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HomeMy WebLinkAbout2007-208 7/10/0 7 Y. CONTRACT FOR GOODS AND/OR SERVICES �07 2.O0 (ADVANCE PAYMENT) PROJECT : Indian River Turtle Nesting Habitat Improvements (2006-0114-005) IN- Please reference project title and number on all correspondence NFWF CONTRACTOR: Indian River County Board of County Commissioners TERM : March 15 , 2007 to December 31 , 2008 AWARD : $ 174,991 is provided in consideration for the NFWF Contractor' s agreement to perform the Project in accordance with Section 1 below. FUNDING SOURCE : National Oceanic and Atmospheric Administration (FR.0524) CFDA Number : 11 .470 Defined Terms. All capitalized terms used in this Contract shall have the meanings attributed to such terms in the 2002 Glossary found on NFWF' s website <www.nfwf.org/glossary.htm>, which is incorporated in this Contract by this reference. This Contract for Goods and/or Services (this "Contract') is entered between Indian River County Board of County Commissioners ("NFWF Contractor"), a political subdivision of the State of Florida, with an address of 1840 25th Street, Vero Beach, FL 34960, and the National Fish and Wildlife Foundation ("NFWF" or the "Foundation"), a federally chartered 501 (c)(3 ) non-profit corporation, with an address of 1120 Connecticut Avenue, N. W . , Suite 900, Washington, D . C. 20036. 1 . Retention; Purpose. 1 . 1 Retention. NFWF hereby retains the services of the NFWF Contractor upon the terns and conditions set forth below, and the NFWF Contractor accepts such retention, to complete the Project described in a Full Proposal received by NFWF on November 13 , 2006 . 1 .2 Description of Goods to be Provided and/or Scope of Services to be Performed. Under the terms of this Contract, the NFWF Contractor will perform the services necessary and appropriate (the "Services") and/or provide the following goods (the "Goods") to complete satisfactorily the following: 1 .2 . 1 Project Description (Description of Goods and/or Services) : Project Re-vegetate dunes with native plants and retrofit street lights visible from nesting Abstract: beaches . This will improve post-hurricane beach habitat for the sea turtles that nest in Indian River County and aims to increase nesting activity and hatchling success. Page 1 of I1 u= .[iun I urtl. AQ ,,�tin ' \ atu nl I IQ ! I ; a � Project Phase 1 : • Advertise for the plant give-away through mailings to Budget NFWF beachfront property owners, newspaper ads and local Category Funds cable TV announcements. Salaries: $0 • Stage weekend event at the Environmental Learning Equipment: $0 Center for property owners to sign up for dune plants. Other: $71000 Hand out literature describing sea grapes, beachfront lighting problems and sea turtle nesting. Matching Contributions allocated to Phase 1 : $0 TOTAL $7,000 Project Phase 2: • Order, deliver and install sea grapes on the dune at Budget NFWF the addresses of the people who signed up. Category Funds • Evaluate plantings with a digital camera and light Salaries: $0 meter at regularly scheduled intervals. Equipment: $0 Other: $375300 Matching Contributions allocated to Phase 2: $0 TOTAL $375300 Project Phase 3 : • Conduct daytime surveys of publicly-owned lighting Budget NFWF fixtures to identify problem lights. Category Funds • Evaluate lights at night and assign each light a Salaries: $0 problem code based on the extent in which it Equipment: $0 illuminates the beach. Other: $ 16,887 • Prepare a list of problem lights. • Determine appropriate and cost-effective means for correcting all potential and identified problem lights. Matching Contributions allocated to Phase 3 : $01 TOTAL $ 16, 887 Project Phase 4: • Work with utility authorities to modify lights so they Budget NFWF will not impact turtles. Cate o Funds • Correct and modify problem lights. Salaries: S5 - E ui ment: $o Other: $91 ,400 Matching Contributions allocated to Phase 4 : $0 1 TOTAL $ 91 ,400 Project Phase 5 : • Conduct follow-up night time lighting evaluations Budget NFWF after lights have been modified to assess the Category Funds effectiveness of modifications. Salaries: $0 • Meet with appropriate utility authorities to coordinate Equipment: $0 additional modifications. Other: $ 103304 • Conduct a final lighting evaluation to ensure that all modifications are adequate. Matching Contributions allocated to Phase 5 : $0 TOTAL $ 10,304 Page 2 of 11 Indi :u : 1LI ! I r . t I " i . . i Ij„ . tn. t . rI1 • -n1i � -lri5 4tiinn.il hiaL unci 1l ' i LtliF.: ! : , , ;; n . i . n Project Phase 6: • Final Report to NFWF Budget NFWF Cate o Funds Salaries: $0 E ui ment: $0 Other: $ 125100 Matching Contributions allocated to Phase 6: $0 TOTAL $ 12, 100 NFWF $ 174,991 PROJECT TOTAL 1 .2.2 Project Deliverables. 1 ) Cause the installation of sea grape vegetation at beach dunes. 2) Work with the City of Vero Beach to modify existing light fixtures to a less-invasive model . 3) Conduct periodic evaluations of both sea grape vegetation and light retrofits. 4) Prepare a final report to include the following: a) list of properties receiving plants and details about quantities and locations, b) results of post-planting surveys to include photos, height measurements and light screening abilities, e) results of the initial lighting evaluation, d) a list of problem lights with recommended modifications, e) a detailed list of modifications made, f) results of follow-up lighting evaluations including evaluation of effectiveness of modifications, g) details of additional modifications made to lights after the follow-up evaluations, h) results of final lighting evaluation, i) comparison of Light Problem Codes before and after implementation of project, j ) comparison of sea turtle disorientation events before and after implementation of the project, and k) recommendations for future activities to insure that sea turtles will not be impacted by artificial lighting. 1 .3 . Diligence and Communication Required. The NFWF Contractor agrees to pursue the completion of the Services and/or delivery of the Goods diligently and to communicate with the Project Manager on a regular basis with respect to the status of the Project, including but not limited to providing the reports discussed in this Contract . Failure to so pursue the completion and/or delivery according to the timetable associated with the Phases described in the Description of Services and/or Description of Goods above and/or failure to so communicate with the Project Manager, will be deemed a material default in this Contract, entitling NFWF, in its discretion, to terminate this Contract by written notice to the NFWF Contractor and to pursue all other legal remedies to which NFWF may be entitled. 1 .4. Restrictions on Funds . No Funds provided by NFWF pursuant to this Agreement or Matching Contributions may be used to support litigation expenses or lobbying activities . Page 3 of 11 IEdIF! 1) Ri� CT 1 urtl .. ci114-tr ? ; V:� tinr, el Pi ,h and. 1Cildli l �.• I . in7oc : r 2. Term. The period of performance for this Contract shall be as set forth above, unless sooner terminated in accordance with the attached Standard Provision on Termination. 3. Payment and Administration Procedures . In consideration for the Goods to be delivered and.ior Services to be performed by the NFWF Contractor pursuant to this Contract, NFWF shall pay an amount not to exceed One hundred seventy four thousand nine hundred ninety one Dollars ($ 174,991 ), in 6 installments . • Project Phase One installment will be advanced to the NFWF Contractor when NFWF receives a Request for Payment from the NFWF Contractor certifying that it is ready to begin Project activities for the first Phase described in Section 1 immediately upon receipt of the funds. • Subsequent Phase installments will be advanced to the NFWF Contractor when NFWF receives and approves a completed Project Phase Reporting Form certifying that (i) the NFWF Contractor has completed the previous Project Phase as described in Section 1 and (ii) the NFWF Contractor has expended NFWF Funds and Matching Contributions consistent with the Project Phase Budget as described in Section 1 ; and the NFWF Contractor provides NFWF a Request for Payment certifying that it is ready to begin Project activities for the next Phase immediately upon receipt of the funds. • Payment for the Final Phase of the Project will be made in arrears, upon the receipt and approval by NFWF of all required reporting for this Agreement. • Under no circumstances will any payment under this Agreement be made if any Financial or Programmatic Reports are due and outstanding. Budget Changes . In the event the NFWF Contractor determines that the amount of the Budget is going to change in any one line item by an amount that exceeds more than 10% of the total Budget for that Phase, the NFWF Contractor must seek approval from the Project Manager. If approval is received, both parties must sign a written amendment to this Contract reflecting the new Budget. Final Financial and Programmatic Report. When the NFWF Contractor believes that all the Goods have been delivered and/or all the Services have been completed, it shall prepare a Final Financial and Programmatic Report on a NFWF form that summarizes the date and description of the Goods delivered and/or Services completed, attach any Project Deliverables not previously delivered and provides a final accounting for the actual expenditure of funds and deliver these to NFWF, together with a Request for Payment, if any final compensation or expenses remain outstanding. NFWF shall determine in a reasonable manner and within a reasonable time period whether the Goods were satisfactorily delivered and/or the Services have been satisfactorily performed. If the Goods were satisfactorily delivered and/or the Services have been satisfactorily performed, NFWF shall make the final payment to the NFWF Contractor and the NFWF Contractor shall be discharged from the obligations of this Contract, except those that expressly survive the term of this Contract. If NFWF does not conclude that the Goods were satisfactorily delivered and/or the Services have been satisfactorily performed, the parties shall continue to work together until NFWF is satisfied in its reasonable discretion, or NFWF shall be entitled to seek whatever legal remedies to which it may be entitled, including termination of this Contract. Page 4 of 11 1 ❑dm K � cr . 1 4-; lfl� 4. Contact Information. NFWF : Tom Barry National Fish and Wildlife Foundation 1120 Connecticut Ave. , NW, Suite 900 Washington, D.C . 20036 Phone: (202) 857-0166 Fax : (202) 857-0162 E-mail : tom .barry@nfwforg NFWF Contractor: Richard Herren Indian River County 1840 25th Street Vero Beach, FL 34960 Phone : 772-226- 1276 Fax : 772 -794-7447 E-mail : rherren@ircgov. com Signatory, if other than the Project Officer: Gary C. Wheeler, Chairman, Indian River County Board of County Commissioners Phone : (772) 567-8000 Fax : (772) 770-5334 E-mail : GWheelerAircgov. com As of the date of this Contract, the Project Officer named above and the signatory to this Contract are the only representatives of the NFWF Contractor authorized to send and receive notices on behalf of the NFWF Contractor, unless additional representatives are named below and appropriate contact information for them is provided immediately below. Thereafter, notice of changes in authorized representatives shall be provided as set forth in Standard Provisions. Additional Authorized Representatives : Phone : Fax : E-mail : 5. Standard Provisions . The attached Standard Provisions are incorporated in this Contract by this reference. Page 5 of 11 111d an R1 % .r 1 urth NC,fiI ! , iIab . . r ] mpio % mmcrh ' oor, ; iI I .:I—of National I uh a11d l4' ildlil � I r ;mJmlrm IN WITNESS WHEREOF, each party has caused this Contract to be executed by an authorized representative, intending to be bound legally. Indian River County Board of County Commissioners By: (/ Gary C. eeeloy,,Chairman (Print name and tiihOegibly) Date : July 10 2007 Tax Identificatzt�n,Number: 59 - 6000674 Attest: (SEAL) Jeffery K. Barton, Clerk of Court Deputy Clerk APPROVED J seph A Baird, County Ad inistrator AOVED AS TO FORM ALL AL 5UFFICIEN Marian E. Fell , A istant unty Attorney National Fish n Wildlife Foundation By: Michelle K. Pico �J Director, Marine Programs Date : Z 3 2007 Page 6 of 11 2004 STANDARD PROVISIONS FOR CONTRACTS FOR GOODS AND/OR SERVICES This Contract is subject to the following terms and conditions, as indicated by OX . FX Section Al . ASSIGNMENT; SUBCONTRACTING AL I The NFWF Contractor may not assign this Contract, in whole or in part, to any other individual or other legal entity without the prior written consent of NFWF . A1 .2 The NFWF Contractor may not have subcontracts without the prior written approval of NFWF . Q Section A2 . UNEXPENDED FUNDS ; INTEREST Any funds provided by NFWF and held by the NFWF Contractor and not expended at the end of the Term will be returned to NFWF within thirty (30) days after the end of the Project Period. QX Section A3 . AMENDMENTS This Contract can only be amended by a written amendment, signed by both parties. Counterpart originals and/or facsimile copies of amendments are acceptable but not emails . 0 Section A4. TERMINATION At any time prior to receipt of the first payment, the NFWF Contractor may terminate this Contract. After receipt of the first payment, the NFWF Contractor may terminate this Contract only with the written consent of NFWF. Failure by the NFWF Contractor to comply with any material term of this Contract is cause for NFWF to terminate this Contract by written notice to the NFWF Contractor. In the event of termination of this Contract prior to Project completion, NFWF will not make payment for any of this Contract' s Project Deliverables that remain undelivered and any funds advanced by NFWF that have not been expended by the NFWF Contractor shall be returned to NFWF immediately, but in any event, no later than thirty (30) days after receipt of the notice of termination. NFWF agrees to pay all documented, non- cancelable commitments made by the NFWF Contractor prior to the NFWF Contractor' s receipt of the notice of termination. 0 Section A5 , ADDITIONAL SUPPORT By entering into this Contract, NFWF assumes no obligation to provide further funding or support to the NFWF Contractor beyond the terms stated in this Contract. ❑X Section A6 . ARBITRATION AND CHOICE OF LAW � yJ A6 . 1 All claims, disputes, and other matters in question arising out of, ot relatin to this v+krie Contract, its interpretation or breach shall be decided through by a person or persons o mutually acceptable to both NFWF and the NFWF Contractor. Notice of the demand for (tY11^� re� shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. 44te ttwwd rendered by the __t ..— . __ or t eirs1_ „ L 444F11 . Page 7 of 11 Indian Rn [ I1n"tic Ne,tin � Ilal)IIui IIII pnoccrn to National Dish and A\ i (dlifc [4i .n;<Iati .m question has arisen. . QX Section A6. 3 The terms of this Section will survive termination of this Contract. Section AT COMPLIANCE WITH LAWS ; INSURANCE; INDEMNIFICATION QX Section A7. 1 In conducting its activities relating to the Project, the NFWF Contractor agrees to conduct all such activities in compliance with all applicable Federal , State, and local laws, regulations, and ordinances; and to secure all appropriate necessary public or private permits and consents. NFWF Contractor hereby expressly agrees that it will comply with Executive Order 11246 (Equal Employment Opportunity) as amended by Executive Order 11375 (Amending Executive Order 11246 Relating to Equal Employment Opportunity), and as supplemented by 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. FX Section A7 . 2 The NFWF Contractor agrees to obtain and maintain all appropriate insurance against liability for injury to persons or property from any and all activities undertaken ,,) by the NFWF Contractor and associated with this Contract in any way. p JOLcC,Y TO l ii l: E7 rE+✓r f Of it , Tr 0 $ y RLBR1DhLhW . FWD I Na �.vt_N�c KEAh( E R TW ;i e*E d- l M i ,-: s sT' V PoRrl+ iNtcaRiD0. S „{-To ,•z� S �cf- � aN 7X 4Section A7 . 3 The NFWF Contractor shall indemnify and hold harmless NFWF and those Federal, State or Local agencies and/or private organizations identified as sources of funds in the letter of transmittal of this Contract, if any, and their respective officers, directors, agents, and/or employees in respect of any and all claims, injuries, losses, diminution in value, damages, liabilities, whether or not currently due, and related expenses (including without limitation, settlement costs and any legal or other expenses for investigating or defeaging any actions or threatened actions) arising from or in connection with the Project, including but not limited td,k' f �„ environmental laws, regulations, orders and decrees of whatsoever character or nature and damage or injury to persons and property. ❑X Section A7 .4 The terms of this Section will survive termination of this Contract. 0 Section A8 . COMMUNICATIONS All notices, Requests for Payment or reports required or allowed to be given by this Contract shall be by first-class mail (postage prepaid), facsimile (with telephone call required to confirm that fax has been received), or overnight mail delivery by a nationally known courier and addressed using the contact information provided in this Contract. All notices, reports and Requests for Payment may be sent by e-mail, but Final Financial and Programmatic Reports must be provided in hard copy as well . Each party agrees to notify the other within ten ( 10) days after any change in named representative, address, telephone, or other contact information. Page 8 of 11 ! . au IJ . tir l uru , d> i' o Imp \ tir I 'd I ia ) a 4i ' 0 1 '1 ! 1 1 QX Section A9 . PUBLICITY The NFWF Contractor agrees to give appropriate credit to the National Fish and Wildlife Foundation and those Federal, State or Local agencies and/or private organizations identified as sources of funds in the letter of transmittal of this Contract, if any, for their financial support in any and all press releases, publications, annual reports, video credits, dedications, and other public communications regarding this Contract or any of the Project Deliverables associated with this Contract. The NFWF Contractor gives NFWF the right and authority to publicize NFWF's financial support for this Contract and the Project in press releases, publications and other public communications. ❑X Section A10 . DISCLAIMERS Payments made to the Contractor under this Contract do not by direct reference or implication convey NFWF ' s endorsement nor the endorsement by any other entity that provides funds to the Contractor through this Contract, including the U. S . Government, of the Project Deliverables . All information submitted for publication or other public releases of information regarding this Contract shall carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of any entity that provides funds to the NFWF Contractor through this Contract, including the U . S . Government or the National Fish and Wildlife Foundation. Mention of trade names or commercial products does not constitute their endorsement by any such entity, the U . S . Government or the National Fish and Wildlife Foundation. " ❑ Section Al I . WEBSITE LINKS The NFWF Contractor agrees to permit NFWF to post a link on any or all of NFWF ' s websites to any websites created by the NFWF Contractor in connection with this Contract. 0 Section Al2 . EVALUATION The NFWF Contractor agrees to cooperate with NFWF by providing timely responses to all reasonable requests for information to assist in evaluating the accomplishments of this Contract for a period of five (5 ) years after the date on which the Final Financial and Programmatic Reports are provided. ❑ Section A13 . DAVIS-BACON The NFWF Contractor shall be subject to the provisions of the Davis-Bacon Act (40 U. S . C . 276a to a-7) as supplemented by Department of Labor regulations (29 CFR part 5 , "Labor Standards Provision Applicable to Contracts Governing Federally Financed and Assisted Construction. "). 0 Section A14 . DEBARMENT AND SUSPENSIONS The NFWF Contractor shall enter into no contract or subcontract using Federal funds provided by NFWF with any party listed on the General Services Administration' s Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Page 9 of 11 rd : ;i ❑ 2 : '. er fmt ' � � untl i ' a' : n �, . . , i> sll -I - �ri =. Orders 12549 and 12689 (Debarment and Suspension). If this Contract exceeds One Hundred Thousand Dollars ($ 100,000), the NFWF Contractor must provide certification of its exclusion status and that of its employees on a form provided by NFWF. ❑ Section A15 . RIGHTS TO INVENTIONS The NFWF Contractor shall abide by the provisions of 37 CFR Part 401 (Rights to Inventions Made by Non-Profit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements) and any implementing regulations issued by the Federal agency(ies) that provide funds for this Contract. 0 Section A16. ACCESS TO RECORDS NFWF, any and all Federal agencies providing funds for this Contract and the Comptroller General of the U. S . , or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the NFWF Contractor that are directly pertinent to this Contract for purposes of making audits, examinations, excerpts or transcription for up to three years from the date of delivery of the Final Financial and Programmatic Report regarding this Contract. 0 Section AI T CLEAN AIR AND WATER The NFWF Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U. S . C. 7401 et seq .) and the Federal Water Pollution Control Act as amended (33 U . S . C. 1251 et seq.) . QX Section A18 . ANTI-LOBBYING The NFWF Contractor shall file a certification required by 31 U. S . C . 1352 (`Byrd Anti-Lobbying Amendment ') to the effect that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by the Byrd Anti-Lobbying Amendment, Section A19 . BOND REQUIREMENTS ; KICKBACKS AND HOURS AND SAFETY ❑ Section A19 . 1 The NFWF Contractor shall obtain a payment and performance bond in the amount of the total budget for the Project or as otherwise required by law or regulation in the jurisdiction where the Services will be performed. ❑ Section A 19. 2 The NFWF Contractor must comply with the provisions of the Copeland "Anti-Kickback" Act ( 18 U. S .C . 874), as supplemented by Department of Labor regulations (29 CFR part 3 , "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), that provide that a contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled . Page 10 of 11 hi, Vaiiunal k ieh ;in ! �.l it J11tc I �.0 Jsun ❑ Section A19 . 3 The NFWF Contractor shall follow provisions of the Contract Work Hours and Safety Standards Act (40 U . S . C . 327-333 , sections 102 and 107) as supplemented by Department of Labor regulations (29 CFR part 5 .) that requires contractors, that employ mechanics or laborers, to compensate those workers using specified calculations . Page 11 of 11 hidian R :cr ltirticAi.. tiegllnbitailmprc mrI bI ; ` ,-f 1q -;p ; ; \alis .ial I i� i1 snd \A ildlifc I OdIldation rand wild1 if �ti P T G C a O G w A AUG 1 3 2007 Dear Mr. Herren, August 9, 2007 I would like to introduce myself as the Project Administrator that will be working with you on your National Fish and Wildlife Foundation grant. I will be your new primary contact for administrative matters such as generating and amending your grant agreement/contract, phase reporting, invoicing, closure, and other issues you may have. Your copy of your signed grant agreement for project number 2006-0114-005 , titled Indian River Turtle Nesting Habitat Improvements,. is enclosed . You may now submit a Payment request for the first phase of your project . Let me know if you would like electronic copies of the payment request form and/or other required reporting forms and I will be happy to send them to you. My contact information is listed below. Please do not hesitate to get in touch with me if you have any questions or concerns. I look forward to working with you and getting to know your project ! Regards, Lac6"--?{���� f / Lacy Reimer Project Administrator National Fish and Wildlife Foundation 1120 Connecticut Avenue NW, Suite 900 Washington, DC 20036 Lacy.Reimerk, nfwf. oru (202) 857-0166 Office (202) 857-0162 Fax 1120 CONNECTICUT AVENUE, NW • SUITE 900 • WASHINGTON, D.C. 20036 PHONE: (202) 857-0166 • FAX: (202) 857-0162 • w .NAWF.ocg printed on recycled paper