Item E8 � E.8
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: E.8
Agenda Item Summary #6694
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 $482,550.00 no
match funds for repairs to the Pigeon Key Commissary Building and Honeymoon Cottage which
were both damaged during Hurricane Irma.
ITEM BACKGROUND: The Pigeon Key Commissary Building and Honeymoon Cottage
buildings were both knocked off their foundations and damaged during Hurricane Irma. The County
applied for a special "2019 Hurricane Irma National Park Services Subgrant'' to help fund the repairs
to the buildings and was awarded $482,550.00. There is no voluntary match required so the County
does not have to provide a local match, however we expect the repair cost to be greater than the
grant amount. The County has also received a $800,000.00 TDC grant which will cover the expenses
over the grant amount.
PREVIOUS RELEVANT BOCC ACTION:
2/20/19 — BOCC approved a Task Order with Bender & Associates Architects to prepare
architectural repair drawings for the damaged buildings and also to update the Historic Structures
Report for the island.
4/17/19 - BOCC gave approval by Resolution to submit a grant application to DHR for the Special
Category Grant for the Pigeon Key Commissary & Honeymoon Cottage Buildings.
(Res. No. 119-2019)
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Grant Agreement and Attachments
DOCUMENTATION:
NPS DHR Grant Pigeon Key Attorney Signed- JXD
DHR-NPS Grant Attachments
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FINANCIAL IMPACT:
Effective Date: 07/01/2019
Expiration Date: 06/30/2021
Total Dollar Value of Contract: $482,550.00
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: DHR Grant and TDC Grant
CPI:
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant: DHR grant& TDC Grant
County Match: No
Insurance Required: Yes
Additional Details:
Grant of$482,550
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 3:43 PM
Joseph DiNovo Completed 03/03/2020 3:47 PM
Budget and Finance Completed 03/03/2020 4:20 PM
Maria Slavik Completed 03/04/2020 8:29 AM
Kathy Peters Completed 03/04/2020 9:12 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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A T
THE STATE OF FLORIDA,DEPARIMENT OF STATE
AND
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Monroe County Board of County Commissioners
073876757
20. .100.006 y
This Trent is by and between the State of Florida,De nt ofState,Division of Historical Resources hereinafter referred to as the 0
'Division,"and the Monroe County Board of County Commissioners hereinafter referred to as the"Grantee."
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GranteeThe
has been awarded a 2019 Hurricane Imia National Paris Service Subgrant by tic DivisioR grant munber 20.h.fh.100.006 for the 0
Project" Key Co sary and Hone oon Cottage `cane Repair,"in unt ofS 482,550( A m
Amount).7he Division enters into pursuant to Lim Item 3174,contained in the 2020 General Appropriations Act,SB 2500, —
Laws of Florida. ion has the authority to administer this grant in accordance with Section 267.0617,Florida Statutes. 0
Funding for this gram is provided by the Ernergency Supplerrental Historic Preservation Fur4 Hurricanes Harvey,Inna and Mafia Recovery
Gram(CFDA 15.957)awarded to the Division by the Departnont ofthe Interior,National Park Service(NPS),Federal Grart Nunber
P I 9APOOO 12(the Prime Award),The Prirre Award project period is March 1,2019 through March 31,2022.
Pursunt to the Pr'Priar Award,NPS awarded the Division S5,932,724 from the Finorgoncy Supplernental Historic Preservation F (ES F),of
which S4,959,699 is available for subgrants for recovery,repair and disaster mitigation activities directed at historic properties darraged during
Irma,incident period Septernber 4,2017-October 18,2017.The Division desires to grant a subaward ofthe Pfirm Award to Grantee
ofthc Ckant Award Arnount >
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In consideration of dw inutual covenants and promises contained herein,the panics agree as follows:
1. Grant Purpose. This grant shall be used exchsively for the"Pigeon Key Commissary and Honeymoon Cottage Hurricane
Repair,"the public purpose for which these were appropriated.
a) The Grantee shall perform the following Scope of Work:
Grant funds will be used to lift the Commissary building and Honeymoon Cottage and move
them back to their historic location at their historic elevation; lay new concrete foundations; E
square the buildings' walls; reconstruct porches, stairs, and floor framing with original and/or in-
kind materials; restore exterior siding, interior historic wood sliding windows, metal shingle
roofing, and porch overhangs; and update the Pigeon Key Historic District National Register of 0
Historic Places listing. Funds will also be used for arc hilecturaVengineering services.AU tasks
associated with the Project shall mact the requirements set forth in this agTrernent.
b) The Grantee agrees to provide the following Defiverables and Performance Measures related to the i
Scope of Work for payments to be awarded.
Payment Deli lc escri do oc ettio Payment
e Amount
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1 Fixed Complete and submit an Application One(1)electronic copy of a $144,765
Price and Certificate for Payment(AIA completed Application and Certificate 0
Document G702) 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 y
least thirty percent(30%)of the equivalents, showing at least thirty —
project completed, and a project percent(30%)of the project 0
timeline to the Division for review and completed; One(I)project timeline ca
approval.
2 Fixed Complete and submit an Application One(1)electronic copy of $144,765 m
Price and Certificate for Payment(ALA completed Application and Certificate CL-
Document G702) 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 G703), 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
specialist/consultant's 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 $144,765
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
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(1 %)of the project
update to the NRHP listing, completed; One(1)electronic copy of —
conforming to NRHP Bulletin 16a or the draft update to the NR14P listing,
16b as appropriate to the Division for conforming to NRHP Bulletin 16a or
review and approval. l6b as appropriate
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4 Fixed Complete and submit a final update to One(1)electronic copy of the final $48,255
Price the NRHP listing, conforming to update to the NRHP listing, 0
NRHP Bulletin 16a or l6b as conforming to NRHP Bulletin 16a or 0
appropriate, to the Division for review 16b as appropriate; Single Audit —
and approval. In addition, a Single Form; Final Progress Report CL
Audit Form shall be completed by the
Grantee and submitted along with the
Final Progress Report prior to final
payment.
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Totals $482,550
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c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to
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accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides
details of how grant and match funds wifl be spent. All expenditures shall be in accordance with is budget
(which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the
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term of this Agreement, as stated in Section 2 of this Agreement.
2. Length oC ree t Agneernent shall begin on July 1,2019, shall end June 30,2021,unless tenrinated as accordance withy
the provisions of Section 34 of this e .Cor=ct extensions well not be granted unless Grantee is able to provide substantial written
justification and dr Division approves such extension 11r Grantee's written request for such extension must be submitted to the Division �0
no later than thirty(30)days prior to the ternination date ofthis Agreement and no amendn-ent will be valid until a written aanxivrol is
s4ned by both parties as requinad its Section 7 and Section 16 of this Agrecaut
3. Contract Adninistration. 11r parties are lcgslly bound by the requinerneriLs ofthis A e nt. Each paiVs contract minagur,named m
below,will be responsible for rmnhoring its perfonyme under be the official contact far each party Any nofice(s)
or other conumications in regard to this agreernent shag be directed to or delivered to the other partys contract rnanagpr by utilizing the0
information below.Any change in the contact i6nmfion below shall be submitted in wrifing to the contract manager within 10 days of die
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For the Division of Historical Resources:
La Bright Houston
Florida nt of State
R.A. y Building
500 South no s Street
Tallahassee,FL 32399
Phone:850.245.6355
En-nil.laura.brighthouston@dos.myflorida.com
For the Grantee: X
Contact:Monroe County Board of County Commissioners
Address:1100 Simonton St. Room 2-216 Key West Florida 33040
Phone: 305.292. 27 —
iL- Erickson- re e�7a onroeCounty-FL.Gov
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4. Grant Payments. All grant payarnts are requested online vita N"y w,dosmrts.com bysubni*apa)T=reqwstwkhdocunr=tion
that the deliverable has been ca leted and docurrentation evidencing all eVenses incurred in achieving co lotion of the dehrrable. i
lle total grant award shag not exceed the Ckant Award Arnounit,which shag be paid by the Division in consideration for the Grantee's
mininm perfunnance as set forth by the terms and conditions of this Agmernord.11ne gram payrricra schedule is outlined below:
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a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. 0
b) All payments will be made in accordance with the completion of those Deliverables. i
5. EJectronic Payments. The Grantee can choose to use electronic fimds transfer to receive grant payrnants.All grantees wishing to
receive it award through electronic fen miBt submit a Direct Deposit Authorization farm to Or Florida of
Financial Services(DFS).If EFr has already been set up for the organization,the Grantee does not reed to subrrit another authorization
form urdess die o tion has clmVpd bank accounts.The authorization form is accessible at
httnl/l4�rtiw. rrdacfo.ca TAlisx�nf or ;(�FA l- E f.
6, Florida Substitute Fonn W-9. A co feted Substitute Form W-9 is required from any entity dot receives a payarnt from the State of
Florida that nny be subject to 1099 reporting DFS mast have die correct Taxpayer Identification Nuniier )and other related
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information in order to report accurate tax inbrmation to the Internal Revenue Service ).To register or access a Florida Substitute
Fa 9 visit hMt%v%,i v.tivendor. adacfo.co ',A copy of the Grantee's Florida Substitute Form%V 9 must be subinitted to
t i ' ion,as required,in advance of or Wth the executed ree t.
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7. Arneridnient to Agreement.Either party may request madilication of the provisions of this.Agreement by contacting n to
request an to the contract. es ishich are agreed upon shall be valid only ashen i ry ti ,signed each o the y
parties and attached to the original oft this e nt.lfchuWs are inplerrented without the Divisiorfs written approval,
organization is subject to nonconphance,and the grant award is subject to reduction,partial or corrplete mKind to dc State of Florida �0
tennination of this Agreement.
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8. Financial Consequences. The Departmont shall apply the following 1 consequences for failum to perform level of 0
services by nt accordance ` Sections 215.971 287.058,Florida Statrr as- m
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a) Pa be withheld for fitilure to co fete services as idenf&d in the Scope of Work and Dcliverables,provide docurruntation 0
that the deliverable has been cornpleted,or dernonstrale ft appropriate use ofstate or federal
b) Ifthe Grantee has spent less than the Grant A in state or federal fmds to couplete the Scope ofork,the final
wig be reduced by an amount equal to the difference between spent state or federal dollars and the Grant Award
c) Payarris will be withheld for murk not consistent with applicable historic preservation standards as outlined Secretary ofthe
Interior's.Standards and Guidelinesr Archaeology and Historic Preservation available online at
sl/`v`v�v.r s.��`l ubicc s p rvruoWstan&-u-ds.httn or applicable industry standards
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Division shall reduce total for the Project in direct proportion to any required tch contributions not met by the end of
the grant period.Mis reduction shall be calculated by divi&ng dr actual inatch arrount by dx required rrutch armunt indicatedin the
Agreenunt and multiplying die product by the Giant Award Amount indicated in the Agreement.Pursuant to Sec' n 18,Grantee shall
rcKW to die Division any excess paid out prior to a reduction of total grant kinding.
9. Additional Special Conditions.
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) For all projects involving developinent activities , the following special conditions apply: _
i. All project work must be in co e with die Secretary of the Interior's Standards And Guidelines for Archaeology and
Historic Preservation available online at l tittt�sll�tinvcy,rms,rVlSrh l�'ctstltstOrp[erV'Cron/st? �±r��S.lstnl.
ii. Tim Grantee shah provide photographic doe Lion ofthe restoration activiry.Guidelinesregarding the photographic
do tion are available online at 1'ttns;P/dos.rm, io a.cr? t rV�r n s!, rl-cats
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iii. Architectural Services
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A. All projects shall require contracting for architecturallengincering services.
B. 11w Grantee y request a waiver of this requirement from the Division if they believe that die architectural/enginceringservices
are t needed for do Project.The Division shall make a recommendation to die Grantee after review of the proposed work.
iv, Architectural Docurnents and Construction Contracts
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Grantee shall submit lie architectural services contract to do Division for review and approval prior to final execution.In
addition,purwant to Section 267.031(5)(i), Florida Statutes,the Grarice shall submit architectural planning docurrents to the0
Division for review and approval at die following stages of deve ptreru: 0
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A. on ca letion of sc ticdesign;
B. n conpletion of design developruent and outfine s cificatio
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C. Upon conpletion of 100%construction docurnents and project tnanual,prior to execution ofthr construction contract.
v. For the construction phase of the Project,in addition to die review subrnissions indicated above,a copy ofthe construction
contract must be subrnitted to the Division for review approval prior to final execution. ion review and approval of id
contracts shall not be construed as acceptance by or hinposition upon die Division of any financial liability in connection with said
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contracts.
A. For projects involving ground disturbance(exarrples include:historic buildingors relocation,grading and site work,
installation ofsewer and water lines,subgrade foundation repairs or darrp prooft construction of new foundations arid installation m
of landscape materials),the Grantee shall ensure that the following nts am included in all contracts for architectural and CL
engincering services:
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A. Ground disturbance around historic buildings or elsewhere on the site shall be rromized,dm reducing the possibility ofdarnage
to or destruction ofsignificart archaeological resources.
B. If an archaeological investigation ofthe Project site has not been completed,the architect or engincer sM contact the Division
for assistance in detc do actions necessary to evaluate die potential for adverse a cts ofthe ground disturbing activities
on significant archaeological resources
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C. Significant archaeological resources shall be protected and preserved in place whenever possible.Heavy rnachinery shall not be
allowed in areas where significart archacok) ' al resources nuy be disturbed or
D. When preservation ofsignificant archaeological resources in place is not feasible,a mitigation plan shall be developed in
consultation with and approved by the ` ' ion's Coaphance Review Section(contact inforniation available online at
mm-0130mumca }.The mitigation plan shall be' riled under the direction of an archaeologist meeting do Secrelm y
of the hntert`ors'Professional Qualification Standards for Archaeolo
E. Docurnentationofarchaeological investigation investigationand required tan actions shallbesubrnitted to the Conpliance Review
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Section for review and approval.T'l s documentation shall conform to the Secretary of the Inferior's Standards fat•
Archaeological Documentatian,and the reporting standards of the Compliance Review Section set forth in Chapter M-46,
Florida Administrative Code.
F. All Historic Preservation FurxI WF)funded grants am subject to the requirwwrits oftlic National 1 Policy Act 0
(N A)of 1969,as amended.See Section 1 I.c}of this agreement.
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vd. NPS Reviewof a esi n Documents for Confonnance to the Secretary of the Interior's Standards.In addition to
Division requirerrerits for development projects described above,the following t be subrnitted to NPS prior to the beginning of 0
grant assisted develop nit work:
A. a site plan that has the north direction clearly nurked
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B. a city/countyrrap with the site ofd property clearly labeled z
C. set of plans specifications for project
D. ploto plus(or digital° gcs)ofall exterior elevations of the buildi3g or site,with views iderffEd and oriented and keyed to m
do site plan.
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E. interior photographs ofall rrqJor roorns and those involved in die project,labeled and keyed to a floor plan
F. any addkional inkirmation that will better enable a technical review ofthe project to be completed e historic photographs,
historic s=t=reports,bLffiing studies,etc.
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Docurrunts for the entire underWkmgt be submitted to NPS for its review and approval to ensure coffirmance with the y
Secretary ofthe Interior's Standards and Guidek=for Archaeology mid HistoricPreservation,and with the conditions listed iti A
this Grant Agreement.Work dot does not comply with these Standards in thejudgment ofNPS will not be reimbursed,and may
cause to be tenririated and firids dcobligated.
) For all projects involving survey activities,the following special conditions apply.
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i. The Grantee shall submit survey project contracts to ion for review and approval prior to execution. a)
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ii. A 1 32 permit t be obtained u of Archaeological h prior to e ° of fieldwork co ►cted °'A
state lands and a copy submitted to the Division,ifapplicablu.
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R For hsto ° al structure and archaeological survey projects,the Grantee shall follow the historic s °cob ° al survey
gitidelines as outlined b die documents found onfine at I tpslfdos.n rida.cnn�hstnr aVl, ►ntsfsn i' tcl m��*► ►s/. a
survey report shall coffirm to Chapter 1A-46,Florida Administrative Code.
iv. For all HPF Kinded gratis,archaeological co ctions and acca data and recordst be curated in a repository treating
contemporary professional s ,the Secrc s' r Archaeology and HistoricP n,"and 36 CFR 79 >
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except wb en other disposition is required by 43 CFR 10,the regulations for the NativeProtection and
Repatriation Act(25 U&C.3001). However,die costs oforigoing curation are not allowable for HPF gi-ant assistance.
c) For all projects involving National Register nominations or updates,the following special conditions apply,
i. The Grariee shall consult with Division staff for dev cb nt ofthe nornination text.Norninations must conformto National
Register of Historic Places Bulletin 16a or 16 ,as appropriate: fl �v, s,€m`irrr Iatbr�sl _
ii. The Grantee shall submit national register nomination project contracts to the n for review and approval prior to execution.
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} NPS Coneunrence Wth Selection of all Consultants and Contractors. For any project type,prior to noffyingconsuhants ofdit°
selection,docurnentation of a competitive consduut selection process,along with its justilication and resume(s)for consultant(s)
selected forgrant-assisted work must be provided to the Division for submission to NPS for approval Cars co tors)must
have the requisite experience in historic preservation or relevant kf to oversee project work.All consultants and 0
contractors must be conpetitively selected and docurrentation of"selection must be maintained by the Grantee and be made readtr
available for exarniriation by the NP .Federal contracting and procurement guidance can be found in 2 CFR 200.319.Maximum rates CL
chuged to this grant may not exceed 120%of a Federal Civil Service S-15,step 10 salary per project location.Current salary
tables can be lbund on the O ffice ofPersonnel and gc site: slluivvy°oV v! licy �no`en;i 'tfnaw
l of -vva
e} Emergency Supft-montal Historic Preservation Fund,Hurricanes Harvey,Irma, Maria Recovery F HIM)Gant U)
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Subrecipients n-mt execute the following federal prior to Division execution oftla Grant Award Agreement and release of the z
i. Standard Fo 424B,Ass es—Non•Cors tbn Pro s
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ia. Standard Form 424D,Assurances—Construction Pro
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iv. Stardard Fon-nLLL,Disclosure of Lobbying Activities
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f) &mrFmy Supplernantal Historic Preservation Fund,Hurricanes Harvey,Inna,and Maria Recovery F 0
Subrecoients nnust cornply with the Federal Special Conditions contained in Attachnnent C.
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10. Public Endorse nm nts and AcknoWedgenient of Grant FundinE.Pursuart to Section 286.25,Florida Statutes,and ESHPF HIM
Gram Pro
a) Public Information, orse ts,and Press Releases. m
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i. In pubkizhg advertising or describing sponsorship` of the program die Grantee shall include the following state .
project is sponsored in part by die Departrnent of State,Division offlistorical Resources and de State ofFlo ' variation in
this language must receive prior approval in writing by the Division.
Grantee shall not publicize or othenvise circulate prorrotional rmlerial(such as advertisements,sales brochures,press releases,
speeches,still and motion pictures,articles,nmrmcripts or other publications)which states or inplies governrnental, I,
bureau,or governnunt enplDycc endorsement ofa business,product,service,or position which the Grantee represents.No
release of inforniation relating to this award nuy state or inply that d Goy nt(state orfederal)approves of d ee's
work products or considers deGrantee's work product to be superior to other products or services.
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A. AH infominfion subrnined for publication or other public releases of iribmintion regarding this project shall carry the following
disclairrm. �--
artiallyfirtrded by the Eorerg■enty Supplemental Historic Presemation Fmid,National Park Service,Deparmient
of the Interior.Any opinions,findings,and conclusions or reconunendations expressed in this araterial do not
constitute endorsement or necessarily reflect the views of the Department of the Interior or U.S. Governinent.
B. Grantee rriust.obtain prior Govemnrnt approval for any public° tion releases concerning award which refer to do
Deparumnt ofthe Interior or any bureau ore loyee(by na=or title), specific text,layout photographs,etc.of die 0
proposed release rrust be subrnitted withthe request for approval Grantee nmt provide a digital copy of any public
i6miation releases concerning award.
C. As stipulated in 36 CFR Part 800,public views and con=nts re all Federally-Kinded undertakings on historic
properties must be sought and considered by the authorizing Federal agency.Tberefore,tic Chuntee is required to past a press W
release re the undertaking under this grant in one or acre oftle major newspapers or news sources that cover
affected by the project within 30 days of receiving signed grant Agmernent,A copy ofthe posted release t be submitted
to the Division for provision to NPS within 30 days ofthe posting
D. The Grantee nist tramnit notice of any public cemnunics planned to pub5cim the projector its results in a ` ly enough
mumr so that the Division or the Florida nt of State,or NPS,Departrnent of the Irterior,Congressional or other
Federal officials;can attend if desired. CL
E. Copies of all press releases rnust be provided to NIPS.
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b) Requiffement for Pmject Sign/NotificatiomThe Colaritee must create public notification of the project in the fu ofa project sign,
wcbsite posting,and proper credit for announcements and publications as appropriate.S' a° n rimt.be subrilitted to the 0
Division for approval in advance.Also the sWhotification trust be ofreasonable and adequate design and construction to withstand M
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exposure;be of a sim that can be easily read from ft public -of- ,and be maintained in place throu&tt the project
tenn At a nmirrwA as notifications mist contain following statement: M
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'lProject ]is being supported in pan by an Enr-rgenry Supplemental Grant from the Historic: Preservation F"adiritistered by _
the National Park Service,Department ofthe Interior."
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Additional irifunrution brctly identilying the historical significance of the pro recogriong other co rs,or use of the
alloumble to (will approval)is encouraged and pernissible.
Photographic documentation of the sign/notification must be submitted to the Division The cost of fabricating and erecting notification CL
is an eligible cost for Hie gram Routine rrainteriance costs ofproject signs are not allwAuble project costs_
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c) Delivembles/Publications.The Grantee mllst inckide acknowledg=nt ofgrant support from the Historic Preservation F F)
of the NPS,Departmant of Interior,in all deliverables,press,and publications concerning NPS grant-supported activities as 2
rukrenced in the Scope of Work.
i. One digital copy of any deliverable/publication must be furnished to the Division for submission to NPS within 90 calendar days of
the expiation of ° ement deliverables mustcontain the followirig disciairner and ac wied rx:
77ds material was produced with assistance front the Emergency Supplemental flistori,Preservation Fund,administered
by the National Park Service, Department of the Interor°Any opinions,findings,and conchrsions or recommendations
expressed in this material are those of the author(s)and do not necessarily reflect the views of the Department of the '✓
Interior.
u. Deliverables/publications include,but are not litnited to:grard projectreports;books,panphlets,brochures or s;video or
audio ;docurrentation ofevents,including prograrns,invitations photos,websites,mobile apps,exhibits,arid interpretive _
signs.
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iii. AD consultants lured by the ec must be inforrned of this req ' nrnt.
iv. Ilie Division and NPS shall have a royalty- to republish any materialsproduced under this grant.AD photos included as �
part of the interim and final reporting de' rcbles/publcation will be considered released to die Division and NPS for future
official use.Phatographer,date and caption should be idenfified on each photo,so Division and NPS rMy provide proper credit
for use.
v. A digital(preferred)or physical copy of all deliverables nwt be available for public access.
l l° Federal Con#iance Requireawnts.All ESHPF HIM subgrant projects must conplywith the following federal req ° .
a) Compliance`rith Section 106.Pursu=to Section 106 ofthe National Historic Preservation Act(54 U.S.C.§3 108)the NPS has U)
agreed that State Historic Preservation Offices(S Os)for ESHPF grant assistance must initiate consultation and must conplete the CL
consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation(AC HP)in 36 CFR 800,
prior to the conimricerrent ofad -assisted construction,ground disturbance or project planning It shall be understood that NPS
ren-tits ultirnately responsible for all Wings and delenninations.Ik primary recipient(SHPO)triust retain praofofpublic notice and
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a request for consuha6an for every selected subgrantee in project film.Subgrantees will be required to submit doc is to the SHPO W
for determination ofeffects to historic properties. documentation will remam with each 's until such time as
the e submits a final report and photographs for work to the SHPO to confirm that all work cotripleted was done as required,
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AD documentation should conform to 800.11 ofthe 36 CFR Part 800.Docurnentatun ofproper review by SHPO stafffor corrpliance y
with the appropriate Secretary ofthe Interior's Standards t be available to NPS at all times while the grad remains open.In 0
addition,subgrarices must comply with those recomrnendations stated in die HPF Grants Manual Chapter 8,Section "S
Applicable to 5 ees."Determinations ofAdverse Effect will cause terminations of'subgantee projects,In cases ofc
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adverse cflects,however,there may be a need to develop a Memorandum of A nt(MOA)with SHPO,NPS and AC HP.
b) Compliance Wth Section 11 .Section 110 of The National Historic Preservation Act idenfifies the resTonsibility of the federal
aguncy in their treatment of'historic properties.Section 110(0(54 U.S.C.§306107)clarifies the responsibilityof the agency to a)
Vroted National Historic )from harm.In addition,Section I I0(k)(54 U.S.C-§306113)prohibits NPS
funding any grantee or sub grantee that atteripts to avoid the requirements of Section 106(see above).Grantces must nuke every
efrort to find preservation projects that do no harm or adverse a ctse Should ft be discovered a grantee has deliberately damaged a
property(e.g,pre-captive demolition)to avoid requirements,NPS must be nofified to determine,in cons Lion with the AC HP,if
the project can proceed.
c Requirement for NEPA Compliance.AD HPF fiWed grants are subject to tic requirements ofthe National Erivionrrental Policy
Act(N A)of 1969,as amended,Tbis Act requires Federal agencies to consider the reasonably foreseeable environmental
consequences ofalll gr=-supported activities.As part of NPS in-plernonLation of this Act,gramees are required to notify NPS of
reasonably foreseeable in-pacts to the environment supported activities,or to certify t to such cts will ame upon
receot ofa grant awaid,In addition,NPS has determined that most HPF grant finds are not expected to individually or cuiiii1afively
have a s° t impact on dr envirommm unless the activity irnmlvas develop arm(construction)or archaeology.For construction
or archaeology projects,the Graruee should submit an Environmental Screening Morhslreet,in order to assist the NPS in '✓
delenrift ifa Categorical Exclusion(found in NPSDirector's Order 12)can be utilized.Works is may be obta° at.
_ __4f/®vtiyir�,rins, r_In rtitrort s1cn77 ris/ rt lug Works is maybc submitted with plam and specifications if
required by the Scope of Work.
Requirement to Execute a Preservation Cove n e n0 purpose ofde lop nt grants f 'the HPF is to
preserve highly significant historic properties for this and fiture Wrierations.Section 54 U.S.C.§302902 ofthe National Historic
Preservation Act requires that HPF ees must agree to assurre,after the completion ofthr project,the total cost of continued
maintenance,repay and admiristration of the -assisted property in a mu=r satisfactory to the Secretary ofthe Interior.
Accordingly,subgrardees awarded finds for[tie physical preservation of historic site shall sip a Preservation CovenantTaserrent
with the S14PO in which die sic is located or to a nonprofit preservation orgimization acceptable to the NPS.NPS approval ofa
coveriant/easernent holder other than the SHPO must be in tern of the covenant/easemant.must follow the guidance in the _
F Manual-Chapter 6 from the end date of this agreernem The covenantleasement rrust be executed byregistering it with the deed CLi
of the property.A photocopy ofthe executed covenanVeasement,stamped registered with the deed,must be sub ' cd to die NPS
prior to die end of fir award period of performance and finid drawdown of finding A copy ofthe covenanVeasernerit ryList be
retainedby the Grarrice for the duration of the covenardeaserrent.
A draft copy ofthc cove easerrent must be submitted to the NPS within one year for review and conywrit.Baseline
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docurrentation of the character defining katures of the site should be documented prior to construction through photographs,
Following co letlon ofall work,t1c preservation covenant/easenrit must docurnent the grant assisted condition ofthe site and
die cliaracter defining features included as part ofthe docurrent registered wfth the deed.
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e) GIS Spatial Data Transfer. One(1)digital copy ofany GIS data produced or collected as pan ofthe grant finds wig be submitted
to the Division and NPS.All GIS data files shad be in a pe (*.s )or GeoDatabase format,preferably a GeoDatabase format.
Federal Geogniphic Data Committee compliant data set level rretadata shall be submitted for each shapefile or feature class included,
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All cultural resources defirrated with GIS data(points, or pa ns)should kirther be established in co e with the NPS
Cuhml Resource Spatial Data Transfer Standards with co fete featurc level ta.Ten-plate GeoDatabases and guidelinesfor y
creating submitting GIS data in die NPS cuhffW resource spatial data transfer standards can be found at the NPS Cukural
Resource GIS Facility webpage:I r Sep y/cry c _gmdaWs,htm Technical assistance to m cet the NPS Cultural
Resource Spatial Data Transfer Standard spec' atiorss be made available ifrequested.
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f) The use of federal finds to improve public building,to finance services orprograrns contained in public buildings,oralteranybuilding
or facility d in whole or in part with Federal fitrids(except privately owned residential s ),requires corupliame with the 0
1990 Americans with DisabilitiesAct( A),Section 504 of die Rehabilitation Act of 1973,and the ArchitecturalBarriers Act a)
(ABA).Work done to aher the property should be in conpk=c with an applicable regulations and guidance.
12, Encunibrance ofGrantee shall execute a binding contract for at least a part of die Scope of Work by March 31 in the fast
year of the grant period,except as allowed below.
a} Extension of Encurnbrawe Deadline: encLubrance deadline indicated above y be exterded by written approval ofthe Division. C
To be eligible for this extensiDrk the Grantee must demonstrate to the Division that encunfirance ofgr=finding and the required
match by binding co ct(s)is achievable by die end ofthe requested extended encumbrance period.The Gnintees written request
for extension of die encumbrance deadline t be submitted to the Departirent no later dun fifteen(15)days prior to the 0
encunnbrance deadline a above.The maximum extension of the encumbrance period shall be s° (60)days. >
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b) Encurnbrance Deadline Exception:For projects not involving contract services die Grantee and the Department shall consult on a case-
by-case basis to develop an acceptable cricuitribrance set
13. Grant Reporting Requirements. The Grantee must subiri die following reports to the Division.All reports shall document the
corrplefion ofany de` rables/tasks,expenses and ac° ' t occurred dwing that reporting period.All reports on grant progress Will be
subiritted online via wwlv.dos=�.ca
a) First Project Progress Report is due by April 30,for die period ending March 31 (first War ofthe Grard Period).
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b) Second Project Progress Report is due by July 31,for the period ending Junc 30(lirst year ofd Period).
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c} Third Project Progress Report is dry by October 31,for the period ending Septe er 30(second year ofthe Grant Period). W
) Fourth Project Progress Report is due byJanuary 31,for the period ending Decenber 31 (second year ofthe Grant Period). 0
e) Fifth Project Progress Report is due by April 30,for the period ending March 31 (second year ofthe Gr=Period). CL
f) Sixth Project Progress Reportis due byJ 31,for the period ending December 31 (second year ofthe Grant Period).
g) Seventh Project Progress Report is due by April 30,for die period ending March 31 (second year oftl Period).
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h) Final Report. The Grantee must submit a Final Report to the Division within one month ofthe Grant Period End Date set forth in ..
Section 2 above.All final reports must documant the completion ofall de` rab ks,expenses and activities that occurred by die
Grant Period Date.Tla Grantee may expend funds only for allowable costs resulting from obligations incurred during the specified
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agreement period.Expenditures of state or federal financial assistance must be in co a with the laws,rules,and regulations
applicable to expenditures of state and federal finds,including but not lirnited to,fl-iis Agreerrent,die Reference Guide for State
Expendintres,2 CFR Part 200,and d Manuat
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14. Matching Funds.Nonon-Federal matching sham 1s required for ESHPF HM4 grants.Any non-Federal share,whother in cash or in- y
UA included 6t the approved project budget is expected to be paid out at die same general rate as the Federal sham.Exceptions to this y
requirement rray be granted by the Division based an suffiriunt doe lion demonstrating previously deterniried plans for or later
cornmiurent ofeash or hi-kind contributions.In any case,the Grantee must rnect their cost share commitrrent over the fik of the award.
The Grantee must subrnit docurruntation dot the minirrurn nutchrequirerrents haw been rret and provide to the Division docurnerlation
evidencing expenses d to corrply with this mquiffernent,
15. Grant Completion Derr co le' n e is e e of ' e set fo in Section 2 above. m
Conpletion Deadline is ft date when all grant and rnatchingbeen paid out and expended or incurred in accordance with
work described in the Scope of Work,detailed Estirmted Project Budget.Ifthe Grantee finds it necessary to request an extension of
the Grant Completion DeadUnc,an Arrenchrient to the Ag=rmnt rrust be executed as per Section 7,and the stipulations in Section 16
must be rret.
16. Exte ion of t Grant Completion Deadline. extension of co ktion date t be requested at t ` (30} ys prior to
the erd of the Grant Period and nmy not exceed 120 days,uriless the Grantee can clearly dernonstrate extenuating circ es;
provided, ho►vever,that under no circurrstances rnay this Agreen-rra be extended beyond the period ofperfonnance of the Prim Award
through which dis project is kuided,An extenuating cicurmtance is one that is beyond die control ofthe Grantee,and one that prevents
tirnely co lesion of the Project such as a natural disaster,death or serious s of the individual responsible for the co lotion of
Project'litigation related to the Project'or fdikuc of the contractor or architect to provide the services for which they were contracted to
provide.An extemmfing circunritance does not inchda kilure to read or understand the adninistrative requirerrients ofa gram or failure to
raise sufficient matching fimds.Changes to the original conpletion deadline shall be valid only when requested in wrft approved by the
Division,and an Arnendment to die Agreeffent has been executed by both parties and attached to the original of this Agreement.
17. Nan-allo`rale Grant Expenditures.The Granice agrees to expend all grant funds received under this agreerrunt solely for the purposes
for which they were authorized appropriated.Expenditures shall be in conpliance with the state guideffics fora ble Project costs
as aid`oidird in the Departnmt of Financial Services'Reference Guide for State ExpeWitures(revs 3/10/2011),which am incorporated
by reference and are available online at zkmoo_aiic/-Tl-cfoflowingcategDrics ofexpenditures.are
norrallowable for expenditure of grant fitnds and as contnbutions to requiredwatch:
a) DWriditures for work not included in the Scope ofWork oft d Grant Award Agreement;
b) Costs ofgDods and services not procured in accordance with procurernent procedures set forth in the Grant Award Agreement
Chapter 287 of the Florida Statutes`,
c Expenses incurred or obligated prior to or affer the Grant Period,as indicated it the Grant Award Agreement; 0
Expenses ociat lobbying or atterrpting to influence Federal,State,or local legislation, judicial branch or any state
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agency, I
e) Expenditures for work not consistent with ft applicable historic tion standards as outlined in the Secretary of the Interior's
Standards and Guidelinesfor Archaeology and HistoricPreservation ava le online at
1MV-sA or applicable industry s ;
0 Costs for projects having as their prirmy purpose nt of Federal or State listoric preservation regulatory requirements,
specifically costs ofconsultation n d under Section 106 of the National Historic Preservation Act of CL
1966,as arnended,or under Section 267.031,F.S.;
) Projects directcd at activities or Historic Properfics that are restricted toprivate or exclusive particoation or access,which shall
iriclude restricting.aces on the bass ofsex,race,color,religion,natio torigin,disability,age,pregnancy,hardicap,or nuritalstatus; E
h) Entertainrnent,food,beverages,plaques,awards,or Offs;
_.. . ___.....m. _._ .eva..r. _.._..,
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i) Costs or value of donations or In-kind Contributions not docurrmled b accordance with the provisions of the Grant Award
Agreernont;
j) Indirect costs incluiding Grardee overhead, nt expenses, operating costs and other costs that are not readily
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idendfiable as expenditures for the nuterialses required to co lets the work identified in the Scope ofWork in the Grant
A of indirect costs include:rvWrnortgago,utilities,janitorial services,instirance,accounting, t M
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service,rrunthly expenses associated to sectirity systerns,non-grant related adrrinistrative and clerical staft nurketing,
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hindmisingactivities;
expenditures as expenditures t are directly attributable to rinanagernont of die grant-assisted Project and ri-ecting
the reportirig and associated requirements of Award Agreerrent,Whether grant expenditures or match contributions,which in
aggregate exceed 5%of the grant a
I) Grantee operational support(ie.,organization salaries not directly related to grarit activities;travel expenditures; r dien x ors );
) Insurance costs ep` n:costs for builder's risk,workers'conpensation arid contractor's liability insurance); a)
n) Capital row to non-historic properties or non-historic d" ns to a Historic Property; CL
o) CapM irprovementsto the herkir oflleligious Properties(Exception:repairs to elerrents ofthe structural systemles include:
foundation repairs,repairs to colurnris,load bearing wall Ournirg roof fianing masonry repairs,and window and exterior door repass
and restoration practices associated building envelope);
p) Accmibifity irrprown-critsfor Religious properties;
) Velticular circulation(d ' srd ° ys)within die property or from die property to surrounding streets arid parking(Exception:
provision ofcode-required handicapped parking pad(s));
r) Sidewalks,paths,vvalkuays, ape katures arid accessories,plantirig,irrigation 5-ffiterm and site lighting(Exceptions:sidewalk
required to link dw co&-rcquired handicapped parking pad(s)to die accessible entry,planti4sodding required to halt docurrrnied
erosion;prunitig,removal,or relocation oftrees posing an inmdiate threat to the historic or archaeological resource;and firnited site >
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lighting required for sec ,all ifapprvved by the Division);
s) Fences and gates(Exception:restore° n or in-kind replace nt of danuged or missing historic fences,gates,or sections of e);
t) F t.(a)Expenditures for kirniture and equipacrit including but not firrited to:desks,tables,seating, W
ants,artwork and decorations,window treatrnents,corTuters,carwras,printers, rs,appliances,c (including
cabinets,co mops,or bookshelves),new or lace nt cascwork,systc ,portable fighting fixtures,portable sound or
projection systenis,specialty fixtures and eqtipnr.M visual display mks,total stations,niovable partitions,and acoustical treatrnents
and co ants,unless speck prior approval has been granted by the Division.(b)If special equiptirents required for co le° n of die Project,Project,it shall be rented for the grant to be shown that acquiring the equipriunt is cheaper than renting the
eqWpuLtit and approval been provided by the Division as part of die doe lion presented at the tinr ofapplication.If the: E
value of special equipment is to be wed as a match contribution,the value ofthe match contribution shall be firnited to the cost of rental
for die Grant Period at flte mAct rate for such rental in die region; i
u) Costs associated attending or hosting conferences,sunmis,workshops,or presentations;
v) Travel experditures,including those ofpersonnel responsible for itC ofwork approved by the Division,adrninistrative personnel,
contracted or subcontracted eniployces,either far pLaposes of Work on-site or research ofl=site; 0
w) Acquisition of real property,and
x) Total reconstructims and maJor reconstruction projects,such as recreating a building or laridscape dmt has been coirpletely CL i
dcstroycd.
18. Unobligated and Unearned Fundsand Allovkahle Costs. In accordance widi Section 215.971,Florida Statutes,the Grantee shall
refiind to the State of Florida any balance ofumbligated kinds which has been advanced or paid toGrantee.In addition,finds paid in
excess of to which the recoient is ertkW under die temis and conditions of nt rrmt be reimded to die state
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atpricy,Further,the recipient may expend finds only for allowable costs resulting obligations incunrd during d specified a nit
period. ofstate or federal financial assistance t be in corrpliance with the laws,nks,and regulations applicable to
expenditures ofstate and federal ,including but not lirnited to,t1te Reference Guidefor State Expenditures,2 CFR Part 200,and �
die 14PF Grants Manwl
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19. Repayment. AD refivids or repayments to be nude to the Division under this Agreement are to be made payable to the order ofd-c
` nt of State" iled directly to the following address:Florida nt of State,Attention:Grards Program Supervisor,
Division of Historical Resources,500 South Bronough Street Tallahassee,FL 32399.In accordance Section 215.34(2),Florida
06
Statutes,ifa check or other draft is returned to die Department for collection,Grantee shall pay to the Department a service fee of S 15.00
or five percent(5°/®)ofthe face amount ofthe returned check or draft,whichever is greater. y
20. Single Audit Act. Each Grantee,other don a Grantec that is a State agency,shall submit to an audit pursuant to Section 215.97,Florida
Statutes.See Attachment B for additional inibmiation regarding this requirernarit. 0
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21. Retention of Accounting eca .Financial records,supporting documents,statistical records, all other recordselectronic
storage media pertinent to the Project shall be retained for a period of five(5)years after die close out oftle grant.Ifany litigation or audit
is initiated,or claim de,before the expiration of the M-year period, o shall be retained until the litiption,audk or claan has as
been resolved.
22. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records ofexpenditures,copies of reports,
books,and related documentation available to the Division or a duly authorized representative ofthe State ofFlorida for inspection at
reasonable times far the purpose ofrmking audits,examinations,excerpts,and transcripts.
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23. Obligation to Provide Public Access to Grant Records. Ilie Division reserves to unilaterally cancel this Agreement in the
event that die Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the
provisions ofChapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee must imirnediately contact fle
Divisiorfs Contract Manager for assistance if it receives a public records request related to fis Agreement.
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24. 1 nvestment of Flands ReceivedBut Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not
expended,in an interest bearing account pursuant to Section 216.l81(16)(b),Florida Statutes. Interest earned on such investments W
should be returned to the Division quartcrly,except that interest accrued less than S 100 within arry quarter may be held until the next quarter
when the accrued interest total rrore than$100. Ali interest accrued and not paid to the Division,regpidless of amourk,must be submitted
with the Grantee's final Progress Report at the eW of the Grant Period.
25. Noncompliance`pith Grant Require me nits. Any Grantee that has not submitted required reports or satisfied other administrative _
requirements for this grarit or other Division of Historical Resources grants or grants from any other Floridap nt of State S)
Division will be in noncompliance status and subject to the DOS Grants Co e Procedure.Grant conpliaricc issues t be resolved
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before a grant award agreement y be executed,and before grant payments for any DOS grant nnay be released.
26. Accounting a `re nts. The Grantee must maintain an accounting' system that provides a conipicte record of the use ofall grant funds
as follows-
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a} The accountig system must be able to specifically identify and provide audit trails that trace the receipt,maintenance,and experdilum W
of state kinds; CL
b) Accounting records t adequately ide so es and application of Raids for all grant activities and must classify and identify
grant kinds by us` budget categories that were approved in the grant application If ee's accounting system
accuniiiates data in a different fonrut than the one in lie grant application,subsidiary records t do current and reconcile lie
amounts shown n in the Grantee's accounting records to those amounts reported to the Division.
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c) An interest-bcaring checking accountor accounts in a state or federally chartered institution may be used for revenues and expenses
described in lie Scope of Work and detailed in the Estirrated Project Budget.
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d) Tim narne ofthe account(s)must include the gmt award nuirber;
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e) The Grantees accounting o t have effective control over and accountability for all hinds,property,and other assets;and M
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f} Accounting recordst be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-
audit( as' ices,bills,and canceled c ks). `a
27. Availability of Funds. The State ofF 's perlbrmance and obligation to pay under this Agreement contingent upon an annual
appropriation by the Florida Legislature,or the United States Congress in the case ofa federally Wed grant.In the event that ffe state or
federal lunds upon which nt is dependent are withdrawn,this Agreernent wil be autorratically terminated and die DWsion shall
have no fiallicer liability to the Grantee,beyond those amounts already released prior to the termination date.Such termination will not afrect
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the responsibilily of the Crafte under this Agreementas to those kinds previously dis uted. In the event ofa state revenue shortfall,the m
total grant may be reduced accordingly. CL
28. Independent Contractor Status of Grantee. Mr Cmantee,if not a state agency,agrees that its officers,agents and enployees,in
performance ofthis Agreement,shall act in die capacity of independent contractors and not as officers,agents,or eniployces of the state,
The Grantee is not entitled to accrue arry benefits ofstate errployment,including retirement benefits and any other fights or privileges
connected with enployrrent by dr State offlorida.
29. Grantee's Subcontractors. ntee sW be responsible for all work performed and all expenses incuned in connection with
Agreerrient.llc Grantee may subcontract,as necessary,to peribnn the services and to provide comniodities required by this A rt.
The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's a t(s),and die 76
Grantee shall be solely liable:to its subcontractor(s)for all expenses and liabilitiesunder its can et(s)°11x Grantee mist take
the necessarysteps to ensm that each of its subcontractors deenrd to be"independent ent contractors"contractors"and will not be considered or
pennitted to be ageiits,se ,joint veratres,or partners of ion
0. liability. Tbe Division will not assume any liability for the acts,ornissions to act,or nc ° nce oC dGrantee,its agents,servants,or
e b s;nor way the Grantee exclude liability for its own acts,ornissions to act,or negligence,to the Division
} The Grantee shall be responsible for clairns ofany nature,including bit not linied to injury,death,and property damage arising out of —
activities related to this Agreement by the Grantee,its agents,servants,erriployees,and subcontractors. The Grantee,other than a
Grantee which is thic State or thic State'# agencies or subdivisiDris,as defined in Section 768.28,Florida Statures,shall inderrfftiry am
hold die Division liarmless from any and all claim ofany nature shall investigate all such chains at its own expense.I fthe Grantee is
governed by Section 768.28,Florida Similes,it shall only be obligated in accordance with that Section i
) Neither tIr state nor any agency or s ionoftlostate waives any defense ofsovereign ininmily,or' es the lirniL5 of its
habUy,by entering. AgrecurriL 8
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c) The Division sliall not be liable for attorney fees,interest,late charges or service ,or cost ofcofiection related to this Agreement. CL¢,i
d) The Grantee shall be responsible for all work perfortred and a[l expenses d in connection with the Project.Tlc Grantee may
subcontract as necessary to perform services set forth in this Agreement,including entering into contracts with vendors for
services and co provided that it is understood by die Grantee that the Division shall not be liable:to die subcontractor
r any experisLs or habilities incurred under die subcontract and that the Grantee shall be solely liable to die subcontractor for all
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expenses and liabilities er die subcontract.
31. S °ct Compliance with Lai%s.The Cirantee shall perform all acts required by this Agreerrent in strict conformity with all applicable laws
and rc tiors ofd l gat state and fedc°rai law.
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32. No isc tion. e may not discriminate a t arry employee employed under this Agreemem or against any applicant for
employmerit becauseofrace,color,re` ' n gender,rational o ° ° alp,pregriarry,handicap or marital status.The Grantee shall insert a
similar provision in all of its subcontracts for services under this Agreement.
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33. Breach of AgreenwnL The Division wig demand the retumofgrard kmds alreadyteceived, withhold subsequett payments, or y
will to to this agreernent if the Grantee inrproperhy a to prepare,preserve or surrender records
required by this A nt,or otherwise violates this Agreement.
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3 . Terruinafion of Agree nie nt.
a) Temination by the Divisiom The Division will to to or end this Agreerrent ifthe Grantee fags to fiffil its obligations herein, In
such e,ertt,the Division will provide the Gradee a notice of its violation by loner,and shall give the Grantee fifteen(15)calendar days m
from the date ofreceipt to cure its violatiorL If the violation is not cured within the stated period, Division will teminate this —
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nt° ME notice of violation letter shall be delivered to the Chuntee's Contract Manager,persomlb4 or mailed to r
specified address by a method that provides proof ofreceipt. In the everit that the Division terminates ' e nt,the Grantee will
be compensated for any work completed in accordance with this Agreement,prior to notification oftermirmioR ifthe Division
dectrs this reasonable under&cut es. Grarg fixids previously advanced and not expended on work completed in
accordance with this Agreement shall be retumud to the Division,with irterest,within thirty(30)days after termination of this
Ag-eement. The Division does not waive any of its ` to additional damages,if grant fmds are returned under this Section.
b) Termination for convenience. The Division or the Grartee may terminate the gr=in whole or in part when both parties agree that
the continuation of die Project vmuld not produce beneficial results commensurate with the firthcr expenditure of firds.
parties will agree upon the termination conditions,including the effective date,and in the case ofpartial teminations,the portion to be
tenriinated.
c) Teffnination by Grantee. 11w Grantee may unilaterally carrel the grant at any time prior to the fist payment on the grant although
the Department must be notified in wrft prior to cancellatiorL After the irdial paynrM die Project may be terminated, i or
amended by the Grantee o by mutual agreement ofthe Grantee and the Division. Request for termination prior to completion must
detail the reasons for the action and the proposed disposition of the uncompleted work.
35. Preservation of Rentedies. No delay or omission to exercise any rdit,power,or remedy accruing to either party upon breach or
violation by either party under this AgruemcM shall i it any such right,power or y ofefther party,nor shall such delay or omission
be construed as a waiver ofarry such breach or default,or any sirrilar breach or default.
36. Non-Assignrnent of Agreernent. The Grantee may not assign,sublicense nor otherwise transkr its rights,duties or obligations under this W
Agreement td the prior written consent ofth e DivisioR which consent shall not.unrcasonably be withheld. The agreement transferce
must demonstrate compliance with the requirements of the ProjecL If the Division approves a transfer of the Granice's obligations,die 8
Grantee shall remain liable for all work performed all expenses irrurred in conniection with this Agreemord. In die event tie Legislature _
transErs the rijits,duties, obligations ofthr Division to another governmental entity pmuant to Section 20.06,Florida Statutes,or CL¢,i
otherwise, ,dutics,and obligations under this Agreement shall be tramlerred to the successor governmertal agency as if it was the
o*W party to this Agreement.
37. Requimd Procurement Procedures for Obtaining Goodsand Services. The Grantee shall provide maximurn open competition when
procuring se ' es related to the grant-assisted project in accordance w' Section 287.057,Florida Statutes,and 2 CFIL 200CL
as appropriate.
38. Conflicts of Interest. 77e cc hereby certifies that it is cognizant ofthe prohibition ofconflicLs of interest described in Sections
112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain a business or other relatiorsltip,with any
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employee ofthe Department of State that would violate those provisions.In add'° n,no Grantee official,ernployce,or consultant who is
authorimcl in his or her official capacity to negotiate,nuke,accept,approve,or take part in decisions regaiding a contract,subcontract,or
other a nt in connection with a grant assisted project shall take part in any decision relating to such contract,subcontract or other
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agreement in which he or she has any financial or other interest,or in which his or her spouse,child,parent,or partner,or arry organization
in which he or she is serving as an officer,director,trustee,partner,or employee of which he or she has or is negotiating any arrangen-cm y
concerning employment has such interest.Grantees shall avoid circumstances prcscrft the appearance ofsurh conflict-Furthermore,the
spouse,child,parent,or partner of an officer,director,trustee,partner,or employee of the grantee shall not receive grant Rinds,unless E
specifically authorized in writirig by do General Counsel for the Department of State to avoid a p otential violation of those startles.
39. Binding of Successors. 11iis Agreement shall bird die successors,assigns and legal representatives ofthe Grantee and ofarry legal entity
that succeeds to the obligations of the Division of Historical Resources.
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. No Eniployrrient of Unauthorized Aliens. en-p)oyment ofunauthorized aliens by the Grantee is considered a violation of Section CL
274A(a)ofthe ImmigratiDn and Nationality Act Ifthe Gr&tce knowingly errpioys unauthorized aliens,such violation shall be cause for
milateral cancellation of this Agreement
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41. Severability. Ifany ierrn or provision of die Agreement is found to be illegal and unenforceable,the remainder will rumairi in fill force and
eflect,and such terim.or provision shall be deemed stricken.
42. Annericans Wth Disabilities Act. All progranis and facilitiesrelated to this Agreement must meet the standards ofSectiors 553.501-
553.513,Florida Statutes,and the Americanswith Disabilities Act of 1990 as anuncied(42 US.C. 12 10 1,et seg.),which is
incorporated herein by reference.Additionally,the use of federal finds to improve public buildings,to finance services or programs 76
contained in public buildings,or aher any building or facility ffianced in whole or in part with Federal firrids(except privately owned
residential s ),requires ca a with the 1990 Americans with Disabilities Act( A),Section 504 of the Rehabilitation Act of
1973,and the Architectuffal Barriers Act(ABA).Work done to alter the property should be in compliance with as applicable regulations
guidance.and
43. Governing U%v. This Agreerrent shall be construed,perfa enforced in all respects in accordance with the laws and rules of
Florida.Venue or locamn for any legal action arising under this Agreement wig be in Leon County,Florida.
44. Entim Agreenient. 11r entire Agreement oft he parties consists offlic following doe
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a) Ibis. Agreement
b) Estirnated Project Budget(Attachment A)
c) Sir&Audit Act rite and Exhibit I(Attachment B)
d) Federal Special Conditions(Attachniant C)
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In acknoWedgment 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 Env rgency Supplemental Historic PRservation Find Grant
from the NPS,I hereby certffy that 1 have read this entire Agreement,and W11 comply Wth all of its requirements.
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DeparOwnt ofState:
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BY,. __ _ Y
Tirnothy A.Parsons,Division Director Amhormng Official for the Grantee m
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is Typed twe and title
DaEcMONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
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A
ISTANT COUNTY ATTORNEY
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ATrACHMENTA
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Estinuted Project Budget y
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Description Grant Funds Cash Match In Kind Match
Repair Foundations and Floor Framing $68,056 $0 $0
m
Lift/Relocate $68,056 $0 $0
..._ - _ .......
Exterior Siding Restoration $51,042 $0 $0
0
Window Restoration $51,042 $0 $0
Roof Restoration $51,042 $0 $0
M _ ....... ..... -----
Porch Restoration $51,042 $0 $0
0
Architectural/Engineering Services $26,246 $0 $0 >
Contractor Fees $112,264 $0 $0
NRHP Listing Update $3,760 $0 $0 W
Totals $482,550 $0 $0
...... - �. .......... ......... .......
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ATTACIMENT13
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FLORIDA SINGLE AUDIT ACT REQUMEMENTS
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AMITREQMEMENIS
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The adninistration ofrusources awarded by die Departrrent of State to the Ckantee may be subject to audits or monitoring by Or a)
Deparuncrit of State as described in dis Addendumto the Grant Award Agreemant. CL
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MQN—M-MING
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In addition to reviews ofaudits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements,and section 215. 7,Florida Sta es
(F.S.),as revised(sec A I low),monitoring procedures y include,but not be linied to,on-site visits by Depamnent of State sta
limited scope audits as defined by 2 CFR§200.425,or odier procedures. entering into ft agreement,Or ip nt agrees to conply and
cooperate with any monitofirgprocedures or processes deerred appropriate by die Departmentof State.In the event the Department of State
detennines that a knited scope audit ofdr recipient is appropriate,the recipient agrees to conply with any additional instructions provided by
l3cpartmont of State staff to the recipient regarding such audit.The recipient firther agrees to coriply and cooperate with any inspections,reviews,
invcsti�ptions,or audits deenud necessaryby the ChiefFinancial Officer(CFO)or Auditor General.
Part 1:Federally Funded X
Mis pan is applicable if the recipient is a state or local govertirrient or a nonprofit organization as defined in 2 CFR§2 ,§200.64,and
§200.70.
I. A recipicrit that expends S750,000 or more in federal awards in its fiscal year nist have a single or pro s i audit conducted in
accordance widi die provisions of 2 CFR 200,Subpart F-Audit Requirerrents.EXHIBIT I to this agreement lists the federal resources
awarded d t die Departi-rent of State by this agruerncra.In detennining the federal awards expended in its fiscal year,die rccipirnt shall <
consider all sources of federal awards,including federal resources received fromflic Departivent of State.The detennination of of
federal awards expended should be in accordance widi the gWelines.established in 2 CFR§§2 .502-503.An audit ofthe recipient
conducted by die Auditor General in accordance with Or provisions of2 CFR§200.514 will rrect Or requirerrents offt Part.
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2. For tic audit requirements addressed in Part I,paragraph I,Or recipient shall fdfill tic rrquirurrunts relative to auditec responsibilities as CL
provided in 2 CFR§§200.508-512.
3. A recipient Out expends less than S750,000 in federal awards in its fiscal years not required to have an audit conducted accordame
widi die provisions of2 CFR 200,Subpart F-Audit Requirerwrits.If the recipient expends less than S750,000 In federal awards In its
fiscal year and elects to have an audit conducted in accordance with provisions of2 CFR 200,Subpart F-Audit Requirerrents,
cost of audit must be paid fiom non-federal resources(Le.,Or cost ofsrch an audit must be paid from recipient resources obtained CL
from olio than federal entities). ..
Tbe Intemet web addresses listed below wig assist recipients in locating doe is referenced in tic text oftlris agreenwrit and the interpretation
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ofcorTliame issms.
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U.S.Govenvinant Printing Office ivsviv.ecfr.gov
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Part :State Funded
Tliis part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S.
1. In the event that die recipient expends a total amount ofstatc financial assistance cqml to or in excess of S750,000 in any fkal yew of such U
recipient(for fiscal years ending June 30,2017,and thereafier),the recipient t have a state single or project-specific audit for such fiscal
year in accordance with section 215.97,F.S.;Rule Chapter 691-5,F.AC.,State Firiancial Assistance;and Chapters 10.550(local
govenirrarrial c °' )and 10.650(nonprofit and for-profit o ns),Rules ofthe Auditor General,EXHIBIT 1 to this a lists m
the state financW assistance awarded through the Department of State by this agreernem In determining state financial assistance
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expended in its fiscal year,the recipient shall consider all sources ofstate financial assistance,inckiding state financial assistance received W
from the p nt of State,other state agencies,and other nonstate entities. State finaricial assistance does not include federal direct or
p awards and resources received by a nonstate entity for federal pro matching req '
2. For the audit requirerrPrits addressed in Part II,paragraph I,the recipientshall ensure that the audit conplies with the requirements of
section 215.97(8),F.S,This includes submission ofa financial reporting e as defined by section 215.97(2),F.S,,and Chapters
10.550(local governmental entities)and 10.650(nonprofit and far-profit organizations),Rules of Auditor General.
3. If the recipient expends less than S750,000 in state financial assistance in its fiscal year(fbr fiscal years ending June 30,2017,and 0
thereafter),an audit corducted in accordance with the provisions ofsec` n 215.97,F.S.,is not required.If the recipient expends
S750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with die provisions of section
215.97,F.S.,the cost ofthe audit must be paid fiom the nonstate crWs resources(ie.,the cost ofsrh an audit must be paid ffom die
recipient's resources obtained from other dun state entities). `✓
The Internet web addresses listed below will assist recipients a locating docu=nLs referenced in the text of this agree agreerrent and the interpretation
ofcorrpliance issues.
State ofFbrida Deparimcrit ofFinancial Services(Chief Fi l Officer)
I cfo.cod
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State ofFlorida Le ` a (Statutes,Legislation relating to the Florida Single Audit Act)
htfiplf�°uu°.k;g state.lLu�
Part
III: Report Sidxdssiun
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1. Copies ofreporting packs s for audits conducted in accordance with 2 CFR 200,Subpart F-Audit ,and rcqtivd by Part W
1 ofthis agreenunt shall be submitted,when reqv6rad by 2 CFR§200.512,by or on behalfof the recipient directly to each ofthe following
A. The Department of State at each ofthe following addresses:
Office ofinspector General
Florida DepartmentofState
A GrayB
500 South Btunough St
TaUiassce,FL 323 -0250
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B. The Federal Audit C (FAC)as provided in 2 CFR§200.36 and§200.512
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Ile AC's wesitc provides a data entry systemreqt&W forms for submitting die s' audit reporting package.Updates to the M
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location ofthe FAC and data entry system rruy be found at the OMB website.
2. Copies of financial reporting packages required by Part H ofthis agreement shag be submitted by or on behalfofthe recoicrrt dk&to y
each of
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A. The Departtrent of State at each oftlie following addresses:
Office of Inspector General
Florida ntofState
m
R.A GrayBuilding —
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500 South Bronough St.
Tallahassee,FL 323 -0250
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B. A itor rays Office at the fo a
Auditor General
Local Goveniment AudYW342
Claude Pepper Building Room401
111 West h4adison Surer
Tallahassee,Florida 32399-1450 >
2
A itor rays website Oi s;[bWr or.Wv1)provides instructions for filing an electronic copy ofa firtancial reporting
packs .
3. Any reports, nt letters,or odier irTormation required to be submitted to of State pursuard to this agreement shall
be submitted tirmly in accordance with 2 CFR§200.512,section 215.97,F.S.,and Chapters 10.550(local gDvenumntal s)and
10.650(nonprofit and for-profs organizations),Rules ofthe Auditor General,as applicable.
4. Recipients,Wien submitting financial reporting ckages to the Departmentof State for aud1s done in accordance%viLh 2 CFR 200, �
Subpart F-A► it Requiretrents,or Chapters 10.550(local govenywrial entities) 10.650(nonprofit and for-profit organizations),
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Rules of Me Auditor Gencral,shotdd indicate the date that the reporfing package was delivered to the wcipicnt in correspondence
acco reporting package.
Part IV. Record Retention
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The recipient shall retain sufficient records dermnstrating its corrpliance with the to of die award(s)and this agreerrent for a period of five 2M
years fiom die date the audit report is issued,and shag allow the Departincrit of Late,or its&sipwc,die CFO,or Auditor General access to CL¢,i
such records upon request Tlic recipient sliall ensure that audit working papers are made available to the Depariment of State,or its designee,die
CFO,or Audkor General upon request for a period ofat Last three years kom the date die audit report is issued,unless e2dended in writing by
the nt of State.
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EXHIBIT I
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RESOURCES06
FEDERAL AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: y
Departrrent ofthe Interior,National Park Service,Emergency Supplerrental Historic Pm ovation Fund,Hmiranes Harmy,Imia,and Maws
Recovery;CFDA 15.957, S482,550
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COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS c
AGREEMENT ARE ASFOLLOWS:
As contained h 2 CFR Part 200-•Un fDnn Adrninistratim Require ,Cost Principles,and Audi Requirements for Federal Avards and the
Historic Pre rvation Fund Grants Manual
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S,.TATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT S AGREEMENT QONSIST OF
FOLLOWING:
2
MATOWG RESOURCESFUR FEDERAL PROGRAMS;
Not applicable.
S SECLTON 21&97,ELDRUDA STA
Not applicable.
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COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS:
Not applicable, 0
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ATTACM4ENTC
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FEDERAL SPECIAL CONDITIONS
EMERGENCY06
FOR SUPPLEMENTAL
IHSTORIC PRESERVATION FUND GRANT S
In addition to the terms and conditions cordaiwd in this Agreemcrit,die following federal special conditions apply to Grantee,as a Subrecipient of U
Errcrgcncy Supplemental Historic Preservation Fund,Hunicanes Harvey,1m-a,and Maria Recovery Chant fiffids fium the NationalPark Service
(NPS):
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1. Insurance and Liability.
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a) Insurance.Ilr Subrecipient shallbe required to(1)obtain liability insurance or(2)do to present fturicial resources in an °'
arnount dete sufficient by the Goveninnent to cover claim brought by third parties for death,bodily injury,property damage,or
a r loss resulting from one or mare id " activities carried out in connection with is finiincial assistance agreerrent.
b) Insured.The federal goveninrnt shall be narned as an add'° ral insured under the Subrecipieds insurance
c) IndemnificatiorL The Subrecipient]hereby agrees to° e fy the federal Epven=rA or NPS m any actor omission ofdhe
Subrecipient,its officers,cruployces,or(mcnbers,participants,agents, nta' s,agents as appropriate),(1)against third party
claim for damages arising from one or more identified acdvitics carried out in conriection with diis financial assitance agreenrnt
(2)For darnaEp or loss to gDvvnunent property res such an ac` ` ob&ion shaft s termination of this
Agreement.
The Subrecipent hereby agrees:
To purchase public and a liability e at its own expense from a responsible couripany or conpanies with a minimum
linitation ofaw ndllroo do m;y(11. t7.M per person for any one clairg and an aggregate firnitation of three nriJliorr dollarsCD
W,O .0M for any number ofelairns arift from any one incident.Tlhe policies shall name the United States as an additional
insured,shall specify that the insured dull have no right ofsubrogation against the United States for a ofarry premiums or
deductibles due thereunder,and shall specify that the imirance slahh be assumed by,be for the account oC and be at die` d's sole
risk.Prior to beginning the work a d herein die Subrecipients Il provide the NPS with confirmation ofswh insurance
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To pay the United States the fill value for all danuge to do lands or other property of die United States caused by the Subreci icm its
officers,ernployees,or representatives.
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To provide uurkers'conpensation protection to die Subrecoient officers,enployees,and representatives.
To cooperate with NPS in the investigation and defense ofany claim t rmy be filed with NPS arising out of activities ofdc
Subrecipiert,its agents,and en-ployees.
In die event ofdarnagc to or destruction ofdre buildings and facilities assigned for the use ofthe Subreci nt in%bole or in part by
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cause r,nothing herein contaired shall be deerred to require S to replace or repair the buildings or facilities.If NPS
determines in writfig after consultatbri with do Subrecipient that damage to the buildings or portions thereofrenders such buildings
unsuitable for conthwd use by the SubrecipicM NPS shall assume sob control over such buildings or portions thereof If the buildings m
or rae`°' s re Bred unsuitable for use are essential for conducting operations authorized under t>s Agreement,then failtire to
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substitute assign other facilities acceptable to the Subrecipient will constitute tannination ofthis Agreement by NP&
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Flow doiim For the purposesofthis clause,Subrecipivrit inckides such contractors,or subcontractors as,in the judgrent of the M
Subrecipient and subject to the Govenwrit's determination of suHiciency,have sufficient resotirces or mainiain adequate and 06
appropriate insurance to achieve purposes of this clause.
2. The Secretaryofthr Interior and the Coniptroller General of the United States,or their duly audiorized represerdatives,will.have access,
for the purpose of linancial or pro tic review and examiriation,to any books,docurnents,papers,and records that are pertinent to
tic rtt at all.reasonable tirres during the period ofretention in accordance wii1h 2 CFR 200.333.
3. Piroperty Utifization.AN tools,equipment,and facilities hed by NPS will be on a loan basis.Tools,equipurnt and facilities wM be
returned in the sarriz coridition received except for normal wear and tear in project use.Property managetrent standards set forth in 2 CFR m
200.310 through 200.316 apply to this A _
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4. OMB Circulars and Other Regulations.The following Federal regulations are incorporated by reference into this Ag=n=(full ten
can be found at httpJ1wwm. fr. ).
a) Adninistrative Requirements:
2 CFR Part 2 -Unifonn Administrative Requirements, Cost Principles,and Audit Requirementsfor Federal Arvards, in its
ertiret}r,
b) Deternination of lovable Cos
2 CFR,Part 2 -- Uniform Administrative Requirements, Cost Principles,and Audit gzti,•enreJrts for Federal Arva'ds,
Subpart E,
c) Audit Requirements: W
2 CFR Part 200- Unifonn Administrative Requirements, Cost Principles,and Audit Requirententsfor Federal A wards,
Subpart F.
d) Code of Fee l e atio egulato equir nts:
2 CFR Part 182&1401,` ru- ` e Requireffents fora Free Workplace",
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2 CFR Part 180&1400,'NorrProcurenent Debarnrnt and Srspers n',previously located at 43 CFR Part 42,"Goverrinwrit
wide Debaffrrit and Suspension ® roc ntp; ¢i
43 CFR 18,'New Restrictions on Lobb ' ,
2 CFR Pa,t 175,`Tra k° Vic° Protection Act of2000'; W
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FAR Clat,se 52.203-12,Paragraphs(a)and(b),Liniation on Paynrnts to Influence Certain Federal Transactions-,
2 CFR Part 25,System for Award Managcn-rnt( .S v)and Data Universal Nunbering System S);and
2 CFR Pail 170,'Wpoftig Subawards and Executive Co n".
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5. Non-Discrirnination,All activitius pursuant to this Agreement shall be inconpliance with the req nts ofFxccufiw Order 11246,as z
amended;Title V1 ofthc Civil Rights Act of 1964,as an-ended,(78 Stat.252;42 U.S.C.§§2000d Z=.)t-Title V,Section 504 oftl
Rehabilitation Act of 1973,as arrended,(87 Stat.394;29 U.S.C.§794);the AW Discrirnination Act of 1975(89 Stat.728;42 U.S.C. m
§§6101 with all other federal laws and regulations prolubiting discrirrination on grounds ofracc,color,sexwl orientation,
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national o ° ° disabilities,religion,age,or sex.
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6. Labbying Prohibition. 18 U.S.C.§1913,Lobbying prop ° ted Moneys,no part ofd appropriated by any enactment of
06
Congress shA in the absence ofexpress authorization by Congress,be used directly or indiiectly to pay for any personal service,
advertiscaunt,tele telephone,letter,printed or written matter,or other device,intended or designed to influence in any manner a y
Menber ofCongress,ajurisdiction,or an official ofany governm-Mto favor,adopt,or oppose,by vote or otherwise,any legislation, law, T)
ratification,policy,or appropriation,whether before or after the introduction of any bill,ineasure,or resolirtion proposing such legislation,
law,rafificatioR policy,or appropriation;bid this shall not prevent officers or curployces ofthe United States or of its dcpartrnents.or
agencies from comnuicating to any such Menbers or official,at his req %or to Congress or such official,through the proper official
channels,requests for legislation,law,ratification,policy,or appropriations which they deem necessary for the efficient conduct of the
public business,or from making any conniunication whose prohibition by this section m4ft,in the opinion ofthe Attorney General,violate
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the Constitution or interfere with the conduct of foreign policy,counter-inte ' r e,intelligence,or national security activities.Violations of a)
this section shall constiftle violations of sec° n 1352(a)of title 31.In d`° n to w, related res ' tiors on of -
appropriated fimds found in Div.F,§402 offt Omnbus Appropriations Act of2008(P.L. 110-161)also apply.
7. Anti-Deficiency Act.Pursuard to 31 U.S.C.§1341 nothing contained in this Agreerrent shall be construed as binding the NPS to expend
in any one fiscal year any sum in excess ofapproprartions nude by Congress,for the purposes ofd-is Agmerriont for that fiscal year,or
other obligation for the further expendhire ofnioney in excess ofsuch appropriations.
$. Minority iness Enterprise Development.Pursuant to Executive Order 12432 it is national poky to award a fidr share o fcontracts
to small and minority Ems,NPS is strongly conyritted to the objectives ofthis policy and encourages all recipients ofits Grant Agreements
to take affinriative steps to ensure such fairness by ensuring procurement procedures carried out in accordance with the Executive
Order.
9. Member of Congress.Pursuant to 41 U.S.C.§22,no Me r ofCongress shall be admitted to any share or part ofany contractor
agivearrit made,entered into,or adopted by or on behalfofthe United States,or to any benefit to arise thereupon
n
10. Agency.Tl Subrecipient is not an agent or representative oft1v United States,the Dcparttmnt ofthe Interior,NPS,or the ParV,nor win
die Subrecipicrit represent itselfas such to third parties.NPS errployces are not a@ants ofthe Subecipient and will not act on behalfofthe
Sub recipient. -
11. Non-E—xclus ivc Agreement This Agircerrent in no may restricts the Subrecoient or NPS from entering o sinilar a e ,or
particoating in sinibr activities or amingerrients,with other public or private agencies,organi2ations,or individuals.
12. Survival.Any and all provisions which,by the-n-Belves or deir nature,am reasonably e ted to be performed after the expiration or
tenrination ofths Agreerrunt shall survive and be enforceable after the expiration or temination of this c nt all liabilities,
actual or contingent,which have arisen d term of and in connection with this A nt shall s e expiration or iennination of
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13. No Employment elatio trip. nt is not intended to and shaft not be construed to create anen-ploymont relationship
between NPS and Subrucipient or its representatives.No repress of'Subrecipient shall perform n or a any decision
properly reserved by law or policy to the Federal govemniant.
14. Foreign Travel.The Subrecipient shall conplywith the provisions ofthe Fly America Act(49 U.S.C.40118).The inplan-enting
regulations afthe Fly rya Act are found at 41 CFR 301-10,131 through 301-10,143, CL
15, Publications of Results of Studies.No party will unilaterally publish a joint pubbcatiDn without consulting the other n
does not apply to popular publications of pre ' usly published technical matter.Publications pursuant to this Agreement may be produced
indcpeWcjrjy or in collabombon®vaii others;however,in all cases proper credit will be jyven to die efforts of those parties contribution to
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the publication.In the event no agreernent is reached concerning the nwwr ofpubkafion or interpretation of p y
either
publish data after due notice and submission ofthe proposed manuscr4z to the other.In such instances,the party publishing' data will 0
give due credit to the cooperation but assurre W responsibilityfor any staterrents on which there is a difference ofopirion.
06
16. Rights in Data.The Subrecoient must gram the United States ofAnrrica s ro , cable license to publish y
reproduce and use,and dispose of in arry manner and for any purpose without knitation,and to authorize or raffy publication,reproduction y
or y a rs,ofall cop le tc ' ! t produced or ca os er Agreement by Sub ° n% ° c loyees or any
individual or concern specifically employed or assigned tooriginate to ` l.
17. Retention and Access Reqtdrenrents for Records.All Subrecipient financial and programmatic records,supporting docurnents,
statistical records,and other -related records shall be rrairitained and available for access in accordance with 2 CFR Part 200.333-- r-
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200.337 and the HPF Grants Manual as
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1 Audit RequiFeinents w
a) Non-Federal entities that e $750,000 or rnored a 3=in Federal awards shall have a siri&or program-specific audit
conducted for that year in accordance with the Single Audit Act Amendrrents of 1996(3) U.S.C.§7501-7507)and 2 CFR Pi
200,Subpart F,which is available at
SI fdE63�517ccc�.3Ll3cC�(i5c5°?5051 fl dc�p2°1.2_ n�di�
) Non-Federal entities t expend less than S750,000 fora fiscal year in Federal avards are excirpt from Federal audit
for that year,but records must be available for review or audit by appropriate o las of the Federal agency,pass-through e
General Accounting Office(GAO).
c) Audits shall be a by an independent auditor in accordance with gcncrallyaccepted gDverrinrent auditing standards covering
financial audits.Additional audit requirerrents applicable to the agreement are found at 2 CFR Pan 200,Subpart F,as appLeable.
Additional information on single audits is available from the Federal Audk Cleari&use at Irttr�I/I nrster.cer�is,L�osl cl.
19. Pmeuretnent Procedures.It is a national Policy to place a fair share of'purcimses with minority business finrs.I'lic Departmont ofthe
Interior is strongly committed to ft objectives of this policy and encourages all recoients of its grants and cooperative agreements to take -
a ti%u steps to ensure such fainaLss.Positive e its shall be rnadc by recipients to utilize small businesses, d firrm,and �
won-eds business enterprises, never possblc.Subrecipients of Federal awards,shall take all ofthe following steps to firther tars goat E
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a) Froutu that small busnesses,rninarity-owned firim,and worreds business enterprise are used to the fullest extern practicable.
b) Make inforrmfion on fbrthco opportunitiesavailable and arrange firre fiarres for pwchases and contracts to encourage
facilitate participation by small businesses, o ds business enterprises.
c) Consider in the contract process w1rther furns conpeting.for kuVr contracts intend to subcontract with strull.businesses, rity- CLi
owned firim,and i%urriods business enterprises.
Encourage contracting with consortium ofsmall businesses,minorit)-owned firms and worreds business enterprises` n a contract
is too large for one Dfthese firrns to handle individuall ,
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e) Use the services and assistance,as appropriate,of such o ns as the Small Busiress Developrrient Agency in the solicitation
mid n ofsnug business,minorky-owned firrns and worneds business enterprises.
20. prohibition on Text Messaging and Using Bectrurric Equipment Supplied by the Governinent`r `le Driving.Executive Order
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13513,Federal Leadership On Reducing Text Messaging While Driving,ivas signed byPresident Barack Obanmon October I,2009.
This Executive Order introduces a Federal nt r ° e prohibition on tl use oftext iressaging-M on official business or
usingve nt plied equourm Please adopt and enforce policies that inmdiatct text rressaging while driving m
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co d or rented vehicles,gDvernrcent—owned.or leased vehicles,or while drivingprivately-owned vehicles r on official
ve nt business or wlxn peffirrning any work for or on of the governrnemy
21. Sent Belt Provision.The Subrecoient is encouraged to adopt and enforce on- job seat beft use policies and programs for their
enployces when operating co d,rented,or personally owned vehicles. se nrasures include,but are not lirnited to,
conducting education,awareness,and othor appropriate pro r their errployces about a of wearing seat belts and die
consequences of not wearing them
22. Trafficking in Persons.This teffnofaward is pursuant to paragraph ofScc° n 106 ofthe TraffickingVictirns Protections Act of
2000,as annanded(2 CFR 175.15). CL
) Provisions applicable to a recipient that is a private entity.
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1. The Recipient,its caployees,Subrecipients under this award, Sub ipients'c to ynot-
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i, Engage in severe fonTs oftrafficking,in persons during d period of tim that tic award is in effect;
ii. Procure a conymrcial sex act during die period oft"oftiim flint the award is a t;or
Use forced labor in the perronnance of the award or subawards under the award.
2. The Federal awarding agency rmy unflatemlly to tic this award,witinut penafty,if'Recoient or a Subrccipicnt that is a private
e `
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i. Is detennined.to have violated a prohibifion in paragraph a.1 of this award tic or
ii. Has an mployce wim is deternined.by die agency official authuriwd to to to the award to have violated a prohibition in
paragraph a.I of this award term through conduct that is either
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a. Associated with perforinanceLa-der this award:or
b. Inputed.to Recoient or the Subrccipicnt using Or standards process for' conduct ofan individualto an
organization that are provided in 2 CFR part 180,"OMB e` to Agencies on Gownunent wide Debanrent and
Suspension(Non-Prot nt),"as inpleimnied by our agency at 2 CFR part 1400. W
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b) Provision applicable to a Rmipicnt other than a private entity.71 Federal awarding agency rnay unilaterally to to this award,
without penalty,ifa Subrecoient that is not a privatee -
1. Is deternined to have violated an applicable prohibition in pare ph a.I ofthis award to or
2. Has an a yee wlio is detennined by die agency officW audiorizcd to to to the award to lire violated an applicable CL
prohibition in paragraph a.1 ofthis award terin ffiroLdi conduct that is cither. .
i. Associated with perfonrunce under this award;or
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ii. Irrptled to the Subrecipierd using the standards and due process for irnputing the conduct ofan individual to an organization
that are provided in 2 CFR part 180,'UMB Guidelinesto Agencies an Governirent wide Debament and Suspension
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a ),"as irplemented by our agency at 2 CFR part 1400.
c) Provisions applicable to any recipiem
1. You must idorm us' lately ofany inbrmation you receive fiom any some aLegitV a violation ofa protubition it parapuph
a.1 ofthis award to
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2. 7he Federal awarding agency right to terminate unilaterallythat is described in paragraph a.2 orb ofthis section:
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i. I le section 106(g)ofthe Trafficking Victim Protection Act of 2000 A),as arrended(22 USC§71 (g)),and a)
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u. Is in addition to all other re for noncorrphance that are available under this award, �
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3. Recoient must include die requirements ofparagraph a.1 ofthis award term in any subaward rrade to a to
} Deffihions.For purposes ofthis award term:
1. either
i. An bdivOual errpbyrd by Recoicrit or a Subrecoient who is engaged in the perfonrunce ofthe projector program under this
awards;or another person engaged in die perfonmrice ofthe project or program under this award and not conpensated by
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Recipient or Subrecoient inckding but not limited to,a volunteer or individual whose services are contributed by a third party
as an in-kind contribution toward cost sharing or ruatching requirements,
2. "Forced labor"neans labor obtained by any ofthe following ds: The recruitment,harboringrta" n,provision,or '✓
obtaining of person for labor or services,through the use of force,bud,or coercion for the purpose of subjection to involuntary
servitude,peonage,debt bondage,or slavery.
3. Trivatec .
i. Any entity other than a State,local governivent,Indian tribe,or foreign public e ° ,as those terms are defined in 2 CFK
175.25;and includes: 0
a. A nonprofit organization,including my nonprofit institutirin of higlier education,hospital,or tribal organization other than one
includedin die definkion of Indian tribe at 2 CFR 175.25(b).
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b. A for-profit organization. �
i
. "Severe forim of trafficking in persons,""cornwercial sex act,"and"coercioWhave given at section 103 oftl
TVPA,asan-ended(22 USC§7102).
23. Recipient Employee ` tle o%wr Rights and Require nient to Infonn Employees of VAdstleblower Rights.
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a) This award and employcesworkingon Us financid assistance agreement wMbe subject to the wistleblower fights and remedies in
die pilot pro on Award Recipient enployce whistleblower protections established at 41 U.S.C.§4712 by section 828 of the ;j
National Defense Authorimtion Act far Fiscal Year 2013(Pub.L 112 239).
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b) 1he Award Recoient shall irfonn its ernplo3ces.in wrft inthe predominarit language ofthe workforce,oferrployee whistleblower
riglits and protections under 41 U.S.C.§4712.
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c) The Award Recipient shall insert the substance of this clause,including this paragraph(c),in all subawards or subcontracts over the
siruplified acquisition threshold,42 CFR§52.203-17(as referenced in 42 CFR§3.908-9), y
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2 . Conflict of Interest
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a) Applicabifity.
i. This section intends to crisurc that non,-Federal entities and their employees take appropriate steps to avoid conflicts of interest in
it responsibilities under or with respect to Federal financial assistance agreernents. m
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ue Indic proc nt of'supplics,equipmont,construction,and services byrecipirnts and bysubrecipients,die coriffict ofinterest
provisions in CFR 2 .31 apply.
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b) Requirements
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i. Non-Federal entities t avoid prolibited conflicts ofinterest,including arry significant l interests that could came a
reasomble person to question the recoicirfs abRy to provide 4artial,technically sound,and objective erfo a under or
with respect to a Federal Iiiianicial assistance agreement.
u. In addition to any oilier prohibitions dkat may apply with respect to conflicts of heres4 no key official ofan actual or proposed 2
recipient or subrecipbrnt„who is substantially i hued in the proposal or project,may have been a former Federal employve
within the t one(1)year,participated persomily and substantially in the evaluation,award,or administration ofan award
respect to that recipient or subrecipient or in developunord of the requirement leading to Or funding announcement.
iii. No actual or prospective recipient or subrecoient may solicit,o or use non-public inbrmatian regLrding the mkiatioR W
award,or administration of an award to that recoicrd or subrecifrient or the developrnent ofa Fedeml financial assistance _
opportunity t may be ofconipetiffir interest to that recipient or subrecipient..
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c) Notification
i. Non-Federal entities,including applicants for financial assistance awards,must disclose in writing,any conflict of interest to the DOI
awarding agency or pass-through entity in accordance with 2 CFR 200.112,Conflicts ofInterest.
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ii. Rmi ientsnwtestabfishirAenmlcorimis thatinclude,at a miniinin procedures to idcnffy,disclose, to orclirrinate
identified conflicts of interest.The recipient is responsible for nofi ` Financial Assistance Officer in writing ofany conflicts of
interest that may ° c during dic life of Or award, se that have been reported by subrecipients.
Restrictions on Labbying.Non-Federal ertities are strictly prolibited from using finds under this gram or cooperative agreement for
lobbying activities and rrarst provide Or required certifications and disclosures pursuart to 43 CFR Part 18 and 31 U.S.0 1352.
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e) Review Procedures.The Financial Assistance Officer will examine each conflict ofinterest disclosure on die basis of its
facts and the nature of die proposed grartt or cooperative agireerrent,and will determine a significant potential conflict exists
if it does,develop an appropriate mcans for resolving it.
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EnrorcernenL Failure to resolve conflicts ofinterest it a nwmr that satisfies the Governirent inay because for temination of the
award.Failure to nuke required disclosures inny result in any of the rermclics described in CFR 200.338,Remedies for
o o e,inchiding suspension or deb nt(sec also 2 CFR Part 180).
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25. Mitrinirim Wages Under Executive Order 16 (Jan 1 y
a) Definitions.As used in this clause-
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'United States"mcans the 50 states and the District ofCo ia. W
"Worker"----
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1. Means any person engagcd is perfoming work on,or iri connection with an agmermnt covered by Executive Order 13658,and CL
i. NVhose wages under such agreements are govcrned by the Fair labor Standards Act(29 U.S.C.chapter ),the Service
Contract Labor Standards statute(41 U.S.C,chapter 67),or the Wage Rate (Construction)statute(40 U°S.C.
chapter 3 1, c pter
ii. Other than individuals enployed in a bona e executive,adnirdstrative,or professiorral capacity,as dose to defined in
29 C.F. 51,
ui. Regardless of die contractmi relationship alleged to exist between die individual and die e loyer.
2
2. Includes workers perroming on,or it connection w ' the nt whose wages are calculated t to special certificates
issued under 29 U.S.C. §214(c).
3. Also includes any person working oq or in connection ` a nt and indiviclually registered in a bona fide apprenticeship
or trahing program registered w° die Departivent of Iaboes nt and Trairiing Adniinistrzition,Office of Apprenhiceship,
or` ` i a State Apprenticeship Agency recognizedy Office ofA p ticeslvp. —
) Erecruia/e 0-der Minimum Wage rate.
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1. The Recipient shall pay to workers,while perforining in the United States,and perfortring on,or in corinection wkh,this agreermnt,
a rririirnurn hourly wa rate ofS1 .10per hour beginning] 1,2015.
2. The Recoient shall adjust the rniniinm wage paid,if necessary,begiming January 1,2016,and amm5y fl-creafler,to rnect die 0
Secretary ofLa is annual EO.ninirrurn wage,The Adninistrator ofthe Dcpammnt ofL a is Wag:and Hour Division(the _
Adirinistra,tor)will publish dcteffrfmtions it die Federal ter m later than ys before the effective date of the new CL¢,i
E .niihm wage rate.The Adrdnistmtor will also publish the applicable E.O.minirrurn wage on%vww.wdoLgGv(or any
successor Web sae)arml on all wage dete ns issued under the Service Contract Labor Stanclards statute or the Wad Rate
Requirermw(Construction)statute.The applicable published E0.rniniiam i%ug2 is incorporated by reference into this
agreernent.
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i. The Rreoient rmy request a price jam nt only after tl effective dato ofthe new annual E °tninirvurnwage detennination.
Prices will be adjusted o if labor costs inmase as a result of an increase it the annual E0.mininnurn wage,and for
associated labor costs and relecarrt subaward costs°Associated labor costs shall include increases or decreases that result E
changes it social security and unerrpbyTmnt taxes and workers'conlxnsation insurance,but will not otherwise inckide any �
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arnount for general and adninistrative costs,overhead,or profit.
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u. Subrecoients may be entitled to adjusawnts due to the new minirnummuge,pursuant to paragraph(bXii). shall
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consider any Subrecoiard requests for such price adjustirrent,
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ai. The Awarding Officer will not adjust agreement price under this clause for any costs other than those identified p T)
(b)( )(1)of this clause,and t provide duplicateprice adjustirents with any price adjustment underclauses inplernenting
the Service Contract Labor Standards statute or the Wageto Requirements(Construction)statute.
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iv. Tim Recoient%varrants that dw prices in this a do not include allowance for any contingency to cover increased costs
r which adjustment provided under this clause.
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V. Reserved CL
Vi. Reserved
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vii. The Recipientshag pay,unconditionallyto each worker,all wages due kee and clear without subsequent rebate or kickback,
TI-c Recipient y nuke deductions t reduce aworker's wages below the EO. rate only ifdonc in CD
accordance with 29 CTR§ 10.23,Deductions.
vni. The Recipient shall not discharge any part of its mirinim vmgc obligation urider this clause by or,with 0
respect to workers whose wages d by the Service Contract Labor Standards statute,the cash a lend thereof
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ix. Nothing in this clause shall excuse gslent from conpliance with applicable Federal or State prevailing wage w or
any applicable law or municipal ordinance establishing a r than die E . .However,,wage '✓
increases under such other laws or nuicipal ordinances are not subject to price adjustment under this subpart
x. The Recoient shag pay the EO.minimurniAuge rate wlicnever it is higher than any applicable collective bargaining
a nt(s)wage rate. _
A The Recipient shall follow d-a policies and procedures in 29 CRK § 10.24(b)and 10.28 for treauvent of r evs engaged in
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an occupation in wl° h they customarily regularly receive rwre dm S30 a month in s.
c)
1. This clause applies to workers as defined in p ph a).As provided in that de `° n--
i. Workers are covered regardless ofthe contractual relationship alleged toexist between the Rccipient or S rec*nz and die 0
worker,
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ii. Workers withdisabilities whose wages are calculated pursuant to special certilicates issued under 29 U.S.C.§214(c)are
covered;and
iii. Workers who are registered lea bona fide apprenticeship programortrainingprogramiregistered withthe Departrnentof
Labor's Enploynrnt and Training Administration,Office ofApprenticeship,or with a State Apprenticeship Agency recognized
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by the Office ol'Appreirticeship,are covered. z
2. THs clause dog not apply to--
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i. Fair Labor Standards Act(F A)—covered individuals peribming in connection with contracts covered by the EO.,i.e.
those individuals Who peribrm duties necessaryto die peribrinance ofthe agreement,but who are not directly d in
ific work caged for by die agruernent,and who spend less than 20 percent of their hours worked in a
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particular workweek perfoaring it connection with such a
H. Individuals exerTted kom the momrm wage requirerrents of the FLSA under 29 U.S.C.§213(a)and 214(a)and(b),unless M
otherwise covered by t-c Service Contract Labor Standards statute,or the Wage to Reqttirernents(Construction)statute,
These individuals irlude but are not linved to—
a. Learners.,apprentices,or rnessengers whose wages are calculated pursuant to specs certificates issued under 29 U S.C.
§214(a).
m
. Students whose wages are calculated to special cerfificates issued under 29 U S.C.§21 )e CL
c. Thosec in a bona fide executive, 'tra. ,or professional pacity(29 U.S.C.§213(ax I)and 29 C.F.R. §
0
part 51).
) Nonce, Recipient shag notify all workers perfonning work on,or in connection with, agreernerit ofthe applicable E.O. CD
rate under this clause.With pect to workers covered by do Service Contract Labor Staridards statute or die Wage
Rate Requirements(Construction)stattle,the Contractor rnay rimer this requirement by posting in a prorninent and accessible place at
die worksite,the applicable wage detenrination under those statutes,With respect to workers whose wages are gDveniedby the 0
FLSA,dr Recoient sliall post notice,utilizing tic poster provided by die Adninisimtor,which can be obtained at
v .doh v/ veo cts,in a pro nt accessible place at itc. of t cu to st tires to0.
,Aurkers electronically y post the notice clectronically provided d electronic posting is displayed prorniriently on any Web site that
is rmintained by die Recoicrit,wl-ether external or internal, cc to used for notices to workers about temis and corditions.of `✓
errpbyrmnt.
e) Pcr) fi o .
1. 17he Recipientshall nuke and maintain records,for dirce years after conpletionofthe work,co=ining the following info tion
for each worker.
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i. Name,address,and social security nuriber,
H. The worker's oc n(s)or c si tion(s),
The rate or rates ofwaAps paid; 0
iv. Tlw rnTkr ofdauly and weekly hours worked by each worker, CLi
v. Any deductions de;and
vi. Total paid.
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2. The Recoientshah nuke records pursuant to paragraph(e)(1)ofthis clause available for inspection and transcription by authorized
representatives of the Adrninistrator.The Recipient shall also rnake such records available upon request of the Contracting Officer.
3. 'Ile Recipient shag nuke a copy of die agreerrent available,as applicable,for inspection or transcription by authorized
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representatives of the Adrininistrator.
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. Failure to corrply with this paragraph(e)shag be a violation of29 CFR§ 10.26 and this agree agreenrm Upon direction of
06
Adrininistrator or upon the Awarding Officers own action,payment shag be ld until such tirm as the nonconpliance is
corrected.
5. Nothing in this clause linits or otherwise rinodifies the Recoient's payroU and recordkeeping obligations,if any,under the Service
Contract Labor Standards statute, Waga Rate Rcq (Construction)statute, Fart Labor Standards Act,or arry other
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applicable law.
f) access The Recip utit shag pernit authorized representatives ofdw Adiininistrator to conduct irrvestigations,inclucling interviewing
workers at the mrksite durig nomiall working hours. m
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g) Withholding.Ilm Awarding Officer,upon his or her own action or upon written request ofthe Adrininistrator,will withholdfunds or
cause fimds to be withheld, kom the Recoientunder the or any other Federal agreennent with the sarm Rccoi sufficient to pay
workers ofwages required by this clause.
) Drspules.Deparonnent of Labor has set forth in 29 CFR§ 10.51,Disputes concerning cipcnt ca e,die procedures for
resolving disputes concerning Recipient's co e with Depamincrit ofLabor regidations at 29 CFR§ 10.Such disputes shall be m
resolved in accordance with those.Ihis includes dispues between the Recipient(or any ofits S ip nts)and die contracting
agency,die Departrinent of Labor,or the workers or their representatives.
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i) Anli-retalialion. Recipient surd not dischasW or in any other nunner discirinninatea t arty worker because such worker has
d any complaint or instituted or caused to be instftuted any proceeding under or related to co e with the EO.or this clause,
or has tesffied or is about to testify in any such proceeding `✓
j) Subcontractor compliance.TIC Recoierit is responsible far Subrecipient co e with the requirenrints of this clause aid uny be
held liable for unpaid wages due Subrecipient workers.
) Submvards.Tim Recipient small include die substance ofthis clause,including this paragraph(k)in all subawards,regardless ofdollar
t are subject to the Service Contract Labor 5 statute or the Wage to Requirements(Construction)statuule,and am
to be perfunnned in whole or in part in the United States.
26. Data Availability
a) Applicability.The Departimint ofdc Interior is comnitted to basing its decisions on the best available science and providing d
American people with enough infbmmfion to t substantively evaluate the data,methodology, analysis used by die W
Departrinent to Morm its decisions. CL
i
) Use of Data.Mm regulations at 2 CFR 200.315 apply to data produced under a Federal award, provision
Federal nt has die riot to obtain reproduce,publish,or odxTwise use the data produced under a Federal award as well as
audufm others to receive,reproduce, lis%or otherwise use such data for Federal purposes.
c) Availability of Data.Tbe recilnient shall e dw data produced under this award and any a (s)available to the Governrnent CL
for public release,consistent with applicable law,to allow third evaluation and reproduction of the followig
1. Tix scientific data relied n;
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2. The analysis relied n;and
3. The methodology,including models,used to gathcr and analyze data.
27. Patents and inventions.Recipients ofagreenrris which support experimental,developmantal,or research work shall be subject to 06
applicable regulations governing patents and inventions, ° e regilafions.issued by the Department ofComrrerce
Ch
at 37 CFR 401,Rights to Inventions Made by Non-profit O tars and Small Business Firm Under Gove ,Contracts y_
and Cooperative c ts.These regulations do not apply to any agreement made prinarily for educational purposes.
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2 . Notice of Financial Management ReviewAs part of federal - ` e e its to in-prove coordination of financial management
increaseand financial accountability and transparency in the receipt and use of federal disaster fiWing,the Subrecoiert is hereby notified
that this award may be subject to h&r scrutiny. y include a requirement to submit additionaldocumentation.
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29. Unanticipated Discove tocols.Sub ipant must irnnediately stop construction in the vicinity of the afIeeted history resource and .2)
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e reasonable nmsures to avoid to the resource until die Division,Subrecipierit,or contractor,and Indian Tribes,as
appropriate,have deternined a suitable course ofactan within 15 calendar days.With die express permission of the Divisiori,tbc
Subrecoicil or contractor inay perform additional rmasures to secure die jobsite if the Subrecoient or contractor determines that
unfinished work in the vicinity ofthe affected historic property would cause safety or security corce
30. Othe r Financial Assistance 1rorn the National Park Se rvice.Work approved under this grant sball in no ray` it or preclude others
from applying for federal assistame through other programs overseen or reviewed by NPS,such as the Federal Historic Preservation Tax
Incentive for Incorre ProducingStructures.It shall be understood that approvals through this grant firding am not transferable to odr
NPS or NPS sponsored prograrns,Subrecipients should understandt work per6rined under this grant program rray` act other,,wrk
approvals.Grant kinds cannot be clairned as eligible expenses potential tax credits.
31. Stre ngtheningBuy- rican =fere ces for Infrastructure jests per .113858.Per Executive Order 113 85 8,entitled
S n Preferences for InFrastructure Projects the Subrecipcnt shall maxinize,consistent with law,tic use of iron and '✓
steel goods,products,and materials produced in the United States,for infiwiructure projects as defined by the Exectitive Order Nvirn die X
statemont ofwork includes aheration,core tan,conversion,demolition,extension,' rovenrrrt,rmintenance,reconstruction,
rehabilitation,or repair.
32. Funding for Use of Unmanned Airs ft Systc ),If Federal firding is provided to a State,Tnbal,beat or territorial
goveninent,or other non-profit orgmizafiDn,for dc use ofUAS(aka drows)as part of their scope of work,die recipicnt must have in
place policies procedures to safeguard individuaY privacy,civil rights,and civil prior to expending such funds.
F for UAS usage is eligible only in the contracting ofan experienced,licensed contractor of UAS who possesses the
appropriate license,certifications,and haining to operate UAS,The coritractors required to provide proof of liability insurance in the
operation of UAS for conmrcial use.
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33. State nient of No erla —
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a) The Ciranice cert&s tint there is no overlap in Federal Funding in terms ofactivities,costs,or time co t of key personnel,
including any application that was submitted for funding consideration to any o potergial funding source(Federal or non-Federal).
b) Ifany overlap or duplication does exist,the Grantee will alert the Division irnrediately and describe die overlap including when the
overlapping or duplicative proposal(s)were submitted,to whom(entity and program),and when Eindirig decisions are expected to be
announced. CL
34. Crininal Penalties and Fraud,Waste,&Abuse
a) Crininal Penalties.Wi ewr knowingly fully pplies,steals,or obtains by fraudor endeavors toe e funds,assets,
......:.. _....__._.,. ...,
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or properties which are the subject ofa subgrant,contract or other formi of assistance pursuant to award,or c%cr receives,
conceals or retains such finds,assets,or property with intent to convert such fiinds,assets,or property to histher use or
that such fixids,assets or property have been embezzI4 willkilly misapplied,stolen,or obtained y fraud,shall be subject to
06
Prosecution.
) Fraud,Waste,and Abuse.The subgrardce or contractor must report any credible e ' e that a principal,errployee,a nt,
contractor,subgrantee,or other person has submitted a false claim under dw False Claim Act or has committed a criminal or ci
violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct invohing grant finds. Report potential E
waste,abuse,or misconduct to:
Office ofInspector General
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U.S.Depar=nt of the Interior m
A :Intake Management Unit
381 Elden Street,Suite 3000
Herridon,VA 20170
Telephone:(800)424-5081
Fax:(703)487-5402(A :HOTLINE OPERATIONS)
35. Reporting Subaiwrds And Executive Compensation
a} po of t-tiers a
1. Applicabk.Unless you are exempt as provided p D.ofthe Prime Award teryn,you must report each action that
obligates$25,000 or more in Federal fimds that does not include Recovery Act firids(as defined in section 1512(a)(2)of the 2
American Recovery in nt Act of2009, L 111-5)for a subaward to an a (see definitions in paragraph E.of
die Prirne Award term).
2. Where and when to report
i. You must report each obbpting action described inparagraph A.l.oftlie Prim Award to to sl`,M1vtv.Csrs.
. For subaward information,report no later dun die end ofthe month Mowing the month in which the obligation was made.(For
example,ifthe obligation was made on November 7,2017,the obligation must be reported by no later thart December31,
2017.)
3. What to report.You must report the irtformatiGn about each obligating action that the subnission instructions posted at
hnps-J/www.fsrs.gov/spec`
} Reporting Total Compensation ofRecipient Executives.
1. Applicability and wbat to report.You rrmt report total co n for each of your st i` compensated executives for
the preceding completed fiscal year,if-
-i. total Federal fijrdbg a d to date under this a $25,000 or re;
ii. In die prec al year,you ce' W
a. 80 rcerrt or re ofyour l gross revenues to F eral pros nt co cis( contracts) Federal
rl assistance subject to the Transparency Act,as defiried at 2 CFR 170.320(and s );and
. S25,000,000 or rnare in annual gross revenues m Federal procurement contracts(and subcontracts) Federal
financial assistance subject to die Transparency Act,as defined at 2 CFR 170.320(and s a );and
iii. The public does not have access to iffirmation about tic con-pensation of die executives through periodic reports d under
section 13(a)or 15(d)ofdc Securities Exc1 Act of 1934(15 U.S.C.§7 a),7 of ))or section 6104 ofthe Internal
Revenue Code of 1986.(To determine ifdx public has access to die compensation inlbrrnation,see the U.S.Security and 0-
Exchange
Commission total corrpenmtion filings at J/www.scc, v` wersle a ) ..
2. Where and when to report.You must report executive total compensation described in paragraph Al.ofthe Prim Award to
i. As part of Recipient registration profile at MtpsJ/www.,;am,gov.ii By the end ofthc month fbIlowing die month in whiclithis
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award rnade,and rea r.
c) Reporting ofTotal Coqxnsation of'Subrecipient Executim.
1. Applicability and what to report.Unless you are exenipt as provided in paragraph D.of Award to for eachfirst-tier
06
subrecoient under this award,you shall report the names and total corripensation ofeach ofthe subrecipient's st highly
conipensated executives for the s rec` ient's preceding co feted fiscal year,`
i. In the s ient's preceding al year,the subrecipirtit eive
a. 80 percent or more of its annual gross revenues m Federal procurernent contracts(arid subcontracts) Federal
financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and 0
b. S25,000,OW or nure in antrual gross revemies from Federal procurement contracts(and subcontracts), Federal
financial assistance subject to the Transparency Act( s a );arid
u. ii The public does not have access to inforrnation about flic conipensation of the executives its filed under
section 13(a)or 15(d)of do Securities Exchange Act of 1934(15 U.S.C.§78m(a)),78o(d))or section 6104 ofthe Internal °CD
3
Revenue Code of 1986.(To determine if public has access to the con-pensation i0nnation,sec U.S.Security and d:
ExchangeCo lion total conpensation filings at htipY/www.sec.Epv/wnwrs/cxeconp.hun)
2. VArre and when to report.You mot report subrecipicrit executive total conpensation described in paragraph c.1.of the Prbm
Award tenvir
i. To the recipient.
ii. Bythe end of die month following duringwhich you rnake die subaward.For exainple,ifa subaward is obligated on
any to during the marith ofOctober ofa given year(ie.,between October l and 31),you must report any required
corrpensatiGn bTonmtiDn of die subrecoi=by Now er 30 of that year.
ns.
1. IC in the previous tax year,you had gross income, all so es,under$3 ,you are exernpt to
report:
i. Subawards,
ii. The total cornpensation of the five Ynost hi *conTensated executives of any subrecipicnit. '✓
e) Defiriftions.For purposes ofthis award term x
1. all oftlic fullowirg as defined in 2 CFR Part 25:
i. A Governrcerital a tioi%which is a State,local govenuinant,or Indian tribe;
ii. A foreign public e ` , _
iii. A do tic or ford nonprofit organization;
iv, A do tic or fore` for-profit a tiorr,
v. A Federal agency,but only as a subrecoient under an award or subaward to anon-Federal entity.
2. officers,nunaging partners,or any other enployces in managernerit positions.
3. 5
i. This term tricansa legal instrurnent to provide support for the performance of any portion of die substantive project or program
for whicb you received dtis award and that you as the recipient award to an eligible subrecipicint.
ii. Tic tenn includes your procuren=t of property and services needed to carry out the project or progrum The term does not W
include proc nt of incidental property and services needed to carry out the award project or program CLi
A subaward may be provided through any legal agreement,including an a rrt that you or a subrecipient considers a
contract
. Subrecoicrit"tricans an entity that:
i. Receives a subaward from you(do recipient)under this award,
ii. Is accountable-to you for the use of the Federal funds provided by the subaward.
CL
5. Total cornpensation"nrans dic cash and nonrasha value by die executive during the recipient's or subrecipient's
preceding cal year and includes do following(for mcire infum-ation see 17 CFR 229.402(c)(2)):
i. Salary bonus.
I A%vards of stock,stock options,and stock appreciation rights.Use dic dollar arnount recogilized for financial stater rent
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0
reporting purposes with respect to the fiscal year in accordance with the Staterrent ofFinancial Accomfing Standards No. 123
20 )(FAS 123 ),Shared Based Paymants.
iii. Enniings for services under does not include group lik,health hospitalization or tredical
06
reiribursetnant plans that do not discrirrinate in favor ofexecutives,and are available generally to all salaried e
iv. Change in pension value.This is&change in present value of defined benefit and actuarial pension plam
v. Above—market eamings on deferred co n which is not tax—qwHcd.
vi. Other conpensation,ifthe aggregate value ofall such other co e n(e.g.sevemme,to tion pa ,value of life E
insurance paid on behalfof the en-ployee,pLrquisites or property)for the executive exceeds S 10,000.
U
36. Reporting of Matters Related to Recipient integrity and Perfonnance
a) General Reporting Requirenunt Ifthe total value ofyour currently active ts,cooperative e procurernent contracts m
from Federal awardirg agencies exceeds S 10,000,000 for any period oftirre during the period ofperfonmwe of this Federal 2M
CL
award,then you,as the recipient, t period of firm miist maintain dw curcricy of hfbnmtiDn reported to the System for W
Award Managc=rd(S t is nude available in the designated integrity performance system(currently the Federal Awardee
Perforrvance and Integrity Information System(F IiS))about civil,criminal,or administrative proceedings described in paragraph 2
ofthe Prim Award term and condifiorL This is a statutory requircruent under section 872 of Public Law 110-417,as arrended(41
U.S.C.§2313).As required by section 3010 of Public Law 111-212,all° n posted in the designated integrityCD
C
performance system on or after April 15,2011,except past perfortrance reviews required for Federal procuremont contracts,will be
publicly available.
b) Proceedings You Must Report,Submit dic irdorrnation required about each preceding t:
I. Is in connection with die award or performance ofa grant,cooperative a nt,or procurement contract from the Federal 76
`e nt;
2. Reached its firial disposition during the mst recent five year period;and
3. Is one ofd followfig �--
i. A criminal proceeding that resulted in a conviction,as defined in paragraph 5 ofthis award term co °' n;
ii. A civil proceeding t resulted in a fiMing of fault and liability pay=nt ofa morietary fine,perlatry, nt,
restittition,or damages of$5,000 or more;
iii. An adniiistrativu proceeding as defined in paragraph 5 ofdrs award term and condition,that resulted in a finding rfauk and
liability paymont ofeither a monatary fine or penalty ofS5,000 or re;or reirrburserrent,resfittifion,or damages in
excess of$l 0;or
iv. Any other crininal,cK or administrative proceeding iF E
0
a. It could have led to an outcorre described in paragraph 2.c.(I),(2),or(3)ofthe Pfirne Award term and condition;
b. It had a different disposition arrived at by consent or con-promise with an acknowladgrnent of Fault on your part;and
c. The requirerrent in die Prim Award term condition to disclose irtformation about the proceeding does not conflict with
applicable laws and replations.
c) Reporting Procedures: ter in the SAM Entity Manzigcment area the information slat SAM requires about each proceeding described �
in paragraph 2 of the Prim Award term and condition.You do not reed to submit the n n a second firm under assistance
awards that you received if you already provided the ir&nrution through SAM because you were required to do so under Federal
procururwrit contracts that you were awarded.
d) Reporting Frequency.During airy penod oftirne n you are subject to the requirerwrit in paragraph 1 of the Prim Award teen and
condition,you must report proceed` tion dirough SAM for st recent five year period,either to report new inforrnation
about any p e i s)that you have not reported previously or affirm that there is no new inforruntiDn to report.Re4ients that have
Federal contracts,grants,and cooperative agreement awards with a cunvlative total value ter than S 10,000,000 must disclose CL
senimimlly any ifunrnation about die critninal,civil, administrative proccedit .
e) Definitions.For purposes ofthis award term and condition:
1. Adn-inistrative procceduti ,.a non-judicial process dmt is adjudicatory in nature in order to truke a detc tion of fault or
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liability(e. ,Securities and Fxchange Cornnission Adninistrative proceedings,Civilian Board ofContract Appeals proceedings,
and Anmd Services Board ofContract Appeals proceed° ).This includes proceedings at the Federal and State level but only in
connection with perfonrance of a Federal contract or grant.It does not include audits,site visits,correcdw plans,or insTection of
06
deliveralolm
2. Conviction rreans a judgment or conviction of crininal.offcme by any court of corrpetcrAj ' is° n whuther erdered upon a y
verdict or a plea,and includes a conviction entered upon a plea of nolo co ere.
3. Total vabe of currently active ,cooperative agruc nt contracts
i. O the Federal share ofunder any Federal award with a recipient cost sham or teht and 0
U
H. The value ofall expected reunder a Federal award and options,even if t yct exercised. �
0
m
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2
E
0
8
W
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Packet Pg. 1720
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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.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
O
O
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant: 06
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which y
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
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 0
of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation CD
_
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 m
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
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) O
under which application for Federal assistance is being
other
f t any oer i th d de; an , (j) e requirements o
4. Will initiate and complete the work within the applicable ma
time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the 0.
agency. application. 0.
5. Will comply with the Intergovernmental Personnel Act of 7 Will comply, or has already complied, with the
1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646)which provide for
Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination. These include but are not limited to: purchases. CL
(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. 1721
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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 in
Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and
333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.).
10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of
requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and
Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance.
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of
insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of 06
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. y
environmental quality control measures under the National
Environmental Policy Act of 1969(P.L. 91-190)and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which
facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990; rehabilitation of residence structures.(d)evaluation of flood hazards in �
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 8
compliance audits in accordance with the Single Audit W
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133, —
Act of 1972(16 U.S.C. §§1451 et seq.) CL
; (f)conformity of "Audits of States, Local Governments, and Non-Profit
Federal actions to State (Clean Air) Implementation Plans m
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 0.
wild and scenic rivers system. 0.
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
APPLICANT ORGANIZATION DATE SUBMITTED
CL
Standard Form 424B(Rev.7-97)Back
U
Packet Pg. 1722
E.8.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. y
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
0
c
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant: 06
LN
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act y
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763) relating to prescribed M
(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 0
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. CL
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
amended (42 U.S.C. §§6101-6107), which prohibits
4. Will comply with the requirements of the assistance W
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
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 CL
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. 1723
E.8.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.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable, with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593 06
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
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 8
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other W
CD
Federal laws, executive orders, regulations, and policies '®
15. Will comply with environmental standards which may be governing this program. m
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
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE N
APPLICANT ORGANIZATION DATE SUBMITTED
SF-424D(Rev.7-97)Back
CL
Packet Pg. 1724
E.8.b
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number:4040-0013
Expiration Date:02/28/2022
1."Type of Federal Action: 2."Status of Federal Action: 3." Report Type:
❑ a.contrail a.bid/offer/application ®a.initial filing
® b. rant N
9 ® b.initial award � b.material change
c.cooperative agreement El c.post-award
d.loan
e.loan guarantee
f. loan insurance
C
4. Name and Address of Reporting Entity: C
ElPrime ®SubAwardee Tier if known: 0)
C
Name C
Monroe County Board of County Commissioners
Street 1 Street 2 65
500 Whitehead Street
City LN
State Zip t8
Key WestFL: Florida 33090 �
Congressional District,if known: E
5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: C
CJ
Name
Florida Department of State �
Street 1 Street 2
R.A. Gray Building 500 South Bronough Street
City State Zip 0
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
Preservation Fund
CFDA Number,ifapplicable: 15.957
8. Federal Action Number,if known: 9.Award Amount,if known:
$
C
10. a. Name and Address of Lobbying Registrant:
Prefix First Name Middle Name
Last Name Suffix �.
Street 1 Street 2 N
City State Zip E
b. Individual Performing Services(including address ifdifferentfrom No.10a)
Prefix First Name Middle Name
Last Name Suffix
Street 1 Street 2
City State ZipCL
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: E
E
*Name: Prefix First Name Middle Name
Last Name Suffix
Title: Telephone No.: Date:
Authorized for Local Reproduction
Standard Form-LLL(Rev.7-97)
Packet Pg. 1725