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HomeMy WebLinkAbout2003-062 V p sh06 , FWC Grant No . 02105 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 , 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 June 30 , 20039 inclusive. In accordance with Section 287 . 058 (2 ) , Florida Statutes , 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 on a cost reimbursement basis in an amount not to exceed $ 15 , 000 . PAYMENTS 5 . The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices , accompanied by required reports or deliverables , and after acceptance of services and deliverables in writing by the COMMISSION 's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification ( FEID ) Number. An original and two (2 ) copies of the invoice shall be submitted . The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit Page 1 of 8 thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services . 6 . No Travel expenses , are authorized . 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Banking and Finance , Bureau of Auditing , Voucher Processing Handbook, Chapter 4 . , C . , 1 . (attached hereto and made part hereof as Attachment B ) , 8 , For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated , the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature . 9 . Invoices , including backup documentation , shall be submitted to : Keith Mille , Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U . S . Postal Service Mail : 620 South Meridian Street, Box MF- MFM Tallahassee , Florida 32399- 1600 For courier service : 2590 Executive Center Circle East, Suite 203 Tallahassee , Florida 32301 TERMINATION 10 . This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud , willful misconduct, or breach of this Agreement. 11 . Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination , by certified mail , return receipt requested , at least forty-five (45 ) days prior to the termination date specified in the Agreement. TAXES 12 , The GRANTEE recognizes that the State of Florida , by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13 . Unless a change of address is given , any and all notices shall be delivered to the parties at the following addresses : GRANTEE COMMISSION Jonathan Gorham , Environmental Analyst Keith Mille , Fisheries Biologist IV Indian River County FWCC Division of Marine Fisheries 1840 25"' Street 620 South Meridian St. , Box MF-MFM Vero Beach , Florida 32960 Tallahassee , Florida 32399- 1600 561 . 567-8000 x568 850 . 922 . 4340 x207 igorham (a. ircgov . com keith . milleWwc . stateftus Page 2 of 8 h Y AMENDMENT OR MODIFICATION 14 . No waiver or modification of this Agreement or of any covenant, condition , or limitation herein contained shall be valid unless in writing and lawfully executed by the parties . The COMMISSION may at any time, by written order designated to be a Modification , make any change in the work within the general scope of this Agreement (e . g . specifications , schedules , method or manner of performance , requirements , etc. ) . However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing . Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15 , The GRANTEE shall perform as an independent agent and not as an agent , representative , or employee of the COMMISSION . 16 , The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required . 17 . The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION . INSURANCE REQUIREMENTS 18 . To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims , or will secure and maintain during the life of this 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 . 19 . 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 20 , This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter 119 , Florida Statutes, and made or received by the GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21 , The GRANTEE shall maintain accurate books , records , documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, in accordance with generally accepted accounting principals . The GRANTEE shall allow Page 3 of 8 s 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 22 . Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents . However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768 . 28 , Florida Statutes . NON =DISCRIMINATION 23 . No person , on the grounds of race , creed , color, national origin , age , sex, or disability, shall be excluded from participation in , be denied the proceeds or benefits of, or be . otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24 . In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity; may not submit a bid , proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids , proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON -ASSIGNMENT 25 , This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION . PERFORMANCE AND REMEDIES 26 . The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION . 27 . It is understood by the parties that remedies for damages or any other remedies provided for . herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28 . This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida . Wherever possible , each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such Page 4 of 8 F prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith , in law or equity, shall be brought in Leon County, Florida . NO THIRD PARTY RIGHTS 29 . The parties hereto do not intend nor shall this Agreement be construed to grant any rights , privileges or interest to any third party. JURY TRIAL WAIVER 30 . As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTS 31 , The GRANTEE agrees to follow all requirements of Section 287 . 057 , Florida Statutes , for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $30 , 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 $30 , 000 . 32 . The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS ) does not preclude the GRANTEE from the requirements of Paragraph 31 , 33 . The GRANTEE shall include Attachment A (Scope of Services ) verbatim in all bid specifications . All bid specifications must be approved , in writing , in advance by the COMMISSION 's Contract Manager, prior to public advertisement or distribution . 34 . The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety(90 ) days following the execution date of this Agreement. 35 . Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION 's Contract Manager prior to awarding a sole source subcontract under this Agreement . 36 . A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION 's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37 , The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5 , 000 shall be in writing . 38 . The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 39 . The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40 . The GRANTEE agrees to follow all provisions of Section 370 .25 , Florida Statutes and Rule 68E- 9 , Florida Administrative Code during the term of this Agreement. Page 5 of 8 s 41 . The GRANTEE agrees to comply with all applicable federal , state , and local statutes , rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection . The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42 , 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 C , titled " Requirements of the Federal and Florida Single Audit Acts" , attached hereto and made a part of this Agreement, as applicable . 43 . 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 44 . 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 , FEDERALFUN.DS 45 . This agreement is funded in whole or in part by a grant from the U . S . Fish and Wildlife Service , Federal Aid in Sport Fish Restoration Program , -CFDA No . 15 .605 . Therefore , the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D . It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U . S . Fish and Wildlife Service . DEBARMENT AND SUSPENSION 46 . In accordance with Executive Order 12549 , Debarment and Suspension , the GRANTEE shall agree and certify that neither it, nor its principals , is presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency; and , that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction , with a person who is similarly debarred or suspended from participating in this covered transaction , unless authorized in writing to the Commission by the federal agency issuing the grant award . 47 . Upon execution of this Agreement by the GRANTEE , the GRANTEE shall complete , sign and return a copy of the form entitled "Certification Regarding Debarments , Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions" , attached hereto and made a part hereof as Attachment E . Page 6 of 8 w 48 . As required by paragraphs 47 and 48 above , the GRANTEE shall include the language of this section , and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE 's work under this Agreement. RIGHTS IN INTELLECTUAL PROPERTY 49 . All items , materials or products , of any description , produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted , patented , or otherwise protected as provided by law. Neither the GRANTEE , nor its employees , representatives or subcontractors , shall have any proprietary interest in the products and materials developed under this Grant Agreement. Because Federal funding is involved in support of this Grant Agreement, the Federal Government also reserves a royalty-free , nonexclusive , irrevocable right to reproduce , publish , or otherwise use said work ( including any future versions , updates and improvements ) , and to license the same rights and use to agencies and subdivisions of the Federal Government. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE , and to any not-for-profit subcontractors . ENTIRE AGREEMENT 50 . This Agreement represents that entire Agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing , and duly signed by each of the parties hereto , unless otherwise provided herein . REST OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 8 s 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 BOARD OF FLORIDA FISH AND WILDLIFE CO TY COMMISSIONERS CONSERVATION COMMISSION By By: (A thorized ignato Director, Division of Marine Fisheries or Designee ca n (Print Signatory's Name and Title ) Date : March 11 , 2003 Date : Indian River County (Grantee) 1840 25th Street (Address ) Vero Beach , FL 32960 - 3365 (City, State , and Zip Code) 5 9 -6 0006 74 Approved as to form and legality: (Federal Employer Identification Number) FWC Attorn Reimbursement Check Remittance Address : Indian River County Approved Date SAME Administration $ a (Address ) Budget Co . Attorney Risk Management ( City, State , and Zip Code) Department v� LA " If someone other than the Chairman .signs this Agreement, a � siaement s 3 03 that person to sign the Agreement on behalf of the Indian River County must accompany the Agreement . List of Attachments included as part of this Agreement: Attachment A Scope of Services Attachment B Comptroller's Contract Payment Requirements Attachment C Requirements of the Federal - Florida Single Audit Acts Exhibit 1 State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission Attachment D Federal Aid Compliance Requirements Attachment E Certification Regarding Debarment/Suspension Page 8 of 8 F ATTACHMENT A SCOPE OF SERVICES ' Continuation of monitoring comparing fished and unfished reefs on an Artificial Reef East Coast Demonstration Project (Indian River County)' Introduction This task is a 3rd year continuation 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. The project is intended to demonstrate to the public the potential habitat and fisheries resource enhancement value of artificial reefs under conditions where there is reduced fishing pressure . This is the final year of the three year monitoring project and has the sponsorship of a local county government, a university with a marine biology department, and a local fishing club . Under the current scenario , two of four reefs existing in three permitted sites will have unpublished locations for three years . The two remaining reefs will be fished . The four reef sites were permitted to Indian River County under ACOE Permit # 199700975 (GP-TB) . The approximate coordinates of the 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 ' 80013 . 7101 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 (eventually covering a 36 month period ) . Each of the four reefs will be surveyed at least two (two ) times during this agreement period . 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 two to four target fish species , 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 in order to calculate changes in catch per unit effort (CPUE) . User survey forms have been developed and distributed . 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 Page 1 of 4, Attachment A 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. Community parameters that do not depend on sample size such as the Bray-Curtis index of similarity (Clifford and Stephenson 1975 ) will test the hypothesis that the fish populations of the two treatment reefs are no more similar to each other than they are to the control reefs . The Shannon-Weiner species diversity index will be used to compare species richness and evenness . The reef monitoring to be funded consists of the following elements : 1 . Approximate Project Timeline a . March-May 2003 : Monitoring and Data Collection (Quantitative Assessment) b . May 2003 : Data Entry, Summary and Analysis C , June 2003 : 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 a 3 month sampling window. The total number of monitoring events will include a minimum of 8 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 . Data Analysis a. Analysis shall include a comparison of similarity and differences in patterns of community structure, relative abundance, and size of resident fishes for the following: i . Unfished reefs (reefs 2NW and 4NW) ; and ii . Fished Reefs (reefs 3NW and 4SE) . 4 . Deliverables a . Written or electronically submitted status reports will be submitted every 30 days : March 30, 2003 , April 30, 2003 , and May 30, 2003 . b . A draft report will be submitted to the Commission by June 1 , 2003 to provide 21 days for technical peer review by the Commission . Page 2 of 4, Attachment A C , A final report acceptable to the Commission, will be submitted for approval on or before June 25 , 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 other comparative studies looking at fished versus unfished artificial reefs ; 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. 5 . 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 6 . For satisfactory -completion -of the final report and a minimum of 8 monitoring events as described above, the COMMISSION agreesto pay the GRANTEE a maximum of $ 15 ,000 on a fee- schedule basis according to the cost per unit in-the following table : Monitoring Event Type Number Cost of Events Per Unit Total Cost Fish Census 8 $ 1 ,250 . 00 $ 10, 000 . 00 Final report preparation 1 $ 5 ,000 . 00 $5 ,000 . 00 (including data analysis) TOTAL 9 $ 15,000 .00 7 . 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 8 . 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. Page 3 of 4, Attachment A 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 4 of 4, Attachment A ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance , Bureau of 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 . Pursuant to 216 . 346 , Florida Statutes , a contract between state agencies including any contract involving the State University system or the State Community College system , the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs . compreq.224/rev. 12100 Page 1 of 1 , Attachment B ATTACHMENT C 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 $300 , 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 OMS 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 $300 , 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 $300 , 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 $300 , 000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215. 97 , Florida Statutes ; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10 . 550 (local governmental entities ) or 10 . 650 (nonprofit and for-profit organizations ) , Rules of the Auditor General . EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance , including state financial assistance received from the Commission other state agencies , and other non -state entities . State financial assistance does not include Federal direct or pass -through awards and resources received by a non - state entity for Federal program matching requirements . In connection with the audit requirements addressed in Part 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 Page 1 of 3 , Attachment C financial reporting package as defined by Section 215 . 97 (2 )(d ) , Florida Statutes , and Chapters 10 . 550 (local governmental entities ) or 10 . 650 (nonprofit and for-profit organizations ) , Rules of the Auditor General . If the recipient expends less than $300 , 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 $300 , 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 : Anthony Carro , Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building , Room 138 620 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 : Anthony Carro , Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building , Room 138 620 S . Meridian St, Tallahassee , FL 32399- 1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following : The Commission at the following address : Anthony Carro , Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building , Room 138 620 S . Meridian St . Tallahassee , FL 32399- 1600 Page 2 of 3 , Attachment C The Auditor General 's Office at the following address : Auditor General 's Office 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 : Anthony Carro , Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building , Room 138 620 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, Anthony Carro , by phone at (850) 921 - 1794 or by email at anthony . carro(a�fwc . state .fl . us PART IV: RECORD RETENTION The recipient shall retain, sufficient records demonstrating its compliance with the terms of this Agreement for a period of five ( 5 ) years from the date the audit report is issued , and shall allow the Commission or its designee , Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee , Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued , unless extended in writing by the Commission . REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3 , Attachment C EXHIBIT - FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : Federal Agency: U .S . Fish and Wildlife Service Federal Program : Federal Aid in Sport Fish Restoration Program CFDA Number: 15 . 605 State Agency: Florida Fish and Wildlife Conservation Commission State Program : Division of Marine Fisheries Artificial Reef Grants Program Recipient: Indian River County Amount: $ 11 ,250 . 00 (75 % of total project amount of $ 15 , 000) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : 1 . Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded . 2 . All provisions of Section 370 .25 , Florida Statutes and Rule 68E-9 , Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3 , The Grantee must comply with the requirements of all applicable laws , rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS -AGREEMENT CONSIST OF THE FOLLOWING : MATCHING FUNDS FOR FEDERAL PROGRAMS* : State Agency: Florida Fish and Wildlife Conservation Commission State Program : Division of Marine Fisheries Artificial Reef Grants Program State Funding Source : Marine Resource Conservation Trust Fund *Federal Agency: U . S . Fish and Wildlife Service *Federal Program : Federal Aid in Sport Fish Restoration Program *-CFDA Number: 15 . 605 Recipient : Indian River County Amount: $ 3 , 750 . 00 (25 % of total project amount of $25 , 000 ) SUBJECT TO SECTION 215 . 97, FLORIDA STATUTES ( Florida Single Audit Act) : None - State funds are for Federal Match only. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : Same as federal NOTE : Section .400(d) of OMB Circular A-133 , as revised , and Section 215 . 97, Florida Statutes , require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1 , Exhibit 1 ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS , SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $ 100 , 000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. 1 . The undersigned hereby certifies that neither it nor its principals is presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency. 2 . The undersigned also certifies that it and its principals : (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain , or performing a public ( Federal, State or local ) transaction or contract under a public transaction ; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property. (b ) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal , State or local) with commission of any of the offenses enumerated in paragraph 2 . (a) of this Certification ; and (c) Have not within a three-year period preceding this certification had one or more public transactions ( Federal , State or local) terminated for cause or default . 3 . Where the undersigned is unable to certify to any of the statements in this certification , an explanation shall be attached to this certification . Dated this 11th day of March , 2003 By: A0 ized Signature Contractor TypedName/Title Kenneth R . Macht , Chairman Grantee Name/Contractor Name Indian River County ian River County Approved Date Street Address Ind1840 25th Street Administration Budget Building , Suite Number N - 158 Co . Attorney ' Risk Management City/State/Zip Code Vero Beach , FL 32960- 3365 Department ki 3 30 Area Code/Telephone Number ( 772 ) 567 - 8000 , Ext . 1490 ( Page 1 of 2) debar.226/rev. 12/00 Page 1 of 2 , Attachment E INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION = LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1 . By signing and submitting this form , the certifying party is providing the certification set out below. 2 . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into . If it is later determined that the certifying party knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies , including suspension and/or debarment . 3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . 4 . The terms covered transaction , debarred , suspended , ineligible , lower tier covered transaction , participant, person , primary covered transaction , principal , proposal , and voluntarily excluded , as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations . 5 . The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the FWC or agency with which this transaction originated . 6 . The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction , " without modification , in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions . 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to , check the Nonprocurement List (Telephone No . (202 ) 501 -4740 or (202) 501 -4873 . ) 8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order. to render in good faith the certification required by this clause . The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . 9 . Except for transactions authorized under paragraph 5 of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended , debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment. (Page 2 of 2) debar.226/rev. 12/00 Page 2 of 2 , Attachment E FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Programs Part 523 Federal Aid Comollance Reaulrementa Chapter 1 Summary 523 FW 1 . 1 1A Purpose , The purpose of this chapter is to summarize (2) U , S . Fish and Wildlife Service Guidelines for Compliance guidance on those requirements generally applicable to with Federal Nondiscrimination Requirements grant programs . ( 3) U . S . Fish and Wildlife Service Federally Assisted 1 . 2 Applicability and Scope . In accepting Federal funds , Program Implementation Plan States and other grantees must comply with all applicable C . Requirements . Federal laws , regulations , and policies . This chapter is not all -inclusive . Exclusion of any specific requirement does not ( 1 ) Grantees may not , on the basis of race , color , or relieve grantees of their responsibility for compliance . national origin , select , locate , or operate project facilities Copies of reference materials can be obtained from the which will serve to exclude or limit opportunity for use or Regional Offices , Guidance on the following requirements is benefits , contained in this chapter . (2) Grantees shall make reasonable efforts to inform the A. Nondlscrlmination Requirements . public of opportunities provided by Federal Aid projects and Title VI of the Civil Rights Act of 1964 shall inform the public that the projects are subject to Title VI compliance . Section 504 of the Rehabilitation Act of 1973 (3) Though employment practices are not in themselves Age Discrimination Act of 1975 subject to Title VI , Title VI does apply to employment which Title IX of the Education Amendments of 1972 may affect the delivery of services to beneficiaries of a federally assisted program . For the purpose of Title VI , B . Environmental Requirements . volunteers or other unpaid persons who provide services to Coastal Zone Management Act of 1972 the public are included . Executive Order 11987 , Exotic Organisms 1 . 4 Section 504 of the Rehabilitation Act of 1973 (29 g U . S , C . 795) i Endangered Species Act of 1973 A. Summary . Ensures that no qualified handicapped t - National Environmental Policy Act of 1969 ( NEPA) person shall , on the basis of handicap , be excluded from participation in , be denied the benefits of , or be subjected to Floodplains and Wetlands Protection disc rim ination 'under any program or activity receiving Animal Welfare Act of 1985 Federal financial assistance . Coastal Barrier Resources Act of 1982 B , References . C , Historic and Cultural Preservation Requirements . ( 1 ) Regulations of the Department of the Interior (43 CFR Part 17) National Historic Preservation Act of 1966 (2) U . S . Fish and Wildlife Service Guidelines for Compliance D . Administrative Requirements . with Federal Nondiscrimination Requirements Uniform Relocation Assistance and Real Property (3) U . S . Fish and Wildlife Service Federally Assisted Acquisition Policies Act of 1970 Program Implementation Plan Debarment and Suspension C , Requirements . Drug -Free Workplace Act of 1988 ( 1 ) Grantees may not deny a qualified handicapped person Restrictions on Lobbying (PaL, 101 - 121 ) the opportunity to participate in or b6ftdfit from Federal Aid 1 . 3 Title VI of the Civil Rights Act of 1964 (42 U . S . C . project facilities or services afforded to others . 2000 ( d) ) . (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or A. Summary , Prohibits discrimination based on race , color , advisory board . or national origin in any ' program or activity receiving Federal financial assistance . " (3) The location of facilities shall not have the effect of excluding handicapped persons from , deny them the benefits B . References . of , or otherwise subject them to discrimination under any (1 ) Regulations of the Department of the Interior (43 CFR Federal Aid project , Part 17) 1 . 5 Age Discrimination Act of 1975 (42 U , S . C , 6101 ) 12/17/92 FWM 061 STATE GRANT PROGRAMS New ATTAr` 4JRfi = K1T n FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Proarems Part 523 Federal Aid Complienc # D Chapter 1-Summary 523-FW J JA A . Summary . Prohibits discrimination on the basis of age Management Program , the proposed project must. be in programs or activities receiving Federal financial reviewed for consistency with the management plan . assistance . Grantees may be required to submit a statement attesting to B . References , conformance with the Coastal Zone Management Plan . ( 1 ) Regulations of the Department of the Interior ( 43 CFR 1 . 8 Executive Order 11987 , Exotic Organisms , Part 17) A . Summary . Federal agencies shall discourage the States (2) U . S . Fish and Wildlife Service Guidelines for Compliance from introducing exotic species into natural ecosystems of with Federal Nondiscrimination Requirements the United States . In addition , Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic (3) U . S . Fish and Wildlife Service Federally Assisted species into ecosystems outside of the United States , Program Implementation Plan B . References . Executive Order 11987 , Exotic Organisms , C . Requirements . No person in the United States shall , on 42 FR 26949 ( May 25 , 1977 ) the basis of age , be excluded from participation in , be denied the benefits of, or be subjected to discrimination under any C . Requirements . program or activity receiving Federal financial assistance . ( 1 ) Any proposal for the introduction of an exotic species However , a grantee is permitted to take an action otherwise into a natural ecosystem by a State fish and wildlife agency prohibited if the action reasonably takes into account age as must include a biological opinion from the U . S . Fish and a factor necessary to the normal operation or achievement of Wildlife Service supporting the proposed introduction , any statutory objective of a program or activity . (2) To obtain a biological opinion , the State agency shall 1 . 6 Title IX of the Education Amendments of 197220 U . S . C . 1681 , et. seq . ( provide the Regional Director with a written request for the opinion together with any available information including , but A. Summary . Prohibits discrimination on the basis of sex in not limited to , NEPA documents , biological data , and project any education program receiving Federal financial plans . (3) assistance. After receiving a biological opinion , it will be the responsibility of the State agency to adhere to the B . References , recommendations outlined in that opinion . ( 1 ) Regulations of the Department of the Interior ( 43 CFR 1 . 9 Endangered Species Act of 1973 ( 16 U .S . C . Part 17) 1531 - 1534) . (2) U . S . Fish and Wildlife Service Guidelines for Compliance A. Summary . Actions funded under the Federal Aid with Federal Nondiscrimination Requirements programs must not jeopardize the continued existence of any C . Requirements . No person in the United States shall , on endangered or threatened species , or result in the the basis of sex , be excluded from participation in , be denied destruction or adverse modification of the habitat of the the benefits of , or be subjected to discrimination under any species . education program receiving Federal financial assistance . B . Reference , Section 7 Consultation Requirements , 43 FR For the purpose of Title IX , hunter education and aquatic 870 (Jan . 4 , 1978) 0 education project activities are considered education programs . C . Requirements , The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the 1 . 7 Coastal Zone Management Act of 1972 ( 16 U . S . C . continued existence of endangered or threatened species or 1451 ets seq . ) result in the destruction or adverse modification of critical A . Summary , The Act is intended to , ' preserve , protect , habitat. For projects which may affect an endangered or develop , and where possible , to restore or enhance , the threatened species , either beneficially or adversely , a formal resources of the Nation 's coastal zone . . . ' Section 7 consultation is necessary , The State is required to name the listed species and/or critical habitat included ; list B . References . Regulations of the Department of the name , description , and location of the area ; list Commerce ( 15 CFR 930) , objectives of the actions ; and provide an explanation of the C . Requirements , Federal Aid projects , which would impacts of the actions on a listed species or its critical ' significantly affect the coastal zone ' must be consistent with habitat , the approved State management programs developed under 1 . 10 National Environmental Policy Act of 1969 (42 the Act . Prior to submitting a Grant Proposal for a project in U . S . C . 4321 . 4347) o the coastal zone of a State with an approved Coastal Zone STATE GRANT PROGRAMS FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS Attachment D State Grant Programs Part 523 Federal Aid Comollance Regulrements Chapter 1 Summary , 523 FW 1 . 10A A . Summary . Requires that every proposed Federal action B . References , Regulations of the Department of be examined to determine the effects (beneficial or adverse) Agriculture , Animal and Plant Health Inspection Service It will have on the human environment and that the findings (APHIS) , 9 CFR Parts 1 , 2 and 3 ( 54 FR 36112 (Aug . 31 , be considered in decisions regarding its implementation . 1989) . B . References . C . Requirements , Grantees who use Federal Aid funds to conduct covered management or research or who engage in (1 ) Regulations of the Council on Environmental Quality interstate shipment of animals should contact the local implementing the procedural provisions of NEPA , (40 CFR Animal and Plant Health Inspection Service (APHIS ) office 1500. 1508) 4 for instructions . A list of the APHIS offices may be obtained (2) Departmental Manual , Environmental Quality , Part 516 , from the Regional Offices . (3) Fish and Wildlife Service Manual , National 1 . 13 Coastal Barriers Resources Act of 1982 (16 U . S . C . Environmental Policy Act , Part 550 . 3501 ) , as amended by the Coastal Barrier Improvement (4) National Environmental Policy Act Handbook for Federal Act of 1990 (P , L. 101 . 591 ) Aid Projects . The Assistant Director - Fish and Wildlife A . Summary . The purpose of the Acts are I . . . to minimize Enhancement is authorized , to promulgate the National the loss of human life , wasteful expenditure of Federal Environmental Policy Act Handbook for Federal Aid Projects . revenues and damage to fish and wildlife , and other natural resources associated with coastal barriers . . . ' C . Requirements . Each action proposed for Federal funding must include an Environmental Assessment (EA) , B . References . U , S , Fish and Wildlife Service Advisory Environmental Impact Statement (EIS) , or show that the Guidelines , 48 FR 45664 (Oct. 61 1983) * proposed activity is covered by one or more categorical C . Requirements . Activities conducted within a unit of the exclusions. For specific requirements and procedures , see Coastal Barrier Resources System must meet the National Environmental Policy Act ( NEPA) Handbook for requirements of section 6 of the Act. Section 6 requires �. Federal Aid Projects . consultation with the Service , via the appropriate Regional 1 . 11 Floodplains and Wetlands Protection. Office . A . Summary . Federal Aid funds may not be used for 1 . 14 National Historic Preservation Act of 1966 , 16 projects affecting floodplains or wetlands unless there is no U . S . C . 470 , practical alternative outside the floodplain or wetland and A. Summary . Federal agencies may not approve any grant only if actions are taken to minimize the adverse effects , unless the project is in accordance with national policies B . References . Irelating to the preservation of historical and cultural ( 1 ) Executive Order 11988 , Floodplain Management, 42 FR properties and resources . 26951 (May 25 , 1977) . B . References . (2) Executive Order 11990 , Protection of Wetlands , 42 FR ( 1 ) National Register of Historic Places (36 CFR 60) . 26961 (May 25 , 1977) . (2) The Archeological and Historic Preservation Act of 1974 , (3) Department of Interior Procedures for Implementation , 16 U . S . C . 469a . 520 DM 1 . ( 3) Procedures for the Protection of Historic and Cultural (4) Natural Resources Protection , 613 FW . Properties (36 CFR 800) , C . Requirements . The Executive orders on floodplains and (4) Determinations of Eligibility for Inclusion in the National wetlands require Federal agencies to review proposed Register of Historic Places (36 CFR 63) . ' actions to ensure that there are no practical alternatives ( 5) Criteria for Comprehensive Statewide Historic Surveys outside the floodplain or wetland , and to ensure that and Pians (36 CFR 61 ) , potential harm is minimized . If there are no practical alternatives to proposed projects in floodplains or wetlands , (6) Cultural Resources Protection , 614 FW , actions to minimize the adverse effects should be C . Requirements . incorporated Into the project plans . 1 . 12 Animal Welfare Act of 1985, 7 U , S . C . 2131 , et aeq . (1 ) States must consult with the State Historic Preservation Officer ( SHPO) for those activities or projects that are A . Summary . Requires the humane treatment of animals defined as undertakings under the National Historic (exclusive of fish) used in research , experimentation , testing , Preservation Act . An undertaking is defined as a project , and teaching . activity , or program that can result in changes in the 12/ 17/92 FWM 061 STATE GRANT PROGRAMS New FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant Proarams Part -5-23 Federal Aid r` oMMn . » ,. s , Chapter 1 Summary i ti2A Rw 1 Jen (2) character or use of properties that are listed on or potentially may adversely effect it must be suspended . The Service eligible for listing on the National Register of Historic Places shall provide the State with instructions on how to proceed , ( National Register) and located within the project's area of potential effect . Undertakings include new and continuing 1 :15 Uniform Relocation Assistance and Real Property projects , activities , or programs and any of their elements Acquisition Policies Act of 1970 , as amended (42 U . S . C . not previously considered under Section 106 of the National 4601 ) Historic Preservation Act , A. Summary . Federal agencies may not approve any grant (2) In cases where a Federal Aid project has been unless the grantee provides Assurances that it will comply determined to be an undertaking , the State must notify the with the Act . Prices tb be paid for lands or Interests in lands appropriate Service Regional Director for guidance on how must be fair and reasonable (except when the price is fixed to proceed with Section 106 compliance , Based on the by law , or when the lands are to be acquired at public results of the consultation between the State and SHPO , the auction or by condemnation and the value determined by the Service will determine the need and level of inventory to court) . Persons displaced from their homes , businesses , identify historic properties that may be affected by the and farms must receive relocation services , compensation , undertaking and to gather sufficient information to evaluate and fair equitable treatment, whether these properties are listed or are eligible for listing B . References , in the National Register. ( 1 ) Department of Interior Uniform Relocation Assistance (3) Where completed inventories indicate that identified and Real Property Acquisition Regulations (41 CFR 114- 50) . historic properties may be affected by the undertaking , the State shall be responsible for submitting the necessary (2) Department of Transportation Uniform Relocation documentation to the appropriate Regional Director for Assistance and Real Property Acquisition for Federal and review . As necessary, the Service shall seek determinations Federally Assisted Programs (49 CFR Part 24) , of eligibility for those properties that are to be affected by C . Appraisal Requirements, the proposed activity . (4) If a State is advised by the SHPO that an undertakin ( 1 ) A real property owner or his designated representative g will adversely affect a property that is eligible for or listed on must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the National Register , the State shall ask the appropriate the property. The fact that it occurred must be documented Regional Director to determine measures for mitigating or in project files and in the appraisal report . avoiding impacts . This may require the development of a memorandum of agreement among the- Service , State , and (2) Real property must be appraised , the appraisal report State Historic Preservation Officer to address specific reviewed , and the fair market value established prior to measures that will be employed to avoid or minimize adverse initiation of negotiations with the owner , effects to . historic properties located within the area of . (3) If the acquisition of only part of a property will leave the potential effect. Adverse effects that may diminish the character and integrity of historic properties include ; owner with an uneconomic remnant , the State or other grantee must offer to buy the whole property . The term (a) Physical destruction , damage , or alteration of all or part ' uneconomic remnant' applies only to Title III of the Act and of the property, the necessity of the acquiring agency to offer to purchase such a remainder or the entire property , It is not to be (b) Isolation of the property from or alteration of the construed with the term uneconomic unit ' as it applies to character of the property 's setting when that character contributes to the property's qualification for the National the in lieu payment of farm operations under Title II of the Act. Register of Historic Places ; (c) Introduction of visual , audible , or atmospheric elements D, Negotiation Requirements , that are out of character with the property or alter its setting ; ( 1 ) An owner or his designated representative ' must be provided , in person or by certified mail , a written statement destruction ; and Neglect of a property resulting in its deterioration or of just compensation as determined in the appraisal process . deOffers of compensation cannot be less than the approved (e) Transfer , lease , or sale of the historic property , appraisal of fair market value of such property. If only a portion of the owner 's property is being taken and the owner (5) If a previously unknown property that is eligible for is left with an uneconomic remnant , the agency must offer to listing on the National Register is discovered at any time buy the whole property , during the implementation period of a Federal Aid project , the Regional Director must be notified and all actions which (2 ) Reimbursement to a real property owner for costs to `. convey a title must Include ; STATE GRANT PROGRAMS e v FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant proareme Part 523 Federal Aid Compliance Requirements I Chaoter 1 Summary 523 FIN 1 . 15D (2) ( at ( a) Recording fees , transfer taxes , and similar costs ; Moving and related expenses will be provided to displaced persons residing on real property including those persons ( b) Penalty cost for prepayment of pre - existing recorded owning a business or a farm . All payments must comply with mortgage ; and the requirements of the Uniform Relocation Assistance and ( c) Pro • rata portion of real property taxes allocable to a Real Property Acquisition Policies Act of 1970 , period subsequent to the date of vesting title . 1 , 16 Debarment and Suspension (3) All displaced persons (owners and tenants) must be A. Summary . Executive Order 12549 , Debarment and provided Information on their relocation benefits . Suspension , directs that persons debarred or suspended by E . Relocation Assistance to Displaced People . one Federal agency from receiving grants may not receive ( 1 ) A relocation plan must be prepared for displaced grants from any Federal agency , persons so that problems associated with displacement of B . References . individuals , families , businesses , farms and nonprofit ( 1 ) Executive Order 12549 , Debarment and Suspension , organizations are known at an early stage in a projects Feb . 18 , 1986 . development (see 49 CFR 24 . 205) . Planning may involve the following : (2) Department of Interior Rules , Governmentwide Debarment and Suspension ( Nonprocurement) , 43 CFR ( a) Who and what will be displaced . 12 . 100 - 12 . 510 ( b) The estimated number of dwellings , businesses , farms , C . Requirements . and nonprofit organizations displaced , including rentals . This estimate should contain : ( 1 ) States and other grantees must submit the certification (1) Currently available replacement housing , businesses , for PrimaryCoveredTransactions ( DI - 1953) . States certify as to their ' principals' , not the State agency . State farm , and organization sites ; principals are commissioners , directors , project leaders , or (ii ) Approximate number of employees affected ; other persons with primary management or supervisory responsibilities , or a person who has a critical influence on ( III) Types of buildings , number , and size of rooms ; or substantial control over Federal Aid projects . States may (iv) The needs of those displaced (Le , lifestyle) ; and provide the certification annually . Other grantees must provide the certification with each Application for Federal (v) Type of neighborhood , distance to community facilities . Assistance . church , etc . (2) States and other grantees must obtain from their ( c) List of comparable replacement dwellings , including subgrantees and contractors a certification for Lower Tier rentals , available on the market within a 50- mile radius Covered Transactions (DI - 1954) . A certification is not ( specialized units may require expanding radius) . When an required for small purchase procurements , currently defined adequate supply of comparable housing is not expected to as less than $25 , 000 . These certifications are normally be available , consideration of Housing of the Last Resort provided with an application or proposal from a subgrantee actions should be instituted , or contractor . (d) Estimate of cost of replacement housing by purchase (3) States and other grantees must not make any award , and/or rental per displaced person , and consideration of either by subgrant or contract , to any party which is debarred special needs like the elderly or handicapped , or suspended or is otherwise Ineligible under provisions of (e) Estimate of cost for moving . Executive Order 12549 , The U . S . General Services Administration maintains a list of parties debarred , . (2) Advisory Services for Displaced People . Advisory suspended , ineligible or excluded from participation in services must be provided for all persons occupying property Federal grants under the provision of the Executive order . A to be acquired and for all persons who use such real copy of this list is available , upon request , from the Regional property for a business or farm operation . Eligibility Director . requirements and corresponding benefits must be explained to all displaced persons . Assistance must be provided to 1 . 17 Drug - Free Workplace Act of 1988 . persons completing claim forms , obtaining moving services , A. Summary , The Drug - Free Workplace Act requires that and obtaining proper housing , all grantees certify that they will maintain a drug -free (3) Payment for Relocation of Displaced Persons . workplace . C Relocation expenses must be paid to a displaced person B . References . Department of Interior Rules , Drug - Free who purchases and occupies a replacement dwelling . Workplace Requirements , 43 CFR 12 . 600. 635 , 12/17/92 FWM 061 STATE GRANT PROGRAMS MAW ! FISH AND WILDLIFE SERVICE ' w STATE GRANT PROGRAMS State Grant Programs Part 523 Federal Ofd f nmplien , e ifoulrern onto Chapter i Summary $23 FW 1 , 17C C . Requirements . Grantee organizations must : ( 1 ) 0 Establish (and publish) a policy that informs employees that the manufacture , distribution , possession , or use of a controlled substance in the workplace is prohibited ; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace ; and (3) Provide a drug -free workplace certification to the Department of Interior or U . S . Fish and Wildlife Service . The forms for providing the certification are available from the Regional Director . State agencies may certify annually . If the State agency is covered by a consolidated certification for all State agencies , a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State . ) Grantees other than State agencies must submit the certification with each Grant Agreement, 1 . 18 Restrictions on Lobbying ( P . L. 101 - 121 ) A . Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract , grant , loan , or cooperative agreement . B . References . Department of the Interior Rules , 43 CFR Part 18 , New Restrictions on Lobbying . C . Requirements. ( 1 ) Recipients of Federal grants are prohibited from using Federal appropriated funds , e . g . grants , to pay any person for influencing or attempting to influence an officer or employee of any Federal agency , a member of Congress , or an employee of a member of Congress in connection with a specific contract , grant, loan , or cooperative agreement . (2) Proposals for grants in excess of $ 100 , 000 must contain a certification that no part of the funds requested will be used for lobbying . Copies of the certification form , Form DI - 1963 , can be obtained from the Regional Offices . (3) Recipients of grants in excess of $ 100 , 000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds . Form SF• LLL and SF - LLL-A , Continuation Sheet , shall be used for this purpose . Copies of the forms can be obtained from the Regional Offices , STATE GRANT PROGRAMS