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Item U2 u.2 t, BOARD OF COUNTY COMMISSIONERS County of Monroe � � Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: U2 Agenda Item Summary #5613 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to ratify Amendment 0002 to NRCS Grant Agreement NR184298XXXXCO27, providing a 90-day time extension, also increasing the technical assistance rate from 7.5% of construction costs to 8.5%, for a $458,212.12 increase to the original $49,257,802.90 grant agreement from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris removal, administrative and related services now totaling $49,716,015.02 (non-County federal portion: $38,260,712.02). ITEM BACKGROUND: This item is to ratify Amendment 0002 to USDA NRCS $49,257,802.90 grant 4NR184209XXXXCO27. Amendment 0002 extends the time from May 21, 2019 to August 18, 2019. The time extension was approved by NRCS to allow time for the 10 canals approved for partial sediment clearing to be cleared. In addition, Amendment 0002 increases the non- construction/technical assistance (monitoring services) rate from 7.5% of construction costs to 8.5%, an increase of $458,212.12 to the original $49,257,802.90, now resulting in a total grant of $49,716,015.02 (federal funds awarded: $38,260,712.02; County match portion remains unchanged at $11,455,303.00). The County Administrator was required to execute the amendment in advance because it must also be signed by NRCS no later than the current expiration date of the grant agreement (May 201') and rules prohibit NRCS from signing it until after the County executes it. If either party signs it after the 20th, the amendment is invalid, and the grant agreement automatically expires. PREVIOUS RELEVANT BOCC ACTION: 07/18/18: Approval to enter into a $49,257,802.90 grant agreement from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris removal, administrative and related services, of which $37,802,499.90 is reimbursable by NRCS and $11,455,303.00 is required as local cost share; and approval for the County Administrator to execute the Agreement and related documents. 03/21/19: Approval to ratify a 60-day no-cost time extension to the $49,257,802.90 grant agreement Packet Pg. 3126 u.2 from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris removal, administrative and related services; signed by the County Administrator in advance. CONTRACT/AGREEMENT CHANGES: 90 day No Cost Time Extension & Increase in Technical Assistance Rate from 7.5% to 8.5% STAFF RECOMMENDATION: Approval. DOCUMENTATION: Monroe County EWP NR184209XXXXCO27 Amend 1 executed NRCS Second Amendment Fully Executed Monroe County EWP Agreement NR184209XXXXCO27 Fully Executed FINANCIAL IMPACT: Effective Date: Upon execution by both parties New Expiration Date: 08/18/19 Total Dollar Value of Amendment No. 2: $458,212.12 New Total Dollar Value of Grant: $49,716,015.20 Total Cost to County and Municipalities: To be determined Current Year Portion: To be determined Budgeted: N/A Source of Funds: Reimbursement from NRCS CPI: No Indirect Costs: Staff time to administer the grant Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: Yes If yes, amount: NTE $458,212.12 Grant: Yes County Match: No match required for technical assistance portion Insurance Required: N/A Additional Details: N/A 07/18/18 304-85532 - RESERVES 304$0.00 REVIEWED BY: Rhonda Haag Completed 05/13/2019 1:27 PM Cynthia Hall Completed 05/13/2019 2:05 PM Budget and Finance Completed 05/14/2019 6:42 AM Maria Slavik Completed 05/14/2019 7:39 AM Kathy Peters Completed 05/14/2019 8:42 AM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 3127 U.2.a USDA S-ADS3 ® U.S.Department of Agri'�culture Natural Resourtes Conservation Service NOTICE OF GRANT AND AGREEMENT 1.Award Identify ng Number 27Amendment Number mm.3.A---rd toJect period 4.Type o rd lnstru mm -nt- d NR184209XXXXCO27 0001 08/13/2018-05/20/2019 Cooperative Agreement _....... . .. ..... mm.....�....�.�.�...................................... . .�.�.�.�..........�......�..�............_.._.�.�.�.�....�.�.�.�... .�......�..�.....�........... ._..._.�....................... 5.A cY(Name and Address) 6. Recipient Organization(Name and Address) Natural Resources Conservation Service MONROE COUNTY OF P. 0. Box 141510 1100 SIONTON STREET Gainesville, FL 32614-1510 KEY WEST FL 33040-3110 DUNS:073876757 EIN: (n ".N C3 Program contact"........,.. 8. C Adminietrative 9.. .�.�..�.�.�.�.�.�.�.�.�.�.� -- - - -�� " - -ecipiant�r 1�. ecipient Adm�nlstrative Contact Contact Contact N e:Jason StrenthName: MOIRA SANFORD Name:Rhonda Haag Name:Rhonda Haag M Phone:(352)338-9559 Phone:(614)255 2495 Phone: 30545 774 Phone:30 53-8774 .� Email:Jason.strenth@fl.usda. Email:MOIRA, Email: he - ail:haag- a gov SA FOR OH.USDA.GOV rhonda@monmecounly-fl.gov rhonda@monmecounty-fl.gov ®11.C_F. .A. ...............M. .......................... . ...................................... ...................-....�.... ..------------------ 12.Authority 13.Type of Action 14.P ram Director � 10.923 33 U.S.C. 701 b-iAmendment/Revision Name: Roman Gastesi Phone:305-2 2 Email:gastesi- < roman@monmecounty-fl.gov ....................................................................... ........................................_.....__ ............................................. ......... . ............. ........................ 15.Project Title/Description, Monroe County Hurricane Irma EWP-Debris Removal 00 a. 6000003865...........�.............................................�..�.�..�......................_......................................... ..........................................,_............................................................ ..... 16. Entity Type: B=County Government . ... a .. .. ,_ _ ... _._...,... _.. .... . .. .. 17. Select Fundi Typ .............._,....... - ----------------------------------....... Select funding type: Federal LT Non-Federal Original funds total 37802499.90 114 3.00 Additional funds total $0.00 0 ................................._...................................mm...mm...M........ - ..-- ,---------------- ----------- ........ ...................... ......mm Grand total 37,802,499.900 11455303,00 Packet Pg. 3128 U.2.a 18. Approved Budget Personnel $0.00 Fringe Benefits $0.00 ....._.......W..�W.�.�.�.�.�.�.�.�.�.�.�.�.......�� ....�. . ��... ..................... ......................... . ............................ .......... ........... � Travel $0.00 Equipment $0.00 . 6 z Supplies $0.00 Contractual $0.00 . .. Construction 34,365,909.� ... _�. .�........ .....�_.. m..�.....�..... ..�......... .�.�. ..... . �� .��. �� 000 Other $3,436,59M90 ... .mm......................... _m__.......... . � ......... . ....... ..................... .............................................................w ......,.,,,................................,......... ....�.....� E Total Direct Cost 37,80 ,499100 Total Indirect Cost $0.00 Total Non-Federal Funds 11455 3.00 cas Total Federal Funds Awarded 37,802,499.90 ......... .......................................................................... . ....................mm............. Total Approved Budget 49,257,80 .900 s agreementsubject to a. lic .. .. �...._. m is ..�.'sub ect to applicable USDA NRCS statutory provisions an nancia i Assistance Regulations cep—g .,,N.. � y payments pursuant t . the undersigned represents tha . In ac tin this � award or amendment and an a ments made ursuant thereto, gthe or she is duly authorized to as act on behalf of the awardee organization,agrees that the award is subject to the applicable provisions of this agreement(and all 0 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 cw RUSSELL MORGAN 1,., X State Conservationist 14 Name and Tide of Authorized °`e Recipient Representative Signature Date 00 Roman Gastesi t d County Administrator �.. a��.. _ ...� m m NONDISCRIMINATION STATEMENT The U S Department of Agriculture(USDA)prohibits discrimination in all its g' programs and activities on the basis of race„color,national origin„ U age.,disability„and where applicable,sex,marital status.familial status,parental status,religion,sexual orientation,genetic information,political 0 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, audiotaps,eta)should contact USDA's TARGET Center at(202)720 2800(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(TOD).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 522s) APPROVED AS TO FORM: DI0"0v*dbyCy* L MONROE COUNTY ATTORNEY'S OFFICE c0,alr9occ.ftMA.nr. ASSISTANT COUNTY ATTORNEY pdt 7019.01.112tS?9W��06 Packet Pg. 3129 U.2.a M . � Statement of Work Please note that any narrative below should be considered In addition to the original Statement of Work, as well as any prior amendments. ................................... ...................................................................... Purpose The purpose of this amendment is to extend the performance time of the agreement 60 calendar days to May 20,2019. d Objectives No changes. 0 Budget Narrative No changes. ............................................... ...w...„...............m................w. w. .................. ............................................................................................w...... ..........,.............................................................................................................................................................................. .................... ............................................................................................................................a Responsibility of the Parties No changes. Expected Accomplishments and Deliverables No changes. a .. .... _ .... mm Resoumes Required No changes, C) N 00 Milestone a. No changes. C 0 0 C 0 4i C 0 Packet Pg. 3130 U.2.a GENERAL TERMS AND CONDITIONS Please reference the below link(s)for 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 d I.APPLICABLE REGULATIONS a.The recipient, and recipients of an subawards under this award,agree to corn E p p y g ply with the following regulations,as applicable. The full text of Code of Federal Regulations references may be found at https./A~.gpo.gov/fdaysibrowse/ collectionCfr.action?collerfionCode=CFR and http:/Avww.ecfr.gov/. a� (1)2 CFR Part 25,'Universel 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 Govemmentwide Debarment And Suspension(Nonprocurement)"(4)2 CFR Part 182,'Govemmentwide 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-//w.vw.gpo.govifdsysibrowse/coll ionCk.schon?collectionCode=CFR and http://www.ecfr.gov/. (1)2 CFR Part 175,'Award Terre 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:/Avww.gpo.gov/fdsya/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 `14 Awards"(2)48 CFR Part 31,'Contract Cost Principles and Procedures" II.UNALLOWABLE COSTS Iq 00 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- a. 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. 0 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 inf ion"means proprietary information or data of a E 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). Packet Pg. 3131 U.2.a 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 0 contravene requirements applicable to any other form issued by a Federal department or agency goveming 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 E 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. M 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— cv 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. cv 00 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 b8 completed by the former project director.lit.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 attach to the letter. 0 3.Transfers the award to his or her new organization,the authorized organizationas 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. Packet Pg. 3132 U.2.a 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 C14 CD Signature of the grantee and the project director A status of cost sharing to date(if applicable) CD CD 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 E 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 OfRce of Financial Management/National Finance Center method to request payments. If the grantee makes advance payments to M 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. x e.Accountingrecords for all costs incurred under this award must be supported pported 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 v Government by the recipient. A.ACCRUALS a.Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to CD the end of the quarter(submit by March 15,June 15,September 15 and December 15th).b.An accrual represents the Iq 00 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 , a. we have provided or anticipate providing goods or services that we have not requested payment for in the amount of Include the name and We of the person preparing the accrual estimate. Al. FINANCIAL REPORTING 0 U a. Recipients must submit a Federal Financial Report(FFR),SF 425 and 425A, in accordance with the following 0 schedule: r_ 0 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. All.PERFORMANCE MONITORING AND REPORTING Packet Pg. 3133 U.2.a a.The recipient is responsible for monitoring day4o-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. CD CD 2.The reasons why goals and objectives were not met, If appropriate. CD 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. N XI. PATENTS, INVENTIONS,COPYRIGHTS,AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER CD U 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. 00 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 o others in certain circumstances,and requires that anyone exclusively licensed to sell the invention in the United States must manufacture it domestically. 0 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.' Packet Pg. 3134 U.2.a .n e.Ali publications printed with Federal Government funds will include the most current USDA nondiscrimination statement,avallable 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, o 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 M 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. cv CD 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 CD project funds and used to further the purpose and scope of this award or the legislation under which this award is made, Iq 00 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$6,000,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. 0 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 finandal obligations of the parties Packet Pg. 3135 U.2.a will be those set forth in 2 CpR Part 200.339. XVII AWARD CLOSEOUT Award closeout is the process by which NRCS determines that all required project activities have been performed 6 satisfactorily and all necessary administrative actions have been completed. x cv M cv Iq 00 IL 0 0 Packet Pg. 3136 USDA NRCS-ADS-093 U.S.Department of Agriculture Natural Resources Conservation Service NOTICE OF GRANT AND AGREEMENT AWARD ........................................Identifying ..... ............... .............................. ........................................................................... Award Identify ng Number 2.Amendment Number 3.Award/Project Fe—dod 4.—Type of award instrument: NR184209XXXXCO27 0002 08/13/2018-08/18/2019 Cooperative Agreement 6 -9—Ag-e—n6i(Name e- and d...........Address) .........................................................................................— —Re,c—i pi-e..nt..........0 r g a n I z a ii o n Name—and...........Address).................................................................................— z Natural Resources Conservation Service MONROE COUNTY OF E P.O. Box 141510 1100 SIMONTON STREET Gainesville, FL 32614-1510 KEY WEST FL 33040-3110 E DUNS:073876757 EIR, _ -.... ............ -6— . — -- ---- .................. .. ................................................ — ............�. NF,6C8ri6ii m Contact 8NRCS Administrative ecipient Program Recipient Administrative Contact Contact Contact O Name:Jason Strenth Name:MOIRA SANFORD Name: Rhonda Haag Name: Rhonda Haag Phone: (352)338-9559 Phone:(614)255-2495 1Phone:305-453-8774 Phone: 305-453-8774 z Email:jason.strenth@fl.usda. Email: MOIRA. Email: haag- Email:haag- < gov SANFORD@OH.USDA.GOV rhonda@monroecounty-fl.gov rhonda@monroecounty-fl.gov W M ........................................................................................ 'a T—1—.0 15 D;k.......................................... 12.—Autho'_dty "i",-3.—Type of Action 14. Program Director 0 �110.923 33 U.S.C.701b-1 Amendment/Revision Name: Roman Gastesi X Phone:305-292-4442 W� Email:gastesi- roman@monroecounty-fl.gov roman@monroecounty-fl.gov u_ E 'a ..................... ...................................................................................... ................................................................................................................. ..... .............................................................. 15. Project Title/Description: Monroe County Hurricane Irma EWP-Debris Removal E 0 6000003865 ....................... .............. ...................................................................................................................... ............................................................................................................................................. 16. Entity Type: B=County Government z 17. Select Funding Type......................................................... .............................. ... ............................. .............................................................................. ...................................................................................................................................................._1...... Select funding type: PZ Federal PZ Non-Federal ——"""""""""- ............................................. .........................................._1............................................................................................. ............................................................... Original funds total 37802499.90 11455303.00 ......................................................................................................... ......I......................................................................... Additional funds total $458212.12 $0 ...............................................................................I.....................................................................................................................I............................................................................................................................... ....................... Grand total 38,260,712.020 11455303.00 ............................................................ ............... Packet Pg. 3137 U.2.b 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 $3,894,803.02 Total Direct Cost 38,260,712.020 Total Indirect Cost $0.00 Total Non-Federal Funds 11455303.00 Total Federal Funds Awarded 38,260,712.020 cas ............................................................................... ......... ............................ .............................................................................................................................._........................ _ Total Approved Budget 49,716,015.020 This a reement is s..___...�._._—.. . ..-...__......_. ..... isi g . � ��ubject to applicable USDA NRCS statutory provisions and Fnancal�Assistance Regulatio In- acre award or amendment and any payments made pursuant thereto,the undersigned represents that he or she is duly authorized t to g to .� act on behalf of the awardee organization,agrees that the award is subject to the applicable provisions of this agreement(and all a 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. ........._...................._......... ............................................................................� � .....,.�.......,........ �..,.....,.......__ .�.m „ X w Name and Title of Authorized 21 Government Representative Signature Date 75 RUSSELL MORGAN State Conservationist _ ,,.,,. Name and Title of Authorized Recipient Representative Si nature P P 9 �,q11111,ReciDate < 5-13-2019 0 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 0 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). APPROVED AS TO FORM: DklitallyaigrwdbyCynt„oaLHaI €N:c Cynthla L Hall,o=n moe MONROE COUNTY ATTORNEY'S OFFICE Co tYDOCC,0u4e.ail=hal!- cynthia@mon—ounty-R.gw, -US Mte:2019.05.131 n5:16-04W Packet Pg. 3138 U.2.b Statement of Work Please note that any narrative below should be considered in addition to the original Statement of Work,as well as any prior amendments. Purpose The purpose of this amendment is to extend the performance time 90 calendar days to August 18,2019 and increase the technical assistance rate from 7.5%of eligible construction cost to 8.5%of of eligible construction cost. The increase in technical assistance rate will increase the technical assistance reimbursement by$458,212.12 from$3,436,590.90 to $3,894,803.02. d All other terms and conditions of the amended agreement remain unchanged and in full force and effect. Objectives The design and installation of EWP measures as detailed in the individual Damage Survey Report(DSR)and described E 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:$49,716,015.02(increase of$458,212.12) 21 The budget includes: 75 Financial Assistance(FA)Costs: Construction Costs(75%NRCS$34,365,909.00+25%Sponsor$11,455,303.00): $45,821,212 E Technical Assistance(TA)Costs: 100%NRCS(8.5%(increase of 1.0%)of total construction cost): $3,894,803.02(increase of$458,212.12) 2. NRCS pays up to 75 percent of eligible construction costs,and Sponsor pays 25 percent of construction costs. NRCS will contribute up to 8.5 percent of the total construction cost for design services,contract administration and construction 0 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. Packet Pg. 3139 U.2.b 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 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. Responsibility of the Parties cv No changes. d Expected Accomplishments and Deliverables No changes. Resources Required No changes, Milestone No changes. � x 21 75 C 0 C 0 C 0 4i C 0 Packet Pg. 3140 U.2.b 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:/twww.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 Govemmentwide Debarment And Suspension(Nonprocurement)"(4)2 CFR Part 182,"Governmentwide Requirements for Drug-Free E 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/. U (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)" t/s 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/. 21 75 (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 E The following costs are not allowed: 0 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). Packet Pg. 3141 U.2.b 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 d 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 E 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 (n 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,.-=- u- 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 cis 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'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. Packet Pg. 3142 U.2.b 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 cy 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) d 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 21 approved project period and budget may be disallowed and may result in award funds being returned to the Federal 75 Government by the recipient. VI.ACCRUALS E 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. U 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. Vlll. PERFORMANCE MONITORING AND REPORTING Packet Pg. 3143 U.2.b 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. cv 3.Additional pertinent information including,where appropriate, analysis and explanation of cost overruns or high unit cost. d c. The recipient must submit a final performance report within 90 calendar days after completion of project. IX.AUDIT REQUIREMENTS E 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. XI. 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 E 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." Packet Pg. 3144 U.2.b 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. d 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 cis 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 0 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 Packet Pg. 3145 U.2.b 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. 6 21 75 0 Packet Pg. 3146 ,.US DA 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: 6 NR184209XXXXCO27 220 Calendar Days From Cooperative Agreement NRCS Signature 0 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 r 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.go 1 5 11. CFDA 12. Authority 13. Type of Action 14. Program Director 10.923 33 U.S.C. 701 b-1 New Agreement Name: Roman Gastesi Phone: 305-292-4442 Email: gastesi- roman @mon roeco u nty-fl.gm N Iq 00 15. Project Title/Description: Monroe County Hurricane Irma EWP - Debris Removal 6000003865 a. 16. Entity Type: 01 = County government 17. Select Funding Type 0 Select funding type: Federal Fl Non-Federal Original funds total 37,802,499.900 11455303.00 E Additional funds total $0.00 $0.00 Grand total 37,802,499.900 11465303.00 Packet Pg. 3147 18. Approved Budget Personnel $0.00 Fringe Benefits $0.00 cv Travel $0.00 Equipment $0.00 0 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 $0.00 ras Ca Total Non-Federal Funds 11455303.00 ras Total Federal Funds Awarded 37,802,499.900 Total Approved Budget 49,257,802.900 x This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this 21 award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the'award is subject to the applicable provisions of this agreement(and all LL attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any, found by NRCS to have been overpaid,will be refunded or credited in full to NRCS. Name and Title of Authorized Government Representative Signature Date N Iq RUSSELL MORGAN 00 State Conservationist 3�1Q Name and Title of Authorized Recipient Representative Signature Date Roman Gastesi County Administrator c trnqg"-bunty mints ra or '�1261Z0/$ 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, U age,disability,and where applicable,sex, marital status,familial status, parental status, religion,sexual orientation,genetic information,political 0 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, o 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(600)795-3272(voice)or(202) 720-6382(TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT MONRO�AW{�TY'ATTOANEY pR2 (MV made in accordance with the Privacy Act of 1974(5 U.S.C.Section 522a). PY CYNTHIA L. HALL ASSISTANT COUNTY ATTOC R ®ate Packet Pg. 3148 Page 2 of 14 U.2.c r i 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 0 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: x 1. Total Estimated Project Budget: $49,257,802.90 ` The budget includes: N Financial Assistance (FA) Costs: �3 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): $3,436,590.90Iq 00 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 0 to contribute resources to complete technical and administrative work. E 3. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial cm assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are a. 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. r- 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 0 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, Packet Pg. 3149 • U.2.c t non-cash materials or services, or in-Kind contributions. I Me value of any in-kind contribution shall e agreed to in writing prior to implementation. Responsibilities of the Parties: A. Sponsor will— `d 1. Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination d 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. U 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 00 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 U must contain the applicable provisions described in Appendix II to Part 200. Davis-Bacon Act would not apply under this WO Federal program legislation. 0 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. Packet ' 3150 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 cv 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. E c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for constructing the eligible EWP project measures. 0 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. x 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 21 75 design parameters set forth in the pre-design conference. LL I- N 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 Iq 00 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 E 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 0 do to ensure the project performs as designed. Upon completion of the project measures, the Sponsor shall assume 0 responsibility for O&M. C 0 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 0 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. Packet Pg. 3151 n L ...FAA • U.2.c 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 M 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. N 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. Iq 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. E 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. 0 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 Depa Packet Pg. 3152 Ply.-- /_ _L 4 A U.2.c ' gricu ure or cognizan au i agency or a purpose o ma ing au i , examina ion, excerp s, an ranscnp ions. 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 cv performance time is extended by court judgment unless such judgment results from actions of the Sponsor not concurred in by NRCS. d 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 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. x 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 21 75 Sponsor's responsibilities. cv 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 Iq 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 a. 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 amendm Packet Pg. 3153 Pl--- " _i 4 A ti U.2.c execute dxecuted by authorized 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. cv 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. x Resources Required 21 5 No resources other than funding. CD Milestones Milestones shall include, but not limited to, the following items: 00 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 E 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. Packet Pg. 3154 f']--- 0 _C 4 A 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 cv GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS d 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 (Non procurement)" (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)" X x 21 c. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to 75 the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the ILL Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations cv references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www. U 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" 00 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 0. - 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. 0 lll. 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 0 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). Packet Pg. 3155 P']--- f1 -Z 4 A 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 cv CD comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully CD reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal CD department or agency authorized to receive such information. 2. You must notify your employees, contractors, or o 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 0 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 21 arrangements, a statement of work to be performed, and a detailed budget for the subaward/contract to the NRCS 75 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 00 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 0 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 0 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. 0 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. Packet Pg. 3156 0- 4nofIn 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 cv 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 o award will not be granted. V. PAYMENTS 0 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 0 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. 21 75 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. I- 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 an approved no- X p J pp p J p 9 Y pp 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. Iq 00 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 E 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 0 U a. Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following 0 schedule: C 0 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 0 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. Vill. PERFORMANCE MONITORING AND REPORTING Packet Pg. 3157 fl--- 4 4 -C 4 A 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. cv 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. E 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 x 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 21 75 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 X under this agreement. XI. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER Iq 00 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: IL 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 o others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States 0 must manufacture it domestically. 0 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." Packet Pg. 3158 r1--- 4 n _.0 4 A 3 U.2.c 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 cv CD must include acknowledgement to USDA, Natural Resources Conservation Service." CD CD The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews, e 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. x 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 21 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 X 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. N XIII. PROGRAM INCOME Iq 00 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 0 $5,000 or more,'the recipient must submit a written request to the NRCS administrative contact for disposition instructions. 0 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 Packet Pg. 3159 r7)-- . -10 -4: -1n will be those set forth in 2 CFR Part 200.339. XVII. AWARD CLOSEOUT cv 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. 21 75 I- cv cv Iq 00 0 0 0 Packet Pg. 3160 rl-- . 4 A -F 4 A