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HomeMy WebLinkAbout2007-182 t` s of FWC Grant No. 06270 INDIAN RIVER COUNTY NEARSHORE 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, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1840 251" 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 . 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 2, 20089 inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor 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 for direct costs on a cost reimbursement basis as outlined in Attachment A, and not to exceed $222 ,222 . 00 . Indirect costs shall be paid at the rate of 12 . 5% of total direct costs. Maximum compensation under the agreement shall not exceed $250,000.00 . 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 . The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services , Bureau of Accounting and Auditing , Voucher Processing Handbook, Chapter 4 . , C . , I . , attached hereto and made a part hereof as Attachment B. Page 1 of 19 6. Only GRANTEE and subcontractor travel expenses for mileage accrued traveling to and from the sampling sites or for the GRANTEE and subcontractor to meet to confer with each other are authorized under the terms of this Agreement. Authorized travel expenses shall be compensated on a cost reimbursement basis in accordance with Section 112 . 061 , Florida Statutes. 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: Jon Dodrill, Environmental Administrator Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management 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. 11 . Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION . For the purposes of this section , property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION . 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 Jon Dodrill , Environmental Administrator Indian River County Fish and Wildlife Conservation Commission 18402 51h Street 2590 Executive Center Circle East, Suite 203 Vero Beach , Florida 32960 Tallahassee , Florida 32301 (772) 226-1568 (850) 922-4340 , Ext 209 jgorham@ircgov. com jon . dodrill@myfwc. 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 Page 2 of 19 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 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 Workers' 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 . 19. 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. 20 . 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 21 . 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 22 . 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 Page 3 of 19 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 records and allow access to such records for audit purposes. LIABILITY 23 . 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 24 . 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 25. 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 26. 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 27. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION . 28 . 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 29 . 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 30. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. Page 4 of 19 JURY TRIAL WAIVER 31 . 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 32 . The GRANTEE, and its primary subcontractor, Florida Institute of Technology , agree to follow all requirements of Section 287 . 057 , Florida Statutes, for the procurement of commodities or contractual services under this Agreement. In the event of purchases of nonexpendable equipment under this Agreement are between $2500 and $7500 the GRANTEE or the primary subcontractor, Florida Institute of Technology, will obtain a minimum of three telephone quotes documenting product item , the vendor name , address , and phone number and the vendor's FEID number. Purchases of nonexpendable equipment under this Agreement in the amount of $7, 500-$25, 000 require the written notification with written specifications to at least three vendors who then must provide a written response . For purchases of nonexpendable commodities or contractual services exceeding $25, 000 the GRANTEE or its subcontractor, Florida Institute of Technology will publicly advertise and send bid specifications to a minimum of four (4) potential vendors. 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 is authorized by the Commission to utilize the Florida Institute of Technology as a sole source primary subcontractor for this project. Any request to utilize any other subcontractors as a sole source vendor for additional commodities or services provided must be requested and justified in writing and approved by the COMMISSION 's Contract Manager. 35 . The GRANTEE shall submit a copy of the draft subcontract with the Florida Institute of Technology to the COMMISSION's Contract Manager for approval within ninety ( 90) days following the execution date of this Agreement. 36. For any nonexpendable purchases or leases exceeding $2 , 500 a summary of the vendor replies and recommended vendors selected by the Grantee or its subcontractor, Florida Institute of Technology under paragraph 32 must be sent by the GRANTEE to the COMMISSION 's Contract Manager prior to the purchase or lease of the nonexpendable item . 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 $7, 500 shall be in writing . 38. The GRANTEE agrees to acknowledge the role of Florida saltwater fishing license funding in any publicity related to 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 for personal consumption of all marine species regulated under Chapter 68B, Florida Administrative Code by any means whatsoever by any individuals operating from vessels or working from the shoreline 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 Page 5 of 19 organisms for personal consumption from monitoring sites designated under this agreement by personnel or other individuals on board vessels or working from shore while 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 . If prohibited fishing gear is proposed for use or harvest outside of recreational bag limits of marine organisms regulated under Chapter 68B Florida Administrative Code is required for research purposes, then a Special Activity License (SAL) must be obtained from the COMMISSION's Division of Marine Fisheries Management by contacting Lisa Gregg at 850 . 488. 6058 , extension 210 . FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 41 . 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. 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 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. PROPERTY/EQUIPMENT 45. All expendable supplies and equipment and non-expendable equipment items individually purchased for $7, 500 or less for purposes of use under this Agreement may remain the permanent property of the GRANTEE or if so designated by the GRANTEE and approved by the COMMISSION's Contract Manager, may remain in the permanent possession of the primary research subcontractor, Florida Institute of Technology. Non-expendable equipment items individually costing more than $7, 500 using funds provided herein for purposes of use under this Agreement shall remain the property of the COMMISSION . The GRANTEE's Contract Manager shall complete and sign a Property Reporting Form, provided herein as Attachment D , and forward it along with the appropriate invoice to the COMMISSION's Contract Manager. The following terms shall apply to those non-expendable items individually exceeding $7, 500 in purchase price: 1 . The GRANTEE shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed within the time period of the agreement. Page 6 of 19 2 . The GRANTEE is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition . 3 When any individual non-expendable piece of equipment of purchase price value greater than $7 , 500 is no longer needed for the research to be conducted under this Agreement, the GRANTEE will return this non-expendable personal property or equipment purchased under the terms of this Agreement to the COMMISSION . 4 . However, if the GRANTEE desires to purchase the equipment when no longer needed , the COMMISSION may, at its discretion and subject to approval of the COMMISSION's Surplus Property Review Board , and in compliance with federal regulations , if applicable , elect to sell that non-expendable equipment exceeding $7, 500 in purchase price to the GRANTEE for its fair market value as of the date of title transfer. 5. The GRANTEE is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the COMMISSION . 46. The GRANTEE or its primary subcontractor, Florida Institute of Technology , is authorized to rent or lease any non-expendable equipment exceeding $7, 500 such as the RoxAnnMsystem or the DIDSONT" system in lieu of either purchasing or returning this non-expendable equipment to the COMMISSION at the conclusion of activities conducted under the Agreement. . RIGHTS IN INTELLECTUAL PROPERTY 47. 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 the Florida Institute of Technology. ENTIRE AGREEMENT 48. 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 . REST OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 19 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 COMMISONERS CONSERVATION COSION By: C By: _ 14eL (Autho ized Signatory') Dire or, bivision of Marine Fisheries or Designee Gary C Wheeler , BCz ' Chairman . ( Print Signatory's Name and Title) Date: L� rve 5 , 2007 Date : � -L�d Indian River County (Grantee) 1840 25th Street (Address) Vero Beach , FL 32960 (City, State, and Zip Code) 59 - 6000674 ( Federal Employer Identification Number) Approved as to form and legality: FWC Attorne Reimbursement Check Remittance Address: 1840 25th Street (Address) Vero Bezkh EI 32960 (City , tate , 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 Contract Payment Requirements Attachment C Requirements of the Federal and Florida Single Audit Acts Attachment D Property Reporting Form Exhibit 1 State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission ArPRUVED AS TO FORM �.nlr" LE i� L SUFFICIENCY APPROVED • / . � / • B MAit1AN F , i: . L unty A ministretor .. T ^ouNTv TTORNEV Page 8 of 19 ATTACHMENT A SCOPE OF SERVICES INDIAN RIVER COUNTY ARTIFICIAL REEF MONITORING GRANT INTRODUCTION In this project, the grantee will employ and evaluate new methods for assessing nearshore natural and artificial reef structure and function . The results will be applicable for refinement of beach nourishment programs and development of more ecologically appropriate structures used to mitigate for loss of hard bottom structure in the near-shore region as well as improved assessment of beach renourishment impacts on natural nearshore communities . The approach will combine traditional visual , video and digital photographic assessment of selected habitats along with a suite of techniques that hold significant promise for analyzing the physical structure and biological characteristics of the habitats . Efforts will focus on several natural near-shore reef structures along the Indian River County coastline and on a 5 acre mitigation reef constructed by the County over the last few years . These new techniques include two different very high resolution sonar sensors . In addition , direct assessment of fishes will be performed using existing fishery sampling procedures that are not normally applied in the coastal zone . Reef sites to be examined include : 1 ) Mitigation reef, constructed of 42 , 500 tons of limestone boulders and 25 Reef Balls (3500 Ib size) . This reef is located along reference markers R 91 . 5 to R94 in Indian River county, and the geographic boundaries of the reef are : NW corner: 270 37 . 735'N x 800 20 .886' W NE corner: 27° 37 . 742'N x 80° 20 .866' W SW corner: 270 37 .261 'N x 800 20 .687' W SE corner: 270 37 .268'N x 800 20 .666' W 2 ) Natural reef sites, sectors 1 and 2 , located from R-5 to R-22 in Indian River County. There are six sites within this area that are of specific interest to the County, along transects from inshore edge of hardbottom habitat extending 150m offshore at R-5, R-6 . 5, R-8, R-9 . 52 R- 10 .5 , and R-22 . The high resolution sonar systems are the RoxAnnT system for acoustic ground discrimination and seabed mapping , and the DIDSONTM system for assessment of the abundance and size distribution of fishes and turtles inhabiting the region . The RoxAnnTM system will be mounted on a small vessel for acoustical high-resolution mapping of the selected near-shore bottom areas . Sand , bare rock, rock with fleshy macroalgal growth , rock with filamentous algal growth , encrusting sponges, and worm rock are expected to produce clear patterns of acoustic returns due to the differences in hardness and roughness of the surfaces . Other categories that become apparent from the patterns in the acoustic data will also be surveyed and ground-truthed to identify corresponding bottom type . Using an acoustic means of determining bottom type removes our reliance on clear water and calm seas for aerial photography and direct diver observations, thus allowing us to map bottom areas and quantify benthic habitats throughout the year to evaluate intra-annual variation in burial and exposure of reef area . Use of the RoxAnnTM will initially be coupled with standard diver-operated survey techniques , including quadrat analysis using digital photography, so we anticipate conducting initial operations under calm sea conditions (<2' sea height or less in the near shore region ) . The DIDSONT sonar is a high-frequency sonar, initially developed for port security applications, that is rapidly finding many applications in fishery biology. This sonar uses focused nearly-parallel sound beams to generate highly detailed "pictures" of stationary structures and moving organisms. Recent trials of the DIDSONTM sonar in the Indian River Lagoon and St. Johns River demonstrated the ability to count, measure and observe the behavior Page 9 of 19 of fish as small as 2" anchovies against a rock background to as large as manatees and alligators . In the near- shore artificial reef systems to be studied , we also anticipate observing sea turtles that utilize the reef structures, and all turtle encounters will be documented and reported . The DIDSONTM will initially be used in concert with standard underwater video surveys to directly compare the utility of both methods . In addition to the new sonar-based and standard visual assessment techniques , direct fishery sampling procedures will also be employed to determine the species composition and relative abundance of fishes in the different habitats . Because each type of sampling technique has inherent limitations , a multi-faceted sampling program will be used . Sampling methods include beach seines, entanglement nets and traps . Seine nets are commonly-used tools for the quantitative assessment of fishes in many habitats . They are the primary sampling technique used by the FWCC 's Fisheries Independent Monitoring Program in the adjacent Indian River Lagoon and other estuaries throughout the state . However, current seine surveys of fishes in and near the surf zone are severely constrained by the difficulties in deploying and operating standard nets along the shore, especially when sharp drop-offs in the substrate , high surf, and strong along-shore currents prevent successful seining . Because of the difficulties in using standard seine survey techniques, the approach will be modified for use on the open coast. We will deploy large seine nets from a boat, using procedures similar to that employed by shore-based commercial seine net fishermen . The standard net will be a 300' long x 8 ' deep center bag seine made of 1 " mesh . To capture smaller juveniles that would pass through the 1 " mesh of the large net, a 50' long x 6 ' deep 1/4" mesh seine will be used when surf conditions permit . These nets will be used to sample surf-zone fishes in sandy areas adjacent to both natural and artificial reef structures . Although seines will provide a broad assessment of species within 100' of the shoreline , they will not be functional in deeper water, nor will they be efficient at capturing some of the species capable of avoiding the net during deployment. The grantee will seek regulatory permission from the FWCC Special Activities License Program for limited use of 100' x 6' multi-panel mesh gill nets to be deployed between moored buoys above reef structures in the targeted areas . The nets will be fished for no more than 30 minutes at a time , and will be constantly tended to ensure that sea turtles and large fishes are recovered and immediately released . To asses the abundance of fishes immediately within or adjacent to the reef structures , two types of weighted fish traps will be baited and deployed for 8- 12 hour periods from pre-set moorings on sandy habitats or immediately adjacent to reef habitats . Both of these traps are made of coated wire mesh , and are designed to capture small to medium sized demersal and bait fishes in saltwater environments (http ://www.catchnbait.com/pinfish-bait-fish- traps .htm ) . The small 11 " x 11 " x 22" trap is made with 0 . 5"" x 1 " mesh , and two 1 .5" wide funnel entrances . This low-profile trap should nestle easily within the contours of natural reef structures . The larger trap is 18" x 17" x 24" ( 1 " mesh ), with 2" funnel entrances . Both traps are equipped with "exit wall construction" to hinder fish escape . Full development of these sampling techniques will enable far more comprehensive analyses of the physical and community structure of east central Florida near-shore reefs than are presently possible . The techniques can then be used to improve our ability to determine impacts of beach nourishment on the protected coastal reef communities and to assess the function of different types of mitigation reef designs . Specific Research Objectives 1 ) Assessment of Benthic Habitat Structure . a) Gear testing and ground truth analysis : The RoxAnnTM sonar system will be used to assess the structure and composition of benthic habitats in the nearshore natural and artificial reef systems . The initial surveys will be conducted to "ground-truth" the RoxAnnTM to verify the signal characteristics of each type of bottom structure . These ground truth surveys will be conducted using sequential scanning of specific habitats using the RoxAnnTM followed by diver surveys using visual assessment, as well as video and still photography. b) Temporal and spatial assessment of benthic habitat structure : Following the initial development of RoxAnnTM sampling procedures, the grantee will establish a bi-monthly sampling program to evaluate the temporal and spatial changes in benthic habitat structure . This assessment Page 10 of 19 of seasonal patterns in burial/emergence of benthic structures and changes in epibenthic biota will be conducted by repeated observations at sites marked by their GPS coordinates . 2) Evaluation of the DIDSONT" sonar for assessing fish abundance around benthic structures a) Initial equipment evaluation period : For initial evaluation of the DIDSONTM sonar, the grantee will arrange to lease the instrument for 2-3 weeks during the spring 2007 , and again in mid-late summer 2007 . Depending on the trial performances of the DIDSON the rental costs may be applied to eventual purchase of the unit which will remain the property of the Commission . b ) Evaluation methodology: A number of approaches will be used to test the sonar and to determine the optimal methods for use. One method will involve direct comparison between video and sonar observations . A single mounting frame will be constructed to hold both an underwater video camera and the DIDSONTM sonar transducer. The mounting frame and instrument array will be deployed in a variety of ways . When conditions permit, a diver will be able to swim along short transects , collecting simultaneous visual and sonar records of the objects in front of the array. At other times, both in calm conditions and when divers cannot operate safely, the instrument array will be attached to a weighted tripod . The tripod will then be lowered to the bottom and visual/sonar data on fish abundance and species composition will collected as fish (and perhaps sea turtles ) pass in front of the stationary observation platform . For both of these methods, we expect that the sonar will have a much greater observational range than the video system . However, as fish enter into the shorter range of the video and can be identified , we should be able to track and identify their sonar targets , developing the basis for sonar identification based on target shape and behavior. Additional deployment methods will be tested , including nighttime studies in selected locations using the sonar alone, and long-term (hours) evaluations that will help determine the temporal variability of fish abundance in specific habitats . c) Habitat assessment: The initial sensor methodology will be tested in the series of nearshore natural and artificial reef systems that will be characterized by the RoxAnnTM sonar. GPS locations of all video and sonar data will be used to characterize the fish fauna and substrate composition of each habitat type . 3) Direct Assessment of Fish Abundance and Species Composition . a) Assessment of fishes in near-shore sandy habitats adjacent to reef structures : Two types of seine nets will be employed to sample fishes in the surf zone near natural structures ; the existing artificial reef structures are too far offshore for inclusion in this portion of the study. Operations will require coordinated efforts of a boat crew and participants on shore. A 300' long x 8' deep center bag seine made of 1 " mesh will be used to capture the large and more mobile fishes that inhabit the near shore habitat . This net will be deployed from a boat as it moves outside the surf zone, stretching the net parallel to the shore . Lines attached to the ends of the net will be passed to the shore crew with a "pneumatic line thrower ' that is typically used to pass towing lines from tugs to other vessels , for mooring or rescue operations, and for military operations ( Restech Norway; www. restech . no). These line throwers can "shoot' a line over a distance of 70- 100 m . Once the lines are passed to shore, the crew will be able to draw the seine through the surf, thus capturing fish in the near shore region . A similar approach will use a 50 ' long x 6' deep ('/" mesh ) seine to capture juveniles that would pass through the mesh of the larger net. Once these techniques are developed , a bimonthly census of fishes will be conducted in the near-shore region that will involve at least 3-6 tows with each type of net in the vicinity of natural reef structures . Sites for these tows will be selected for their proximity to the sites surveyed by the RoxAnnT"' and DIDSONT instruments . If feasible, the DIDSONTM will be used to observe the deployment of the nets, and the behavioral responses of the fishes to the capture techniques . b) Assessment of fishes in and above reef structures : Two types of sampling gear will be used to directly sample the fish fauna immediately around natural and artificial reef structures . To capture the fishes moving above and around the reefs, 100' x 6' multi-panel mesh Page 11 of 19 gill nets (33 ' each of 6" , 4" and 2" mesh ) will be deployed between moored buoys above reef structures in the targeted areas . The nets will be fished for no more than 30 minutes at a time , and will be constantly tended to ensure that sea turtles and large fishes are recovered and immediately released . Bimonthly surveys involving 3-6 deployments of the net will be conducted at natural and artificial reef sites characterized by the sonar survey techniques . Because of the extreme effectiveness of gill nets , the technique is prohibited for use in Florida , so special approval will be requested through the Commissions Special Activity License (SAL) program . To capture demersal fishes closely associated with the reef structures , bimonthly surveys will deploy 6 baited fish traps at the natural and artificial reef sites . These traps will be deployed for discrete 8- 12 hour daytime and nighttime sampling episodes . 4) Comprehensive Data Analysis All data collected by all sampling techniques will be entered into a GIS-based data platform to enable comparisons of the different data sets and full characterization of each of the natural and artificial habitats . The grantee will work closely with the subcontractor, Florida institute of Technology to incorporate the collected and analyzed data into the Grantee's own reef monitoring programs , although this effort will not supersede or replace the regulatory requirements presently in place . 5) Development of Future Research Key components to this research are to characterize the structure and function of natural reefs along the east coast of Florida and to determine if and how artificial reefs can approximate the function of the natural reefs . Our initial monitoring of artificial reef habitats will test only one of the many types of reef structures that are available or have been proposed . We envision that development of the techniques described in this proposal will be of significant use for assessment of diverse types of reef structures . We therefore will begin to develop a series of experimental reefs that can be deployed and tested for several years , and then removed if necessary. In this component of the project, we will begin to identify potential locations for the artificial reef testing site, and begin seeking the appropriate regulatory approvals for this endeavor. DELIVERABLES The grantee is required to submit: 1 ) Written or electronic monthly activity reports summarizing field and administrative activities related to progress toward completion of the above activity submitted to the Commission within the first 5 days of each month after the signing of this contract. 2) Written or electronic status reports summarizing field and administrative activities and summarizing collected data related to progress toward completion of the above activity submitted to the Commission at quarterly intervals , due on or before : June 4, 2007 September 3, 2007 December 3, 2007 February 4 , 2008 3 ) A draft final report due on or before November 2 , 2008 to provide at least 30 days for technical peer review and comments by the Commission staff prior to the grant expiration date, Page 12 of 19 4) A final report due on or before the grant expiration date describing the project with an evaluation of the work performed and the results and benefits in sufficient detail to enable the Commission to assess the success of the completed project. At a minimum , the final report shall contain the following , including any additional comments by the FWC submitted in review of the draft : a . A narrative section describing methods , results , statistical analysis; b . A discussion section to provide : i . conclusion and interpretation of results; ii . comparison of conclusions with other studies; iii . possible future research questions ; iv. problems that limited the results of the project. c. Tables, charts and graphs ; 5) All raw and summarized data , along with all (if available) digital images and video will be required and must be provided on accompanying CD (s) and/or DVD(s) . 6) The entire hard copy final report also provided as a bookmarked Adobe Acrobat ( . pdf) file on a CD rom , suitable for posting on the internet. INVOICES AND PAYMENTS The Grantee will be reimbursed only for budgeted expenses incurred during the agreement time period that are directly related to the project . REST OF PAGE INTENTIONALLY LEFT BLANK Page 13 of 19 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 I of 1 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 11 : 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 . Page 15 of 19 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 , 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 letter 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 : Page 16 of 19 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 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.ph i I i Ds(& m vfwc.conn 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 17 of 19 ATTACHMENT D PROPERTY REPORTING FORM FOR FWCC CONTRACT NO. CONTRACTOR: List non-expendable equipment/personal property" costing $7 , 500 or more purchased under the above contract. Also list all upgrades" under this contract, regardless of cost, of property previously purchased under a FWCC contract (identify the property upgraded and the applicable FWCC contract on a separate sheet). SERIAL NO. COST'* DESCRIPTION LOCATION / ADDRESS FWCC USE ONLY PC LC Not including software . Attach copy of invoice, bill of sale, or other documentation of purchase . CONTRACTOR: Contractor Project Manager: Date : ............... —•••••• BELOW FOR FWCC USE ONLY .... ••— — ............. FWCC CONTRACT MANAGER : COMPLETE AND SIGN THIS SECTION AND SEND ORIGINAL DOCUMENTS WITH THE INVOICE FOR PAYMENT TO FWCC FINANCE AND ACCOUNTING ; SEND COPIES TO THE FWCC PROPERTY SECTION . Organization Code : Contract End Date : FWCC Project Manager/Date / FWCC PROPERTY SECTION : Assign OCO Property Control (PC) number and Location Code (LC ) above . FWCC FINANCE AND ACCOUNTING : Above items should be recorded as OCO . FWC PROPERTY SECTION : Assign OCO Property Control ( PC) number and Location Code (LC ) above. FWC FINANCE AND ACCOUNTING : Above items should be recorded as OCO . Page 18 of 19 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 Amount: $250 ,000. 00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded . 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 19 of 19