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HomeMy WebLinkAbout2005-189 C o , INDIAN RIVER COUNTY, FLORIDA GRANT AGREEMENT NO , FWC - 04027 THIS AGREEMENT made and entered into on the 7th day of June , 2005 , by and between Florida Institute of Technology herein after called the Contractor, and INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , hereinafter called the County . WITNESSED : That the Contractor and the County , for the consideration hereinafter named , agree as follows : Article 1 . SCOPE OF WORK : The Contractor shall furnish all labor , services , equipment and perform all the work described in the Specifications entitled : INDIAN RIVER COUNTY 2005 MONITORING PROJECT ATTACHMENT A — SCOPE OF SERVICES GRANT AGREEMENT NO . FWC -04027 for Indian River County , Florida and shall do everything required by this Ag weement and Contract Documents . Payment shall be made in accordance with the Itemized Fee Schedule attached as Exhibit " B " and made a part of this agreement . Article 2 . COMMENCEMENT AND COMPLETION & DAMAGES : As time is of the essence , the Contractor will be required to commence wo k immediately after receipt of the notice-to- proceed and shall complete the project before December 23 , 2005 Article 3 . THE CONTRACT SUM : The County will pay the Contractor for pert rmance of the Contract , subject to additions and deductions provided therein , in current funds as follows : Numerical Amount $ 19 , 245 . 00 Written Amount Nineteen Thousand Two Hundred Forty Five Article 4 . ACCEPTANCE AND PAYMENT : Contactor may make application for two progress payments in the amount of $ 6 , 415 . 00 on June 30 and September 30 , 2005 . Progress payments will be subject to 10 % retainage . Upon submittal of final report , c ntractor may make application for final payment in the amount of $ 6 , 415 . 00 and release of retainage . Upon receipt of final report , the County Project Manager will review the report , and when he finds the work acceptable under the terms of the Contract and the Contract fully performed , he will promptly issue a final certificate , over his own signature , stating that thework provided for in this Contract has been completed , and acceptable under the terms and the conditions thereof. Withheld retainage will be paid to the Contractor by the County following County Commission approval of the final Contract payment . Before issuance of a final certificate , the contractor shall submit evidencesatisfactory to the County Project Manager that all payrolls , material bills , and other indebtedr ess connected with the work have been paid . The making and acceptance of the final paymen shall constitute a CONTRACT 1 waiver of all claims by the County , other than those arising from unsettled liens , from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor , except those previously made and still unsettled . Article 5 . INDEMNIFICATION : The Contractor, upon his part , agrees to protect , indemnify , save harmless , and insure the County from any liability to any persons for injuries to the person , including loss of life , or damage to property , resulting from the acts or omissions of the Contractor in performing his obligations under this Contract . The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor , and that neither the Contractor nor any of his servants , agents , or employees shall ever be considered to be an agent , servant or employee of the County . IN WITNESS WHEREOF , the parties hereto have executed this agreement the d ay and year first written above . FLORIDA INSTITUTE OF TECHNOLOGY 150 WEST UNIVERSITY AVE . MELBOURNE , FLORIDA 32901 By r MEN Witness ( SEAL ) Witness CUt /2 (corporate a eal is cce table in place of witnesses ) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION By Thomas S . Lowther, Chairman BCC Approved : June 7 , 2005 .- Attest Jeffery K . Barton , Clerk4f ou APPROVED : Indian River County Approved Date Administration L �� C unty A ministrator Budget Legal A PPA $ FORM Risk Management - ICIPublic Works 00,al,L Coastal Engineerin UNTY ATTORNEY CONTRACT 2 EXHIBIT "A" SCOPE OF SERVICES GRANT AGREEMENT FWC - 02105 STATEMENT ON DISCLOSURE ATTACHMENT A SCOPE OF SERVICES Monitoring of Artificial Reefs Located in Indian River Count 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 ( P -TB). The approximate coordinates of the . railroad tie patch reefs. are : North Latitude West Longitude Depth Permitted Site #2 270- 55 . 941 ' 80 ° 15 . 941 ' 66 feet Patch Reef 2NW Permitted Site #3 270 54 . 733 ' 80° 13 . 710 ' 71 feet Patch Reef 3NW Permitted Site #4 270 55 . 537' 800 12 . 733 ' 73 feet Patch Reef 4NW Permitted Site #4 27° 54 . 679 ' 80011 , 8631 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 tmc nsects . 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 crevi es 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 roposed 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 Proiect Timeline a . April-June 2005 : Spring Monitoring and Data Collection (Quantitative Assessment) Page /8 of 14 '7 '�" 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 implernenting an in situ visual survey method along the fixed transect, supplemented by a vi eographic 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: L 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 ground4ruthing 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 9of14 A � OX 4 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 mad . 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 max mum of $ 19 , 245 on a fee-schedule basis according to the cost per unit in the following table : Number Cost Monitoring Event Type of Events Per. Unit Total Cost Fish Census 16 $700 . 00 $ 119200 . 00 Final report preparation 1 $8 , 045 . 00 $ 87045 . 00 ( including data analysis ) TOTAL 9 $ 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 Ia er 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 . Acad mic 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 4 -3 1 EXHIBIT " B " ITEMIZED FEE SCHEDULE PAYMENT SCHEDULE 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 Events per. Unit Total Cost Fish Census 16 $ 700 . 00 $ 11 , 200 . 00 Final report preparation 1 $8 , 045 . 00 $ 87045 . 00 Including data anal cis TOTAL 9 $ 19,245. 00