Item E6 � E.6
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: E.6
Agenda Item Summary #6640
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
n/a
AGENDA ITEM WORDING: Approval of a Grant Agreement with the State of Florida,
Department of State, Division of Historical Resources (DHR) in the amount of $500,000.00 for
repairs to the West Martello Tower Citadel that was damaged during Hurricane Irma. There is no
local match required for this grant.
ITEM BACKGROUND: The West Martello Tower Citadel was damaged during Hurricane Irma.
The County applied for a special "2019 Hurricane Irma National Park Services Subgrant" to help
fund the repairs to the Citadel and was awarded $500,000.00. The County does not have to provide a
local match, however we expect the repair cost to be greater than $500,000. The County anticipates
applying for FEMA reimbursement for any project expense that exceeds the grant funds.
PREVIOUS RELEVANT BOCC ACTION:
5/22/19 - BOCC gave approval by Resolution to submit a grant application to DHR for the Special
Category Grant for the West Martello Tower Citadel. (Res. No. 151-2019)
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Grant Agreement& Attachments
DOCUMENTATION:
NPS DHR Grant_W Martello Citadel Attorney Signed- JXD
DHR-NPS Grant Attachments
FINANCIAL IMPACT:
Effective Date: 07/01/2019
Expiration Date: 06/30/2021
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Total Dollar Value of Contract: $500,000.00
Total Cost to County: TBD
Current Year Portion: TBD
Budgeted: DHR/NPS Grant
Source of Funds: TBD
CPI:
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant: DHR grant
County Match: No
Insurance Required: Yes
Additional Details: Once the project is bid and we have a project cost, the County will apply for
FEMA reimbursement for any amount over $500,000.
Grant of$500,000.00
10/16/19 117-77040 - TDC BRICKS & MORTAR 117 $6,500.00
increase to funded Task Order
REVIEWED BY:
Cary Knight Completed 03/03/2020 2:06 PM
Joseph DiNovo Completed 03/03/2020 3:09 PM
Budget and Finance Completed 03/03/2020 4:10 PM
Maria Slavik Completed 03/04/2020 8:30 AM
Kathy Peters Completed 03/04/2020 9:13 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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AG _
STATETffE A,DEPARTMENT OF STATE
AND
Monroe County Board of County Commissioners 0
07876757 0
20.h.fli.100.005
This Agreement is by and between tl-c State ofFlo . Departimni of State,Division ofH storkal Resources hereirafter referred to as the
'Uvisioq"and the Monroe County Board of County Commissioners here` tier referred to as "Grantee."
GranteeTIr has been awarded a 2019 Huricane Irma National Park Service Subgrant by the Division,grant nurnber 20.h.fh.100.005 for the
Project"West Martello Citadel HurricaneRepair,"in the arm=of S$500,000(Grail A ).The Division enters into this
Agreennent pursuant to Lae Item 3174,contained in the 2020 General Appropriations Act,SB 2500,Taws of Florida. ion has the
authority to administer this grant in: accordance with Section 267.0617,Florida Statutes
Funding for this gaint is provided by the Emorgmey Supplerrizrital Historic Preservation Ftir4 Hurricanes Harvey,Inm and Nbria Recovery
Grant(CF A 15.957)awarded to d-c Division by the Departrnent ofthe Interior,National Park Service S),Federal Grant Nunber
P I 9AP00012(die Prim Award).The Prim Award project period is March 1,2019 through March 31,2022.
Pursuarit to the Prime Award,NPS awarded the Division S5,932,724 from dr Emergency SuppleaLmml Historic Preservation F F),of
w1*h$4,959,699 is available for sub is for recovery, Q and disaster nitiption activities directed at historic properties ged during
Hurricane Irma,incident period September 4,2017-October 18,2017.The Division desires to grant a subaward of the Prirre Award to Chattee
ofthe Grant Award Amount.
In consideration of tie mutual covenants and promises contairied parties agree as follows:
1. Grant Purpose. This gi=shall be used exclusively forth"West Martello Citadel Hurricane Repair,"tle public purpose for which —
these Einds were appropriated.
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a) The Grantee shall perforrn the following Scope of Work:
Grant funds will be used to repair'reconstruct the masonry walls of the tower; reconstruct the
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historic arch; and update the West Martello Tower National Register of Historic Places listing.
Funds will also be used for professional arc hitec turaVengineering services.All tasks associated with
the Project shall meet the requirerrents set forth in this agreerwriL 0
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded.
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Payment Deliverable Description Documentation Payment 2
Type Amount
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I Fixed Complete and submit an Application One(1)electronic copy of a $150,000
Price and Certificate for Payment(AIA completed Application and Certificate
Document G702)and Schedule of for Payment(AIA Document G702) o
Contract Values (ALN Document and Schedule of Contract Values 1--
G703), or their equivalents, showing at (AIA Document G703), or their
least thirty percent(30%)of the equivalents, showing at least thirty
project completed, and a project percent(30%)of the project
timeline to the Division for review and completed; One(1)project timeline
approval.
2 Fixed Complete and submit an Application One(1)electronic copy of $150,000
Price and Certificate for Payment(AIA completed Application and Certificate
Document G702) and Schedule of for Payment(AIA Document 702)
Contract Values (AIA Document and Schedule of Contract Values
G703), or their equivalents, showing at (AIA Document G703), or their
least sixty percent(60%)of the equivalents, showing at least sixty
project completed, and the percent(60%)of the project o
professional historic preservation completed; Credentials of
specialist/consultant's credentials to professional historic preservation
the Division for review and approval. speciaht/consultant
3 Fixed Complete and submit an Application One(1)electronic copy of a $150,000
Price and Certificate for Payment (AIA completed Application and Certificate
Document G702)and Schedule of for Payment(AIA Document 702)
Contract Values (AIA Document and Schedule of Contract Values
G703), or their equivalents, showing at (AIA Document G703), or their
least one hundred percent(100%)of equivalents, showing at least one
the project completed, and a draft hundred percent (100%)of the
update to the NRHP listing, project completed; One(1)electronic
conforming to NRRP Bulletin 16a or copy of the draft update to the NRHP
16b as appropriate, to the Division for listing, conforming to NRHP Bulletin
review and approval. 16a or 16b as appropriate
4 Fixed Complete and subr6t a final update to One(I)electronic copy of the final $50,000
Price the NR14P listing, confo `ng to update to the NRHP listing,
NRHP Bulletin 16a or l6b as confo `ng to NR14P Bulletin 16a or
appropriate, to the Division for review 16b as appropriate; Single Audit i
and approval. In addition, a Single Form; Final Progress Report
Audit Form shall be completed by the
Grantee and submitted along with the
Final Progress Report prior to final
payment.
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Totals
c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to
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accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides
details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget
(which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the
term of this Agreement, as stated in Section 2 of this Agreement. o
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2. LangthofAgreetnent This Agreement shall begin on July 1,2019,and shad crid June 30,2021,unless teffninated in accordance with
the provisions of Section 34 of this Agreement.Contract extensions will not be granted unless Grantee is able to provide substantial written
justification and the Division approves such extensionGrantee's written request for such extension must be submitted to the Division
no later thart thirty(30)days prior to the tennination date of this Agreement and no amendmentbe valid until a written amendment s
signod by both parties as required in Section 7 and Section 16 of this Agreeme-M.
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3. Contract Adninistration. The parties am lelly bound by the requirements of this nt. Each parVs contract manager,named
below,will be responsible For monitoring its peribriTance under this Agreement,and wig be the official contact for each part34 Any notice(s)
or other conyminications in reguU to this agreement shall be directed to or delivered to the other partys contract mana@ar by utilizing
information below.Any change in the contact information below shall be submitted in writing to die contract manager within 10 days of the
c
For the Division of Historical Resources:
La Bright Houston >
Florida Department of State
R.A y Building
500 South Bronough Street
Tallahassee,FL 32399
Phone: 50.245.6355
Emait laum. rig t ouston C4,4os.myflorida.co
For the Grantee:
Contact:Monroe County Board of County Commissioners
Address:1100 Simonton St, Room 2-216 Key West Florida 33040 E
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Phone: 305.292.4427
Erruih Erickson- re nee° onroeCounty- L. ov i
4. GrautPayments. Allgraritpayments are requested online via A��4;ti ��i4-�ii41s,cv?tt by sub ' ` a pa nt request withdocurrentation
that the deliverable has been completed and documentation evidencing all expenses incurred in achir ° the completion of the deliverable.
Tle total gi=award shall not exceed the Award Amount,witch shall be paid by die Division inconsideration for 0 Grantee's 2
performance as set forth by the terms and conditions of this Agreement-The grant pa rut schedule is outlined below:
a} All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement.
b} All payments will be made in accordance with the completion of those Deliverables.
5. Electronic Paywnts. The Grantee can choose to use electronic kinds transkr to receive t payments.All grantees wishing to
receive thei award through electrons 11inds transfer must submit a Direct Dcposi Authorization form to the Florida p nt of
Finaincial Services(DFS).If EFT has already been setup For the organi2ation,de Grantee does not reed to submit another aufliorization
form unless the organization has changed bank accounts.The authorization form is accessible at CL
http/hv�vw.uVOorxiacbxo -ismWAAT-omi!DFS-Al-26E.RdE
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6. Florida Substitute o 9. A completed Substitute Fa 9 is required Romany entity that receives a payment fromthe State of
Florida t may be subject to 1099 reporting.DFS must have the correct Taxpayer Identification Number )and other related
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ir&rmation in order to report accurate tax inbrmation to the internal Revenue Service ).Toregister or access a Florida Substitute
Fo 9 visit /hv`rtiv.thndor. acfo.com'.A copy of the Grantee's Florida Substitute o A Friust be submitted to
the Division,as required,in advance of or with the executed Agreermnt
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7. Arnendment to Agreenrient. y request modification ofthe provisions of this Agrecimrit by contacting the Division to
request rant to the co act Changes Witch are agreed upon shall be valid only when in i%riting,signed each of the ar
parties and attached to the original of t ' Agmernent.lfcfmiges are iruplerrented withouit the Division's written approval,
organization is subject to noncornpliance,and&grant award is subject to reduction,partial or co fete refiind to the State ofFlorida
to tan ofdrs Agreement
8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform level of
services required by this Agreerrent in accordance with Sections 215.971 and 287.058,Florida Statutes.
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a) Payments will be withhelif for Hum to co lets services as idenfified in the Scope of Work and Deliverables,provide documentation
that the deliverable has been completed,or demonstrate the appropriate use ofstate or federal
b) I fthe Grantee has spent the Grant Award Amount instate or federal fixxts to corTicte the Scope ofork,die fiml parrent
will be reduced by an amount equal to the cifference between spent state or federal dollars and the Grant Award Amount,
c) Payrrents will be withheld for work not consistent with the applicable historic preservations as oudined Secretary of die o
Interior's Standards and Guidelinesfor Archaeology and Historic Preservation available online at >
�psJ/unv`v.rms.i�®ls► ccL�JlLtorp _-rvatn�st rd t�is htrr]or applicable industry standards
Tr ' ° an shall reduce total grant Rmdmg for Project in duct proportion to any required tch contributions not met by die end of
the grant period.Mis reduction shall be calculated by dividing die actual Fratch artiount by the required rratch amount indicatedin the
Agreement prod t by die Grant Award Amount indicated in dr Agreement.Pmuant to Section 18,Owtee shall
refiind to the Division any excess firds paid oud prior to a reduction oftotal grant kmd*
9. Additional cial Conditions.
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a) For all projects involving developnient activities , the following special conditions apply:
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i. Ali project work nmt be it co e%vhh the Secretary of the Interior's Standards and Guidelines for Archaeology and
Historic Preservation available online at lxtnsJhs�v�v.nps.��visu�hjcrts�histo ` rvationis lYrar.
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ii. Tlie Grantee shall provide photographic docurrentation of restoration activity.Guidelinesregarding dr photographic —
documentation are available online at 1=sNos, co tori-a!! °s irl-catc rw r
iii. Architectural Services
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A. All projects shafirequire contracting for architectuiral/enginceririg services.
B. Mv Grantee may request a waiver of this requirement fromthc Division if they believe that the architecturallenighecring services
are not needed for the Project The Division shaE1 nuke a recommendation to the Grantee after review of the proposed work.
iv. Architectural Docurrents and Construction Contracts CL
The Grantee shall submit the architecturalservices contract to the Division for review arid approval prior to final execution.In
addition,pursuarit to Section 267.031(5)(i),Florida Statrrtas,the Grantee shall sub ' architectural planning docutrents to die
Division for review and approval at die following>stages of develop nt.
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A. Upon eo le` n ofsehermatic design;
B. Upon co lotion of design developtnent and outline specifications;
C. Upon conpletionof 1 %construction doctunents and project mnual,prior to execution ofthe constructioncontract.
v. For the construction phase ofthe Project,in addition to the review subrnissions indicated above,a copy of die construction
contract must be subnitted to the Division for review and approval prior to final execution, n review and approval ofsaid
contracts sbaA not be construed as acceptance by or irrposition upon the Division ofany financial liability in connection with said
contracts.
vi. For projects involving ground disturbance(exanples include.historic buidingors relocation,tion,grading and site work,
installation ofsewer and water fines,subgrade foundation repairs or darrp prooffig,construiction of rew foundations and installation
of landscape materials),the Grantee shall ensure that the following included in all contracts for architectural and
engineering services:
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A. Ground disturbance around historic buildings or elsewhere on the site sha be niiiized,thus reducing possibility darnage
to or destruction ofsignificant archaeological resources.
B. If an archaeological hivmtigation ofthe Project site has not been coryplet4 the architect or engineer shall contact die Division
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for assistance i1 dctc die actions necessary to evaluate the potential for adverse effects of the ground diskffbing activities
on significant archaeological resources. W
C. Significant archaeological resources shall be protected and preserved in place whenever possible.Heavy rnachinery shall not be
allowed in areas where sigaificant archaeological resources may be distutbed or darraged.
D. n preservation of significant arcimeological resomes it place is not feasible,a nitigation plan shall be developed i7 2M
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consultation with and approved by die DivisioWs Co a Review Section(contact inforrmtion available online at
`v►vw. rita*c.corn).Mx rnitigation plan shall be° leunder the direction ofan archaeologist n-aeffig die Secretary
of the InteriorsTmfessional Qualification Standa for Archaeology.
E. ntation ofarclacolo ° al investigation required ° tion actions shall be subrnitted to the Conpliance Review
Section for review and approval This docurnentation shall conforin to the Secretary'of the Interior's Stan arils far
Archaeological °rrrnentation,and die reporting stuxiards of the Co a Review Section set forth it Chapter!A-46,
Florida Administrative Code:
F. AN HistoricPreservation F (HPF)funded grants are subject to the requirerrents of the National Environrmntal Policy Act
(NEPA)of 1969,as arrended.See Section 11.c)of this agreerrent. i
vu. NPS Reviewof PlanningMesign Docurnents for Confornrance to the Secretary of the interior's Standards.In addition to
Division requirerrents for development projects described above,the following t be subtritted to NPS prior to the beginning of
pram assisted develop nt work:
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A. a site plan that has die northdiection clearlyrturked
B. a cWcounty niap with die site ofthe property clearly labeled
C. set ofpbm and specifications for the project
D. photographs(or digital` gzs)ofall exterior elevations of the building or site,with views identified and oriented and keyed to
the site plan.
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E. interior photographs ofall major roorrs and those involved in dr project,labeled and keyed to a floor plan
F. any additional n that will better enable a technical review ofthe project to be conpleted We historic p1totograpK
historic structure reports,building studies,etc.
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Docurnerds
for the entire undertalcingt be subrnitted to NPS for its review and approval to ensure confortramc with d-eo
Secretary of die Interior's SWridards and Guidelinesfor Archaeology and HistoricPreservation,and with die conditions listed in
this Quit rl Work that does not corrply Stirridards in thejudgmiat ofNPS will not be reirnbursed,and rmy
cause to be ternimted and fiinds dco t . y
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b) For all projects involving survey activities,the Following special conditions apply. o
i. The Grantee shall subitit survey project contracts to the Division for review and approval prior to n.
. A 1 A-32 penTit rnust be obtained u ofAmbacological Res=liprior to dr,beginning of&ldwork conducted in
state lands and a copy subtritted to the Division,ifapplicable.
m. For historical structure haeolo ' al survey projects,dr Grantees ll follow thehistoric structure and archaeological survey
guidelines as outlined in the docurrents found onlim at I ,s9dus.rriy r7dit.co t for al
survey report shall conforrit to Chapter IA46,Florida Administrative Code.
iv. For all HPF firded grants,archaeological collections and accorriparog data and recordst be curated in a repository rmeting W
corderrporatyprokssional standards,the Secretatys'Standards 1br Archaeology and Historic Pre n,"and 36 CFR.79
except when other disposition is required by 43 CFR 10,the regulations for de Native Arnerican Graves Protection and
pa ° tion Act(25 U.S.C.3 1). However,de costs ofongoingcuratiDn are not alowablee for HPF grant ass e.
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c) For all projects involving National Register norninatioms or updates,de following special co r apply.
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i. The Grantee shag consult with Division staff for development of the nornination text.Norninatioms must conform to National E
Register ofHistofic Places Bulletin 16a or 16b,as appropriate:httnsllwv. s.L�rv/nr ka lo o
u. 'Ile Grantees El subrnit national register nomination project contracts to de Division for review and approval prior toexecution-
d) NPS Coneumnee with Selection of all Consultants and Contractors. For any project type,prior to consultants of it
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selection,docurnerdation of a competitive corsultant selection process,along ° Y its justification s)for consultant(s)
selected for -assisted work rnust be provided to the Division for subnission to NPS for approval.Cons eo ctor(s)must
have the requisite experience and training in historic preservation or relevant field to oversee project work.All consultants and
contractors rrmt be cornpeffively selected docurnentation of this selection must be nuintaird by the Grantee and be rnadc readiy i
available for exantination by the NPS.Federal contmcfing and procurernent gLtidance can be fourd in 2 CFR 200.318.Maxitrim rates
charged to this t rrny not exceed 120%ofa Federal Civil Service S-15,step 10 salary per project location.Current salaty
tables can be iburd on a ofPersonnel and Managearnt bsftc: sll�wiNi o �4/ licv-drrtr ovrrs iloav-
1e vfil ' s-v`a
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e) Earrycney Supplernontal Historic Preservation Fund,Hurricanes Harvey,ImA and Maria Recovery F
Subrecoients nist execute the following federal fonm prior to Division execution of de Grant Award Agreement and release of the
funds:grant m
i. S rd Fo 424B,Ass es Non Cors tion Proga
_.._. _. . .� _ . ...._e. s� — _ - .......ma.� _. .z _.... . a�
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ii. Staridard Form 424 ,Ass es—Construction Programs
iii. Standard Form Disclosure ofLobbying Activities
f} Emigency Supplerreml Historic Preservation Fund,Hurricanes Harvey,1 overy F c'
Subrecipients must comply with d-c Federal Special Conditions contained to Attachrrient C.
10. Public Endorse rue nts and AcknoWedgernent of Grant Funding.Pursuant to Section 286.25,Florida Statutes,and ESHPF HIM W
Grant Program requirements:
a) Public InforTnation,Endorsements,and Press Releases.
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i. In publici&g advertisingor describing the sponsorship ofthe program thic Grantee shall irickde thic following state t:
project is sponsored in part by the Departirent of Statc,Division of Historical Resources and the State of Florida." variation in
this language must receive prior approval in writing by the Division.
ii. Grantees t publicize or otherwise circulate prornotional rmterial(such as advertiserrents,sales brochures,press releases,
speeches,still and rrofion pictures,articles,manuscripts or other publications)which states or' lies goverrimcntal, p 1,
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bureau,or goverivnent ernployce endorsernent ofa business,product,service,or position which the Grantee represents.No
release ofinibmiation relating to this award may state or` ly that de Goy (state orfederal)approves ofthe Grantee's
work products or considers the Granice's work product to be sTerior to odor p uct%or services. '✓
A. All informationsubmitted for publication or odor public releases of irformation regarding this project shall carry the folowing
disc
Partially funded by the Emergency Suppleutental Historic Presemation Fund,National Park Semice,Deparritient
of the Interior.Any opinions,findings,and conclusions or reconwiendations expressed in this material do not
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constitute endarsetne t or necessarily reflect the views of the Departinent of the Interior or U.S. Government.
B. Granice nwt obtain prior Gowrnrnert approval for arty public info Lion releases concerning this a h refer to the m�
of the Interior or any bureau or emplo3ce(by nanic or title). nc specific IcA layout photographs,etc.of de
proposed release nist be submitted with the request for approval Grantee must provide a digital copy ofany public t�
info tion re es concerning award.
C. As stipulated in 36 CFR Part 800,public views and comwnts re all Federally-funded undertakings on historic
properties t be sought and considered by the authorizing Federal agency.Therefore,the Grantee is d to post a press
reLase irpding de undertaking under this grant in one or marc ofthe major newspapers or news sources that cover the area
affected by the project within 30 days of receiving signed grant Agrecirent.A copy of de posted release must be submitted
to de Division for provision to NPS within 30 days ofde posting.
D. Ilic G=ec must transmit notice of any public c planned to publicize de projector its results in a timelye i
manner so that the Division or the FloridaDepartmorit of State,or NPS,Departnrent ofthe Interior,Congressional or o
Federal officials can attend ifdes° .
E. Copies ofall press releases must be provided to NPS.
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b} Requirement for Project SI a' cation e mast create public notification ofthe project in the form of project s`
we site posft ard proper credit for announcen-ents and publications as appropriate.S' a` n must be submitted to die
Division for approval in advance.Also the sigrilwfficathn must be ofreasonable and adequate design and construction to wkhstand.
weather exposure;be of a siw that can be easily read from the public right-of-way,and be rmintairied in place throughout the project 0
term.At a minimum,all notificadons.must contain the following statement:
'TProject ]is being supported in part by an Emergencyple l Gram from the Historic Preservation Fund administered by
the National Park Service,Depumient of the Interior." y
d°' nal inkirmation briefly identilying the historical significance of the property,recognizing other contiribuors,or use ofthe
a le la (withapproval)is encouraged and permissible.
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Photographic d tan of die sigri/notification must be submitteci to the ° ° n cost of labricatirig and erecting notification
is an eligible cost for die granL Routine rmirAcnancc costs of project signs are not allowable-project costs.
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c} Deliverables/Publications. Grantee must include acknowledgment ofgrant support from the Historic Preservation F F)
of the NPS,Department of Interior,in all defiverables,press,and publications concerning NPS grant-supported activities as
referenced in die Scope of Work°
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i, One digital copy of any deliverable/publication t be to the Division for submission to NPS within 90 calendar days of
the expiation ofdtis Agreerrient,AN deliverables most contain the following disclaimer and acknowledgement:
This material was prochiced with assistance from om the Enrergerrcy Supplemental 1-Tistornc Prese vatlon Fund,administered
by=the National Park Service,Department of the Interior°Any aphdons,findings, and conchrsions ar°reco rnendatimu
arpressed in this maternal are those of the author(s)and do not necessarily reflect lire views of the Depailnieni of the
Interior.
u, DeliverabWpublications include,but am not firrited.to:grant projectreports;books,p ts,brochures or svideo or
audio r documentation ofeverds,including programs,irwitations and photos,webskes,mobile apps,exhibits,and interpretive
signs. i
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iii. All consultants hired d by the Grantee must be iformcd ofthis requirement.
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iv. TIE Division and NPS shall have a royalty-fireright to republish any materials produced under this grant,AD photos 0 included as 2
part of die interim l reporting and de` rab publication will be considered released to the Division ard NPS for film
official use.Photographer, to and caption should be identified on each photo,so Division and NPS may provide proper credit
for use.
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v. A digital(preferred)or al copy of all defivurables must be available for public access.
11. Fedeml Compliance Requirernenis.All.ESHPF HIM subgTant projects mist conply with the followirg federal req ° ,
a) Compliance Wth Section 106.Pmsuard to Section 106 ofthe National Historic Preservation Act(54 U.&C. §306108}the NPS has CL
agreed that State Historic Preservation Offices(S Os)for ESHPF grant assistance must' '° to consultation and must co fete ft
consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation(AC HP)it 36 CFR 800,
prior to the comrriencermnt ofall -assisted construction,ground disturbance or project planning It shall be understood that NPS
remains ultirratclyrcsponsible for all findings and dete tars.T1 primary recipient(S O)must retain proofofp 1 notice and
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a request for consultation for every selected subgrantee in project Mes.Subgrantees will be required to sulinit doc to the SHPO
for deterrnination ofe cts to historic properties.Review documentation wM remain with eachgrantee's subgrant Me until such tirrie as
the e submits a final report and photographs for work to the SHPO to confirm that all work co feted was done as required.
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All docurrientation should conform to 800.11 of the 36 CFR Part 800.DocuTentation ofproper review by SHPO staff for corrpliance 0
with the appropriate Secretary of the Interim's Standards mist be available to NPS at as tinies while die grant retrains open.In o
addition,subgrantees must corrply with those recomnendations stated in the HPF Grants Manual Chapter 8,SectionD'Standards
Applicable to Sub cs."Detenninations of verse Effect wig cause terininations ofsubgrance projects.In cases ofcurnulativey
adverse effects,however,there may be a need to develop a Memorandum of Agreerrent(MOA)with SHPO,NPS and AC HP. o
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b) Co lance Wth Section11 .Section 110 of1he National Historic Preservation Act identifies the responsibility of the federal
agency in their treatnicrit of historic properties.Section 110(0(54 U.S.C.§306107)clarifics the responsibky of the agency to
protect NafiDnal Historic )fium harm In addition,Section 110(k)(54 U.S.C.§306113)prohibits NPS from
granteefijrding any or subgrantec that atte is to avoid die requircirrents of Section 106(see above).Grantees must make every
effort to firid preservation projects that do no harin or adverse efrects.Should it be discovered a grantee has deliberately ged a
property(e.g.,pre-e demolition)to avoid requirements,NPS must be notified to determine,in consultation with the AC HP,if
the project can proceed.
c) Require nient for NEPA Compliance.All HPF flinded Wants are subject to the requirerrients ofthe National Enviromnental Policy
Act(N A)of 1969,as arrionded.This Act requires Federal agcncies to consider die reasonably foreseeable environmental
consequences ofall grant-supported activities.As part ofNPS inplerriertiatiDn ofdris Act,grantees are required to noffy NPS ofany
reasonably foreseeable' acts to the a nt ported activities,or to certify dva no such' acts will on
receipt ofa grant award.In addition,NPS has deterniined that most HPF grant fim&are not expected to individually or cumLilatively
have a significant irrpact on de cnvironrncnt,unless the activity involves develop nt(construction)or arclmcology.For construction
or archaeology projects,the Grantees submit an Environmental ScreeningWork-sheet,in order to assist do NPS in
deterniiing ifa Categorical Exclusion(found in NPS ctor's Order 12)can be utilized.Workshects rray be obtained at:
1sJly�vw.rrcrs.srlp natrn cn1�-ridt rt + iu Workshects maybe subrritted with plans aid specifications if
required by the Scope ofWork.
d) Requirement to Execute n Preservation Cove n se me nt'll-icpurpose ofdevelopment giants fiinded ffimugh the HPF is to i
preserve significant historic properties for this and firture gonemdons.Section 54 U.S.C.§302902 of National Historic
Preservation Act requires t HPF ees must agme to assurre,after de conpletion oft he project,de total cost of continued
nuinteriance,repair and ad ° ° tration of the gram-assisted property in a manner satfactory to the Secretary of the Interior.
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Accord' ,subgraritces awarded funds for the physical preservation ofa historic site shall sign a Preservation CoveriantlEasernent
with the SHPO in which the site is located or to a nonprofit preservation orgumhon acceptable to the NPS.NPS approval ofa
covemnifeasement holder other than de SHPO rnust be in writing The term ofthe covenantleasenient must follow die guidance in the
F Manual-Chapter 6 from de end date of this agreement.The coveroWeaserrent must be executed byregistering it with die deed
of the property.A photocopy of the executed cove d went,starnped registered with die deed,niust be subuiucd to the NPS
prior to de end of the award period ofperronnance and final drawdown of funding A copy ofthe covenant/easement mt be
retainedby the Grantee for the duration of the cove tl e nt.
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A draft copy of the covenart/casernent mist be subinitted to de NPS within one year for review and comrrient.BascIinc
docurrientation of Me character defining features of the site should be do prior to construction through photographs.
Folio conpiction of all work,the preservation covuriant/caserricnit inist docurrient assisted condition of the site andm
de character defining features included as part ofthe doc nt registered with the deed.
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e) GIS Spatial Data Transfer. One(1)digital copy ofany GIS data produced or collected as part of die grant firids will be submitted
to the Division and NPS.All GIS data files.shall be in a she (*.s )or GcoDatabase famnat,pre ly a GcoDatabasc format.
Federal Geographic Data Coninince compliant data set level nwtadata shall be submitted for each shapeffle or feature class included. W
All cultural resources delineated with GIS data(pouts,lines or po ns)should further be established in co c with the NPS o
Cultural Resource Spatial Data Transfer Standards with complete feature level rwiadata.Template GeoDatabases and gAdeffirs;for o
creatings GIS data in die NPS cultural resource spatial data transfer standards can be Ibund at the NPS Cultural
Resource GIS Facility wcbpa : Technical assistance to rmet.die NPS Cultural
Resource Spatial to Transfer Standard specifications will be nude available ifrequestcd.
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flThe use of federal finds to improve public buildings,to linance services or programis contained in public bMbgs,or alter arry bw1dingo
or facility ed in whole or in part with Federal fimds(except privately owned residential structures),requires compliance with the :E
1990 AnrriQans with DisabilitiesAct( A),Section 504 of the Rehabilitation Act of 1973,and the ArchitecturalBarriers Act
(ABA).Work dose to alter the property should be in compliance with all applicable regulations aW guidance.
12. Encumbrance of Funds.71-c Grantee shall execute a binding contract for at least a part ofthe Scope of Work by March 31 in 0c first
year ofthe ram period,except as allowed below.
a) Extension ofEncurybrance Deadline: encurribrance deadline above maybe extended by en approval ofthe Division. o
To beeligible for this extension,Or tee must dennonstrate to the Division that cneunibrance ofgrarl findingthe required
rnatch by binding contract(s)is achievable by the end of the requested extended encumbrance period.The Gramces written request
for extension of the encurnbrzince deadline t be submitted to die Departrnent no later than Neen(15)days prior to the
encunbrance deadline ated above.The nuxiniurn extension of the encumbrance period shall be sixty(60)days.
b) Encumbrance Deadline Exceptiort:For projects not involvingcoruract services dw Grantee and the Department shall consult on a -
by-case basis to develop an acceptable encumbrance schedule.
13. Grant Reporting Requirements. The Grantee must submit Or 161lowing reports to die Division.All reports shall document
completion ofany deliverables/tasks,expenses and activities tlt occurred during that reporting period.All reports on grant progress will be
subrnitted onfiric via i"A-w.dcsLT=corn
a) First Project Progress Report is der by April 30,for the period ending March 31 (first year of the Grant Period). i
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b) Second Project Progress Report is due by July 31,for the period ending June 30(first year ofthe Grant Period),
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c) Third Project Progress Report is due by October 31,for the period ending Septe er 30(second r ofthe Grant Period).
) Fourth Project Progress Report is due by Jarmary 31,for the period ending Decernber 31 (second ofthe Grant Period).
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e) Fr ject Progress Report is due by April 30,for theperiod ending March 31 (second year ofthe Chunt Period).
Sixth ject Progress Reportis due by January 31,for the period ending December 31 (second year of die Grant Period),
g) Seventh Project Progress Report is due by April 30,for the period endirig March 31 (second year ofthe Grant Period).
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) Final Report. The Grantee mist submit a Final Report to the Division within one month oftic Grant Period to set forth in
Section 2 above.All firvil reports must document the completion of all deliverables/tasks,expense and activities that occurred by Or m
Grant Period m.TIr Gmntee may expend i6rids only for allowable costs resulting from obligations incurred during Or specified
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agreement period.EVendkiares ofstate or federal financial assistance must be in co a with die laws,rules,and regulations
applicable to expendhires of state and federal ,including but not firrifted to,this Agreernant, Reference Gffide for State
Expenditures,2 CFR Part 200, F Grants.Manual
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14. Matching Ruids.Nonon-Federal rmtching share is required for ESHPF HIM gram.Arry non-Fedeml sham,whether in cash or in-
ed in the approved project budget is expected to be paid out at the same general rate as Federal share.Exceptions to this
requirement y be granted by the Division based on sullicient documentation demonstrating previously detenTined plans for or later
comirritment ofcash or' contributions.In any case,the Grantee must meet their cost sham commitment over dr life ofthe award.
The Grantee t subrnit documentation that the minimum match requirements have been met and provide to die Division docurriantation
evidencing expenses incurred to comply with this requirmariL
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15. Gmnt Conripletion Deadline. The grant completion deadline is die end date ofthis Agreen-unt set forth in Section 2 above.Ile Grant
Completion Deadline is the date when all grant and matchingfmds have been paid out and expended or incurred in accordance with the
work described in die Scope of Work.,detailed Estimated Project Budgut.If dic Chantee kids it necessary to request an extension of
ft Grant Co lc' n Deadline,an Amendment to the Agreement must be executed as per Section 7,and the st`pulations in Section 16
must be mcL
1 ° Extension of the Grant Completion ea ine. An extension of the completion date mist be requested at least thirty(30)days prior to 0
die end of die Ckint Period and tmy not exceed 120 days,unless the Grantee can clearly demonstrate extenuating circ es; >
provided,however,that under no circurnstances rray this Agrecrnart be extended beyond die period ofperIbrrr=e ofthr Prim Award
through wish this project is Einded.An extenuitting circurnimme is one that is beyond die control of the ee,and one that prevents
timely completion of die Project such as a natural disaster,death or serious illness of die 1 responsible for die completion of die
Project,kigation related to the Project,or ktilure of the contractor or architect to provide the services for which they were contracted to
provide.An extenuating circumstance does not include ffilum to read or urderstand the administrative requirements ofa graiii or failure to
raise sufficient matchirig finds.Changes to the origirW completion deadline shall be valid only when requested in writig approved by the
Division,and an Arrundment to the Agreement has been executed by both parties and attached to die origirial of this Agreement.
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17. Non-allo`rnble Grant Expenditures.The Grantee agrees to expend all grant Kinds received under the agrectrent solely for the purposes
for which they were authorized and a pro r zited.ExpeMitures shall be in co a with die state guidelines for allowable Project costs 0
as outlined in the Department ofFinancial Services'Reference Guide for State ExpeMiures(revised 3/10/2011),which are incorporated
by rererence and are available onfine at lrthzJ(wn`tiv.r d f. on7a4tc1`/ref rerxc c/,Tl Following categories ofexpenditures are
non-allowable for expenditure of grant finds and as contributions to required teh
2
a) Expenditures for work not included in the Scope of Work of the exectoed Grant Award A e nt;
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) Costs of goods and services not procured in accordance with procurement procedures set fbnh in die Grant Award Agreement and
Chapter 287 ofthe Florida Statutes,
c) Expenses incurred or obligated prior to or after the Grant Period,as indicated in Award Agreen-ent;
d) Expenses associated with lobbying or attorripting to infterice Federal,State,or local legislation,the judicial branch,or any state
agency, 0
e) Expenditures for work not consistent with the applicable historic preservation standards as outlined Secretary of the Interior's
Standards and Guidelinesfor Archaeology and HistoricPreservation avaiable online at
} 1/w �ti.rm5 L v`IS cct It for p--- tx�it'sta _ s.l__or applicable industry standards;
0 Costs for projects having h3ving as their primary purpose nt ofFe eral or State historic preservation regulatory requirements,
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specifically,costs ofconsultation and mitigation rreasures required under Section 106 of the National Historic Presevat!on Act of
1966,as arrionded,or urder Section 267.031,F.S.;
g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access,which shall m
include restricting access on the bass of sex,race,color,religion,rational o ` ° disab ' ,ago,pregnancy,IwWicap,or marital status; 0
h) erta` rit,food,beverages,plaques,a ,or gAs;
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i) Costs or value ofdonations.or In-kind Contributions not docurnented in accordance with the provisions ofthr Grant Award
Agreemant;
j) Indirect costs including Grantee overhead, nt expenses,general operating costs and other costs that are not readily W
idenfifiable as expenditures for the materials and services required to complete the work idcrffrd in the Scope ofork in the Grant 0
Award Agreerrent.Evmplcs of indirect costs include:rerit/mortgage,utilities,janitorial services,finrrance,accountin&internet
service,monthly expenses associated to security syste , related adrninistrative and clerical staft marke6g
flindraising activities;
k) Administrative expenditures as expenditures t are directly attrilbutable to management of the grant-assisted Project and meeting
the reporting and associated requirements of the Grant Award Agreement,whether gram expenditures or match contributions,which in
aggregate exceed 5%of fir grant a ,
1) Grantee operational support(Le.,orginimfion.salaries not directly Mated to grant activities;travel expenditures;per them or );
m) Insurance costs n:costs forbuilder's risk,workers'co Lion and contractor's liability insurance);
) Capital irproverrentsto non-historic properties ornon-historic add`' rss to a Historic Property;
o) Capital improvementsto the interior of Religious Props (Exception:repairs to elements ofthe sfiwtural system Examples include:
foundation repairs,repairs to columns,bad bearing wall fiaming,roof tiurning masonryrepass,and window ow exterior door repairs
and restoration practices associated with die building envelope);
) Accessibility i row for Religious Properties;
q) Vehicular ckulation(d ` s!d ' ys)within.d property or from the property to s streets and parking(Exception:
provision of code-required icapp p (s));
r) Sidewalks,paths,walkways,landscape feahm and accessories,pbriting irrigation systerns and site lighting(Exceptions:sidewalk 0.
0.
required to fink die code-required handicapped parking pad(s)to the accessible entry,plariffiesodding required to halt docurnerited
erosion;pnining removal,or relocation oftives posing dte threat to dw historic or archaeological resource;and kdded site
lighting required for security,all if approved by the Division);
s) Fences and gates(Exception:restoration or in-kid replacemem of damaged or missing historicfences,gates,or sections of e);
t) F Eq ' nt(a)Expenditures for equiprrent inckiding but not limited to:desks,tables,seating,
rnats,artwork and decorations,window treatrnents,computers,ters,cameras,printers,scanners,appliances,case goods(including
cabinets,countertops,or bookshelves),new or replacement casework,systems' furniture,portable figliting fixtures,portable sound or
projection systems,specialty fixtures and equipment;visual display units,total stations,movable partitions,and acoustical treatments E
and components,unless specific prior approval has been granted by do Division.(b)Ifspecial equipment is required for cornpiction of
do Project,it shall be rented for the grant term unless R can be shown that acquiring die equipment is cheaper than renfing thei
equipment and approval has been provided by the Division as part ofthe documentation presented at the time ofappficatiorr.Ifthe
value ofspecial equiprnent is to be used as a match contributiork the value ofthe rratch corarbution shall be firnited to the cost of rental
for t Period at the rnarket rate for such rental in the region;
u) Costs associated with attending or 's conferences,surrynits,workshops,or presentations; 0 tions; 2
v) Travel c s,including those ofpersor=l responsible for items ofwork approved by de Division,administrativu personnel,
contracted or subcontracted caployces,either for purposes of mrk on-she or research off-s c;
w) Acquisition of real property,and
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x) Total reconstruictions and nujor reconstruction projects,such as recreating a building or landscape d t has been co letcly
destroyed.
18. Unobligated and Unearnedlo%able Costs. In accordance w ` i Section 215.971,Florida Standes,the Grantee shall
refird to die State of Florida balance of unobligated kmds which Ims been advanced or paid to the Grantee.In addition,firnds paid in a
excess of the amourit to which the recipient is entitled er the terms and conditions ofthe Agreement t be rekmded to the state CL
agency,Further,do recipient may expend fim&only for allowable costs resulting from obligations incurred during the specified agwrnerA
period. e s ofstate or federal firencial assistance must be in cornphance with do lays,rales,and regulations applicable to
expenditures ofstatc and federal finds,including,but not ° ° d to,die Reference GiddeforStale Frpendilures,2 CFR Part 200,and
do IiPf Grants Manual.
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l 9. Repayrnent. AU refimds or repayrrents to be nude to the Division under this Agreement are to be made payable to de order ofthe
'Department of State" riled directly to the following address:Florida p nt of State, n:Grants Program Supervisor,
Division of Historical Resources,500 South Bronough Street Tallaihassee,FL 32399.In accordance with Section 215.34(2),Florida
Statutes,if a check or other draft is returned to the Department for collection,Grantee shall pay to the Departmont a service fee of 15.
or fiw percent(501c)of the face amount of check or drak whichever is greater.
20. Single Audit Act Each Grantee,other than a Cauntee that is a State agency,shall submit to an audit pursuant to Section 215.97,Florida
Statutes.See Attachment B for additional fifortration regarding this requireirent.
21. Retention of Accounting Records.Financial records,supporting docurrents,statistical records,and all other records including electronic
storage do pertinent to the Project shad be retained for a period of five(5)years after the close out of the grant.Ifany litigation or audit
is initiated,or claim nude,before die expiration of the five-year period,the records sl ll be retained until the lifigation,audit,or claim.
been
22. Obligation to Provide State Access to Grant Records.11v Grantee must nuke all grant recordsofc e ,copies of reports,
books,and related documentation available to the Division or a duly authorimcl representative of the State of Florida for h-spection at
reasonable able ° for die purpose of nuking audits,exarninations,excerpts,and transcripts.
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23. Obligation to Provide Public Access to Grant Records. The Division reserves the rijoit to unilateragy cancel this Agreement in die -ru
event that rakises public access to all docurrents or other materials andc or received by the Grantee that are subject to the 2
provisions of Chapter 119,Florida Statutes,known as die Florida Ptt6lic Records Act.The Grantee rrust imnEdiately contact the
Divisiods Contract Manager for assistance if it receives a public records request rented to this Agreerrent.
24. Investment of Funds ReceivedBut Not Paid Out The Grantee may temporarily invest any or all grant fiffds received but not
expended,in an interest bearing account pursuant to Section 216.181(16)(b),Florida Statutes. interest earned on such investmants
should be returned to the Division quarterly,except that interest accrued Less than S 100 within any quarter may be held until the next quarter
,tvinen the accrued i t totals re than S 100. All interest accrued and not paid to the Division,rc s ofamourC must be submitted
v ` 's final Progress Report at die end of the Grant Period.
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25. Noncompliance with Grant Requirernents. Any Grantee that has not subtritted required reports or satisfied other adninistrative
mquirerrents for this grant or other Division of Historical Resources grants or grants from any other Floridap of State S)
Division will be in nco a status subject to the DOS Grants Ca a Procedure.Grant compliance issues must be resolved
before a grant award a c nt may be executed,and before grant payments for arry DOS grant may be released.
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26. Accounting a uire rats. ee most nuintain an accounft system that provides a complete record of the use ofall grant firds —
as follows:
a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt,maintenance,and expenditure
ofstaw
b) Accountirg recordst adequately iden° the sources and application of kmds for all grant activities and must c ify and identify
grant funds by budget categories that were approved in the grant application.If ntee's accounting system
accumulates data in a tifferent formst than the one in the grant application,subsid° records t document and reconcile the
amounts shover in the Grardee's accourting records to those amounts reported to die Division. CL
c) An herest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses
described in the Scope of Work and detailed die Estimated Project Budget.
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d) The name ofthe account(s)must inchide the grant award nurrber,
e) The Grantee's accounting records t Ieve afkctiw control over and accountability for all fiznds,property,and other assets;and
0
f) Accounting records t be supported by source documntation and be in sufficient detail to allow for a proper pre-audit and post- o
audit(such as invoices,bilk,and canceled checks). o
27. Availability of Ruids. The State ofh=lo ' 's perfortrunce and ob° lion to pay under this Agreemc-Mcontingent upon an anrml
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appropriation by the FloridaLegislawre,or die United States Congress in the case of a federally fimided grant.In the event that state or
federal kinds upon which this A@=rnent is dependent are withdrawn, nt will be autormfiailly terminated and the Division shall
0
+m no firther Habk to the Grantee,beyond se anuunts already released prior to the tenrination date,Such to Lion will not affect
the responsibility of ft Grantee under this a nt as to those fitnds previously distrbuted. In the event ofa state revenue s
total grarit may be reduced accord°
28. lndepen&nt Contmdot-Status or Grantee. The Grantee,if not a state agency,agrees that its officers,agents and enployees,in
performiure ofthis Agreement,shall act in die capacity of independent contractors and not as officers,agents,or employees of do state.
The Grzintee is not entitled to accrue any benefits ofstate en-ployrnent,including retircmt benefits and any other riots or privileges
connected with criployment by the State ofFlo ° . 0
29. Grantee's Subcontmetors. The Grantee shall be responsible for all work perforrned and all expenses incurred in connection with this
0.
Agreemant.T1r Grantee may subcontract,as mcessary,to perlbrm the services and to provide commclitics.required by this Agreement. 0.
The Division shall not be liable to any s o ctor(s)for any expenses or liab''° s incurred et-the Grantee's s a t(s),and the `-'
Grantee shall be solely liable to its subcontractor(s)for all expenses b '' d urder its co ct(s).The Grardee must take
die necessary steps to ensure that each of its subcontractors be dee to be"independent contractors"contractors"and will not be considered or
permitted to be agents,servants,joint ventures,or partners of the Division
30. Hability. The Division will not ass liability for the acts,omissions to act,or ne ' nce o ee,its agents,servants,or
e b s;nor nmy the Grantee exclude Habk for its own acts,omissions to act,or negligence,to the Division.
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a) The Grantee shall be responsible for claim ofany nature,including but rot linited to isytny,death,and property damage arising out of
activities related to this nt by the Grantee,its age ,servants,enployees,and subcontractors. Mic Grantee,oder than a i
Grantee which is the State or de State's agencies or subdivisions,as defined in Section 768.28,Florida Statutes,skill inclenitiry and
hold die Division harmless from any and all clairns of any nature shall investigate all such claim at its own expense.If flic Grantee is
governed by Section 768.28,Florida Statutes,it shall only be obligated in accordance with that Section.
0
b) Neither the state nor arry agencyor subdivision oftle state waives defense ofsorcigu imrnunity,or increases of its
liability,by entering into a nt
i
c) The Divisions not be liable for attorney Res,interest,late cl or service ,or cost ofcollection related to nt.
) The Grantee shall be responsible for all work performed and all expenses incurred in conrection with the Project.Mic Grantee tray
subcontract as necessary to perform services set forth in this AgreenmM inckiding entering into subcontracts ` f vendors for
services and co d'' provided dot it is understood by the Granice dot the Division shall not be liable to the subcontractor
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for any experses or liabilities incurred under subcontract and that de Grantee shall be solely liable to die subcontractor for all
expenses b'`` tinder tle subcontract.
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31. Strict Compliance Wth Laiis.The Grantee shill performall acts required by this Agreervent in strict conformity with all applicable laws
and regulations of die local,state and federal law.
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32. No Discrimination. The Grantee may not discrirrimtea t any crrployec employed under this Agreerrient,or against any applicant for
e la became of race,color,religion,gcWcr,national o ' ' a ,pregnancy,hanclicap or rnatital status.Ibc Gnuice shall insert a
shilar provision in all ofits subcontracts for services under this Agreenrat.
0
33. Breach at AgmenienL The Division wig dernancl the return of already received,wM withhold subsequent pa or
wM teminate this agreenient if the Grantee irrproperly expends ,fails to prepare,preserve or surrer0er records
required by this AgrecrwM or otherwise violates this Agrucurm ca
34. TenrinationofAgreement 'a
a) Ternination by the Division.The Division will terminate or ad this Agreementifthe Grantee hails to fiM its obligations herein. In
such event,the Division will provide the GmrAce a notice of its violation by letter,and shad give the Ck-antee fifteen(15)calendar days
korn the date ofreccipt to cure its violation. Ifviolation is not cured within die stated period,the Division will terminate this
Agreen-ert. Tlc notice of ` lation letter shall be delivered to the Grantee's Contract Manager,personally,or mailed to Wier
specified address by a nlcftd that provides proof ofreccot. In the event that the Division terminates this AgrecrnzMee wM CD
C
be coupcnsated for arry work completed h accordance wkh this Agreement,prior to the nofification ofterryination,ifthc Division
deems this reasonable under the circumstances. Grant finds previously advanced and not expended on work co feted in
accordance with this Agreerrent shall be returned to the Division,with irtcrest, (30)days after to Lion of this 0
Agreement. ion does rot wain any of its rigkits to additional damages,if grant kinds are returned under this Section >
0
b) Termination for convenience. n or die Grantee may to to the grant in whole or in part when both parties agree that
die continuation of the Project would not produce beneficial results comirensurate with the further experditurc of kinds. The two
panics wM agree upon tc tenninatiDn conditions,including the efrective date, a ofpartial to bons,the portion to be
terminated.
c) Termination by Grantee. The Grantee may unilateraly cancel the grant at any time prior to the first payrrent on die grant although
_
Departmentdie t be notified in writing prior to cancellationAfter the initial payrnant,the Project rray be tenninated,modified,or
arrended by the Grantee only by nutial agreerrent of the Grantee and the Division. Request for termination prior to co lotion must
detail do reasons for d action and the proposed&pos`' n ofthe uncorrpleted work.
35. Preservationofilemedies. No delay or ornission to exercise power,or remedy accruing to eider party upon breach or i
violation by eider party under this Agreement,shall inpair any such riol,power or rerriedy of either party;nor shall such delay or ornission
be construed as a waiver ofany such breach or dcfauh,or any similar breach or deftuuh.
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36. Non-Assignment of Agreement Ilic Grantee rmy not assign,sublicense r otherwise transfer its rights,duties or obligations under this
Agreement without fir prior written consent ofthe Division,which consent shall not unreasonably be withheld. The agreement feree
mast derrionstrate conphance with the requirements of the Project. If die Division approves a transfer ofthe Grantee's obligations,tie
Grantee shall remain Gable for all work performed and all expenses incurred in connection with this Ageement. In the event die Legislature
transfers die rights,duties, obligations ofthe Division to another governiriental entity pursuant to Section 20.06,Florida Statutes,or
otherwise,the fights,dities,and obligations under this Agreement shall be furred to do successor govenummal agency as if it was the
o ` inal parry to this Agreement.
37. Required Procurement Procedures for Obtaining Goodsand Services. The Grantee slll provide rnaxirrurn open corrpefition when U)
procuring ode and services related to tgrant-assisted project in accordance with Section 287,057,Florida Statutes,and 2 CPR 2
as appropriate.
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38. Con iets or interest. TlicGraitcclwrebyccMmdiatiiscogib=ofthcprohbkbnofconffictsofigerestdescnbedinSecfions
112.311 dhr°ough 112.326,Florida Statutes,and affirms that it will not crier into or maintain a business or other relationship with any U
2
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employee of the Departnrnt of State that would violate those provisions,In addition,no Grantee official,enployee,or consultant who is
authorimcl in his or her official capacity to negotiate,rnake,accept,approve,or take part in decisions regarding a contract,subcontract,or
other agreement connection with a grant assisted project shall take part in any decision relating to such contract,subcontract or other
agreenierit in which he or she has any financial or other interest,or m which his or her spouse,child,parent,or partner,or any o 6ion 0
whichin he or she is serving as an officer,doctor,trustee,partner,or enplo3ce ofwhich he or she has or is negotiating any arrangement
concerning errployment has such interest.Grantees shall avoid circurnstances presenting the appearance of such conflict.Furthennorc,the W
spouse,chA parent,or partner ofan officer,director,trustee,partner,or crrployec of the grantee shall not receive gram firruls,unless
specifically aushorized in writing by the General Counsel for the Deparnmrit of5tate to avoid a potential violation of those statutes. y
39. Binding of Successors. I'lis Agreerrent shad bind the succemrs,assigns and legl representatives ofthe Cirantee and of any legal erlity
t succeeds to the obUgations of the Division of Historical Resources.
0
40. No Employrment of Unauthorized Aliens. The employincrit ofumuthorized alliens by the Grantee is considered a violation of Section
274A(a)of the Innigration and Nationality Act.Ifthe Grantee knowingly cuploys unatithoriod aliens,such violation shall be cause for 2
unilateral cancellation of this Agreermni.
41. Severabifity. Ifarrytermor provisiDnofthe Agreernent is found to be illoo and unenforceable,the rerra' er will rernain in full force and
e ct,and such term or provision shall be deenrd strickert.
2. ArnericansWthDisabifidesAcL Allprograrns and facilities related to this Agmernent mist rnect die standards ofSectiors 553.501-
553.513,Florida Statutes,and die Americansb '° Act of 1990 as arnended(42 U.S.C. 12 10 1,et seq.),which is
incorporated herein by reference.Add`' rally,the use of federal finds to' rove public buildings,to finance services or progymns �--
contaird in public buildings,or aher any b ` ' or facility financed in whole or in pan with Federal fimds(except privately owned
residentiM s ),requires cornpliance with the 1990 Americans with Disabilities Act( A),Section 504 ofthe Rehabilitation Act of
1973,and the Architectural Barriers Act(ABA).Work done to alter the property should be in conpliance with all applicable regulations
and pAance,
43. Governing U ,,v T'lis Agreement shall be construed,perfo d,and enfbrced in all respects in accordance with the laws and rules.of �
Florida.Venme or location for any legal action arising under this Agreement wig be in Leon County,Florida. E
0
44. Entire AgreernenL The entire Agreernent ofthe parties consists ofthe following doe nts:
m
a) This Agreement
) Estirmted Project Budget(Attacl nt A) i3
c) Single Audit Act rrcrrts and Exhibit 1(Attac nt 13)
d) Federal Special Conditions(Attac nt C)
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In acknoWedgment of this giant,provided from furids appropriated in the Florida FY 2019 2020 General Appropriation Act and
Federal Continuing Appropriations Act,2017,P.L 115-I23 and by an Ernergency Supplemental FTistoric Preservation Fund Grant
from the NPS,I hereby certify that I have rend this entire Agreement,and`till comply With all of its requirements.
0
0
Departrrent of State ee; w
Ch
By.
Dr.Tumtby A Parsons,Division Director Official for the Grantee
0
Date Typed
0
0
Date MONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
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l .. . ,,
SSISTANT COUNTY ATTORNEY
E
DATE —0 V
�3
i3
0
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i3
AA TA
0
Fstimned Project Budget
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Description Grant Funds Cash Match In Kind Match
Repair/Reconstruct Masonry Walls $331,869 $0 $0
Reconstruct Historic Arch $55,888 $0 $0
Contractor Fees $69,791 $0 $0
Architectural/Engineering Services $35,452 $0 $0
.m_
NRHP Listing Update $7,000 $0 $0
0
Totals $500,000 $0 $0 0.
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0
0.
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U
AA
0
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT
administrationThe of resources awarded by the Depancrent of State to the Grantee may be subject to audits or monitoring by die 0
Department of State as described in thisde to the Grant Award Agreement.
MONUMRING
In addition to reviews of audits conducted in accordance with 2 CFR 200,Subpart F-Audi Requirements, section 215.97,Florida Statutes
(F.S.),as revised(see AUDITS below),monitoring procedures y include,but not be knited to,on-site visits by Department ofState staff;
limited scope audits as defircd by 2 CFR§2 . 25,or od r procedures. entering into agreement, recipient a to comply and -ru
cooperate with any monitoringprocedures or processes deerned appropriate by the Depam=t of State.In the event die Departirent of State
0.
deternines that a krited scope audit of die recent is appropriate,the recipient agrees to comply with wW additional instructions provided by
Deparurent of State staff to the recipient regarding such audi.The recipient furdier agrees to comply and cooperate with any inspections,reviews, W
or audits deemed c by the Chief f Fhancial Officer(CFO)or Auditor General.
AIMM
tt I:Federally Funded
This part is applicable ifflic recants a state or local govemment or a nonprofit organization as defined in 2 CFR§2 .90,§200.64,and E
§200.70.
I° A recipient that expends S750,000 or more in federal awards in its fiscal year must have a single or pro cifie audit conducted in
accordance with i die provisions of 2 CFR 200,Subpart F-Audit Requirernents.EXHIBIT 1 to this agreerrent lists die federal resources _
awarded througi the Departurent of State by this agreernent.In detc federal awards expended in its fiscal year,the recipient shall
consider all sources of federal airards,including federal resources received from die Drparfirent of State,The determination of 0 of 2
federal awards expended should in accordance with Me guidelinesestablished in 2 CFR§§2 .502-503.An audit of the recipient
t
conducted by die Auditor General in accordance widi the provisions of2 CFR§200.514 will mect the requirements ofthis Pam
2. For the audit requirerrents addrmsed in Part 1,paragraph 1,d recipient shall fulfill the requirements relafive to auditee responsibilities as
provided in 2 CFR§§2 .508-512.
3. A recipient that expends less than S750,000 in federal awards in its fiscal years not required to have an audit conducted its accordance
with provisions of 2 CFR 200,Subpart F-Audi lk-cluirements,If tic recent expends Less than S750,000 in federal awards in its
fiscal year and elects to have an audit conducted in accordance with die provisions of 2 CFR 200,Subpart F-Audi Requirenrents,die CL
cost of audit must be paid from non-kderal resources(i.e.,die cost ofsuch an audit must be paid recipient resources obtained
from odor than federal ).
The Internet web addresses listed below will assist recipients in locating,docurnents rckrenced in die text ofdts agreement and the interpretation
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ofco a issues.
U.S.Goveninnont Printing Office ivrv►v.ecfr.gov.
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Part :State Funded
pan is applicable iftho recipient is a nonstate entity as defined by section 215.97(2),F.S.
I. In the event dhrt the recipient expends a total annount of state financial assistance equal to or in excess of S750,000 in any fiscal year of such y
recipient(for fiscal years ending June 30,2017,and thereafter),die recoiant must haw a state single or project-specific audit for such fiscal W
year in accordance with section 215.97,F.S.,Rule Chapter 691-5,F.A.C.,State Financial Assistance,and Chapters 10.550(local
entities) 10.650(nonprofit for-profit organizations),Rules of Auditor General.EXHD31T I to the agreement lists
die state financial assistance awarded through the Department of State by this a nt.In determining state financial assistance
experded in its fiscal year,the rccipientshall consider al sources ofstate finaricial assistance,including state finamial assistance received
from the Departrinent ofState,other state agencies, other nonstate entities. State financiallassistance does notinclude federal ° ct or
pass-throuSb awards and resources received by a nonstate entity for federal program matchingrequirements.
2. For the audit requirements addressed in Part II,paragraph 1,the recipient shall ensure that the audit co requirements of
section 215.97(8),F.S.This incWLs submission ofa financial reporting packaEp as deftied by section 215.97(2),F.S.,and Chapters
10.550(local gpvermicnMI )and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. Ifthe recent expends S750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30,2017,ard W
thereafter),an audit conducted in accordance%vith die provisions ofsection 215.97,F.S.,is not required.If the recipianit expends less d
S750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions ofsection
215.97,F.S.,die cost of the audit must be paid from the nonstate entity's resources(Lc.,the cost ofsr h an audit nist be paid fixim the
recipient's resources obtained from other than state entities).
Mr Internet web addresses listed below will assist recipients in locatirig documents referenced in die text of this a e rn and the interpretation
ofco liarce issues.
0
State ofFlorida Npartment ofFinancial Services(ChiefFinancial Officer)
}>rtr7J,'�+�v�v.r °icfo.cornf �
State of Florida Legislature(Statues,Lc ` lation relating to the Florida Single Audit Act)
htlpllw w�.lcstatc.(L1
Part III: Report Submission
1. Copies of mporfingpackaWs for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements,and required by Part
I ofthis a e nt shall be submitted,when required by 2 CFR§200,512,by or on behalfoftl recipient directly to each ofthe followirg
A. The Department of State at each ofthe followirg addresses:
Office ofinspector General
Florida DepartmontofState CL
R.A y Building
500 South Bronough St.
Tallatiassee,FL 32399-0250
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B. The Federal Audit Clearinghouse AC)as provided in 2 C §200.36 and§200.512
Mie FAC's website provides a data entry system and required fonTE for submitting die single audit reporting package.Updates to the
location of dw FAC and datae to y be 1bund at the OMB websitc. 0
. Copies of financial reporting packages required by Part II ofthis agreerrient shall be submitted by or on beMf of the recipient Akc&to
each of the fo
A. 11ne Departmni of State at each ofthe following addresses:
Office of Inspector General
Florida nt of State
A Gray Building
500 South St
Tallahassee, 323 -0250
B. 11w AuditorGeneral's Office at the following address:
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Auditor General
Local Govemirient A itsf342
Claude Pepper Building Room40l
111 West Madison Sweet
Tallahassee,Florida 3239 -1450
The AuditorGeneral's website(lulpsl/Uditor gQ provides instructions for filitigan electronic copy of a financial reporting
package.
3° Any reports,management letters,or other inibrination required to be subrritted to the Deparu-nent of State pursuant to this a e nt shag
be submitted timely in accordance wiffi 2 CFR§200.512,section 215.97,F.S.,and Chapters 10.550(local l entities)
10.650(nonprofit and for-profit organizations),Rules ofthc Auditor General,as applicable.
4. Recipierts,when submink,financial reporting packag:!sto the Department of State for audits done in accordance with 2 CFR 200, m
Subpart F-Audit Requirvtnents,or Chapters 10.550(local goverritnerdal entities) 10.650(nonprofit and for-profit o ns),
Rules ofthe Auditor General,should indicate the date that the reporting package was delivered torecipient in correspondence
accoryparying the rvponing packs
Part M Record Retention
recent shall retain suflicient records derronstrating its con7phance with the temis ofthe award(s)and this agriceirent fora period of fivei
years from die date die audit report is issued, shall allow the Department of State,or its designee,the CFO,or Auditor General access to
such records upon request The recent shall enstrc that audit working papers are tmde available to the Departmcnt of State,or its designee,
CFO,or Auditor General upon request fora period ofat least dime ye the date the audit report is issued,unless extended in writing by
the Department ofState.
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EXHIBIT 1
0
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RESOURCESFEDERAL AWARDED TO THE RECIPIENTPURSUANT TO IMS AGREEMENT CONSIST OF TffE 0
FOLLOWING:
Departryunt ofthe Interior,National Park Service,l=ntrgency Supplcnrntal Historic Preservation Fund,Hunicarms Harvey,Tmu,and Mara
Recovery,CFDA 15-957.$500,000
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COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO TMS
AGREEMENT ARE AS FOLLOWS:
As contained in 2 CFR Part 200 Urufonn Ad ° ' trativc Require ,Cost Principles,and Audit Requdcmcrns for Federal Awards and the
T fstorc Preservation Fund Gmnts Manual.
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STATE RESOIJRCES AWARDED TO TIK RECIPIENT PLJRSUANTTUIMS AGREEMENT CONSTST FTHE
FOL G:
x
MAT G RF.SMaSEQR FE DERAL ER
QGRAM&-
Not applicable. —
SUBJECT TO SE ON 215.97. RIDA STA
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Not applicable.
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COMPLIANCE REQUIREMENTS APPUCABLE TO STATE RESOURCES AWARDEDP U TO UHS AGREEMENT O
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E AS FOLLOWS:
Not applicable.
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ATTACIRMENT
FEDERAL i3
SPECIAL CONDITIONS
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EMERGENCYFOR 1--
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HISTORIC PRESERVATION
In addition to the terms and conditions contained in dis AgrecnrM the following federal special conditions apply to Grantee,as a Subrecipient of
Emergency Supplemental ` to ° Preservation Fund,Hurricanes Harvey,I Maria Recovery Cwant Euds finm the National Park Service
(NPS): ar
1. Insurance and Liability.
a) Insurance.The Subrecoient shall be required to(1)obtain liability insurance or(2)demonstrate present l resources inan
determined sufficient byGovernment to cover claim brought by parties for death,bodily injury,property damage,or
other loss resulting one or more identified activities carried out in connection with this financial assistance agreemem
0
) Insured. federal goveffirrent shallbe named as an additiorial insured under die Subrecipieres insurance policy.
2
c) Indemnification.Tlie Subrecipient hereby agrees to' e fy die federal gownuncrit or NPS from any actor ornission ofthe
Subrecoient,its officers,a byees,or(mernbers,participants,agents,representatives,agents as appropriate),(1)against third party W
claim for one or more identified activities carried out in corinection with this financial assistance agreement
(2)for damage or loss to government property resulting from such an activity This obligation s survive dic termination of this
Agreerricrit. '
The Subrecoent hereby agrees:
To purchase public aid enployee habilityhnirance at its own expense from a responsible coupany or co %vih a minimum
linriLation ofr ne_rnifllnndollctl r person for any one claim and an aggregate knitation ofthree nrrf an dollars
0,00a000)for any nuirber ofelaims arising Earn any one incideriL The policies shall narric the United States as an additional
shall specify that the insured shall have m rightofsubrogation against die United States for payffents of any prerniums or
m
deductibles due thereunder,and shall specify ftt the insurance shall be assurred by,be for die account of,and be at the ins d's sole
risk.Prior to begirming die work authorized harem dr Subrecipient shall provide do NPS with co tan of such insurance
coverage.
To pay the United States die full value for all darnaW to or other property of die United States caused by the Subrcci ieM its
officers,employees,or representatives.
To provide workers!cowpensation protection to the Subrecipient officers,errployucs,and representatives.
To cooperate wkh NPS in do investigation and delixise ofarry clafins that may be filed with NPS arising out of die activities of die
SubrecipicM its agents,and cryplDyees.
In d event efdarrage to or destruction of die buildings and facilities assigned for die use ofthe Subrecipient in whole or in part by any CL
cause Mmisoever,nothing herein contained s l!be deerried to require S to replace or repay buildings or facilities.I fNPS
deternines in writing after consultation wih the Subrecoient that damage to the buildings or portions thereofrerders such buildirigs
unsuitable for continued use by the Subrecipicit,NPS shall assume sole control over such buildings or portions thercoE Ifthe b
or facilities rendered unsuitable for use are essential for conducting operations authorized to-der this Agreement,lien fa to
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substitute assign other facilities acceptable to Subrecipient will constaute terniination ofdis Agreementby NPS.
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Flow dowi.For the purposes of this clause,Subrecipient`includes such contractors,or subcontmdors as,in judg=rt of the
Subrecipient and subject to the Govenmrif s detemination of sufficiency,have sufficient resources or rraintain adequate and �o
appropriate insurance to achieve ptirposes of this clause, o
2. The Secretary ofthe Irate ' r andthe Corrptroller General of the United States,or their duly atifliorized representatives,will haw access,
for the purpose of firmicial or prograrnrnatic review and examiriatmin,to any books,doe ,papers,ard records t are pertinent to
the rat at all reasonable tirres during the periodof retention in accordance with 2 CFR 200.333.
3. Property Utilization.All took, fackties firriiished byNPS willbe on a loan basis.Took,equipment and facilities be
returned in the same condition received except for normal wear and tear in project use.Property managment standards set forth 2 CFR
200.310 through 200,316 apply to this A rat.
4. OMB Circtilars and Other Regulations.71c killowing Federal regulations are incorporated by reference into this Agirement(full text CD
C
can be(bund at Zm w.ec `°).
a) Adninistrative a ts:
2 CFR Par?200—Unifomr Administrative Requirements, Cost Principles, and Audit Requirementsfor Federal Awards, in its
entirely,
b) Detemination of Allmiable Costs.
2 CFR, Part 200--Untform Admi►korative Requiremenis, Cost Principles,and Audit Requiremenisfor Federal Awards,
Subpart E;
c) Audit eqt nts:
2 CFR Part 2 -- Unifo►Trr Administrative Requirements, Cast Principles,and Audit Requirementsfor Federal Awards,
Subpart F.
E
d} Code of Federal Regulations/Regulatory Requirements. o
2 CFR Part 182&1401,' nt- ' e Requirements fora Dnj,-,Free Workplace"; i
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2 CFR Par? 180&1400,"Non-Procurerrent Debarment and Sisp d;previously located at 43 CFR Part 42,'9Government _
wide Debarrrent and Suspension o roc nt)";
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43 CFR 18,`New Restrictions on Lobb '
2 CFR Part 17S,'TraffickingVicfirrs Protection Act oft 0'
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FAR Clause 52.203-12,Paragraphs(a)and(b),Lirritation on Payrnents.to Influence Certain Federal T ctions;
2 CFR Part System for Award Managerrent( .S v)and Data Universal Nuirbering System S);and
2 CFR Part 170,' Subawards and ExecutiveCo tion".
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5. Non-Discrinination.Ali actiMfies pLrsuant to 6s Agrecrient shall be in corripliance with die requirerrents of'Executive Order 11246,as
arrunded;Title VI of die Civil Fjgts Act of 1964,as ,(78 Stat.252;42 U.S.C.§§2000d Title V,Section 504 of �
Rehabilitation Act of 1973,asan-ended,(87 Stat.394;29 U.S.C.§794);the A@a Discriatimfion Act of 1975(89 Star.728;42 U.S.C.
§§6101 gj .);and widli all oflicr federal laws and regilations prohibiting discrinnination on grounds of race,color,sexual orientation,
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national orig.origh disabilities,religion,age,or sex
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6. Lobbying Prohibition. 18 U.S.C.§1913,Lobbying ' 'Appropriated o ,no pan of the troncy appropriated by any enactn-L-ra of
Congress shall,in die absence ofexpress authorization by Congress,be used directly or indirectly to pay for any personal service, 0
advertisement,tole telephone,letter,printed or written tter,or other device,intended or desigred to iniluence in any rnanner a
Menber of Congress,ajurisdiction,or an official ofany gavernrneM to favor,adopt,or oppose,by to or otherwise,any le ° latioR law,
ratification,policy,or appropriation,whether before or after the introduction ofany bit measure,or resolution proposing such legislation,
law,ratification,policy,or appropriation;bug this shan not prevent officers or errployces ofthe United States or of its departnunts or
agencies fiom communicating to any such Mernbers or official,at his request,or to Congress or such ollicial,through the proper official
channels,requests for legislation,law,ratification,policy,or appropriations h dry deem necessary for the efficient conduct oftle
public business,or fiom malcing any connuication whose prohibition by this section rniA in the opinion ofGeneral,violate
the Constitution or interfere with the conduct of foreign policy,counter-intelligence,intelligence,or national security activities.Violations of
this section shall constitute lations ofsec° n 1352(a)oft tle 31.In addition to the above,the related restrictions on the use of
appropriated firids found in Div.F,§402 ofthe Ornrubus Appropriations Act oft 8(P.L 110-161)also apply.
7. Anti-Deficiency Act.Pmuant to 31 U.S.C.§1341 nothing contained in this Agreement shall be construed as binding the NPS to expend
in any one fiscal year any sum in excess ofappro rations made by Congress,for the pirposes of this Agreerrent for that fiscal year,or
other obligation for the kirther expenditure of in excess ofsrxh appropriations.
S. Minority Business Enterprise evelo t.Pursuant to Exectlive Order 12432 its mtional policy to award a fair sh=ofcontracts
to small and minority firrns.NPS is strongly committed to the obj ectives ofthis policy and encourages all recipients of its Grant Agreements
to take affirrnativv steps to ensure such fa` by ensuring procurement procedures are carried out in accordance vvith the Executive `-'
Order.
9. Mernber of Congress.Pursuant to 41 U.S.C.§22,no Men-ber ofCongress shall be admitted to any share or part ofany contract or
agree e,entered ,or adopted by or on behalf ofthe United States,or to any ben fit to arise thereupon.
10. Agency.The Subrcci ierg is not an agent or representative of the United States,the Departmant ofthe Interior,NPS,or the Park,nor will
the Subrecipient represent itselfas such to third parties.NPS caplDyces arc not agents of die S ec*nt and will not act on be fof
Subrecoiant,
11. Non-E xclusive Agreement.This Agreement in no way restricts the Subrecoient or NPS from entering into sirnilar agreements,or
parficoating in sirrilar activities or arrangements,with other public or private agencies,organizations,or individuals.
12. Survival.Any and all provisions wlr h,by themselves or their nature,are reasonably expected to be perfo d after the expiration or
tennnination of this Agreenrnt shall survive and be enforreable after die expiation or tenniration of this Agreement.Any and all liabilities,
actual or contingurt,which have arisend term ofand in correction with this Agreemcni shall survive expiration or terrninatiDn of
this nt.
13. No Ernployment Relationship.This Agrecurent is not intended to and shall not be construed to create an a to n t relationship
between NPS and Subrecoient or its representatives.No representative ofSubrecipnt shall perform any Kinction or nuke any decision
properly reserved by law or policy to the Federal govemcnent.
14. Foreign Travel.The Subrecoicra shall cotinply with the provisions of the Fly America Act(49 U.S.C.40118).The irrplerrenting
regulations ofthe Fly America Act are found at 41 CFR 301-10.131 through 301 W-10.143.
15. Publications of Results of Studies.No party will unilate publish a joint publication uri consulting the o r party.This restriction
does not apply to popular publications of previously p lie technical matter.Publications pursuam to this Agreenrnt maybe produced
mWindcpendea or in collaboration with others however,in all cases proper credit will be n to the efforts of those p contribution to
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the publication.In the event no agreement is reached e r ofpublication or interpretation of results,either party rnay
publish data after due notice and submission ofthe proposed is to the other-In such instances,the party publishing ddata will
give due credit to the cooperation but assume full responsibilityfor any statements on which there is a difference ofo ° ° n.
0
16. Rights in Data.The Subrecipient must gmm the United States of America anon-exclusive irrevocable kense to publisk
reproduce and use,and dispose of in any mariver and for arry purpose without limitatimi,and to authorize or ratify publication,reproduction
or use by others,ofall cop ble rinaterial first produced or counder this Agreement:by die S&riccipicint,its enipbyucs or any M
hdWml or concern specifically enployed or assigned tooriginate such rinnterial.
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17. Retention and Access Requirements for Records.All Subrecipcird financiai and pro tic records, doe ,
statistical records, o related records shall be maintained and available for access in accordance with 2 CFR Part 200.333-
200,337 and the HPF Grants Manual.
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IS. Audit Requirements
a) Non-Federal entities that expend S750,000 or more dufing a year in Federal awards shall have a s` or program-specific program-specific audit
conducted for that year in accordance with the Single Audit Act Amendmants of 1996(31 U.S.C. §7501 °7507)and 2 CFR Part
200,Subpart F,which is available at p1f� ,ccfr.s ` text 2
SI d6463a-Mccca3iir13c665c52505114 p2-.1.2 . ,, nfi
0
b) Non-Federal entities that expend less than S750,000 fora fiscal year in Federal awards are excript from Federal audit
for that yeai,but records nriust be available for review or audit by appropriate o is of the Federal agency,pass--through pass--through entity,
General Accounting e(GAO).
c) Audits shall be made by an independent auditor in accordance with generally accepted govemmont auditing sLindards co%uring
financial audits,Additional audit req applicable to this ageenuril are found at 2 CFR Part 20 ,Subpart F,as applicable.
Additional inforrination on single audits is available from d Federal Audit Clearitighouse at
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19. Procurement Procedums.It is a national policy to place a fair share of purchases rity busiress firms.The Department of die
Interior is strongly conirnifted to the objectives of dis policy and encourages of its grants and cooperative agreements to take
affirniative steps to ensure such fairness.Positive efforts shall be trade by recipients to utilize s ll businesses, i
wortierfs business enterprises,whenever possible.Submcoicnts ofFederal awards shall take all of the following steps to fixther this goal:
a) Ensure that Il brs' es,mirority-owned firms,and wonuds business enterprises are used to the fullast extent practicable.
0
Make information on forthcorning opportunities available and artungc tirm fiumes for purchases and conitnicts to encourage and
facilitate participation by smill busiriesses,minority-owned n's business ente rses.
c) Consider in the contract process whether firmi conpeting for largercontracis intend to subcontract withstriall businesses,minority-
owned womods busiess ente s.
Encouragecontracting with consortiurns of sniall businesses,minorit)-owned firnis and worneds business enterprises When a contract
is too large for one ofthesc firms to handle°
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e) Use die services and assistance,as appropriate,of such organizations as the Strull Business velop nt AWncy in the solicitation
utilizationand of strall business,minority-owned firms and wo ds business enterprises.
20. Prohibition on Text Messaging and Using ec nic Eqtdpnwnt Supplied by the Govenurient r® 'le Driving.Executive Order
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13513,Federal Leadership On Reducing Text Messaging While Dfivh&was signed by President Barackb on October 1,2009.
This Executive Order introduces a Federal ve nt- ` e prohibition on the use of text rnessaging while driving an officiid business or
usingwhile nt-supplied equorrmt.Please adopt and enforce policies that hnmdiately ban text nrssaging while driving
co d or rented vehicles, nt-o d or leased vehicles,or while driving privatelyowned vehicles n on official
goverment busicss or when perforaing any work for or on be of o
21. Seat Belt Provisiom The Subrecipient 6 emouragedto adopt and enibrce on- job seat belt use policiesprograrns for their
c s when operating ca d,rented,or personally owned vehicles. e,but are not linied to,
conducting education,awareness,and other appropriate prograrns for theire to about die irrportance ofwearing seat belts and dr
consequemes of not wearing them
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22. TmMeking in Persons.This term ofaward is pursuant to paragraph(g)of Section 106 ofthe Trafficking Victirns Protections Act of
2000,as arrended(2 CFR 175.15).
a) Provisions applicable to a rec0imt that is a private entity.
1. 11m Recipient,its employees,Subrecipients under this award,and S . 'e la s nmy t-
0
L Engage in severe fa of trafficking in persons d °period d of t the award is in effect; >
0
. Procure a conmrrcial sex act during the period oft'oftirm that the award is in effect;or
iri. Use forced labor in the perfunnime ofthc award or subawards.under the award.
2. The Federal awarding agency rnay milaterally to to this award,without penalty,if Recipiml or a Subrecipient that is a private
en` -
i. Is deterrnined to have violated a prohibition in paragraph a.I of this award term or
E
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I Has an ernployce who is deterniined by fix agcncyofficialauftrimd to to to gic award to have violated a prolubition in
paragraph a.1 of this award term through conduct that is e` r.
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a. Associated with perronnance under this award:or
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. Inputed to Recipient or the Subrecipient using standards and doe process far 4WT die conduct of an individual to an
or6nnization that are provided in 2 CFR.part 180,"OMB Guidelines to Agencies on Government wide b nt and
Suspension(Non-Procurement),"as inplemented by our agency at 2 CFR part 1400.
i
b) Provision applicable to a Recipient otter than a private e Federal awarding agency y unilaterally to to this award,
wfthoLd penalty;ifa Subrecipient that is not a private entity-
1. 1s detenrimd to have violated an applicable prohibition in paragraph a.l of this award term or
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2. Has an enployee who is deterryined by die a official authorized to terafmte die award to have violated an applicable
prohibition in paragraph a.I of this award term conduct that is either
i, Associated with perfourance under this award;or
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ii. Inputed.to the Subrecoicnt using the standards and due process for irnputing the conduct ofan individual to an organization
that are provided in 2 CFR part 180,'UMB CAWelines.to Agencies on Goverrinient wide Debarment and Suspension
o roc nt),"as irnplurnonted by our agency at 2 CFR part 1400.
c) Provisions applicable to any recipiett
1. You must' tety ofary information you receive from any source alleging a violation ofa prohibition b paragnaph
a.I ofthis award to
2. The Federal awarding agency riot to to to imilaterally that is described in paragraph a.2 or b of Us section:
i. [ le section 10 ofthe Trafficking.Victims Protection Act oft A),as a (22 USC§71 ( ),and
. Is in addition to all other renedies for noncornpliance that are available under this award.
3. Recipient must include the requirements of paragraph a.I of this award term in any subaward nude to a private entity.
0
rs.For purposes of this award term
1. byre"trearis r" r.
i. An indWuaI enpiciyed by Recipient or a Subrecipient who is engaged in the performance of the projector program under this
awards,or another person enggged in the performance of die project or program under this award and not con-pensated by W
Reckiient or Subrecipient including but not limited to,a volunteer or individual whose services am contrbuted by a d-&d party
as an in coritnbution toward cost sharing or matching requirements.
2. "Forced laboe'nicans labor obtained by any ofthe following.methods: The rucniiurnerit,harboring; n,provision,or
obtairing ofa person for labor or scrAces,through the use of force,fraud,or coercion for the purpose ofsubjection to involimlaryser"e,peonagc,debt bondage,or slavery.
E
3. 'Private e . ' .
r. Any entity other than a State,local governiveM Indian tribe,or foreign public c ,as those tcnrs are defined in 2 CFR
175.25;and includes:
a. A nonproft organization,iricluding any nonprofiltit ` n offtighercclucation,hospital,or al organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
. A for-profit organization.
4. `Severe forms oftraffickirg in persons,""co rcni sex act,"and"coerciord'have Or n at section 103 ofd
TVPA,asan-ended(22 USC§7102),
23. Recipient Employee tleblo`ver Rights and Reqtdrement to Info Inronn Employees of Whistlebimier Rights.
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a) This award and cruployees.woricingonthis&=ialassistance ageernentwillbesubject to thewhis-dablowerrights and rerredies in
the pilot program on Award Recoientemployee tleblower protections tablish d at 41 U.S.C.§4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013(Pub.L 112 239)°
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b) The Award Recolent shall inZan its enployces in wTft in the predorninantofworkforce,ofernployee whisdeblower
rigitts and protections under41 U.S.C. §4712.
c) 'Me Award Recipient shall a the substance ofdts clause,including this paragraph(c),in all subawards or subcontracts over the 0
skuplified acquisition threshold,42 CFR§52.203-17(as referenced in 42 CFR§3.90 ).
24. Conflict of'Interest
a) Applicability.
i. This section intends to ensure thatnon-Federal entities and theit a byes take appropriate steps to avoid conflicts of interest in
their responsibilities under or with respect to Federal financial assistance agreements.
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ii. In the procurermnt ofstipplim,equipment,construction,and services by recipients and bysubrecipients,the conflict of interest
provisions in 2 CFR 200.318 apply, CD
b) Requirenrnts
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i. Non-Federal entities must avoid prohibited conflicts of interest,including any significant financial interests t could cause a
reasonable person to question d recipient's ability to provide irnpartial,technically sound,and objective perfbmume under or
with respect to a Federal al assistance agreement
ri. In addition to any other prohibitions that y apply with respect to conflicts of interest,no key official of an actual or proposed
recipient or subrecoiunt,who is substantially involved in dw proposal or project,may have been a fonTer Federal crrployee who,
within tin last o (1) ted personally and substantially in the evaluation,award,or administration ofan award
pect to that recipient or subrecipient or in developrfent of tic requirement leading to tic findinga nt.
iii. No actual or prospective recipient or subrec&nt may solicit„obtain,or use non-public infornxitian regarding the evaluation,
award,or administration ofan award to that recipient or subrecipient or the development ofa Federal financial assistance
opportunity d t may be ofcorrpetitive interest to that recipient or subrecoient. <
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c) Notification
i. Non-Federalentitics,` applicants includingapplicants for fi=ial assistance awards, t disclose in writirgany conflict of interest to die DOI
awarding agency or pass-thropoi entity in accordance with 2 CFR 200.112,Conflicts of Interest
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ii. Recipients must establish internal controls ti t include,at a minimirn,procedures to identify,disclose,and mitigate or ekninate
identified conflicts ofinterest The recipient is responsible for notilying die Financial Assistance Officer in wrking of any conflicts of
interest that may arise during ofthe award,i those that have been reported by s recipients.
Res trictions on Lobbying. Non—Federal entities are s ° dy prohibited s° er this grant or cooperative agreement for
lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 US.0 1352.
e) Review Procedures.Me Financial Assistance Offirerwill exarnine each conflict of interest disclosure on the bass of its particular
facts and the nature of the proposed grant or cooperative a e nt,and will determine whedier a significant potential conflict exists
if it does,develop an appropriate nmns for resolving it.
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Enforce rnenL Failure to resolve conflicts of interest in a tranner that satin rut rmy because for terntination ofthe
award.Failure to nuke required b y result in any ofthe rernedies described it 2 CFR 200.338,Remedies for
Noncompliance,bcludbg suspension or deb nt(see also 2 CFK Pail 10).
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25. Mininium Wages Under Exectifive Order 135 (January 1 )
a) Definitions.As used in this clause`—
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"U ° d States"rncans the 50 states and the District of Co ia.
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'Worker''--g
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1. Means any person engaged in perfortring work on,or in connection with,an agfeement covered by Executive Order 13658,and
i. Whose wages under such agreermnis are governed by the Fair Labor r Standards Act(29 U.S.C.chapter 8),the Service
Contract Labor Standards statute(41 U.S.C.chapter 67),or the WagRate Requiretrents(Cori n)sta e( 0 U.S.C.
chapter 31,subchapter
ii. Odier than individuals ernployed in a bona fide execu6m,adrninistrative,or professional capacity,as those temis are defined in
29 C.F. §541,
iii. Regardless oft he cortanctmi relationship alleged toexist en the individual and the ernployer.
2. Includes workers perforrTling on,or in corinection with e nt wlesc wages are calculated to special ce ates a
sued under 29 U.S.C.§21 (c).
3. Also icludes arry person woricing on,or in connection` ` agmermat and individually
registered in a bona fide appreriticesIt o
or tubing prograrn registered with to Depantrent of is Fzploynrm and Training n,Office ol'Apprenticeship,
or with a State Apprenticeship Agency o d by die Office ofApp esl° .
) ETeculive Order Minimum llrage rate.
1. The Recipient shall pay to workers,while perforn-ing in to United States,and perffinTringon,or in co n this agreement,
0
a rnininum hourly wage rate ofS 10.10 per hour be6iming January 1,2015,
2. The Recipient shall adjust the rnbinm wagepaid,if necessary beginnirg January 1,2016,and annually thereafter,to met to
Secretary of Laboesamual EO.triniam wag2,The Adninistrator ofthe Departrwrit of bor's Wage Hots Division(tc i
A tor)will publish l deteminations in the Federal Register no later than 90 days before the eflectiw date of die new
EO. rate. trator will also publish the applicable E . on wnvw. oL v(or any
successor Web site)and on allwaga deleminations issued under Service Contract Labor Standards statute or the Wageto
Requirernents(Construction)statute.The applicable published E.O.tribirlm wage is incorporated by reference ho this
agreernent.
i. Recipient mayrequLst a price adjushmrd only after the effictive date ofthe nrwannual EO.ri*irlarrlwage detemination.
Prices be adjusted only if Libor costs increase as a result of EO.rninirnim vmgc,and for m
associated labor costs arid relevant stbaward costs.Associated labor costs shall include inenmes or decreases that result rn
changes in social security anti b nt taxes workers'co °tion insurance,but rant otherwise e any
... t ...:. w . _..v... .. .... ,._ ...ww. _._.. .
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amount for general and adrninisamfivu costs,overhead,or profit.
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1i. SubrecipieriLs maybe entitled to adjustmonts due to the new minirrurnwagu,pursuant top A).Recipients shall
consider any Subrecipient requests for such p ° e adjushrent
R IIE Awarding Officer will not adjust1he agreement price er ft clause for any costs other than se identified in paragraph
(b Xl)of this clause,and will not provide duplicateprice adjustrnerfis with any price adjustment under clauses irrplementing
the Service Contract Labor Standards statute or the Wage to Requirernents.(Construction)statute. y
iv, The Recipient that die pri=in thisnt do not include aibwance for any conti@=y to cover increased costs
for which adjustment is provided under this clause.
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V. Reserved
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Vi. Reserved
vii. The Recipient shall pay,unconditionally to each worker,all wages due free and clear without subsequent rebate or kickback.
The Recipient may make deductions that reduce a workeeswagas below the EO.nitirrum wage rate only if done in
accordance with 29 C.F.I.§ 10.23,Deductions.
2
viii. Ilic Recipient shall not discharge any part®fits minirrurnwage obligationunder this clause by Iiinishing flinge benefits or,with W
respect to workers whose wages are governed by the Service Contract Labor S statute,the cash equivalent thereof
. Nothing in this clause shall excuse Recipient from compliance with any applicable Federal or State prevailing VMW law or
any applicable law or nimicipal ordiname establishing a niiiiirrum`v'ape higher thari the EO.minirrurn wage.However,wage
increases under such other laws or nunicipal ordinances am not subject to price adjusirnent under this subpart. —
x. The Recipient shall pay the E.O. m rate whenever his higher than any applicable collective bargaining
a t(s)wage rate.
xi. 71e Recipient shall follow the policiesprocedures in 29 C.F.R.§ 10.24(b)and 10.28 for treanwit of workers engaged in m
an occupation in which they custorrarfly and rcgalarly receive more than S30 a month in tifis.
c)
1. This clause applies to r ers as defined in pare a).As provided in that definition—
i. Workers are covered regardless ofthr contractmi relationship alleged to exist between the Recipient or Subrecipient and the 2
rker; i
4. Workers with disabilities whose wages calculated to special ceftificates issued under 29 U.S.C.§21 (c)are
covered;and
E Workers who are registered in a bona a apprenticeship pro or training program registered w' do Department of
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La is Errployrncnt and Training n,Office ofApprenticeship,or with a State Apprenticeship Agency recogruzed
by the Office ofApprenficeship,are covered.
2. Thus clause does not apph to---
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i. Fair Labor Standards Act(F A) corn pe in connection with contracts covered by the E .,ie.
those individuals who perform duties necessaryto d-c perforrnance ofthe ageemcni,but who are not direct1 engaged in
pespecific work called for by the a spend than 20 percent of their hours workeda
particular workweek perfonytirg in connectiDn wfth such a
ii. Individuals exempted ofthe FLSA under 29 U.S.C.§213(a)and 214(a) ),unless
otherwise covered by the Service Contract Labor Standards statute,or the WageRate Requirements(Construction)statute.
includeThese individuals but are not lirrited to—
a. Learners.,apprentices,or messengers whose wages are calculated pursuant to special certificates issiued under 29 U.S.C.
214(a).
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. Students se wagcs are calculated to special certificates issued under 29 U.S.C.§21 ).
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c. Thosee in a bona a executive,administrative,orprokssional capacity(29 U.S.C.§213(a)(1)and 29 C.F.R
part 541).
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) Notice.The Recipient shall mfify all vurkers perlbriTing work on,or in connection iv`ivkh,this aguement of the applicable E.O.
mirinum wage rate under this clause.With respect to workers covered by the Service Contract Labor Standards statute or the Wage
Rate Requirements(Construction)statute, Contractor may meet this requirtffent by posting in a prominent and accessible place at
die worksite,die applicable®wage determination under those statutes.With ct to workers whose wages + by do W
FLSA,the Recoient shall post notice,utilizirg dposter provided by the Administrator,which can be obtained at
www.doLgov/vAWgovcontracts,in a prorninent and accessible place at the worksitc.Recipients that cr to post notices to
workers electronically may post the notice electronically provided electronic posting ispla prominendy on any Web site that
is rnaintained by die Recipient,whether 1 or internal,and customarEy used for notices to workers abort terms co °° ns of
crnploymcnt —
e) Payroll o'ds.
1. The Recoient shall nuke and maintain records,for three years after completion ofthe wok containing the following tibn
for each worker. �
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i. Name,address,and social sec er;
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u. The worker's occupation(s)or c s` a' n(s);
The rate or rates ofwagcs paid;
iv. The muriber ofdai�y and kt hours worked by each worker,
v. Arry deductions e,and
vi. Total wages paid.
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2. The Rmipienl shall make records pursuant to paragraph(c)(1)of this clause available for inspection and transcrilgion by authorimd
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representatives of the Admiriistrator.The Recipient shall also nuke such records available upon request of the Contracting Officer.
3. TIC Recipient s1 A nmke a copy of die a&ycerrent available,as applicable,for inspection or transcription by auduriwd
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representatives of die Adninistrator.
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4. Failure to corrpbl with this paragraph(e)shall be a violation of29 CFR§ 10.26 and this agmenrnt.Upon direction oftIne
Acirrinistrator or upon the Awarding Officer's own action,payment shall be withImld until such thm as the noncon-pliance is
corrected.
5. Nothing in this clause kits or owl d coient's payroll and recordkeepingobligations,ifany,under the Service
Contract Labor Stamiards statute, a tc Requirenunts(Construction)statute,the Fair Labor Standards Act,or arry other y
applicable law.
f) Access.Tic Recipient s authorimd representatives ofthe Adininistratorto conduct investigations,including
workers at the worksite during I working
g) Mthholding. Awarding Officer,upon his or her own action or upon written request ofthe Adninistrator,will widftld funds or
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cause fitnds to be m dRecipient under this or any other Federal agreerrent with the sarrc RecoicM sufficient to pay
workers the fd arnount of wages required by this clause.
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) Disputes. Deparuyent of Labor has set forth in 29 CFR§ 10.51,Disputes concerning Recoirrit co e,the procedures for
resolvingdisputes concerning an Recipicrit's.conpliance with Departnunt of Labor regdations at 29 CFR§ 10.Such disputes shad be
resalwd in accordance wifli those.Ibis includes disputes between the Recoient(or any of its S rec` ' )and the contracting
agency, nt of Labor,or the workers or tl it rep W
i) Anti-retaliation.11m Recipient shall not dischargc or in any other nvimr discrininatea t any worker because such worker has x
d any complaint or instituted or caused to be instituted any proceeding er or related to conpliance with the EO.or this clause,
or has testified or is about t to testify in any such proceeding
j) Subcontractor compliance. Recipient is responsible for Subrecoient conpliance with the requirements of this clause y be
held liable for unpaid wagesdue Subrecipient workers.
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) Sttbawards.The Recipient shall include the substance ofthis clause,including this paragraph(k)in all subawards,regardless ofdollari
value, t are subject to die Service Contract Labor Standards statute or tl Wage Rate Requirements(Construction)statute,armi are
to be pe in whole or in part in the United States.
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26. Data Availability —
a) Applicability. nt ofthe Interior is conyrked to basing its decisions on the best available science and providing die
people with enough infonration to the substanfiwly evaluate die data,rmfl-odoloEy,and analysis used by the
Departrrent to infortnits decisions.
b) use of Data.11r regulations at 2 CFR 200.315 apply to data produced under a Federal award, provision dmt the
Federal Governrnent has d-e right to obtain,reproduce,publish or otherwise use die data produced under a Federal award as well as
authorim od rs to receive,reproduce,publish or otherwise use such data for Federal purposes.
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c) Availability of Data.The recipient shag nuke the data produced under this award and any s a (s)available to die Goverurrent
for public release,consistent with applicable law,to allow party evaluation and reproduction ofthe follow `
1. The scienfific data relied uporK
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2. s relied on;and
3. The rnethodology,including trodels,used to gather ta.
27, Patents and inventions.Recilnierits ofagreerrents which support experitnental,devep 1,or research work shall be subject to 1--
applicable regulations governing patents and inventions,' e regulations issued by the Departrrent ofCorntrerce
at 37 CFR 401,Rights to Inventions Made by Non-profit Organiimfions and Sirtill Busirrm F' Under Govenment Grants,Contracts
and Cooperanvc Agrverrunts. regulations do not apply to any agreement rnade p6mrily for educational purposes.
28. Notice of Financial Manage ment ReviemAs pan of federal e efforts to' rove coordination of financial trianagernent
increaseand iinzincial accountability y in the receipt and use of federal disaster fitnding the Subrecipicrit is hereby notified
that this a y be subject to h&r scrutiny. y include a requreffent to submit additional reporting docurnentation.
29. Unanticipated Discove tocols.S recipient must° dately stop construction in Or vicinity of the allected historic resource and 0
take reasonable measures to avoid and nnirEnize harm to the resource until the Division,Sub I Tribes,as ip' or coctar, �
appropriate,have detemined a suitable come ofaction within 15 calendar days.With the express penrission of the Divisior,
Subreci irnt or contractor may perfonn additional tricasures to secure the jobsite if the Subrecoient or contractor dete s d t
unfinishedwork in the vicinity oft he affiected historicproperty would came safety or security concerris.
0
30. Other Financial Assistance from the National Park Service.Work approved under this grant shall in no way inhibit or preclude others
fium appVM for federal assistance through oiler prograrris overseen or reviewed by NPS,such as the Federal Historic Preservation Tax
Incentiw for Ireone Producing Structures.It shall be understood that approvals funding am not transIbrable to other
5 or NPS sponsored prograrns.Subrecipients should urderstandt work perfornud under this grant program any` act other work
approvals.Grant fiinds cannot be clairrud as eligbic expenses potential tax credits.
31. Stre ngtheningBuy-American ferences for I sects pe r .113858.Per Executive Order 113858,entitled
Stet Preferences for I Projects the Subrccipicrl shall maxirrim,consistent with law,de use of iron and
steel goods,products,and rruteriA produced in the United States,for° projects as defiried by the Executive Order when the U)
staternent of work irickides ahcration,construction,conversion,dernalition,extension,4rovement,rnaintenance,reconstruction,
re b ' tionr or repair. E
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32. Raiding for Use of Unmanned AircraftSystc ),IfFederal funding is provided to a State,Tribal,local,or territorial i
government,or oiler non-profit organization,for dw use ofU (aka drones)as part of thcit scope of work,the recoicra must have in
place poles and procedures to safe ° ' uaW privacy,civil rights,and civil liberties prior to expending such kr4s.
14P
F funding for UAS usage is eligible only in de contracting ofan experienced,licensed contractor of UAS who posses de
appropriate license,certifications, tra ' to operate UAS.The contractor is required to provide proofofliab 'h insurance in die operation ofUAS for co real use.
33. StatementofNo Overlap ¢i
a) The Grantee certifies t there is no overlap in Federal Funding in terms.of activi:ties,costs,or time co m of key personnel,
including any application that was subrnitted for funding consideration to airy other potential funding source(Federal or non-Federal).
) If any overlap or duplication does exist,die Grantee will alert de Division irrinnediately and describe the overlap including when the
overlapping or duplicative proposaks)were subrinitted,to whom(entity and program),and when Rinding decisions are expected to be
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announced.
34. CAminal Penalties and Fraud,Waste,&Abuse
a) Criniral Penalties.W ioever kris r willfully °' pplics,steals,or obtains by fraud or endeavors toe e f ,assets,
�m. ... ... _ _. _. _.._ — _,. _............ __. ._. ... W. .._ �.._ _.................... . _, ._ ... ..:,.....
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or properties subject ofa subgurt,contract or other form ofassistance pursuant to this award,or whoever receives,
conceals or retains such ts,or property with intent to convert such firds,assets,or property to hMrr use or gain,
that such kmds,assets or property have been ernbenK misapplied,stolen,or obtained by fraud,shall be subject to
prosecution.
b) Fraud,Waste,and Abuse.The subgranice or contractor must report any credible evidence that a priticipal,c
contractor,subgrantee,or other person has submitted a false claim under the False CWars Act or has conTritted a crininid or civil �
violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or sirrffir misconduct involving Report potential
fmud,waste,abuse,or misconduct to: y
Office oflnspector General
U.S.Department ofthe Interior
A :Intake Management Unit
31 Elden Street,Suite 3000
He on,WA 20170
Telephone:(800)424-5081
F -(703)487- 02(A :HOTLINE O ON )
35. Reporting Subawards And Executive Compensation
2
a) Reporting offirst--tier subawards,
1. Applicability.Unless you are exeript as provided in a.pli D.ofthe Prim Award tear,you must report each action that
ob° tes S25,000 or more it Federal fimds that does not include Recovery Act finds(as defined in section 1512(ax2)ofthe
ArrrrEan Recovery and Reinvestrnent Act of2009,Pub.L 111•-°5)for a subaward to an entity(see definitions in paragraph E.of
die Prim Award term).
2. Where and when to report _
i. You must report each obligating action described in paragraph A 1.of the Prim Award term to hn sJivtiv%v.fsrs. ov/.
ii. For subaward information,report no later tln do end of do month following die month in which the obligation was madc.(For
exarnple,if the obligation was de on Novernber 7,2017,the obligation must be reported by no litter dun Decernber 31,
2017.)
3. What to report.You most report do inkirmation about each obligating action that the submission instructions posted at
m
11 s°J/wn v:fsrs. v/specify.
b) Reporting Total Coripensation of Recipient
1. Applicability and what to report.You must ruport total coripensation for each of your st highly compensated executives s for
the preceding co feted fiscal yew,if.-
i. 11r,total Federal kinding authorized to date under this award is$25,000 or re
H. Inthe preceding fiscal year,you received
a. 80 percent or more of your annual gross revenues from Federal procurernant contracts(and subcontracts)and Federal ¢i
financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and s a );and
b. S25,000,000 or mare in annual gross revenues fiom Federal procuremont contracts(aW subcontracts) Federal
financial assistanice subject to the Transparency Act,as defined at 2 CFR 170-320(and s a )
ui. The public does not have access to hbrrmfion about die conpensation of executives through period reports filed under
section 13(a)or 15(d)of the Secuwities Exchzinge Act of 1934(15 U.S.C.§78 a),78o( ))or section 61 ofthe Internal CL
Revenue Code of 1986. o determine ifthe public has access to the con-pensation infonration,see die U.S.Security and z
Exchange Connission total cornpensation filings at httpYlw%vw.sec.gov/answers/execonp.hnn)
2. Where and when to report.You must report executive total corupensation described in paragraph A.I.ofthe Prim Award tc
i. As part of Recipient registration profile at httpsJ/www.sam.gov.it By the end offlic manth followingin which this
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award is made, er.
c) Reporting ofTotal ConrpensafiDn ofSubtecipient
1. Applicability and what to report,Unless you are excrupt.as provided in paragraph D.of the Prime Award to for each t- ' r
subrecipient under this award,you shall report die names and total conpensadon ofeach ofthe subrecipient's five most highly
cornpensated executives for die s ipient's preceding completed fiscal year,..
i. In the subrecipient's preceding al year,the subreciIiiant received—
a. 80 percent or mare of its ss revenues from Federal procurement contracts(and subcontracts) Federal
finaricial assismme subject to the Transparency Act,as defined at 2 CFR 170.320( );and
. 525,000, 0 or re in annual gross revenues kom Federal procuremerl contracts(and subcontracts), Federal
financial assistance subject to die TransparencyAct(and s a );and
u. i1 The public dog not haw access to inibmiation about the conpensation of the executivesperiodic ounder
section 13(a)or 15( )offir Securities Exchange Act of 193 (15 U.S.C.§78 a)),7 of ))or section 6104 of the Inlerrial
Revenue Code of 1986.(To determine ifthe public has access to the cornpensation' n,sec the U.S. Security
ExchangeCommission total compensation filirigs at h !/rn%vw.sec. v,°' rs/execo )
CD
2. Where and when to reporL You must report subrecipiant executive total conpensationdescnbed in paragraph c.l.ofthe Prime
Award to
i. To the rccil:iienL
ii. By the end of the month b1lowing die month during which you nuke the subaward.For example,if a subaward is obligated on
any to during the mordi of October of given yew(Lc.,between October 1 and 31),you mist report any required
compensation i n ofthe subrecipient by Novernber 30 of dmt year.
d) Emriptions. .�
1. If,in the previous year,you had gross` o m all soirees,under S300,000,you are excript fiDm die requirenrints to
report:
i. Subawards,arKI
H. The totalcornpensationofthe five mosthighlycorrpensaied exec of ip .
e) Definitions. For purposes of award to -
1. Entity"mrans all Entity" ofthe following as defined in 2 CFR Part 25:
i. A Govemiriental organimtion,which is a State,local government,or Indian tribe; E
u. A foreign public e `
iii. A domestic or foreign nonprofit organization; I
iv. A domestic or foreign for-profit organization;
v. A Federal agency,bud only as a subrecipient under an award or subaward to anon-Federal entity.
2. " officers,trianaging partners,or any other ernployees inmanagemant positions.
3. S means: .2
1f
2
i. This term means a legal instrument to provide support for the performance of any portion ofthe substantive project or program
for which you received this award and that yvu as the recipient award to an eligible subrecipicrit.
ii. The term includes your procurement of ro erty and services needed to carry out the project or program 11te term does mt
irElude p nt of incidental property and services needed to carry out the award project or program
iii. A subaward may be provided throuji any legal agrccrrrnt,including an agreenryl that you or a subrecifiient considers a
contract.
. Subrecipient"mcans an entity that:
i. Receives a s a` you(the recent)under this award;
CL
ii. Is accountable to you for die use of the Federal kinds provided by die subawarcl,
5. Total co e W cash and noncash dollar vak earned by the executive during the recipient's or subrecipient's
r-
preceding fiscal year and includes the fa (far more irformation see 17 CFR 229.402(c)(2)): m
i. Salary .
ii. Awards of stock,stock.options,a stock appreciation ' its.Use de dollar unt reca for al state
_...... .._n� _�. �_ ._�. .__ ....... ._._ ..... ..__ __�.___.. ._ _. _ ..._. .._ -------w._W. . _.. .............., ............._ _ .. .
Page:36
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m
reportingpurposes ect to the fiscal War in accordance Staterrent ofFinancial Accomfing Standards No. 123
2 )(FAS 12311),Shared Based Pa
Hi. Ewnings for services under non-equity incentive plam This does not include group a,health hospitalization or rnedical
reirybursemont plans that do not disc ° to in favor of executives, availabk generally to all salaried errployces. 0
iv. Change in pension value.'Ibis is the change in present value of defined benefit and actuarial pension plans. 0
v. et camings on deferred coupensation which is not -
A. Other conVensation,irthe aggregate value of all other co e n(e.&severance,termination payments,value of life
insurance paid on behalf of the cruployce,perquisites or property)for the executive exceeds S 10,000.
36. Reportingof Matteis Related to Recipient Integrity and Perfennance
a) General Reporting Requiren-ent If the total va ofyotr currently active ,cooperative agreements, procurement contracts
from all Federal awarding agencies exceeds S 10,000,000 for any periodof firm during the period ofperfornnawc of this Federal
award,thon you,as the recipient,during that period of fiar mist maintain dw currency ofinbrinatiDn reported to the Systcm for
Award Management(S t is a available iri die designated integily and performance system(currently the Federal Awardee
Peffirrymice and Irlegity Inforriiation System(F CIS))about cK criminal,or admiristizitive proccedirgs described in paragraph 2
of the Prirre Award term and corditicin.This is a statutory requinomont under section 872 ofPublic Law 110- 17,as amended(41
U.S.C.§2313).As required by section 3010 ofPublic Law t 11-212,all k&rniation posted in the designated integrity
perfornmnee system on or after Anil 15,2011,except past performance reviews required for Federal procurerrent contracts,will be
pubkty available.
) Proceedings You Must Report.Subrnit the irforniation required about each preceding t:
I. Is in connection with the award or perfonrance ofa grant,cooperative agreement,or procuromard contract from the Federal
Govemment;
2. Reached its final disposition during d st recent d;and
. Is one ofthe following
i. A ctininal proceeding that resulted in a conviction,as defined in paragraph 5 of this award term condition; _
ii. A civil proceeding that resulted in a finding of fault and liability and payment of monetary fine,penalty,mimbursemoril,
restitution,or damages ofS5,000 or re;
An ad five proceeding as defined in paragraph5 of this award term and condifion,that resulted ins firding offs
liability payment ofeitl r a n-Dnetary fim or penalty ofS5,000 or re;or reiribursenrnt,restitution,or damages in
excess o fS 100,000;or a)
iv. Any other critninal,cK or admirlistrative proceeding if.
a. It could have led to an o o described in paragraph 2.c.(C),(2),or(3)ofthe Prime Award terin and condition; tJ
b. It bad a different disposition arrived at byconsent or con-promise with an acIcnowledgment of fault on your pan,and .2
c. The requirr=nt in die Prim Award to and condition to disclose infunnnion about die proceeding does not co ' t with
applicable laws and regulations.
c) Reporting Procedures: er in the SAM Entity Management area the in5nnnation that SAM requires about each proceeding described
in paragraph 2 offlie Prim Award term and conditian.You do not need to submit the i6rrruficin a second under assistance
awards that you received ifyou already provided tic inforination through SAM because you were required to do so under Federal
procurernent contracts that you were awarded.
} Reporting Frequency. period oftirm when you are subject to requiremont in paragraph I ofthe Prim Award term
condifion,you must report proceedings information through SAM for die most recent five year period,either-to report new irdurrnation
about any proceeding(s)that you have not reported previously or affirrn that there is no new iffonvation to report.Recipients dial have CL
Federal contracts, cooperutivio agreement awards with a curnulative total value greater than S 10,000,000 must disclose
serniannuaffy any inforniation about die crirrimL civil,and administrative proceed°
e) Definitions.For purposes ofthis award term conditiorr
1. Adninistrative proceed' a non-judicialprocess that is adjudicatory in nature in order to make a deternination offauh or
Page.37
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' (e.&,Securities and EKcharW Connission Adninistrative proccedirigs,Civilian Board ofContract Appeals proceedings,
arid d Services Board of Contract Appeals rocced' ).This includes proccedfiV at the Federal and State level but only in
connection with perforrnmice ofa Federal contract or .It does not include audits,site visits,corrective pLans,or inspection of
defiverables. 0
2. Conviction a judgrrient or conviction of crininal o by wry court ofea etent jutisdiction,whedxT entered upon a o
verdict or a plea,and includes a conviction entered n a plea of nolo cants ere.
3. Total value ofcurrently active ,cooperative agreements,and procurumm contracts includes—
i. Federal share ofthe fimding under any Federal award witha rccoiunt cost share or tck-and
ir. The value of all expected funding krements under a Federal award and options,even if not yet emrcised.
0
0
0
0
0
0
E
0
m
0
CL
Page:38
Packet Pg. 1630
E.6.b
OMB Number:4040-0007
Expiration Date: 02/28/202.-
ASSURANCES -NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
0
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which o
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U.
of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on y
0
and completion of the project described in this the basis of age; (e)the Drug Abuse Office and
application. Treatment Act of 1972(P.L. 92-255), as amended, m
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and
of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290
accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol 10
and drug abuse patient records; (h)Title VIII of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (i)any other
conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable
made; and, (j)the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the
agency. application.
5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the
1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646)which provide for
one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or
Appendix A of OPM's Standards for a Merit System of CL
whose property is acquired as a result of Federal or
Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination. These include but are not limited to: purchases.
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) m
which prohibits discrimination on the basis of race, color 8. Will comply, as applicable, with provisions of the
or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328)
Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose
1683, and 1685-1686), which prohibits discrimination on principal employment activities are funded in whole
the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds.
Previous Edition Usable Standard Form 424B(Rev.7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
Packet Pg. 1631
E.6.b
9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593
Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and
333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.).
10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of
requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and
Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance.
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of
insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of F®
11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or
prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance.
environmental quality control measures under the National
Environmental Policy Act of 1969(P.L. 91-190)and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which
facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990; rehabilitation of residence structures.(d)evaluation of flood hazards in m
floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133,
Act of 1972(16 U.S.C. §§1451 et seq.); (f)conformity of "Audits of States, Local Governments, and Non-Profit
Federal actions to State (Clean Air) Implementation Plans Organizations."
under Section 176(c)of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies
Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program.
and, (h) protection of endangered species under the >
0
Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of 0.
205). the Trafficking Victims Protection Act(TVPA)of 2000, as 0.
amended (22 U.S.C. 7104)which prohibits grant award
12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1) Engaging in severe
1968(16 U.S.C. §§1271 et seq.)related to protecting forms of trafficking in persons during the period of time
components or potential components of the national that the award is in effect(2)Procuring a commercial
wild and scenic rivers system. sex act during the period of time that the award is in U
effect or(3) Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
CL
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Form 424B(Rev.7-97)Back
Packet Pg. 1632
E.6.b
ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009
Expiration Date:02/28/202
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
0
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act 0)
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763) relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in ur
management and completion of project described in Appendix A of OPM's Standards for a Merit System of :P.
o
this application. Personnel Administration (5 C.F.R. 900, Subpart F). m
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with CD
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681
from the awarding agency. Will record the Federal 1683, and 1685-1686), which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C.
with Federal assistance funds to assure non- §794), which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits U
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255), as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to CL
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or ,
progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
7. Will establish safeguards to prohibit employees from rental or financing of housing; (i)any other
using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s)
presents the appearance of personal or organizational under which application for Federal assistance is being
conflict of interest, or personal gain. made, and 0)the requirements of any other
nondiscrimination statue(s)which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97)
Prescribed by OMB Circular A-102
Packet Pg. 1633
E.6.b
11. Will comply, or has already complied, with the Federal actions to State (Clean Air) implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
1970 (P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as
acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h) protection of
programs. These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205).
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of
1968(16 U.S.C. §§1271 et seq.) related to protecting
§§1501-1508 and 7324-7328)which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable, with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
(identification and protection of historic properties), and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of 2
333) regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No. A-133,
(P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as
190)and Executive Order(EO) 11514; (b) notification amended (22 U.S.C. 7104)which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1) Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2) Procuring a commercial
with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3) Using forced labor in the performance of the W
developed under the Coastal Zone Management Act of
p 9 award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED CL
SF-424D(Rev.7-97)Back
Packet Pg. 1634
E.6.b
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number:4040-0013
Expiration Date:02/28/2022
1."Type of Federal Action: 2.*Status of Federal Action: 3." Report Type:
a.contrail a.bid/offer/application ®a.initial filing
® b.grant ® b.initial award ❑ b.material change
c.cooperative agreement ❑ c.post-award
d.loan
e.loan guarantee
f. loan insurance
4. Name and Address of Reporting Entity:
Prime ®SubAwardee Tier if known: ❑
Name W
Monroe County Board of County Commissioners
Street 1 Street 2 0
500 Whitehead Street
O
City Key West State FL: Florida Zip 33090
Congressional District,if known:
5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime:
Name
Florida Department of State �
Street 1 Street 2 ¢,
R.A. Gray Building 500 South Bronough Street
City State Zip
Tallahassee FL: Florida 32399-0250 4—
Congressional District,if known: z
6.* Federal Department/Agency: 7.* Federal Program Name/Description:
n/a Hurricanes Harvey, Irma, and Maria Emergency Supplemental Historic
Preservation Fund
C
CFDA Number,ifapplicable: 15.957
8. Federal Action Number,if known: 9.Award Amount,if known:
$
10. a. Name and Address of Lobbying Registrant: N
Prefix First Name Middle Name
Last Name Suffix
U
Street 1 Street 2
City State Zip
b. Individual Performing Services(including address if differentfrom No.10a)
Prefix First Name Middle NameCL
Last Name Suffix
Street 1 Street 2
City State Zip G3
11. Information requested through this form is authorized by title 31 U.S.C.section 1352. This disclosure of lobbying activities is a material representation of fact upon which
reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to (B
the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
*Signature:
*Name: Prefix First Name Middle Name
Last Name Suffix
Title: Telephone No.: Date:
Authorized for Local Reproduction
Standard Form-LLL(Rev.7-97)
Packet Pg. 1635