Item E7 � E.7
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe
it f '� � � Mayor Heather Carruthers,District 3
The Florida Keys Mayor Pro Tem Michelle Coldiron,District 2
_ 4 '{qt Craig Cates,District 1
\� V,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: E.7
Agenda Item Summary #6691
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 $138,932.00 no
match funds for repairs to the Key West Lighthouse Giftshop & Keeper's Quarters Roofs which were
damaged during Hurricane Irma.
ITEM BACKGROUND: The Key West Lighthouse Giftshop and Keeper's Quarters Roofs were
damaged during Hurricane Irma. The County applied for a special "2019 Hurricane Irma National
Park Services Subgrant" to help fund the repairs to the roofs and was awarded $138,932.00.
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 Key West Lighthouse Giftshop & Keeper's Quarters Roofs.
(Res. No. 149-2019)
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Grant Agreement and Attachments
DOCUMENTATION:
NPS DHR Grant_KW Lighthouse Attorney Signed- J
DHR-NPS Grant Attachments
FINANCIAL IMPACT:
Effective Date: 07/01/2019
Expiration Date: 06/30/2021
Total Dollar Value of Contract: $138,932.00
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E.7
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: The County will apply for FEMA reimbursement for expenses greater the
grant amount.
Grant of$138,932
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 3:26 PM
Joseph DiNovo Completed 03/03/2020 3:31 PM
Budget and Finance Completed 03/03/2020 4:08 PM
Maria Slavik Completed 03/04/2020 8:20 AM
Kathy Peters Completed 03/04/2020 9:11 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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AGREEMENT0
THE STATE F FLORIDA,DE STATE
AND
Monroe County Board of County Commissioners
073876757
20.h.fli.100.004N
rrcrrt is by and between the State ofFlorida,Departrirrit of State,Division of Historical Resources hereafter referred to as the 0
' ' ' ion,"ancl the Monroe County Board of County Commissioners hereinafler referred to as "Grantee."
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The ee has been awarded a 2019 Humcane Inna National Park Service Subgratit by d-c Division,grant nurrber 20.h.fh.100.004 for the
Project"Key West Lighthouse Giftshop and Keepers Quarters Roofs Hurricane Repair,"in the am=of$$138,932(
A ). ion enders into this Agreernant pumiant to LzE Item 3174,contained in the 2020 General Appropriations Act,S
2500,Laws offlorida.Tlw Division has the authority to administer this grant in accordance with Section 267.0617,Florida Statures.
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Fundkig for the gram is provided by the Enrrgncy Supplemmntal Historic Preservation Fund,Hurricanes Harvey,Irma and Maria Recovery
Grant(CFDA 15.957)awarded to the Division by the Departrrentofft Interior,National Park Serve S),Federal Grant Nunber
PI9AP00012(the Pnrre Award).11m P ' Award project period is March 1,2019 through h 31,2022.
Pursuant to the Pnnm Award,NPS awarded die Division S5,932,724 from the Emergency Supplernental Historic Preservation F F),of
which$4,959,699 is available for subgrants for recovery,repair and disastermitigation activities directed at historic properties during`
Hurricane InTri,incident period Septernber 4,2017-October 18,2017.The Division dLs ires to grarit a subaward ofthe Prim Award to Grantee 0
oftle Gratt A >
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In consideration of the mutual covenants and promises contained herein,the parties agre as follows:
1. Grant se. This grant shall be used exclusively for the'Key West Li ithouse G ills hop and Keepers Quarters Roofs
Hurricane Repair,"the public purpose for which these fimds were approprted.
a) The Grantee shall perform the following Scope of or :
Grant funds will be used to rep airs°replace the roofing systems of the Lighthouse Gift Shop and
Keeper's Quarters and update the Key West Lighthouse National Register of Historic Places
listing.All tasks associated with the Project shall n=t de requ rents set forth in the agreement
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b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded.
Payment Deliverable DescriptionDocumentation Payment
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1 Fixed Complete and submit an Application One(1)electronic copy of a $41,679
Price and Certificate for Payment(AIA completed Application and Certificate
Document G702)and Schedule of for Payment(AIA Document G702)
Contract Values (AIA Document and Schedule of Contract Values
703), or their equivalents, showing at (AIA Document G703), or their 0
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 y
approval.
2 Fixed Complete and submit an Application One(1)electronic copy of $41,679
Price and Certificate for Payment(AIA completed Application and Certificate
Document 702)and Schedule of for Payment(AIA Document G702) 0
Contract Values (AIA Document and Schedule of Contract Values
G703), or their equivalents, showing at (AIA Document 703), or their
least sixty percent(60%) of the equivalents, showing at least sixty
project completed, and the percent(60%) of the project
professional historic preservation completed; Credentials of
secialsticonsult is credentials to professional historic preservation
the Division for review and approval. specialist/consultant
3 Fixed Complete and submit an Application One(1)electronic copy of $41,679
Price and Certificate for Payment(AIA completed Application and Certificate
Document 702)and Schedule of for Payment(AIA Document G702)
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(l %)of the —
update to the NRHP listing, project completed; One(1)electronic
conforming to NRHP Bulletin 16a or copy of the draft update to the NRHP W
l6b as appropriate, to the Division for listing, conforming to NRHP Bulletin
review and approval. 16a or 16b as appropriate
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4 Fixed Complete and submit a final update to One(1)electronic copy of the final $13,895
Price the NR14P listing, conforming to update to the NRHP listing,
Bulletin 16a or 16b as conforming to NR14P Bulletin 16a or _
appropriate, to the Division for review 16b as appropriate; Single Audit
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.
Totals $138,932 CL
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 0
details of how grant and rnatch 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 0
term of this Agreement, as stated in Section 2 of this Agreement. 06
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2. Length of Agreentent. This Agreerrient shall begin on July 1,2019, shall end June 3 ,2021,urdess terminated in accordarice withN
the provisions of Section 34 of this Agreerrient,Contract extensions will not be granted unless Grantee is able to provide substantial written
jusffication and the Division approves such extension 11E Grantee's written request for such extension must be s ed to the Division 0
no later than thhy(30)days prior to the temination date of be valid until a written t is
signed by both parties as required in Section 7 and Section 16 ofthii Agrecrriant. 0
3. Contract Adninistrution. The parties are legally bound by the requirernents of nt. Each p s contract manager,narned
below,will be responsible for rnonitoring its perfumunce under this Agreemant, be the official contact for each party.Any notice(s)
or o r corimmications in regard to this agreerrent shall be directed to or detivered to the other parlys contract inanagar by utilizing
inkinnation below.Any change it the contact hibmution below shall be subrrittcd in writing to the contnict nunager within 10 days of the
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For the Division of tristorical Resourves:
Laura right Houston
Florida nt of State
A y Building
500 SouthSurct 0
Tallalmsee,FL 32399 >
Phor :850.245.6355
Etmil.laura.brighthousion@dos.myflorida.com
For the Grantee:
Contact:Monroe County Board of County Commissioners
Address: 11 Simonton St. Room 2-216 Key West Florida 33040 0_
Phone: 305.292.4427
Ermih Erickson- reanne onroeCounty- L.Gov
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4. Grant Paynients. All grant paynients are requested online via NNi w.dns mrAs,ca by subuiting a payrnent request with docurruntation
drat the deliverable has been co leted and docurrientation evidenchg all expenses incurred in acl-kving the co lesion of the de° cable. 0
Tie total g=a shall not exceed de Grant A wish shan be paid by de Division in consideration for the Grantee's
nininuin perforrrance as set forth by the tc=and conditions ofthis Agreernent. payrnent 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.
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5. Bectronic Paynnents. Grantee can choose to use clectronic fmds transfer to receive gmm payrrients,All gwees wishing to
receive their award through electronic finds transfer must subrnit a Direct Deposit Authorization form to die Florida pa nt of
Financial Services FS).IF EFT has already been set up for the organization,the Grantee does not need to subrrit another authorization
form unless the organizafion has changed bank accounts.Tie authorization form is accessikrle at
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6. nodda Substitute Fo - . A conpleted Substitute Form 9 is required from any entity that receivm a payrrunt tie State of
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Florida tit rmy be subject to 1099 rrpo DFS t liave tar correct Taxpayer Identification Nurrber( )and other related m
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infornution in order to report accurate tax infornntion to the Interrial Revenue Service ).To register or access a Florida Substitute 0
Form W-9 visit r v`v .A copy of the Grantee's Florida Substitute Form W-9 must be submitted to
the Division,as required,in advance of or vdth the executed ree ment 06
7. Amendment to Agreenrient Either party may request triodifkation of the provisions oft e by contacting the Division to 0.
request an AnrndnrrA to the contract.Changes Mich are agreed upon shall valid only Men i %iriting,signed each of the N
parties and attached to the originai or this Agreement.lfchanges arc irrplernentedwithout die Division's wdmn approval,
or tion is subject to noncorupliance,and dr grant award is subject to reduction,partial or co late reftind to the State ofFlorida 0
tennination of this AgreeneriL
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8. FinancialConsequences. The Department M apply the following consequences for fa to perfoan the rnininun level of
services requited by this Agreenrnt in accordance ivith Sections 215.971 and 287. 58,Florida Statutes.
a) Payrwnts will be wkWicid for ffiikire to conplele services as idc in dx Scope of Work and Deliverables,provide doc n
d-at tl deliverable has been co feted,or den-onstrate the appropriate use of state or federal fim&.
) I fthe Grantee has spent less ffian d Award Amourt in state or federal fimds to co late the Scope of Work,the W pa
will be reduced by an equal to the cifference between spent state or federal dollars and the Grant Award
c Payartis will be widicid for work not consistent with the ap` able historic preservation standards as otfilined in the Secretary of dw
Interior's Standards and Guideliries for Archaeology and HistoricPreservation available online at
s_�/`+nv�v_rn,s l��ls� ec�stittorprer�atksn/st� *�!c.lLn or appficableindustry standards
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The Division s ll reduce total grant fiWing for the Project in direct proportion to any required tch contributions not t by the end of >
d d.This reduction shall)be calculated by dividing the actual rratch affiourt by the required rmich arriourt indicatedin the 2
Ageenunt and multipilying the product by d-c Grant Award Armunt indicated in nt.Pursuant to Section 18,Grantee shall 0
refinid to the Division any excess s paid out prior to a reducdon of total grant flinding.
9. Additional Special Conditions.
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a) For all projects involving development activities , the following special conditions apply.
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i. All project work must be in co e with die Secretary of the Interior's Standards and Guidelines for Archaeology and
toric Presemation available online at I e sJ.`� %y%v.r s. vl5rrbjec tot p rvatxin/s lrtnt,
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ii. The Grantee shall provide photographic docurrentation of the rmtoration ac' ` elires regarding the photograplk
docurnentation are available online at 0
iii. Architectural Services
A. M projects shall requ:irc contracting for archftccturall services. ¢i
B. The Grantee nuy request a waiver ofthis requirenicrit korn the Division if they believe dmt the architcctum4,engincering services
are E needed for the Project n shall make a recornrnendation to the Grantee after review of dr,proposed work,
iv. Architectural c nts mid Construction Contracts
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The Grantee simll subrnit the architectural services contract to ion for review and approval prior to ` executiorL In
add°° n,pursuant to Section 267. 31(5)(i),Florida Statutes,the Grantee shall subn1h architecitral planning docunwnts to the
Division for review and approval at die Mowing stages ofdevc pn-ant:
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A. Upon corrpletiDn of'schematic design;
B. n completion of design velo nt and outline specifications,and 2
C. Upon completion of 100%construction c nts and project nminial,prior to executionofthe constructioncontract.
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v. For die construction pbase of the Project,in addition to the review submissions irdicated above,a copy of the construction N
contract must be submitted to the Division for review and approval prior to final exectifion.Division review approval of said —
contracts shall not be construed as acceptance by or irrposition upon tlie Division ofany financial liabilityin connection with said
contracts.
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A. For projects involvingground disturbance(c e:historic building or structure relocation,grading and site
installation of sewer and water lines,subgrade foundation repairs or darrp proofing,construction of now foundations ard installation
of landscape materials),die Grantee sIzU ensure that the followinged in all contracts for archhectuml and
engineering services:
A. Ground disturbance around historic buMings or elsewhere on the she shall be minirrized,thus reducing die possibilitycifdamage
to or destruction of significant archaeological resources.
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B. I f an archaeological investigation of dre Project site has not been completed,die architect or engircer shall contact die Division
for assistanec in determining actions to evaluate the potential for adverse a cts ofthe ground disturbbg activities
on signiiicant archaeological resources.
C. Significant archaeological resources shall be protected and preserved s place whenever possible.Heavy machinery shall not be
allowed in areas where s4iificant archaeological resources may be disturbed or damagod, 0.
D. n preservation of'significant archaeological resources in place is not Easble,a mitigation plan shall be developed in
consultation with and approved by die Division's Ca a Review Section(contact in1birmation available ordine at �
ma,-6w. ULom).Ile nitigation plan shall be inplemented under the direction of an archacologist meeting the Secretary
of the Interiors'Arafessional Qualification StandardsforArchaeolo � —
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E. Documentation ofarchaeological investigation required n actions shall be submitted to the Conpliance Review E
Section for review and approval.This dot tan shill conform to d Secretary'of the Interior's Standards far
Archaeological Dooementation,and dx reporting standards ofdx Conpliance Review Section set forth in Chapter IA46, W
Florida Administrative Code.
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F. AD Historic Preservation F F)fiWed grants arc subject to die rcquirerrunts offir Natioml EnviroriTental Policy Act
(N A)of 1969,as amended.See Section I Lc)ofthis agrucirmt.
v . NPS Reviewof PlanninglDesign Docuinents for Confonnance to the Secretary of the Interior's Standards.In addition to
Division re for development projects described above,thu following t be submtted to NPS prior to the beginning of
grant assisted development work:
A. a site plan that has the north direction clearly marked
B. a city/county map with the site ofthe property clearly labeled
C. set of plans specifications for the project
D. photographs(or digital' )of all exterior elevations ofthe building or site,with views identified oriented keyed to
die site plan E
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E. interior photographs ofall nuior roonis and thoseinvolved iri Or project,labeled and keyed to a floor plan E
F. any additional information that will better enable a technical review ofthe project to be co laced like historic photographs,
historic structure reports,building studies,etc.
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Docurnents for dic entire undertaldigt be submitted to NPS for its review approval to ensure confornrance `
Secretaryof dw Interior's Standards and Guidelinesfor Archaeology and HistoricPreservatiork and with the conditions listed in N
this Grant Agreement.Work that does not coniply with these Standards to the j ofNPS wig not be reirchursed,and may cause the to be terminated and finds deo t e
) For all projects inivolving stuvey activities,the Following special conditions apply.
i. The Grantee shall subrnit surwy project contracts to the Division for review and approval prior to execution.
H. A 1 A 32 permit t be obtained u ofArchaeological Research prior to the bcoming of fieldwork conducted in
state lands and a copy subritifted to the Division,if applicable.
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ill. For historical structure and archaeological suncy projects,the Grardee shall follow the historicstructure and archaeological survey
guidelinesas oudined in the docurnents found oniar at lath,afi ,a,4.srr�t 7r 1 ,r[r'; at i, s �re ,�j,, y `.Tile
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survey report shall conibmito Chapter IA46, Flailda Administrative Code,
iv. For all HPF finided grants,archaeological collections accornpanying data and records t be curated in a repository
conterrporary professional standards, Secretary's"Standards for Archaeology and HistoricPreservation,"and 36 CFR 79
except when other disposition is required by 43 CFR 10,the regulations for Native Protection and 2
Repatriation Act(25 U.S.C.3001). However,the costs of ongoing curation are not allowable for HPF grant assistance.
c) For all projects involving National Register noninations or updates, following special conditions apply.
L 'nic Grantee shall consult with ion staff for development of die nomination text.Nominations must co to National
Register of Historic Places Bulleth 16a or i 6b,as appropriate:httos 1 w"v,rps�L vim! r °a s
ii. The tee shall subirrit national register nornination project contracts to n for review and approval prior to executiom
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) NPS Concurrence Wth Selection of all Consultants and Con ctors. Forany project qW,prior to noffying,consultarits of their
selection,documentation of a cornpetifive consultant selection process,along with itsjustification s)for cons (s)
selected forgrant-assisted work must be provided to Division for submission to NPS for approval Cons co ctor(s)mist
have the requisite experience ®in historic preservation or relevant to oversee the project work.AN consultants and
contractors rnust be con-petitively selected doe tion of selection rrust be mairctined by thic Grantee and be rnade readily
available for examination by the NPS.Federal contracting and procurement giidarice can be found 2 CFR 200.318.Maxinum rates
charged to this grant nruy not exceed 120%of a Federal Civil Service GS-15,step 10 salmy per project location Current salary ¢i
tables can be found on the Office ofPersonnel and Managarnent website:Immliwxymol2mW.--j ta-otirtsit�rtfnav-
]crr® fsa rya
e) Emergency Supplernental Historic Preservation ,Hurricanes Harvey,Inna,and Maria Recovery
Subrecipients must execMe ft following federal forrns prior to Division execution of Or. t Award Agreenrent and release of
grant finds: z
i. SW Form 424B,Assurances,-...Non-Construction Prograrrs E
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ii Standard Form 424 ,Assurances-Construction Programs
Standard Form LLI,Disclosureof Lobbying Activities`
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f} EmergencySuppLomental Historic Preservation Fund,Hurricanes Harvey,InTia,arid Mariacovert' F v,
Subrecipients must corrply with the Federal Special Conditions contained in Attachment C. —
10. Public Endorse nients and AcknoWedgerrient of Grant Funding.Pursuant to Section 286.25,Florida Statutes,and ESHPF HIM
Grard Program requirements:
a} Public Infonnation,Endorsements,and Press Releases.
i. 1n publicizing,adverfising,or describing sponsorship of the program the Cauntee shall include the following staternent:'11iis.
projects sponsored in part by the Department of State,DivisionofHistorical Resources and the State of Florida." n in
this hnguage t receive prior approval in writing by die Divisiori
n. Grantee shallmipublicize or otherwise ciculate pro t rah ter rl(s h as advc ' ts,sales brochures,press releases,
speeches,still and rnotion pictures,articles,maiumnpts or other publications)which states or implies governmentak p l,
bureau,or government enployce endorsernent of a busims,product,service,or positionMikh die Grantee represents.No
release of inforrnation relating to thus award niny state or imply that the Government(state orfederal)approves ofthe Grantee's
work products or considers the Grantee's work product to be superior to other products or services,
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A. AN inbrrnation s ed for publication or odw public releases of inbrniation regarding this project shall carry die following
disclaimer
Partially futided by the Eipwrgeircy Suppletrrewal Historic Preservation Fiard,Nrrtiorral Park Senaice,Departitient
of the Interior.Airy opinions,findings,and coirchisions or recoiwiwirdations expressed irr this awlerial do trot
cmistitute eirdorseJncirt or riecc'ssaril°p reflect the r>ichus of the Departir rrt of the Irrterior or U.S. Gover ►rretrt. —
GranteeB. must obtain prior Government approval for anypublic inronvation releases concerningthis award which refer to the E
Department ofthe interior or any bureau or employee(by rom or title).The specific text,layout photographs,etc.of the
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proposed release t be submitted with test for approval Grantee must provide a digital copy ofany public
inforn-afiDn releases concerning this award.
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C. As stipulated in 36 CFR Part 800,public vic%vs and comments regarding all Federa ed undertakings on historic
properties t be sought and considered by the aufliorizing Federal agency.'nierefore,the Grantee is required to post a press
release regarding the undertakingunder this grant in one or more of die mijor newspapers or news sources that cover die area
affected by the project within 30 days ofreceiving die signed grant Agreement.A copy ofthe posted release must be subrnitted i
to the Division for provision to NPS within 30 days of die pos`
D. The Grantee rriust transmit notice ofany public ceremonies planned to publicize die projector its results in a timely enough
mariner sa that the Division or die Florida Department of State,or NPS,Department of the Interior,Congressional or other
Federal officials can attend if desired.
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E. Copies ofall press releases must be provided to NPS.
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b) Requirenwnt for Project Sign/NotifientiamThe Grantee rnust create public notification ofdle project in the form ofa project s`
website posft and proper credit fbr announcemants and publicationsas appropriate, S° a' n must be subrnitted to the
Division for approval in advance.Also the sign/notification mist be ofteasonable and adequate design and construction to withstand
wead-er e of size that can be easily read fmm the public right-of-way, be d in place throughout the project 06
term At a all notifications must contain thc following state :
'TPN
roject Namel is being supportedin part by an ErnergencySupplerre=1 Gr=from the HistoricPreservation Fund administered by Nthe ational Park Park Service,Departrrent of the Intern"
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Additional irffirmation briefly idenfilying the historical significance ofthe property,recogni dngother contributors,or use of the
allowable to (with approval)is encouragcd and pernissible,
Photographicdocurnentation of the sigWhotification must be subrnitted to the Division. cost of fabricating and erecting ti n
is an clipble cost for dr gad.Rbutine maintenance costs ofroject sigs are not allowable project costs.
c) Deliverables/Publications.The Grantee mastinclude acknowledgwent ofgrant support from dr Historic Preservation F F)
of the NPS,Departrrent ofInterior,in all deliverables,press,and publications concerning NPS grant-supported activities as
reiTenced in die Scope ofork.
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i. One digital copy ofany delimrable/publkation must be kwnished to the Division for submission to NPS within 90 calendar days of
the expiration of this Agreen-ent.All deliverables must contain following dscla' acknowledgement:
Mis material ivas produced rvith assistance from the Emetgency Stepplemental Ifistoric Preservation Fund,administered
by the National Park Service, Departmeiit of the Interior.Any opinions,findings,and co'tchLsiotis or recommendations
expressed in this material are those of the author(s)and do not necessarily reflect the visas of Ilie Depar intent of the �.
Interior.
ii. Deliverables/publications include,but are not lkrkcd to:grant projectreports;books,parrphlets,brochures or s;video or
audio files;docurrentation.ofewnts,inchding pro ,invitations and photos,websites,trobile apes,exhibits,and interprc i
signs.
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iv, AD consultarU hired by dGrantee must be` ofthis requirenunt.
iv. The Division and NPS shall have a royatty-fte right to republish to° produced under this grant.AD photos included as
part of the interiml reporting and deliverables/publication will be considered released to die Division and NPS for future
official use.Photographer, te and caption should be identified on each photo,so Division and NPS tmy provide proper credit
for use.
v. A digital(preferred)or physical copy ofall deliverables t be available for public access.
11. Federal Cornpliance Requirenients.All ESHPF HIM subgrant projects must coniply with the following federal req ° nis:
a) Compliance Wth Section 106.Pursuam to Section 106 ofd Natioml Historic Preservation Act(54 U.S.C.§30610 )the NPS has
agreed t State Historic Preservation Offices(S Os)for ESHPF g=assistance must' °° to consultation and must co fete the
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consultation process stknbied in the mgLdations issued by the Advisory Council for Historic Preservation(AC HP)in 36 CFR 8
prior to the co nce nt of all grant-assisted construction,ground disturbance or project planning It shall be understood that NPS
rcrmirrs ultirnately responsible for all findings and determinations.T1r p ' ry recip nt(SI4PO)must retain prooforpublic notice and
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a request for consultation for every selected subgrantee in project files.Subgraritees wig be required to submit documents to the SHPO
for deterrnination ofe is to historic properties.Review documentation will renmin with eachgrantee's subgr=file until such time as
the subgrantee submits a firml report and photographs for work to&SHPO to confirm that all work coupleted was done as required.
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AD documentation should conform to 800.11 of the 36 CFR Part 800.Docurnentaticin ofproer review by SHPO staff for compliawe
with the appropriate Secretary ofthe Interior's Standards must be available to NPS at all firrics while the gram renrins open.In N
addition,subgrantees must comply with those recorrmendations stated in the HPF Grants Manual Chapter 8,Section D'StandardsApplicable —
to S ." to lions ofAdwrsc Eflkt will cause terminations of subgrantee projects.In cases ofctmmbtiw
adverse e cts,however,there nuy be a need to develop a MemraMum of OA)with SHPO,NPS and AC HP.
b) Conq&nce Wth Section 110.Section 110 of The National Historic Preservation Act identifies the responsibility of dw federal
agency in their treatimm ofhistoric properties.Section 110(o(54 U.S.C.§306107)clarifics the responsibility ofthe aguicy to
protect National Historic )from harm.In addition,Section 110(k)(54 U.S.C.§306113)prohibits NPS fiUm
kWing any grantee ors c that attempts to avoid the requirements of Section 106(see above).Grantees must mike every
effort to fiind preservation projects that do no harm or adverse effects.Should it be discovered a grantee has deliberately damaged a
property(e.g.,pre-emptive do n)to avoid requiremonts,NPS must be notified to deternine,in consultation with the AC HP,if
the project can proceed.
c) Requirenent for NEPA Compliance.All HPF flinded grants are subject to the req nts ofthe NationalEnvironmental Policy
Act(N A)of 1969,as amended,This Act requires Federal agencies to consider the reasonably foreseeable environmental
consequences ofall ported activities.As part ofNPS inplementation of this Act,grantees am required to notify NPS of
reasonably foreseeable irnpacLs to die environment from grarit---supported ac° `" s,or to certify t no such innpacts will arise upon
reccipt ofa grant award.In addition,NPS has determined t mast HPF grant finds are not expected to Wividually or curnulatively
have a sigrificant irnpact on the environment;unless the activity involves development(construction)or archaeology.For construction
or arclmeolDgy projects,the Grantee should submit an Environmental ScreeningWork-sheet,in order to assist the NPS in
determining if a Categorical Exclusion(found in NPSDirector's Order 12)can be utilized.Wo I is y be obtained at:
19psZ,`v�vzv,r s,cxrylp natlon- cii�7-ri rt rt" ®1 Works is ybe s ed p specifrvat ns if
required by the Scope ofork.
d) Requirerwrit to Execute a Pmervation Covenant/Easement.Tbe purpose ofdevelopment grarits funded through the F is to
preserve I° riy sigifficant historicproperties for this and fiitum Wncrations.Section 54 U.S.C.§302902 ofthe Natiorml Historic
0
Preservation Act requires that HPF graffices must agree to assurric,after the conpletion offlic project,the total cost ofcontinued
maintenance,repair and administration of -assisted property in a rimmer satisfactory to the Secretary of the Interior.
as
Accordingly,subgrantees awarded flinds for the physical preservation ofa historic site shall sign a Preservation Cove nt
with the SPO in h th sic is located or to a nonprofit preservation o tion acceptable to the NPS.NPS approval ofa
covenzinVeaserricnit holder other SHPO must be in wrift The term of the covenant/casenierd must fallow e in the
F Manual-Chapter 6 fium the end date of this agreerrent.The covenant/caserricrit must be executed by registering it with die deed
of the property.A photocopy of die executed covenant/caserrient,starriped registered with the deed,must be subinitted to the NPS ¢i
prior to die end ofthe award period of perfbmunce and final drawdown of finding A copy ofthe covenaniYeaserrent must be
retained by the Grantee for the duration ofthe cove tle nt.
A draft copy of th covenaiVeasement must be submitted to the NPS within one year for review and corriment.Baseline
documentation of die character defining features of the site should be documented prior to construction through photographs. CL
Following completion ofall work,&prescmfiDn coveriant/casemont mist docurwrit the grant assisted condition ofthe site and z
the character defirring features included as part ofthe docunrnt registered deed.
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e) GIS Spatial Data Transfer. One(I)digital copy ofany GIS data produced or collected as pan ofthe grant fimds will be submitted
to die Division and NPS.All GIS data files shall be in a sha (*.s )or GeoDatabasc format,preferably a GeoDatabase fo t.
Federal Geographic Data Conyrittee co data set level metadata shall be submitted for each shape shapefile or feature class included,
An cultural resources delineated ted GIS data(points,lines or po ns)should fiffther be established in corrpliance with the NPS 06
Cultural Resource Spatial Data Transfer Standards with complete feature level metadata.Terrplate GeoDatabases and guidelinesfor
creating submitting GIS data in the NPS cuk=1 resource spatial data transfer standards can be found at the NPS Cultural N
Resource GIS Facilky webpage:!tttrtslL`v tiv, ,s.govlc c 5Ujdam6,l1nl Technical assistance to meet the NPS Cduiral —
so e Spatial Data Transfer Standard specifications will be made available ifrequested.
f} The use of federal hinds to' rove public buildings,to finame services orprograms contained inpubk buildings,oraheranybuilding
or facility ed in whole or in part wkh Federal fivids(except privately owned residentials ),requires cornpliance with the _
1990 Americans with DisabilitiesAct( A),Section 504 of d-c Rehabilitation Act of 1973,and the ArchitecturalBarriers Act
(ABA).Work done to alter the property should be in conpliamc with all applicable regulations and gLiidanicc.
12. Encumbrance of Funds.The Grantee shall execute a binding contract for at least a part ofthe Scope of Work by March 31 in tlr first
year ofthe gram period,except as allowed below.
a) Extension of Encurribmnce Deadline: encumbrance deadline ted above may be extended by ° en approval ofthe Division.
To beeligible for this extensiciri, ee mist demonstrate to the Division that encuxbrance ofgrant fimding and the required
match by binding contract(s)is achievable by the end of the requested extended encurnbrance period.The ee's written request
for extcnskrn ofthe encuThrance deadline t be submitted to the Department no later than (15)days prior to the
encmTbmnce deadline sated above.The maxinnum extension of the cricurnbrance period shall be s' (60)days.
2
b) Ericurnbrance Deadline Exception:For projects not involvingcontract services the Grantee and the Department shall con uk on a c .
by-case basis to develop an acceptable encurnbrance schedule,
13. Grant Repurfing Requireurients. The Grantee must submit the following reports to the Division. reports shall document the
completion ofany deliverableshasks,expenses activities that occurred during that reporting period. reports on grant progress wM be
subruitted online via v.doL' nts.co _
a) First jeer Progress Report is due by April 30,for the period ending March 31 (first year ofthr Grant Period),
E
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b) Second Pmject Progress Report is due by July 31,for the period ending June 30(first year ofd-c Grant Period)°
c) Third Project Progress Report is due by October 31,for the period ending September 30(second of the Grant Period).
d) Fourth jeer Progress Report is der by January 31,for the period ending Decenixir 31 (second of the Grant Period).
e) Fifth ject Progress Report is due by April 30,for the period ending March 31 (second year ofthe Grant Perked).
i
t} Sixth Project Progress Reportis due by Jantairy 31,for the period ending Deceirber 31 (second year of the Grant Period),
g) Seventh Project Progress Report is due by April 30,for die period ending March 31 (second of the Grant Period).
h) Final Report. The Grantee must subrnit a Final Report to die Division within one nunth ofthe Grant Period to set forth in CL
Section 2 above.AM fiml reports must docurnent the completion of all defiverableshasks,expenses activities that occunred by the ;j
Period End Date.The Grantee may expend funds only fbr allovmble costs restilting from obligations`munred.during. tlr specified
_. _ _._._ ,... _. _a .. a.... _. _ _ ... . _ro .... ..... .. ...
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agreemm period. a of state or federal financial assistance must be in co a with the laws,rules,and regulations
applicable to expenditures ofstate and federal kinds,includirg but not lirnited to,this Agreernent, Reference Guide for State W
Expenditures,2 CFR Part 200,and die HPF Grants Manual
06
14. Matching .Nonon-Federal rnatching share is required for ESHPF HIM grants.Any non-Federal share,whether in cash or in 0.
-
0
includedapproved project budget is expected to be paid out at the same general rate as the Federal sham,EKccptiDnsto thisN
requirement y be granted by the Division based on sufficient docurrenLation demonstrating previously deterrnined plans for or Eater
cornniancrit of cash or in-kindcontributions.In any case,the Grantee must rmet their cost share conTnitrnent over die a ofthe award.
The Grantee t subrnit docurrentation tint the rnininm n-etch requirements ve been rmt and provide to the Divisiond tion
evidencing expertses incurred to con-ply with this requirennerc
15. Grunt Completion Deadline. Tla grant conpletion deadline is the end date of d-iis Agreetwnt set forth in Section 2 above.The Grant
Completion Deadline is the date when all grant and rratchingw been paid out and expended or incurred in accordance with the
work described in fir Scope of Work,detailed in the Estirnated Project Budget.If the Grantee finds it necessary to request an extension of
d-c Grant Conpletion Deadline,an Ammirrent to the Agmerricra amt be executed as per Section 7,and the stipulations in Section 16
mist be rrcL 0
16. Extension of the GrantCompletion Deadline. Anextension ofthe conpletion date most be requested at least thirty(30)days prior to
the end of the Grant Period and rruy not exceed 120 days,unless.the Ckantec can clearly denunstmte extenuating car es;
provided, however, that under no circurnstances rmy this Agrccn=be extended b period ofperforrnance of tl Prim Award
through h this project is fimded.An extenuating circumstance is one that is beyond control ofGrantee,and one that prevents
tirrely completion of die Project such as a natural disaster,death or serious illness of die individual responsible for the cornplation of
Project,litigation related to the Project,or failure of die contractor or architect to provide the services for which they were contracted to
provide. exte sire a does t` e '1a to d or ers a req ' ofa or failure to 0.
raise sufficient nutching kmds.Changes to die o ` ' I counpletim deadline shall be valid only when requested in wrift approved by the
Division, nt to the Agrectnent has been executed by both parties and attached to the original ofthis.Agreement.
17. Non-allomble Grant Expenditures.11m Grantee agrees to expend all grant firds received under this agmerrent solely for the purposes
for which they were audiorized and appropriated.Expenditures shall be in cornpliance with the state guidelims ibr allowable Project costs _
as outlined in nt of Financial Se ` es'Reference Guide for State Expenditures(revised 3/10/2011),wfich am incorporated
yreference and are available online at IMIIwtiLtiv.r acfo.eon�aadir.refcrrnce nridel. fo categories ofexpenditures are
n-a wable-for expenditure of grant fmds and as contributions to requiredmatch:
a) Expenditures for work mt included in the Scope of Work of die executed Grant Award A nt;
Costs of goods and services not procured in accordance with procurement procedins set forth in the Grant Award Agrecurnt and
Chapter 287ofthp Florida Statutes;
c Expenses incurred or obligated prior to or aaler the Grant Period,as indicated in the Gram Award Agmearnt; _
d) Expenses associated vvith lobbying or atterrpting to irdluence Federal,State,or local le ° la° q judicial branch,or any state
agency;
e) Expenditures for work not consistent with d-r applicable historic preservation s as outlined in the Secretary ofthe Interior's
Standards and Guidelinesfar Archaeology and HistoricPreservation available online at
I sI'wwtiv.rms.urvts cety1> torp natardsta a or applicable industry standards;
f} Costs for projects having as tIrir prinary purpose the Uffinent of Federal or State historic preservation regulatory requinernents,
specifically,casts ofconsuhatiDn and nritigation measures required under Section 106 ofd National Historic Prese,vation Act of
1966,as arrunded,or under Section 267.031,F.S.® CL
g) Projects directed at activities or Historic Properties that am restrictedtoprivate or exclusive participation or access,which shall ..
include restricting access on the basis ofsex,race,color,religion,national origJin,disability,age,pregnancy,handicap,or nurital status; �
It) c nn,food,beverages,plaques,awards,or Offs,
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i) Costs or value of donations or In-kind Contributions not documentecl in accordance with the provisions ofthe Grant Award
j) Indirect costs including Grantee overhead, nt expenses, operating costs and other costs that are not readily
identifiable as expenditures for the materials and services required to co lets die work identified in die Scope of Work in the Grant 06
Award Agreement.Exartplcs of indirect costs include: rtgagp,Lflitics,janitorial services,insurance,accountirg internet
service,marthly expenses associated to security syste n- la clerical sta `
fimdra� e N
' activities;
—
expenditures such as expenditures t are directly attributable to managemant of d-c grant-assistcd Project and meeting
reportingthe associated requiremcrits ofthe Grant A rd,whether grant expenditures or match contributions,which in
aggregate exceed 5%of the grant a E
I) Cirantec operational support(ie.,organization salaries t directly related to grant activities;travel e r d m;orsupplies);
) Inswance costs n:costs for builder's risk,workers'corrpensation and contractor's liabiliry insurance);
n) Capital irnprovernentsto non-historic properties or non-historic additions to a Historic Property,
o) Capital roves nts to die interior of Religious Properties ep' n:repairs to clerneras of die structural system Exanples include:
foundation repairs,repairs to co d bearing wall karning,roof fiaming,nusonryrepairs,and window and exterior door repairs
and restoration practices associated building envelope);
p) Accessibility inpro%urnom for Religious Properties-,
) Vehicular circulation(d ° ys)within die property or from the property to surrounding streets and parking(Exception:
CD
proven ofcode-requiredzapped parking pad(s));
r) Sidewalks,paths,walkways,landscape fee accessories,planting higation systems site ligbting(Exceptions:sidewalk
required to fink the code-required icapped parking pad(s)to die accessible entry;plantinysodding required to halt documented
crown,prunirg re vat or relocation oftrees.posingiate threat to the histofic or archaeological e;and linied site
lighting required for security,all ifapproved by the Division),
s) Fences and gates option:restoration or in-kind rep a ru of darnaWd or missing historicfences,gates,or sections of e);
t) F nt.(a)Expenditures for! nt inicluding but not knited to:desks,tables,seaft rugs and . .
mats,artwork and decorations,window treatnents,conputers,camaras,printers,scanners,appliances,case goods(incWing
cabinets,countertops,or bookshelves),new or replacement casework,systems' ,portable liginting fixtures,portable so or
projection systems,spec' eq ' nt,visual display units,total stations,movable partitions,and acoustical treatments
and components,unless specific prior approval has been granted by the DivisiorL(b)If special eq4rrent is required for connpletion of
the Project,it shall be rented for the grant to it can be shown t acquiring the cquipmmt is cheaper than renting the
equipment and approval has been provided by die Division as part ofthe docurrentation presented at do time ofapplication.Ift
0
value ofspecial eq ' to be used as a match contribution,the value ofmatch contribution sl-ull be limited to the cost ofrental
for the Chant Period at the market rate for such rental in the re ° r4
u) Costs associated i i attending or hosting conferences,sunTrits,workshops,or presentations;
v) Travel expenditures,including dense ofpersonnel responsible for iterns of work approved by the Division,administrative personnel,
contracted or subcontracted a loyces,cither for purposes of work on-site or research off-site;
w) Acquisition of real property,and J
x) Total reconstructions and rrujor reconstruction projects,such as recreating a building or Wi6cape that has been cornpletely
destroyed.
IUnobligated and Unearned Funds and Allo%%able Costs. In accordance with Section 215.971,Florida Statutes,Or Grantee shall
reffind to die State of Florida balance ofunobligated kmds which has been advanced or paid to the Grantee.In addition,fimds paid in
excess of to which the recipient is entitled under the to conditions of the Agmenrit mml be refizded to the state
agency.F r,do recipient rray expend only for allowable costs resulting from obligations incurred during die specified agmernent
CL
period. e s ofstate or federal financial assistance nist be in cornpliance with the laws,rules,and re lions applicable to
expendb tres ofstate and federal fimds,includirg but not ' d to,do Reference Guidefor State Erpenditures,2 CFR Part 200,and
the F Grants Manual m
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19. Repayrnent. All reflixis or repayrrents to be node to the Division under this Agrearrent are to be nude payable to the order of the
of State'and traileddirectly to the following address:Florida Department ofState,Attention:Grants Program Supervisor,
Division of ° to ° al Resources,500 South Bronough Street Tallahassee,FL 3239.In accordance with Section 215.34(2),Florida
Statutes,ifa check or other draft is returned to tic Department for collection,Grantee sball pay to de Department a service fee of$15.00 06
or five percent(5°/®)of die face arnount of the retitmed check or drat whichever is greater.
N
20. Single Audit Act. Each Coantee,other than a Grantee that is a State agency,shall s to an audit purstaint to Section 215.97,Florida —
Statutes.See Attachrrent B for additional fiformation regaMing this requirement. W
21. Retention of Accounting Records.Financial records,supporting docurrents,statistical records,and all other recordselectronic
storage tmdia pertinent to the Project shall be retained fora period of five(5)years after the close out of the gram Ifarry fitipfiDn or audit
is initiated,or claim de,before the expiration of the five-year period,the records shall be retained until the litigation,audit,or claim
been ltsolved.
22. Obligation to Provide State Access to Grant Records.The Grantee trust nuke all grant records ofexpendaures,copies of reports,
books,and related docurnentation available to the Division or a duly authorized representative of the State ofFlorida for inspection at
reasonable times for the purpose ofmaking audits,examinations,excerpts,and trunscripts.
23. Obligation to Provide Public Access to Grant Records. TI-c Division reserves the right to tmilaterally cancel ft Agverrent in the
event that tir Grantee refims public access to all documents or other rmtefials rrude or received by the Grantee that are subject to the
provisions of Chapter 119,Florida Slanues,known as the Florida Public Records Am 717e Cirantee rnust inardiately contact the
Divisiods Contract Manager for assistance if it receives.a public records request rested to this Agreement
2 . Inver Iment of Funds ReceivedBut Not Paid OuL The Crantee rmy ten-porarily invest any or an grant filnds received but not
expended, an interest accow pursuant to Section 216.181(16)(b),Florida Statutes. Interest earned on such filvestrnents. 0.
should be returned to the Division quartcrhy,except that interest accrued less than S 100 within any quarter may be held until die next quarter
when&accrued interest totals mored S 100. All interest accrued mid not paid to the DivisioR regardless of arrount,must be submitted
wdi dieGrantee's final Progress Report at the end ofthe Grant Period. W
25. Noncompliance vrith Grant Requirements. Any Grantee that has not submitted required reports or satsficd other ad ° `tra°
requirernents for this grant or other Division ofHistorical Resources gum or grants from any other Floridap t of State S)
Division ` be in noncorrpliance status and subject to the DOS Grants Corypliarice Procedure.Grant corupliance issues t be resolved
belbre a grant award a e nt y be executed,and before grant pa for any DOS grant rrny be released.
26, Accounting Requirements. The Grantee must maintain an accounting system tlet provides a co lets record of die use ofaA gwl firrlds
as follows:
a) The accounting system must be able to specifically identify provide audit trail that trace the receipt,maintenance,and expenditure
ofstate f
i
b) Accowting records t adequately identify sources and application of fiWs for all gmt activities and must classify and idenffy
grant finds by using budget categories that were approved ire the grant application If ntee's accounting system
accurrulates data in a diflerent fbanat than the one in the grant application,subsidiary orris must document and reconcile
amounts shown in the Grantee's accounting records to those arrounts reported to ion
c) An interest-bearing checking account or accounts in a state or federally chartered institution maybe used for revenues and expenses
described in the Scope of ark mid detailed in the Estimated Project BudgcL
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d) The name ofthe account(s)must include the grarit award nurnber;
ca
e e's accounting records t have effective control over and accountability for all ,Prop other assets;and 2
06
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Accourft records t be supported by source docurrientation and be in sufficient detail to allow for a proper pre-audit post-
audit(such as invoices,bills,and canceled checks). N
7. Avails °lity of Funds. The State of Flo ` 's performance and obligation to pay under this Agreenientcomirigent upon an annual W
appropriation by Florida Legislature,or die United States Congress in the case ofa federally fimded gram In the event that the state or
federal kinds upon which this Agreement is de ern are wfthdrawn,this Agrecrwrit will be automatically tenvirmted and the Division shall
have no firther bbility to the Grantee,beyond those amounts already released prior to the tertirination date.Such termination will not affect
the responsibility ofthe Grantee under this Agreement as to those finds previously distributed. In the event ofa state revenue shortfall,the -J
total grarit niay be reduced accordingly.
2 . Independent Contractor Status of Grantee. The Ciranice,if not a state age tlt its officers,a@=and ernployces,in
performance of this A e nt,shall act in the capacity of independent contractors and not as offirers,agents,or ernployces of the state.
Grantee is not entitled to accrue any benclits of state employment, 'including retirernantbenefits and any odor rights or privileges
co to en-ployrrrm by the State of Florida-
29. Grantee's Subcontractors. ee shall be responsible for allAurk perfortried and all expenses incurred in connection with this
Agreement.The Grantee may subcontract,as necessary,to pe services and to provide commodities required by this Agreerriont.
The Division shag not be liable to any subcontractor(s)for any expenses or liabilities under the Grantee's s co ct(s),
Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its co ct(s).The Grantee must take
do necessary steps to ensure that each of its subcontractors will be deemed to be'independent contractors"and will not be considered of
penritted to be agents,servants,joint ventures,or partners of the DivisiorL
30. liability. The Division will not assume any liability for do acts,omissions to act,or negligence oC the Grantee,its agents,servants,or
employees; r may the Grantee exclude liability for its own acts,omissions to act,or negligence,to the Division.
a) 'The Grantee shall be responsible for clairm of any nature,including but not limited to injury,dcadr,and property damage arisingout of
activities related to this Agreemont by the Grantee,its agents,servants,ernployees,and subcontractors. e,other than a
Grantee wlr h is the State or the State's agencies or subdivisions,as defined in Section 76 .29,Florida Statutes,shall indemnify
hold die Division harmless from any and all claim ofany nature and shall investigate all such claim at its own expense.I fthe Grantee is
governed by Section 768,28,Florida Statutes,it shag only be obligated in accordance with that Section.
0
b) Neither state nor any agency or subdivision of the state waives defense ofsovere° ` ,or increases die lin-itsof its
liability,by entering into this Agreement.
c) The Division shall not be liable for attorney ,i iterest,late charges or service kes,or cost ofcollection related to this Agreement,
) Me Grantees be responsible for all work performed and all expenses incurred in connection with the Project e may
subcontract as necessary to perform die services set forth rt,including ergerig into subcontracts with vendors for
services and co d'` provided t it is understood by the Grantee dmt the Divisions ll not be liable to the subcontractor
for any expenses or liabilities er the subcontract that die Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under die subcontract. CL
31. Strict ConilAiance®nit cis.Mic Grantee shall perfonnall acts required by"Agreement insirict conibmityvvith all applicable laws
and regulations of the local,state and federal law.
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32. No Discrimination. T'he Cirarke may not discrirninatea t any ernployee enployed under this Agreement,or against any applic for
ernployrnent because of race,color,re° ° R gender,national origh age,pregnancy,ImMicap or mmital status.lbe Grantee shan insert a
sinilar provision in all of its subcontracts for services under this Agreement.
06
33. Breach of Agreement The Division will de ofgrant fimds already received, withhold subsequent payrnents, or 0.
0
will terminate this a rrnnt if die Grantee 4roperly expends s grant firnds,farts to prepare,preserve or surrender recordsN
required by this Agreerrent,or otherwise violates this Agreement. _
3 . Tennination of AgreenienL
0
a) Termination by the Division.The Division will terminate or end this Agreernent ifthe Grantee fails to M its obligations herein. In
such event,the Division will provide the Grantee a nofice of its violation by letter,and slap give the Grantee fifteen(15)calendar days
from the date of receipt to cure its violation- If the violation is not cured within the stated period, ion wig terminate this
Agreemit The notice of ° ladon letter shall be delivered to the Grantee's Contract Manager,personally,or niailed to hMrr
specified address by a n-ethod dot provides proofofreceOL In die event that the Division tcrninates this Agreenient,the Grantee will W
be conpersated for any work co feted in accordance with this Agreernent,prior to the nodfication of tennination,if fix Division
0
dee re table under the c° es. Grant fmds previously advanced and not expended on work co feted is
accordance with this Agreeffent:shall be returned to the Division,with' eres%within ' (30)days after tenyfmfion of this
Agreen-crit. The Division does not waive any of its rights to additional ,if grant finids are returned under this Section
b) Termination for convenience. The Division or the Grantee may terminate the grant in wlxrle or inpast When both parties agree that
the conffivatiDn of die Project would not produce beneficial rcs&s cornmansurate with the firther expenditure of firds, The two 0
parties will agree upon the tennination conditions,including the effective date,and in file case ofpartial terminations,the portion to be
terminated. 2
c) Tennination by Grantee. The Grantee tray unilaterally cancel the grant at any titne prior to the first paymont on the grant although
rn trust be notified it writing prior to cancellation, After the initial payrrent,the Project nmy be ternrinated,modified,or
arnended by die Grantee only by mutual agreerrent ofthe Grantee and die Division. Request for termination prior to coripletion rrmt
fik detail die reasons for the action and the proposed disposifion of die o leted work. _
35. Preservation of Reniedles. No delay or o ° son to exercise any right,power,or remedy accruing to either party upon breach or
violation by either party under this Agreerrent,shall irrpair any such right,power or re y ofeither party,nor shall such delay or omission
be construed as a waiver of any such breach or defy or any sirnilar breach or default.
36. Non-Ass i nt of Agree tnent. The Grantee nnay not assigR sublicense nor otherwise transfer its rdTls,dutics or obligations under this
Agocerrent without the prior written consent of Hie ° ° nq which consent shall not unreasonably be withheld. 'll agreernent h-ansferee
mist demonstrate co a with d of the Project If the Division approves a transter ofthe Grantee's obligations,the _
Grantee shall re in liable for all work peribrmcd and all expenses incurred in connection v ' nt. In the event the L-cgislature
transfers the riJits,duties, obligations of die Division to another governrrental entity pursuant to Section 20.06,Florida Statutes,or
otherwise,the rights,duties,and obligations under this Agreerrent shaft be transErred to the successor gaverrmunial agoncy as if it was die
original party to this Agreernont.
37. RequiredProcurernent Procedures for Obtaining GoodsandServices. The Grantee shall provide maxinum open co titian win
procuring goods and services related to d -assisted project i7 accordance with Section 287.057,Florida Statutes,and 2 CFR 200,
as appropriate. CL
38. Conflicts of Interest The Grantee hereby certifics,that it is cognizant of the prolub`' n of conflicts of interest described in Sections
112.311 through.112.326,Florida Statutes,and a .dial it will not eerier into or maintain a business or other relationship with any m
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en-ployee of the DeparfinentofStatc that would date those provisions.In add'' n,no Cramee official,ernployee,or consultant who is
authorizod in his or her official capacity to negotiate,rrake,accept,approve,or take part in decisions regarding a cordract,subcontract,or
other agreernent in connection with a gram assisted project shall take part in any decision relating to such contract,subcontract or other
agreenm in which he or she has any fitmxial or other interest,or in which his or her spouse,child,parent,or partner,or any orgartization 06
in which he or she is serving as an officer,director,trustee,partner,or errployee of which he or she has or is rclptia' Trent
comeming eirploprent has such interest.Grantees shad avoid cirmustances.presenting the appearance of such conflict Fuxtherrrore,theN
spouse,child,parent,or partner of an officer,director,trustee,partner,or enployve of the gmntee shall not receive s —
specifically authorized in writing by the General Counsel for the Departinent of State to avoid a potential violation of these statutes.
39. Binding of Success u enrnt shall bind the successors,assigris and legal representatives oftle Grantee and ofany legal entity
that succeeds to the obligations ofthe Division of Historical Resources.
4 . No Employnient of Unauthorized Aliens. The enployrrent of unauthorized aliens by the GrarAee is considered a violation of Section
274A(a)of the InTrigration ard Nationality Act.If the Grantee knowingly caploys unauthodwd alms,such violation shaft be cause for
unilateral cancellation ofthis Agreernent.
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41. Severn `lity. If any tern or provision of nt is found to be illegal and uwnfirccable,the remainder rermin in kill force and
eflkt,and such term or provision shall be deerred stricken.
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42. Armericans`rith Disabilities Act Allprograrns and facilities related to this Agreernent must nuct the standards ofSections 553.501-
553.513,Florida Statutes,and the Arnericansb '' Act of 1990 as arrended(42 U.S.C. 12101,et seq.),which is
incorporated herein by reference.Add'' rally,die use of federal fisxis to improve public buildings,to finance services or pry
contained in public builditigs,or aher arry building or facility ed in whole or in part with Federal finds(except privately owned >
residential structures),requires compliance with do 1990 Arnericans with Disabilities Act( A),Section 504 of the Rehabilitation Act of
1973,and the Architectural Barriers Act(ABA).Work done to alter the property should be in conpliarce with all applicable regulations
and guidance.
43. Governing Lam This Agreerrent shall be construed,perlbriTed,and enforced in all respects in accordance with the Laws and rules of
Florida.Venue or location for any legal action arising under this Agreement will be in Leon Couity,Florida.
44. Entire rec nt. 'Ihe entic Agrerrent ofthe parties consists of the following doe nts:
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a) This Agreernent.
b) Fstitnated Project Budget(Attac nt A)
c) Single Audit Act Requirerrents and&hibit I(Attac rit 13)
) Federal Special Conditions(Attachwnt C)
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In acknoWedgnient of this grant,provided from funds appropriated in the Florida FY 2019-2020 General Appropriation Act and
Federal Continuing Appropriations Act,2017,P.L 115-123 and by an Emergency Supplemental Historic Preservation Fund Grant
from the NPS,I hereby certify that I have read this entire e nt,and rill comply with all of its requirements.
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0.
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Departimni ofState; e: N
By.
Dr.Trrok A Parsons,Division Director Authorizig Official for the Grartee
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Dale Typed nanr.and title
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Date
2
MONROE COUNTY ATTORNEYS OFFICE <
APPROVED AS TO FORM
t _ a—
""'�SSISTANT COUNTY
ATTORNEY
DATE: ® '
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ATrACUMENTA
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0.
Estininted Project Budget 0
Description Grant Funds Cash Match In Kind Match
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Repair!'replace roofing system of Lighthouse Gift Shop $80,112 $0 $o
Repair,rep lace roofing system of Lighthouse Keeper's Quarters $48,820 $0 $0
..........
NRHP Listing Update $10,000 $0 $0
0
4-
Totals $138,932 $0 $0
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ATTACEMENTB
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FLORIDA SINGLE AUDIT ACT REQUIREMENTS
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AUDIT REQUIREMENTS
The administration of resources awarded by the Departmertof State to y be subject to audits or triankoring by the -J
Departinerd of State as described in this Addendumto die Grard Award Agreement.
MON110MG
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In addition to reviews ofaudits conducted in accordance with 2 CM 200,Subpart F-Audit Requirernards,and section 215.97,Florida Statutes
(F.S.),as revised(see AUDITS below),monitoring procedurcs rnay include,but not be limited to,on-site visits by Department ofState stale
limited scope audits as defined by 2 CFR§200.425,or odrr procedures,By entering into nt, ipnt agrees to cornply and
cooperate with nito °ng procedures or processes des appropriate by die Departrnerd of State.In ft event the Deparawnt of State
deternim that a limited scope audit of&reci icnt is appropriate,the recip rd agrees to corrply with any additional instructions provided by
Department of State staff to the recipient regarding such audiL The recipient further agrees to conply and cooperate with any inspections,reviews
investigations,or audits deerned necessaryy the ChiefFinancial Officer(CFO)or Auditor Geneml. >
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Part I:Federally Funded
This art s applicable-if rec' rrt a state or al ve nt or a nonprofit o tion as defined in 2 C _
P° PP §200.90,§200. ,
§200.70.
1. A record that expends$750,000 or rnare in federal awards in its fiscal year nizt Imvc a single or prn specify audit conducted in
accordance with the provisions oft CFR 200,Subpart F-Audit I to this agreenurd lists the federal resources
awarded dirouji dw Depariairrit of State by this agreemard.In ete l awards expended in its fiscal year,the recipientshall
consider all sources of federal awards,including federal resources received from the nt of State.The determination of is of
federal awards expended should be in accordance with die guidelinesestablished in 2 CFR§§2 .502-503.An audit ofthe recipient
conducted by die Auditor General in accordance with the provisions oft CFR§200.514 wig rnect the requiornords of '.Part.
2. For the audit requirernents addressed in Part 1,paragraph 1,d recipient shall Will the re relative to auditee respomibilitiQs as
provided in 2 CFR§§200.508-512.
3. A recipient dot expends less than S750,000 in federal awards in its fiscal years not required to have an audit conducted in accordance
with the provisions oft CFR 200,Subpart F-Audit Requirements.Ifthe recipient expends less dun S750,000 in federal awards in its
fiscal year and elects;to have an audit conducted in accordance with the provisions oft CFR 200,Subpart F-Audit Requirements,
cost of the audit rriust be paid from n-federal resources(Le.,die cost ofsrah an audit inist be paid from reCipied reso es obta d
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from other than eral entities).
The Irdemet web addresses fisted below will assist recipients in locatingdocuiarrits referenced in the text ofthis a e nt and the interpretation
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ofcoupfiance issues.
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U.S.Goverruncra Printing Office wi►nv.ecfr.gov
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Part :State Funded 0.
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This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S.
1. In the evert that the recent expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such
y
rec' ° (for fiscal Wars ending June 30,2017,and thereafter),the recipient must have a state single or project-specific audit for such fiscal
year in accordance with section 215.97,F.S. Chapter 691-5,F.A.C.,State Financial Assistance;and Chapters 10.550(local
govenurontal entities) 10.650(noryprofit and for-profit o ns),Rules of the Auditor General.EXHIBIT I to this agreement lists
the state financial assistance awarded through the Deparawni of State by this a nt In determining fix state financial assistance
expended in its fiscal year,&recipientshall consider all sources ofstate financial assistance,including state financial assistance received
m die Departmont of State,other state agencies,and othrr nonstatc entities. State fir=ialassistance does not include federaldirect or
pass-through awards and resourcesreceived by a nonstate entity for federal program inatchingreq `
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2. For the audit requierrents addressed in Part 11,paragraph 1,the recipicil shall ensure that the audit cornplics with the requirerrients of
section 215.97(8),F.S.This includes subrnission of financial reporting package as defined by section 215.97(2),F.S.,and Chapters
10.550(local governnuntal )and 10.650(nonprofit ard for-profit organizations),Rules ofd Auditor General
3. If die recipient expends s than 5750,000 instate financial assistance in its fiscal year(for fiscal years ending June 30,2017,and 0
thereafter),anaudit conducted inaccordance wiflithe provisions ofsec' n 215.97,F.S.,is not required.Ifthe recipianit expends less than -ru
$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section
215.97,F.S.,the cost oftho audit must be paid from the rstate entity's resources(ic.,the cost of'such an audit must be paid from the
racip° 's resources obtained firom other than state entities).
The Internet web addresses listed below will assist recipients in locaft docurnants referenced in the text ofthis agreemant and die interpretation
ofconpliance issues.
State ofFlorida Departrnent ofFinancial Services(ChiefFinancial0 er)
1 J"�vtv, acf�iwcnr>�
State of Florida Legislature(Statutes,Legislationrelating to the Florida S° Audit Act)
hunj/m,WW. ,state'I
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Part III: Report Subtrission
1. Copies ofreporting packages for audits conducted in accordance with 2 CFR 200,Subpart F- rats,and required y Part
1 of this a nt shall be submitted, n requirud by 2 CFR§200.512,by or on behall'ofthe recoient directly to each of the following:
A. The Departrnent of State at each of the Mowing' sses:
Office ofInspector General
Florida p nt of State
A GrayBuilding
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500 South BronoughSt.
Tallahassee,FL 323 -0250
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B. The Federal Audit Clearinghouse(FAQ as provided in 2 CFR§200.36 and§200.512
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FAC's webske provides a data entry system and required fo for submitting the single audit reporting packagc.Updates to the 2
location of the FAC and datae tem y be found at the OMB website. 06
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2. Copies of financial reporting packagesby Part II of rd shall be submitted by or on behalfofthe recoientto rn
each of the following
A. The Departircritof State at each ofthe following addresses:
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Offre ofinspector General
Florida nt ofStatc
P,X Gray Building
500 South Bronough SL
Tallahassee,FL 323 -0250
B. The AuditorGeneral's Office at the following address:
Auditor General
Local Govcn=nt Audit042
Cbude Pepper Buiding Room401
111 West Madison Street
Tallahassee,Florida 32399-1450
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The AuditorGeneral's websrte provides instructions for filiqg electronic copy of a firiancial reporting
package.
3. Any reports,rnanagement letters,or other iribmution required to be subinitted to the Departrnent of State pursuant to this agreement shag
be submitted tirnely in accordance with 2 CFR§200.512,section 215.97,F.S.,and Chapters 10.550(local governmental entities)
10.650(nonprofit for-profit organizations), s of Auditor rah,as applicable. —
4. Recipients,when subrnitthg financial reporting packages to the Department.of State for audits done in accordance with 2 CFR 200,
Subpart F-Audit q ° ,or Chapters 10.550(local governmental entities) 10.650(nonprofit and for-profit o Lions),
Rules ofd Auditor General,should indicate the date that the reporting cka was delivered to the reciprit to correspondence
accorrpanying the reporting package.
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Part W. RecordRetention
The recipient shall retain sufficiont records derronstrating its cornpfiance with the term of the award(s)and this agreement for a period of five
years from die date audit report is issued,and shall allow the Department ofState,or its designee, CFO,or Auditor General access to
such recordson request.11w recipient shall ensure that audit working papers are rmde available to the Departmant of State,or its designee,the
CFO,or Auditor General n request fora period of at least three years date die audit report is issued,unless extended in writing by
the nt of State.
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FEDERAL06
ESO AWARDED TO THE RECIPIENT PURSUANT TO TWS AGREEMENT CONSIST OF THE 0.
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Deparmrrit of the Iraerior,Nationial Park Service,Errurgmicy Supplerruntal Historic Preservation Fund,Hunicaries Harvey,Inns,and Marls
Recovery,CFDA 15.957.$138,932
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COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS
AGREEMENT ARE AS .
As contairied in 2 CFR Part 200 Uniform Adninistrafive ReclurientrAs,Cost Principles,and Audk Requiremends for Federal Awards and the
Historic Preservation Furd Gram Mamial
STATE RESGUR AWARDED TO THE RECIPIENT PURSUANT TO IMS AGREEMENT CONSIST OF THE
FOLLD—WING,
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MAT G R ESO FEDE L P R 0 G R A M Se
Not applicable.
SUBJECT SECTION 215,97._ R. A 5TA
Not applicable,
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COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RE SOURCES AWARDED PURSUANT TO IMS AGREEMENT
E AS .
Not applicable.. Lm
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ATTACHMENT C
FEDERAL ca
SPECIAL CONDMONS
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FOR EMERGENCY SUPPLEMENTAL
HISTORIC PRESERVATION FUND GRANT SUBRECIPIENTS
In addition to the terms conditions contained in this Agreemant,the following federal special conditions apply to Crartee,as a Subrecipicrit of y
Emergency Supplemental Historic Preservation Fund,Hurricanes Harvey,I cove National Park Service
(NPS):
I. Insuirrince and Unhility.
a) Ins umnce.The Subrucipicrit shall be required to(1)obtain liabiEly insurance or(2)demonstrate present financial resources in an
amount determined sufficient by the Governmentto cover chirns b by third panics for death,bodily 4ury,property ,or
other loss resulting m one or more identified activities carried out in comrctiDn with this firiancial assistance agreement.
b) Insured.11v federal government shall be named as an additional insured under the 5 recipient's insurance policy
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c) Inderrinification.The Sub recipient hereby agrees to' e fy the federal govemment or NPS from any act or onvission ofthe
Subrecipient,its officers,employees,or(numbers,participants,agents,representatives,agents as appropriate),(1)against ' party
claim for damages arising from one or mare idertified activities carried out its connection with this finaricial assistance agrearrent arid
(2)for damage or loss to nt property such an activity.11iis obligation shall survive the termination of this
Agreen-crit. 0.
The Subrecipent hereby a
To purchase public and employee liability insurance at its own expense from a responsible company or companies with a minitrun
linitation ofane►billion dollars tS 1.WA QM per person for any one cla° an aggregate limitation oftlrree n har dollars —
0,000.000)for any nurriber ofclairns arising from any one incident.The policies slug United States as an additional
shall specify that de insured shall have ol'subrogation against the United States for payments of any premiums or
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deductibles die thereunder,and shall specify fliat the insurance shall be assumed by,be for the account of�and be at die insured's solo
risk.Prior to beginnirig die vmrk authorimd herein the Subrecipient shall provide the NPS with co tion of such insurance
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To pay die United States the BA value for all damage to tie lands or other property oftle United States caused by the Subrecipient,its
officers,employees,or representafives,
To provide workers'compensation protection to die Subrecipient officers,ernployces,and rep
To coopemte with NPS in the investigation and dekme of wry claim t may be filed with NPS arising out of the activities of the
Subrecipnt,its agunts,and cirployee&
In de evert ofdamage to or destruction ofthe buildirW and facilities assigned for the use oftle Subrecipient in► le or in part by any a
cause whatsoever,mdft herein contained shall be deemed to requie NPS to replace or repair the buiklmgs or facilities.If NPS
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detennines in wdft after consultation with the Subrecoient that damaW to the buildings or portions thereofrenders such buildings z
unsuitable for continued use by the Subrecipiurit,NPS shall assom sole control over such buildings or portionsr thereof Ifthe buildings
or facilities rendered unsuitable for rise are essential for conducting,operations authorized under this Agreement,then fall to m
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substitute assign other facilities acceptable to the Subrecipient will constitme tennination ofthis Agreenneritby NPS.
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Flow dofm For purposes of this clause,Subrecoient includes such contractors,or subcontractors as,in thejudgnnent of the 2
Subrecipient and subject to dw Governtrent's deterMmdDri of ,have sWkiant resources or rraintain adequate and 06
appropriate insurance to achieve purposes of this clause. 0.
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2. The Secretary of die Interior armi the Corrptroficr General of die UnitedStates,or their duly authoriod representatives, have access, _
for the purpose of financial or pro tic review and exarrimtion,to any books,docurnents,papers,and recordst are pertinent to
the rt at all reasonable tirnes during the period ofretention in accordance with 2 CFR 200.333.
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3. Property UtiRzatiort. took,equiprnent,and facilities by NPS will be on a loan basis.Tools,equiprient and facilities will be
returned in the sanr condition received except far norinal wear and tew in project use.Property rnanagarnent standards set fa in 2 CFR
200.310 through 200.316 apply to .
4. OMB Circularsand Other Regulations.11m Mowing federal regulations are incorporated by reference into this Agmernant(fib text °t
can be found at I wtvw.ccl` s).
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a) Adninistrative euiret nts:
2 CFR Part 200--Uniform Administrative Requirements, Cost Principles,iples,and A udif Requirementsfor Federal Awards, in its
entirety;
Detennination of Alloiiiable Costs:
2 CFR,Part 2 --Un forrn Administrative Requirements, Cost Principles,and Audit Requirements far Federal A wards, >
Subpart E
c) Audit eqi ts:
2CFP,Part200= Uritforyn Adrrtltristralive Regt►irenrettts, Cost Principles,artd Airdit Regt►irenrerrts for Federal Attar°ds,
Subpart F.
) Code of Fede ral Regulations/Reguilatory Require rue nts:
2 CFR Part 182&1401,` rt- ' e Requirenunts fora Drug-rree Workplace''; �
2 CFR Part 180&1400,'Non-P ns Debanrent and Suspension';pre ` usly located at 43 CFR Pan 42,'Govervirrent
wide Debam=and Suspension o roc nt)',
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43 CFR 18,'New Restrictions on Lobbying',
2 CFR Part 175,'Trafficking VictimProtection Act of 20 `
FAR Clause 52.203-12, Paragr-aplis(a)and(b),Linitation on Payrrents to ln&x=e Certain 1`ederal Transactions; i
2 CFR Part 25,System for Award M nt(v .S v)and Data Universal Nuribering System S);and
2 CFR Part 170,'porting'Wporting Subawards and Executive Conipensatiorf.
5. Non-Discrininatioit.All activities pursuant to dtk Agreeffent shall be in conpliance widi the requirements of Executive Order 11246,as
ed;Title V1 ofthe Civil Ri Act of 1964,as arnended,(78 Stat.252;42 U.S.C.§§20 d );Tide V,Section 504 of
Rel,ribilitation Act of 1973,asan-ended,(87 Stat.394;29 U.S.C.§794);the n Act of 1975(89 Stat.72 ;42 U.S.C.
§§6101 .);and with all other federal laws and rephtions prohibitingdiscrinination on grounds ofrace,color,sexual orientation,
_ .. _. . . .e . �.r�_.. _ . �..� _.. _.e�. ....... .�4 _ ._-----------
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mtional orign disabilities,religion,age,or sex.
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6. Lobbying Prohibition. 18 U.S.C.§1913,Lobbying Appropriated Mores no art of appropriated b e c nt of
Moneys, PY
Congress shall,in die absence of express aut1mrization by Congress,be used directly or indirectly to pay for any personal service, 06
advertisement,telegram,telephone,letter,pricited or written matter,or other device,intended or designed to influence in any manner a 0.
Member of Congress,a jurisdiction,or an official of arry gDvernment,to favor,adopt,or oppose,by vote or otherwise, a ' la° n,law, N
ra` ation,policy,or appropriatiom whether before or after the introduction ofarry bill,measure,or resolution proposing such legislation, —
law,mtification,policy,or appropriation;but this shall not prevent officers or ernployces of the United States or of its departircrits or
agencies from conyrimimfing to any such Members or official,at his request,or to Congress or such official, proper official
channels,requests for lc ` labor,law,ratifiration,policy,or appropriations which they deem necessary for the efficient conduct offlic
public business,or from making any conutinication.whose prohibition by this section migK in the opinion of die Attorney Gereml,violate
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the Constitution or interfere ` conduct of foreign policy,counter-intelligence,intelligence,or national security activities.Violations of
sectionthis shall constitute violations ofsection 1352(a)of title 31.In addition to the above,the related restrictions on die use of
appropriated finds found in Div.F, §402 ofthe Omnibus Appropriations Act oft 8(P.L. 110-161)also apply.
7. Anti-Deficiency Act.Pursuant to 31 U.S.C. §1341 nothing cottained in this Agreement shall be construed as binding the NPS to expend
in any one fiscal ytw any sum in excess ofa propr tans e by Congress,for the purposes ofthis Agreement for that fiscal year,or
other obligation for the further expenditure of imney in excess of such appropriations.
8. M inority Bus iness EnteMris c Developinent.Pursuant to Executive Order 12432 its national policy to award a fair share ofcontracts
to small and minority firms.MPS is s comyritted to dr objectives of this policy and encourages all recipients of its Grant Agreements
to take affhnativc steps to ensure such fairness by ensuing procurenront procedures carried out in accordance with the Execuive
Order.
2
9. Mernber of Congress.Pursuant to 41 U.S.C.§22,no Member of Congress shall be admitted to any share or part ofany co ct or
agreement made,entered into,or adopted by or on behalf of the United States,or to any benefit to arise d-creupon.
10. Agency.T3a Sub recipient is not an agent or representative of flie United States,the Departrwrit of the Interior,NPS,or the Park,nor will W
die Subrecipient represent itself as such to third parties.NPS employces are riot agents of the Subecoient and win not act on behalfof die _
Subrecipient.
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11. Non-Exclusive Agreement ris Agreement in noway restricEs die Subrucipient or NPS kom enterig into simlar a c E
or
participating in shilar activities or arrangements,with other public or private r ,o ns,or individuals.
12. Survival.Any and all provisions which by thernselves or their nature,are rcasonably expected to be pc&nTcd after the expiration or
termiriation ofths Agreemunt shall survive and be enforceable after the expiration or to tan of diis Agreenrent.Any and all liabilities,
actual or cortirgent,whirh have arisen d terim ofand in co Bari with this nt shall survive expiation or termination of
this Agreement.
1 . No Enploynient Relationship.This Agreement is not intended to arxi shall not be construed to create an en-ployment relationshipi
between NPS and Subrecipient or its representatives.No representative of Subre4icnt shall perform function or rnake any decision
properly reserved by law or policy to the Federal nt.
14. Foreign Travel.The Subrecoient shall conply with the provisions of the Fly Arnerica Act(49 U.S.C.40118). implementing
regLdations of the Fly America Act are found at 41 CFR 301 w,.10.131 through 301--10.143.
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15. Publications of Results of Studies.No party will unilaterallyis a joint publication without consulting other p n
does not apply to popular publications of previously pubWied technical matter.Pubbcations pursuant to this Ag=nrrA rmy be produced
ced
uindependently or in collaboration with others;however,in allcases.... proper credit ebe �n_t.o a as of se parties contribution to
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publication.In the event no agreement is reached concerning the manner of publication or interpretation of results,either party tray
publish data affer due notice and submission orthe proposed manuscripts to the other.In such instances,the party publishing
give due credit to cooperation but assume H responsibility for any statements on which there is a difference of op° ` n.
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16. Rights in Subrecipient must grant the United States of America a royalty-fte,non-exchisivv and irrevocable license to publish 0.
reproduce and use,and dispose of in any nunner and for any purpose without knitation,and to authorize or ratify publicatioR reproduction N
or use by others,of all cop ' ble rrnterial fast produced or corrposed under this Agreerrentby the SubrecipicM its employces or anyindividual or or concern specifically enployed or assigned tooriginate prepare such material. W
17. Retention and Access Requirentents for Records.All Subrccipicnt financial and programmatic records, doe ,
statistical records,and other -related records shag be nuintained and available for access in accordance with 2 CFR Part 200.333--
200.337 and the HPF Grants Manual.
1 . Audit Requirements
a) Non-Federal entitiest expend 5750,000 or mare duft a War in Federal awards shag have a single or pro cc audit
conducted for that year in accordance with the Sir&Audi Act Amendments of 199 (31 U.S.C.§7501 7507)and 2 CFR Part
200,Subpart F,which is available at h lfwuwccfr. v/c brrdtcxt idx?
Sllkfd6�l6 l7c _ 13eG6Sc 2S0 l�J sp2.f.2 _ ivfi
) Non-Federal entities that expend s than s750,000 fora fiscal year in Federal awards are exernpt from Federal audit requirements
far that year,but records must be available for review or audit by appropriate officials of the Federal agency,pass-through entity,and
General Accounting Office(GAO).
2
c) Audits shag be rnade by an independent auditor in accordance with generally accepted governrnent auditing standards covering
financial audits.Additional audit requirernzrAs applicable to this a found at 2 CFR Part 200,Subpart F,as applicable.
Additional` o tion on single audits is available Federal Audit Clearinjiouse at 1 Mi amiur.cersas.uv/
19. Procurement Procedures.It is a national policy to place a fair sham ofpurchascs with minorkybusiness fi=.The Departimni of the
Interior is strongly cornnitted to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take
affinnative steps to ensure such fairness.Posithu efflorts shall be nude by recipients to urilim small bus' d firrm,and
womads business enterprises,wherever possible.Subrecoients of Federal awards shall take all of the following steps to kffthor this goaL
a} Ensure that small businesses, rity-owned firrrs,and worreds business enterprises are used to die fifflest extort prat` ble.
b) Make information on fofflroming opportunities available and arrango time liurnes far purchases and contracts to encourage
facilitate p a' n by simll businesses, -owned ,and womeris business enterprises.
c) Consider in the contract process ticr firms compeft for larger contracts intend to subcontract small businesses,minority-
owned ffirs,and worneds business enterprises. ¢i
Encouragecontractingwithconsortiurrs ofsmallbusinesses, minority-owned firms and worreds businessenterpriseswhena contract
is too large for one ofthese firrns to handle individualby
e) Use the services and assistance,as appropriate,of such organi2ations as die Srmfl Business Developmont A4pncy in dr solicitation CL
utilizationand ofsmall business,minority-owned farm and worneds business enterprises.
20. Prohibition on Test Messaging and Using Electronic Equiprnent Supplied by the Goverriment r`Irilc Driving.Executivu Order m
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13513,Federal Leadership On Reducing Text Messaging While Driving was signied by President Barack Obarra on October 1,2009.
This Executive Order introduces a Federal nt-wide prohibition on die use of text ruessaging while driving on official business or
while using at-s p' d c nt.Please adopt and enforce policies that imudiatelyb text unessaging while driving 2
co or rented vehicles, nt-o or leased vehicles,or while driving privately-ownedvehicles when on official 06
govurnrrent business or when perforning any work for or on behalfofthe gDverrirnent.
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21. Seat Belt Provision.The Subrecoient is encouraged to adopt and enforce on- job seat bek use policies and program for their -
eirployces when operating co d,rented,or personally owned vehicles-Tl=e as e,but are not lirrited to,
conducting education,awareness,and other appropriate pro@arns for theire to s about the irnportance of wearing seat belts and ft
consequences of not wearing them
22. TmMeking in Persons.This term ofaward is pursuant to paragraph( of Section 106 of die TraffickingVictinis Protections Act of
2000,as anrnded(2 CFR 175.15).
a) Provisions applicable to a recoient that is a private entity.
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1. The Recipient,its crrployces,Subrecipients under this award,and S recipients'e s rnay not-
Engage in severe fonns of trafficking in persons during the periodof tffm that d award is in effect; CD
ii> Procure a conurreiai sex act during the periodof firm that the award is in effect or
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iii. Use forced labor in the perfornunce oftho award or suba%vads under the award.
2
2. The Federal awarding agency tnay unilaterally tic to this award,without penalty,ifRecipient or a Subrecoient that is a private
entity-
Is deternined to have violated a prohibition in paragraph a°I of this award tem or
ii. Has an criployce wIn is deterained by die a official authorized to to tic die award to have violated a prohibition in
paragraph a.I ofthis award terni diroudi conduct that s eider.
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a. Associated with perfornance under this award:or
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. f u ted to Recipicnt or the Subrecipient using the standards and due process for inputing the conduct of an individual to an 0
organization that are provided in CFR part 180,'UMB Guidelinesto Agencies on Govcnmnt wide Debannnent and
Suspension(Non-Proc nt),"as iruplornented by our agency at 2 CrR part 1400.
) Provision applicable to a Recipient other than a private e Federal awarding agency rnay milaterally to to the award, i
without penalty,ifa Subrecoient that is not a private entity-
1. is detenrined to have violated an applicable prohibition in paragraph a.1 of this award ternX or
2. Has an enployee who is dete by the aWncy official authorized to to to the award to have violated an applicable
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probbition in paragraph a.1 ofths award term through conduct that is either:
i. Associated with peffortrance under this aaa ;or
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ii. 1 tied to the Subrecipient using standards and due process for 4ufng ific conduct ofan individual to an orgmi2ation
that are provided in 2 CFR 180,"OMB e' s to Agencies on Governrimm wide Debarmont and Suspension
(Nv ro ),"as irnplerrented by our agency at 2 CFR part 14
0.
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c) Provisions applicable to any recipieriLN
1. You must inrorm us innnediately of any information you receive fiom any source allegirig a violation ofa prohibition in paragraph —
a.l of this award to
2. The Federal awarding agancy right to terminate unilaterally that is downbed in paragraph a.2 orb of this section:
i, Inplernents section 106(g)ofthe Trafficking Victirris Protection Act of2000 A),as arrended(22 USC§71 ),and J
ii. Is in add`` n to all other remedies for nonconipliance that are available under this award.
3. Recipient t include the requirerrents.of paragraph a.1 of . award tenn in any subaward nude to a private
Definitions.For pLaposes ofthis award tenn
either:
i. An individual employed by Recipient or a Subrecoicrit who is engaged in the perforriv=c of the projector program under dis
awards;or another person engaged in the perfonrance ofthe project or progiurn under dds award and not conpensated by
Recipient or Subrecipient including but not linied to,a vokinteer or WWtml whose services are contn'bued by a third party
as an in-kind cortribution toward cost sharing or matching req '
2. "Forced labormeans labor obtained by arty of die following tlds: The recruitment, v ` n,provision,or . .
obtaining of a person for labor or services,through die use of force, Ea4 or coercion for the purpose of'subjection to involuntary
servitude,peonage,debt bondage,or slavery.
3. "Private e . —
i. Any entiy other otherdian a State,local gove Indiane,or foreign public e ' ,as those terms am defined in 2 CFR
0
175.25;and includes:
a. A nonprofit orgariiiation,including any nonprofit institution offigier education,hospital,or tribal organinition other dun one
included in the definition of Indian e at 2 CFR 175.25(b).
. A for-profit organitation.
4. "Severe fa of trafficking in persons,""co real sex acl"and"coercion"have die rivanings given at section 103 of ¢i
TVPA,as amended(22 USC§7102).
23. Recipient Employee debloi%er Rights and Require nwnt to Info Inforin Employees of tleblorrer Rights.
a) This award and employees on this financial assistance agreement be subject to the whistleblower ° is and remedies in
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die pilot program on Award Recipient c"loyee wlhistleblower protections established at 41 U.S.C.§4712 by section 828 of
National D&nse Audiorization Act for Fiscal Year 2013(Pub.L 112-239).
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b) The Award Recipient sbaU infonn its ernployees in writing,in the predo ge of workforce,of to bb r
ri�hts and protections under 41 U.S.C.§4712.
c) The Award Recipients ll insert the substance of this clause,including this paragraph(c),in all subawards or subcontracts over
0.
sirrpMed acquisition dmhold,42 CFR§52.203-17(as referenced 2 CFR§3.40 ).
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24. Conflict of Interest
a) Applicability.
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i, This section hends to ensure thatnon-Federal entities and thek enployces take appropriate steps to avoid conflicts of` erest in
their resporsibilitics under or%vhh respect to Federal finxial assistance agreernents.
ii. Inthe procurerrent ofsupplics,equipnient,construction,and servi=sbyrecoients and bysubrecokiz,the coriffictofinterest
provisions in 2 CFR 200.3 18 apply.
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b) Requirements
i. Non-Federal entities rrust avoid prohibited confkts of interrst,inickiding any significant financial interests that could cause a CD
reasonable person to question die recipicnes ability to provide irrpartial,technically sound,and objective e under or
with respect to a Federal !assistance agreerrent.
ii. In addition to any other prohibitions dot Tray apply with respect to conflicts of"interest,no key official ofan actual or proposed
recipient or subrecoient,who is substanflially irmlved in the proposal or project,rnay have been a fo r Federal ernplo3ce
within die last o (1)year,participated personally and substantially in the evalixition,award,or admiriistration ofan award
respect to that m4icnt or subrecipient or in develop nt of nY leadirig to the fitriding announcement.
iii. No actual or prospective recoient or subrecipient y so° k ob ` or use non-public infonriation regarding the evaluation,
award,or adninistration of an award to that recipient or subrecipient or the dcvep nt of Federal iinancial assistance —
opportunity that troy be ofconVetitive interest to that recipient or subrecoient.
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c) Notification
i. Non-Federal entities,inclucling applicants for firiancial assistance awards, t disclose in writing any conflict ofinterest to the 1
awarding agency or pass- c in accordance with 2 CFR 200.112,Conflicts of Interest,
ii. Recipients mast establishinternalcoritrolsthat include,atarninhinA proceduresto identify,disclose,and rnifigute orelvinate
ideniffied conflicts of interest.Tlic recipient is responsible for mfifying the Firiamial Assistance Officer in writirig ofany conflicts of
interest that may arise duzig the fife of the award,including those that have been reported by subrecipients. i
Restrictions on Lobbying.Non-Fedcrrl entities are strictly prohibited from usingunder or cooperative agreement for
lobbying activities a t provide the reqLited certifications and disclostres purstot to 43 CFR Part 1$and 31 U.S.0 1352.
e) Review Procedures.11he Financial Assistance Officerr exanine each conflict of interest disclosure onthe bass of its particular
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cts and the rraftirc of the proposed gum or cooperative agreernent,and will detenyinc whether a s` potential conflict exists
if it does,develop an appropriate means for resolving it.
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fyEnfomenmnL Failure to resolve conflicts ofinterest in a numer that satisfies the Goverturent traybe cause for ternination of
award.Failure to nuke required lscb y result in any ofthe re=chesdescribed it 2 CFR 200.339,Rernedies for
Nonconpliance,including suspension or deb nt(see also 2 CFR Part 180).
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25. Mininmm Wages Under Executive Order 13658(January 015) 0.
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a) fr,ritions.As used in this clause—
'United Statcs"ttrans the 50 states mid the " t ofCo
'Workee'--
Means any person engaged in perforining work on,or in connection with an agreen=covered by Executive Order 13658,and
L Whose wages under such agreerrents are governed bytheFair labor Standards Act(29 U.S.C.chapter 8),the Service
Contract Labor Standards statute( 1 U.S.C.chapter 67),or d Wage Rate Requiretnonts(Constriction)statute(40 U.S.C.
chapter 31,subchapter
. Other dun indhiduals cryployed.in a bona e executive,adirinstratiw,or professional capacity,as those tents are deffird in
29 C.F. §541,
tu. Regirdimofd-econtractmiretafiDnship alleged to exist between the individual and the virployer.
2
2. Includes workers perfortykC on,or in connection with the awhose wages are calculated pursuant to special cerf&ates
issued cr 29 U.S.C.§214(c).
3. Also includes any person working on,or in connection with,die agmenrit and individually registered it a bona fide apprenticeship
or training program registered with the Deputnunt of Laboes ETloyrmnt and Trainingtion,Office of Apprenticeship,
or with a State Apprc ° es ° ognized by die Office ol'Apprenticeship.
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) Executive Order Minimum Mage role.
1. The Recipient shall pay to workers,while perforn-ing. United States,and peribnning on,or in connection vhth,this agree agreernent, W
ahourly wage rate ofS10.10 per hourbe ° January 1,2015.
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2. Recipient sliall adjust the trininm wage paid,if necessary,beginnirg January 1,2016,and annually thereafter,to rrect the
Secretary ofLabor's wage.The Adrninistrutor ofthe Dcpm=ttofLabor's Wage and Hour ° ° (the
Adnilistrator)will publish annual detenninations in the Federal Register no later than 90 days before effective date ofthe new
E.O.ruininm wage rate.The Adninistrator will also publish the applicable E0. on www.wdoL v(or any
succmsor Web sac)and on all mW deterininations issued under die Service Contract Labor StaWards statute or die Wage Rate
(Construction)staride.The applicable published E . is incorporated by reference irAo this
agreement.
i. The Recipient nmy request a price adjustrimrit only afler the effective date ofthe new annual E . wage detennirmtion.
Prim wig be adjusted only if labor costs increase as a result ofan increasein the annual E.O. for ..
associated labor costs and relevant suba%vard costs.Associated labor costs shall include increases or decreases that result kom
changes in social security a nt taxes and workers'corypensation insurance,but will not od-erwise include
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amount far general and administrative costs,overlmad,or profiL
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i. Subrecipients rnaybe ertftW to adjus nts due to the now mirirrumwagc,pursuant to paragraph(b)(ii),Recipienis shall
consider any Subrecipient requests ibr such price adjusawnt. 06
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The Awurding Officer will not adjust the agrecirent price er this clause for any costs other than those identified in paragraph v,
(b)(iii)(1)of this clause,and will t provide duplicate price adjustments with any price adjusurent under clauses irriplernentingStlr ervice Contract Co ct Labor Standards statute or the Wageto Requirennards(Construction)statute.
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iv. The Recipieritt the prices in this agreement o not include allowance for any contiVncy to cover increased costs
for which adjustment is provided under this clause.
V. Reserved
v i. Reserved �-
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vh. The Recipient shall pay,unconditionally to each worker,allwagzs due fte and clear without subsequent rebate or kickback.
The Rccoimu rray make deductions dirt reduce a worker's wages below the E . rate ordy if done in C
accordance with 29 C.F. § 10.23,Deductions.
viii, The Recoient shall not discharge arry part of its ninirrurnwage obhgation under this clause by f nefits or,with 0
respect to workers whose wages are 1pvcnwd by the Service Contract Labor Standards statute,the cash equivalent thereof
2
iX. Nothirig in this clause shall excuse die Recoiant frorriconipliance with applicable Federal or State prevailing wage law or
any applicable law or marticoal ordinance csta ` a rninimum wage hiftr than die EO.rnirinm wage.However,wage . .
increases under such other laws or nufcoal ordinances are not subject to price adjustrrent under this subpart.
x. The ient shah pay d E .niim=wage rate whenever it is higher r applicable collective bargaining
a c s)wage rate.
xi. Tlc Recipient shall follow the policies mid procedures in 29 C.F. § 10.2 (b)and 10.2 for treatment ofworkers engaged in
0
an occupation in which they cuslonurily and regularly receive more than S30 a ndu in tips.
C)
1. This clause applies to workers as defined in paragraph a).As provided in that definition,-
i. Workers are covered regardless ofd contractual relationship alleged toexist between die Recoient or Subrecipient and dE
worker-,
H. Workers with disabilities whosic wages are calculated pursuant to special certificates issued under 29 U.S.C.§214(c)are
covered;and
iii. Workers who are registered in a bona fide apprenticeship program or trairtirg program registered with do Deparunent of
La is $D nt and Trainirg Adrninistration,Office of Apprenticeship,,or with r a State Apprenticeship Agency recognized
y d e ol'Apprenticeship,are covered. CL
, 73rs clause does not apply t
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i. Fair Labor Standards Act(F A)--covered perfonning in connection contracts covered by the EO.,Le.
se is who e duties to d pe a of agreement,but` t tly c in t�
perforining the specific rk called for by the agieernent,and%ft spend 20 percent oftheir hours workeda
particular workweek perforrning in connection with such a ; 06
0.
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ii. Individuals exe requirements ofthe FLSA under 29 U.S.C.§21 (a)and 21 (a)and(b),urdess v,
otherwise covered by the Service Contract Labor Standards statuile,or the Wage Rate Requirenents(Construction)stame.Tbese individuals include but are not lirrited to—
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a. Learners.,apprentices,or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
§214(a).
. Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. §21 ).
c. Thosee in a bona fide executive,admitiistrative,or professional capacity(29 U.S.C.§213(a)(1)and 29 C.FA §
pan 541).
d Nodee. iPnt shall notifly all workers perfonning work on,or in connection with,this agreement ofthe appficabk F- .
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miniinim wage
rate under this clause.With respect to workers covered by ft Service Contract Labor Standards statute or die Wage
Rate q ` (Construction)sta ,dr Contractor may nuet this requirerrunt by post'postirg in a prorrincrit and accessible place at
die workshe,tl applicable wage deternination under those sta cs.With respect to workers whose wages are governed by die 0
FLS&dr Recipient shall post notice,utilbig the poster provided by the AArninistrutor,which can be obtained at
www.dolWv/vA-d/govcontracts,in a prorninent and accessible place at the workske.Recipients that customarily post notices to
workers elcuronically my post the notice e ` 11y provided the electronic posting is displayed prominently on any Web sic that
is rmintained by the Recipient,whether external or internat and customarilyused for notices to workers about terrns and conditions of . .
eiriployrrient.
e) Pa),roll Records.
1. The Recipient shall make and maintain records,for three years after co le" n oftwork,co d-c IbRowing info tan
for each worker
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i. Natne,address,and social sc er;
u. The worker's occupation(s)or c i tarh(s);
Tba rate or rates ofwaps paid;
iv. The nurriber ofdady and weekly rked by each Aurker;
v. Any deductions c;and
vi. Total wages paid.
2. The Recipient shag nuke records pursuant to paragraph(e)(i)ofthis clause available for inspection tan by a
representatives of the Administrator.Tlie Recipient shag also make such records avaibble upon request ofthe Contracting Officer.
3. The Recipient sl ll e a copy of d agee :nt available,as applicable,for inspection or tr e ` tan by and d
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representatives ofthe Adnninistrator.
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. Failure to comply with this paragraph(e)slraD be a violation of 29 CFPL § 10.26 and this agmerrea Upon direction of
Adrninistrator or upon the Awarding Officer's own action,payrmnt shall be withheld until such tirne as d-c nonconpliance is 06
0.
corrected.
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5. Nothing in this clause knits or otherwise Recipient's payroll and recordkeepingobligations,if any,under the Service —
Co ct Labor Standards stattle,the Wage to q ' nts(Construction)statute, Fair Labor Standanis Act,or any other
applicable law.
f) Access.The Recoient shag perrnit auithorized representa6xs ofthc Ad for to conduct investigations,including interviewing
workers at the worksite during nomul working bows. -J
g) 9 ithholding.The Awarding Officer,upon his or her own action or upon written request of tor,will withhold fimds or
cause fixis to be wiHwK fiom the Recoient under this or any other Federal agncennent with the nt,suffincient to pay
workers d of wages required by this clause.
) Disputes. Deparurent ofLabor has set forth in 29 CFR§ 10.51,Dispwes concerning Recipient compliance,the procedutres for
resolving disputes concerning co nt's cornpliance with l3cpartunent of Labor regulations at 29 CFR§ 10.Such disputes shall be
resolved in accordarice with those.Ilis includes disputes between the Recipient(or any of its 5 ip' )and the contracting
agency,the DLpartn-critof Labor,or die workers or dick representatives. 0
i) Anti-retaliation.11w Recipient shag not discharge or in any other nwmr discrhinatea t any worker because such worker has 2
filed any cornplaint or irstituted or caused to be instituted any proceeding er or related to cornpliance with the EO.or this clause,
or has tcsfficd or is about to testify in any such proceed'
j) Subcontractor compliance.Re Recoient is responsible for Subrecij)ient cornpliance with d of this clause y be
ki liable for unpaid wages due Subrecoicit workers.
) Suubaurards.The Recipient shag include die substance ofthis clause,including this paragraph(k)in all subawards,regardless ofdollar
value,tint are subject to die Service Contract Labor Standards statude or the Wageto q ` (Construction)statute,and are
to be perfurrred in whole or in part in the United States.
26. Data Availability
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a) Applicability. nt of the Interior is conwitted to basing its decisions on the best available science and providing d
Arrerican people with enough infonmtion to flioughtibIly and substantively eves to the data,imthodology,and anabsis used by the
Depart-rent to info its decisions.
i
Use of Data.The regulations at 2 CFR 200.315 apply to data produced under a Federal award,including die provision that
the-
Federal Govrn=rt has the rigi to obtain,reproduce,publish,or otherwise use the data produced urder a Federal award as well as
authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes.
c) Availability of Data.The recipient shall nuke the data produced under this award and any subaward(s)available to the Govcn=nt
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for public release,consistent with applicable law,to allow rreanir&third party evaluation and reproduction of fo
I Mr scienfific data relied n;
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2. The anabsisre° on;and E
3. The irethodology,including models,used to gather and analyze data.
27. Patents and inventions.Recoients ofagreements which support experimental,developmental,or research work shall be subject to 06
applicable regulations governing patents and inventions,including the g3venirrient-widere tions issued by the Department ofCornmerce 0.
0
at 37 CF 401,Rights to Inventions Nbde by Non-profit Organimfions and S ll Business Firms Under Govc nt Crards,Contracts N
and Cooperrifive Agreernents.These regulations do not apply to arry agreement made primarily for educational purposes. _
28. Notice of Financial Managernent evievv As part of federal gove e e rts to in-prove coordination of financial trianagemant
and increase financial accountability and transparency in the receipt and use of federal disaster funding the Subrecipient is hereby notified.
that this award rruy be subject to higher scrudny,71»nmy include a requirement to submit additionalreporting docurnentation.
29. Unanticipated Discovery Pmtecols.Subrccipicrit mast irrnediately stop construction in the vicinity of the affected historic c and
take reasonable rimsures to avoid and minitnize harm to a urd the Division,Subrecipient,or contractor,and Indian Tnbcs,as
appropriate,have detenrined a suitable course ofac° n within 15 calendar days.With the e s penTission of the Divisior;the °r
Subrecoient or contractor may perform additional measures to secure the jobsite ifthe Subrecoient or contractor detennines that
unfinishedwork in de v ` ' ofthe affected historic property wo cause safety or security concerns.
30. Other Financial Assistance from the National Park Service.Work approved urder this grant shall in no way ininblt or preclude others CD
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from applying for federal assistance through other prograrris overseen or reviewed by NPS,such as the Federal Historic Preservation Tax
Incentive for Incorm Producing Structures.It shall be understood that approvals not transkrable to other
S or NPS sponsored prograrm,Subrecipcnts shouki understaMthat work peunder this grum program may` act other work
approvals,Grant finds cannot be clairned as eligible expenses potential tax credits. >
2
31. Stye ngtheidng - rica fere ces for Infras tmeturejects per .113 58.Per Executive Order 113858,crififled
Strengthening Buy-American Preferences for Infrastrucmw Projects the Subrecipient shall tnaxirnizo,consistent with law,the use of iron and
steel goods,products,and materiA produced in de United States,for` projects as defined by the Executive Order when
staternent ofwork includes alteration,construction,conversion,dernafitioR extension,inproverrent,rnairdenance,reconstruction,
rehabilitation,or repair.
32. Funding for Use of Unmanned Aircraft Sys tems ),If Federal fiinding is provided to a State,Tribal, I,or territorial
governirnent,or other non-profit organization,for the use ofU (aka drones)as part of their scope of work,de recipient must have in E
place policies and procedures to sareguard individuals!privacy,civil rights,and civil liberties prior to expending such funds.
PF funding for UAS is eligible only in do contracting ofan experienced,licensed contractor ofUAS who possesses the
appropriate license,certifications,and trainig to operate UAS.The contractor is required to provide proof of liab a in de
operation ofUAS for cornmercial use.
33. Statement of No Overlap
a) 31 Grantee certifies dot gene is no overlap in Federal Funding in terms ofactivifics,costs,or tirne conwitrmnt of key personnek �
including arry application that was submitted for funding consideration to any other potential fiffiding some(Federal or non-Federal).
b) Ifarry overlap or duplication does exist,the Grantee will alert the Division imrriediately and describe overlap including when do
overlapping or duplicative proposal(s)were subirifted,to whom(entity and program),and when fixiding decisions are expected to be
announced.
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34. 0iminal Penalties and Fraud,Waste,&Abuse ..
pp cs,steals,or obtains by fraud or endeavors to c c any finds,assets,C. 1Penalhcs Wloevcrkro andwi[lf .ally.... ... 1 .x . ........ . _ ...... �__� _.�.. . _.......... _ .. .
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or properties which are the subject ofa subgrant,contract or other form of assistance pursuant to this award,or whoever receives,
conceals or retainss such finis,assets,or property intent to convert such kinds,assets,or property to hMrr use or m,knowing
that such Kinds,assets or property have been enibemK wMW rrisappK stolen,or obtained by fraud,shall be subject to
prosecution, 06
b) Fraud,Waste,and Abuse.The subgrantee or contractor niust report any credible evidence that a principal,enployee,agent,
contractor,subgrantee,or other person has submitted a false claim under the False Claims Act or has conyriled a criminal or civilN
violation of laws pertaining to finud,co ' t of he rest,bribery, ,or sirriar rrisconductport potentialwaste,abuse,ab ,or misconduct to:
0
Office ofInspector Geneml
°S.Depannient ofthe Interior
:Intake Management Unit
381 Elden Street,Suite 3000
Hemdon,VA 20170
Telephone:( 00)424-5091
Fax:(703)47-5402(A :HOTIJNE OPERATIONS)
35. Reporting Subai%ards And Executive Compensation
a) o of t—° r s
1. Applicaliky.Unless you are exenipt as provided in paragraph D,of the Prime Award term,you niust report each action tlt
obligates$25,000 or trore in Federal kinds that does not include Recovery Act kinds(as defined in section 1512(a)(2)of
Recovery nt Act of2009,Pub.L 111-5)for a subaward to an entity(see definitions as paragraph E.of
the Prim Award term),
2. Where and when to report W
L You mist report each obligating action described in paragraph A.1.of die Prim Award termto s/%vyyw.& .go%,/.
ii. For subaward i&rn-ntion,report no later than die end of the nionth following obligation was rnade.(For
exarnple,if the ob4gofian was made on November 7,2017,the obligation niust be reported y m Cater than Decen-ber 31,
2017.)
3. What to report.You must report the inforrrutionabout each obligating action that the submission" flora posted at
sl .fsrs. v/specify.
b) Reporting Total Conipensation of Recipient Executives.
1. Applicability and what to report.You niust report total compensation for each ofyour five niost highly courperisated executives for
die preceding completed fiscal year,i€--
i. The total Federal funding authori2cd to date under this award is S25,000 or re;
u. Inthe preceding fiscalyuar,you received—
a. 80 percent or mary ofyour annual gross revenues fiomFedcral procurerrent contracts(aM subcoramcts)and Federal
financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and s a )®andi
. S25,000,000 or more in annual gross revs m Federal procurement contracts(arid subcontracts) Federal
financial assistance subject to die Tramparency Act,as defined at 2 CFR 170.320(and subawards);and
iii. The public does not have access to ir&rmationabout die conpensafionofthc executhes through periodic reports Med under
section 13(a)or 15( )ofthe Securities Exc1 Act of 1934(15 U.S.C.§7$ a),78o( ))or section 6104 of the Internal
Revenue Code of 1986.(To determine ifthe public has access to die co tan hfortnatioR see the U.S.Security
CL
Exchange Commission total cornpensation filhgs at h Yhv%vw.sec. v wers e o )
2. Where and when to report,You must report executive total cornpensation described in paragraph A 1.of the Prim Award to
i. As part of Recipient registration profile at h1tpsY/w%vw.samgDv, H.By the end offlic trionth fbIlowing die niondi in which this W
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0
award is made,and annually thereafler.
c) ReponingofTotalConlwmtbnofSubrecoientExectaives.
1. Applicability and what to report.Unless you are excirpt as provided in paragraph D.of the Prim Award terM for each first-tier
subrecipicrit under this award,you shall report die nanics and total conpensation of each ofthe s recipient's five most
conpensated executives for die subrecipiera's preceding cornpleted fiscal year,`
i. Indic subrecipient's preceding fiscal year,the subrucipiert rece' N
a. 80 percent or mare of its annual gross revenues from Federal procurernant contracts(and subcontracts) Federal 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 fromFederal prucurenient contracts(and subcontracts), Federal
firuncial assismwe subject to die TransparencyAct(and s a s);and
. iL The public d s not have access to iribmiationabout the corrpensation of the a periodic reports fled under
section 13(a)or 15( )ofthe Securities lExchange Act of 1934(15 U.S.C.§78 a)),78o( ))or section 6104 of the Internal
Revenue Code of 1986.(To determine ifthe public has access to die conpensation information,see die U.S.Security and
Exchange Conirrission total compensation filings at I J .sec. v/ ers/c o )
2. Miere and when to reporL You mist report subrecoient executive total conpensation descrbed in paragraph c.1.ofthe Prim
Award tc
i. To die recipient.
ii. By the end of the nionth following 'during Which you nuke the subaward.For exatiple,if a subaward is obligated on
CD
any to during die month of October of given year(ie.,between October I and 31),you niust report any required
corrpensation irforrmfion of the subrecipicra by Noverrher 30 of tint year.
Exerriptions.
1. IC in the previous tax year,you had gross inconic,from all sources,under 5300,000,you are exenipt from the requirements to
report: 2
i. Subavmx1s,and
ii. The total conipensation ofthe five most corrpensated executives of any subrecipient. . .
e) Definitions.For purposes of this award to
1. ` ` ag of the following as defined in 2 CFR Pan 25:
i. A Govemirental orgaiii2nfion,which is a State,local gDveirinicrit,or Indian tribe;
ti. Aforeigppublic crafty,
iii. A domestic or furcipi norprofit organization;
iv. A domestic or foreign for-profit or tion;
v. A Federal agvnc3,but only as a subrecoient under an award or subaward to a n-Federal entity.
2. oflicers,managing partners,or any other emplo3ces in nianagernent positions.
3. S " .
i. Tlis term ans a Legal itistrurrenit to provide support for die performance ofany portion of die substantive project or program
for which you rccci,cd this award and that you as the recipient award to an c k:subir4ient.
ii. The tern includes your procurement of property services needed to carry out the project or program The term does riot
include procurcirent of inciderdal property and services needed to carry out the award project or pro
ni. A subaward may be provided through any legal agree agreenrM including an agreement that you or a subrecipient considers a
contract.
4. S iera7' an entity that:
i. Receives a subaward komyou(thc rec" lent)underthis award;and
H. Is accountable to you for the use of die Federal funds provided by die subaward.
5. Total corrpensatiotf'rwans the cash and noncash dollar value earned by the executive during the recipient's ors recipient's CL
preceding fiscal year and inrhdcs the following(for trore information see 17 CFR 229.402(c2)):
i. Salary bonus.
ii. Awards of stock,stock options,and stock appreciation rights.LJse die dollar amount recognirzed for financol statement
. ._.............
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repoaing purposes with respect to die fiscal year in accordance Staternert ofFinamial Accourifing Standards No. 123
20 )(FAS 123 ),Shared Based Pa
Eamings for services urder run-equity incerdw plans.This does not include group fife,health hospitalizatiDn or niedical
re° rtt plans that do not disc6Timte in favor ofexecurivLs,and are available gunenilly to all salarierl enrployces. 06
iv. CharW in pension value.Ibis is the change in present value ofdefiwd benefit and actuarial pension plans.
v. o et camings on dckrmd conpensation which is not tax-qualified. rn
A. Other conpcnsation,if the aggregate value ofall such other co n(e.p,severance,terniination paynionts,value of fife -
insurance aid on behalf of the ernployce,perquisites or property)for die executiveexceeds S 10,000.
36. Reporting of Matters Related to Recipient Integrity and Perforirnance
a) General Reporting Requiremant Ifthe total value ofyour currently active ,cooperative c nts,and procurenient.contracts
from all Federal awarding agencies exceeds S 10,000,000 for any period of time during die periodofperfonmnce of this Federal
award, n you,as the rec° iert,dining t period of tirne must rmintain the currency ofitfibmution reported to the System for
Award Managenient(SANO that is rrnde available in die designated integrity and perforriiance system(cununtly die Federal Awardee
Perflimunce and Integr#Information System(F IIS))about civil,c6minal,or administrative proceedings described in pamgmph 2
of the Prim Award term and conditiorr.This is a statutory requirernent under section 872 of Public Law 110-417,as arnended(41
U.S. §2313).As required by section 30 10 of Public Law 111-212,all information sted in die designated integity
pe a system on or after April 15,2011,except past perflinmmereviews required for Federal procurenient contracts,will be CD
publicly available.
) Procceditigs You Must Report.Subinit die info Lion required about each precedTg dirt:
1. Is in connectiDmAidi the award or perfonixince ofa grant,cooperative agmernent,or procurement contract fiom the Federal
r >
2
2. Reached its final disposition dining the most recent e ° d;and
3. Is one ofthe followfig
i. A criniinal proceeding that resulted in a conviction,as defined in paragraph 5 of this award temi and condition;
ii. A civil proceeding that resulted in a finding of fauh and liabilitypaynient ofa nuinewy fine,pcnalt34 rchbursemcM
restitutiork or daffuges ofS5,000 or re;
iu. An adninistmfive proceeding,as defined in paragraph 5 of this award term and condition,dirt resulted in a finding of Fault -
liability payrnent ofeither a nunctary fine or penalty ofS5,000 or re;or reirbuiwirent,restitution,or danuges in
excess of l ,000;or
iv. Any other crinninal,cK or adninistrative proceeding if.
a. It could have Led to an otilconic described in t p 2.c.(i),(2),or(3)ofthe Prhm Award term and cond°' r4
. It had a different disposition anived at by consent or cornpromise with an acknowledgrnent offauh on your part;and
c. nt in die Prim Award tenn and condition to disclose infibmiation about the proceeding does not conflict with
applicable laws and regulations.
c) Reporting Procedures:Enter in the SAM Entity nt area the hfbmution that SAM requires about each proceeding described
in paragraph 2 of the Prirm Award term and condition.You do not reed to sub nit the infonnution a second under assistance
awards that you received ifyou already provided the infibmiation through SAM because you were required to do so under Federal i
procuremont cordracts that you were awarded.
d) Reporting Frequency During arry period of tinne when you are subject to die requirement in paragraph I ofthe Pfi=Award term and
conditiork you must report proceedings infortinition through SAM for the trost recent five year period,either to report new infomnation
about any proceeding(s)that you have not reported previously or aflirm that them is no new ifonnation to report.Recipients that have
Federal contracts,gmts,and cooperative a c t awards with a curnulative total value greater than S 10,000,000 niust disclose
CL
seniiannually any inkirmation about die criminal,civil,and administrative proceed'
e) Dektiticins.For purposes of this award term and condition:
1. Adnixistnnive proceeding nrans a non-judicial process that is adjudicatory in nature in order to nuke a detennination of fiuh or
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Dability(e.g,Securifics and o n Adniiistrative proccediW,Civilian Board ofContract Appeals proceedings,
and Anred Services of Contract Appeals proceedings). includes proceedings at the Federal and State level bit only in
connection with pe a of a Federal contract or gma it does not include audits,site visits,corrective plans,or inspection of
deliverables. 06
2° Conviction rmans ajudgment or conviction ofa crininal offense by any cow ofeampeterd jurisdiction, erect upon a 0
verdict or a plea,and includes a conviction entered upon a plea of nolo contendere. N
3. Total value of currently active ,cooperative a en-cris,and prucurenunt contracts` —
i. Federal share ofthe Ending under any Federal award with a recoient cost share or tch;and
H. The value ofall expected reunder a Federal award and options,even if not yet exercised.
0
0
0
2
LM
0
ca
0
LM
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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.
4
O
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND O
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 Ch
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified. 06
0.
As the duly authorized representative of the applicant, I certify that the applicant: O
N
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which
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 O
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,
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 m
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 8
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.
7. Will comply, or has already complied, with the
5. Will comply with the Intergovernmental Personnel Act of requirements of Titles II and III of the Uniform
1970(42 U.S.C. §§4728-4763) relating to prescribed Relocation Assistance and Real Property Acquisition
standards for merit systems for programs funded under 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
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 CL
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)
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. 1676
E.7.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 06
insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et0.
seq.) pertaining to the care, handling, and treatment of
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; (d)evaluation of flood hazards in rehabilitation of residence structures. _
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, m
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
Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of
205). the Trafficking Victims Protection Act(TVPA)of 2000, as
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
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
U
Packet Pg. 1677
E.7.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. 06
0.
As the duly authorized representative of the applicant:, I certify that the applicant:
N
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
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
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration (5 C.F.R. 900, Subpart F).
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
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
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
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
CL
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. 1678
E.7.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.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 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. y
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 06
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act 0.
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 N
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
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 m
15. Will comply with environmental standards which may be Federal laws, executive orders, regulations, and policiesgoverning 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
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
N
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
CL
SF-424D(Rev.7-97)Back
Packet Pg. 1679
E.7.b
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1362 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 y
d.loan
e.loan guarantee IX
f. loan insurance
4. Name and Address of Reporting Entity: y
ElPrime ®SubAwardee Tier if known:
Name
Monroe County Board of County Commissioners 06
Street 1 Street 2 C
500 Whitehead Street
0)
City State Zip
Key West FE: Florida 33090
Congressional District,if known:
5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: C
Name
Florida Department of State
Street 1 Street 2
R.A. Gray Building 500 South Bronough Street
City State Zip
Tallahassee FE: Florida 32399-0250 �
Congressional District,if known: z ¢'
6.* Federal Department/Agency: 7." Federal Program Name/Description:
n/a Hurricanes Harvey, Irma, and Maria Emergency Supplemental Historic
E
Preservation Fund �..
CFDA Number,ifapplicable: 15.957
8. Federal Action Number,if known: 9.Award Amount,if known:
$ C
76
10. a. Name and Address of Lobbying Registrant:
Prefix 'First Name Middle Name
Last Name Suffix w
N
Street 1 Street 2 ay
City State Zip
b. Individual Performing Services(including address if differentfrom No.10a)
Prefix First Name Middle Name
Last Name Suffix
Street 1 Street 2
City State Zip
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 ¢°
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: O
*Name: Prefix First Name Middle Name
Last Name Suffix
Title: F Telephone No.: Date:
Authorized for Local Reproduction
Standard Form-LLL(Rev.7-97)
Packet Pg. 1680