Item D06 D.6
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: D.6
Agenda Item Summary #6460
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to ratify Amendment 0004 to NRCS Grant Agreement
NR184209XXXXCO27, providing a 90-day time extension, no new funds, to the grant agreement
from the United States Department of Agriculture (USDA) Natural Resources Conservation Service
(NRCS) for marine debris removal, administrative and related services totaling $49,716,015.02
(NRCS federal portion: $38,260,712.02).
ITEM BACKGROUND: This item is to ratify Amendment 0004 to USDA NRCS grant
4NR184209XXXXCO27. Amendment 0004 extends the time from December 31, 2019 to March 30,
2020. The time extension was approved by NRCS to allow time for the 2 new canals approved for
marine debris clearing to be cleared.
The grant amount remains unchanged at $49,716,015.02 (federal funds awarded: $38,260,712.02;
County match portion remains unchanged at $11,455,303.00).
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
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.
05/22/19: 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
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D.6
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).
8/21/19: Approval to ratify Amendment 0003 to NRCS Grant Agreement NR184209XXXXCO27,
providing a 135-day time extension, no new funds, to the grant agreement from the United States
Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine
debris removal, administrative and related services totaling $49,716,015.02 (NRCS federal portion:
$38,260,712.02).
CONTRACT/AGREEMENT CHANGES:
90 day No Cost Time Extension for 2 additional Canals approved for Marine sediment removal
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FL Monroe Co GADSUM-5 FY20 Amend 4 EWPP NCE
EXECUTED STAMPED NRCS Amendment 003 5824 (8/20/19)
NRCS Second Amendment Fully Executed
Monroe County EWP Agreement NR184209XXXXCO27 Fully Executed
Monroe County EWP NR184209XXXXCO27 Amend 1 executed
FINANCIAL IMPACT:
Effective Date: Upon execution by both parties New Expiration Date: March 30, 2020
Total Dollar Value of Amendment No. 4: $0 Total Dollar Value of Grant: $49,716,015.02
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: No If yes, amount:
Grant: Yes
County Match: Yes
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Rhonda Haag Completed 01/06/2020 10:58 AM
Cynthia Hall Completed 01/07/2020 7:15 AM
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D.6
Budget and Finance Completed 01/07/2020 8:30 AM
Maria Slavik Completed 01/07/2020 9:23 AM
Kathy Peters Completed 01/07/2020 2:40 PM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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Grants and Agreements Division (GAD)Submission Memo (FY20 GADSUM-5) I D.6.a
Recipient Request and Amendment for a No-Cost Extension of NRCS EWPP Cooperative Agreement
1. Event name Hurricane Irma 2. Agreement#NR184209XXXXCO27
3. Recipient/SponsorMonroe County 4. State FL 5. Amendment# 4
6. Project# 5072 7. Current period of performance 08/13/2018 to 12/31/2019
8. Number of calendar days for extension 90 9. New proposed end date 03/30/2020
10. Provide a justification for the extension, including an explanation for the delay.
NRCS approved 2 additional canals for sediment removal after sponsor provided supporting
documentation that there was accumulated sediment from Hurricane Irma.
11. Provide a summary of progress to date and revised milestones, including a list of deliverables that will be delayed
and when they will be completed. (Note: Attach a separate document if necessary.) 0
Debris removal for 172 canals is complete and sponsor will have debris removal complete on all 248
canals by 12/31/19. Sediment removal on 10 canals is complete. Final completion date on all work
(debris removal and sediment removal) will be 3/30/2020.
12. Notes/Comments/Additional Information (such as, changes to points of contact or Statement of Work (SOW)
6000003865
U
The State MUST attach the sponsor request letter for this request to be processed.
0.
State Conservationist may approve the first extension for an EWPP agreement, and this is limited to 10 days for
exigency projects and 60 days for emergency projects. See EWPP Manual Part 512.13 B.(2).
All other extensions must be approved by
The State must complete FY20 GADSUM-5Program Attachment (Page ).
13.Agency Program /Technical Contact
JASON STRENTH Digitally signed by JASON STRENTH
Date:2019.11.14 15:34:04-05'00' Date 11/14/2019 Phone#352-338-9559
Typed Name Jason Strenth Email Addressiason.strenth@usda.gov
era
14. State Conservationist
RUSSELL MORGAN Date:Digitally001911.1416:1429-0500'
Date
Typed Name Russell Morgan Email Addressrussell.morgan@usda.gov
0
U
15. Grants and Agreements Division Concurrence yes if NO, state the reason in Block 12
MOI RA SAN FORD Digitally signed by MOIRA SAN01 Date Phone# r_
Date:2019.12.1712:54:22-OS'00' 12/17/2019 614-255-2495
Typed Name Moira Sanford Email Address moira.sanford@usda.gov
16. In accordance with the National EWPP Manual, Part 510.4 and Part 512.13(B),the extension request is
Upload a detailed progress report to the EWPP Share Point site and provide a copy of the report to Regional Conservationist within 0
30 days from the the date this amendment is signed and then every 60 days until the project is completed.
In accordance with the EWPP Policy Manual,Part 513,Subpart A,Section 513.1 a final report will be due no later than 90 days after completion of the project.
Headquarters Program Approval
KEVIN FARMER
2019.12.3011:37:41-05'00'
Date Phone#
Typed Name Email Address
This document serves as the fully executed amendment to this agreement. Except as provided herein, all other terms
and conditions of the original agreement and any previous amendments remain unchanged and in full force and effect.
Page 1 of 4 FY20 GADSUM-5 Version 1
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D.6.a
FY20 GADSUM-5 Program Attachment
1. Event name Hurricane Irma 2. Agreement#NR184209XXXXCO27
3. Recipient/SponsorMonroe County 4. State FL 5. Amendment# 4
6. Project# 5072 7. Current period of performance 08/13/2018 to 12/31/2019
8. Number of calendar days for extension 90 9. New proposed end date 03/30/2020
10. Associated DSRs for this Amendment
DSR No. MC-17-005
d
11. Previous extension amendments time table
Previous Time
Extension Days of Revised Granted by Reason for Extension
Amd# Extension Expiration Date
Additional debris and sediment discovered during
1 60 05/20/2019 STC construction
Delay due to permitting, obtaining property rights, z
2 90 08/18/2019 NHQ hauling logistics
Additional canal approved for debris removal by E
3 135 12/31/2019 NHQ NRCS
LO
0
0
0
Performance time of the Total performance time for
original agreement, 220 agreement including this 595
in calendar days amendment, in calendar days
Page 2 of 4 FY20 GADSUM-5 Version 1
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D.6.a
BOARD OF COUNTY CONINIISSIONERS
Nlay ' vnu Murphy,. Disrrn 5County of Monroe Mayor,pro ; auuy IVi L;Vasn.iruu n. II
The Florida Keys ��"�°�� Commissioner Michelle Coldiroin,t hstrar.ain
omiirtnns6ciraar David Rica, taosuio4
Caanaumuissioner thsilficu 3
October 25,2019
Jason Strenth
d
Stake Co nservaatt.1«rnNt Engineer
Natural Resources Conservation Service
2614 3rd Street E
Gainesville,Florida 3260
RE:Time Extensiora for USD ,NRCS Graarnt.AW.veirrnerat No,NR p 84209XXXXCO27
Dear Mr. tre nth:
rauniroe County is hereby requesting as 90 day no-cost tprrne emerusnorn for work being performed under the USDA DS Grant
Agreement No. NR 184209XXXXCO27,to extend the agreement nt termination daatna iron December all,2019 to March 3 p, 20,70
The t3rrne extension as necessary in order to complete the RCS-a difiornall approved rnnaarprnar su dinnerut.removal aactpvotoes under
khe fourth phase e of the program
°l he„paean ficaat3rarn for the 90-day no cost tturnne extension is based on new raaaarprne sediment removal work for up to 2 canals M
approved by WiCS on October p 1,2019.
U
The NRCS approved 172 canals for debris removal for the original 22 -daay graink award.The first tarnne-eme nsio n for 60 ways a.
to complete marine debris removal work was approved extending the turrne 3'ruarin March 2 p, 2019 to May 20,20 p 9. Gin February
4, 2019, approved 10 canals for sediment removal and approved a second thnrae extension for 60 days to August 18,
2019. Gin August p 3,20 p 9,NRCS approved 76 canals for debris removal and approved a third ffine exitension for p 35 days to
December 31,2019.
The County is requesting ra fiburth finne extension for 90 days to allow turrne to complete the new 2 canals approved for rrnaairurne
sediment nt rernov al.'rhe no cost time extension would revise the corrnplefiazrr date of the Grant Agreement No.
NRI 8.4209XXXXCO27 from December 31,2019 to March 33.,2020.Attached please finnna3 the revised based
on i1he March 31,2020 revised completion date.
Thank you kindly for your consideration. Please contact Rhonda Haag at(305)453_8774 or,h' �, ...................................... K:au a,cuuu;��py,,,: cis
for any additional prufsaruanautio n that you rruight.reed in assessing our request.
0
0
P.omaaru aust�sp
County Admiriiistrator
onroe Couinty
cc., Rhonda Haag
AttachrnnnM=Revised Project Schedude
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Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name Duration Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter .2nd
May'..Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar. Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
1 Phase I&II-Debris Removal Activities 296days Tue 6/26/18 Wed4/17/19I
2 Pre Design Meeting 1 day Tue 6/26/18 Tue 6/26/18',..
3 Submittal Work Plan and Schedule 8 days Wed 6/27/18 Wed 7/4/18',..
4 Submit and Receive FKNMS Permit 23 days Thu 7/5/18 Fri 7/27/18',
5 Review and Approval of Plans,Specifications,and QAP 40 days Thu 7/5/18 Mon 8/13/18',
6 Execute Marine Debris Contractor and Monitoring Firm 13 days Sat 7/28/18 Thu 8/9/18',..
Contracts
7 Execute Grant Agreement 4 days Fri 8/10/18 Mon 8/13/18 8/13
8 Issuance of NTP to Marine Debris Contractor and Monitoring 1 day Tue 8/14/18 Tue 8/14/18
Firm
9 Kickoff/Pre Construction Meeting 1 day Wed 8/15/18 Wed 8/15/18 &�
10 Construction Commencement ALL DSRs 1 day Thu 8/16/18 Thu 8/16/18',.
11 DSRp1-Big Coppitt,Geiger,Saddlebunch,and Sugarloaf Keys 217 days Fri 8/17/18 Thu 3/21/19',..
12 Pre Assessment Surveys(side scan sonar) 5 days Fri 8/17/18 Tue 8/21/18',
13 Debris Removal/Hauling Activities 212 days Wed 8/22/18 Thu 3/21/19',
14 Post Assessment Surveys(side scan sonar)-On going 212 days Wed 8/22/18 Thu 3/21/19',..
throughout project
15 As-Built and Engineer certification of completion-On going 212 days Wed 8/22/18 Thu 3/21/19'., ®3/21
throughout project
16 Review/Approval by Monroe County and NRCS-On going 212 days Wed 8/22/18 Thu 3/21/19',
throughout project
17 DSRp2-Cudjoe,Summerland,Ramrod,and Little Torch Keys 217 days Fri 8/17/18 Thu 3/21/19',
18 Pre Assessment Surveys(side scan sonar) 5 days Fri 8/17/18 Tue 8/21/18',..
19 Debris Removal/Hauling Activities 212 days Wed 8/22/18 Thu 3/21/19',..
20 Post Assessment Surveys(side scan sonar)-On going 212 days Wed 8/22/18 Thu 3/21/19',
throughout project
Task diliffiMillON Project Summary 'W'' """n Inactive Milestone Manual Summary Rollup w-^-^^-^^-^^-^^-^^-^^- Deadline
Date:Wed 10/23/19 Split External Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C a Start-only C
Summary V Inactive Task Duration-only Finish-only 3
Page 1
Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name ',.Duration Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd
May Jun Jul Aui ep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
21 As-Builtand Engineercertification of completion-Ongoing 212 days Wed 8/22/18 Thu 3/21/19,. m 3/21
throughout project
22 Review/Approval by Monroe County and NRCS-On going 212 days Wed 8/22/18 Thu 3/21/19', 1 L
throughout project
23 DSR#3-Big Pine Key 217 days Fri 8/17/18 Thu 3/21/19',..
24 Pre Assessment Surveys(side scan sonar) 5 days Fri 8/17/18 Tue 8/21/18', "
25 Debris Removal/Hauling Activities 212 days Wed 8/22/18 Thu 3/21/19',
26 Post Assessment Surveys(side scan sonar)-On going 212 days Wed 8/22/18 Thu 3/21/19',
throughout project
27 As-Built and Engineer certification of completion-On going 212 days Wed 8/22/18 Thu 3/21/19'., 3/21
throughout project '..
28 Review/Approval by Monroe County and NRCS-On going 212 days Wed 8/22/18 Thu 3/21/19',..
throughout project
29 ',. DSRH4-Conch,Tavernier,and Key largo 217 days Fri 8/17/18 Thu 3/21/19',
30 Pre Assessment Surveys(side scan sonar) 3 days Fri 8/17/18 Sun 8/19/18'.. '..
31 Debris Removal/Hauling Activities 214 days Mon 8/20/18 Thu 3/21/19',..
32 Post Assessment Surveys(side scan sonar)-Ongoing 214 days Mon 8/20/18 Thu 3/21/19',..
throughout project
33 As-Built and Engineer certification of completion-Ongoing 214 days Mon 8/20/18 Thu 3/21/19', 3/21
throughout project
34 Review/Approval by Monroe County and NRCS-Ongoing 214 days Mon 8/20/18 Thu 3/21/19',
throughout project
35 DSR#SA-Islamorada 137 days Fri 8/17/18 Mon 12/31/18',..
36 Pre Assessment Surveys(side scan sonar) 3 days Fri 8/17/18 Sun 8/19/18',..
37 Debris Removal/Hauling Activities 134 days Mon 8/20/18 Mon 12/31/18'..
38 Post Assessment Surveys(side scan sonar)-On going 134 days Mon 8/20/18 Mon 12/31/18'..
throughout project
39 ',.. As-Built and Engineer certification of completion-Ongoing 134 days Mon 8/20/18 Mon 12/31/18'., ®12/31
throughout project
40 Review/Approval by Monroe County and NRCS On going 134 days Mon 8/20/18 Mon 12/31/18 161 �16 W�tiui4&�
throughout project
Task NIMIIMIIMIMM Project Summary 'W'' """ Inactive Milestone Manual Summary Rollup w-^-^^-^^-^^-^^-^^-^^- Deadline
Date:Wed 10/23/19 Split External Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C a Start-only C
Summary V Inactive Task Duration-only ,,,,,,,,,,,,,,,,,,,,, Finish-only 3
Page 2
Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name ',.Duration',. Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd
May',,Jun lul AugSep Oct Nov Dec an Feb Mar Apr May Jun Jul Aug. Sep Oct .Nov Dec Jan Feb Mar..Apr
41 DSR#SB-Marathon 196 days Fri 8/17/18 Thu 2/28/19,
42 Pre Assessment Surveys(side scan sonar) 5 days Fri 8/17/18 Tue 8/21/18',
43 Debris Removal/Hauling Activities 191 days Wed 8/22/18 Thu 2/28/19',..
44 Post Assessment Surveys(side scan sonar)-On going 191 days Wed 8/22/18 Thu 2/28/19',. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
throughout project
45 As-Built and Engineer certification of completion-On going 191 days Wed 8/22/18 Thu 2/28/19'..
throughout project
46 Review/Approval by Monroe County and NRCS-On going 191 days Wed 8/22/18 Thu 2/28/19',.
throughout project
47 Submit ALL Verification Reports and Side Scan Sonar 8 days Fri 3/22/19 Fri 3/29/19
Documentation to NRCS y
48 NRCS Review/Approval 14 days Sat 3/30/19 Fri 4/12/19 IDD
49 ',. Address NRCS comments and finalize Verification Reports 5 days Sat 4/13/19 Wed 4/17/19',
50 Phase III-Sediment Removal Activities 286 days Tue 11/6/18 Sun 8/18/19I
51 Canal Submittals to NRCS for approval 91 days Tue 11/6/18 Mon 2/4/19',
52 Submittal of Plans,Specifications,and QAP 8 days Tue 2/5/19 Tue 2/12/19',..
53 Submit and Receive USACE Permit 60 days Tue 2/5/19 Fri 4/5/19',..
54 Review and Approval of Plans,Specifications,and QAP 7 days Wed 2/13/19 Tue 2/19/19',
55 Finalize Plans,Specifications,and QAP based on NRCS 45 days Wed 2/20/19 Fri 4/5/19',
comments
56 Pre Construction Meeting 0 days Wed 3/27/19 Wed 3/27/19',. Q /27
57 Issuance of NTP to Marine Debris Contractor and Monitoring 9 days Sat 4/6/19 Sun 4/14/19',..
Firm
58 ',. Construction Commencement ALL DSRs 1 day Mon 4/15/19 Mon 4/15/19',
59 DSR#3-Big Pine Key 111 days Tue 4/16/19 Sun 8/4/19', 11
60 Pre Assessment Surveys(batymetric) 3 days Tue 4/16/19 Thu 4/18/19',. W '..
61 Sediment Removal Activities 95 days Fri 4/19/19 Mon 7/22/19 1144U�
Task dilliMIMIMON Project Summary 'W'' """n Inactive Milestone Manual Summary Rollup w-^-•^-^-^-^-^-^- Deadline
Date:Wed 10/23/19 Split External Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C a Start-only C
Summary V Inactive Task Duration-only ,,,,,,,,,,,,,,,,,,,,, Finish-only 3
Page 3
Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name ',.Duration',. Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd
62 Post Assessment Surveys(batymetric) 3days Tue 7/23/19 Thu 7/25/19
May',,lun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug. Sep Oct Nov Dec Jan Feb Mar..Apr
&1
63 As-Built and Engineer certification of completion 3 days Fri 7/26/19 Sun 7/28/19 Or7 t28
64 ',. Review/Approval by Monroe County and NRCS 7 days Mon 7/29/19 Sun 8/4/19', 1
65 DSRASA-Islamorada 56 days Tue 4/16/19 Mon 6/10/19',..
66 Pre Assessment Surveys(batymetric) 3 days Tue 4/16/19 Thu 4/18/19',
67 Sediment Removal Activities 40 days Fri 4/19/19 Tue 5/28/19',
68 ',. Post Assessment Surveys(batymetric) 3 days Wed 5/29/19 Fri 5/31/19',..
69 As-Built and Engineer certification of completion 3 days Sat 6/1/19 Mon 6/3/19'., 6/3
70 Review/Approval by Monroe County and NRCS 7 days Tue 6/4/19 Mon 6/10/19',
71 DS Rp58-Marathon 96 days Tue 4/16/19 Sat 7/20/19',
72 Pre Assessment Surveys(batymetric) 3 days Tue 4/16/19 Thu 4/18/19',..
73 Sediment Removal Activities 87 days Fri 4/19/19 Sun 7/14/19',..
74 Post Assessment Surveys(batymetric) 3 days Mon 7/15/19 Wed 7/17/19', l4y.
75 As-Built and Engineer certification of completion 3days Thu 7/18/19 Sat 7/20/19 7/0
76 Review/Approval by Monroe Courtyard NRCS 7days Sun 7/21/19 Sat 7/27/19', Q
77 Sediment Removal Project Close Out Documentation 14 days Mon 8/5/19 Sun 8/18/19', O 8/18
78 Phase IV-Debris Removal Activities 237 days Thu 4/18/19 Tue 12/10/19I
79 Approval of Canals Submittals to NRCS for eligibility consideratio 84 days Thu 4/18/19 Wed 7/10/19I 0000E 000"a
80 Submittal of Revised Location Maps and KMZ Files 0 days Wed 7/10/19 Wed 7/10/19', O 7/10
81 Submittal of Time Extension 5 days Thu 7/11/19 Mon 7/15/19',
Task Iiiiiiii0ilEM Project Summary '.. '", Inactive Milestone Manual Summary Rollup w-^-^^-^^-^^-^^-^^-^^- Deadline
Date:Wed 10/23/19 Split External Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C 2 Start-only C
Summary V Inactive Task Duration-only Finish-only 3
Page 4
Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name ',.Duration Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd
0 May lun Jul Aug Sep Oct.. Nov Dec Jan Feb Mar. Apr May Jun Jul Aug. Sep Oct .Nov Dec Jan Feb Mar..Apr
82 Submittal of Revised Attorney Opinion Letter 12days Thu 7/11/19 Mon 7/22/19,
83 Pre Construction Meeting 0 days Mon 7/22/19 Mon 7/22/19'.. 7/22 '..
84 ',. Issuance of NTP to Marine Debris Contractor and Monitoring Firr 0 days Mon 7/22/19 Mon 7/22/19',. ®7/22 '..
85 Construction Commencement ALL DSRs 10 days Tue 7/23/19 Thu 8/1/19',
86 DSRp1-Big Coppitt,Geiger,Saddlebunch,and Sugarloaf Keys 132 days Thu 8/1/19 Tue 12/10/19',
87 Debris Removal/Hauling Activities 92 days Thu 8/1/19 Thu 10/31/19'.. 'WW
88 ',. Post Assessment Surveys(side scan sonar)-On going 92 days Thu 8/1/19 Thu 10/31/19',..
throughout project
89 Verification Reports-On going throughout project 30 days Fri 11/1/19 Sat 11/30/19',..
90 Review/Approval by Monroe County and NRCS-On going 10 days Sun 12/1/19 Tue 12/10/19',
throughout project
91 DSRp2-Cudjoe,Summerland,Ramrod,and Little Torch Keys 132 days Thu 8/1/19 Tue 12/10/19',
92 ',. Debris Removal/Hauling Activities 92 days Thu 8/1/19 Thu 10/31/19', VIS
93 Post Assessment Surveys(side scan sonar)-On going 92 days Thu 8/1/19 Thu 10/31/19',..
throughout project
94 ',. Verification Reports-On going throughout project 30 days Fri 11/1/19 Sat 11/30/19',
95 Review/Approval by Monroe County and NRCS-On going 10 days Sun 12/1/19 Tue 12/10/19',
throughout project
96 DSRp3-Big Pine Key 132 days Thu 8/1/19 Tue 12/10/19',..
97 Debris Removal/Hauling Activities 92 days Thu 8/1/19 Thu 10/31/19',
98 ',. Post Assessment Surveys(side scan sonar)-On going 92 days Thu 8/1/19 Thu 10/31/19'.. mmm ....
throughout project
99 Verification Reports-On going throughout project 30 days Fri 11/1/19 Sat 11/30/19',
100 Review/Approval by Monroe County and NRCS-On going 10 days Sun 12/1/19 Tue 12/10/19',..
throughout project
101 DSRH4-Conch,Tavernier,and Key Largo 132 days Thu 8/1/19 Tue 12/10/19',..
Task diliffiMillON Project Summary k,' """`V Inactive Milestone Manual Summary Rollup w-^-^^-^^-^^-^^-^^-^^- Deadline
Date:Wed 10/23/19 Split External Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C a Start-only C
Summary V Inactive Task Duration-only Finish-only 3
Page 5
Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name ',.Duration',. Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd
May',,lun Jul Aug Sep Oct.. Nov Dec Jan Feb Mar. Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
102 Debris Removal/Hauling Activities 92 days Thu 8/1/19 Thu 10/31/19.. WNNWNNWNNWNNWNNWNNUA4'6'
103 Post Assessment Surveys(side scan sonar)-On going 92 days Thu 8/1/19 Thu 10/31/19',.
throughout project
104 Verification Reports-On going throughout project 30 days Fri 11/1/19 Sat 11/30/19',..
105 Review/Approval by Monroe County and NRCS-On going 10 days Sun 12/1/19 Tue 12/10/19',..
throughout project
106 DSR#SA-Islamorada 132 days Thu 8/1/19 Tue 12/10/19',
107 Debris Removal/Hauling Activities 92 days Thu 8/1/19 Thu 10/31/19'.. VdW
108 Post Assessment Surveys(side scan sonar)-On going 92 days Thu 8/1/19 Thu 10/31/19',. WNNWNNWNNWNNWNNWNN
throughout project
109 Verification Reports-On going throughout project 30 days Fri 11/1/19 Sat 11/30/19',..
110 Review/Approval by Monroe County and NRCS-On going 10 days Sun 12/1/19 Tue 12/10/19',
throughout project
111 DSR#SB-Marathon 132 days Thu 8/1/19 Tue 12/10/19',
112 Debris Removal/Hauling Activities 92 days Thu 8/1/19 Thu 10/31/19',.
113 Post Assessment Surveys(side scan sonar)-On going 92 days Thu 8/1/19 Thu 10/31/19',..
throughout project
114 Verification Reports-On going throughout project 30 days Fri 11/1/19 Sat 11/30/19',
115 Review/Approval by Monroe County and NRCS-On going 10 days Sun 12/1/19 Tue 12/10/19',
throughout project
116 Submit ALL Verification Reports and Side Scan Sonar 7 days Wed 12/11/19 Tue 12/17/19',..
Documentation to NRCS '..
117 NRCS Review/Approval 7days Wed 12/18/19 Tue 12/24/19',..
118 Address NRCS comments and finalize Verification Reports 7 days Wed 12/25/19 Tue 12/31/19', G'
119 Phase V-Sediment Removal Activities 309 days Tue 5/28/19 Tue 3/31/20I
120 Canal Submittals to NRCS for approval 121 days Thu 6/13/19 Fri 10/11/19',
121 Submittal of Plans,Specifications,and CAP 21 days Sat 10/12/19 Fri 11/1/19
Task MONEWOOM Project Summary V ...V Inactive Milestone Manual Summary Rollup w-^-^^-^^-^^-^^-^^-^^- Deadline
Date:Wed 10/23/19 Split EMernal Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C 2 Start-only C
Summary V Inactive Task Duration-only ,,,,,,,,,,,,,,,,,,,,,, Finish-only 3
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Monroe County Hurricane Irma EWP-Debris and Sediment Removal
ID Task Name ',.Duration',. Start Finish luarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May,.Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
122 Submit and Receive USACE Permit(Canal 151) 187days Tue 5/28/19 Sat 11/30/19 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWffW
123 Review and Approval of Plans,Specifications,and QAP 21 days Sat 11/2/19 Fri 11/22/19,..
124 Finalize Plans,Specifications,and QAP based on NRCS 10 days Sat 11/23/19 Mon 12/2/19
comments
125 Pre Construction Meeting 1 day Tue 12/3/19 Tue 12/3/19
126 ',. Construction Commencement ALL DSRs 1 day Wed 12/4/19 Wed 12/4/19',..
127 DSR#SA-Islamorada 114 days Sat 11/23/19 Sun 3/15/20',..
129 Pre Assessment Surveys(batymetric) 3 days Sat 11/23/19 Mon 11/25/19', W
129 Sediment Removal Activities 73 days Thu 12/5/19 Sat 2/15/20 "
130 Post Assessment Surveys(batymetric) 3 days Sun 2/16/20 Tue 2/18/20
131 As-Built and Engineer certification of completion 19 days Wed 2/19/20 Sun 3/8/20
132 Review/Approval by Monroe County and NRCS 7 days Mon 3/9/20 Sun 3/15/20
133 '.. Sediment Removal Project Close Out Documentation 16 days Mon 3/16/20 Tue 3/31/20',
Task NIMIIMIIMIMM Project Summary 'W'' """n Inactive Milestone Manual Summary Rollup w-^-^^-^^-^^-^^-^^-^^- Deadline
Date:Wed 10/23/19 Split External Tasks 0 Inactive Summary Manual Summary Progress
Milestone ® External Milestone &` Manual Task C a Start-only C
Summary V Inactive Task Duration-only Finish-only 3
Page 7
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USDA NRCS-ADS-093
U.S.DeparftneM of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT
1.Awani Idea ing u r 2.Amendment Number Y3 A rd/Pmod P .T rd Ins meat°
7d
N 1 2 CO27 0 0811 018-1 1 01 Cooperative Agreement
5.Age (Name a Address) - 6. ..., Organization(Name and Add ) E
Natural Resources Conservation Service MONROE COUNTY F
P.0.Box 141510 1100 SIMONTONSTREET
Gainesville, FL 14-1 10 KEYWESTFL G- 110
DUNS:07 7 57 I :
7. C P Cang7ff1-fC-S-A-d-Rn-Fs-hvWe 9. Recipient Program Im n strative
Contact Contact Contact z
Name:J' nth Name: I FORD Name:Rhonda e:Rhonda Hag
Phone:( 2) Phone:(61 )25-24 Phone: 774 Phone: 5 774
Email:ja nth u a, Erroll:MOIRA. Email: g- Email: .�
gov SANF0RDQOH.USDA.GOV rhorida@monroamunly-fl.gov rhonda@monroecounty-fl.gov
04
11.CF 12. u 1 .Type of 4. or
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04
10.923 33 U.S.C.701b-1 AmendmentIRWslon Name:Roman Gadesi 00
Phone: 292 2 LO
Email:
gaskwl-
romn@monmecounty-fl.gov
15.Project Title/Description: Monroe County Hurricane Inns EWP-Debris Removal (6000003865)
16.Entity Type: B=County Government
17. elect Funding Type
Select funding type: PZ Federal �IR Non-Federal
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Original funds total 38260712.02 11455303A0 U
Additional funds total $0A0 $0 „
Grand total 38,260,712.020 1145SM3.00
I& Approved Budget
n--'-a nr now
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Personnel 0.00 Fringe Benefits $0.00
Travel WOO Equipment $0.00
.............
Supplies $0.00 Contractual $0.00
_.............. d
Construction 34.35, 9.000 Other $3,894,803.02
Total Direct Cost 38260,712.020 Total Indi $0.00
Total Non-Federal Funds 11456303.00
Total Federal Funds Awarded 38,260,7112.020
U
Total Approved Budget 4%716.015.020
Ws-agmemen � tion . n accepting this
award or amendment and any payments made pursuant thereto,the undersigned represents that he or she Is duly authorized to
M
ad on behalf of the awardee organization,agrees that the award is subject to the applicable provisions of this agreement(and all
attachments),and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts,If any,
found by NRCS to have been overpaid,will be refundedor credited In full to N .
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Name and Title of Authorized ...
Government Representative Signature Date 00
LO
RUSSELL MORGAN �Gk
State Conservationist ,
Name and Title of Authorized 'a
Recipient Representative Signature Date 8114/2 0 0
Roman Gastesl AC U14
«t i�
County Administrator ly
,.�., .......................
------------
NONDISCRIMINATION STATEMENT
The U.S Department of Agriculture(USDA)prohibits discrimination in all Its programs and activities on the bosla of race,color,national origin, IL
age,disability,and where applicable,sex,martini status,familial status,parental status,religion.se)aual orientation,genetic labrmation,political
begefa,reprisal.or because all or a part of an IndividuaCs Income Is derived from arty public assistance program (Not all prohibited bases apply
to alt programs)Pomona with dsabtiitles who require alternative means for communkedon of program information(Braft large pftcas
audbAspe,eta)should contact USDA's TARGET Center at(202)720-2600(voice and TDO) To file a complaint of discrimination write to
USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW.,Washington,DC 20250-9410 or call(8W)795-3272(voice)or(202)
7204W(TDO).USDA Is an opportunity provider and employer
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Ad of 1974(5 U.S.C.Section 522a).
APPROVED AS TO FORM AND CONTENT
MONROE COUNTY ATTORNEY'S OFFICE
olat�uly:�edbyc �11rr
�. � O1�oRCynWa4rW�oa
Caurdryr aCICC au,
Date 2019.491413:2930.04'00'
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Statement of Work
Please note that any narrative below should be considered in addition to the original Statement of Worts,as well as any prior
amendments.
,,,,,,,,,,,,,,,,,,,,,......,..,,,„,,,,,,,,,„_._...................... ,,.........
Purpose
The purpose of this amendment is to extend the performance time 135 calendar days to December 31,2019.
d
All other terns and conditions of the amended agreement remain unchanged and In full force and etfect.
C
_.. .._._-....,.mm 0
Objectives
0
No changes.
.......... . .,. _w,.�,. ............................. ......_..._...... ...�.......... ,....,. C
Budget Narrative
No changes.
,,,,,„,,,,,.,,,,, _ m,,.,,,,,,,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. „..... ,.... ......,........,.,......................,_,..,.......................................
Responsibility of the Parties
No changes.
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Expected Accomplishments......................................... . . and Deliverables ...........,,,,,,, ......................, ,,,, ,,,,,,,,,,,.......... ,...�,,,,,,,,... .,,,,,,,,...,,,,.,.,..
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No changes.
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- .. .,,, ..... .... .. ................ . ,,,,,,,,,,,,,.............,,,,,,,,,,,....._ ------ as
Resources Required 'a
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0
No changes,
....
Mil ._
estone
a.
No changes.
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0
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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
d
I.APPLICABLE REGULATIONS
a.The recipient,and recipients of any subawards under this award,agree to comply with the following regulations,as E
applicable.The full text of Code of Federal Regulations rafamnees may be found at https:1hmw.gpo.gor/fdsy browse/ a
collectionCfr.acdon?cobcdonCode=CFR and http.-/Mww.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,'OMS Guidelines To Agencies On Govemmentwide
Debarment And Suspension(Nonprocurement)'(4)2 CFR Part 182,'Govemmentwide Requirements for Drug-Free
Workplace(Financial Assistancer(5)2 CFR Part 200,'Un'dorm 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 comply
with the following regulations,as applicable.The full text of Code of Federal Regulations references may be found at
httpsJ/www.gpo.govifdsyslbmwse/cotlecUmCfractlon?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 M
Suspension'(3)2 CFR Part 416,'New Restrktions on Lobbying'(4)2 CFR Part 421,'Requirements for Drug-Free
Workplace(FinancialAssistance)'
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 Iq
Code of Federal Regulations are hereby incorporated by reference.The full text of Code of Federal Regulations
00
references may be found at hdpaJMrww.gpo.gov/fdsyafbrowselcollectlonCfr.acUon?colectionCode=CFR and http://www. LO
ecfrgovl.
(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'
Ill.UNALLOWABLE COSTS
The following costs are not allowed:
a.Coda 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 pmJect and any amendments thereto d.
Compensation for Injuries to persons or damage to property arising from project activities
This Nat Is not exhaustive.For general information about the allowabifdy of particular items of costs,please see 2 CFR
Part 200,'Subpart E—Cost Principles',or direct spectiic Inquiries to the NRCS administrative contact Identified in the
award.
III.CONFIDENTIALITY U
a.Activities performed under this award may involve access to confidential and potentially sensitive i dbr madon about
governmental and landowner issues.The term'confidendel irn(mmation'means proprietary information or data of a
personal nature about an Individust,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 wig follow the rules and procedures of disclosure ad forth In the Privacy Ad 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 AcL The m*iemrt's personnel must also comply with privacy of personal information relating to natural
resources conservation programs In accordance with section 1244 of Tille II of the Farm Security and Rural investment
Ad of 2002(Public law 107-171).
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c.The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information
protected under Section 1819 of the Food,Conservation,and Energy Act of 2008(Pl.110-246).U.S.C.8791.
d.The recipient agrees to comply with the'Prohibitlon 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 enforcer,ant 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 requirementrs 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 (s
prior approval requirements of the applicable administrative provisions and Federal cost principles.
a.Purpose or DeWerables.—When it is necessary for the recipient to modify the purpose or delivers ,the recipient
must submit a written request and justification for the change along with the revised purpose or deliverables of the award a
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.Subeward/contractual Arrangement--The recipient must submit a justification for the proposed subawardhmntractual
arrangerrents,a statement of work to be performed,and a detailed budget for the subaward/contract to the NRCS S
administrative contact.Su contractual arrangements disclosed in the application do not require additional Iq
postoward approval. 00
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c.Absence or Change In Project Leadership.—When a ro di or the g raj ip. p ject person responsible for the direction or CD
management of the project
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1.Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction E
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 diredor's absence.The notification must include the qualifications and the signature of the
repkxxmmt,signifying his or her willingness to serve on the project.
2.Severs his or her aRillation with the grantee,the grantee's options include--i.Replacing the project director.The
grantee mud 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,il.
Subcontracting to the former project director's new organization.The grantee must request approval from the
administrative canted to replace the projed manager and retain the award,and to subcontract to fire former project a.
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 data.A final Standard Form(SF)425 rafted, ng the total amount of funds spent by
the recipient must be Wfached to the letter.
3.Transfers the award to No,or her new organization,the authorized orgontmation's representative at the new W
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 B.A
project summary and work statement cmiring the work to be completed under the Project(deliverables and objectives
must be the same as those outlined in the approved proposal)fll.An updated quaiifications statement for the project
director showing his or her new organizational affillIsdon iv.Any cost-sharing requirements under the original award
transfer to the new insdtulion;therefore,cost-sharing lnfbmuftn must be included In the proposal from the new
organization
Note:The transfer of an from one organization to another can take up to 90 calendar days to aocampfish,which
may result in a delay In the project director resurning the project at the new organization.
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d.Budget Revisions.—Budget revisions will be in accordance with 2 CFR Part 200.308.
e.No-Cost Extensions of Time.When a no-coat extension of time is required,the recipient must submit a written
request to the NRCS administrative canted 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 program to date An estimate of funds expected to remain unobl fgated on the scheduled
expiration data A projected timetable to complete the portions of the project for which the extension is being requested ;;F
Signature of the grantee and the projact 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 6
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) E
on a reimbursable or advanced basis upon completion of work outlined herein.Payment will be executed upon the
submission of a property 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 adminishative contact at the
email address identified in block 8 of the Notice of GrantlAgreement Award.
b.Unless otherwise specified in the award,the recipient must receive payments through electramic 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 pores and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
ManagementlNadonal 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 costa incurred under this award must be supported by source documentation.Such N
documentation includes,but is not limited to,canceled chacks.paid bills,payroll records,and subaward documents. ,q
Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this N
award.All project costs must be incurred within the approved project period of this award,including any approved no- LO
cod extension of time.Costs that cannot be supported by source documentation or that are incurred outside of the M
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approved project period and budget may be disallowed and may result in award funds being returned to the Federal
Government by the recipient.
VI.ACCRUALS
a.Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to
the end of the quarter(submit by March 15,June 15,September 15 and Decernber 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 into on.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 tide of the person preparing'the accrual estimate,
Mi.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 accountkmg 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 and data must be the end date of the p rojed or agreement period.The reports should be submitted to the
NRCS adainistrative canted identified in notifications.
Vlil.PERFORMANCE MONITORING AND REPORTING
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a.The recipient Is responsible for monitoring day y performance and for reporting to NRCS.if the project Involves
subaward arrangements,the recipient Is also responsible for monitoring the performance of pniect activities under those
arrangements to ensure that approved goals and schedules are met.
b.Every 6 months the recipient must submit a written progresi report.Each report must cover I.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 masons why goals and objectives were not met,If appropriate.
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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 progrem-specificaudit conducted for that year.
X SPECIAL PROVISIONS
a.The recipient assures and certifies that it will comply with the minimum-wage and maximum-hour provi ' ns 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 M
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 ralse money
through fun sing efforts.Further,NRCS employees must report to their immediate supervisor any negotiations with N
the recipient concerning future empkriment and must refrain from participation in efforls, regarding such parties until S
approved by the agency. Iq
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c.Employees of the recipient will not be consklered Federal employees or agents of the United States for any purposes LO
under this agreement M
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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 200.316.This
regulation provides that small businesses nomWly 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 a.
Building Washington,DC 20250
c.USDA receives a royalty-free license for Federal Government use,reserves the right to require the patentee to license cis
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 U
or not,and any products in electronic formats(World Wide Web pages,computer programs,etc.)that is substantially
upon or developed under thissward:
•'This material is based upon work supported by the Natural Resources Conservation Service,U.S.Department of
Agrkukure.under number[recipient should enter the applicable award number here].*
In mWilllon,all publications and other materials,except scientific articles or papers published in scientific journals,must
include the following statement;
••Any opiniorm 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 ofAgriculture.*
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a.AN publicatbns printed with Federal Government funds will include the most current USDA nondiscrimination
statement,available from the Public Affaire 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 agreernent
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, d
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 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 k.3
sharing.
a If NRCS agrees to the organizaWs proposed plans,the recipient will be notified accordingly. If the organization's
plans are not 000eptable to NRCS,the award may be subject to termination.NRCS modifications to proposed cost
sharing revisions are made on a lose-by-case basis. M
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 CD
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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 susimslon or debarment I°
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e.The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well LO
records of costs to be paid by NRCS.If the recipient's cost participation inch In-kind contributions,the basis for CD
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 end scope of this award or the legislation under which this award Is made.
XIV.NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or prod"with funds provided under this award are encouraged to use such funds to
purchase only A can-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 reciplient 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 mom,the recipient must submit a written request to the NRCS administrative contact for disposition
Instructions.
XV.LIMIT OF FEDERAL LIABILITY U
The maximum financial obligation of NRCS to the redplent 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 how 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 arnount 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 obligatims of the parties
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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. d
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Strenth, Jason - NRCS, Gainesville, FL
From: Morgan, Russell - NRCS, Gainesville, FL
Sent: Friday, August 9, 2019 3:22 PM
To: Albarran,Walter- NRCS, Palmetto, FL; Bhattacharyya, Nina - NRCS, Gainesville, FL,
Binette,Jill - NRCS, Casper,WY; Bodine, Renee - NRCS, Gainesville, FL; Ellis, Frank-
NRCS, Lake City, FL; Gonter, MaryAnne (CTR) - NRCS, Gainsville, FL; Gutierrez, Roney
CD
NRCS, Gainesville, FL; Harvey, Chakesha - NRCS, Bronson, FL; Keith,Jamie - NRCS, CD
Waynesboro, MS; Schmidt,Jeff- NRCS, Royal Palm Beach, FL; Strenth,Jason - NRCS, o
Gainesville, FL; Sullivan, Kevin - NRCS, Gainesville, FL;Watts, Nga - NRCS, Gainesville,
Williams, MJ - NRCS, Gainesville, FL; Eng, Lori (CTR) - NRCS, Gainesville, FL E
Cc: Tillman,James - NRCS,Washington, DC
Subject: Acting STC
Good Afternoon,
After today I will be out of the office until August 19th. I will be attending the SE NACD Region meeting in Gatlinburg a q
the Federation of Southern Cooperative conference in Birmingham. Nga Watts will be acting STC. Have a great
weekend.
Russell Morgan
State ConservationistIr-
USDA-NRCS CD
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2614 NW 43`d Street
Gainesville, FL 32606
00
352-338-9500 LO
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CD
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I _ I
County of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J.Murphy,District 5
The Florida Keys Mayor Pro Tern Danny L.Kolhage,District I
Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
Monroe County Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street,Suite 205
Key West,FL 33040 E
(305)292-4441—Phone
(305)292-4544-Fax
MEMORANDUM
�s
To: Kevin Madok, Clerk of Courts
From: Roman Gastesi, County Administr
Date: August 12,2019 M
RE: Out of Office
I will be out of the office on Monday August 12, 2019 through Friday August 16, 2019. During my00
absence, Sheryl Graham, Sr.Director of Social Services shall have full authority to act on my behalf.
Roman Gastesi
(n
�s
Cc: County Commissioners and Aides
County Attorney
Senior Management
Payroll
Finance
U
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.............................................................................................1.1...............................................................
Original funds total 37802499.90 11455303.00
......................................................................................................... ......I.........................................................................
Additional funds total $458212.12 $0
...............................................................................I.....................................................................................................................I............................................................................................................................... .......................
Grand total 38,260,712.020 11455303.00
............................................................ ...............
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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
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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.
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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
No changes.
d
Expected Accomplishments and Deliverables
No changes.
Resources Required
No changes,
Milestone
No changes. �
x
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75
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0
C
0
C
0
4i
C
0
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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).
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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.
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d. Budget Revisions.—Budget revisions will be in accordance with 2 CFR Part 200.308.
e. No-Cost Extensions of Time.—When a no-cost extension of time is required,the recipient must submit a written
request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award. The
request must contain the following: The length of additional time required to complete the project and a justification for
the extension A summary of progress to date An estimate of funds expected to remain unobligated on the scheduled
expiration date A projected timetable to complete the portions of the project for which the extension is being requested
Signature of the grantee and the project director A status of cost sharing to date(if applicable)
Note:An extension will not exceed 12 months. Requests for no-cost extensions received after the expiration of the
award will not be granted.V. PAYMENTS
a. Payment by NRCS to the entity will be made monthly or quarterly(whichever is mutually agreed upon by both parties) 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.
Vill. PERFORMANCE MONITORING AND REPORTING
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a.The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves
subaward arrangements,the recipient is also responsible for monitoring the performance of project activities under those
arrangements to ensure that approved goals and schedules are met.
b. Every 6 months the recipient must submit a written progress report. Each report must cover—1.A comparison of
actual accomplishments with the goals and objectives established for the reporting period and,where project output can
be quantified,a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met,if appropriate.
3.Additional pertinent information including,where appropriate, analysis and explanation of cost overruns or high unit
cost.
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."
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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.
6
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. 1006
D.6.c
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.
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Packet Pg. 1007
D.6.d
,.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: d
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
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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. 1008
18. Approved Budget
Personnel $0.00 Fringe Benefits $0.00
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 $0.00
ras
Ca
Total Non-Federal Funds 11455303.00
ras
Total Federal Funds Awarded 37,802,499.900
Total Approved Budget 49,257,802.900
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This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this 21
award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization, agrees that the'award is subject to the applicable provisions of this agreement(and all LL
attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid,will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative Signature Date
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RUSSELL MORGAN 00
State Conservationist
3�1Q
Name and Title of Authorized
Recipient Representative Signature Date
Roman Gastesi
County Administrator c trnqg"-bunty mints ra or '�1261Z0/$
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
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Page 2 of 14
Y T D.6.d
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:
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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. 1010
i
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-
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.
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15. For in-kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Operations shall be concurred in by NRCS at the pre-design conference. In-kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
16. The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
project measures. 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.
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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
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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
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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.
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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. 1012
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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.
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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.
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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. 1013
Ply.-- /_ _L 4 A
' 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
performance time is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
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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.
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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
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Sponsor's responsibilities.
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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. 1014
Pl--- " _i 4 A
ti execu e y authorized officials o a signatory parties o is agreement. D.6.d
F. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as set out in this agreement.
G. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the
agreement will be de-obligated from the agreement.
H. If inconsistencies arise between the language in the Statement of Work(SOW) in the agreement and the general
terms and conditions, the language in the SOW takes precedence.
Expected Accomplishments and Deliverables
The following accomplishments and deliverable will be provided to NRCS.
1. One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer(if
applicable), including engineer's cost estimate, and approved Plan of Operations (if applicable).
2. Signed NRCS-ADS-78 supported by an attorney's opinion.
3. One copy of the quality assurance plan.
4. One copy of the operation and maintenance plan (if applicable).
5. One copy of the notice of solicitation, bid abstract, and notice of award.
6. Certification that the project was installed in accordance with the plans and specifications.
7. As-built drawings of final construction signed by a licensed professional engineer within 30 days of completion of D
construction.
8. Quantities of the units of work applied for each site within 45 days of completion of construction.
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Resources Required
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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.
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D.6.d
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
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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
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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"
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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).
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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
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.
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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 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
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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.
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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:
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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
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a`.The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves
subaward arrangements, the recipient is also responsible for monitoring the performance of project activities under those
arrangements to ensure that approved goals and schedules are met.
b. Every 6 months the recipient must submit a written progress report. Each report must cover— 1. A comparison of
actual accomplishments with the goals and objectives established for the reporting period and, where project output can
be quantified, a computation of the costs per unit of output.
2. The reasons why goals and objectives were not met, if appropriate.
3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit
cost. 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
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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. 1019
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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, 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
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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. 1020
r7)-- . -10 -4: -1n
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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.
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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. 1022
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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
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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
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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
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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. 1025
D.6.e
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.
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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.
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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.
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d.Budget Revisions.—Budget revisions will be in accordance with 2 CFR Part 200.308.
e.No-Cost Extensions of Time.—When a no-cost extension of time Is required,the recipient must submit a written
request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award. The
request must contain the following: The length of additional time required to complete the project and a justification for
the extension A summary of progress to date An estimate of funds expected to remain unobligated on the scheduled
expiration date A projected timetable to complete the portions of the project for which the extension is being requested
Signature of the grantee and the project director A status of cost sharing to date(if applicable)
Note:An extension will not exceed 12 months.Requests for no-cost extensions received after the expiration of the
award will not be granted.V. PAYMENTS
a. Payment by NRCS to the entity will be made monthly or quarterly(whichever is mutually agreed upon by both parties)
on a reimbursable or advanced basis upon completion of work outlined herein.Payment will be executed upon the
submission of a properly executed form SF-270 with supporting documentation.The SF-270 must cite the agreement 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.
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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
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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
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a. Recipients must submit a Federal Financial Report(FFR),SF 425 and 425A, in accordance with the following 0
schedule:
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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
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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.
2.The reasons why goals and objectives were not met, If appropriate.
3.Additional pertinent Information including,where appropriate,analysis and explanation of cost overruns or high unit
cost.
c.The recipient must submit a final performance report within 90 calendar days after completion of project.
IX.AUDIT REQUIREMENTS
The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200,Subpart F.A non-
Federal entity that expends$750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a
single or program-specific audit conducted for that year.
X.SPECIAL PROVISIONS
a.The recipient assures and certifies that it will comply with the minimum-wage and maximum-hour provisions of the
Federal Fair Labor Standards Act.
b.Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States.To
this end,they may not participate as directors,officers,employees,or otherwise serve or hold themselves out as
representatives of the recipient.They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts.Further, NRCS employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in efforts regarding such parties until
approved by the agency.
c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement.
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XI. PATENTS, INVENTIONS,COPYRIGHTS,AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER CD
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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.
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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.
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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.'
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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
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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
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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.
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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
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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 d
satisfactorily and all necessary administrative actions have been completed.
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