 he Statc of Flurida's performance and obligation to lmy under this Agreement, if the Agreement
1wiiod c :tends into a new final year, is contingent upon an annual appropriation by the legislature and
cer1ilicanon of the saltwater artificial reef pngcct funds forwarded in th,. F('() Chants category.
6, por,,uant to Section 215.422. F.S., the ( ommission's Project Manager shall hitt: fisc (5) working
day., unless otherwise specified herein. to in%pret and approve a request for payment upon receipt cif a
complete and accurate request for payment package: the Commission must submit a request for payment to
the Florida Dcliartiitciu of Yanking and Finance within twenty (20) days: the Department of Banking and
Finance is given ten (10) days to issue a t+errant, bays are calculated from the latter date the invoice is
rcccivcd or services rrcei c•d, rri,Iwctcd and approved. Payment requirements do not start until a complete
and correct request for payment and other required supporting documentation have been received.
Requests torr payment packages which have to be returned to the ('ounty tier corrcctton(s) will result in a
delay of payment. A Vendor Oinhudsman has been established with the Florida Ircpartnicni o1 [tanking
and Finance who may be contacted if the ('aunty i, experiencing problems tit obtaining timely paymcnt(s)
from a State of Florida agency. 'I he Vendor (hnhudsman may be contacted at I -K00 84K-3742.
7. ',',in accordance with Section 215,422, F.S., the Commission shall pay the County interest at a rate
its estabdshed by Section 55.03(1), F.S., on the unpaid balance, if a warrant in payment of an invoice is not
issueda8ithin forty (40) days after receipt of a correct invoice and receipt, inspection and approval of the
goods qd services. Interest payments of less than SI 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. 1 CtI998-99) dated December 3, 1998, has been set at 10.0% per annum or .02740% per day. The
ievise(Hiterest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect
can bi obtained by calling the Department of Banking at the telephone number provided above in
�Aragraph 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 days,
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from receipt of notification, to consult with the Commission regarding the reasons) for termination. If the
parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective
action, the Commission 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 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 for 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 u, the Project Managers at the following addre,ses!
(_'Urrlmission. Jon W. i odrill, Environmental Administrator
Division of Marine Fishenci
Bureau of Marine Fishrnr, Management
Berkeley Building
2590 Executive ('enter Uncle 1�asl
Tallahassee, F lorida 3 2 3f t I
Dodrill{wgfc.star. fl. it s
(tiSt))488fi()Ss+ f'h��n�:
(�;SU) 4tt8•tNr,3 FAX
County: icti Iahor,Coastal Vnpincrr
Indian River County
Coastal Engineenne (h%r.wri
I X40 25' Street
Vcm [teach. Flortd:r 32901
(561) 507.8(99) 1.1.1..144 Phone
(561)770-5403 IAS
H. Pursuant G> Section 216.2W, l S, F.S., all records in con)unction with this Agreement shall he public
records and shall be treated in the same manner as other public records under general law. Itits Agreement
may be unilaterally canceled by the Commis,lon for refusal by the County to allow public accc- to all
documents, papers, letters, or other material subject to the provi,ums of ('haptcr 119, F.S., and made or
received by the County in conjunction with this Agreement.
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12. a the County shall maintain hooks, records, and documents directly pertinent to perfortmancr under
thls A*cment in accordance with generally accepted accounting principles consistently applied. the
C)ommlllion, the State, or their authorized representatives shall have access to such records fur audit
purposA 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 4eyess to such records for audit purposes.
13. �3'he County agrees to comply with the following requirements of the Federal Single Audit Act:
In the event that the County expends $300,000 or more in Federal awards in its fiscal year, the County
must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. in
determining the Federal awards expended in its fiscal year, the County shall consider all sources of Federal
awards, including Federal funds received from the Florida Fish and Wildlife Conservation Commission.
The determination of amounts of Federal awards expended should be in accotdanec with the guidelines
established by OMB Circular A-133, as revised. The County is responsible for the procurement of an
independent auditor to conduct the audit required by this part. The County is required to follow the auditor
procurement standards specified in Section .305, OMB Circular A-133, as revised. An audit of the County
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�V conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,
will meet the requirements of this pan.
In connection with the audit requirements addressed in the preceding paragraph, the County shall fulfill the
requirements relative to auditee responsibilities, financial statements, audit findings follow-up, and report
submission as provided in Sections .300, .310..315, and .320 of OMB Circular A-133, as revised. This
includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal
awards, a summary schedule of prior audit findings. and a corrective action plan.
If not otherwise disclosed as required by Section .310 (bX2) of O%1B circular A-133, as revised, the
schedule of expenditures of Federal awards shall identify cxpcndilurc, by contract numhcr for each
contract with the Commission in effect during the audit period.
If' the County expends less than $300,W$) in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as rev►ud is not required. In the event that the
County expends Icss than $300,000 in Federal award, in it, fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. the crest of the aurin nru,t
be paid from non -Federal and nem -State funds (t c., the cu,t ut such an audit must tic paid tiom County
funds obtained from other than f•ederal/Statc cnntre,).
C'opics of audit rep.iris for audit, conducted in accordance with OMB Circular A -t t ,hall b
submitted, when required by Seaton .)20 (d), 0%10 Circular A-133, as revi,ol, hti or :m Fnbalf of the
County directly to each of the following:
The Comrnisshm's Project Managcr at the addre„ in paragraph Iii, 'ind the ('irrnnu.,iun', Audit
i)irectur at itis following addre,s:
Audit Director
Florida Fish and Wildlife l lm;rrsatiun C-nirn ,-run
Bryant Huilduog
620 South Meridian Sirccl
Tallahaswc, FI. 32199-1600
'fhc Federal Audit Clearinghouse designated in OMB ('ocular A-133, a, revised (thc number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, a, revised, should be
submitted to the Federal Audit Clearinghouse), at the tollowing address:
in
Federal Audit Clearinghouse
—' Bureau of the Census
1201 East 10th Street
�.� Jeffersonville, IN 47132
;Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (1), OMB
"'Circular A-133, as revised.
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The State of Florida Auditor General at the following address:
Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
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Any reports, management letters, attestations, or other information required to he submitted to the
Commission pursuant to this Agreement shall he submitted within 180 days of the County's fiscal year end
(or as otherwise allowed by Florida Statutes) or within 30 days of the County's receipt of the audit report,
whichever occurs first. Other submissions should be timely in accordance with OMB Circular A-133
and/or Florida Statutes, as applicable.
When submitting audit reports to the Commission for audits done in accordance with OMB Circular A-
133, the County should indicate the date that it received the audit report in correspondence accompanying
the audit report.
The County shall ensure that audit working paper are made availahle to the Commis,ion, or its designee,
upon request for a period of three (3) year from the date the audit report is i%suevl. unless extended in
writing by the Commission.
In addition to reviews of audit% conducted in accordance with OMB l ircular A-13 3. as revised. nxuntoring
procedures may include, but not he limited to, ort -site visits by (e11--sion staff, limited scope audits as
defined by C)MB Circular A-133, a% revised. and or other prireedure,. fly entering into thts agreement. the
recipient agrees to comply and ctxiprratc with any Ymmitoring procedures.'prmessss descmed appropnatc by
the Commission, in the event the Commission determine that a [invited sc«pc audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the C'ommisswn to
the recipient regarding such audit.
14. The County covenants that it presently has no interest and shall not acquire any interest that would
conflict in any manner or degree with the pcTfiarnance of smiccs required.
1.5, This Agreement has been delivered in the State of Honda and shall be construed in accordance
with the laws of Florida. Wherever posstblc, each provision of this Agreement shall be mterprctcd in such
manner as to be eff'active and valid under applicable law, but tf any provision of this Agreement shalt be
prohibited w invalid under applicable law, such provision shall be ineffccti%c to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining pro%isions
of this Agreement. Any action hereon or in connection herewith shall be brought to Lcon County, Florida.
16. No delay or failure to cxrreisc any right, {wwcr. 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 cither party;
nor shall such delay or failure be construed as a waiver of any such breach or default, or arty similar breach
or def%Qit thereafter.
17. c he County recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay
any taxis on goods or services purchased under the terms of this agreement.
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18. "-This Agreement is neither intended nor shall it be construed to grant any rights, privilege,, or
interesGin any third party without the mutual written agreement of the parties hereto.
i 19.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 this Agreement.
20. The County shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the c'ommission's Project Manager. 'rhe County agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Commission 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 Commission 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
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liabilities incurred under the subcontract.
21. To the extent required by law, the County will he self-insured against, or will secure and maintain
during the life of this Agreement, Workers' Compensation Insurance for all of its volunteers connected
with the work of this project, and, in any cage work is subcontracted, the County shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees unless
such employees arc covered by the protection afforded by the County. Such self-insurance program or
insurance covera-c shall comply fully with the Florida Worker,' Compensation law. In case any class of
workers engaged in hazardous work under this Agreement is not protected under Workers' Conipcti' ation
statutes, the County shall provide, and cause each subcontractor to provide, adequate in,urancc sati,factary
to the Commission, for the protedion of his workers not otherwise protected.
22. '1 fie County warrants and represent, that it tx,,,esses liability insurance, appropriate and allowable
under Florida law, and that such insurance ofter, , protection applicable to the County', ofiiccr,:. volunteer,.
servants, and agent•, while: acting within the scope o► their work with the County.
23. '1 tic ( minty is hereby authorized to puueha c• a Ihttercrrtiaf Global Positioning System (1)(il'S)
navigational receiver and antenna eostmg up to SI imst. The County shall retain title to this equipment and
utilize it to provide coordinates of all artilicial reefs constructed by the county and center coordinates fix
all artiticial reef permitted sites held by the County. The purchase of any other non expendable equipment
costing $500 or rnote is not authorized under the teem of this Agreement.
24. In accordance -xith Sec1wri 210.347, f.S., the County is hereby prohibited from using fund,
provided by this At rccmcnt for the purpose of lobbying the Legistaturc, the judicial hr inch or a stale
agency. Pursuant to the Lobbying Disclosure Act of 1995, the County agrees to refrain front entcnng into
any subcontract, under this Agreement with any organiz:ittun described in Section 501(c)(4) of the Internal
)revenue Code of 1986, unless such organization warrant, that it docs not, and will not, engage in lobbying
activities prohihncd by the Act as a special condition of Qic subcontract.
25. the Commission may at any ttmc. by v,nnen order designated to he a change ruder, make any
change in the work within the general ,cope of this Agrccnwnt (e.g_ specification, nicthixl or manner of
perfnrniance, requirements, etc.). All change orders are subject to the mutual agreement of birth partici as
evidenced in writing, Any change order winch causes an mcrea,c in the dollar value or expitation date
shall require formal amendment to this Agreement. Formal amendments to this Agreement icquuc a
written request from one of the Project Manager, at least linty -five (45) Jays prior to the ending elate of
this Agreement.
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26, r -,The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of
Sect ion274A(c) of the Immigration and Employment Act. If the subcontractor/vendor knowingly employs
unauc4eri2ed aliens, such violation shall be cause for unilateral cancellation of this Agreement.
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27. �' A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public Entity crime may riot 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 for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list.
28. The County shall comply with all applicable federal, 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 U.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 all subcontracts issued as a result of this Agreement.
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29. 1 he County agrees to follow all requirements of Section 287.057, F.S. for the procurement of
commodities or contractual services under this Agreement.
30, The County shall include Attachment A verbatim in the project bid specifications. All project bid
specifications must be approved in writing in advance by the c'ommission's Project Manager prior to
public advertisement or distribution,
31. The Counly ,hall submit project bid specifications to the Commission's Project Manager for
approval within ninety (90) days following the execution date of this Agmemcnt.
32, The County must send project bid specifications to a minimum of five Of c-tilla,_tor,. and ccure
liirmal written bids. Any request to use a sole source vendor must be requested and fu.trticd in %%tiling and
approved by the Commission.
33, A ,umnwry of the vendor rtpht, and recommended,ubcontraetor must he sent by the County to
fire Coinmis! ion's 11ro gect Manager for is ntt%n approval prior to awarding of any suhcantract,.
34, 'Ihe ('Wanly ~hall include ihi, criure Agreement, and all attachment,, in all subcontracts issued as a
result of this Agrecnur w. Wntlen contracts fxtween the County and any subcontractors arc mandatory and
required for any suhcontract, exceeding 55 IK)f) issued as part of this Agreement.
35. 'Ihe County agree, to acknowledge the role of USF WS Federal Aid in Sport I r,h Rc•toranon
funding rn ally publicity, related to this project.
30. 'Ihe ('aunty is required to be in compliance with the following Fcdrral cinpinymrni gutdchocs
when employing individuals aith fund, obtained through ►his contract:
A. Title 42, United States codc Section 2000d (Seclion 601, Tale V1, Civil Right-; Act of 1964 a,.
amended);
13. Title 29, United States ('axle Section 794 (Section 50.1, Rehabilitation Act of 1973, as arncndcd);
C. 'fitic 20, United States ('ode Section loll (Section )01, title IX, Public Law 92-318, prohibiting
disci ninntion on the basis of sex );
U. Tit"2, United States Code (Section 6101 Title If of Public Law 94-135), prohibiting discrimination
on FM basis of age.
37. 'his Agreement represents the entire agreement of the parties. Any alterations, variaiions,
chang@s, modifications or waivers of provisions of this Agreement shall only be valid when they have been
xeduca to writing, duty signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
REST OF PACE INTENTIONALLY LEFT BLANK
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'700
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 STATE OF FLORIDA FISiI AND WILDLIFE
COUNTY COMMISSIONERS CONSERVATIO ' COA1M15'ION
By: - Iiy. -! ��Gt✓ - - - -
� .
(County authorized Signatory*) Imector. Di%nion of Manne I•t.henes
Fran B Adams. C1i�irmara / /
(Print Signatory's Narne and l rtic) /
hate: ;1anua1-Y_4._ 2000
Indian River
(t'oi.utty)
1840 'd`it_h :;fro—
(Addre!„)
_Veru Lir ach. E'1. S1`JG0
(city, State, and Zip Code)
59-6000674
(Federal Employer Identification Number)
� pproved a, to form and legality:
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c Commi+,um Attomc,
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Indiati$iver County Board of County Commissioners
Reir*rsement ('heck Remittance Address:
(Address)
Vero Beach, FL. 3290
(City, State, and Zip Code)
*If someone other than the Chairman situs this hgrq• •;;:cnt, a stattttinni or other document authorizing that
person to sign iitc Agreement on behalf of the County must accompany the Agreement.
List of Attachments included as part of this Agreement: Indian River County I Approved Date
Administration
9
Attachment A Scope of Services (3 Pases) Budget
G
t Risk Manag
8 0178 Department
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
similar fila and
6. Reef Materials will be placed in approximateiv four equal sued 500 ton piles of print
vertical relief in the following four designated comers of three one mile square permn site", ft 2. 03, and 04
Ah4,rlh Lummnh• Wc%/ 1.ungtmigh, h, f,th th%la rr,nd liwnr,i;
born S, h,nrnn, lnlrl
Reef Site b2 27° 55.441' go" I5 441 W, feet 1-1) 7 . 7 ' nn,
(NW Corner)
Reef Site b3 27' 54.733' K0, 13 71st 71 feat xx . I i 7 run
(NW Cotner)
Reef Site M4 27' 55.537• 90' 12 733' 71 feet xi I I fedi
(NW Corner)
Reef Site #4 27" 54.674' xtr' I 1 x6i 7, f,:,t xn'. I Inn,
(S[ ('omer)
REEF DEPLOYMENT OVERSIGHT The County -s ('ontract Manager ghail o,cr•.ac the tc,ol+,ran
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marking of each patch reef deployment location in ad%ancc of rcif unit &PI -went m order t„ .,sods( the
ym
subcontractor in thepe ro r P lacc�rricrut of reef units The markers %hall tx colored buoNs ruo less than 12
P
inches in diameter and sufficiently anchored so that thcro will not drift off ttuc &-mgrrated dcpl,nurant %rtes
prior to deployment The Department will not pay for materials Placed ortrtsuda the txrinrt arias as
described at the time of'deployment, lkcausc dcplo)ment centers are within 4W feet of the cormrs, secure
material delivery vessel anchoring is critical Precis; DGPS placement of markcr buo%s that oh, not %hil'l
position with time will also be important to insure the reefs rcmam wrthuo the parmrttcd areas
7. The County's Project Manager or County employee dcsignatf-A xs an oftic,al oh,ancr shrill remain on
site duthe entire deployment phase of the operation and confirm the Ditfcranuai 6PS coordusUcs of the
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individual placements as well as the maximum vertical relief of the constructed reefs
Is: l have on site current nautical charts of the deplo}ment area.
Hath{hc County and its subcontractor shal
!!with the7permittcd site indicated on the chart. and the proposcxd patch reef coondtrtatcs The Counth
`;obsery&shall also be in possession of a copy of the permit for the areas where the dcplo%incots are taking
place.:...
y. ThE County agrees to allow the Department to conduct on-site inspections of the saltwater artificial
f1Shin j-ieef project before, during, and after the deployment.
LIAIIILi`t'Y AND RESPONSWILI I'V FOR REEF MA'T'ERIALS
10. 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
Attachment A. Page 2 of 3
1 I. The County shall be reimbursed by the Commission in the firm 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 within forty-five (45) days (or earlier) after the
ending date of the Agreement.
PERFORMANCE
12. Materials Plaecnicnt Reports shall he mbrnittcd ssrthur z0 d.is; of field operation. coniplcuon The
materials placement reports shall reflect an accurate material tonnage for each turf .ii well a,+ i1w mmnlx<r
of concrete ties deployed at each site. with rcprescritatitc railroad tic dimensions pro%ukd
1.4. 'the County's Project Manger -•.lull certify, under Penalties of perlun, cornphaw:c %%ith pnnnn,ir: of
this Agrecment through the submiv:i,rai of a Ccrtificatnori of ('somplcti+an. and said c tufi..rh„n ,hall tom•
submitter( with the closeout documentation
14 Failure to complete the above described saltwater artificial fishing reef protect b% the ending date of
the Agrexincnt, failure to maintain regular conunumcaticm with the DLpartm.--nt Contract ".Manager on
protect issues, andlor noncompliance with one or more condatons of this Ager cmc-nt Hill adtierscly affix:i
the ranking of the Counts'-: {grant application for 2000•20+il fiscal .car artificial n t funding
REST OF PAGE INTE NTIONA1,1,Y 1.EFT BI ANK
Attachment A, Page 3 of 3