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HomeMy WebLinkAbout2005-101 v FWC Grant No . 04027 INDIAN RIVER COUNTY ARTIFICIAL REEF MONITORING PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION , whose address is 620 South Meridian Street, Box 4132 , Tallahassee , Florida 32399- 1600 , hereafter " COMMISSION " , and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS , whose address is 1840 25th Street, Vero Beach , FL 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 . Contractor 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 on December 23 , 2005 , inclusive . The GRANTEE shall not be eligible for reimbursement for services rendered after the termination date of the Agreement . COMPENSATION 4 . As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a fee schedule basis in an amount not to exceed $ 19 , 245 . 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 . 6 . Travel expenses are not authorized . Page 1 of 14 7 . 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 . 8 . Invoices , including backup documentation , shall be submitted to : Keith Mille , Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries 2590 Executive Center Circle East, Suite 203 Tallahassee , Florida 32301 TERMINATION 9 . 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 . 10 . 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 11 . 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 12 . 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 , Environmental Analyst Keith Mille , Fisheries Biologist IV Indian River County Fish and Wildlife Conservation Commission 1840 25th Street 2590 Executive Center Circle East , Suite 203 Vero Beach , Florida 32960 Tallahassee , Florida 32301 561 . 567-8000 x568 (850 ) 922 -4340 , Ext 207 jgorham (@ircgov . com keith . mille (d,) myfwc . com AMENDMENT OR MODIFICATION 13 . 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 . RELATIONSHIP OF THE PARTIES 14 . The GRANTEE shall perform as an independent agent and not as an agent , representative , or employee of the COMMISSION . 15 . 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 . Page 2 of 14 16 . The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION . INSURANCE REQUIREMENTS 17 . 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 Agreement , Worker's 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 Worker's 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 Worker's Compensation law . In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's 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 . 18 . The GRANTEE , as an independent contractor and not an agent , representative , or employee of the COMMISSION , agrees to carry adequate liability and other appropriate forms of insurance . The COMMISSION shall have no liability except as specifically provided in this Agreement . CANCELLATION UNDER CHAPTER 119 , FLORIDA STATUTES 19 . 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 on conjunction with this Agreement . RECORD KEEPING REQUIREMENTS 20 . 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 contract , 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 . LIABILITY 21 . 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 Page 3 of 14 22 . 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 23 . 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 24 . 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 . REMEDIES 25 . The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION . 26 . 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 27 . 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 28 . 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 29 . 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 . DIVISION OF MARINE FISHERIES REQUIREMENTS 30 . 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 . Page 4 of 14 31 . The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule ( SNAPS ) does not preclude the GRANTEE from the requirements of Paragraph 30 . 32 . 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 . 33 . 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 . 34 . 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 . 35 . 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 . 36 . 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 . 37 . The GRANTEE agrees to acknowledge the role of Florida saltwater fishing license funding in any publicity related to this Agreement . 38 . 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 . 39 . 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 . 40 . The harvest of all marine species regulated under Chapter 6813 , Florida Administrative Code by any means whatsoever by any individuals operating from vessels during the work days these individuals and/or vessels are hired to be engaged in the support of survey and monitoring work funded under this agreement is prohibited . Harvest of marine organisms from monitoring sites designated under this agreement by personnel or other individuals on board vessels supporting monitoring activities on the same day as the survey/monitoring activity is occurring , shall result in immediate termination of this agreement and nonpayment for any services undertaken on the day the noncompliance with this paragraph was reported or otherwise identified . FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 41 . Effective July 1 , 2000 , 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 B , titled " Requirements of the Federal and Florida Single Audit Acts" , attached hereto and made a part of this Agreement , as applicable . 42 . 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 . CERTIFICATE OF CONTRACT COMPLETION Page 5 of 14 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 . CERTIFICATE OF PARTIAL PAYMENT 44 . The GRANTEE will be required to complete a Certificate of Partial Payment form when payment intervals have been noted in the Agreement . This form must be submitted to the COMMISSION 's Contract Manager starting with the second invoice and with each subsequent invoice requesting partial payment . The COMMISSION 's Contract Manager shall submit the executed form with the invoice to Accounting Services . ENTIRE AGREEMENT 45 . This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing , and duly signed by each of the parties hereto , unless otherwise provided herein . RIGHTS IN INTELLECTUAL PROPERTY 46 . 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 . Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE , and to any not-for- profit subcontractors . REST OF PAGE INTENTIONALLY LEFT BLANK Page 6 of 14 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 FLORID F SH AND W D BOARD OF COUNTY COMMISONERS CONSE V TI MI N l� (Authorized Signatory* ) 11 ector, 'Division of Marine Fisheries or Designee Thomas S . Lowther , Chairman ( Print Signatory's Name and Title ) / Date : March 29 2005 pip Date : Indian River County Board ` 4 C6'4i ty. Commissioners f antee ) 1840 7=` - Street (AdS� " Vero Beach, Flo t & 32960 ( City, State , and Zip Code ) 59 - 60000674 ( Federal Employer Identification Number) A ROVED: , � � A C�k� Appr ved as to form and legality : Co a tyAdm tstrator E SUFFiCiENRM 1 FWC Attorney ASST TANT COUNTY ATTo NEY Reimbursement eck Remittance Address : (Address ) ( 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 Requirements of the Federal and Florida Single Audit Acts Exhibit 1 State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission Page 7 of 14 ATTACHMENT A SCOPE OF SERVICES Monitoring of Artificial Reefs Located in Indian River County Introduction This task is an expansion and enhancement of artificial reef monitoring that began under F42 Segment 15 on a set of artificial reefs which were constructed under Project # 1 , Task #2 of F42 -Segment 14 , as a Florida Atlantic Coast cooperative demonstration project . Four reef sites were permitted to Indian River County under ACOE Permit # 199700975 ( GP-TB ) . The approximate coordinates of the railroad tie patch reefs are : North Latitude West Longitude Depth Permitted Site #2 270 55 . 941 ' 800 15 . 941 ' 66 feet Patch Reef 2NW Permitted Site #3 270 54 . 733 ' 800 13 . 710 ' 71 feet Patch Reef 3NW Permitted Site #4 270 55 . 537 ' 800 12 . 733 ' 73 feet Patch Reef 4NW Permitted Site #4 270 54 . 679 ' 800 11 . 863 ' 72 feet Patch Reef 4SE Fish populations will continue to be censused on all four reefs . Each of the four reefs will be surveyed at least four times during this agreement period (twice in the Spring April -June 2005 , and twice in the fall September- October 2005 ) , for a total of 16 survey events . For each survey , a pair of divers will collect two sets of data . One diver will use a JVC underwater digital video camera to record images of fishes along a path extending an estimated 3 m on either side of each transect line (designated T1 , T2 , and T3 ) , while the second diver will use a slate to record presence/absence of all species seen , including those not directly on the transects . Each dive will began with a survey along the complete perimeter ( P ) , followed by surveys along T1 - T3 . A second survey along T2 will be conducted , with special attention to fishes inhabiting the deepest holes and crevices in the reef. Repeated surveys of T1 and T3 will be performed if possible , within the 30 minute air/bottom time limitation of working at depths of 70 feet . The data collected will allow for calculation of parameters such as species diversity and community diversity. Size estimates will be collected on fish species of recreational importance , and laser scale guides in videography will allow for calibration of the diver size estimates . Data will also be collected on the degree of fishing effort observed at the reef sites during each sampling day . Data analysis using statistical methods will be difficult due to the small sample size , so it is proposed that if the assumptions of an Analysis of Variance (ANOVA) such as homogeneity and normality of the data can be met , then a one-way ANOVA with repeated measures will be used to test for differences in species abundance over time . If ANOVA assumptions cannot be met , an analogous non-parametric method will be used (Weiner 1971 ) . Variability of the fish assemblages over time will be evaluated by comparing the mean coefficient of variation for all species at control and treatment reefs ( Seber 1973 ) . The 'T' method for multiple comparisons among pairs of means (Zar 1984 ) will test for significant differences in fish community variability . The reef monitoring to be funded consists of the following elements : 1 . Approximate Project Timeline a . April -June 2005 : Spring Monitoring and Data Collection (Quantitative Assessment) Page 8 of 14 b . July 2005 : Data Entry, Summary and Analysis C . September-October 2005 : Fall Monitoring and Data Collection (Quantitative Assessment) d . November 2005 : Data Entry, Summary and Analysis e . December 2005 : Final Reporting 2 . Survey Methodology a . Survey methodology will collect reliable data on patterns of community structure , relative abundance , and size of resident fishes . b . Data will be collected from 4 sites during two 3 month sampling windows . The total number of monitoring events will include a minimum of 16 fish census events (2 replicates at each site ) . i . Fish surveys will be conducted at each site by implementing an in situ visual survey method along the fixed transect , supplemented by a videographic visual survey method along the fixed transect . Surveys will be conducted at two separate intervals during this study . C . If visibility is judged to be less than 15 feet horizontally on the bottom , no fish census will be performed and the dives to conduct said surveys will be repeated at a later date . 3 . Deliverables a . Written or electronically submitted status reports will be submitted every 30 days following the date of grant execution . b . A draft report will be submitted to the Commission by November 1 , 2005 to provide 21 days for technical peer review by the Commission . C. A final report acceptable to the Commission , will be submitted for approval on or before December 23 , 2003 . The final report , at a minimum , shall contain the following , including any additional comments by the FWC submitted during the course of the project and in review of the draft : i . Background and introduction information on the project , including a discussion on comparison to surveys from the previous sampling years ; ii . Analysis of fishing effort ; iii . A narrative section describing methods , results , statistical analysis , and conclusions ; iv . Tables , charts and graphs ; V . Copies of all archival video footage , and a separate approximate 20 minute summary video depicting representative footage from the project. d . In addition to a hard copy of the final report , all raw and summarized data from fish surveys , along with all digital ground -truthing images , will be transferred on accompanying CD (s ) , video cassettes , and DVD (s ) . e . The hard copy final report will also be provided as an indexed Adobe Acrobat ( . pdf) file on a CD rom , suitable for posting on the internet . Page 9 of 14 4 . Funds from this Agreement may not be expended on 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 . PAYMENT SCHEDULE 5 . For satisfactory completion of the final report and a minimum of 8 monitoring events as described above , the COMMISSION agrees to pay the GRANTEE a maximum of $ 19 , 245 on a fee-schedule basis according to the cost per unit in the following table : Number Cost Monitoring Event Type of Per Unit Total Cost Events Fish Census 16 $ 700 . 00 $ 11 , 200 . 00 Final report preparation 1 $ 8 , 045 . 00 $ 89045 . 00 ( including data analysis ) TOTAL 9 1 1 $ 19 , 245 . 00 6 . The GRANTEE shall be reimbursed by the COMMISSION in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation no later than forty-five (45 ) days after the ending date of the Agreement . A timely reimbursement request following completion of actual submittal of the final report is strongly encouraged . PERFORMANCE 7 . Any published articles related to this artificial reef activity should reflect the role of the Florida saltwater fishing license revenues in assisting in the funding of this activity . LITERATURE CITED Clifford , H . T . and W . Stephenson . 1975 . An introduction to numerical classification . Academic Press , New York . 299 pp . Seber, G . A. 1973 . Estimation of Animal Abundance and Related Parameters . Griffon , London Weiner , B . J . 1971 . Statistical Principles in Experimental Design . McGraw- Hill , New York . Zar, J . H . 1984 . Biostatistical Analysis . Prentice- Hall , New Jersey . REST OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 14 ATTACHMENT B REQUIREMENTS OF THE STATE 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 Page 11 of 14 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 II , 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 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 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 letters issued by the auditor, to the Commission at the following address : Trevor Phillips Florida Fish and Wildlife Conservation Commission Bryant Building , Room 170 620 S . Meridian St . Page 12 of 14 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 Florida Fish and Wildlife Conservation Commission Bryant Building , Room 170 620 S . Meridian St . Tallahassee , FL 32399- 1600 The Auditor General 's Office at the following address : Auditor General 's Office Room 401 , Pepper Building 111 West Madison Street Tallahassee , Florida 32399- 1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to : The Commission at the following address : Trevor Phillips Florida Fish and Wildlife Conservation Commission Bryant Building , Room 170 620 S . Meridian St . Tallahassee , FL 32399- 1600 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 E- mail at Trevor. phiIIips@myfwc . state . fl . us . PART V : 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 13 of 14 EXHIBIT — 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : NONE COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : NONE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : MATCHING RESOURCES FOR FEDERAL PROGRAMS : NONE SUBJECT TO SECTION 215 . 97 , FLORIDA STATUTES : State Agency: Florida Fish and Wildlife Conservation Commission State Program : Division of Marine Fisheries Artificial Reef Grants Program CSFA No . : 77 . 007 Recipient : Indian River County Board of County Commissioners Amount : $ 19 , 245 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : 8 . Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded . 9 . 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 . NOTE : Section .400 (d ) of OMB Circular A-133 , as revised , and Section 215 . 97(5) (a) , Florida Statutes , require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. REST OF PAGE INTENTIONALLY LEFT BLANK Page 14 of 14