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07/18/2018 Grant Agreement
DEP AGREEMENT NO.CM919 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM GRANT AGREEMENT PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter the "Department") and MONROE COUNTY BORAD OF COUNTY COMMISSIONERS,whose address 1100 Simonton Street,Suite 205,Key West,Florida 33040(hereinafter the"Grantee"),a local government to provide federal funding for the MONROE COUNTY HARRY HARRIS PARK VULNERABILITY ANALYSIS. Collectively, the Department and the Grantee may be referred to as "Parties" or individually as a"Party". WHEREAS, the Department is authorized to administer funds pursuant to the Coastal Zone Management Act (hereinafter the"Act"),in accordance with §380.22,F.S.;and, WHEREAS, the Department is the recipient of federal financial assistance from the National Oceanic and Atmospheric Administration (NOAA), awarded on July 1, 2018, pursuant to Cooperative Agreement Award No. NA18NOS4190080, for projects and activities that promote the protection and management of coastal resources in the State of Florida;and, WHEREAS, pursuant to §380.22, F.S., Chapter 62S-4, Florida Administrative Code (F.A.C.), and all rules adopted thereunder, as recommended by the Department's Florida Coastal Management Program (FCMP) and as approved by the NOAA process as appropriate,the Grantee is a subrecipient of federal financial assistance from NOAA. Thus, the Parties are responsible for complying with the appropriate federal guidelines in the performance of project activities pursuant to this Agreement. NOW,THEREFORE,in consideration of the premises and mutual benefits to be derived under this Agreement, and pursuant to the Act and all rules adopted thereunder,the Parties do hereby agree as follows: 1. TERMS OF AGREEMENT: The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A,Project Work Plan, and all attachments and exhibits named herein,which are attached hereto and made a part hereof. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably.The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity.Further,the Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state or local laws. 2. PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both Parties and end no later than June 30,2019,inclusive.The Grantee shall be eligible for reimbursement for work performed on or after July 1,2018 through the end date of this Agreement.This Agreement may be amended to provide for additional services if additional funding is made available by NOAA and/or the Florida Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement,the Department shall pay the Grantee,on a cost reimbursement basis,an amount not to exceed $15,000 for all eligible Project costs, upon the completion, submittal, and approval of the DEP Agreement No. CM919,Page 1 of 18 • deliverables identified in Attachment A,Project Work Plan.The Parties hereto understand and agree that this Agreement requires a cost sharing or match on the part of the Grantee in the amount of$15,000 in cash,in-kind,or third party in-kind,towards the work funded under this Agreement.It is understood that any additional funds necessary for the completion of this Project are the responsibility of the Grantee. B. The federal funds awarded under this Agreement may have Special Award Conditions restricting the release of funds. Projects receiving federal funding must comply with the National Environmental Policy Act (NEPA), which provides a framework for environmental analyses, reviews, and consultations. NEPA's project "umbrella" covers a project's compliance with all pertinent federal environmental laws.Any Special Award Condition restricting the release of funds will be described in Attachment A,Project Work Plan, and include the requirements that no work commence for certain Project activities under Attachment A, until FCMP and NOAA receive approval from the NEPA Environmental Compliance Review and that associated costs shall not be eligible for reimbursement until authorized by the NEPA Environmental Compliance approval. C. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent(10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both Parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following:an increase or decrease in the Agreement funding amount,a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A,exceeds or is expected to exceed ten percent(10%)of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both Parties as evidenced in writing. D. i. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs upon the completion,submittal,and approval of each Deliverable identified in Attachment A. Reimbursement shall be requested utilizing Attachment B,Payment Request Form,no later than fifteen (15) days following acceptance of the completed, submitted Deliverables by the Department. In addition to the Payment Request Form,the Grantee must provide a completed Exhibit I to Attachment B, Schedule of Invoices for Reimbursement; Exhibit II to Attachment B,Schedule of Match;copies of cancelled checks;copies of invoices; copies of Travel Reimbursements;FLAIR Report or other comparable accounting reports,if applicable; and copies of Volunteer Logs, if applicable. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures available at http://www.myfloridacfo.com/aadir/reference_guide/.All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. Failure to provide any required reports, deliverables, or documentation shall result in a delay in processing the payment until the appropriate information is provided to the Department. A final payment request must be submitted to the Department no later than August 15,2019,to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent period of time merely allows the Grantee to fmalize invoices and backup documentation to support the final payment request. If applicable, each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. All cost sharing and/or match shall meet DEP Agreement No. CM919,Page 2 of 18 the federal requirements established in 2 CFR §200.306. The final payment will not be processed until the match requirement has been met. Failure to comply with these reporting requirements will result in non-payment or termination of this Agreement. E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C,Contract Payment Requirements. The Payment Request Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable. Reimbursement and/or allowable match shall be limited to the following budget categories: i. Contractual Services (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Additionally, the Grantee may document these expenditures for meeting its match requirements. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty(30)calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Non-consumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200,Chapters 273 and/or 274,F.S.and Chapter 69-172,F.A.C.,and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any, impose this requirement,in writing,on its subcontractors. For fixed-price(vendor)subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(i.e.,Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor.Upon receipt of the Department Grant Manager's approval of the fixed-price amount,the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. F. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines),as appropriate.This information,when requested,must be provided within thirty (30)calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial DEP Agreement No. CM919,Page 3 of 18 Services' Reference Guide for State Expenditures; allowable costs and uniform administrative requirements for Federal Programs can be found under 2 CFR 200 and 2 CFR 1300, at http://www.ecfr.gov. F. i. The accounting systems for all Grantees must ensure that funds provided under this Agreement are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's or subrecipient's accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department fmds that these funds have been commingled,the Department shall have the right to demand a refund,either in whole or in part,of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund,and shall forthwith pay to the Department,the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the original payment(s)are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs incurred under this Agreement and reimbursed by the Department from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. G. The federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act(FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal fmancial assistance and expenditures)be made available to the public via a single, searchable website,which is www.USASpending.gov. Grant recipients awarded a new federal grant greater than or equal to $25,000 awarded on or after October 1,2010 are subject to the FFATA. The Grantee agrees to provide the information necessary,over the life of this Agreement, for the Department to comply with this requirement. 4. ANNUAL APPROPRIATON: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the availability of federal funding and grants from NOAA. The Parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period,problems encountered,problem resolution,schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Depaitment's Grant Manager no later than five(5)calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. Failure to provide the Quarterly DEP Agreement No. CM919,Page 4 of 18 Progress Report shall result in a delay in processing any payment request until the appropriate information is provided to the Department. B. The Grantee shall also submit a Final Project Report utilizing Attachment E, Final Project Report Form, attached hereto and made a part hereof, along with the final quarterly progress report. A draft of the Final Project Report shall be submitted electronically to the Department's FCMP Grant Manager for approval. After approval by the FCMP, one(1)hard copy and one(1)electronic copy of the Final Project Report shall be submitted to the Department's FCMP Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. C. If the purchase of equipment is authorized under paragraph 20 of this Agreement,then the Grantee shall comply with the property management requirements set forth in 2 CFR§200.313. An inventory of all personal property/equipment purchased under this Agreement shall be completed at least once every two(2)years and submitted to the Department's Grant Manager no later than January 31st for each year this Agreement is in effect. 6. RETAINAGE: The following provisions apply if the Department withholds retainage under this Agreement: A. The Depaitment reserves the right to establish the amount and application of retainage on the work performed under this Agreement to a maximum of ten percent(10%).Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. B. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct identified deficiencies within the timeframe stipulated in Attachment A. The Depaitment shall provide written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage. Grantee's failure to rectify the identified deficiency within the timeframe stated in Department's notice will result in forfeiture of retainage by Grantee. C. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment for the work and the retainage called for under the entire Attachment A. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. D. No retainage shall be released or paid for uncompleted work while this Agreement is suspended. E. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held,in accordance with invoicing procedures under this Agreement. 7. INDEMNIFICATION: 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,F.S. Further,nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 8. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination,the Department shall provide thirty(30)calendar days'written notice DEP Agreement No.CM919,Page 5 of 18 of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s)for termination. B. The Department may terminate this Agreement if the work described herein has not commenced within sixty(60)calendar days of the date of execution of this Agreement. Prior to termination,the Department shall provide thirty(30) calendar days' prior written notice of its intent to terminate and shall provide the Grantee an opportunity to inquire with the Depai tment regarding the reason(s)for termination. C. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days' written notice. If the Department terminates the Agreement for convenience,the Department shall notify the Grantee of such termination,with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed,the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement,the Grantee shall promptly notify the Department orally. Within seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated length and cause of the delay,the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused,or will be caused by a force majeure,the Depai talent may,at its discretion,extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God,strike,lockout,or other industrial disturbance,act of the public enemy,war,blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third-party approvals through no fault of the Grantee,and any other cause,whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event. E. The Department will decline reimbursement to the Grantee for services provided under the terms of this Agreement if the Grantee does not submit payment requests and quarterly reports in accordance with the provisions of paragraphs 3 and 5 of this Agreement. Quarterly Progress Reports received by the Department after the 56'calendar day following the completion of any quarterly reporting period will be considered late-filed and render the Grantee in default under the terms of this Agreement. 9. REMEDIES/FINANCIAL CONSEQUENCES: A. No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department,within ten (10)days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe,the Department may,in its sole discretion,either: 1) terminate this Agreement for failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)days. i. A CAP shall be submitted within ten(10)calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified DEP Agreement No. CM919,Page 6 of 18 above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Depai tuient from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. B. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A,Project Work Plan, and all attachments and exhibits,the Grantee shall be ineligible to be considered for funding under the Coastal Partnership Initiative (CPI) program for two (2) consecutive funding cycles. The Department shall make its determination of ineligibility within thirty(30)days of the Agreement end date and notify the Grantee in writing if determined ineligible. C. The Department shall have the right to demand a refund, either in whole or part, of the funds provided to the Grantee for noncompliance with the terms of this Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Inspector General of the U.S. Department of Commerce, NOAA, the Department,the State of Florida, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with federal funds shall be retained for five(5)years following final disposition. D. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Depai tinent's Inspector General in any investigation,audit,inspection,review,or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement,in writing,on its subcontractors. E. The rights of access in this paragraph are not limited to the required retention period but last as long as the records are retained. DEP Agreement No. CM919,Page 7 of 18 11. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph,the Grantee shall comply with the applicable provisions contained in Attachment F,Special Audit Requirements,attached hereto and made a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager listed in paragraph 17 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal financial assistance,the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination"(form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website: https:\\apps.fldfs.com\fsaa C. The Grantee should confer with its chief financial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3.D.of this Agreement,and except for those sub-grants or sub-contracts referenced in paragraph 12.C.,which require prior approval.The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Depaitinent shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Grantee agrees to comply with the procurement requirements contained in 2 CFR§200.317 through 2 CFR §200.326 for its selection of subcontractors. If the procurement is subject to the Consultant's Competitive Negotiation Act under Section 287.055,F.S. or the Brooks Act,the Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements C. The Grantee and/or the subcontractor shall not sub-grant or sub-contract any part of the approved project to any agency or employee of Depai talent of Commerce and/or other Federal department, agency, or instrumentality without the Depai tinent's prior written approval. D. The Depailinent of Environmental Protection supports diversity in its procurement'program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. E. In accordance with 2 CFR§200.321,the Grantee must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus areas firms are used when DEP Agreement No. CM919,Page 8 of 18 possible. The U.S. Depaituient of Commerce (DOC) encourages non-federal entities to utilize small businesses,minority business enterprises and women's business enterprises in contracts under fmancial assistance awards. The Minority Business Development Agency(MBDA)within the DOC will assist non-Federal entities in matching qualified minority business enterprises with contract opportunities. For further information visit MBDA's website at http://www.mbda.gov 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 14. LOBBYING PROHIBITION: A. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Florida Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed Agreement between the Grantee and the State,the Grantee my lobby the executive or legislative branch concerning the scope of services,performance,term or compensation regarding that Agreement. The Grantee shall comply with Sections 11.062 and 216.347,F.S. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal,state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: All notices and written communication between the parties shall be sent by electronic mail,U.S.Mail, a courier delivery service, or delivered in person.Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. DEP Agreement No. CM919,Page 9 of 18 17. CONTACTS: A. The Department's FCMP Grant Manager (who may also be referred to as the Department's FCMP Project Manager)at the time of execution for this Agreement is identified below: Toni R.Clanton,FCCM Department of Environmental Protection Florida Coastal Office(FCO) Florida Coastal Management Program 3900 Commonwealth Boulevard,Mail Station#235 Tallahassee,Florida 32399-3000 Telephone No.: 850-245-2184 Fax No.: N/A E-mail Address: Toni.r.clanton@dep.state.fl.us B. The Grantee's Grant Manager(who may also be referred to as the Grantee's Project Manager or Point of Contact)at the time of execution for this Agreement is identified below: Rhonda Haag Monroe County Board of County Commissioners 102050 Overseas Highway, Suite 246 Key Largo,Florida 33037 Telephone No.: 305-453-8774 Fax No.: N/A E-mail Address: Hagg.Rhonda@monroecounty-fl.gov C. The Grantee's Fiscal Agent at the time of execution for this Agreement is identified below: Pam Radloff,Finance Director Monroe County—Clerk of the Court 500 Whitehead Street Key West,Florida 33040 Telephone No.: 305-292-3534 Fax No.: N/A E-mail Address: pradloff@monroe-clerk.com In the event that any of the contact names or contact information listed above changes, written notice by electronic mail with acknowledgement by the other parties will be acceptable.Any subsequent Change Order or Amendment pursuant to paragraph 3.0 should include the updated contact name(s)and/or information. 18. INSURANCE: A. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: i. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any general DEP Agreement No. CM919,Page 10 of 18 liability policies. The minimum limits shall be$200,000 each individual's claim and$300,000 each occurrence. ii. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440,F.S., and employer's liability insurance with minimum limits of$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. iii. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability,bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: • $300,000 Automobile Liability Combined Single Limit for Company-Owned Vehicles,if applicable $300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance. Additional insurance may be required by federal law,where applicable, if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbor Worker's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm)or to the parties' insurance carrier. B. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub- grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. C. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further, notwithstanding the requirements above, if Grantee is self- insured,then the Department of Environmental Protection, its employees, and officers do not need to be listed as additional insureds. D. Deductibles. The Depaituient shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. E. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from the Department,the Grantee shall furnish the Depaitinent with proof of applicable insurance coverage by standard form certificates of insurance, a self-insured authorization, or other certification of self- insurance. DEP Agreement No.CM919,Page 11 of 18 F. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,the Grantee shall immediately notify the Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)calendar days after the cancellation of coverage. 19. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required under this Agreement. 20. EQUIPMENT: Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement.Attachment H,DEP Property Reporting Form is not applicable and shall be intentionally excluded. 21. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e)of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 22. QUALITY ASSURANCE: If the Grantee's Project involves environmentally-related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies,procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160,Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements,as Attachment I,Quality Assurance Requirements for Contracts and Grants If the Project does not involve environmentally-related measurements or data generation,this Attachment shall not be required and shall be intentionally excluded from this Agreement 23. DISCRIMINATION: A. The Grantee agrees to comply with the provisions of 15 CFR Part 8 "Nondiscrimination in federally Assisted Programs." No person, on the grounds of race, creed, color, religion, national origin, age, gender, 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. B. An entity or affiliate who has been placed on the State of Florida's discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Depailuient of Management Services, Office of Supplier Diversity at(850)487-0915. C. Grantee agrees to comply with the Americans with Disabilities Act(42 U.S.C.§ 12101,et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, state and local government services,and in telecommunications. DEP Agreement No.CM919,Page 12 of 18 D. Grantee must identify any products that may be used or adapted for use by visually-impaired, hearing-impaired,or other physically-impaired individuals. 24. DEBARMENT/SUSPENSION: In accordance with Presidential Executive Order 12549,Debarment and Suspension(2 CFR 180 and 1326),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 depai lucent or agency; and, that the Grantee 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 by NOAA to the Department. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 25. COPYRIGHT,PATENT AND TRADEMARK: The U.S. Department of Commerce, NOAA and the Department reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal and state government purposes: A. The copyright in any work developed under a grant or contract under a grant. B. Any rights or copyright to which a grantee or a contractor purchases ownership with grant support. C. All patent rights, copyrights and data rights must be in accordance with 2 CFR§200.315 and 37 CFR Part 401, as applicable. 26. GEOSPATIAL DATA COLLECTION AND SHARING: A. Environmental data and information collected and/or created under this Agreement will be made visible, accessible and independently understandable to users, free of charge or at minimal cost, in a timely manner(typically no later than two(2)years after the data are collected or created),except where limited by law,regulation,policy or security requirements. B. The Data/Information Sharing Plan (and any subsequent revisions or updates) will be made publicly available at the time of award and, thereafter, will be posted with the published data. Environmental data and information produced under this award and which are made public must be accompanied by the following statement: "These environmental data and related items of information have not been formally disseminated by NOAA and do not represent and should not be construed to represent any agency determination,view, or policy." Current Federal Geospatial Data Committee (FGDC) standards can be found at: http://www.fgdc.gov/metadata/csdgm/. Metadata that conforms to the proposed North American Profile of the International Organization for Standardization (ISO) 19115, which may be adopted by the FGDC, is also acceptable. C. NOAA may,at its own discretion,use information from the Data/Information Sharing Plan to produce a formal metadata record and include that metadata in a catalogue to indicate the pending availability of new data. Failing to share environmental data and information in accordance with the submitted Data/Information Sharing Plan may lead to disallowed costs and be considered by NOAA when making future award decisions. DEP Agreement No.CM919,Page 13 of 18 27. PUBLICATIONS,PHOTOGRAPHS,AUDIOVISUALS&SIGNS: Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Department's FCMP Grant Manager for review and approval. This does not apply to the required quarterly reports referred to in paragraph 5 of this Agreement. A. Publications, printed reports (other than the scientific, technical, or professional publications as identified in paragraph 27.B., below), audiovisuals (including videos, slides, and websites except that unless required under special terms of this Agreement,this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public)or similar materials must include the NOAA,DEP and FCMP logos (logos, which can be found at the FCMP website at http://www.dep.state.fl.us/cmp/grants/logos/index.htm or by contacting the Department's FCMP Grant Manager for a copy)and the following statement on the cover or the first page: "This(report/video/website/publication)was funded in part,through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended,National Oceanic and Atmospheric Administration Award No.NA18NOS4190080. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the State of Florida,NOAA,the U.S. Depai lnient of Commerce,or any of their subagencies." The next printed line shall identify the month and year of the publication. The Grantee must receive approval in writing from the Department's FCMP Grant Manager before beginning production and distribution of any audiovisual (e.g., video, slides, etc.) funded under this Agreement. The Grantee must apply for approval at least thirty (30) calendar days in advance. The, Grantee must also provide the Department's FCMP Grant Manager with shooting scripts and provide two(2)copies of the fmal audiovisual(e.g.,video,slides,etc.)upon completion. B. Publication of the results of research projects in appropriate professional journals is encouraged as an important method of recording and reporting scientific information. The Grantee is required to submit a copy to the Department when releasing information related to a funded project, which includes a statement that the project or effort undertaken was or is sponsored by the U.S. Depaituient of Commerce. The Grantee is also responsible for assuring that every publication of material(including internet sites)based on or developed under an award, except scientific articles or papers appearing in scientific,technical or professional journals, contains the statement shown in paragraph 27.A. above. C. Grantees must complete a signed Attachment J,Photographer Release Form and/or Model Release Form,to be submitted with project photos sent to the Department. D. Sign Requirements for Construction Projects: The Grantee shall erect a sign at the site of any construction project,maintain it during construction and the sign must remain at the site permanently. This requirement shall survive the completion date of the Agreement as established in paragraph 2. The sign must be at least 2'x 3'in size;the colors should complement the surrounding area;and must include the NOAA, Department and FCMP logos (available online at http://www.dep.state.fl.us/cmp/grants/logos/index.htm)and the following language: "The Florida Coastal Management Program funded this project with a grant from the NOAA Office of Ocean and Coastal Resource Management awarded under the Coastal Zone Management Act." The next printed line shall identify the completion month and year of the project. E. Acknowledgment Requirement for Interpretive Signs&Banners: Interpretive signs and banners must include the NOAA,Department and FCMP logos. DEP Agreement No. CM919,Page 14 of 18 28. CONTRACT PROVISIONS AND REGULATIONS: The Grantee agrees to comply with, and include in subcontracts and subgrants, the provisions contained in Attachment K,Contract Provisions for Department of Commerce Funded Agreements,attached hereto and made a part hereof. 29. LAND ACQUISITION Land acquisition is not authorized under the terms of this Agreement. 30. PHYSICAL ACCESS AND INSPECTION: As applicable,Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work,or storing or staging equipment,materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 31. PUBLIC RECORDS ACCESS: A. Public Records i. If the Agreement exceeds$35,000.00,and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement,the Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics, or means of transmission,made or received by the Grantee in conjunction with the Agreement (Public Records),unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1),F.S. ii. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public access to Public Records as required by law. B. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If the Grantee is a "contractor"as defined in section 119.0701(1)(a),F.S.,the following provisions apply: i. Keep and maintain Public Records required by the Department to perform the service. ii. Upon request,provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. iii. A contractor who fails to provide the Public Records to the Depaitnient within a reasonable time may be subject to penalties under section 119.10,F.S. DEP Agreement No. CM919,Page 15 of 18 iv. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract,if the contractor does not transfer the Public Records to the Department. v. Upon completion of the contract,transfer, at no cost,to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel,and any software formats the contractor is authorized to access. vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@dep.state.fl.us Mailing Address: Department of Environment Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 32. TERMINATION FALSE CERTIFICATION,SCRUTINIZED COMPANIES,BOYCOTTING: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 33. EXECUTION IN COUNTERPARTS: This Agreement,and any Amendments or Change Orders thereto,may be executed in two or more counterparts, each of which together shall be deemed an original,but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a".pdf' DEP Agreement No. CM919,Page 16 of 18 format data file, such signature shall create a valid and binding obligation of the party executing(or on whose behalf such signature is executed)with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof 34. SEVERABILITY CLAUSE: 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 hereon or in connection herewith shall be brought in Leon County,Florida. 35. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the parties. Any alteration,variations,changes,modification or waivers of provision of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM919,Page 17 of 18 • N.2.a IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year last written below. r c . w E MONROE COUNTY BOARD STATE OF FLORIDA DEPARTMENT.OF m OF COUNT MI LONERS E VIRONMENTAL PROT ON 0 c co By: !^ aft__ 6 Sign ture of Pers n Authorized to Sign Secretary or designee •N a 70 c Roman Gusted.County Administrator Rebecca Prado,Deputy Director 4 Z' 0 Date: I ( , ( 1°1r Date: l 1I r L. a) ROE COU ►„ pTTO;-NEY 11111, •c: as CraD flteGi •. . - x FE1D No.: 59-6187863 a . L. MERCADO - as DUNS No.: 073876757 AST. `' -lliaiii r 23 _ N co CFDA No.: 11.419 >+ as c CFDA Title: Coastal Zone Manatzement.Administration Awards 4 .ir For Agreements with governmental boards/commissions: If a person other than the Chairman signs this Agreement,a ca resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental d board/commission must accompany the Agreement: e 6' List of attachments/exhibits included as part of this Agreement: r4 co N •Specify Type Letter/Number Description(include number of pages) L. • x Attachment A Project Work Plan(6 Panes) t Attachment B Payment Request Form(9 Pages) `° x Attachment C Contract Payment Requirements(1 Page) `o Attachment D Progress Report Form(2 Pages) o•• Attachment E Final Report Form(4 Pages) rn Attachment F Special Audit Requirements(5 Panes) , V Attachment G Disclosure of,Lobbying Activities Attachment-/htentionallY Excluded Attachment H DEP Property Reporting Form .Attachment intentionally Excluded IF., Attachment 1 Quality Assurance Requirements for Attachment Intentionally ExcludedCD Attachment J Photographer Release Form&Model Release Form(3 Pages) . w Attachment Contract'Provisions for Department of Commerce Funded Agreements(5 tu Pages) . c o E t 0 as 4 DEP Agreement No.CM919,Page 18 of 18 Packet Pg.2209 ATTACHMENT A PROJECT WORK PLAN DEP Agreement# CM919 Project Title: Monroe County Harry Harris Park Vulnerability Analysis Grantee Organization Name: Monroe County Chief Elected Official or Agency Head: Roman Gastesi Title: County Administrator Address: 1100 Simonton St., Suite 205 City: Key West Zip Code: 33040 Area Code and Telephone Number: 305-292-4441 Area Code and Facsimile Machine Telephone Number: 305-292-4544 E-Mail Address: gastesi-roman(c�monroecounty-fl.gov Project Manager Organization Name: Monroe County Name: Rhonda Haag Address: 102050 Overseas Highway, Ste.246 City: Key Largo Zip Code: 33037 Area Code and Telephone Number: 305-395-9928 Area Code and Facsimile Machine Telephone Number: 305-292-4415 E-Mail Address: Haag-Rhonda(@,monroecounty-fl.gov Fiscal Agent Organization Name: Monroe County Name: Tina Boan Address: 1100 Simonton St. Suite 2-213 City:Key West Zip Code: 33040 Area Code and Telephone Number: 305-292-4467 Area Code and Facsimile Machine Telephone Number: 305-292-4515 E-Mail Address: boan-tina(uimonroecounty-fl.gov DEP Agreement No. CM919,Attachment A,Page 1 of 6 FEID No.: 59-6187863 DUNS No.: 073876757 Location: The Project will be located at 50 East Beach Road, which is located within the unincorporated area of Tavernier, Monroe County, Florida, 33070. Project coordinates are latitude 25.026778 and longitude -80.493471. Harry Harris Park Vulnerability Analysis ,,..... Legend i Harry Harris Park . © 4 2s , .-` :..,•..! is � ` 0Q' az 4• ..r...---C-aribbean rwe ' _ ti.Y. Dove Sauna Arctic-Ave v. • {1 II '4r. •,v; e I. n'diar 0 wit i 1 P Pacific Ave--*e u. �.'r : 1 aN c�{ M �� tlantic-Ave; ' �_ . - - e vv.4 I$ ev I ■e. /� `^u �'L g' or:I"' ! i R•o .� ?i: t a tit• 7 f .1.4.T. N ■ ,i.. .� S2- • i C•LL! ; ; .•s ,�a�1h ams•or C-anal-St .. 0 • e PEA Google Earth �,.' • a%� L• — P{a :R Sd• 6— 4Ir. 2000 All materials created must include DEP,NOAA and FCMP logos. A sample or electronic version is required to be sent to Toni.R.Clanton@dep.state.fl.us or 3900 Commonwealth Blvd. MS #235 Tallahassee, Florida 32399-3000 to receive prior approval from the FCMP Administrator. (See paragraph 27(A) of grant agreement for wording and details.) DEP Agreement No.CM919,Attachment A,Page 2 of 6 Scope of Work: The scope of work will include the completion of a vulnerability assessment at the Harry Harris Park owned and maintained by Monroe County. Harry Harris Park is a place to spend the day at the ocean. The beach, not open to the ocean, is a tidal pool safer for children. The basketball courts, Kiddie playground,pavilions and BBQ grills are close to restrooms and parking. Two softball fields host local teams. One of the most popular features in this park is its deep water easy access boat ramp. Maximum length for Vehicle plus trailer cannot exceed 45'. There are 15 parking spaces for vehicles with trailers for day parking only and this feature is heavily utilized by Park visitors. This assessment will proactively develop adaptation strategies to enhance the County's investment in an important State goal- the preservation and enhancement of public access in Florida. This analysis furthers the work of the County's Sustainability and Climate Plan ongoing under the GreenKeys plan which sets forth recommendations to plan appropriate uses and adaptation measures for areas. The analysis will review the aforementioned existing features within the property and identify necessary adaptation measures to protect it from storms and future impacts from sea level rise and other impacts/stress to maintain operations. The work will also enhance and protect the County's financial investment in preserving its use in perpetuity as a public facility with recreational boat access use and furthering the State's goals to preserve and protect public access. Total Budget Summary: Grant Match AGREEMENT TOTAL $15,000.00 $15,000.00 TOTAL GRANT FUNDS Categories Task 1 Task 2 Task 3 TOTAL BY CATEGORY Contractual $11,200.00 $2,800.00 $1,000.00 $15,000.00 SUB-TOTAL BY TASK $11,200.00 $2,800.00 $1,000.00 $15,000.00 TOTAL MATCH FUNDS Categories Task 1 Task 2 Task 3 TOTAL BY CATEGORY Contractual $0.00 $9,400.00 $5,600.00 $15,000.00 SUB-TOTAL BY TASK $0.00 $9,400.00 $5,600.00 $15,000.00 DEP Agreement No. CM919,Attachment A,Page 3 of 6 Task 1: ($11,200)Data Collection and Project Management: The Grantee has procured Amec Foster Wheeler Environment and Infrastructure, Inc. (Amec Foster Wheeler) in accordance with state law prior to execution of this Agreement. The goal is to gather data consistent with the public use for the Harry Harris Park, examining the vulnerability of the existing boat ramp and associated public use facilities such as playground, docks, and baseball fields, and planning for potential improvements such as the implementation of green infrastructure to capture stonnwater and account for rising sea levels. Amec Foster Wheeler will evaluate the available existing data which includes: 1. Previous sea level rise modelling from the GreenKeys Plan 2. Review of the County's Local Mitigation Strategy to the extent applicable 3. Amec will also account for related impacts to the Park such as flooding associated with intense rainfall and high wind events based on an agreed upon set of scenarios consistent with other climate planning work undertaken by the County 4. Building, sea wall and property elevations such as elevation certificates 5. Plans,renderings, drawings or surveys of recent construction at the site 6. Other relevant similar waterfront projects and best practices from same This Task will also include the development of a list of available reference data for the site and previous modelling from the Green Keys Plan to create a more detailed site specific analytical strategy for future flood risk from sea level rise and storm surge & a"Gap Memorandum". The Gap Memorandum will identify available and needed data sources to complete a full vulnerability analysis for the site with project management discussion to determine if needed data is available and how to close any identified discrepancies. Amec Foster Wheeler will develop the Gap Memorandum, conduct a kick-off meeting, stake holder meeting, and two Board of County Commissioners Meetings (BOCC) to discuss the Draft and Final Vulnerability Analysis. Some of these presentations will extend beyond Task 1. Amec Foster Wheeler will also participate in bi-weekly calls with the Grantee to discuss the project and provide schedule updates. Amec Foster Wheeler will utilize a subcontractor, Erin L. Deady, P.A., for support with project management, approach, analysis and meetings. Deliverables: 1. An electronic copy of the kick off meeting minutes, stake holder meeting minutes, BOCC presentations and meeting minutes (throughout project duration). 2. An electronic copy of the Gap Memorandum which will identify available and needed data sources to complete a full vulnerability analysis for the site with project management discussion to determine if needed data is available and how to close any identified discrepancies. Requests for payment must be made within 15 days of completion of the deliverable. Due Date/Frequency/Performance Period: September 30, 2018. Performance Measure: The Department will review the deliverable(s)to ensure it meets the specifications provided in the Task Description, above. DEP Agreement No. CM919,Attachment A,Page 4 of 6 Funding for Task 1: Category Grant Funds Match Funds Contractual: $ 11,200.00 $ 0.00 TASK TOTAL: $ 11,200.00 $ 0.00 Task 2: ($12,200) Vulnerability Characterization/Analysis: Amec Foster Wheeler will define the future vulnerability to sea level rise of the Harry Harris Park as well as adaptation alternatives (related to existing and proposed site improvements) to proactively promote the resilience and storm surge of the site and its use in perpetuity as a public facility with recreational boat access use. Amec Foster Wheeler will prepare a draft vulnerability approach utilizing the existing data identified in the Gap Memorandum from Task 1 above. Amec Foster Wheeler will analyze various flooding scenarios based on percentage of risk from sea level rise and storm surge. Amec Foster Wheeler will present the draft vulnerability approach to the Grantee via an in person meeting so that the Grantee is in agreement about data to be used and generated for the project in line with agreed upon sea level rise and storm surge scenarios. Updates to key stakeholders and the County Commission will also be provided. The analysis output will include: A. Flood impacts based on level of flood inundation and duration(level in inches of impacts and days of impact) from sea level rise and stoirn surge. Potential adaptation and response strategies related to proposed site improvements — identification of a set of potential alternative strategies that could reduce or eliminate damage to the existing or planned facilities such as: 1. adaptation strategies for existing public park operations and facilities (e.g.; buildings, infrastructure, parking) 2. seawall, dock and boat ramp impacts 3. pros and cons of strategies 4. location of natural shoreline protection 5. implementation pathways for strategies such as any code or design requirements 6. cost and funding strategies for adaptation measures Deliverable 2: 1. An electronic copy of the approach and draft vulnerability analysis which will discuss the adaptation strategies for the park along with funding analysis. 2. An electronic copy of the Stakeholder Meeting (with minutes and presentation) 3. An electronic copy of the Presentation on Draft Vulnerability Analysis to Board of County Commissioners and minutes Requests for payment must be made within 15 days of completion of the deliverable. Due Date/Frequency/Performance Period: January 31, 2019. Performance Measure: The Department will review the deliverable(s) to ensure it meets the specifications provided in the Task Description, above. DEP Agreement No. CM919,Attachment A,Page 5 of 6 Funding for Task 2: Category Grant Funds Match Funds Contractual: $ 2,800.00 $ 9,400.00 TASK TOTAL: $ 2,800.00 $ 9,400.00 Task 3: ($6,600) Final Vulnerability Analysis: Amec Foster Wheeler will utilize information generated in previous tasks to develop a Final Vulnerability Analysis for the Harry Harris Park related to existing and proposed site improvements with recommendations for potential site considerations and adaptation measures to sea level rise impacts and storm surge. Amec Foster Wheeler will include such measures as building specific measures to reduce flood risk, seawall, boat ramp, and dock refinements as specific intervals to avoid loss of use of the site and recommendations for natural shoreline protection. Amec Foster Wheeler will prepare a cost analysis utilizing the approved measures for adaptation/resiliency identified in the Final Vulnerability Analysis. Amec Foster Wheeler will prepare a repetitive loss analysis from not implementing the approved measures identified in the Final Vulnerability Analysis. Amec Foster Wheeler will also leverage return on investment and best practices work into the Analysis. Deliverable 3: 1. An electronic copy of the Final Vulnerability Analysis Report that will characterize future impacts under various sea level rise scenarios over future planning horizons with storm surge, in terms of level of inundation and duration of impacts, adaptation measures or site criteria for future uses, economic costs of alternatives, any design considerations, funding recommendations and potential damages without adaptation measures. An Executive Summary will be included. 2. An electronic copy of the Presentation on Final Vulnerability Analysis to Board of County Commissioners and minutes Requests for payment must be made within 15 days of completion of the deliverable. Due Date/Frequency/Performance Period: May 31, 2019 Performance Measure: The Department will review the deliverable(s)to ensure it meets the specifications provided in the Task Description, above. Funding for Task 3: Category Grant Funds Match Funds Contractual: $1,000.00 $ 5,600.00 TASK TOTAL: $1,000.00 $ 5,600.00 DEP Agreement No. CM919,Attachment A,Page 6 of 6 ATTACHMENT B PAYMENT REQUEST FORM Grantee: Grantee's Grant Manager: Mailing Address: DEP Agreement No.: CM919 Payment Request No.: Date Of Request: Performance Period: Total Amount Requested: $ Deliverable No: GRANT EXPENDITURES SUMMARY SECTION (Effective Date of Grant through End-of-Grant Period) TOTAL TOTAL MATCHING AMOUNT OF CUMULATIVE FUNDS CUMULATIVE CATEGORY OF EXPENDITURE THIS CLAIM FCMP MATCHING CLAIMS CLAIMED FUNDS Salaries $ $ $ $ Fringe Benefits $ $ $ $ Travel $ $ $ $ Equipment Purchases $ $ $ $ Supplies $ $ $ $ Contractual Services $ $ $ $ Other Expenses $ $ $ $ Indirect $ $ TOTAL AMOUNT $ $ $ $ GRANT BUDGET AMOUNT $ $ Less Total Cumulative Payments of $ $ REMAINING BUDGET IN GRANT $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number **PLEASE DO NOT ALTER THIS FORM** DEP Agreement No. CM919,Attachment B,Page 1 of 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING ATTACHMENT B PAYMENT REQUEST FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address to which you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM919 DATE OF REQUEST: This is the date you are submitting the report. TOTAL AMOUNT REQUESTED: This should match the amount on the"TOTAL AMOUNT"line for the "AMOUNT OF THIS CLAIM'column. GRANTEE'S GRANT MANAGER: This is the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the DELIVERABLE(S)for which you are requesting payment. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out for all listed deliverables during the invoice period for which you are requesting reimbursement. This must be by budget category as in the currently approved budget in Attachment A(Project Work Plan),or amendment of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of Attachment A.DO NOT ALTER FORM OR COMBINE BUDGET CATEGORIES. Enter the column total on the"TOTAL AMOUNT' line. Enter the FCMP budget amount on the "GRANT BUDGET AMOUNT'line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF' from the"GRANT BUDGET AMOUNT'for the amount to enter on the"REMAINING BUDGET IN GRANT'line. "TOTAL CUMULATIVE FCMP CLAIMS"COLUMN: Enter the cumulative amounts that have been claimed to date for FCMP expenses by budget category.The final report should show the total of all claims,first claim through the final claim,etc. Enter the column total on the"TOTAL AMOUNT'line. DO NOT ENTER ANYTHING IN THE SHADED AREAS. "MATCHING FUNDS CLAIMED" COLUMN: If applicable, enter the amount to be claimed as match for the reporting period. This needs to be shown under specific budget categories according to what is in the currently approved Attachment A(Project Work Plan). Enter the total on the"TOTAL AMOUNT' line for this column. Enter the match budget amount on the"GRANT BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF'from the"GRANT BUDGET AMOUNT'for the amount to enter on the"REMAINING BUDGET IN GRANT' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: If applicable,enter the cumulative amount you have claimed to date for match by budget category. Put the total of all on the line titled"TOTAL AMOUNT." The final report should show the total of all claims,first claim through the final claim,etc. DO NOT ENTER ANYTHING IN THE SHADED AREAS. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified in the grant agreement. DEP Agreement No. CM919,Attachment B,Page 2 of 9 REQUIRED BACK-UP DOCUMENTATION: Exhibit I-Schedule of Invoices for Reimbursement for each deliverable. Exhibit II-Schedule of Match for each deliverable. Copies of Invoices (Not applicable to state agencies) Copies of canceled checks(Not applicable to state agencies) Copies of Travel Reimbursements(if applicable) FLAIR Report(State agencies only) Copies of Volunteer Logs(if applicable) NOTE: If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement form(available from staff of the Florida Coastal Management Program or use your affiliation's reimbursement form,provided it has been approved by the Florida Department of Financial Services). **PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment** Questions regarding completion of the Payment Request Form should be directed to the Department's Grant Manager, identified in paragraph 17 of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM919,Attachment B,Page 3 of 9 EXHIBIT-I • SCHEDULE OF INVOICES FOR REIMBURSEMENT DEP AGREEMENT NO.:CM919 PROJECT TITLE: PERFORMANCE PERIOD: THROUGH DELIVERABLE NO.: DELIVERABLE AMOUNT REQUESTED: CHECK CHECK AMOUNT/ INVOICE INVOICE DESCRIPTION OF VENDOR NAME INVOICE DATE NUMBER/ TRANSACTION AMOUNT NUMBER DATE GOODS&SERVICES AMOUNT PAID VOUCHER AMOUNT CLAIMED NUMBER Salaries Total Salaries $ Fringe Benefits Total Fringe Benefits Travel Total Travel $ Equipment DEP Agreement No. CM919,Attachment B,Page 4 of 9 Total Equipment $ Supplies Total Supplies $ Contractual Services Total Contractual Services Other Expenses Total Other Expenses Indirect Charges Total Indirect Charges DEP Agreement No. CM919,Attachment B,Page 5 of 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING ATTACHMENT B,EXHIBIT-I SCHEDULE OF INVOICES FOR REIMBURSEMENT DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM919 PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the deliverable for which you are requesting payment. DELIVERABLE AMOUNT REQUESTED: This is the total amount of expenses from all approved budget categories for the deliverable. Salaries: Provide an itemized listing of expenditures for Salaries,if applicable. Include the invoice number, invoice date, description of the goods or services purchased,vendor name,invoice amount,date of the transaction, check number/voucher number,check amount/transaction number,and amount claimed. Fringe Benefits: Provide an itemized listing of expenditures for Fringe Benefits, if applicable. Include the invoice number,invoice date, description of the goods or services purchased,vendor name, invoice amount,date of the transaction, check number/voucher number,check amount/transaction number, and amount claimed. Travel: Provide an itemized listing of expenditures for Travel, if applicable. Include the invoice number,invoice date, description of the goods or services purchased,vendor name,invoice amount, date of the transaction,check number/voucher number,check amount/transaction number, and amount claimed. Equipment: Provide an itemized listing of expenditures for Equipment,if applicable. Include the invoice number,invoice date,description of the goods or services purchased,vendor name, invoice amount, date of the transaction,check number/voucher number,check amount/transaction number,and amount claimed. Supplies: Provide an itemized listing of expenditures for Supplies,if applicable. Include the invoice number,invoice date, description of the goods or services purchased,vendor name,invoice amount,date of the transaction,check number/voucher number, check amount/transaction number,and amount claimed. Contractual Services: Provide an itemized listing of expenditures for Contractual Services, if applicable. Include the invoice number,invoice date,description of the goods or services purchased,vendor name,invoice amount,date of the transaction,check number/voucher number,check amount/transaction number,and amount claimed. Other Expenses: Provide an itemized listing of expenditures for Other Expenses, if applicable. Include the invoice number, invoice date, description of the goods or services purchased,vendor name, invoice amount,date of the transaction, check number/voucher number,check amount/transaction number,and amount claimed. Indirect Charges: Provide the amount of the indirect to be charged to this Deliverable,if applicable. Provide percentage or rate used for calculation. A SCHEDULE OF INVOICES FORM IS REQUIRED FOR EACH DELIVERABLE. **PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment** DEP Agreement No. CM919,Attachment B,Page 6 of 9 EXHIBIT—II SCHEDULE OF MATCH DEP AGREEMENT NO.: CM919 PROJECT TITLE: PERFORMANCE PERIOD: THROUGH DELIVERABLE NO.: DELIVERABLE MATCH AMOUNT CLAIMED: CHECK CHECK AMOUNT/ INVOICE INVOICE DESCRIPTION OF VENDOR NAME INVOICE DATE NUMBER/ TRANSACTION AMOUNT NUMBER DATE GOODS& SERVICES AMOUNT PAID VOUCHER AMOUNT CLAIMED NUMBER Salaries Total Salaries $ Fringe Benefits Total Fringe $ Benefits Travel Equipment DEP Agreement No. CM919,Attachment B,Page 7 of 9 • Total Equipment $ Supplies Total Supplies $ Contractual Services Total Contractual $ Services Other Expenses Total Other Expenses DEP Agreement No.CM919,Attachment B,Page 8 of 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING ATTACHMENT B,EXHIBIT-II SCHEDULE OF MATCH DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM919 PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. • DELIVERABLE NO.: Enter the number of the deliverable for which you are requesting payment. DELIVERABLE MATCH AMOUNT CLAIMED: This is the total amount of match expenses from all approved budget categories for the deliverable. Salaries: Provide an itemized listing of match for Salaries, if applicable. Include the invoice number, invoice date, description of the goods or services purchased,vendor name,invoice amount,date of the transaction,check number/voucher number, check amount/transaction number, and amount claimed. Fringe Benefits: Provide an itemized listing of match for Fringe Benefits,if applicable. Include the invoice number,invoice date,description of the goods or services purchased,vendor name,invoice amount,date of the transaction, check number/voucher number, check amount/transaction number,and amount claimed. Travel: Provide an itemized listing of match for Travel,if applicable. Include the invoice number,invoice date, description of the goods or services purchased,vendor name,invoice amount, date of the transaction,check number/voucher number, check amount/transaction number,and amount claimed. Equipment: Provide an itemized listing of match for Equipment,if applicable. Include the invoice number, invoice date,description of the goods or services purchased, vendor name,invoice amount,date of the transaction, check number/voucher number,check amount/transaction number, and amount claimed. Supplies: Provide an itemized listing of match for Supplies, if applicable. Include the invoice number, invoice date,description of the goods or services purchased,vendor name, invoice amount,date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Contractual Services: Provide an itemized listing of match for Contractual Services,if applicable. Include the invoice number,invoice date, description of the goods or services purchased,vendor name,invoice amount,date of the transaction,check number/voucher number, check amount/transaction number, and amount claimed. Other Expenses: Provide an itemized listing of match for Other Expenses, if applicable. Include the invoice number,invoice date, description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check number/voucher number,check amount/transaction number,and amount claimed. A SCHEDULE OF MATCH FORM IS REQUIRED FOR EACH DELIVERABLE. **PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment** DEP Agreement No.CM919,Attachment B, Page 9 of 9 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures 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 the 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. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP Agreement No.CM919,Attachment C,Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: CM919 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Grant Manager's Email Address: Reporting Period: Project Title: Provide a summary of project accomplishments for this reporting period by task. If tasks were not addressed during the reporting period,provide an explanation. Provide the status of each deliverable. (e.g.,Deliverable 1.1: 75% complete,Deliverable 1.2: 25% complete, Deliverable 2.1,work scheduled to begin after the completion of Deliverable 1.1,Deliverable 2.2,etc.) Identify below,and attach copies of deliverables being submitted for this reporting period(e.g.,Deliverable 1.1: copies of permits,Deliverable 1.2: before photographs,etc.) Provide an explanation for any anticipated delays or any problems encountered. DEP Agreement No. CM9 19,Attachment D,Page 1 of 2 INSTRUCTIONS FOR COMPLETING ATTACHMENT D PROGRESS REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM919 GRANTEE NAME: Enter the name of the grantee's agency. GRANTEE ADDRESS: Enter the address that is on the first page of the grant agreement. GRANTEE'S GRANT MANAGER: Enter the person identified as grant manager in the grant agreement. TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted. GRANT MANAGER'S EMAIL ADDRESS: Enter the grant manager's email address. REPORTING PERIOD: This is the beginning and ending date of the reporting period; it can cover more than one quarter. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. Provide a summary of project accomplishments this reporting period by task. If tasks were not addressed during the reporting period, provide an explanation(s). This section should show the progress for each task that was scheduled to begin or be completed in the current reporting period. If there was no progress for a task that was to start or be completed,please explain the reason. Provide the status of each deliverable. (e.g.,Deliverable 1.1: 75% complete,Deliverable 1.2: 25% complete, Deliverable 2.1,work scheduled to begin after the completion of Deliverable 1.1,Deliverable 2.2,etc.). This section should show the status for each deliverable that was scheduled to begin or be completed in the current reporting period. The status should be reported by the percentage completed. If there was no progress for a deliverable,briefly state the reason. Identify below,and attach copies of deliverables being submitted for this reporting period(e.g.,Deliverable 1.1: copies of permits,Deliverable 1.2: before photographs,etc.). Ensure that any deliverables listed in the grant agreement,as well as those not listed are included. For instance,you may send copies of agendas or minutes of meetings,photos of displays, or other supporting documentation to show the completion or progress towards a task. Label the deliverables by task and deliverable number(s)that they are associated with(for example: Deliverable 1.1 for task 1,deliverable 1). Provide an explanation for any anticipated delays or any problems encountered.Provide a brief summary of any anticipated or encountered problems or delays. Questions regarding completion of Progress Reports should be directed to the Department's Grant Manager,identified in paragraph 17 of this Agreement. DEP Agreement No.CM919,Attachment D,Page 2 of 2 ATTACHMENT E DEP AGREEMENT NO. CM919 Project Title Grantee Name Final Project Report ATMOSp'*-A? noRn z 0 • > z 4110 s 04 A19TMENT OF GO This report funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program,by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No.NA18NOS4190080. The views,statements,fmdings,conclusions and recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the State of Florida,NOAA or any of their sub- agencies. Month &year DEP Agreement No. CM919,Attachment E,Page 1 of 4 Final Project Report for CM919 Project Title Executive Summary Methodology DEP Agreement No. CM919,Attachment E,Page 2 of 4 Outcome • Further Recommendations DEP Agreement No. CM919,Attachment E,Page 3 of 4 INSTRUCTIONS FOR COMPLETING ATTACHMENT E FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM919 GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. NOAA AWARD NUMBER: Enter the NOAA award number as shown on the first page of the grant agreement. MONTH&YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary,Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement.Please limit final project report to no more than five pages. A draft should be submitted electronically to the Department's Grant Manager for approval. After approval by the Florida Coastal Management Program,one hard copy and an electronic copy shall be submitted to the Department's Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 17 of this Agreement. DEP Agreement No. CM919,Attachment E,Page 4 of 4 ATTACHMENT F SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP"or"Grantor", or other name in the contract/agreement)to the recipient(which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, 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 Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department 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 Chief Financial Officer 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(for fiscal year start dates prior to December 26,2014), or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014)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, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection 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 the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,will meet the requirements of this part. 2. 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, and 2 CFR Part 200, Subpart F. 3. If the recipient expends less than$500,000 (or$750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than$500,000 (or$750,000, as applicable) 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, and 2 CFR Part 200, Subpart F 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). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the interne at www.cfda.gov DEP 55-215(06/16) DEP Agreement No. CM919,Attachment F,Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 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 Department of Financial Services; 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 Department of Environmental Protection 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 Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. 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 fmancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 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$750,000 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). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted,when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,by or on behalf of the recipient directly to each of the following: DEP 55-215(06/16) DEP Agreement No.CM919,Attachment F,Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditC2l dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections .320 (d)(1) and(2), OMB Circular A-133, as revised,and 2 CFR§200.501(a)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 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditAdep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 DEP 55-215(06/16) DEP Agreement No. CM919,Attachment F,Page 3 of 5 Electronically: FDEPSingleAudit cr,dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(&,,dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Depaituient of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,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. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued,and shall allow the Department of Environmental Protection, or its designee,Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215(06/16) DEP Agreement No. CM919,Attachment F,Page 4 of 5 EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category Original U.S.Department of Agreement Commerce—National 11.419 Coastal Zone Management Administration Awards $15,000 140061 Oceanic and Atmospheric Administration State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or • Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category • Total Award $15,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215(06/16) DEP Agreement No.CM919,Attachment F,Page 5 of 5 ` as DeParr�O'' Florida Department of Environmental Protection ATTACHMENT J PHOTOGRAPHER&MODEL RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name Address City State Zip Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being submitted and am 18 years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to distribute,publish and use the photograph(s),video(s),audio recording(s)and art work(s)submitted herewith("the Work")to promote the Florida Department of Environmental Protection.Uses may include, but are not limited to, promotion of the Florida Department of Environmental Protection, including, but not limited to, through publications, websites, social media venues and advertisements and distributed to the media and in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such,infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner Signature: Date: Photo/Video/Audio/Artwork Recording Filename(s): Location of photo/video/audio recording/artwork: Name of Person Accepting Work Submission: DEP Agreement No. CM919,Attachment J,Page 1 of 3 000-020(Effective 02-17-2016) DaParN. Florida Department of Environmental Protection . ATTACHMENT J PHOTOGRAPHER&MODEL RELEASE FORM ��ntal P FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS MODEL RELEASE FORM: PHOTO/VIDEO/AUDIO/ARTWORK This model release form will be used for all State of Florida—Depaitnient of Environmental Protection, Land and Recreation brochures, websites, displays, articles, magazines, programs, advertisements or events. Photo Release for Adults I, being 18 years or older, hereby consent that the videotapes, photographs, motion picture film and/or artwork in any form in which I appear, and/or audio recordings made of my voice may be used by the Florida Department of Environmental Protection, its assigns or successors, in whatever way they desire, including television, without compensation. Furthermore, I hereby consent that such photographs, films, negatives and recordings, and the plates and/or tapes or other medium from which they are made shall be the property of the Florida Department of Environmental Protection, its assigns or successors. They shall have the right to sell, duplicate, reproduce, and make other lawful uses of such photographs, films, recordings,plates,tapes and art work as they may desire, free and clear of any claim whatever on my part, in perpetuity. IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida,this day of , 2 Location: Signature Name Address City State Zip DEP Agreement No. CM919,Attachment J,Page 2 of 3 000-020(Effective 02-17-2016) ,a9 D°Pa Part., Florida Department of Environmental Protection ATTACHMENT J PHOTOGRAPHER&MODEL RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS �°ntaf pte Photo Release for Minors I being Parent/Guardian of , hereby consent that the videotapes, photographs, motion picture film or artwork in any form for which he/she posed, and/or audio recordings made of his/her voice may be used by the Florida Department of Environmental Protection, its assigns or successors,in whatever way they desire, including television without compensation. Furthermore,I hereby consent that such photographs,films,negatives and recordings and the plates and/or tapes or other medium from which they are made shall be the property of the Florida Department of Environmental Protection, its assigns or successors,and they shall have the right to sell,duplicate,reproduce and make other uses of such photographs, films, recordings, plates, tapes and art work as they may desire free and clear of any claim whatsoever on my part or my child's part, or by anyone who may claim by or through my child, in perpetuity. IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida, this day of ,2 Signature of parent Name of child Name of parent Address City State Zip DEP Agreement No. CM919,Attachment J,Page 3 of 3 000-020(Effective 02-17-2016) ATTACHMENT K Contract Provisions for Department of Commerce (DOC) Funded Agreements The Department, as a Non-Federal Entity as defined by 2 CFR§200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity,also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance(2 CFR Part 200),and all associated terms and conditions. Therefore,Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable to this Contract,the Non-Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract"as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity, or national origin.The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identity, or national origin. Such action shall include,but not be limited to the following: a. Employment,upgrading,demotion, or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The Recipient agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race,color,religion, sex,sexual orientation,gender identity,or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, DEP Agreement No. CM919, Attachment K, Page 1 of 5 unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union,or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations, or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient, and if required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146- 3148)as supplemented by Dept anent of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must pay wages not less than once a week. The Recipient must comply with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be prohibited from inducing,by any means,any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that "funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part DEP Agreement No. CM919, Attachment K, Page 2 of 5 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387) If the Agreement is in excess of$150,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA). 8. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." 9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has'not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.The Recipient shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Grantees shall comply with regulations listed in 2 CFR Part 200, 2 CFR Part 1326, 48 CFR Part 31 and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Grantees,their employees, subrecipients under this award,and subrecipients' employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect;or iii. Use forced labor in performance of the award or subawards under the award. 14. Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234) Grantee must comply with flood insurance requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15. Water Resources Reform and Development Act(WRRDA)P.L. 113-121 Grantees must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121,if applicable. This act provides for improvements to the rivers and harbors for the United States,to provide for the conservation and development of water and related resources. 16. Whistleblower Protection Grantees shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013, and effective December 14, 2016, has been permanently extended(Public Law(P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award,related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing,in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C.4712. (c)The recipient shall insert this clause, including this paragraph(c), in all subawards and in contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this clause,including this paragraph(c)in any subwards and contracts awarded prior to the effective date of this provision. 17. Notification of Termination(2 CFR§200.340) DEP Agreement No. CM919, Attachment K,Page 3 of 5 In accordance with 2 CFR§ 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Grantee's or subcontractor's material failure to comply with the Federal statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Recipient will notify the Grantee of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Grantee's rights upon termination and following termination 18. Additional Lobbying Requirements i. The Grantee certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. ii. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. § 1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant)or loan unless such organization warrants that it does not,and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. iii. Pursuant to 2 CFR § 200.450 and 2 CFR § 200.454e, the Grantee is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 19. Assurances Grantees shall comply with any and all applicable assurances made by the Department or the Grantee to the Federal Government during the Grant application process. 20. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms Grantee shall take all affirmative steps necessary to assure that minority business,women's business enterprises, and labor surplus area firms are used when possible,including those steps listed in 2 CFR§200.321(b). DEPARTMENT OF COMMERCE-SPECIFIC 21. Department of Commerce(DOC)Financial Assistance Terms and Conditions Grantees shall comply with the U.S.Department of Commerce Financial Assistance Terms and Conditions,available online(http://www.osec.doc.gov/oam/grants management/policy/default.htm)and incorporated by reference. 22. DOC Regulations Grantee shall comply with the following regulations: 2 CFR 1300-1399, 15 CFR 8, 15 CFR 8a, 15 CFR 8b, 15 CFR 13, 15 CFR 20,and 15 CFR 28 23. Drug-Free Workplace Grantee must make an on-going, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 2 CFR Part 1329. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards,and keep this information on file during the performance of the award. 24. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Grantee shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION(NOAA)-SPECIFIC 25. Scientific Integrity,as established in the Department of Commerce Financial Assistance Alert 16-02(January 13,2016) The NOAA Acquisition and Grants Office (AGO) has established the following policy to provide appropriate protections for all NOAA grants,financial assistance awards, and cooperative agreements: a. Maintaining Integrity.The recipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct.All the requirements of this provision flow down to subrecipients. b. Peer Review. The peer review of the results of scientific activities under a NOAA grant,financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, DEP Agreement No. CM919, Attachment K, Page 4 of 5 relevance,scientific integrity,reproducibility,transparency,and performance.NOAA will ensure that peer review of "influential scientific information" or"highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget(OMB)Final Information Quality Bulletin for Peer Review and NOAA policies on peer review,such as the Information Quality Guidelines. c. In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the recipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.That Order can be found at http://nrc.noaa.gov/ScientificIntegrityCommons.aspx. d. Primary Responsibility.The recipient shall have the primary responsibility to prevent,detect,and investigate allegations of a violation of scientific integrity or scientific and research misconduct.Unless otherwise instructed by the grants officer,the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures,as appropriate,to do so. e. By executing this grant, financial assistance award, or cooperative agreement the recipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation,and reporting of such misconduct. f. The recipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award,or cooperative agreement. 26. Investigating Scientific Integrity or Scientific and Research Misconduct a. Inhibiting Investigation.If the recipient or subrecipient determines that there is sufficient evidence to proceed to an investigation,it shall notify the grants office and,unless otherwise constructed,the recipient or subrecipient shall: i. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding regarding the violation of scientific integrity or scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. ii. If the investigation leads to a finding regarding the violation of scientific integrity or scientific and research misconduct, obtain adjudication by a neutral third-party adjudicator. The adjudication must include a review of the investigative record and,as warranted,a determination of appropriate corrective actions and sanctions. b. Finalizing Investigation. When the investigation is complete, the recipient shall forward to the grants officer a copy of the evidentiary record, the investigative report, any recommendations made to the recipient adjudicating official,the adjudicating official's decision and notification of any corrective action taken or planned,and the subject's written response(if any). 27. Findings and Corrective Actions If the recipient finds that scientific integrity has been violated or scientific and research misconduct has occurred,it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: a. Take all necessary corrective actions, which includes,but are not limited to, correcting the research record, and, as appropriate,imposing restrictions, controls,or other parameters on research in process or to be conducted in the future,and b. Coordinate remedial action with the grants officer. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM919, Attachment K, Page 5 of 5