Loading...
HomeMy WebLinkAbout2007-181 FWC Grant No. FWC-06111 INDIAN RIVER COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION , whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600 , hereafter "COMMISSION" , and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS , whose address is 1840 25T" Street, Vero Beach , Florida 32960 hereafter "GRANTEE". NOW THEREFORE , the COMMISSION and the GRANTEE, for the considerations hereafter set forth , agree as follows: DUTIES OF THE GRANTEE 1 . Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule , or regulation , and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3 . This Agreement shall begin upon execution by both parties and end June 30, 2007, inclusive. All work described in Attachment A, Scope of Services, must be completed no later than June 30, 2007 . The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after June 30 , 2007 . COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall reimburse the GRANTEE on a cost reimbursement basis in an amount not to exceed $60,000 . PAYMENTS 5 . The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices , accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification ( FEID) Number. An original and two (2 ) copies of the invoice shall be submitted . The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services , and approved by the COMMISSION prior to the termination date of the Agreement. The GRANTEE shall not be eligible for reimbursement for services rendered after June 30, 2007 . A final invoice must be received by the COMMISSION no later than August 15 , 2007 to assure availability of funds for payment. 6 . No travel expenses are authorized . Page 1 of 8 7 . The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Auditing , Voucher Processing Handbook, Chapter 4 . , C . , 1 . (attached hereto and made part hereof as Attachment B) . Invoices submitted by the GRANTEE shall be for 100% of actual project costs. 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated , the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation , shall be submitted to : Keith Mille, Environmental Specialist III Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud , willful misconduct, or breach of this Agreement. 11 . Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination , by certified mail , return receipt requested , at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13 . Unless a change of address is given , any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Jonathan Gorham Keith Mille , Environmental Specialist III Indian River County FWC Division of Marine Fisheries Management 184025 1h Street 2590 Executive Center Circle East, Suite 203 Vero Beach , Florida 32960 Tallahassee, Florida 32301 ( 772 )226- 1568 850. 922 .4340 x207 jgorhamaircgov. com keith . millea-mvfwc. com AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition , or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification , make any change in the work within the general scope of this Agreement (e. g . specifications, schedules, method or manner of performance, requirements , etc. ) . However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing . Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. Page 2 of 8 RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative , or employee of the COMMISSION . 16. The GRANTEE 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. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION . INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted , the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE . Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes , the GRANTEE shall provide , and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION , for the protection of his employees not otherwise protected . Employers who have employees who are engaged in work in Florida must use Florida rates , rules , and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation . Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 19 . The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers , employees, servants and agents while acting within the scope of their employment with the GRANTEE . CANCELLATION UNDER CHAPTER 119 , FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE 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 GRANTEE in conjunction with this agreement. RECORD KEEPING REQUIREMENTS 21 . The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, in accordance with generally accepted accounting principals . The GRANTEE shall allow the COMMISSION , the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material . Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise . These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted , the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes . Page 3 of 8 LIABILITY 22 . 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 either party of its sovereign immunity or the provisions of Section 768. 28 , Florida Statutes. NON-DISCRIMINATION 23 . 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. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287. 134 , Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid , proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid , proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity . NON-ASSIGNMENT 25 . This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION . PERFORMANCE AND REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION . 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. 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 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 in connection herewith , in law or equity, shall be brought in Leon County , Florida . NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party . JURY TRIAL WAIVER 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. Page 4 of 8 DIVISION OF MARINE FISHERIES MANAGEMENT REQUIREMENTS 31 . The GRANTEE agrees to follow all requirements of Section 287 . 057 , Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25 , 000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25 , 000. 32 . The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS ) does not preclude the GRANTEE from the requirements of Paragraph 34 . 33 . The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications . All bid specifications must be approved , in writing , in advance by the COMMISSION 's Contract Manager, prior to public advertisement or distribution . 34 . The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety(90 ) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION 's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5, 000 shall be in writing . 38. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5 ) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25 , Florida Statutes and Rule 68E- 9 , Florida Administrative Code during the term of this Agreement. 41 . The GRANTEE agrees to comply with all applicable federal , state , and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement, including the general and special conditions specified in any permits issued by the Department of the Army , Corps of Engineers and/or the Florida Department of Environmental Protection . The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42 . The Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215 . 97, Florida Statutes. In addition , recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C , titled 'Requirements of the Federal and Florida Single Audit Acts" , attached hereto and made a part of this Agreement, as applicable. Page 5 of 8 CERTIFICATE OF CONTRACT COMPLETION 43. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted . This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized . The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. FEDERAL FUNDS 44. This Agreement is funded in whole or in part by a grant from the U . S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program , CFDA No. 15 . 605 . Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D . It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U . S. Fish and Wildlife Service. DEBARMENT AND SUSPENSION 45 . In accordance with Executive Order 12549, Debarment and Suspension , the GRANTEE shall agree and certify 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, and , that the GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction , with a person who is similarly debarred or suspended from participating in this covered transaction , unless authorized in writing to the COMMISSION by the federal agency issuing the grant award . 46 . Upon execution of this Agreement by the GRANTEE , the GRANTEE shall complete, sign and return a copy of the farm entitled "Certification Regarding Debarments, Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E 47. As required by paragraphs 48 and 49 above, the GRANTEE shall include the language of this section , and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE 's work under this Agreement. PROHIBITION AGAINST LOBBYING 48 . The GRANTEE certifies that no Federal appropriated funds have been paid or will be paid , on or after December 22 , 1989 , by or on behalf of the GRANTEE , to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding , renewal , amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above in connection with this Contract, the GRANTEE shall submit Standard Form-LLL, " Disclosure Form to Report Lobbying ", and shall file quarterly updates of any material changes. The GRANTEE shall require the language of this certification to be included in all subcontracts , and all subcontractors shall certify and disclose accordingly. 49. Pursuant to the Lobbying Disclosure Act of 1995 , the GRANTEE 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. Page 6 of 8 50 . In accordance with Section 216. 347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. RIGHTS IN INTELLECTUAL PROPERTY 51 . All items , materials or products , of any description , produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted , patented , or otherwise protected as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall have any proprietary interest in the products and materials developed under this Grant Agreement. Because Federal funding is involved in support of this Grant Agreement, the Federal Government also reserves a royalty-free, nonexclusive, irrevocable right to reproduce, publish , or otherwise use said work ( including any future versions , updates and improvements) , and to license the same rights and use to agencies and subdivisions of the Federal Government. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE, and to any not-for-profit subcontractors . ENTIRE AGREEMENT 52 . This Agreement represents that 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 , and duly signed by each of the parties hereto , unless otherwise provided herein . REST OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY FLORIDA FISH AND WILDLIFE BOARD OF COUNTY COMMISSIONERS CONSERVATIO MISSION By: Zf7dn �I r✓ ( ( / By �Auth zed Signatory*) Director, isi n of Marine Fisheries Management trDr Designee Gary C . Wheeler; ' BCC Chairman (Print Signatory's Name and Title) Date : June 5 , 2007 Date : e Z.D 2.0D� Indian River County (Grantee) 1840 25th Street (Address) Vero Beach , FL 32960 (City, State, and Zip Code) 59 - 6000674 Approved as to form and legality: ( Federal Employer Identification Number) FWC Attorney Reimbursement Check Remittance Address: 1840 25th Street (Address) Vero Beach FL 32960 (City, State, and Zip Code) *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: Attachment A Scope of Services Attachment B Comptroller's Contract Payment Requirements Attachment C Requirements of the Federal - Florida Single Audit Acts Exhibit 1 State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission Attachment D Federal Aid Compliance Requirements E C rtification Regarding Debarment/Suspension FCnjyAd FLEGA ;- rator AS TO FORM SUFFICIENCY 01 Page 8 of 8 / h1ARIAN E . FELL ASS ' $ I ANT COUNTY AT?'ORNF- Y ATTACHMENT A SCOPE OF SERVICES INDIAN RIVER COUNTY ARTIFICL9L REEF DEVELOPMENT PROJECT 2006-2007 Indian River County proposes to deploy between 24 and 48 designed concrete, heavy gauge steel or concrete and steel fabricated artificial reef structures at a depth of 70 feet within the Indian River County Reef Site 3 . The units will be deployed as a single large patch reef complex around the proposed location coordinates of 27° 53 . 910 ' N. ; 80° 13 .670 ' W. in the southwest corner of Site 3 . The center of Site 3 bears 77° and 12 .4 nautical miles from Sebastian Inlet. Site 3 is a rectangle with its long axis oriented north-south. The eastern and western sides of the site are 6,047 feet long and the north and south sides are 5 ,373 feet long. The site center coordinates are: 27° 54 .286 ' ; 80° 13 .292 ' W. The site, located in federal waters, is permitted to Indian River County by the U. S . Department of the Army, Corps of Engineers permit Number SAJ-2004-4393 (IP-TSB) and is valid until October 10, 2009. There are two prior reef deployments in this permitted area: 474 tons of railroad ties deployed in 1999 at the permit site center and 571 tons of railroad ties deployed in the northwest corner of the permitted site in 2000. Side scan sonar conducted of the site' s sand and shell hash sea floor in 2001 revealed no significant hard bottom habitat within or immediately adjacent to the reef permitted site. No submerged aquatic vegetation exists on the sea floor in Site 3 . There exists a ledge system approximately 2. 5 nautical miles west of Site 3 at a depth of 55 feet and a more extensive ledge system along the 90 feet contour approximately 2 . 5 nautical miles to the east. The nearest of the two railroad tie reefs in the permitted area is reef 3C, about 4,300 feet from the proposed deployment location. The objective of the proposed activity is to enhance recreational fishing opportunities and reduce fishing pressure on the natural ledge reef habitats. The intent will be to select, through competitive bid, a fabricated structure design, resistant to storm damage and movement at the depth placed and with a vertical height of 10 feet, a minimum volume of 100 cubic feet, and of a dome shape, pyramidal, or tetrahedron design. The units will be precision placed by being individually lowered by crane to the bottom and placed approximately 10-20 feet apart and occupying an area about 100 feet on a side, roughly equivalent to the footprint provided by the railroad tie reefs. If the number of modules that can be constructed and transported is closer to 48 than 24, construction of a second patch reef site will be considered. The reef construction activity to be funded consists of the following elements : LOADING AND TRANSPORTATION 1 . Loading and transportation of between 24 and 48 designed concrete, heavy gauge steel or concrete and steel fabricated artificial reef structures, or 2,000 tons of pre-cast concrete secondary use materials, concrete designed units, or other concrete structures acceptable to the COMMISSION. 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 site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore Page 1 of 5, Attachment A and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 3 . The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 370.25 , Florida Statutes . DEPLOYMENT AND MATERIAL PLACEMENT 4. During the deployment of the concrete reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U. S . Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE 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. Either the GRANTEE's observer or the subcontractor' s vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 5 . The reef material under this Agreement will be strategically placed as five separate piles. Each pile will measure approximately 90 feet wide by 35 feet long and 10 feet high. 6 . The minimum vertical clearance shall be maintained at above the highest point of the reef material (in accordance with the special conditions of the US Army Corps of Engineers permits). 7. The GRANTEE's Contract Manager shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12 inches in diameter, clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area. 8 . The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical Page 2 of 5 , Attachment A relief of the constructed reefs using a fathometer after the reef construction has been completed. 9. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. 10. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT H . Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9. 004(1 )(a), F.A.C. 12 . If the GRANTEE chooses to conduct a post-deployment SCUBA assessment at each patch reef (this is not required, but is an eligible activity under Chapter 68E-9 . 004( 1 )(a), F.A.C.), in order to be eligible for reimbursement work must be completed prior to June 30, 2007 and the following items, at a minimum, must be included : a. methods: name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b . conditions : cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. chronology: start and end of each dive; dive profile: dive plan , maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number) . Describe whether differential, WAAS, and/or LORAN. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations : Describe the number and size of material observed within each patch reef. What is the proximity of concrete pieces or modules to each other. What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? f. Footprint area : Measure the approximate total area covered by each patch reef through standard in situ survey practices . g. Biological observations: Describe any fish observed, or other general biological observations. h. Video and photographs : Provide still and/or video footage of each of the eight patch reefs (digital format preferred when available). Page 3 of 5, Attachment A 13 . Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE'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 15 . The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the form of a single final payment for the allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. The GRANTEE shall not be eligible for reimbursement for services performed after June 30, 2007. A final invoice must be received no later than August 15, 2007 to assure the availability of funds for payment. REPORTING, PERFORMANCE, AND PUBLICATIONS 16. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. 17 . A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment. The final field report should include video footage or photographs (underwater and/or surface) , if available. 18 . A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials . The same barge measurements must be taken by either the GRANTEE's Project Page 4 of 5, Attachment A Manager or GRANTEE-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 19. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. REST OF PAGE INTENTIONALLY LEFT BLANK Page 5 of 5 , Attachment A ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: ( 1 ) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid) . If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061 , Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs : Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1 .017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273 .02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges : Charges which may be of an internal nature (e. g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page 1 of 1 , Attachment B ATTACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section . MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S . , as revised (see "AUDITS" below), monitoring procedures may include , but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised , and/or other procedures . By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission . In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections , reviews , investigations, or audits deemed necessary by the Comptroller or Auditor General . AUDITS PART I : FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 133, as revised . In the event that the recipient expends $ 500 ,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised . EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards , including Federal resources received from Commission . The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised . An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised , will meet the requirements of this part. In connection with the audit requirements addressed in Part I , paragraph 1 . , the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised . If the recipient expends less than $500, 000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised , is not required . In the event that the recipient expends less than $500, 000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised , the cost of the audit must be paid from non-Federal resources ( i .e . , the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II : STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500 ,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215. 97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10 .550 (local governmental entities) or 10 .650 ( nonprofit and for-profit organizations), Rules of the Auditor General . EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements . In connection with the audit requirements addressed in Part 11 , paragraph 1 , the recipient shall ensure that the audit complies with the requirements of Section 215 .97(7), Florida Statutes . This includes submission of a Page t of 3 , Attachment C financial reporting package as defined by Section 215.97(2)(d ), Florida Statutes , and Chapters 10 .550 (local governmental entities) or 10.650 ( nonprofit and for-profit organizations), Rules of the Auditor General . If the recipient expends less than $500, 000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes , is not required . In the event that the recipient expends less than $500, 000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes , the cost of the audit must be paid from the non-state entity's resources ( i .e . , the cost of such an audit must be paid from the recipient's resources obtained from other than State entities ) . PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised , and required by PART I of this agreement shall be submitted , when required by Section . 320 (d ), OMB Circular A- 133 , as revised , by or on behalf of the recipient directly to each of the following : The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S . Meridian St. Tallahassee , FL 32399- 1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d )( 1 ) and (2), OMB Circular A-133, as revised , should be submitted to the Federal Audit Clearinghouse), at the following address : 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 (f), OMB Circular A- 133, as revised . Pursuant to Section .320 (f), OMB Circular A-133 , as revised , the recipient shall submit a copy of the reporting package described in Section . 320 (c), OMB Circular A- 133 , as revised , and any management lettere issued by the auditor, to the Commission at the following address : Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building , Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following : The Commission at the following address : Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S . Meridian St. Tallahassee, FL 32399- 1600 Page 2 of 3 , Attachment C The Auditor General 's Office at the following address : Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes , and Chapters 10. 550 (local governmental entities ) or 10 .650 (nonprofit and for-profit organizations ) , Rules of the Auditor General , as applicable. Recipients , when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10 .550 (local governmental entities ) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General , should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Trevor Phillips, by phone at (850) 488-6068 or by email at trevor. phili ps(a)mvfwc. com PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee , Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5 ) years from the date the audit report is issued , unless extended in writing by the Commission . REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3, Attachment C EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : Federal Agency: U .S. Fish and Wildlife Service Federal Program : Federal Aid in Sport Fish Restoration Program CFDA Number: 15 . 605 State Agency: Florida Fish and Wildlife Conservation Commission State Program : Division of Marine Fisheries Management Artificial Reef Grants Program Recipient: Indian River County Amount: $ 60 ,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : 1 . Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded . 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3 . The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : MATCHING FUNDS FOR FEDERAL PROGRAMS*: None. SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act) : None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : Not applicable. NOTE: Section .400(d) of OMB Circular A-133, as revised , and Section 215.97, Florida Statutes , require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1 , Exhibit 1 ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $ 100, 000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. 1 . 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 . Dated this Ft dayof .Bina 20 BY: y 2+u1 Lt//ctt Dy^ ' Authorized gnature/Contractor Typed Name(fitle . . . Gary C . Wheeler , BCC Chairman Grantee Name/Contractor Name Indian River County Board of County Commissioners Street Address 1840 25th Street Building, Suite Number City/State/Zip Code APPROVED SVero Beach , FL 32960 TO FORM Area CodefFelephone Number NO Latah- SUFFIC NCY ( 772 ) 226 - 1490 (Pagel of 2) AS51 TANCOUNTY L rogNEY Page 1 of 2, Attachment E INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1 . 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 Florida Fish and Wildlife Conservation Commission ( FWC) or agencies with which this transaction originated may pursue available remedies , including suspension and/or debarment. 3 . The certifying party 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 FWC or agency with which this transaction originated . 6 . The certifying party further agrees by executing this contract that it will include this clause titled "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 Nonprocurement 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. The 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 transactions 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 FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. (Page 2 of 2) debar.226frev. 12100 Page 2 of 2 , Attachment E