04/15/2020 Agreement ' ',, Kevin Madok, CPA
?ter T
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: April 23, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. HancoC.
SUBJECT: April 15'°BOCC Meeting
Enclosed are die following items, executed on behalf of Monroe County,for your
handling:
E6 Grant Agreement with the State of Florida,Department of State, Division of
Historical Resources in the amount of$500,000.00 for repairs to the West Monello Tower Citadel
that was damaged during Hurricane Irma.There is no local match required for this grant.
E7 Grant Agreement with the State of Florida,Department of State,Division of
Historical Resources in the amount of$138,932.00,no match funds,for repairs to the Key West
Lighthouse Giftshop&Keeper's Quarters Roofs which were damaged during Hurricane Irma.
E8 Grant Agreement with the State of Florida,Department of State,Division of
Historical Resources 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.
Please be sure to provide our office with a fully executed copy once signed by the state.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT BETWEEN
THE STATE OF FLORIDA,DEPARTMENT OF STATE
AND
Monroe County Board of County Commissioners
073876757
20.h.fh.100.005
This Agreement is by and between the State of Florida,Department of State,Division of Historical Resources hereinafter referred to as the
"Division,"and the Monroe County Board of County Commissioners hereinafter referred to as the"Grantee."
The Grantee has been awarded a 2019 Hurricane Irma National Park Service Subgrant by the Division,grant number 20.h.fh.100.005 for the
Project"West Martello Citadel Hurricane Repair,"in the arnount of$$500,000(Grant Award Arnount).'the Division enters into this
Agreement pursuant to Line Item 3174,contained in the 2020 General Appropriations Act,SB 2500,Laws of Florida.The Division has the
authority to administer this grant in accordance with Section 267.0617,Florida Statutes.
Funding for this grant is provided by the Emergency Supplemental Historic Preservation Fund,Hurricanes Harvey,Irma and Maria Recovery
Grant(CFDA 15.957)awarded to the Division by the Department of the Interior,National Park Service(NPS),Federal Grant Number
P I9AP00012(the Prism Award).The Prism Award project period is March 1,2019 through March 31,2022.
Pursuant to the Prism Award,NPS awarded the Division$5,932,724 from the Emergency Supplemental Historic Preservation Fund(ESHPF),of
which$4,959,699 is available for subgrants for recovery,repair and disaster mitigation activities directed at historic properties damaged during
Hurricane Irma,incident period September 4,2017-October 18,2017.The Division desires to grant a subaward of the Prism Award to Grantee
of the Grant Award Atmunt.
In consideration of the mutual covenants and promises contained herein,the parties agree as follows:
1. Grant Purpose. This grant shallbe used exclusively for the"West Martello Citadel Hurricane Repair,"the public purpose for
which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
Grant funds will be used to repair/reconstruct the masonry walls of the tower; reconstruct the
historic arch; and update the West Martello Tower National Register of Historic Places listing.
Funds will also be used for professional arc hitec turaVengineering services.Alltasks associated with
the Project shall meet the requirements set forth in this agreement.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded.
Paymentype Payment
# T Deliverable Description Documentation Amount
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I Fixed Complete and submit an Application One(1) electronic copy of a $150,000
Price and Certificate for Payment(AIA completed Application and Certificate
Document G702) and Schedule of for Payment(AIA Document G702)
Contract Values (AIA Document and Schedule of Contract Values
G703), or their equivalents, showing at (A1A Document G703), or their
least thirty percent(30%) of the equivalents, showing at least thirty
project completed, and a project percent(30%) of the project
timeline to the Division for review and completed; One(1)project timeline
approval.
2 Fixed Complete and submit an Application One(1) electronic copy of a $150,000
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 (A1A 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 a $150,000
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 (A1A Document G703), or their
least one hundred percent(100%) of equivalents, showing at least one
the project completed, and a draft hundred percent(100%) of the
update to the NRHP listing, project completed; One(1) electronic
conforming to NRHP Bulletin 16a or copy of the draft update to the NRHP
16b as appropriate, to the Division for listing, conforming to NRHP Bulletin
review and approval. 16a or 16b as appropriate
4 Fixed Complete and submit a final update to One(1) electronic copy of the final $50,000
Price the NRHP listing, conforming to update to the NRHP listing,
NRHP Bulletin 16a or 16b as conforming to NRHP Bulletin 16a or
appropriate, to the Division for review 16b as appropriate; Single Audit
and approval. In addition, a Single Form; Final Progress Report
Audit Form shall be completed by the
Grantee and submitted along with the
Final Progress Report prior to final
payment.
Totals $500,000
c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to
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accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides
details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget
(which is incorporated as part of this Agreement and entitled Attachment A) and must be incurred during the
term of this Agreement, as stated in Section 2 of this Agreement.
2. Length of Agreement. This Agreement shallbegin on July 1,2019,and shall end June 30,2021,unless terminated in accordance with
the provisions of Section 34 of this Agreement.Contract extensions will not be granted unless Grantee is able to provide substantial written
justification and the Division approves such extension The Grantee's written request for such extension must be submitted to the Division
no later than thirty(30)days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is
signed by both parties as required in Section 7 and Section 16 of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager,named
below,will be responsible for rmnitoring its performance under this Agreement,and will be the official contact for each party.Any notice(s)
or other comnn rrications in regard to this agreement shall be directed to or delivered to the other party s contract manager by utilizing the
information below.Any change in the contact information below shall be submrftted in writing to the contract manager within 10 days of the
change.
For the Division of Historical Resources:
LauraBright Houston
Florida Departrwnt of State
RA.Gray Building
500 South Bronough Street
Tallahassee,FL 32399
Phone:850.245.6355
Email:laura.brighthouston@dos.myflorida.com
For the Grantee:
Contact:Monroe County Board of County Commissioners
Address:1100 Simonton St. Room 2-216 Key West Florida 33040
Phone: 305.292.4427
ErmA: Erickson-Breanne@MonroeCounty-FL.Gov
4. Grant Payments. All grant payn-cnts are requested online via www.dosg ants.comby submitting a payn-cnt request with documentation
that the deliverable has been completed and documentation evidencing all expenses incurred in achieving the completion of the deliverable.
The total grant award shall not exceed the Grant Award Armunt,which shall be paid by the Division in consideration for the Grantee's
minuYnumperform rice as set forth by the terms and conditions of this Agreement.The grant payment schedule is outlined below:
a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement.
b) All payments will be made in accordance with the completion of those Deliverables.
5. Electronic Payments. The Grantee can choose to use electronic fwids transfer(EFT)to receive grant payments.All grantees wishing to
receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Depa rtrment of
Financial Services(DFS).If EFT has already been set up for the organization,the Grantee does not need to submit another authorization
form unless the organization has changed bank accounts.The authorization form is accessible at
http1/www.rnvfl ndacfo.coniDivision/AA/Forrs/DFS-Al-26E.pd£
6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of
Florida that maybe subject to 1099 reporting.DFS must have the correct Taxpayer Identification Number(TIN)and other related
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information in order to report accurate tax information to the Internal Revenue Service(IRS).To register or access a Florida Substitute
Form W-9 visit http://www.flvendor.mvfl ndacfo.corr.A copy of the Grantee's Florida Substitute Form W-9 must be submitted to
the Division,as required,in advance of or with the executed Agreement.
7. Amendment to Agreement.Either party may request modification of the provisions of this Agreement by contacting the Division to
request an Amendment to the contract.Changes which are agreed upon shall be valid only when in writing,signed by each of the
parties and attached to the original of this Agreement.If changes are implencnted without the Division's written approval,the
organization is subject to noncompliance,and the grant award is subject to reduction,partial or complete refund to the State of Florida and
termination of this Agreencnt.
8. Financial Consequences. The Depa.mtrnent shall apply the fallowing financial consequences for failure to perform the mini rnunlevel of
services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes.
a) Payrrrnts will be withheld for failure to complete services as identified in the Scope of Work and Deliverables,provide documntation
that the deliverable has been completed,or demonstrate the appropriate use of state or federal fiarxls.
b) If the Grantee has spent less than the Grant Award Amount in state or federal funds to complete the Scope of Work,the final payment
will be reduced by an amount equal to the difference between spent state or federal dollars and the Grant Award Amount.
c) Payrr ents will be withheld for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the
Interior's Standards and Guidelines for Archaeology and Historic Preservation available online at
httlrs//www.nps.aov/subjects/historicpresemvation/standards.htm or applicable industry standards
The Division shall reduce total grant funding for the Project in direct proportion to any required match contributions not rr et by the end of
the grant period.This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the
Agreernent and rnnitiplying the product by the Grant Award Armunt indicated in the Agreernent.Pursuant to Section 18,Grantee shall
refiarxl to the Division any excess fiarxls paid out prior to a reduction of total grant finding
9. Additional Special Conditions.
a) For all projects involving development activities , the following special conditions apply:
i. All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines for Archaeology and
Historic Preservation available online at baps://wwwjMs.Wy/subjects/historicpreservation/standards.htm.
ii. The Grantee shall provide photographic documntation of the restoration activity.Guidelines regarding the photographic
documentation are available online athtlpsV1dos.mvflorida.corabistoric at/rants/special-c ate gory-erants/
iii. Architectural Services
A. All projects shall require contracting for architecturaVengineering services.
B. The Grantee may request a waiver of this requirement from the Division if they believe that the architecturaVengineering services
are not needed for the Project.The Division shall make a recomarndation to the Grantee after review ofthe proposed work.
iv. Architectural Documents and Construction Contracts
The Grantee shall submit the architectural services contract to the Division for review and approval prior to final execution.In
addition,pursuant to Section 2 67.031(5)(i),Florida Statutes,the Grantee shall submit architectural planning docun-cnts to the
Division for review and approval at the following stages of developront:
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A. Upon completion of schematic design;
B. Upon completion of design development and outline specifications;and
C. Upon completion of 100%construction documents and project manual,prior to execution of the construction contract.
v. For the construction phase of the Project,in addition to the review submissions indicated above,a copy of the construction
contract must be submitted to the Division for review and approval prior to final execution.Division review and approval of said
contracts shall not be construed as acceptance by or imposition upon the Division of any financial liability in connection with said
contracts.
vi. For projects involving ground disturbance(examples include:historic budding or structure relocation,grading and site work,
installation of sewer and water lines,subgrade foundation repairs or damp proofing,construction ofnew foundations and installation
of landscape materials),the Grantee shall ensure that the following requirements are included in all contracts for architectural and
engineering services:
A. Ground disturbance around historic buildings or elsewhere on the site shall be rnhhiized,thus reducing the possibility of damage
to or destruction of significant archaeological resources.
B. If an archaeological investigation of the Project site has not been completed,the architect or engineer shall contact the Division
for assistance in determining the actions necessary to evaluate the potential for adverse effects of the ground disturbing activities
on significant archaeological resources.
C. Significant archaeological resources shall be protected and preserved in place whenever possible.Heavy machinery shall not be
allowed in areas where significant archaeological resources maybe disturbed or damaged.
D. When preservation of significant archaeological resources in place is not feasible,a mitigation plan shallbe developed in
consultation with and approved by the Division's Compliance Review Section(contact information available online at
www.fiheritae com).The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary
of the Interiors'Professional Qualification Standards for Archaeology.
E. Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review
Section for review and approval This documentation shall conform to the Secretary of the Interior's Standards for
Archaeological Documentation,and the reporting standards ofthe Compliance Review Section set forth in Chapter IA-46,
Florida Administrative Code.
F. All Historic Preservation Fund(HPF)fiKided grants are subject to the requirements of the National Environmental Policy Act
(NEPA)of 1969,as amended. See Section 1 Lc)of this agreement.
vii. NPS Review of Planning/Design Documents for Conformance to the Secretary of the Interior's Standards.In addition to
Division requirements for development projects described above,the following must be submitted to NPS prior to the beginning of
grant assisted development work:
A. a site plan that has the north direction clearly marked
B. a city/county map with the site of the property clearly labeled
C. set ofplans and specifications for the project
D. photographs(or digital images)of all exterior elevations of the building or site,with views identified and oriented and keyed to
the site plan.
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E. interior photographs of all major rooms and those involved in the project,labeled and keyed to a floor plan
F. any additional information that will better enable a technical review of the project to be completed hike historic photographs,
historic structure reports,budding studies,etc.
Documents for the entire undertaking must be submitted to NPS for its review and approval to ensure conformance with the
Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation,and with the conditions listed in
this Grant Agreement.Work that does not comply with these Standards in the judgment of NPS will not be reimbursed,and may
cause the grant to be terminated and funds deobligated.
b) For all projects involving survey activities,the following special conditions apply:
i. The Grantee shall submit survey project contracts to the Division for review and approval prior to execution.
ii. A lA 32 permit must be obtained from the Bureau ofArchaeological Research prior to the beginning of fieldwork conducted in
state lands and a copy submitted to the Division,if applicable.
iii. For historical structure and archaeological survey projects,the Grantee shall follow the historic structure and archaeological survey
guidelines as outlined in the documents found online at https//dos.myflorida.comhistoricaVWm is/small matcbhr-erants/.The
survey report shall conform to Chapter IA-46,Florida Administrative Code.
iv. For all HPF fixixled grants,archaeological collections and accompanying data and records must be curated in a repository meeting
contemporary professional standards,the Secretary's"Standards for Archaeology and Historic Preservation,"and 36 CFR 79
except when other disposition is required by 43 CFR 10,the regulations for the Native American Graves Protection and
Repatriation Act(25 U.S.C.3001). However,the costs ofongoing curation are not allowable for HPF grant assistance.
c) For all projects involving National Register norninations or updates,the following special conditions apply:
i. The Grantee shall consult with Division staff for development of the nomination text.Nominations must conform to National
Register of Historic Places Bulletin 16a or 16b,as appropriate:htlpsl/www.nps.gQy/ /publications/
ii. The Grantee shall submit national register nomination project contracts to the Division for review and approval prior to execution.
d) NPS Concurrence with Selection of all Consultants and Contractors. For any project type,prior to notifying consultants oftheir
selection,documentation of a competitive consultant selection process,along with its justification and resutre(s)for consultant(s)
selected for grant-assisted work must be provided to the Division for submission to NPS for approval.Consultant/contractor(s)must
have the requisite experience and training in historic preservation or relevant field to oversee the project work.All consultants and
contractors must be competitively selected and documentation of this selection must be maintained by the Grantee and be made readily
available for examination by the NPS.Federal contracting and procurement guidance can be found in 2 CFR 200.318.Maxirr unrates
charged to this grant may not exceed 120%of a Federal Civil Service GS-15,step 10 salary per project location.Current salary
tables can be found on the Office of Personnel and Management website:htlpsl/www.opmgov/policy data-oversieht/nav-
leave/salaries-wa ems/.
e) Emergency Supplemental Historic Preservation Fund,Hurricanes Harvey,Irma,and Maria Recovery(ESHPF HIM)Grant
Subrecipients must execute the following federal forms prior to Division execution of the Grant Award Agreement and release of the
grant fim-ids:
i. Standard Forn424B,Assurances—Non-Construction Programs
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ii. Standard Form424D,Assurances—Construction Programs
U Standard Form LLL,Disclosure of Lobbying Activities
f) Emergency Supplemental Historic Preservation Fund,Hurricanes Harvey,Irma,and Maria Recovery(ESHPF HIM)Grant
Subrecipients must comply with the Federal Special Conclitions contained in Attachnrent C.
10. Public Endorsements and Acknowledgement of Grant Funding.Pursuant to Section 286.25,Florida Statutes,and ESHPF HIM
Grant Program requirements:
a) Public Information,Endorsements,and Press Releases.
i In publicizing advertising or describing the sponsorship of the program the Grantee shall include the following statement:`Albs
project is sponsored in part by the Department of State,Division of Historical Resources and the State of Florida."Any variation in
this language must receive prior approval in writing by the Division.
ii. Grantee shall not publicize or otherwise circulate promotional material(such as advertisements,sales brochures,press releases,
speeches,still and motion pictures,articles,manuscripts or other publications)which states or implies governtmntal,Departmental,
bureau,or govemnrent employee endorsement of a business,product,service,or position which the Grantee represents.No
release of information relating to this award may state or imply that the Goveriunent(state or federal)approves of the Grantee's
work products or considers the Grantee's work product to be superior to other products or services.
A. All information submitted for publication or other public releases of information regarding this project shall cany the following
disclainrer:
Partially funded by the Emergency Supplemental Historic Preservation Puna National Park Service,Department
of the Interior.Any opinions,findings,and conclusions or recommendations expressed in this material do not
constitute endorsement or necessarily reflect the views of the Department of the Interior or U.S. Government.
B. Grantee must obtain prior Goveriunent approval for any public information releases concerning this award which refer to the
Department of the Interior or any bureau or employee(by name or ale).The specific text,layout photographs,etc.of the
proposed release must be submitted with the request for approval.Grantee must provide a digital copy of any public
information releases concerning this award.
C. As stipulated in 36 CFR Part 800,public views and comments regarding all Federally-fixixled undertakings on historic
properties must be sought and considered by the authorizing Federal agency.Therefore,the Grantee is required to post a press
release regarding the undertaking under this grant in one or more of the major newspapers or news sources that cover the area
affected by the project within 30 days ofreceiving the signed grant Agreement.A copy of the posted release must be submitted
to the Division for provision to NPS within 30 days of the posting.
D. The Grantee must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough
manner so that the Division or the Florida Department of State,or NPS,Department ofthe Interior,Congressional or other
Federal officials can attend if desired.
E. Copies of all press releases must be provided to NPS.
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b) Requirement for Project Sign/Notificatiion.lhe Grantee must create public notification ofthe project in the form of a project sign,
website posting,and proper credit for announcetnrnts and publications as appropriate. Signage/notification must be submitted to the
Division for approval in advance.Also the sign/notification must be ofreasonable and adequate design and construction to withstand
weather exposure;be of a size that can be easily read from the public right-of-way;and be maintained in place throughout the project
term.At a minimums all notifications must contain the following statement:
"[Project Name]is being supported in part by an Emergency Supplemental Grant from the Historic Preservation Fund administered by
the National Park Service,Department ofthe Interior."
Additional information briefly identifying the historical significance of the property,recognizing other contributors,or use of the
allowable logo(with approval)is encouraged and permissible.
Photographic documentation of the sign/notification mast be submitted to the Division.The cost of fabricating and erecting notification
is an eligible cost for the grant.Routine maintenance costs of project signs are not allowable project costs.
c) Deliverables/Publications.The Grantee mast include acknowledgment ofgrant support from the Historic Preservation Fund(HPF)
ofthe NPS,Department of Interior,in all deliverables,press,and publications concerning NPS grant-supported activities as
referenced in the Scope of Work.
i. One digital copy of any deliverable/publication mast be fiarnished to the Division for submission to NPS within 90 calendar days of
the expiration of this Agreement.All deliverables must contain the following disclaimer and acknowledgement:
This material was produced with assistance from the Emergency Supplemental Historic Preservation Fund, administered
by the National Park Service,Department of the Interior.Any opinions,Endings, and conclusions 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.
ii. Deliverables/publications include,but are not limited to:grant project reports;books,pamphlets,brochures or magazines;video or
audio files;documentation of events,including programs,invitations and photos,websites,mobAe apps,exhibits,and interpretive
signs.
U All consultants hired by the Grantee mast be infonmd of this requirement.
iv. The Division and NPS shall have a royalty-free right to republish any materials produced under this grant.All photos included as
part of the interim and final reporting and deliverables/publication will be considered released to the Division and NPS for future
official use.Photographer,date and caption should be identified on each photo,so Division and NPS may provide proper credit
for use.
v. A digital(preferred)or physical copy of all deliverables must be available for public access.
11. Federal Compliance Requirements.All ESHPF HIM subgrant projects must comply with the following federal requirenents:
a) Compliance with Section 106.Pursuant to Section 106 ofthe National Historic Preservation Act(54 U.S.C. §306108)the NPS has
agreed that State Historic Preservation Offices(SHPOs)for ESHPF grant assistance mast initiate consultation and mast complete the
consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation(ACHP)in 36 CFR 800,
prior to the commencen-cnt of all grant-assisted construction,ground disturbance or project planning.It shall be understood that NPS
remains ultimately responsible for all findings and determination.The primary recipient(SHPO)must retain proof ofpublic notice and
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a request for consultation for every selected subgrantee in project files. Subgrantees will be required to submit documents to the SHPO
for determination of effects to historic properties.Review documentation will remain with each grantee's subgrant file until such time as
the subgrantee submits a final report and photographs for work to the SHPO to confirm that all work completed was done as required.
All documentation should conform to 800.11 ofthe 36 CFR Part 800.Documentation ofproper review by SHPO staff for compliance
with the appropriate Secretary of the Interior's Standards must be available to NPS at all times while the grant remains open.In
addition,subgrantees must comply with those recommendations stated in the HPF Grants Manual Chapter 8,Section D"Standards
Applicable to Subgrantees."Determinations ofAdverse Effect will cause terminations of subgrantee projects.In cases of cumulative
adverse effects,however,there may be a need to develop a Memorandum ofAgreement(MOA)with SHPO,NPS and ACHP.
b) Compliance with Section 110.Section 110 ofThe National Historic Preservation Act identifies the responsibility ofthe federal
agency in their treatment ofhistoric properties. Section 110(f)(54 U.S.C. §306107)clarifies the responsibility ofthe agency to
protect National Historic Landmarks(NHL)fromharm In addition,Section 110(k)(54 U.S.C. §306113)prohibits NPS from
funding any grantee or subgrantee that attempts to avoid the requirements of Section 106(see above).Grantees must nuke every
effort to fund preservation projects that do no harm or adverse effects. Should it be discovered a grantee has deliberately damaged a
property(e.g.,pre-emptive demolition)to avoid requirements,NPS must be notified to determine,in consultation with the ACHP,if
the project can proceed.
c) Requirement for NEPA Compliance.All HPF funded grants are subject to the requirements ofthe National Environmental Policy
Act(NEPA)of 1969,as amended.This Act requires Federal agencies to consider the reasonably foreseeable environmental
consequences of all grant-supported activities.As part of NPS implementation of this Act,grantees are required to notify NPS of any
reasonably foreseeable impacts to the environment from grant—supported activities,or to certify that no such impacts will arise upon
receipt of a grant award.In addition,NPS has determined that most HPF grant funds are not expected to individually or cumulatively
have a significant impact on the environment,unless the activity involves development(construction)or archaeology.For construction
or archaeology projects,the Grantee should submit an Environmental Screening Worksheet,in order to assist the NPS in
determining if a Categorical Exclusion(found in NPS Director's Order 12)can be utilized.Worksheets may be obtained at:
httpsl/www.nps.&/preservation wants/civil & s/rMorting.htmL Worksheets maybe submitted with plans and specifications if
required by the Scope of Work.
d) Requirement to Execute a Preservation Covenant/Easement.The purpose ofdevelopment grants funded through the HPF is to
preserve highly significant historic properties for this and future generations. Section 54 U.S.C. §302902 ofthe National Historic
Preservation Act requires that HPF grantees mist agree to assume,after the completion ofthe project,the total cost of continued
maintenance,repair and administration of the grant-assisted property in a manner satisfactory to the Secretary of the Interior.
Accordingly,subgrantees awarded funds for the physical preservation of a historic site shall sign a Preservation Covenant/Easement
with the SHPO in which the site is located or to a nonprofit preservation organization acceptable to the NPS.NPS approval of a
covenant/easement holder other than the SHPO must be in writing.The term ofthe covenant/easement must follow the guidance in the
HPF Manual-Chapter 6 from the end date of this agreement.The covenant/easement mist be executed by registering it with the deed
of the property.A photocopy of the executed covenant/easement,stamped registered with the deed,mist be submitted to the NPS
prior to the end of the award period ofperformance and final drawdown of funding.A copy of the covenant/easement mist be
retained by the Grantee for the duration of the covenant/easement.
A draft copy ofthe covenant/easement must be submitted to the NPS within one year for review and comment.Baseline
documentation of the character defining features of the site should be documented prior to construction through photographs.
Following the completion of all work,the preservation covenant/easement mist document the grant assisted condition of the site and
the character defining features included as part of the document registered with the deed.
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e) GIS Spatial Data Transfer. One(1)digital copy of any GIS data produced or collected as part ofthe grant fiords will be submitted
to the Division and NPS.All GIS data files shallbe in a shapefile(*.shp)or GeoDatabase format,preferably a GeoDatabase format.
Federal Geographic Data Committee compliant data set level metadata shall be submitted for each shapefile or feature class included.
All cultural resources delineated with GIS data(points,lines or polygons)should further be established in compliance with the NPS
Cultural Resource Spatial Data Transfer Standards with complete feature level metadata.Template GeoDatabases and guidelines for
creating and submitting GIS data in the NPS cultural resource spatial data transfer standards can be found at the NPS Cultural
ResotTceGISFacifilywebpage:liM2sV/www.tV s.gqWe s/cr is standards.htm Technical assistance to meet the NPS Cultural
Resource Spatial Data Transfer Standard specifications will be made available if requested.
f) The use of federal funds to improve public buildings,to finance services or programs contained in public buildings,or alter any building
or facility financed in whole or in part with Federal funds(except privately owned residential structures),requires compliance with the
1990 Aire icans with Disabilities Act(ADA),Section 504 ofthe Rehabilitation Act of 1973,and the Architectural Barriers Act
(ABA).Work done to alter the property should be in compliance with all applicable regulations and guidance.
12. Encumbrance of Funds.The Grantee shall execute a binding contract for at least a part ofthe Scope of Work by March 31 in the first
year ofthe grant period,except as allowed below.
a) Extension of Encumbrance Deadline:The encumbrance deadline indicated above may be extended by written approval of the Division.
To be eligible for this extension,the Grantee rrust demonstrate to the Division that encumbrance of grant funding and the required
match by binding contracts)is achievable by the end of the requested extended encumbrance period.The Grantee's written request
for extension of the encumbrance deadline must be submrftted to the Departwnt no later than fifteen(15)days prior to the
encumbrance deadline indicated above.The maxim m extension ofthe encumbrance period shallbe sixty(60)days.
b) Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the Department shall consult on a case-
by-case basis to develop an acceptable encumbrance schedule.
13. Grant Reporting Requirements. The Grantee must submit the following reports to the Division.All reports shall docutrent the
completion of any deliverables/tasks,expenses and activities that occurred during that reporting period.All reports on grant progress will be
submitted online via www.dosganis.com
a) F ir,t Project Progress Report is due by April 30,for the period ending March 31 (first year ofthe Grant Period).
b) Second Project Progress Report is due by July 31,for the period ending June 30(first year ofthe Grant Period).
c) Third Project Progress Report is due by October 31,for the period ending September 30(second year ofthe Grant Period).
d) Fourth Project Progress Report is due by January 31,for the period ending December 31 (second year ofthe Grant Period).
e) Fifth Project Progress Report is due by April 30,for the period ending March 31 (second year ofthe Grant Period).
f) Sixth Project Progress Repoitis due by January 31,for the period ending December 31 (second year ofthe Grant Period).
g) Seventh Project Progress Report is due by April 30,for the period ending March 31 (second year ofthe Grant Period).
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 rrust docutrent the completion of all deliverables/tasks,expenses and activities that occurred by the
Grant Period End Date.The Grantee may expend funds only for allowable costs resulting from obligations incurred during the specified
Page: 10
agreerrent period.Expenditures of state or federal financial assistance roust be in compliance with the laws,rules,and regulations
applicable to expenditures of state and federal funds,including,but not limited to,this Agreement,the Reference Guide for State
Expenditures,2 CFR Part 200,and the HPF Grants Manual
14. Matching Funds.No non-Federal matching share is required for ESHPF 141M grants.Any non-Federal share,whether in cash or in-
kind,included in the approved project budget is expected to be paid out at the sari general rate as the Federal share.Exceptions to this
requirement may be granted by the Division based on sufficient docuri-cntation demonstrating previously determined plans for or later
connn6Trnt of cash or in-bind contributions.In any case,the Grantee must reset their cost share commitment over the life of the award.
The Grantee must submit documentation that the miimm m match requirements have been met and provide to the Division docuri-cntation
evidencing expenses incurred to comply with this requirement.
15. Grant Completion Deadline. The grant completion deadline is the end date of this Agreen-cnt set forth in Section 2 above.The Grant
Completion Deadline is the date when all grant and matching funds have been paid out and expended or incurred in accordance with the
work described in the Scope of Work,detailed in the Estimated Project Budget.If the Grantee finds it necessary to request an extension of
the Grant Completion Deadline,an Amendment to the Agreement must be executed as per Section 7,and the stipulations in Section 16
roust be met.
16. Extension of the Grant Completion Deadline. An extension of the completion date roust be requested at least thirty(30)days prior to
the end of the Grant Period and may not exceed 120 days,unless the Grantee can clearly dermnstrate extenuating circumstances;
provided, however, that under no circurnstances may this Agreement be extended beyond the period ofperfonmance of the Prism Award
through which this project is fiuxled.An extenuating circurnstance is one that is beyond the control of the Grantee,and one that prevents
titmly completion of the Project such as a natural disaster,death or serious illness of the individual responsible for the completion of the
Project,litigation related to the Project,or failure of the contractor or architect to provide the services for which they were contracted to
provide.An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to
raise sufficient matching funds.Changes to the original completion deadline shall be valid only when requested in writing,approved by the
Division,and an Ammndrnent to the Agreement has been executed by both parties and attached to the original of this Agreen-ctrt.
17. Non-allowable Grant Expenditures.The Grantee agrees to expend all grant funds received under this agreen-cnt solely for the purposes
for which they were authorized and appropriated.Expenditures shallbe in compliance with the state guidelines for allowable Project costs
as outlined in the Department of Financial Services'Reference Guide for State Expenditures(revised 3/10/2011),which are incorporated
by reference and are available online at http//www.myfloridacfo.corr aadir/reference euide/.The following categories of expenditures are
non-allowable for expenditure of grant funds and as contributions to required match:
a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement;
b) Costs of goods and services not procured in accordance with procurerrent procedures set forth in the Grant Award Agreernt and
Chapter 287 of the Florida Statutes;
c) Expenses incurred or obligated prior to or after the Grant Period,as indicated in the Grant Award Agreernt;
d) Expenses associated with lobbying or attempting to influence Federal,State,or local legislation,the judicial branch,or any state
agency,
e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's
Standards and Guidelines for Archaeology and Historic Preservation available online at
httpsl/www.nps.g v/subjects/historicpreservation/standards.htmorapplicable industry standards;
f) Costs for projects having as their primary purpose the f Alillrmnt of Federal or State historic preservation regulatory requirements,
specifically,costs of consultation and mitigation n-rasures required under Section 106 of the National Historic Preservation Act of
1966,as amended,or under Section 267.031,F.S.;
g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access,which shall
include restricting access on the basis of sex,race,color,religion,national origin,disability,age,pregnancy,handicap,or rmarital status;
h) EntertairrnreM food,beverages,plaques,awards,or gifts;
Page:11
i) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award
Agreenent;
j) Indirect costs including Grantee overhead,management expenses,general operating costs and other costs that are not readily
identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant
Award Agreement.Examples of indirect costs include:rent/mortgage,utilities,janitorial services,insurance,accounting internet
service,monthly expenses associated to security systems,non-grant related administrative and clerical stafmg marketing and
fundraising activities;
k) Administrative expenditures such as expenditures that are directly attributable to management of the grant-assisted Project and meeting
the reporting and associated requirements of the Grant Award Agreement,whether grant expenditures or match contributions,which in
aggregate exceed 5%of the grant award amount;
1) Grantee operational support(ie.,organization salaries not directly related to grant activities;travel expenditures;per diem;or supplies);
m) Insurance costs(Exception:costs for builder's risk,workers'compensation and contractor's liability insurance);
n) Capital improvements to non-historic properties or non-historic additions to a Historic Property,
o) Capital improvements to the interior of Religious Properties(Exception:repairs to elements of the structural system Examples include:
foundation repairs,repairs to colurrnns,load bearing wall framing,roof framing masonry repairs,and window and exterior door repairs
and restoration practices associated with the bolding envelope);
p) Accessibility improvements for Religious Properties;
q) Vehicular circulation(drives/driveways)within the property or from the property to surrounding streets and parking(Exception:
provision of code-required handicapped parking pad(s));
r) Sidewalks,paths,walkways,landscape features and accessories,planting irrigation systems and site lighting(Exceptions:sidewalk
required to link the code-required handicapped parking pad(s)to the accessible entry,planting/sodding required to halt docutmnted
erosion;pruning removal,or relocation of trees posing an immediate threat to the historic or archaeological resource;and limited site
lighting required for security,all if approved by the Division);
s) Fences and gates(Exception:restoration or in-kind replacement of damaged or missing historic fences,gates,or sections of these);
t) Furniture and Equipment.(a)Expenditures for iumiture and equipment including but not limited to:desks,tables,seating rugs and
mats,artwork and decorations,window treatments,computers,cameras,printers,scanners,appliances,case goods(including
cabinets,countertops,or bookshelves),new or replacement casework,systems'fiuniture,portable lighting fixtures,portable sound or
projection systems,specialty fixtures and equipment,visual display units,total stations,tmvable partitions,and acoustical treatments
and components,unless specific prior approval has been granted by the Division.(b)If special equipment is required for completion of
the Project,it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the
equipment and approval has been provided by the Division as part of the documentation presented at the titm of application.If the
value of special equipment is to be used as a match contribution,the value of the match contribution shall be limited to the cost ofrental
for the Grant Period at the market rate for such rental in the region;
u) Costs associated with attending or hosting conferences,summits,workshops,or presentations;
v) Travel expenditures,including those ofpersonnel responsible for items ofwork approved by the Division,administrative personnel,
contracted or subcontracted employees,either for purposes ofwork on-site or research off-site;
w) Acquisition ofreal property,and
x) Total reconstructions and major reconstruction projects,such as recreating a budding or landscape that has been completely
destroyed.
18. Unobligated and Unearned Ftmds and Allowable Costs. In accordance with Section 215.971,Florida Statutes,the Grantee shall
refwnd to the State of Florida any balance ofuiobligated fiords which has been advanced or paid to the Grantee.In addition,fiords paid in
excess of the ammunt to which the recipient is entitled under the terms and conditions of the Agreement must be refunded to the state
agency.Further,the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement
period.Expenditures of state or federal financial assistance must be in compliance with the laws,rules,and regulations applicable to
expenditures of state and federal finds,including but not limited to,the Reference Guide for State Expenditures,2 CFR Part 200,and
the HPF Grants Manual
Page: 12
19. Repayment. All refunds or repaynrents to be made to the Division under this Agreement are to be made payable to the order of the
"Department of State"and mailed directly to the following address:Florida Department of State,Attention:Grants Program Supervisor,
Division of Historical Resources,500 South Bronough Street Tallahassee,FL 32399.In accordance with Section 215.34(2),Florida
Statutes,if a check or other draft is returned to the Department for collection,Grantee shall pay to the Department a service fee of$15.00
or five percent(51/o)ofthe face amount ofthe returned check or draft,whichever is greater.
20. Single Audit Act. Each Grantee,other than a Grantee that is a State agency,shall submit to an audit pursuant to Section 215.97,Florida
Statutes. See Attache rent B for additional information regarding this requirement.
21. Retention of Accounting Records.Financial records,supporting documents,statistical records,and all other records including electronic
storage media pertinent to the Project shall be retained for a period of five(5)years after the close out of the grant.If any litigation or audit
is initiated,or claim made,before the expiration of the five-year period,the records shall be retained until the litigation,audit,or claim has
been resolved.
22. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records of expenditures,copies ofreports,
books,and related docutrentation available to the Division or a duly authorized representative of the State of Florida for inspection at
reasonable times for the purpose ofnuking audits,examinations,excerpts,and transcripts.
23. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the
event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee must immediately contact the
Division's Contract Manager for assistance if it receives a public records request related to this Agreement.
24. Investment of Funds Received But 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 216.181(16)(b),Florida Statutes. Interest earned on such investrwnts
should be returned to the Division quarterly,except that interest accrued less than$100 within any quarter may be held until the next quarter
when the accrued interest totals tmre than$100. All interest accrued and not paid to the Division,regardless of amount,must be submitted
with the Grantee's final Progress Report at the end ofthe Grant Period.
25. Noncompliance with Grant Requirements. Any Grantee that has not submitted required reports or satisfied other administrative
requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Depa rtlnent of State(DOS)
Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure.Grant compliance issues must be resolved
before a grant award agreement may be executed,and before grant payments for any DOS grant may be released.
26. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds
as follows:
a) The accounting system must be able to specifically identify and provide audit traits that trace the receipt,maintenance,and expenditure
of state funds;
b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify
grant funds by using the same budget categories that were approved in the grant application.If Grantee's accounting system
accuniu ates data in a different format than the one in the grant application,subsidiary records mist document and reconcile the
ammunts shown in the Grantee's accounting records to those amounts reported to the Division.
c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses
described in the Scope of Work and detailed in the Estimated Project Budget.
Page:13
d) The nay of the account(s)frust include the grant award number;
e) The Grantee's accounting records niust have effective control over and accountability for all fiuxls,property,and other assets;and
I) Accounting records niust be supported by source documentation and be insufficient detail to allow for a proper pre-audit and post-
audit(such as invoices,bills,and canceled checks).
27. Availability of Rutds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual
appropriation by the Florida Legislature,or the United States Congress in the case of a federally funded grant_In the event that the state or
federal funds upon which this Agreement is dependent are withdrawn,this Agreement will be automatically terminated and the Division shall
have no further liabi ity to the Grantee,beyond those amounts already released prior to the termination date. Such termination will not affect
the responsibility of the Grantee under this Agreement as to those fiuxls previously distributed. In the event of a state revenue shortfall,the
total grant may be reduced accordingly.
28. Independent Contractor Status of Grantee. The Grantee,if not a state agency,agrees that its officers,agents and employees,in
performance of this Agreement,shall act in the capacity of independent contractors and not as officers,agents,or employees of the state.
The Grantee is not entitled to accrue any benefits of state employment,including retirement benefits and any other rights or privileges
connected with employment by the State of Florida.
29. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this
Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide com wdities required by this Agreement.
The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s),and the
Grantee shall be solely liable to its subcontractor(s)for all expenses and liabi ities incurred under its subcontract(s).The Grantee niust take
the necessary steps to ensure that each of its subcontractors wil be deed to be"independent contractors"and wil not be considered or
permitted to be agents,servants,joint ventures,or partners of the Division.
30. Liability. the Division wil not assutm any liability for the acts,omissions to act,or negligence o f the Grantee,its agents,servants,or
employees;nor may the Grantee exclude liability for its own acts,omissions to act,or negligence,to the Division.
a) The Grantee shall be responsible for clam of any nature,including but not limited to injury,death,and property damage arising out of
activities related to this Agreement by the Grantee,its agents,servants,employees,and subcontractors. The Grantee,other than a
Grantee which is the State or the State's agencies or subdivisions,as defined in Section 768.28,Florida Statutes,shall indent'*and
hold the Division harmless from any and all claims of any nature and shall investigate all such clam at its own expense.If the Grantee is
governed by Section 768.28,Florida Statutes,it shall only be obligated in accordance with that Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity,or increases the limits of its
liability,by entering into this Agreement.
c) The Division shall not be liable for attorney fees,interest,late charges or service fees,or cost of collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project.The Grantee may
subcontract as necessary to perform the services set forth in this AgreenrM including entering into subcontracts with vendors for
services and commodities;and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor
for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
31. Strict Compliance with Laws.The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws
and regulations of the local,state and federal law.
Page: 14
32. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement,or against any applicant for
employment because ofrace,color,religion,gender,national origin,age,pregnancy,handicap or marital status.The Grantee shall insert a
similar provision in all of its subcontracts for services under this Agreement_
33. Breach of Agreement. The Division will demand the return of grant fiuxds already received,will withhold subsequent payments,and/or
will terminate this agreement if the Grantee improperly expends and manages grant firm ds,fiils to prepare,preserve or surrender records
required by this Agreement,or otherwise violates this Agreerent.
34. Termination of Agreement.
a) Termination by the Division.The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In
such event,the Division will provide the Grantee a notice of its violation by letter,and shall give the Grantee fifteen(15)calendar days
from the date of receipt to cure its violation. If the violation is not cured within the stated period,the Division will terminate this
Agreerent. The notice ofviolation letter shallbe delivered to the Grantee's Contract Manager,personally,or mailed to his/her
specified address by a method that provides proof ofreceipt_ In the event that the Division terminates this Agreerent,the Grantee will
be compensated for any work completed in accordance with this Agreerent,prior to the notification of termination,if the Division
deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in
accordance with this Agreement shall be returned to the Division,with interest,within thirty(30)days after termination of this
Agreerent. The Division does not waive any ofits rights to additional damages,if grant funds are returned under this Section.
b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that
the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two
parties will agree upon the termination conditions,including the effective date,and in the case ofpartial terminations,the portion to be
terminated.
c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any titm prior to the first payn-cnt on the grant although
the Department must be notified in writing prior to cancellation. After the initial payn-rnt,the Project may be terminated,modified,or
an-rnnded by the Grantee only by mutual agreerr-cnt of the Grantee and the Division. Request for termination prior to completion must
My detail the reasons for the action and the proposed disposition of the uncompleted work.
35. Preservation of Remedies. No delay or omission to exercise any right,power,or ren-rdy accruing to either party upon breach or
violation by either party under this Agreement,shall impair any such right,power or ren-rdy of either party,nor shall such delay or omission
be construed as a waiver of any such breach or default,or any similar breach or default_
36. Non-Assignment of Agreement. The Grantee may not assign,sublicense nor otherwise transfer its rights,duties or obligations under this
Agreerr-cnt without the prior written consent of the Division,which consent shall not unreasonably be withheld. The agreement transferee
must demonstrate compliance with the requirements of the Project_ If the Division approves a transfer of the Grantee's obligations,the
Grantee shall remain liable for all work perforn ed and all expenses incurred m connection with this Agreernt. In the event the Legislature
transfers the rights,duties,and obligations of the Division to another govemmontal entity pursuant to Section 20.06,Florida Statutes,or
otherwise,the rights,duties,and obligations under this Agreernt shallbe transferred to the successor goverrnarntal agency as if it was the
original party to this Agreernt.
37. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maxh-um open competition when
procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes,and 2 CFR 200,
as appropriate.
38. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections
112.311 through 112.326,Florida Statutes,and afirnis that it will not enter into or maintain a business or other relationship with any
Page: 15
employee ofthe Department of State that would violate those provisions.In addition,no Grantee official,employee,or consultant who is
authorized in his or her official capacity to negotiate,make,accept,approve,or take part in decisions regarding a contract,subcontract,or
other agreement in connection with a grant assisted project shall take part in any decision relating to such contract,subcontract or other
agreenient in which he or she has any financial or other interest,or in which his or her spouse,child,parent,or partner,or any organization
in which he or she is serving as an officer,director,trustee,partner,or employee ofwhich he or she has or is negotiating any arrangement
concerning employinent has such interest.Grantees shall avoid circumstances presenting the appearance of such conflict.Furthermore,the
spouse,child,parent,or partner of an officer,director,trustee,partner,or employee of the grantee shall not receive grant funds,unless
specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes.
39. Binding of Successors. This Agreement shallbind the successors,assigns and legal representatives ofthe Grantee and of any legal entity
that succeeds to the obligations ofthe Division of Historical Resources.
40. No Employment of Unauthorized Aliens. The employment ofunauthorized aliens by the Grantee is considered a violation of Section
274A(a)ofthe Irraigration and Nationality Act.If the Grantee knowingly employs unauthorized aliens,such violation shallbe cause for
unilateral cancellation of this Agreement.
41. Seve rability. If any term or provision ofthe Agreenrnt is found to be illegal and unenforceable,the remainder will remain in full force and
effect,and such term or provision shall be deed stricken.
42. Americans with Disabilities Act. All programs and facilities related to this Agreement must met the standards of Sections 553.501-
553.513,Florida Statutes,and the Ammricans with Disabilities Act of 1990 as amended(42 U.S.C. 12101,et seq.),which is
incorporated herein by reference.Additionally,the use of federal fiuxds to improve public buildings,to finance services or progranrn
contained in public buildings,or alter any building or facility financed in whole or in part with Federal fiuxds(except privately owned
residential structures),requires compliance with the 1990 Americans with Disabilities Act(ADA),Section 504 of the Rehabilitation Act of
1973,and the Architectural Barriers Act(ABA).Work done to alter the property should be in compliance with all applicable regulations
and guidance.
43. Governing Law. This Agreement shall be construed,perfonned,and enforced in all respects in accordance with the laws and rules of
Florida.Venue or location for any legal action arising under this Agreenrnt will be in Leon County,Florida.
44. Entire Agreement. The entire Agreement ofthe parties consists ofthe following docutmnts:
a) This Agreement
b) Estimated Project Budget(Attachmmnt A)
c) Single Audit Act Requirements and Exhibit I(Attachmmnt B)
d) Federal Special Conditions(Attachment C)
Page: 16
In acknanledgnem of this grant,provided rmmfunds appropriated In Ihe For da FY2019-2020 General Appraprtallon Act and
Federal Continuing Appropriations Act,2017,P.L 115-123 and by an Ernergency Supplemental Historic Preservadon Fund Gram
from the UPS,I hereby certify dial I have rend thh entire Agreement,and n01 comply nigh nil of Ns requrerrents.
Board of County Commissioners
Dcpemma of State: Grantee: of Monroe County,Florida
BY _ -1 ei..... ___ By 4ov-dad. si .
Dr.Tamthy A.Parsons,Division Dicctor AaM Olk' firr Gmnre
4.20.2020 Mayor Heather Carruthers
Due Typed rare and title
0�/23/Pit)
Date MONROE COUNTY ATTORNEYS OFFICE
o Ira APPROVED AS TO FORM
,l��dNOVo
ASSISTANT COUNTY ATTORNEY
o n �/
4- DATE: s�i —O'S - J C I
Lai 2.c
S:
Attesr. ,KeVrnI.l dok,Clerk
•
By �
dS Deputy C erk fedi5/toto
Page:17
ATTACHMENT A
Estimated Project Budget
Description Grant Funds Cash Match In Kind Match
Repair/Reconstruct Masonry Walls $331,869 $0 $0
Reconstruct Historic Arch $55,888 $0 $0
Contractor Fees $69,791 $0 $0
ArchitecturaVEngineering Services $35,452 $0 $0
NRHP Listing Update $7,000 $0 $0
Totals $500,000 $0 $0
Page: 18
ATTACHMENT B
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration ofresources awarded by the Department of State to the Grantee maybe subject to audits and/or monitoringby the
Department of State as described in this Addendum to the Grant Award Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements,and section 215.97,Florida Statutes
(F.S.),as revised(see AUDITS below),tmnitoring procedures may include,but not be limited to,on-site visits by Department of State sta ff
]united scope audits as defined by 2 CFR§200.425,or other procedures.By entering into this agreement,the recipient agrees to comply and
cooperate with any tmnitoring procedures or processes deemed appropriate by the Department of State.In the event the Department of State
determines that a]united scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by
Department of State staff to the recipient regarding such audit.lhe recipient further agrees to comply and cooperate with any inspections,reviews,
investigations,or audits deed necessary by the Chief Financial Officer(CFO)or Auditor General.
AUDITS
Part 1:Federally Funded
This part is applicable if the recipient is a state or local goveriunent or a nonprofit organization as defined in 2 CFR§200.90,§200.64,and
§200.70.
1. A recipient that expends$750,000 or tmre in federal awards in its fiscal year must have a single or program-specific audit conducted in
accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.EXHIBIT 1 to this agreement lists the federal resources
awarded through the Department of State by this agreement.In determining the federal awards expended in its fiscal year,the recipient shall
consider all sources of federal awards,including federal resources received from the Department of State.The determination of amounts of
federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503.An audit of the recipient
conducted by the Auditor General in accordance with the provisions of 2 CFR§200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as
provided in 2 CFR§§200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance
with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the recipient expends less than$750,000 in federal awards in its
fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the
cost of the audit must be paid from non-federal resources(ie.,the cost of such an audit must be paid fromrecipient resources obtained
from other than federal entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation
Page: 19
of compliance issues.
U.S.Governrrient Printing Office www.ecfr.gov
Part ll:State Funded
d
This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such
recipient(for fiscal years ending June 30,2017,and thereafter),the recipient mist have a state single or project-specific audit for such fiscal
year in accordance with section 215.97,F.S.;Rule Chapter 69I-5,F.A.C.,State Financial Assistance;and Chapters 10.550(local
govemrriental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General EXHIBIT 1 to this agreement lists
the state financial assistance awarded through the Department of State by this agreement.In determining the state financial assistance
expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of State,other state agencies,and other nonstate entities. State financial assistance does not include federal director
pass-through awards and resources received by a nonstate entity for federal program matching requirements.
2. For the audit requirements addressed in Part 11,paragraph 1,the recipient shall ensure that the audit complies with the requirements of
section215.97(8),F.S.This includes submission of financial reporting package as defined by section 215.97(2),F.S.,and Chapters
10.550(local govenunental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30,2017,and
thereafter),an audit conducted in accordance with the provisions of section 215.97,F.S.,is not required.If the recipient expends less than
$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section
215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources(ie.,the cost of such an audit must be paid from the
recipient's resources obtained fromother than state entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation
of compliance issues.
State ofFlorida Department of Financial Services(Chief Financial Officer)
httlrl/www.mvfloridacfo.coni
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)
htlpl/www.leg stateAus/
Part IH: Report Subnission
1. Copies ofreporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements,and required by Part
I of this agreement shall be submitted,when required by 2 CFR§200.512,by or on behalf of the recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Office of Inspector General
Florida Department of State
R A.Gray Building
500 South Bronough St.
Tallahassee,FL 32399-0250
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B. The Federal Audit Clearinghouse(FAQ as provided in 2 CFR§200.36 and§200.512
The FAC's webske provides a data entry system and required fortm for submitting the single audit reporting package.Updates to the
location of the FAC and data entry system may be found at the OMB webske.
2. Copies of financial reporting packages required by Part Hof this agreement shall be submitted by or on behalf of the recipient direct to
each of the following.
A. The Department of State at each of the following addresses:
Office of Inspector General
Florida Department of State
R.A.Gray Building
500 South Bronough St.
Tallahassee,FL 32399-0250
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
The Auditor General's website(laps://flauditor. avv)provides instructions for filing an electronic copy of a financial reporting
package.
3. Any reports,management letters,or other information required to be submitted to the Department of State pursuant to this agreement shall
be submitted timely in accordance with 2 CFR§200.512,section 215.97,F.S.,and Chapters 10.550(local goveriunental entities)and
10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable.
4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200,
Subpart F-Audit Requirements,or Chapters 10.550(local governtmntal entities)and 10.650(nonprofit and for-profit organizations),
Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
Part 1V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this agreen-rut for a period of five
years from the date the audit report is issued,and shall allow the Departtnt of State,or its designee,the CFO,or Auditor General access to
such records upon request.The recipient shall ensure that audit working papers are made available to the Departtnt of State,or its designee,the
CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by
the Department of State.
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EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Department of the Interior,National Park Service,Emergency Supplemental Historic Preservation Fund,Hurricanes Harvey,Irma,and Maria
Recovery,CFDA 15.957. $500,000
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
As contained in 2 CFR Part 200—Unifonn Admu>istrative Requirements,Cost Principles,and Audit Requirenrnts for Federal Awards and the
Historic Preservation Fund Grants Manual
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RESOURCESFOR FEDERAL PROGRAMS:
Not applicable.
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS:
Not applicable.
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ATTACHMENT C
FEDERAL SPECIAL CONDITIONS
FOR EMERGENCY SUPPLEMENTAL
HISTORIC PRESERVATION FUND GRANT SUBRECIPIENTS
In addition to the terms and conditions contained in this Agreement,the following federal special conditions apply to Grantee,as a Subrecipient of
Etmrgency Suppletrental Historic Preservation Fund,Hurricanes Harvey,Irma,and Maria Recovery Grant fiKids from the National Park Service
(NPS):
1. Insurance and Liability.
a) lnsurance.The Subrecipient shall be required to(1)obtain liabik insurance or(2)demonstrate present financial resources in an
atmunt determined sufficient by the Goverunent to cover claims brought by third parties for death,bodily injury,property damage,or
other loss resulting from one or tore identified activities carried out in connection with this financial assistance agreement_
b) Insured the federal government shallbe natred as an additional insured under the Subrecipient's insurance policy.
c) lndenmWiication.The Subrecipient hereby agrees to indennify the federal governtrent or NPS from any actor omission of the
Subrecipient,its officers,employees,or(nrmbers,participants,agents,representatives,agents as appropriate),(1)against third party
clam for damages arising from one or more identified activities carried out in connection with this financial assistance agreement and
(2)for damage or loss to goveriunent property resulting from such an activity.This obligation shall survive the termination of"
Agrees rent.
The Subrecipent hereby agrees:
To purchase public and employee liability insurance at its own expense from a responsible company or companies with a mininnun
limitation of one million dollars($1.000.000)per person for any one claim,and an aggregate limitation of three million dollars
($3.000,000)for any number of clam arising from any one incident.The policies shall name the United States as an additional
insured,shall specify that the insured shall have no right of subrogation against the United States for payments of airy premiums or
deductibles due thereunder,and shall specify that the insurance shall be assumed by,be for the account of;and be at the insured's sole
risk.Prior to beginning the work authorized herein the Subrecipient shall provide the NPS with confirmation of such insurance
coverage.
To pay the United States the full value for all damage to the lands or other property of the United States caused by the Subrecipient,its
officers,employees,or representatives.
To provide workers'compensation protection to the Subrecipient officers,employees,and representatives.
To cooperate with NPS in the investigation and defense of airy clairm that may be filed with NPS arising out of the activities of the
Subrecipient,its agents,and employees.
In the event of damage to or destruction of the buildings and faci hies assigned for the use of the Subrecipient in whole or in part by any
cause whatsoever,nothing herein contained shall be deemed to require NPS to replace or repair the buildings or facilities.If NPS
determines in writing,after consultation with the Subrecipient that damage to the buildings or portions thereof renders such buildings
unsuitable for continued use by the Subrecipient,NPS shall assume sole control over such buildings or portions thereof If the buildings
or faci hies rendered unsuitable for use are essential for conducting operations authorized under this Agreetmnt,then failure to
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substitute and assign other facilities acceptable to the Subrecipient w>7l constitute termination of this Agreement by NPS.
d) Flow down.For the purposes of this clause,Subrecipient includes such contractors,or subcontractors as,in the judgment of the
Subrecipient and subject to the Gover merit's determination of sufficiency,have sufficient resources and/or maintain adequate and
appropriate insurance to achieve the purposes of this clause.
2. The Secretary of the Interior and the Comptroller General of the United States,or their duly authorized representatives,wil have access,
for the purpose of financial or programmatic review and examination,to any books,docutmnts,papers,and records that are pertinent to
the Agreement at all reasonable times during the period ofretention in accordance with 2 CFR 200.333.
3. Property Utilization.All tools,equipment,and facilities finished by NPS wilbe on a loan basis.Tools,equipment and facilities wilbe
returned in the saw condition received except for normal wear and tear in project use.Property management standards set forth in 2 CFR
200.310 through 200.316 apply to this Agreement_
4. OMB Circulars and Other Regulations.The following Federal regulations are incorporated by reference into this Agreement(full text
canbe found athtWp /www.ecfr.gv).
a) Administrative Requirements:
2 CFI Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in its
entirety;
b) Determination of Allowable Costs:
2 CFI Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Subpart E,
c) Audit Requirements:
2 CFI Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Subpart F.
d) Code of Federal Regulations/Regulatory Requirements:
2 CFR Part 182 c&1401,"Goverrnuient-wide Requirements for a Drug-Free Workplace",-
2 CFR Part 180 c&1400,` Ion Procurement Debarment and Suspension';previously located at 43 CFR Part 42,"Goverunent
wide Debarmnt and Suspension(NOnProcure ent)';
43 CFR 18,`New Restrictions on L.obbying�;
2 CFR Part 175,"Trafficking Victims Protection Act of 2000';
FAR Clause 52.203-12,Paragraphs(a)and(b),Limitation on Payments to Influence Certain Federal Transactions;
2 CFR Part 25,System for Award Management(www.SAM.gov)and Data Universal Numbering System(DUN S);and
2 CFR Part 170,"Reporting Subawards and Executive Compensatiod'.
5. Non-Discrimination.All activities pursuant to this Agreement shallbe in compliance with the requirements of Executive Order 11246,as
amended;Title VI ofthe Civil Rights Act of 1964,as amended,(78 Stat_252;42 U.S.C. §§2000d et seq.);Title V,Section 504 ofthe
Rehabilitation Act of 1973,as amended,(87 Stat_394;29 U.S.C. §794);the Age Discrimination Act of 1975(89 Stat_728;42 U.S.C.
§§6101 et LQ.);and with all other federal laws and regulations prohibiting discrimination on grounds ofrace,color,sexual orientation,
Page:24
national origin,disabilities,religion,age,or sex
6. Lobbying Prohibition. 18 U.S.C. §1913,Lobbying with Appropriated Moneys,no part of the money appropriated by any enactnent of
Congress shall,in the absence of express authorization by Congress,be used directly or indirectly to pay for any personal service,
advertisement,telegram telephone,letter,printed or written matter,or other device,intended or designed to influence in any manner a
Member of Congress,a jurisdiction,or an official of any goveriunent,to favor,adopt,or oppose,by vote or otherwise,any legislation,law,
ratification,policy,or appropriation,whether before or after the introduction of any bill,tireasure,or resolution proposing such legislation,
law,ratification,policy,or appropriation;but this shall not prevent officers or employees of the United States or of its departments or
agencies from cominnucating to any such Members or official,at his request,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 corar nulication whose prohibition by this section might,in the opinion of the Attorney General,violate
the Constitution or interfere with the conduct of foreign policy,counter-intelligence,intelligence,or national security activities.Violations of
this section shall constitute violations of section 1352(a)of title 31.In addition to the above,the related restrictions on the use of
appropriated funds found in Div.F,§402 ofthe Orn nbus Appropriations Act of2008(P.L. 110-161)also apply.
7. Anti-Deficiency Act.Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shallbe construed as binding the NPS to expend
in any one fiscal year any sum in excess of appropriations made by Congress,for the purposes of this Agreement for that fiscal year,or
other obligation for the further expenditure of money in excess of such appropriations.
8. Minority Business Enterprise Development.Pursuant to Executive Order 12432 it is national policy to award a fair share ofcontracts
to small and minority firms.NPS is strongly committed to the objectives of this policy and encourages all recipients of its Grant Agreements
to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive
Order.
9. Member of Congres s.Pursuant to 41 U.S.C. §22,no Member of Congress shall be admitted to any share or part of any contract or
agreement made,entered into,or adopted by or on behalf of the United States,or to any benefit to arise thereupon.
10. Agency.The Subrecipient is not an agent or representative of the United States,the Department of the Interior,NPS,or the Park,nor will
the Subrecipient represent itself as such to third parties.NPS employees are not agents of the Subecipient and will not act on behalf of the
Subrecipient.
11. Non-Exclusive Agreement.This Agreement in no way restricts the Subrecipient or NPS from entering into similar agreements,or
participating in similar activities or arrangements,with other public or private agencies,organizations,or individuals.
12. Survival.Any and all provisions which,by themselves or their nature,are reasonably expected to be performed after the expiration or
termination of this Agreement shall survive and be enforceable after the expiration or termination of this Agreement.Any and all liabilities,
actual or contingent,which have arisen during the tern of and in connection with this Agreement shall survive expiration or termination of
this Agreement.
13. No Employment Relationship.This Agreement is not intended to and shall not be construed to create an employn-rut relationship
between NPS and Subrecipient or its representatives.No representative of Subrecipient shall perform any function or make any decision
properly reserved by law or policy to the Federal gover anent.
14. Foreign Travel.The Subrecipient shall comply with the provisions of the Fly America Act(49 U.S.C.40118).The implen-rnting
regulations ofthe Fly America Act are found at 41 CFR 301-10.131 through 301-10.143.
15. Publications of Results of Stuclies.No party will unilaterally publish a joint publication without consulting the other party.This restriction
does not apply to popular publications ofpreviously published technical matter.Publications pursuant to this Agreement may be produced
independently or in collaboration with others;however,in all cases proper credit will be given to the efforts of those parties contribution to
Page:25
the publication.In the event no agreement is reached concerning the manner of publication or interpretation of results,either party may
publish data after due notice and submission of the proposed manuscripts to the other.In such instances,the party publishing the data will
give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion.
16. Rights in Data.The Subrecipient n ust grant the United States ofAmerica a royalt)-free,non-exclusive and irrevocable license to publish,
reproduce and use,and dispose of in any manner and for any purpose without limitation,and to authorize or ratify publication,reproduction
or use by others,of all copyro-table material first produced or composed under this Agreement by the Subrecipient,its employees or any
individual or concern specifically employed or assigned to originate and prepare such material
17. Retention and Access Requirements for Records.All Subrecipient financial and programmatic records,supporting documents,
statistical records,and other grants-related records shall be maintained and available for access in accordance with 2 CFR Part 200.333-
200.337 and the HPF Grants Manual
18. Audit Requirements
a) Non-Federal entities that expend$750,000 or more during a year in Federal awards shall have a single or program-specific audit
conducted for that year in accordance with the Single Audit Act Amendxmnts of 1996(31 U.S.C. §7501-7507)and 2 CFR Part
200,SubpartF,which is available athttp://www.ecfr.wv/cgibin/text idx?
SID=fd6463a517ceea3fal3e665e52505lf4&node=M2.1.200.1&r -n
b) Non-Federal entities that expend less than$750,000 for a fiscal year in Federal awards are exempt from Federal audit requirements
for that year,but records must be available for review or audit by appropriate officials of the Federal agency,pass-through entity,and
General Accounting Office(GAO).
c) Audits shall be made by an independent auditor in accordance with generally accepted govenunent auditing standards covering
financial audits.Additional audit requirements applicable to this agreement are found at 2 CFR Part 200,Subpart F,as applicable.
Additional information on single audits is available from the Federal Audit Clearinghouse at 192J4mvester.census. vga /sac/.
19. Procurement Procedures.It is a national policy to place a fair share ofpurchases with minority business firtm.The Department of the
Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take
affirmative steps to ensure such fairness.Positive efforts shall be made by recipients to utilize small businesses,mimrity-owned firms,and
worren's business enterprises,whenever possible. Subrecipients of Federal awards shall take all of the following steps to further this goal-
a) Ensure that small businesses,minority-owned firtm,and womeds business enterprises are used to the fullest extent practicable.
b) Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and
facilitate participation by small businesses,minority-owned firtm,and worren's business enterprises.
c) Consider in the contract process whether firtm competing for larger contracts intend to subcontract with small businesses,minority-
owned firms,and womeds business enterprises.
d) Encourage contracting with consortiums of small businesses,minority-owned firms and worren's business enterprises when a contract
is too large for one of these firms to handle individually.
e) Use the services and assistance,as appropriate,of such organizations as the Small Business Development Agency in the solicitation
and utilization of small business,minority-owned firtm and worren's business enterprises.
20. Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving.Executive Order
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13513,Federal Leadership On Reducing Text Messaging While Driving was signed by President Barack Obama on October 1,2009.
This Executive Order introduces a Federal Govermmrit wide prohibition on the use of te)t messaging while driving on official business or
while using Goveriunent supplied equipment_Please adopt and enforce policies that immediately ban text messaging while driving
company-owned or rented vehicles,gover nient-owned or leased vehicles,or while driving privately-owned vehicles when on official
govemtmnt business or when performing any work for or on behalf of the government_
21. Seat Belt Provision.The Subrecipieut is encouraged to adopt and enforce on-the-job seat belt use policies and programs for their
employees when operating corrpany-owned,rented,or personally owned vehicles.These measures include,but are not limited to,
conducting education,awareness,and other appropriate programs for their employees about the importance ofweanng seat belts and the
consequences ofnot wearing them.
22. Trafficking in Persons.This term of award is pursuant to paragraph(g)of Section 106 of the Trafficking Victims Protections Act of
2000,as amended(2 CFR 175.15).
a) Provisions applicable to a recipient that is a private entity.
1. The Recipient,its employees,Subrecipients under this award,and Subrecipients'employees may not-
i Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect;or
iii. Use forced labor in the perfonnance of the award or subawards under the award.
2. The Federal awarding agency may unilaterally tenminate this award,without penalty,if Recipient or a Subrecipieut that is a private
entity-
i Is determined to have violated a prohibition in paragraph a.1 of this award term;or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in
paragraph a.l of this award tenn through conduct that is either:
a. Associated with performance under"award:or
b. Imputed to Recipient or the Subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180,"OMB Guidelines to Agencies on Government wide Debarment and
Suspension(Non Procurement),"as implemented by our agency at 2 CFR part 1400.
b) Provision applicable to a Recipient other than a private entity.The Federal awarding agency may unilaterally terminate this award,
without penalty,if a Subrecipient that is not a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term;or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable
prolbition in paragraph a.1 of this award tenn through conduct that is either:
i. Associated withperfonmance under this award;or
Page:27
ii. Imputed to the Subrecipient using the standards and due process for imputing the conduct of an individual to an organization
that are provided in 2 CFR part 180,"OMB Guidelines to Agencies on Governtrent wide Debarment and Suspension
(NonProcurement),"as implemented by our agency at 2 CFR part 1400.
c) Provisions applicable to any recipient_
1. You must inform us imrrediately of any information you receive from any source alleging a violation of a prolnbition in paragraph
a.l of this award term
2. The Federal awarding agency right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g)ofthe Trafficking Victims Protection Act of2000(TVPA),as amended(22 USC§7104(g)),and
ii. Is in addition to all other rerredies for noncompliance that are available under this award.
3. Recipient must include the requirements ofparagraph a.1 of this award term in any subaward made to a private entity.
d) Definitions.For purposes of this award term
1. "Employee"means either:
i. An individual employed by Recipient or a Subrecipient who is engaged in the performance of the projector program under this
awards;or another person engaged in the performance of the projector program under this award and not compensated by
Recipient or Subrecipient including,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 matching requiremnts.
2. "Forced labor"nrans labor obtained by any ofthe following nrftds: The recruitment,harboring,transportation,provision,or
obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose of subjection to involuntary
servitude,peonage,debt bondage,or slavery.
3. `Private entity'means:
i. Any entity other than a State,local govemrrent,Indian tribe,or foreign public entity,as those terms are defined in 2 CFR
175.25;and includes:
a. A nonprofit organization,including any nonprofit institution ofhigher education,hospital,or tribal organization other than one
included in the definition ofludian tribe at 2 CFR 175.25(b).
b. A for-profit organzation.
4. "Severe forrm of trafficking in persons,""commercial sex act,"and"coercion'have the meanings given at section 103 ofthe
TVPA,as amended(22 USC§7102).
23. Recipient Employee"stleblower Rights and Requirement to lnformEmployees of"stleblower Rights.
a) This award and employees working on this financial assistance agreement wilbe subject to the whistleblower rights and remedies in
the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. §4712 by section 828 ofthe
National Defense Authorization Act for Fiscal Year 2013(Pub.L. 112-239).
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b) The Award Recipient shall inform its employees in writing,in the predominant language of the workforce,of employee whistleblower
rights and protections under 41 U.S.C. §4712.
c) The Award Recipient shall insert the substance of this clause,including this paragraph(c),in all subawards or subcontracts over the
simplified acquisition threshold,42 CFR§52.203-17(as referenced in 42 CFR§3.908-9).
24. Conflict of Interest
a) Applicability.
i This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in
their responsibilities under or with respect to Federal financial assistance agreements.
ii. In the procurement of supplies,equipment,construction,and services by recipients and by subrecipients,the conflict of interest
provisions in 2 CFR 200.318 apply.
b) Requirements
i Non-Federal entities must avoid prohibited conflicts of interest,including any significant financial interests that could cause a
reasonable person to question the recipient's ability to provide impartial,technically sound,and objective performance under or
with respect to a Federal financial assistance agreement.
it. In addition to any other prolubitions that may apply with respect to conflicts of interest,no key official of an actual or proposed
recipient or subrecipient,who is substantially involved in the proposal or project,may have been a former Federal employee who,
within the last one(1)year,participated personally and substantially in the evaluation,award,or administration of an award with
respect to that recipient or subrecipient or in development of the requirement leading to the f aiding announcement.
iii. No actual or prospective recipient or subrecipient may solicit,obtain,or use non-public information regarding the evaluation,
award,or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance
opportunity that may be of competitive interest to that recipient or subrecipient.
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 of Interest.
ii. Recipients must establish internal controls that include,at a mininrun�procedures to identify,disclose,and mitipte or eliminate
identified conflicts of interest.The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of
interest that may arise during the life of the award,including those that have been reported by subrecipients.
d) Restrictions on Lobbying.Non-Federal entities are strictly prohibited from using fiords under this grantor cooperative agreement for
lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFRPart 18 and 31 U.S.0 1352.
e) Review Procedures.The Financial Assistance Officer will examine each conflict ofinterest disclosure on the basis of its particular
facts and the nature of the proposed grant or cooperative agreement,and wig determine whether a significant potential conflict exists
and,if it does,develop an appropriate means for resolving it.
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Enforcement.Failure to resolve conflicts of interest in a manner that satisfies the Goverunent maybe cause for termination of the
award.Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.33 8,Remedies for
Noncompliance,including suspension or debarmnt(see also 2 CFR Part 180).
25. Minimum Wages Under Executive Order 13658(January 2015)
a) Definitions.As used in this clause—
"United States"means the 50 states and the District of Columbia.
"Worker'—
1. Means any person engaged in performing work on,or in connection with,an agreement covered by Executive Order 13658,and
i. Whose wages under such agreements are governed by the Fair Labor Standards Act(29 U.S.C.chapter 8),the Service
Contract Labor Standards statute(41 U.S.C.chapter 67),or the Wage Rate Requirements(Construction)statute(40 U.S.C.
chapter 31,subchapter IV),
ii. Other than individuals employed in a bona fide executive,administrative,or professional capacity,as those terns are defined in
29 C.F.R §541,
iii. Regardless of the contractual relationship alleged to exist between the individual and the employer.
2. Includes workers performing on,or in connection with,the agreement whose wages are calculated pursuant to special certificates
issued under 29 U.S.C. §214(c).
3. Also includes any person working on,or in connection with,the agreement and individually registered in a bona fide apprenticeship
or training program registered with the Department ofLabor's Employrrrnt and Training Administration,Office ofApprenticeship,
or with a State Apprenticeship Agency recognized by the Office ofApprenticeship.
b) Executive Order Minimum Wage rate.
L The Recipient shall pay to workers,while performing in the United States,and performing on,or in connection with,this agreement,
a minhumhourly wage rate of$10.10 per hour beginning January 1,2015.
2. The Recipient shall adjust the mininnunwage paid,ifnecessary,beginning January 1,2016,and annually thereafter,to met the
Secretary of L.abor's annual E.O.mininnun wage.The Administrator of the Department of Labor's Wage and Hour Division(the
Administrator)will publish annual determinations m the Federal Register no later than 90 days before the effective date of the new
E.O.miivmu swage rate.The Administrator will also publish the applicable E.O.miivmu swage on www.wdotgov(or any
successor Web site)and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate
Requirements(Construction)statute.The applicable published E.O.n i mnunwage is incorporated by reference into this
agreenent.
i The Recipient may request a price adjustment only after the effective date of the new annual E.O.mininnun wage determination.
Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O.mininnun wage,and for
associated labor costs and relevant subaward costs.Associated labor costs shall include increases or decreases that result from
changes in social security and unemployrrent taxes and workers'compensation insurance,but will not otherwise include any
Page:30
armunt for general and administrative costs,overhead,or profit.
ii. Subrecipients maybe entitled to adjustments due to the new minin-unwage,pursuant to paragraph(b)(u).Recipients shall
consider any Subrecipient requests for such price adjustment.
The Awarding Officer will not adjust the agreermnt price under this clause for any costs other than those identified in paragraph
(b)(iu)(1)of this clause,and will not provide duplicate price adjustments with any price adjustment under clauses implementing
the Service Contract Labor Standards statute or the Wage Rate Requirements(Construction)statute.
iv. The Recipient warrants that the prices in this agreermnt do not include allowance for any contingency to cover increased costs
for which adjustment is provided under this clause.
V. Reserved
vi. Reserved
vii. The Recipient shall pay,unconditionally to each worker,all wages due free and clear without subsequent rebate or kickback.
The Recipient may make deductions that reduce a worker's wages below the E.O.minu irn wage rate only if done m
accordance with 29 C.F.R § 10.23,Deductions.
viii. The Recipient shall not discharge any part of its rnini run wage obligation under this clause by firrnishing fringe benefits or,with
respect to workers whose wages are governed by the Service Contract Labor Standards statute,the cash equivalent thereof
ix. Nothing in this clause shall excuse the Recipient from compliance with any applicable Federal or State prevailing wage law or
any applicable law or municipal ordinance establishing a minin-unwage higher than the E.O.minis-unwage.However,wage
increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
x. The Recipient shall pay the E.O.minin-unwage rate whenever it is higher than any applicable collective bargaining
agreermnt(s)wage rate.
xi. The Recipient shall follow the policies and procedures in 29 C.F.R § 10.24(b)and 10.28 for treatment of workers engaged in
an occupation in which they customarily and regularly receive rmre than$30 a month in tips.
c)
1. This clause applies to workers as defined in paragraph a).As provided in that definition—
i Workers are covered regardless of the contractual relationship alleged to exist between the Recipient or Subrecipient and the
worker,
ii. Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. §214(c)are
covered;and
Workers who are registered m a bona fide apprenticeship program or training program registered with the Departinent of
Labor's Employment and Training Administration,Office ofApprenticeship,or with a State Apprenticeship Agency recognized
by the Office ofApprenticeship,are covered.
2. This clause does not apply to—
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i Fair Labor Standards Act(FLSA)—covered individuals performing in connection with contracts covered by the E.O.,i.e.
those individuals who perform duties necessary to the performance of the agreement,but who are not directly engaged in
performing the specific work called for by the agreement,and who spend less than 20 percent of their hours worked in a
particular workweek performing in connection with such agreements;
ii. Individuals exempted from the minianunwage requirements of the FLSA under 29 U.S.C. §213(a)and 214(a)and(b),unless
otherwise covered by the Service Contract Labor Standards statute,or the Wage Rate Requirements(Construction)statute.
These individuals include but are not limited to—
a. Learners.,apprentices,or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
§214(a).
b. Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. §214(b).
c. Those employed in a bona fide executive,administrative,or professional capacity(29 U.S.C. §213(a)(1)and 29 C.F.R §
part 541).
d) Notice. The Recipient shall notify all workers performing work on,or in connection with,this agreement of the applicable E.O.
minhirn wage rate under this clause.With respect to workers covered by the Service Contract Labor Standards statute or the Wage
Rate Requirements(Construction)statute,the Contractor may meet this requirement by posting in a prominent and accessible place at
the worksite,the applicable wage determination under those statutes.With respect to workers whose wages are governed by the
FLSA,the Recipient shall post notice,utilizing the poster provided by the Administrator,which can be obtained at
www.dolgov/vWgovcontracts,in a prominent and accessible place at the worksite.Recipients that customarily post notices to
workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that
is maintained by the Recipient,whether external or internal,and customarily used for notices to workers about terms and conditions of
employment_
e) Payroll Records.
1. The Recipient shall make and maintain records,for three years after completion of the work,containing the following information
for each worker:
i. Name,address,and social security number,
ii. The worker's occupation(s)or classification(s);
iii. The rate or rates ofwages paid;
iv. The number of daily and weekly hours worked by each worker;
v. Any deductions made;and
vi. Total wages paid.
2. The Recipient shall make records pursuant to paragraph(e)(1)of this clause available for inspection and transcription by authorized
representatives of the Administrator.The Recipient shall also make such records available upon request of the Contracting Officer.
3. The Recipient shall make a copy of the agreement available,as applicable,for inspection or transcription by authorized
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representatives of the Administrator.
4. Failure to comply with this paragraph(e)shall be a violation of 29 CFR § 10.26 and this agreement.Upon direction of the
Administrator or upon the Awarding Officer's own action,payment shall be withheld until such time as the noncompliance is
corrected.
5. Nothing in this clause limits or otherwise rmdifies the Recipient's payroll and recordkeeping obligations,if any,under the Service
Contract Labor Standards statute,the Wage Rate Requirements(Construction)statute,the Fair Labor Standards Act,or any other
applicable law.
f) Access. The Recipient shall permit authorized representatives of the Administrator to conduct investigations,including interviewing
workers at the worksite during normal working hours.
g) Withholding. The Awarding Officer,upon his or her own action or upon written request of the Administrator,wig withhold fiords or
cause f xids to be withheld,from the Recipient under this or any other Federal agreement with the saner Recipient,sufficient to pay
workers the full amount of-wages required by this clause.
h) Disputes. Departirient of Labor has set forth in 29 CFR§ 10.51,Disputes concerning Recipient compliance,the procedures for
resolving disputes concerning an Recipient's compliance with Department of Labor regulations at 29 CFR§ 10. Such disputes shall be
resolved in accordance with those.This includes disputes between the Recipient(or any of its Subrecipients)and the contracting
agency,the Department of Labor,or the workers or their representatives.
i) Anti-retaliation. The Recipient shall not discharge or in any other manner discriminate against any worker because such worker has
filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O.or this clause,
or has testified or is about to testify in any such proceeding
j) Subcontractor compliance. The Recipient is responsible for Subrecipient compliance with the requirenients of this clause and may be
held liable for unpaid wages due Subrecipient workers.
k) Subawards. The Recipient shall include the substance of this clause,including this paragraph(k)in all subawards,regardless of dollar
value,that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirerrients(Construction)statute,and are
to be performed in whole or in part in the United States.
26. Data Availability
a) Applicability.The Department of the Interior is committed to basing its decisions on the best available science and providing the
Atmrican people with enough information to thoughtfully and substantively evaluate the data,methodology,and analysis used by the
Department to inform its decisions.
b) Use of Data.The regulations at 2 CFR 200.315 apply to data produced under a Federal award,including the provision that the
Federal Governrrient has the right to obtain,reproduce,publish,or otherwise use the data produced under a Federal award as well as
authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes.
c) Availability of Data.The recipient shall make the data produced under this award and any subaward(s)available to the Government
for public release,consistent with applicable law,to allow meaningful third party evaluation and reproduction of the following:
1. The scientific data relied upon;
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2. The analysis relied upon;and
3. The methodology,including rmdels,used to gather and analyze data.
27. Patents and inventions.Recipients of agreements which support experitrental,developmental,or research work shall be subject to
applicable regulations governing patents and inventions,including the governtrent-wide regulations issued by the Department of Commerce
at 37 CFR 401,Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under Govenarrunt Grants,Contracts
and Cooperative Agreements.These regulations do not apply to any agreement made primarily for educational purposes.
28. Notice of Financial Management Review.As part of federal govenunent-wide efforts to improve coordination of financial managenicnt
and increase financial accountabi ity and transparency in the receipt and use of federal disaster funding the Subrecipient is hereby notified
that this award may be subject to higher scrutiny.This may include a requirement to submit additional reporting docuunentation.
29. Unanticipated Discovery Protocols.Subrecipient must immediately stop construction in the vicinity of the affected historic resource and
take reasonable measures to avoid and minimize harm to the resource until the Division,Subrecipient,or contractor,and Indian Tribes,as
appropriate,have detennined a suitable course of action within 15 calendar days.With the express pennission of the Division,the
Subrecipient or contractor may perform additional measures to secure the jobsite if the Subrecipient or contractor determines that
unfinished work in the vicinity of the affected historic property would cause safety or security concerns.
30. Other Financial Assistance from the National Park Service.Work approved under this grant shall in no way inhibit or preclude others
from applying for federal assistance through other programs overseen or reviewed by NPS,such as the Federal Historic Preservation Tax
Incentive for Income Producing Structures.It shallbe understood that approvals through this grant finding are not transferable to other
NPS or NPS sponsored programs. Subrecipients should understand that work perfonred under this grant program may impact other work
approvals.Grant funds cannot be claimed as eligible expenses potential tax credits.
31. Strengthening Buy-American Preferences for Infrastructure Projects per E O.I13858.Per Executive Order 113 85 8,entitled
Strengthening Buy-American Preferences for Infrastructure Projects the Subrecipient shall maxurize,consistent with law,the use of iron and
steel goods,products,and materials produced in the United States,for infrastructure projects as defined by the Executive Order when the
statement of work includes alteration,construction,conversion,demolition,extension,improvement,maintenance,reconstruction,
rehabilitation,or repair.
32. Funding for Use of Unmanned Aircraft Systems (UAS),IfFederal funding is provided to a State,Tribal,local,or territorial
govemnunt,or other non-profit organization,for the use of UAS(aka drones)as part of their scope ofwork,the recipient must have in
place policies and procedures to safeguard individuals'privacy,civil rights,and civil liberties prior to expending such funds.
HPF funding for UAS usage is eligible only in the contracting of an experienced,licensed contractor of UAS who possesses the
appropriate license,certifications,and training to operate UAS.The contractor is required to provide proof of liabi ity insurance in the
operation of UAS for comrrercial use.
33. Statement of No Overlap
a) The Grantee certifies that there is no overlap in Federal Funding in terms of activities,costs,or time commitrwnt ofkey personnel,
including any application that was submitted for fim-i ding consideration to any other potential fim-i ding source(Federal or non-Federal).
b) If any overlap or duplication does exist,the Grantee will alert the Division immediately and describe the overlap including when the
overlapping or duplicative proposals)were submitted,to whom(entity and program),and when funding decisions are expected to be
announced.
34. Criminal Penalties and ftaud,Waste,&Abuse
a) Criminal Penalties.Whoever knowingly and willfully misapplies,steals,or obtains by fraud or endeavors to embezzle any fiuxds,assets,
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or properties which are the subject of a subgrant,contract or other form of assistance pursuant to this award,or whoever receives,
conceals or retains such fiords,assets,or property with intent to convert such fiuxls,assets,or property to his/her use or gain,knowing
that such fiords,assets or property have been embezzled,willfially misapplied,stolen,or obtained by fraud,shall be subject to
prosecution.
b) Fraud,Waste,and Abuse.The subgrantee or contractor must report any credible evidence that a principal,employee,agent,
contractor,subgrantee,or other person has submitted a false claim under the False Clam Act or has committed a criminal or civil
violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant fiuxls. Report potential
fraud,waste,abuse,or misconduct to:
Office of Inspector General
U.S.Depattinent ofthe Interior
ATTN:Intake Managenent Unit
381 Elden Street,Suite 3000
Herndon,VA 20170
Telephone:(800)424-5081
Fax:(703)487-5402(ATTN:HOTLINE OPERATIONS)
35. Repoiting Subawards And Executive Compensation
a) Reporting of first—tier subawards.
1. Applicability.Unless you are exempt as provided in paragraph D.ofthe Prism Award term you must report each action that
obligates$25,000 or more in Federal fiuxls that does not include Recovery Act fiuxls(as defined in section 1512(a)(2)of the
Arne ican Recovery and Reinvestment Act of 2009,Pub.L. 111-5)for a subaward to an entity(see definitions in paragraph E.of
the Prism Award tenn).
2. Where and when to report
i. You must report each obligating action described in paragraph A.1.ofthe Prim Award term to https://www.fsrs. ogav/.
it. For subaward information,report no later than the end of the month following the month in which the obligation was made.(For
example,if the obligation was made on November 7,2017,the obligation must be reported by no later than December 31,
2017.)
3. What to report.You must report the information about each obligating action that the submission instructions posted at
hops//www.fsrs.gov/specify.
b) Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report.You must report total compensation for each ofyour five most highly compensated executives for
the preceding completed fiscal year,if—
i. The total Federal funding authorized to date under this award is$25,000 or tmre;
ii. In the preceding fiscal year,you received—
a. 80 percent or tmre ofyour annual gross revenues from Federal procurernent contracts(and subcontracts)and Federal
financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and
b. $25,000,000 or more in annual gross revenues from Federal procurernent contracts(and subcontracts)and Federal
financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and
iii. The public does not have access to information about the compensation of the executives through periodic reports filed under
section 13(a)or 15(d)ofthe Securities Exchange Act of 1934(15 U.S.C. §78m(a),78o(d))or section 6104 ofthe Internal
Revenue Code of 1986.(To determine if the public has access to the compensation information,see the U.S. Security and
Exchange Commission total compensation filings at ht(p//www.sec.gov/answers/execorrp.htm)
2. Where and when to report.You must report executive total compensation described in paragraph A.1.ofthe Prime Award term:
i. As part of Recipient registration profile at https:/www.samgov.ii.By the end of the month following the tmnth in which this
Page:35
award is made,and annually thereafter.
c) Reporting ofTotal Compensation of Subrecipient Executives.
1. Appficabiity and what to report.Unless you are exempt as provided in paragraph D.of the Prism Award term,for each first-tier
subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly
compensated executives for the subrecipieut's preceding completed fiscal year,if—
In the subrecipient's preceding fiscal year,the subrecipient received—
a. 80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts)and Federal
financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320(and subawards);and
b. $25,000,000 or more in annual gross revenues from Federalprocurermnt contracts(and subcontracts),and Federal
financial assistance subject to the Transparency Act(and subawards);and
ii. ii The public does not have access to information about the compensation of the executives through periodic reports filed under
section 13(a)or 15(d)ofthe Securities Exchange Act of 1934(15 U.S.C. §78rr(a)),78o(d))or section 6104 ofthe Internal
Revenue Code of 1986.(To determine if the public has access to the compensation information,see the U.S. Security and
Exchange Commission total compensation filings at ht(p//www.sec.gov/answers/execomp.htm)
2. Where and when to report.You must report subrecipient executive total compensation described in paragraph c.1.of the Prime
Award term:
i. To the recipient.
ii. By the end ofthe month following the month during which you make the subaward.For example,if a subaward is obligated on
any date during the month of October of a given year(ie.,between October 1 and 31),you must report any required
compensation informaation of the subrecipient by November 30 of that year.
d) Exemptions.
1. It in the previous tax year,you had gross income,from all sources,under$300,000,you are exempt from the requirermnts to
report:
i. Subawards,and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e) Definitions.For purposes of this award term:
1. Entity'means all ofthe following,as defined in 2 CFR Part 25:
i. A Goveriunental organization,which is a State,local govemrmnt,or Indian tribe;
n. A foreign public entity,
iii. A dorrestic or foreign nonprofit organization;
iv. A dorrestic or foreign for-profit organization;
v. A Federal agency,but only as a subrecipient under an award or subaward to a non-Federal entity.
2. Executive"means officers,managing partners,or any other employees in managerrent positions.
3. Subaward"means:
i This term means a legal instrrrrent to provide support for the perfonnance of any portion of the substantive project or program
for which you received this award and that you as the recipient award to an eligible subrecipient.
ii. The termincludes your procurermnt ofproperty and services needed to carry out the projector program The termdoes not
include procurer-rut of incidental property and services needed to cant'out the award project or program.
iii. A subaward may be provided through any legal agreen-rM including an agreermnt that you or a subrecipient considers a
contract.
4. Subrecipient'roans an entity that:
i. Receives a subaward fromyou(the recipient)under this award;and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation'means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's
preceding fiscal year and includes the following(for more informaation see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock,stock options,and stock appreciation rights.Use the dollar amount recognized for financial stater-rut
Page:36
reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123
(Revised 2004)(FAS 123R),Shared Based Payments.
iii. Earnings for services under non—equity incentive plans.This does not include group life,health,hospitalization or medical
reimbursement plans that do not discriminate in favor of executives,and are available generally to all salaried employees.
iv. Change in pension value.This is the change in present value of defined benefit and actuarial pension plans.
v. Above—market earnings on deferred compensation which is not tax--qualified.
vi. Other compensation,if the aggregate value of all such other compensation(e.g.severance,termination paynients,value of fife
insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$10,000.
36. Reporting of Matters Related to Recipient Integrity and Performance
a) General Reporting Requirement If the total value of your currently active grants,cooperative agreements,and procurement contracts
from all Federal awarding agencies exceeds$10,000,000 for any period oftimc during the period ofperformance offt Federal
award,then you,as the recipient,during that period of time mist maintain the currency of information reported to the System for
Award Management(SAM)that is made available in the designated integrity and performance system(currently the Federal Awardee
Perforrmuce and Integrity Information System(FAPIIS))about civil,criminal,or administrative proceedings described in paragraph 2
of the Prism Award term and condition.This is a statutory requirement under section 872 ofPublic Law 110-417,as amended(41
U.S.C. §2313).As required by section 3010 of Public Law 111-212,all information posted in the designated integrity and
performance system on or alter April 15,2011,except past performance reviews required for Federal procurement contracts,will be
publicly available.
b) Proceedings You Must Report. Submit the information required about each preceding that:
1. Is in connection with the award or performance of a grant,cooperative agreement,or procuremcnt contract from the Federal
Govemrrent;
2. Reached its final disposition during the most recent five year period;and
3. Is one of the following:
i. A criminal proceeding that resulted in a conviction,as defined in paragraph 5 of this award term and condition;
ii. A civil proceeding that resulted in a finding of fault and liability and paynicnt of a tmnetary fine,penalty,reimbursement,
restitution,or damages of$5,000 or more;
U An administrative proceeding as defined in paragraph 5 of this award term and condition,that resulted in a finding of fault and
liability and paynicnt of either a tmnetary fine or penalty of$5,000 or tmre;or reimbursement,restitution,or damages in
excess of$100,000;or
iv. Any other criminal,civil,or administrative proceeding if
a. It could have led to an outcome described in paragraph 2.c.(1),(2),or(3)ofthe Prime Award tern and condition;
b. It had a different disposition arrived at by consent or compromise with an acknowledgnent of fault on your part;and
c. The requiremcnt in the Prime Award term and condition to disclose information about the proceeding does not conflict with
applicable laws and regulations.
c) Reporting Procedures:Enter in the SAM Entity Managemcut area the information that SAM requires about each proceeding described
in paragraph 2 of the Prime Award tern and condition.You do not need to submit the information a second time under assistance
awards that you received ifyou already provided the information through SAM because you were required to do so under Federal
procurement contracts that you were awarded.
d) Reporting Frequency:During any period of time when you are subject to the requirement in paragraph 1 of the Prime Award term and
condition,you mist report proceedings information through SAM for the tmst recent five year period,either to report new information
about any proceeding(s)that you have not reported previously or afinn that there is no new information to report.Recipients that have
Federal contracts,grants,and cooperative agreement awards with a cumulative total value greater than$10,000,000 mist disclose
semiannually any information about the criminal,civil,and administrative proceedings.
e) Definitions.For purposes of this award tern and condition:
1. Admuvstrative proceeding mcans a non-judicial process that is adjudicatory in nature in order to make a determination of fault or
Page:37
liability(e.g.,Securities and Exchange Commission Administrative proceedings,Civilian Board of Contract Appeals proceedings,
and Anned Services Board of Contract Appeals proceedings).This includes proceedings at the Federal and State level but only in
connection with perfonnance of a Federal contract or grant.It does not include audits,site visits,corrective plans,or inspection of
deliverables.
2. Conviction moans a judgment or conviction of a criminal offense by any court of competent jurisdiction,whether entered upon a
verdict or a plea,and includes a conviction entered upon a plea ofnolo contendere.
3. Total value of currently active grants,cooperative agreements,and procurement contracts includes—
i. Only the Federal share of the funding under any Federal award with a recipient cost share or match;and
ii. The value of all expected funding increrrents under a Federal award and options,even if not yet exercised.
Page:38
OMB Number:4040-0007
Expiration Date: 02/28/2022
ASSURANCES -NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U.
of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on
and completion of the project described in this the basis of age; (e)the Drug Abuse Office and
application. Treatment Act of 1972(P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and
of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290
accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h)Title VIII of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (i)any other
conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made; and, (j)the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the
agency. application.
5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the
1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform
standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646)which provide for
one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or
Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or
Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination. These include but are not limited to: purchases.
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)
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
9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C. §276c and 18 U.S.C. §874),and the Contract Act of 1966, as amended(16 U.S.C.§470), EO 11593
Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and
333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974 16 U.S.C.
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
11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or
prescribed pursuant to the following: (a)institution of other activities supported by this award of assistance.
environmental quality control measures under the National
Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order(EO) 11514; (b)notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which
facilities pursuant to EO 11738; (c)protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures.
floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133,
Act of 1972(16 U.S.C. §§1451 et seq.);(f)conformity of "Audits of States, Local Governments, and Non-Profit
Federal actions to State(Clean Air)Implementation Plans Organizations."
under Section 176(c)of the Clean Air Act of 1955, as
amended(42 U.S.C.§§7401 et seq.); (g)protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Safe Federal laws,executive orders, regulations, and policies
Drinking Water Act of 1974,as amended(P.L.93-523); governing this program.
and,(h)protection of endangered species under the
Endangered Species Act of 1973, as amended(P.L.93- 19. Will comply with the requirements of Section 106(g)of
205). the Trafficking Victims Protection Act(TVPA)of 2000, as
amended(22 U.S.C. 7104)which prohibits grant award
12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe
1968(16 U.S.C. §§1271 et seq.)related to protecting forms of trafficking in persons during the period of time
components or potential components of the national that the award is in effect(2)Procuring a commercial
wild and scenic rivers system. sex act during the period of time that the award is in
effect or(3)Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTHORIZ CERTIFYING OFFICIAL TITLE
Heather Carruthersayar
APPLICANT ORGAN TION DATE SUBMITTED
Conroe County S and of County Commissioners
Standard Fonn 4248(Rev.7-97)Back
SSW.- L) MONROE COUNTY ATTORNEYS OFFICE
11"E, " 'VIN i A� ',CLERK APPROVED AS TO FORM
o
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_____)S ISTANT COUNTY ATTORNEY
DATE: Al / r
ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009
Expiration Date:02/28/2022
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763) relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration (5 C.F.R. 900, Subpart F).
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681
from the awarding agency. Will record the Federal 1683, and 1685-1686), which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C.
with Federal assistance funds to assure non- §794), which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255), as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
7. Will establish safeguards to prohibit employees from rental or financing of housing; (i)any other
using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s)
presents the appearance of personal or organizational under which application for Federal assistance is being
conflict of interest, or personal gain. made, and 0)the requirements of any other
nondiscrimination statue(s)which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97)
Prescribed by OMB Circular A-102
11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g)
1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as
acquired as a result of Federal and federally-assisted amended(P.L. 93-523); and, (h)protection of
programs.These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973,as amended(P.L. 93-205).
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of
1968(16 U.S.C. §§1271 et seq.)related to protecting
§§1501-1508 and 7324-7328)which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance
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.Historic
Pr se 11ion
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
593
Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
333)regarding labor standards for federally-assisted 1974 Archaeological
U.S.C. al and i to seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of e Audit
compliance audits in accordance with the Single Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular gl Audit
(P.L.93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
15. Will comply with environmental standards which may be Federal laws,executive orders, regulations, and policies
prescribed pursuant to the following: governing this program.
P P g: (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
Heather Carruthers
APPLICANT ORGA ZATI'O DATE SUBMITTED
Board of Count Commas one
SF-424D(Rev.7-97)Back
�„ MONROE COUNTY ATTORNEY'S OFFICE
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DISCLOSURE OF LOBBYING ACTIVITIES
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MONROE COROUVED AS TC)FNTY ATTORNEYS OFFICE
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DATE; 4-17-2020