07/18/2018 Agreement �C(GOURTd�1�
o4° q Kevin Madok, CPA
fs. - Clerk of the Circuit Court&Comptroller— Monroe County, Florida
DATE: March 19, 2019
TO: Rhonda Haag, Director
Sustainability& Projects
Lindsey Ballard, Aide
to the County Administrator
FROM: Pamela G. Hancock, D.C.
SUBJECT: July 18, 2018 BOCC Meeting
Enclosed is a duplicate original of Item D 12, Interlocal Agreement with the City of
Marathon for its share of the $49,257,802.90 grant agreement from the United States Department
of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris
removal, monitoring, administrative and related services; of which $6,007,600 is reimbursable by
NRCS to Marathon and $1,877,375 is required as Marathon's local cost share, for your handling.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY,
FLORIDA, AND THE CITY OF MARATHON, FLORIDA, FOR
HURRICANE IRMA MARINE DEBRIS CLEARING AND RELATED
SERVICES UNDER USDA NATURAL RESOURCES
CONSERVATION SERVICE GRANT NR184209XXXXCO27.
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this 10 day of ILI I\I ,
2018, pursuant to Section 163.01, Florida Statutes, between Monroe County, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040 ("County"), and the City of Marathon, Florida, a municipal corporation of the State of
Florida, whose address is 9805 Overseas Highway, Marathon FL 33050 ("City") (collectively
hereinafter referred to as the"Parties").
WITNESSETH:
WHEREAS, the County and the City are authorized to enter into this Agreement and
implement its provisions pursuant to Section 163.01, Florida Statutes, as amended, which permits
local government units to make the most efficient use of their powers by enabling them to
cooperate with each other for mutual advantage and to provide services and facilities in a manner
and pursuant to forms of governmental organization that accords best with geographic, economic,
and other factors influencing the needs and development of local communities; and
WHEREAS,Hurricane Irma made landfall in the Florida Keys on September 10, 2017 as
a Category 4 hurricane with maximum sustained winds of approximately 130 m.p.h.; and
WHEREAS, the hurricane caused significant and widespread damage throughout
Monroe County, including the City of Marathon, including the deposit of all forms of waterway
debris that poses a direct threat to the health, safety and welfare of residents of the County and
City; and
WHEREAS, the County has applied for and been awarded Natural Resources
Conservation Service (NRCS) Grant number NR184209XXXXCO27 ("Grant") from the U.S.
Department of Agriculture (USDA) for marine debris clearing and monitoring services in
unincorporated Monroe County, Marathon and Islamorada; and
WHEREAS, the Grant has a total approved budget of$49,257,802.90 of which eligible
Financial Assistance (FA) construction costs are $45,821,212.00 and Technical Assistance (TA)
costs are $3,436,590.90. FA costs are subject to a 25% local cost share; TA costs have no local
cost share. Both FA and TA are paid on a reimbursement basis; and
WHEREAS, the City of Marathon's portion of the Grant is $7,509,500.00 for
construction costs (FA), which is 75% reimbursable, and a portion equal to 5% of actually
expended FA costs up to $375,475.00 for other related costs (TA), which is 100% reimbursable
from NRCS; and
1
WHEREAS, it is necessary for the Parties to enter into this Agreement in order to spell
out the rights and responsibilities of the Parties under the Grant and this Agreement.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is acknowledged by both of the
Parties, and pursuant to Section 163.01, et. seq., Florida Statutes, the Florida Interlocal
Cooperation Act of 1969, the Parties hereto agree as follows:
SECTION 1. RECITALS. The/ foregoing recitals are true and correct and are hereby
incorporated in this Agreement by reference.
SECTION 2. TERM AND TERMINATION.
The term of this Agreement shall run from the date on which the Agreement is executed by both
the Parties ("Effective Date"), and shall continue in full force and effect until the Parties have
satisfied all of their obligations under this Agreement, unless terminated sooner as provided
herein ("Term").
This Agreement may be terminated by either party, with or without cause, upon thirty (30) days'
notice to the other party in accordance with Section 10 below. The Agreement may also be
terminated by mutual agreement of the Parties in writing. The City shall remain liable for
payment for all work performed under the Agreement up to and including the date of termination,
including any vendor termination fees that may apply. This Agreement is subject to and
conditional upon annual appropriation by City. In the event that funding from the USDA NRCS
or any other source is withdrawn, reduced, or limited in any way after the Effective Date of this
Agreement but prior to completion of the Agreement, the County may terminate the Agreement,
subject to renegotiation under new funding limitations and conditions.
SECTION 3. RESPONSIBILITIES OF THE PARTIES.
A. Each party to this Agreement shall designate an individual who may be designated by title
or position to oversee and administer the party's participation in this Agreement. The Parties'
initial Administrators shall be the following individuals:
For the County: For the City:
Rhonda Haag George Garrett
Director Sustainability and Projects Deputy City Manager/Planning Director
102050 Overseas Highway, Ste. 246 City of Marathon, Florida
Key Largo, FL 33037 9805 Overseas Highway
Bus: (305)453-8774 Marathon, Florida 33050
Haag-rhonda@monroecounty-fl.gov 305 289 4111
garrettg@ci.marathon.fl.us
Either party may change its Administrator at any time by delivering written notice of such party's
new Administrator to the other party.
B. The Scope of Services for work to be performed under this Grant is as shown in the
Notice of Grant and Agreement Award ("Award") for the Grant, attached hereto as Exhibit A to
this Agreement and incorporated herein by reference. By entering into this Agreement, each
2
party agrees that it will comply with all terms and conditions imposed on the Sponsor in the
Award.
C. Monroe County has the overall responsibility for direction of any work performed by the
marine debris contractor(Marine Debris Contractor)(s) in any tier under the Grant. However,the
City of Marathon staff shall provide day-to-day onsite input for the work performed by the
Marine Debris contractor(s) in Marathon. If at any time the City of Marathon directs work to be
performed by the Marine Debris Contractor that is not covered under the USDA NRCS Award
document, the City shall be responsible for full payment of that work to the County for such
work. The City shall provide weekly summary reports to the County indicating the work that has
been performed. The County shall have sole responsibility for direction of work performed by
the Marine Debris Monitoring firm.
D. The contract award/project period is 220 calendar days from the date of signature on the
Award by NRCS. The total estimated project budget for the City is as shown on Exhibit B to this
Agreement. Of the total amounts awarded under the Grant, seven million five hundred and nine
thousand five hundred dollars and no cents ($7,509,500.00) for construction costs (FA), and three
hundred seventy-five thousand four hundred seventy-five dollars and no cents ($375,475.00) for
other related costs (TA) has been allocated to the City ("City Share"). No further work shall be
performed once the maximum available allotment under the Grant has been reached under either
category of FA or TA costs.
E. The County shall hire one or more Marine Debris Contractors and a Marine Debris
Monitoring firm to perform the work covered by the Award in the City. Thereafter, throughout
the Term of this Agreement,the contractors will submit invoices to the County,with copies to the
City, for the work performed, up to the amounts shown in Exhibit B. Within seven (7) calendar
days following receipt of the invoice from the Marine Debris Contractors or the Marine Debris
Monitoring Firm, the City shall deposit funds with the County in an amount necessary to pay the
full amount of the invoice. All payments from the City to the County and from the County to the
City shall be submitted using electronic funds transfers.
F. Within seven (7) days following receipt of the payment from the City, the County shall
(a)pay the contractor and(b) submit the claim to NRCS for reimbursement.
G. Within ten (10) days following receipt by the County of reimbursement from NRCS, the
County will issue the reimbursement amount to the City. NRCS reimburses 100% of allowable
"other"monitoring costs, and 75%of the allowable construction costs (i.e., the construction costs
are subject to a 25%local match).
H. The City understands that only work covered in the Grant Agreement is allowable work,
including the limit of the 19 City canals listed in Exhibit C. If the City desires to add additional
canals or additional work, or request a time extension, the City shall notify the County in writing
of its intentions. The County shall then contact NRCS for guidance on proceeding with such
requests. All amendments to the Award require the prior written approval of both the County and
NRCS. All costs associated with preparation of new project application packages to NRCS, all
permit application costs and fees and any related engineering fees for requests for amendments
that originate with the City shall be entirely borne by the City and shall not be derived from the
$375,475.00 allocated for TA costs.
3
I. Upon completion of all work allowable under the Grant Award, if there are funds remaining in
the City's allocation, those funds will be reallocated to Monroe County for use at their discretion
in Monroe County, and Monroe County will assume the responsibility for payment of the work.
SECTION 4. RECORDS—ACCESS AND AUDITS.
A. Both Parties shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Records shall be retained for a period of seven years from the termination
of this agreement or for a period of three years from the date of submission of the final
expenditure report in accordance with 2 CFR § 200.333, whichever is greater. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County determines that monies paid to the City pursuant to this Agreement were
spent for purposes not authorized by this Agreement, the City shall repay the monies together
with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the County.
B. The Parties shall allow public access to all records subject to the provisions of Chapter
119, Florida Statutes, and the Constitution of the State of Florida and which have been made or
received by either party in conjunction with this Interlocal Agreement.
SECTION 5. NONDISCRIMINATION.
The Parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The Parties agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity
4
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
SECTION 6. GOVERNING LAW,VENUE.
The laws of the State of Florida shall govern this Agreement. Any lawsuit to enforce the terms
and conditions of this Agreement must be brought in Monroe County, Florida.
SECTION 7. SEVERABILITY.
If any provision or part of a provision of this Agreement is found by a court or other authority of
competent jurisdiction to be void or unenforceable, that provision or part of a provision is to be
deemed deleted from this Agreement and the remaining provisions to continue in full force and
effect. The Parties shall, in this event, seek to agree upon a valid and enforceable provision or
part of a provision to replace the provision or part of a provision found to be void and
unenforceable.
SECTION 8. CODE OF ETHICS.
The Parties agree that officers and employees of the City and County required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.311, et seq,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
The County and City each warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it,to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. Each party further warrants that it has not employed, retained or otherwise had
act on its behalf any former county officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 as amended by Ordinance 020-1990 or any county officer or employee
in violation of Section 3 of Ordinance No. 010-1990. For the breach or violation of the
provision, each party shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration
SECTION 9. AUTHORITY TO EXECUTE, EXECUTION IN COUNTERPARTS,
EXECUTION BY ELECTRONIC SIGNATURES.
The persons signing below represent and warrant that each possesses the requisite authority to
execute this Agreement and to bind his respective entity through his signature. This Agreement
may be signed in counterparts. In accordance with Monroe County Ordinance No. 005-2018, an
electronic signature is equally valid as a hard copy or wet signature.
SECTION 10. NOTICE.
Whenever any party desires to give notice to the other, it must be given by written notice, either
5
by registered first class U.S. mail, return receipt requested, or by certified mail, and sent to:
For the County: For the City:
Monroe County Administrator City Manager
1100 Simonton St. City of Marathon
Key West, FL 33040 9805 Overseas Highway
Marathon, FL 33050
SECTION 11. OTHER FEDERAL CLAUSES.
The Parties understand that the subject matter of this Agreement is work that will be paid for by a
federal award, as that term is defined in 2 C.F.R. part 200, and therefore, the following federal
contract clauses apply:
A. Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b).
B. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess
of$150,000 must 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).
C. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties 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." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above 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. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
6
i
E. NRCS Regulations. NRCS administers the Emergency Watershed Protection (EWP)
program through the following authorities:
• Section 216, Public Law 81-516 (33 U.S.C. Section 701b);
• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
• Section 382, Title III, of the 1996 Farm Bill Public Law 104-127.
• Codified rules for administration of the EWP program are set forth in 7 CFR 624.
The Parties understand agree that they will comply with the aforementioned statutes
and regulations.
SECTION 12. ENTIRETY OF AGREEMENT. This Agreement constitutes the entire
agreement between the County and the City, and supersedes all proposals, prior agreements, and
all other communication between the Parties in relation to the subject matter covered by this
Agreemment. Except as otherwise provided herein, no revision, amendment or modification of this
,Agreerrient'shall be effective unless reduced to writing and executed by both Parties.
1r4, N\WITNESSStW�WHEREOF, the Parties hereto have caused these presents to be executed by
`� rtheir�Authortzedfficers and have affixed their corporate seals hereon.
f , AEAI) �,o , /r� BOARD OF COUNTY COMMISSIONERS
�Attesf " VIN MADOK, CLERK OF MONRO O Y FLORIDA
.er c w
r
.Q---.7
By: By:
Deputy Clerk David Rice,Mayo?'
Date: ?,,..17 ig, zoi?
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND
RELIANCE OF MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ONLY:
ei4tAl ' 4_,a
CYNTHI L.HALL,ASSISTANT COUNTY ATTORNEY
(SEAL) THE CITY OF MARATHON,FLORIDA
Attest: DIANE CLAVIER, CITY CLERK
By nuribeBy: Y402. 00€.6/1/)(
Michelle Coldiron, Mayor
o
44 APPROVED AS TO FORM AND LEGALITY FOR THE USE AND
L.3,` RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY:
CD Q7
�S} V-1/11{:'rt
MIGUIEY
a ty.}ram.
LL o. 'y 7
O
EXHIBIT A
USDA NRCS-ADS-093
U.S.Department of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
1.Award Identifying Number 2.Amendment Number 3.Award/Project Period 4.Type of award instrument:
NR184209XXXXCO27 220 Calendar Days From Cooperative Agreement
NRCS Signature
5.Agency(Name and Address) 6. Recipient Organization (Name and Address)
Natural Resources Conservation Service COUNTY OF MONROE
P. O. Box 141510 1100 SIMONTON STREET
Gainesville, FL 32614-1510 KEY WEST FL 33040-3110
DUNS: 073876757 EIN:
7. NRCS Program Contact 8. NRCS Administrative 9. Recipient Program 10. Recipient Administrative
Contact Contact Contact
Name: Jason Strenth Name: MOIRA SANFORD Name: Rhonda Haag Name: Rhonda Haag
Phone: (352) 338-9559 Phone: (614)255-2495. Phone: 305-453-8774 Phone: 305-453-8774
Email:jason.strenth@fl.usda. Email: MOIRA. Email: haag- Email: haag-
gov SANFORD@OH.USDA.GOV rhonda@monroecounty-fl.gov rhonda@monroecounty-fl.gov
11. CFDA 12.Authority 13.Type of Action 14. Program Director
10.923 33 U.S.C. 701b-1 New Agreement Name: Roman Gastesi
Phone: 305-292-4442
Email: gastesi-
roman@monroecounty-fl.gov
15. Project Title/Description: Monroe County Hurricane Irma EWP- Debris Removal
6000003865
16. Entity Type: 01 = County government
17. Select Funding Type
Select funding type: 6C Federal 17 Non-Federal
Original funds total 37,802,499.900 11455303.00
Additional funds total $0.00 $0.00
Grand total 37,802,499.900 11455303.00
Page 1 of 14
18. Approved Budget
Personnel $0.00 Fringe Benefits $0.00
Travel $0.00 Equipment $0.00
Supplies $0.00 Contractual $0.00
Construction 34,365,909.000 Other $3,436,590.90
Total Direct Cost 37,802,499.900 Total Indirect Cost $0.00
Total Non-Federal Funds 11455303.00
Total Federal Funds Awarded 37,802,499.900
Total Approved Budget 49,257,802.900
This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this
award or amendment and any payments made pursuant thereto,the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization,agrees that the award is subject to the applicable provisions of this agreement(and all
attachments),and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid,will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative Signature Date
RUSSELL MORGAN
State Conservationist
Name and Title of Authorized
Recipient Representative Signature Date
Roman Gastesi
County Administrator
NONDISCRIMINATION STATEMENT
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,
age,disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political
beliefs,reprisal,or because all or a part of an individual's income is derived from any public assistance program.(Not all prohibited bases apply
to all programs.)Persons with disabilities who require alternative means for communication of program information(Braille,large print,
audiotape,etc.)should contact USDA's TARGET Center at(202)720-2600(voice and TDD).To file a complaint of discrimination write to
USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW.,Washington,DC 20250-9410 or call(800)795-3272(voice)or(202)
720-6382(TDD).USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974(5 U.S.C.Section 522a).
\` MO OE COUNTY ATTORNEY
ROV AS R :
CY THIA L. ALL
ASSISTANT COUNTY ATTORNEY
Page 2 of 14 Date _ '- I R-0 0-
Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the"NRCS", to provide technical and financial assistance to Monroe County,
hereinafter referred to as the"Sponsor", for EWP Project#5072 (Hurricane Irma) in Monroe County, Florida for
implementation of recovery measures,that, if left undone, pose a risk to life and/or property.
Objectives
The design and installation of EWP measures as detailed in the individual Damage Survey Report(DSR)and described
' here:
DSR No. MC-17-001 —Remove debris from Big Coppitt, Geiger, Saddlebunch, Sugarloaf canals=$2,309,353
DSR No. MC-17-002—Remove debris from Cudjoe, Summerland, Ramrod, Little Torch canals=$3,811,652
DSR No. MC-17-003—Remove debris from Big Pine Key canals=$22,475,998
DSR No. MC-17-004—Remove debris from Conch,Tavernier, Key Largo canals.=$3,124,529
DSR No. MC-17-005—Remove debris from Marathon, Matecumbe, Plantation canals=$14,099,680
Total Estimated Construction Cost=$45,821,212
Budget Narrative
A.The estimated costs for the Project:
1.Total Estimated Project Budget: $49,257,802.90
The budget includes:
Financial Assistance(FA) Costs:
Construction Costs(75% NRCS$34,365,909.00+25% Sponsor$11,455,303.00): $45,821,212
Technical Assistance (TA) Costs:
100% NRCS(7.5% of total construction cost): $3,436,590.90
2. NRCS pays up to 75 percent of eligible construction costs, and Sponsor pays 25 percent of construction costs. NRCS
will contribute up to 7.5 percent of the total construction cost for design services, contract administration and construction
management costs. It is possible that technical and administrative costs will exceed this amount, requiring the Sponsor
to contribute resources to complete technical and administrative work.
3. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial
assistance(FA) and one for technical assistance(TA). FA costs are associated with construction activities;TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
4. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on-the-ground construction
costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment and materials.
5. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs
include
a. engineering costs include, but not limited to, developing a project design that includes construction drawings and
specifications, an operation and maintenance plan, a quality assurance/inspection plan and an engineer's estimate of the
project installation costs in addition to providing necessary quality assurance during construction.
b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for
construction and engineering services, including project management, verifying invoices and record keeping.
6. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
Page 3 of 14
non-cash materials or services, or in-kind contributions. The value of any in-kind contribution shall be agreed to in
writing prior to implementation.
Responsibilities of the Parties:
A. Sponsor will-
1.Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination
of both.
2. Ensure and certify by signing this agreement that its cost share obligation is from a non-Federal source.
3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information
with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately
communicated to NRCS.
4.Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer,
listing their duties, responsibilities, and authorities. Furnish such information in writing to the NRCS State
Conservationist.
5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those
that are not applicable to State and local governments.
6.Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in
accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been
obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental
mitigation. 'Sponsors shall provide such certification on Form NRCS-ADS-78,Assurances Relating to Real Property
Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights
and permits are the Sponsor's responsibility and ineligible for reimbursement.
7.Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits and licenses needed for the Project.
8. Provide the agreed-to portion of the actual, eligible and approved construction cost. These costs may be in the form
of cash, in-kind construction services, or a combination of both. Final construction items that are eligible construction
costs will be agreed upon during the pre-design conference. These costs consist of costs from contracts awarded to
contractors and eligible Sponsor in-kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs.
9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described in the DSR.
10.Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for
FA, requiring this separation.
11. Contract for services and construction in accordance with the Code of Federal Regulations(CFR), 2 CFR§200.317
through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR§200.326, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis-Bacon Act would not apply under this
Federal program legislation.
12.The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor
or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect
interest in the pecuniary profits or contracts of such firms. Reference 2 CFR§200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and
administration of contracts.
13.Any costs(construction or technical and administrative services) incurred prior to the Sponsor and NRCS signing this
agreement are ineligible and will not be reimbursed.
14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of
cost and accomplishment.
Page 4 of 14
15. For in-kind construction services(materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre-design conference. In-kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
16.The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures.
c. Daily time records for each employee showing name, classification,wage rate, hours, and dates actually employed for
constructing the eligible EWP project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP project measures. Equipment idle time is not eligible in-kind construction services, even
if on the job site, and should not be included in the equipment operating records.
17.Within thirty(30) calendar days of signing the project agreement, hold a pre-design conference with the Sponsor,
Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the
Sponsor and NRCS. During the pre-design conference, NRCS will determine the eligible construction costs.
18.Within fourteen (14)calendar days of the pre-design conference submit to NRCS a schedule with time lines of major
items to be completed. Milestones shall include, but not limited to, obtaining land rights, obtaining permits, completing
any necessary surveys, completing draft engineering plans and specifications for NRCS review, completing final
engineering plans and specifications, completing quality assurance plan, solicit bids, award contract, issue notice to
proceed, and complete construction.
19. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design,
construction specifications, and engineering drawings prepared in accordance with standard engineering principles and
design parameters set forth in the pre-design conference.
20. Upon receiving comments from NRCS, prepare the final design, construction specifications, and engineering
drawings in accordance with standard engineering principles that comply with NRCS programmatic principles and design
parameters set forth in the pre-design conference. One set of the final plans and specifications shall be submitted to
NRCS for final review and concurrence prior to solicitation of bids and/or commencement of work. The final construction
plans and specifications shall be signed and sealed by a licensed Professional Engineer registered in the State of Florida
(Not required for debris removal only sites). A copy of the signed and seal plans and specifications shall be provided to
NRCS.
21. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe
items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous
or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided
to NRCS prior to commencement of construction.
22. Provide construction inspection in accordance with the QAP.
23. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable (Not required
for debris removal only sites) , prior to commence of work. The O&M Plan shall describe the activities the Sponsor will
do to ensure the project performs as designed. Upon completion of the project measures,the Sponsor shall assume
responsibility for O&M.
24. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of
all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to
solicitation for installation of the EWP project measures. All modifications to the plans and specifications shall be
reviewed and concurred on by NRCS.
25. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project.
26. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for
completion of the work described in this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
Page 5 of 14
27.Will arrange and pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost-
share contribution.
28. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project, as interpreted by NRCS Government Representative (GR). Provide NRCS Program/Technical Contact and
GR progress reports every 2 weeks after execution of the agreement. Progress reports should include work
accomplished for the period, technical on-site inspections,work planned, results of material tests, deficient work
products and/or tests with corrective actions taken, modifications anticipated,technical problems encountered,
contractual issues and other relevant information.
29. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act(40 USC 327-330) as supplemented by Department
of Labor regulations(29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's compliance
with safety requirements.
30. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. Provide a Professional Engineer(PE) certification that the
Project was installed in accordance with approved plans and specifications. For debris removal only sites, certification
does not need to be from a PE.
31. Provide PE-certified as-built drawings and quantities for the project. A copy of the as-built drawings will be
submitted to the NRCS Program/Technical Contact. For debris removal only sites, as-built drawings do not need to be
certified by a PE.
32. Pay the contractor(s)for work performed in accordance with the agreement and submit a SF-270, "Request for
Advance or Reimbursement"to the NRCS Program/Technical Contact with all documentation to support the request.
Payments can be requested as frequently as monthly. Final payment request shall be submitted within 90 calendar days
of completion of the EWP project measures. Payments will be withheld until all required documentation is submitted and
complete.
a.The required supporting documentation for reimbursement of construction costs include invoices and proof of payment
to the contractor showing the items and quantities installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations, rock weight tickets, etc.
b.The required supporting documentation for reimbursement of in-kind construction expenses will include employee time
sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices.
c.The required documentation for reimbursement of technical and administrative services will be invoices and proof or
payment to consultants and/or employee time sheets along with the employee's hourly rate, hours worked, and date
work was performed.
33. Ensure that information in the System for Award Management(SAM) is current and accurate until the final financial
report(SF-425) under this award or final payment is received, whichever is later.
34.Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source
evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any
litigation matters in which NRCS could have a financial interest.
35. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages,
claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement.
Further,the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
36. Retain all records dealing with the award and administration of the contract(s)for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved,whichever is
longer. If any litigation is started before the expiration of the 3-year period, records are to be retained until the litigation is
resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the Department of
Page 6 of 14
Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions.
37. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work
within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the
contractor not completing the work within the allowable performance period. These costs include but are not limited to
personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract
performance time is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
38.Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with
the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.
39. Submit requests for a time extension to the agreement(if necessary) in writing no less than forty-five (45) days prior
to the expiration date of the agreement. Submit the written, signed request to the NRCS Program/Technical Contact.
B. NRCS will-
1.Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre-design
conference.
2. Designate a Government representative(GR)to serve as liaison with the Sponsor and identify that person's contact J
information with this executed agreement.
3. Review, comment and concur in preliminary and final plans, specifications, O&M Plan, Plan of Operations(if required)
and QAP.
4. Make periodic site visits during the installation of the EWP project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibilities.
5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the
Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met.
6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF-270 and
supporting documentation,withholding the amount of damages sustained by NRCS as provided for in this agreement. In
the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a
timely manner to resolve concerns.
SPECIAL PROVISIONS
A. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection
Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make
commitments in excess of funds authorized by law or made administratively available. Congress may impose
obligational limits on program funding that constrains NRCS's ability to provide such assistance.
B. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as
construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety,will be prorated between the
Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement.
C.Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a
result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction
funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior concurrence of NRCS.
D.The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for
constructing the EWP measures. Such adjustments may increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site
conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment will be made to
change the cost sharing assistance provided by NRCS as set forth in this agreement, nor reduce funds below the
amount required to carry out NRCS'share of the contract.
E. Except for item D. above, this document may be revised as mutually agreed through a written amendment duly
Page 7 of 14
executed by authonzed officials of all signatory parties to this agreement.
F. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as set out in this agreement.
G. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the
agreement will be de-obligated from the agreement.
H. If inconsistencies arise between the language in the Statement of Work(SOW) in the agreement and the general
terms and conditions, the language in the SOW takes precedence.
Expected Accomplishments and Deliverables
The following accomplishments and deliverable will be provided to NRCS.
1. One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer(if
applicable), including engineer's cost estimate, and approved Plan of Operations(if applicable).
2. Signed NRCS-ADS-78 supported by an attorney's opinion.
3. One copy of the quality assurance plan.
4. One copy of the operation and maintenance plan (if applicable).
5. One copy of the notice of solicitation, bid abstract, and notice of award.
6. Certification that the project was installed in accordance with the plans and specifications.
7.As-built drawings of final construction signed by a licensed professional engineer within 30 days of completion of
construction.
8. Quantities of the units of work applied for each site within 45 days of completion of construction.
Resources Required
•
No resources other than funding.
Milestones
Milestones shall include, but not limited to, the following items:
1. Pre-design conference within 30 days of signing agreement.
2. Submit to NRCS a schedule with time lines of major items to be completed within 14 days of the pre-design
conference.
3.Acquire needed real property rights and permits(signed NRCS-ADS-78 supported by an attorney's opinion) prior to
start of construction.
4. Obtain permits.
5. Complete any necessary surveys.
6. Complete draft engineering plans and specifications for NRCS review.
7. Complete final engineering plans and specifications.
8. Complete quality assurance plan and operation and maintenance plan (if applicable).
9. Solicit bids.
10.Award contract.
11. Manage construction contract and provide quality assurance as described in the QAP.
12. Provide final inspection.
13. Complete as-built drawings.
14. Submit final payment.
Page 8 of 14
GENERAL TERMS AND CONDITIONS
Please reference the below link(s)for the General Terms and Conditions pertaining to this award:
NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE
GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS
I.APPLICABLE REGULATIONS
a. The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as
applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=CFR and http://www.ecfr.gov/.
(1)2 CFR Part 25, "Universal Identifier and System of Award Management" (2)2 CFR Part 170, "Reporting Subaward
and Executive Compensation Information" (3)2 CFR Part 180, "OMB Guidelines To Agencies On Governmentwide
Debarment And Suspension (Nonprocurement)" (4)2 CFR Part 182, "Governmentwide Requirements for Drug-Free
Workplace(Financial Assistance)"(5)2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles,And Audit
Requirements for Federal Awards"
b. The recipient, and recipients of any subawards under this award, assure and certify that they have and/or will comply
with the following regulations, as applicable.The full text of Code of Federal Regulations references may be found at
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.ecfr.gov/.
(1)2 CFR Part 175, "Award Term for Trafficking in Persons" (2)2 CFR Part 417, "Nonprocurement Debarment and
Suspension"(3)2 CFR Part 418, "New Restrictions on Lobbying" (4)2 CFR Part 421, "Requirements for Drug-Free
Workplace(Financial Assistance)"
c.Allowable project costs will be determined in accordance with the authorizing statute,the purpose of the award, and to
the extent applicable to the type of organizations receiving the award, regardless of tier.The following portions of the
Code of Federal Regulations are hereby incorporated by reference.The full text of Code of Federal Regulations
references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.
ecfr.gov/.
(1)2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal
Awards" (2)48 CFR Part 31, "Contract Cost Principles and Procedures"
II. UNALLOWABLE COSTS
The following costs are not allowed:
a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including any no-
cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d.
Compensation for injuries to persons or damage to property arising from project activities
This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR
Part 200, "Subpart E—Cost Principles", or direct specific inquiries to the NRCS administrative contact identified in the
award.
III. CONFIDENTIALITY
a.Activities performed under this award may involve access to confidential and potentially sensitive information about
governmental and landowner issues.The term"confidential information" means proprietary information or data of a
personal nature about an individual, or information or data submitted by or pertaining to an organization.This information
must not be disclosed without the prior written consent of NRCS.
b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.
C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject
to the Privacy Act.The recipient's personnel must also comply with privacy of personal information relating to natural
resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171).
Page 9 of 14
c.The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information
protected under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110-246), U.S.C. 8791.
d. The recipient agrees to comply with the"Prohibition Against Certain Internal Confidentiality Agreements:"
1.You may not require your employees, contractors, or subrecipients seeking to report fraud,waste, or abuse to sign or
comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information. 2. You must notify your employees, contractors, or
subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph
(1)of this award provision are no longer in effect. 3.The prohibition in paragraph (1) of this award provision does not
contravene requirements applicable to any other form issued by a Federal department or agency governing the
nondisclosure of classified information. 4. If NRCS determines that you are not in compliance with this award provision,
NRCS: a. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the
Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; b. May pursue other
remedies available for your material failure to comply with award terms and conditions.
IV. PRIOR APPROVAL REQUIREMENTS
The following are the most common situations requiring prior approval. However,the recipient is also bound by any other
prior approval requirements of the applicable administrative provisions and Federal cost principles.
a. Purpose or Deliverables.—When it is necessary for the recipient to modify the purpose or deliverables, the recipient
must submit a written request and justification for the change along with the revised purpose or deliverables of the award
to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2.
Narrative explaining the requested modification to the project purpose or deliverables 3.A description of the revised
purpose or deliverables 4. Signatures of the authorized representative, project director, or both
b. Subaward/contractual Arrangement.—The recipient must submit a justification for the proposed subaward/contractual
arrangements, a statement of work to be performed, and a detailed budget for the subaward/contract to the NRCS
administrative contact. Subaward/contractual arrangements disclosed in the application do not require additional
postaward approval.
c.Absence or Change in Project Leadership.—When a project director or the person responsible for the direction or
management of the project-
1. Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction
in time devoted to the project,the grantee must notify the NRCS administrative contact in writing, identifying who will be
in charge during the project director's absence.The notification must include the qualifications and the signature of the
replacement, signifying his or her willingness to serve on the project.
2. Severs his or her affiliation with the grantee, the grantee's options include—i. Replacing the project director.The
grantee must request written approval of the replacement from the NRCS administrative contact and must include the
qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii.
Subcontracting to the former project director's new organization. The grantee must request approval from the
administrative contact to replace the project manager and retain the award, and to subcontract to the former project
director's new organization certain portions of the project to be completed by the former project director. iii. Relinquishing
the award.The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project
director that indicates that the grantee is relinquishing the award.The letter must include the date the project director is
leaving and a summary of progress to date.A final Standard Form (SF)425 reflecting the total amount of funds spent by
the recipient must be attached to the letter.
3. Transfers the award to his or her new organization, the authorized organization's representative at the new
organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the
amount of funds to be transferred is known: i. The forms and certifications included in the application package ii.A
project summary and work statement covering the work to be completed under the project(deliverables and objectives
must be the same as those outlined in the approved proposal) iii.An updated qualifications statement for the project
director showing his or her new organizational affiliation iv.Any cost-sharing requirements under the original award
transfer to the new institution;therefore, cost-sharing information must be included in the proposal from the new
organization
Note:The transfer of an award from one organization to another can take up to 90 calendar days to accomplish,which
may result in a delay in the project director resuming the project at the new organization.
Page 10 of 14
d. Budget Revisions.—Budget revisions will be in accordance with 2 CFR Part 200.308.
e. No-Cost Extensions of Time.—When a no-cost extension of time is required, the recipient must submit a written
request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award. The
request must contain the following: The length of additional time required to complete the project and a justification for
the extension A summary of progress to date An estimate of funds expected to remain unobligated on the scheduled
expiration date A projected timetable to complete the portions of the project for which the extension is being requested
Signature of the grantee and the project director A status of cost sharing to date(if applicable)
Note:An extension will not exceed 12 months. Requests for no-cost extensions received after the expiration of the
award will not be granted.V. PAYMENTS
a. Payment by NRCS to the entity will be made monthly or quarterly(whichever is mutually agreed upon by both parties)
on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the
submission of a properly executed form SF-270 with supporting documentation.The SF-270 must cite the agreement
number, remittance address, and billing period. The SF-270 must be sent to the NRCS administrative contact at the
email address identified in block 8 of the Notice of Grant/Agreement Award.
b. Unless otherwise specified in the award,the recipient must receive payments through electronic funds transfers.
c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant
to procedures contained in the Federal administrative provisions and 31 CFR Part 205.
d. The method of payment between the recipient and its contractors will be in accordance with the policies and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
Management/National Finance Center method to request payments. If the grantee makes advance payments to
contractors,the grantee must ensure that the timing of such payments is designed to minimize elapsed time between the
advance payment and the disbursement of funds. Payment requests from the grantee's contractors will not be sent to
NRCS for review or approval.
e.Accounting records for all costs incurred under this award must be supported by source documentation. Such
documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents.
Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this
award.All project costs must be incurred within the approved project period of this award, including any approved no-
cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the
approved project period and budget may be disallowed and may result in award funds being returned to the Federal
Government by the recipient.
VI.ACCRUALS
a. Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to
the end of the quarter(submit by March 15, June 15, September 15 and December 15th). b.An accrual represents the
value of goods or services provided to NRCS for which you have not requested payment. The quality and completeness
of NRCS audited financial statements depends on your continuing cooperation and timely information. c.At a minimum,
the signed accrual statement should include, "Under agreement number , at the close of the quarter ending ,
we have provided or anticipate providing goods or services that we have not requested payment for in the amount of
$ ." Include the name and title of the person preparing the accrual estimate.
VII. FINANCIAL REPORTING
a. Recipients must submit a Federal Financial Report(FFR), SF 425 and 425A, in accordance with the following
schedule:
Quarterly Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to
June 30 July 31 July 1 to September 30 October 31
Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above
schedule may result in suspension or termination of award.
b.A final Report must be submitted no later than 90 calendar days after the completion of the award. For final FFRs,
reporting end date must be the end date of the project or agreement period.The reports should be submitted to the
NRCS administrative contact identified in award notifications.
VIII. PERFORMANCE MONITORING AND REPORTING
Page 11 of 14
a. The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves
subaward arrangements, the recipient is also responsible for monitoring the performance of project activities under those
arrangements to ensure that approved goals and schedules are met.
b. Every 6 months the recipient must submit a written progress report. Each report must cover—1.A comparison of
actual accomplishments with the goals and objectives established for the reporting period and,where project output can
be quantified, a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met, if appropriate.
3.Additional pertinent information including,where appropriate, analysis and explanation of cost overruns or high unit
cost.
c. The recipient must submit a final performance report within 90 calendar days after completion of project.
IX.AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F.A non-
Federal entity that expends$750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a
single or program-specific audit conducted for that year.
X. SPECIAL PROVISIONS
a. The recipient assures and certifies that it will comply with the minimum-wage and maximum- hour provisions of the
Federal Fair Labor Standards Act.
b. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States.To
this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as
representatives of the recipient.They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in efforts regarding such parties until
approved by the agency.
c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement.
Xl. PATENTS, INVENTIONS, COPYRIGHTS,AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER
a.Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This
regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention
developed with USDA support.
b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2
months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention
disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to:
Acquisitions Division Grants and Agreements Services Branch 1400 Independence Avenue, SW. Room 6823 South
Building Washington, DC 20250
c. USDA receives a royalty-free license for Federal Government use, reserves the right to require the patentee to license
others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States
must manufacture it domestically.
d. The following acknowledgment of NRCS support must appear in the publication of any material,whether copyrighted
or not, and any products in electronic formats(World Wide Web pages, computer programs, etc.)that is substantially
based upon or developed under this award:
•"This material is based upon work supported by the Natural Resources Conservation Service, U.S. Department of
Agriculture, under number[recipient should enter the applicable award number here]."
In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must
include the following statement:
"Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and
do not necessarily reflect the views of the U.S. Department of Agriculture."
Page 12 of 14
e.All publications printed with Federal Government funds will include the most current USDA nondiscrimination
statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA and NRCS home pages. If the
material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum,
include the statement:
•"USDA is an equal opportunity provider and employer."Any publication prepared with funding from this agreement
must include acknowledgement to USDA, Natural Resources Conservation Service."
The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews,
including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded by
this award.
XII. COST-SHARING REQUIREMENTS
a. If the award has specific cost-sharing requirements,the cost-sharing participation in other projects may not be
counted toward meeting the specific cost-share requirement of this award, and must come from non-Federal sources
unless otherwise stated in the applicable program announcement.
b. Should the recipient become aware that it may be unable to provide the cost-sharing amount identified in this award, it
must—1. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to
secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost
sharing.
c. If NRCS agrees to the organization's proposed plans,the recipient will be notified accordingly. If the organization's
plans are not acceptable to NRCS,the award may be subject to termination. NRCS modifications to proposed cost
sharing revisions are made on a case-by-case basis.
d. Failure by the recipient to notify NRCS in accordance with paragraph (b)above may result in the disallowance of
some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided
under the award, and possible termination of the award, and may constitute a violation of the terms and conditions of the
award so serious as to provide grounds for subsequent suspension or debarment.
e. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well
records of costs to be paid by NRCS. If the recipient's cost participation includes in-kind contributions, the basis for
determining the valuation for volunteer services and donated property must be documented.
XIII. PROGRAM INCOME
Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own
policies. General program income earned under this award during the period of NRCS support must be added to total
project funds and used to further the purpose and scope of this award or the legislation under which this award is made.
XIV. NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to
purchase only American-made equipment and products.Title to nonexpendable equipment purchased with award funds
will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports.When
equipment is no longer needed by the recipient and the per-unit fair market value is less than$5,000, the recipient may
retain, sell, or dispose of the equipment with no further obligation to NRCS. However, if the per-unit fair market value is
$5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition
instructions.
XV. LIMIT OF FEDERAL LIABILITY
The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by
NRCS. However, in the event that an erroneous amount is stated on the approved budget, or any supporting document
relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment
in the NRCS share of the award to align with the Federal amount authorized.
XVI. MODIFICATIONS AND TERMINATIONS
NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the
recipient and NRCS.The award is subject to termination if NRCS determines that the recipient has failed to comply with
the terms and conditions of the award. In the event that the award is terminated, the financial obligations of the parties
Page 13 of 14
will be those set forth in 2 CFR Part 200.339.
XVII.AWARD CLOSEOUT
Award closeout is the process by which NRCS determines that all required project activities have been performed
satisfactorily and all necessary administrative actions have been completed.
Page 14 of 14
EXHIBIT B
Total Estimated Project Budget After Reimbursement/Match Local cost share
Total,All Areas:
Construction(FA)(75%NRCS+25%local) $45,821,212.00 $34,365,909.00 $11,455,303.00
Other(TA)(100%NRCS) $3,436,590.90 $3,436,590.90 $0.00
Total $49,257,802.90 $37,802,499.90 $11,455,303.00
County
Construction $31,721,532.00 $23,791,149.00 $7,930,383.00
Other $2,731,606.90 $2,731,606.90 $0.00
Total $34,453,138.90 $26,522,755.90 $7,930,383.00
Marathon
Construction $7,509,500.00 $5,632,125.00 $1,877,375.00
Other $375,475.00 $375,475.00 $0.00
Total $7,884,975.00 $6,007,600.00 $1,877,375.00
Islamorada
Construction $6,590,180.00 $4,942,635.00 $1,647,545.00
Other $329,509.00 $329,509.00 $0.00
Total $6,919,689.00 $5,272,144.00 $1,647,545.00
EXHIBIT C
NRCS PROJECT APPLICATIONS
FROM MONROE COUNTY,FL
Canal Name and Number Municipality Adjacent Street
1 13 KEY LARGO Unincorporated Monroe County HAZEL ST,KEY LARGO
2 76 ROCK HARBOR Unincorporated Monroe County OCEAN DR,KEY LARGO
3 82 ROCK HARBOR Unincorporated Monroe County LOBSTER LN,KEY LARGO
4 83 ROCK HARBOR Unincorporated Monroe County OVERSEAS HWY,KEY LARGO
5 84 ROCK HARBOR Unincorporated Monroe County OVERSEAS HWY,KEY LARGO
6 98 ROCK HARBOR Unincorporated Monroe County E BEACH RD,KEY LARGO
7 102 TAVERNIER Unincorporated Monroe County BLUE HARBOR DR,KEY LARGO
8 103 TAVERNIER Unincorporated Monroe County BLUE HARBOR DR,KEY LARGO
9 123 PLANTATION KEY ADDED Village of Islamorada MAIN AVENUE,PLANTATION KEY
10 147 LOWER MATECUMBE KEY Village of Islamorada OVERSEAS HWY,LOWER MATECUMBE KEY
11 148 LOWER MATECUMBE KEY Village of Islamorada OVERSEAS HWY,LOWER MATECUMBE KEY
12 157 LOWER MATECUMBE KEY Village of Islamorada OVERSEAS HWY,LOWER MATECUMBE KEY
13 164 CONCH KEY ADDED 3 Unincorporated Monroe County OVERSEAS HWY,CONCH KEY
14 ,203 MARATHON City of Marathon 101ST ST,MARATHON OCEAN
15 204 MARATHON City of Marathon 99TH ST,MARATHON OCEAN
16 - 208 MARATHON City of Marathon 98TH ST,MARATHON OCEAN
17 211 MARATHON City of Marathon 96TH ST,MARATHON OCEAN
18 221 MARATHON City of Marathon 88TH ST,MARATHON OCEAN
19 222 MARATHON City of Marathon 89TH ST,MARATHON OCEAN
20 224 MARATHON City of Marathon 92ND ST,MARATHON OCEAN
21 225 MARATHON City of Marathon 91ST ST,MARATHON OCEAN
22 228 MARATHON City of Marathon 80TH ST,MARATHON OCEAN
23 229 BIG PINE KEY Unincorporated Monroe County NO NAME RD,BIG PINE KEY
24 232 MARATHON City of Marathon W 75TH ST,MARATHON OCEAN
25 238 BIG PINE KEY Unincorporated Monroe County GULF BLVD,BIG PINE KEY
26 239 MARATHON City of Marathon 63RD ST,MARATHON OCEAN
27 240 MARATHON City of Marathon 62ND ST,MARATHON OCEAN
28 242 MARATHON City of Marathon 62ND ST,MARATHON OCEAN
29 244 MARATHON ADDED City of Marathon 15TH ST,MARATHON
30 244 MARATHON ADDED 2 City of Marathon OVERSEAS HWY,MARATHON
31 247 MARATHON City of Marathon 29TH ST,MARATHON OCEAN
32 248 MARATHON City of Marathon OVERSEAS HWY,MARATHON
33 257 MARATHON City of Marathon SOMBRERO BEACH RD,MARATHON
34 258 BIG PINE KEY Unincorporated Monroe County W ORTEGA LN,BIG PINE KEY
35 259 BIG PINE Unincorporated Monroe County GRANADA AVE,BIG PINE KEY
36 263 BIG PINE KEY Unincorporated Monroe County DELGADO LN,BIG PINE KEY
37 266 BIG PINE KEY Unincorporated Monroe County WITTERS LN,BIG PINE KEY
38 268 MARATHON City of Marathon TINGLER LN,MARATHON
39 273 BIG PINE KEY Unincorporated Monroe County MATTHEWS RD,BIG PINE KEY
40 277 BIG PINE KEY Unincorporated Monroe County SUNSET RD,BIG PINE KEY
41 277 BIG PINE KEY MERGED Unincorporated Monroe County FRIGATE LN,BIG PINE KEY
42 277 BIG PINE KEY MERGED 2 Unincorporated Monroe County KILLDEER LN,BIG PINE KEY
43 277 BIG PINE KEY MERGED 5 Unincorporated Monroe County EAGLE LN,BIG PINE KEY
44 278 BIG PINE KEY Unincorporated Monroe County BOUGAINVILLEA LN,BIG PINE KEY
45 280 LITTLE TORCH KEY Unincorporated Monroe County STATE RD,LITTLE TORCH KEY 4A
46 281 LITTLE TORCH KEY Unincorporated Monroe County STATE RD,LITTLE TORCH KEY 4A
47 282 BIG PINE KEY Unincorporated Monroe County HIBISCUS LN,BIG PINE KEY
48 284 BIG PINE KEY Unincorporated Monroe County IROQUOIS ST,BIG PINE KEY
49 287 BIG PINE KEY Unincorporated Monroe County SANDS RD,BIG PINE KEY
50 288 BIG PINE KEY Unincorporated Monroe County HIBISCUS DR,BIG PINE KEY
51 290 BIG PINE KEY Unincorporated Monroe County AVENUE J,BIG PINE KEY
52 292 LITTLE TORCH KEY Unincorporated Monroe County LINDA ST,LITTLE TORCH KEY
NRCS PROJECT APPLICATIONS 0
FROM MONROE COUNTY,FL
Canal Name and Number Municipality Adjacent Street
53 293 BIG PINE KEY Unincorporated Monroe County AVENUE I,BIG PINE KEY
54 295 BIG PINE KEY Unincorporated Monroe County 4TH ST,BIG PINE KEY
55 297 BIG PINE KEY Unincorporated Monroe County 4TH ST,BIG PINE KEY
56 298 BIG PINE KEY Unincorporated Monroe County FLYING CLOUD AVE,BIG PINE KEY
57 299 BIG PINE KEY Unincorporated Monroe County 4TH ST,BIG PINE KEY
58 300 BIG PINE KEY Unincorporated Monroe County 5TH ST,BIG PINE KEY
59 302 BIG PINE KEY Unincorporated Monroe County ENTERPRISE AVE,BIG PINE KEY
60 303 BIG PINE KEY Unincorporated Monroe County SHIPS WAY,BIG PINE KEY
61 307 SUGARLOAF KEY Unincorporated Monroe County CRANE BLVD,SUGARLOAF KEY
62 310 RAMROD KEY Unincorporated Monroe County LESROHDE RD,RAMROD KEY
63 311 RAMROD KEY Unincorporated Monroe County MARIPOSA RD,RAMROD KEY
64 317 LITTLE TORCH KEY Unincorporated Monroe County OVERSEAS HWY,LITTLE TORCH KEY
65 323 SUMMERLAND KEY Unincorporated Monroe County OVERSEAS HWY,SUMMERLAND KEY
66 324 CUDJOE KEY Unincorporated Monroe County COLSON DR,CUDJOE KEY
67 326 CUDJOE KEY Unincorporated Monroe County CUTTHROAT DR,CUDJOE KEY
68 327 BIG PINE KEY Unincorporated Monroe County ELMA AVE,BIG PINE KEY
69 328 SUMMERLAND KEY Unincorporated Monroe County DOBIE ST,SUMMERLAND KEY
70 329 CUDJOE KEY Unincorporated Monroe County OVERSEAS HWY,CUDJOE KEY
71 332 CUDJOE KEY Unincorporated Monroe County 5TH AVE,CUDJOE KEY
72 335 CUDJOE KEY Unincorporated Monroe County SAILFISH LN,CUDJOE KEY
73 336 CUDJOE KEY Unincorporated Monroe County OLD STATE RD,CUDJOE KEY 4A
74 337 CUDJOE KEY Unincorporated Monroe County DROST DR,CUDJOE KEY
75 339 LITTLE TORCH KEY Unincorporated Monroe County PIRATES RD,LITTLE TORCH KEY
76 340 CUDJOE KEY Unincorporated Monroe County DROST DR,CUDJOE KEY
77 344 CUDJOE KEY Unincorporated Monroe County NAVAJO DR,CUDJOE KEY
78 345 CUDJOE KEY Unincorporated Monroe County N EAGLE NEST DR,CUDJOE KEY
79 349 CUDJOE KEY Unincorporated Monroe County N EAGLE NEST DR,CUDJOE KEY
80 350 RAMROD KEY Unincorporated Monroe County OVERSEAS HWY,RAMROD KEY
81 351 SUMMERLAND KEY Unincorporated Monroe County W SHORE DR,SUMMERLAND KEY
82 353 CUDJOE KEY Unincorporated Monroe County N EAGLE NEST DR,CUDJOE KEY
83 359 CUDJOE KEY Unincorporated Monroe County PEBBLE PATH,CUDJOE KEY
84 372 CUDJOE KEY Unincorporated Monroe County PICARD LN,CUDJOE KEY
85 375 CUDJOE KEY Unincorporated Monroe County PUERTO BELLO DR,CUDJOE KEY
86 378 CUDJOE KEY Unincorporated Monroe County CALICO JACK CIR,CUDJOE KEY
87 381 SUMMERLAND KEY Unincorporated Monroe County HUDGINS DR,SUMMERLAND KEY
88 384 SUGARLOAF KEY Unincorporated Monroe County MOSHER DR,SUGARLOAF KEY
89 388 SUGARLOAF KEY Unincorporated Monroe County OVERSEAS HWY,SUGARLOAF KEY
90 397 SUGARLOAF KEY Unincorporated Monroe County SUGARLOAF BLVD,SUGARLOAF KEY
91 418 SUGARLOAF KEY Unincorporated Monroe County W POINT DR,SUGARLOAF KEY
92 422 SUGARLOAF KEY Unincorporated Monroe County KEYSTONE RD,SUGARLOAF KEY
93 433 SADDLEBUNCH KEYS(MERGED) Unincorporated Monroe County W CIRCLE DR,SADDLEBUNCH KEYS
94 437 BIG COPPITT Unincorporated Monroe County BARCELONA DR,BIG COPPITT KEY
95 438 BIG COPPITT KEY Unincorporated Monroe County JADE DR,BIG COPPITT KEY
96 441 BIG COPPITT KEY Unincorporated Monroe County DIAMOND DR,BIG COPPITT KEY
97 442 BIG COPPITT Unincorporated Monroe County ED SWIFT RD,BIG COPPITT KEY
98 444 BIG COPPITT KEY Unincorporated Monroe County OVERSEAS HWY,BIG COPPITT KEY
99 445 BIG COPPITT KEY Unincorporated Monroe County CACTUS DR,BIG COPPITT KEY
100 470 GEIGER KEY Unincorporated Monroe County GEIGER RD,GEIGER KEY
101 472 GEIGER KEY Unincorporated Monroe County VENUS LN,GEIGER KEY
102 475 GEIGER KEY Unincorporated Monroe County SIRIUS LN,GEIGER KEY
103 500 SUMMERLAND KEY Unincorporated Monroe County E SHORE DR,SUMMERLAND KEY