HomeMy WebLinkAboutItem O7 07
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
March 25, 2025
Agenda Item Number: 07
2023-3833
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: Approval of a $12,444,530.00 sub-recipient grant Agreement from
The Gulf Consortium passed through from the federal granting agency of the Gulf Coast Restoration
Council, for Monroe County's share of the Gulf Consortium Pot 3 RESTORE funds, to be used for up to
6 canal restoration projects on Big Pine Key.
ITEM BACKGROUND:
This item is for a sub-recipient grant Agreement for$12,444,530.00 from the Gulf Consortium for up to
6 canal restoration projects geographically grouped together on Big Pine Key on the "Avenues".
RESTORE Act funds came about as the result of the civil and criminal settlements of responsible actors
(namely BP) in the aftermath of the Deep-Water Horizon Oil Spill. RESTORE Act legislation passed
by Congress in 2010 directed those funds to the States and communities along the Gulf that were
directly and indirectly impacted in order to restore and protect their environments, water quality and
habitats.
The funds discussed here are those distributed to the State of Florida's 23 Gulf Coast counties which
formally organized as the Gulf Consortium. The purpose of the Consortium was to determine the use
and distribution of its share of settlement monies in compliance with the RESTORE Act. The funds
currently total approximately $290 Million. Over the course of about 5 years, the Gulf Consortium
worked on priorities, eligibility, distribution formulas, and then drafted and approved its State
Expenditure Plan (SEP). Each county submitted eligible environmental and water quality restoration
projects into the plan, and each county was allocated an equal share of the funds (about $12.6 M).
Monroe County submitted canal restoration as its project. The County Commission approved the
inclusion of this project, and its full allocation to this project, with Resolution 276-2016.
The six canal restoration projects are for Canals 293, 295, 297, 299, 300 and 315 within the Big Pine
Key area of the Avenues, which represent some of the worst water quality throughout the Florida Keys.
The canals are geographically located near each other and were included in one grant application to
3199
improve the cost efficiencies of the projects and to enhance the effectiveness of the nearshore water
quality by constructing all of the projects in one time frame rather than spread out over several years.
These projects will restore canal water quality, and provide healthy, diverse, and sustainable living for
coastal and marine resources. Additionally clean water will restore and conserve the health, diversity,
and resilience of key coastal, estuarine, and marine habitats.
The County is already underway with the design and permitting for the majority of the six canals,
funded by the County's share of the annual DEP Stewardship appropriation. Most projects are close to
being shovel ready. Each canal requires organic removal, backfill, and air curtain. The Agreement
includes tasks for the construction, oversight, and post monitoring effectiveness of the projects.
The operations and maintenance of the weed gate/air curtain required for each project will be funded
by an assessment set up on each canal. The residents have participated in meetings hosted by the
County and voted to proceed with the project with an understanding of the requirement for an
assessment.
Currently the canals waters have poor circulation, weed wrack loading, organic sediment accumulation,
and excessive depths. The restoration work aims to improve the oxygen level, remove accumulated
organics from within the canals, and add physical barriers to minimize additional organic accumulation
in these areas. These technologies will improve the water quality in canals.
It will take 3 years to construct the projects and post-monitoring, and maintenance will take place up to
an additional year after construction has ended. The entire project is estimated at 4 years.
Background: The Monroe County Canal Water Quality Restoration Program was established under the
auspice of the National Oceanic Atmospheric Association(NOAA) Florida Keys National Marine
Sanctuary(FKNMS) Water Quality Protection Program (WQPP) a set of guiding principles geared
toward improving canal water quality while ensuring no degradation of the Florida Keys National
Marine Sanctuary nearshore waters. The program evaluates, constructs and implements canal
restoration technologies to improve canal water quality throughout the Florida Keys in order to restore
and preserve the marine environment of the Florida Keys that supports unparalleled biodiversity and an
annual $1.3 billion tourism industry. Keys' tourism is a strong economic engine for both the local and
state economies, and it relies almost entirely on clean waters.
The restoration of water quality in Monroe County's residential canals is a complex and costly venture
that requires long-term commitments from participating entities. Through the development of the
program, Monroe County has documented areas where costs and project schedules can be managed to
reduce the expense associated with implementing and operating canal restoration projects.
In 2013, Phase II of the Monroe County Canal Management Master Plan(CMMP)was completed that
evaluated the conditions of the Keys canals,prioritized the need for water quality improvement, and
identified appropriate restoration options for each canal:
• Culvert
• Air Curtain
• Organic Removal
• Backfill
The CMMP selected technologies, above, that could address the specific Class III water quality
exceedances (dissolved oxygen and nutrients) within the canals and surrounding near shore waters.
Depending upon the specific canal(s) selected, one or a combination of techniques were proposed.
3200
As part of the Canal Restoration Demonstration Program, Florida International University (FIU)
assessed the effectiveness of the various technologies implemented by Monroe County and its partners
by comparing treated canals against nearby, unaltered controls over a period of three years.
Based on data collected during the limited monitoring period, FIU made the following conclusions
about the organic removal and backfilling technology(s):
• Organic removal: The removal of organic material from the canal bottom showed immediate and
drastic improvements in environmental conditions, though observations suggest further steps may need
to be taken to preserve the conditions that this technology quickly generated.
• Backfilling: This technique resulted in an immediate change in the canal's water quality by
significantly improving the water column's DO content. The decreased water depth allowed light to
penetrate to the sediment. As a result, there were measurable increases in benthic vegetation, fish
diversity and abundance and inhabitants of the sea walls.
• Air Curtains: The use of air curtains or weed gates appeared to be effective in reducing the
amount of seaweed wrack entering into the canals; however, canals that only implemented a weed
barrier as their treatment method displayed no improvement in water quality parameters.
Using these results from the Demonstration Program along with water quality data from the CMMP, the
County is proposing to move forward with organic muck removal, backfill, and air curtain restoration
projects at Canals 293, 295, 297, 299, 300 and 315 on Big Pine Key.
In November 2020, the Florida Department of Economic Opportunity (DEO) amended Chapter 28 -20
Land Planning Regulations for the Florida Keys Area of Critical State Concern in Monroe County to
include a new Work Plan for Canal Restoration implementation. The Work Plan sets forth a definitive
timeline for canal restoration with essential milestones for the completion of the program within the
next 10 years. The County has taken action to create a Canal Restoration List containing 96 projects
estimated to cost $538 Million to implement, ranging from $200,000 to $50 million/project.
PREVIOUS RELEVANT BOCC ACTION:
November 2016: the BOCC approved the inclusion of canal restoration projects in the State Expenditure
Plan and allocation of the entire allocation of Monroe's share of Gulf Consortium pot funds ($12.6m) to
canal restoration projects (Resolution 276-2016).
2013 through 2018: the BOCC approved Commissioner Neugent to serve as Monroe County's
representative on the Gulf Consortium to develop the State Expenditure Plan and advocating for
inclusion of Monroe's canal restoration project, and since 2014, to serve as an elected member of the
Consortium's Executive Committee.
September 21, 2012: Monroe County joined the Gulf Consortium by approving the Inter-local
Agreement to participate in a consortium of counties to develop a State Expenditure Plan for
RESTORE Act funding allocated to the Florida's 23 Gulf Coast counties. (Resolution 246-2012).
October 16, 2023: Approval of a grant application to the Gulf Coast Restoration Council for Monroe
Countys share of the of the Gulf Consortium Pot 3 RESTORE funds for $12.65 M with no match
pursuant to Monroes approved project in the State Expenditure Plan: Canal Restoration. These funds
will be used for 6 canal restoration projects on Big Pine Key; retroactively ratifying the grant
application submitted October 6, 2023, and providing authorization for the County Administrator to
sign all necessary documents in connection with this grant.
3201
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution 276-2016-Allocation of Restore Funds for Canal Restoration.pdf
Gulf Consortium Monroe County Subrecipient Agreement- (4-16-25)Attorney Stamped.pdf
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date: October 1, 2029
Total Dollar Value of Grant: $12,444,530.00
Total Cost to County: None Current Year Portion: Est. $2 million
Budgeted: N/A
Source of Funds: RESTORE Pot 3 Gulf Consortium Pot CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: O&M for canal projects, which will
be funded by assessments
Revenue Producing: yes If yes, amount: $12,444,530.00
Grant: 250064231.01
County Match: None
Insurance Required: No
Additional Details:
3202
RESOLUTION NO. 276 -2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVING THE
ALLOCATION OF MONROE COUNTY RESTORE ACT FUNDS TO
CANAL WATER QUALITY RESTORATION PROJECTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in July 2012 the United States Congress passed the "Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012" (Act), and the President signed the Act into law, known as the RESTORE Act, to
establish a trust fund for deposits of 80% of administrative and civil penalties exacted from parties
responsible for the Deepwater Horizon oil spill for distribution of the funds among the affected
states; and
WHEREAS, the RESTORE Act distributes civil fines collected from the responsible
parties under the Clean Water Act to impacted States and counties along the Gulf Coast in three
separate streams or "pots" of funds: Direct Component "Pot 1" (Local Pot); Restoration Council
Pot "Pot 2"; and Spill Impact Component "Pot 3" (Gulf Consortium Pot); and
WHEREAS, Monroe County is scheduled to receive both Spill Impact Component "Pot
3" (Gulf Consortium Pot) funding in the amount of approximately $12.5M and Direct Component
"Pot 1" (Local Pot)in the amount of approximately $7.7M; and
WHEREAS, the Spill Impact Component "Pot 3" funds are $286M, with an additional
$14M expected in interest, for an approximate total of $300M. These funds are overseen by the
Gulf Consortium, made up of representatives of the 23 disproportionately and non-
disproportionately affected counties of the State of Florida. On September 21, 2012, Monroe
County joined the Gulf Coast Consortium by approving the Interlocal Agreement and authorizing
Resolution No. 246- 2012; and Commissioner George Neugent has represented Monroe County on
the Executive Committee of the Gulf Consortium for the past 4 years; and
WHEREAS, the Gulf Consortium ("Consortium") is responsible for developing a state-
wide plan for expending the funds in Pot 3, called the State Expenditure Plan ("SEP") that will
include eligible projects from each of the 23 Gulf Coast counties; and
WHEREAS, the SEP must be approved by the Restoration Council and therefore projects
to be included and funded in the State Expenditure Plan must be consistent with the RESTORE
Act and the Council's Comprehensive Plan's adopted Gulf Consortium goals, which are:
• Restore and Conserve Habitat — Restore and conserve the health, diversity, and
resilience of key coastal, estuarine, and marine habitats.
• Restore Water Quality — Restore and protect water quality of the Gulf Coast region's
fresh, estuarine, and marine waters.
• Replenish and Protect Living Coastal and Marine Resources — Restore and protect
healthy, diverse, and sustainable living coastal and marine resources.
• Enhance Community Resilience — Build upon and sustain communities with capacity to
adapt to short- and long-teen changes.
• Restore and revitalize the Gulf Economy— Enhance the sustainability and resiliency of
the Gulf economy; and
Page 1 of 4 3203
WHEREAS, the State Expenditure Plan must have the approval of the State of Florida
Governor's office (and represented by Florida Department of Environmental Protection), and
therefore projects to be included in the State Expenditure Plan shall be aligned with the coastal
environmental priorities of the State of Florida, the most significant of which, as identified by the
Consortium as theme for its plan, is water quality; and
WHEREAS, it is an additional important goal of the Consortium to be able to use the
$300M in its Pot 3 funds to leverage funds from other Deepwater Horizon spill-related funding
buckets such as Council funding (Pot 2) and National Fish and Wildlife Foundation (NFWF).
Therefore, the Consortium seeks to include projects in the SEP which have the potential to
maximize leveragability, i.e., align with the priorities of those other sources, are founded on sound
environmental plans, have secured local match, and are of significant size, scope and benefit; and
WHEREAS, the Consortium formally approved expending Pot 3 funds such that each of
the 23 counties making up the Consortium will have an equal amount of funded projects included
in the State Expenditure Plan; thus each of the 23 counties will have approximately $12.5M
($13M with interest) in projects funded through the State Expenditure Plan; and
WHEREAS, the Consortium will receive its Pot 3 funds via annual payments of
approximately $20M over a 15 year period, under the terms and conditions of the Consent Decree
approved and entered into by the US District Court and BP, with payments beginning in April
2017 through 2032; and
WHEREAS, the Gulf Consortium has yet to determine the distribution of these annual
funds among the projects of the 23 counties over the 15-year payout period; and
WHEREAS, canal water quality restoration is entirely consistent with goals and priorities
set forth by the Consortium in the State Expenditure Plan; and
WHEREAS, the County is also the recipient of RESTORE Act Direct Component ("Local
Pot"/ "Pot I"). These funds to the Local Pot come via three different settlement allocations (see
attached Treasury Department Allocation Tables):
• Transocean settlement: $1,184,925, in a one-time, lump sum payment (allocated);
• Anadarko settlement: $172,673, in a one-time, lump sum payment (not yet allocated);
and
• BP settlement: for $6,358,288, in annual payments over a 15-year period (not yet
allocated); and
WHEREAS, the BOCC approved allocating the $1.184M in Transocean funding in the
County's local pot, on February 18, 2015, to three projects: $478K for canal restoration in
unincorporated Monroe, $128K for canal restoration in Islamorada and $578K for coral
restoration. An advisory group convened by the Board of County Commissioners recommended
these projects for funding based on a selection process developed by the committee as directed and
approved by the BOCC; this process is reflected in the Monroe County Multi-Year
Implementation Plan ("MYIP"), adopted by the Board of County Commissioners on September
16, 2015 per Resolution 252-2015, and deemed in compliance with the RESTORE Act regulations
by the U.S. Treasury Department on April 6, 2016; and
Page 2 of 4 3204
WHEREAS, Monroe will receive the BP funds to its Local Pot via annual payments of over
a 15 year period, under the terms and conditions of the Consent Decree approved and entered into
by the US District Court and BP, with payments beginning in April 2017 through 2032; and will
be paid as such:
• 2017: payment of$410K;
• 2018: payment of$220K; and
. 2019 through 2031: annual payments of$440K; and
WHEREAS, the extended payout period for these funds adds significantly to the County's
administrative/oversight costs for the management, monitoring and reporting of the expenditure of
these funds; and as RESTORE Act law limits administrative reimbursement to 3%, the County
desires to allocate these funds in a way that minimizes additional costs incurred to the County; and
WHEREAS, allocating these funds to a large-scale, long-term environmental/restoration
initiative such as canal restoration is cost-effective, while also being consistent with the local
priorities articulated in the MYIP; and
WHEREAS, canal restoration is a component of overall water quality and environmental
protection in the Florida Keys, complementing the $1 B investment by local taxpayers and the state
to implement centralized wastewater treatment to protect and restore water quality, and complies
with the letter and intent of the RESTORE Act; and
WHEREAS, over three hundred (300) canals have been identified in the Monroe County
Canal Management Master Plan (CMMP) as having sub-standard water quality, and are listed as
"impaired water bodies"by the EPA and exceed DEP Chapter 62-302 Surface Water Standards for
nutrients, such as nitrogen and phosphorus and dissolved oxygen. Canals discharge directly into
near shore Outstanding Florida Waters in the Florida Keys National Marine Sanctuary (FKNMS),
where FDEP has adopted a "zero-degradation" policy. High levels of nutrients and low levels of
dissolved oxygen are conditions that have been directly linked to extensive die-off of coral reefs
and seagrass beds in coastal waters; and
WHEREAS, canal water restoration projects will remedy the high nutrient loading and
low dissolved oxygen impairing the water in canals by implementing technologies that address the
most significant causes of those conditions: accumulated organics, seaweed loading, and poor
flushing and tidal flow.
WHEREAS, reduced nutrient loading, increased dissolved oxygen and increased water
clarity to the nearshore Outstanding Florida Waters and the waters of FKNMS will improve water
quality conditions that are essential for sustaining a marine ecosystem that is one of the most
unique and prolific in the world, and home to the only living coral reef in the continental U.S., and
one of the world's largest seagrass beds, both rich and productive habitats that provide support to
6,000 species of plants, fishes, and invertebrates, including many species listed for protection
under the Endangered Species Act; and
Page 3 of 4 3205
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. The Board of County Commissioners of Monroe County, Florida hereby approves the
entire allocation of the BP and Anadarko settlement portions of funds to Monroe
County's Pot 1 ("Local Pot") to canal restoration projects.
2. The Board of County Commissioners of Monroe County, Florida hereby approves the
inclusion of canal water restoration projects in the State Expenditure Plan for Monroe
County's share of Pot 3 ("Gulf Consortium Pot") and approves the entire allocation of
Monroe County's share of the Gulf Consortium Pot to canal restoration projects.
3. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 14th day of November, 2016.
Mayor Heather Carruthers yes
Mayor Pro Tem George Neugent yes
Commissioner Danny Kolhage yes
Commissioner David Rice yes
Commissioner Sylvia Murphy yes
ey3
1
BOARD OF COUNTY COMMISSIONERS
• �, Clerk OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor
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Page 4 of 4 3206
GULF COAST RESTORATION TRUST FUND -' T�I'4Y�SoC�/f/v February 1, 2016
Treasury-Administered Direct Component
Florida Trust Fund Allocations as of December 31,201S
Allocation of Gross Allocations Current Allocations
Florida County Florida's Direct Made Available Obligations Available
Component Share
Disproportionately Affected 75%
Bay 15.101453044% $ 6,470,084.58 $ - $ 6,470,084.58
Escambia 25.334760043% 10,8S4,454.86 415,850.11 10,438,604.75
Franklin .441 5 238% 3,616,580.62 - 3,616,580.62
Gulf 6.743202296% 2,889,065.65 560,400.66 2,328,664.99
Okaloosa 15.226456794 6,523,641.34 - 6,523,641.34
Santa Rosa 10.497314919% 4,497,482.14 - 4,497,482.14
Wakulla 4.943148294% 2,117,848.36 - 2,117,848.36
Walton 13.712411372% 5,874,962.90 - S1874,961.90
Subtotal 100.00000000091 $ 42 844119.45 $ 976,250.77 $ 41,867,868.68
Nondisproportionately Impacted 25%
Charlotte 51 % $ 737,204.48 $ - $ 737,204.48
Citrus 4.692% 670,082.03 - 670,082.03
Collier 7.019%. 1,002,409.58 - 1,002,409.58
Dixie 3.484% 497,563.04 - 497,563.04
Hernando 4.9829 712,498.01 - 711,498.01
Hillsborough 13.339% 1,904,992.36 - 1,954,992.36
Jefferson 3.834% 547,547.85 - 547,547.85
Lee 8.776% 1,253,333.31 - 1,253,333.31
Levy 3.894% 556,116.67 - 556,116.67
Manatee 6.809%1 972,418.70 - 972,418.70
Monroe 8.297% 1,184,925.53 - 1,184,925.53 -
Pasco 7.079% 1010,978.41 - 1,010,978.41
Pinellas 11.002% 1,571,236.67 - 1,571,236.67
Sarasota 7.248% 1,035,113.93 - 1,035,113.93
Taylor 4.383% 625,9S2.58 - 625,952.58
Subtotal 100.000% $ 14,282,373.15 $ 14,281,373.15
Total $ 57,125,492.60 $ 976,250.77 $ 56,149,241.83
Department of the Treasury Page 2 Office of Gulf Coast Restoration
3207
GULF COAST RESTORATION TRUST FUND Al/9 February 1,2016
Allocation Estimates Including Deposit from Anadarko Petroleum Judgment
Treasury-Administered Direct Component Florida Allocation Estimates
Estimated Net Allocation
Allocation of Gross Allocations Proceeds Obligations as of Estimates including
Florida County Florida's Direct Available as of to be Deposited December 31, Deposit from
Component Share December 31,2015 from Anadarko 2015 Anadarko Judgment
Judgment 1 after Obligations
Disproportionately Affected 75%
Bay 15.101453044 $ 6,470,084.58 $ 942,854.39 $ - $ 7,412,938.97
Esambia 'x 10,854,454.86 1581,767.63 415,850.11 $ 12,020,372.38
Franklin 8 3,616580.62 S27,026.94 S 4,243,60756
Gulf 5.74320229651 2,889,065.6S 421,009.68 560,400.66 $ 2,7ii,674.67
Okaloosa 15.226456794% 6,523,641.34 950,658.96 - $ 7,474,300.30
Santa Rosa 10.497314919% 4,497,4H2.14 655,39650 - S 5,152,878.64
WOOD 4.9431482949 2,117,848.36 308,623.88 - S 2,426,472.24
Walton 13.712411372% 5,974,961.90 856,130.02 $ 6,731,09192
Subtotal 100• S 42,344,119.45 S 6,243,468.00 $ 976,250.77 $ 48,111,336.68
Nondisproportionately as%
Impacted
Charlotte S-162%j 737,204.48 S 107,429.27 $ S 844 633.75
Citrus 4.692% 670,082.03 97,647.94 - S 767,729.87
Collier 7.03 1,002,409.58 146,076.34 $ 1,148,485.92
Dixie 3.484% 497,563.04 72,507.49 - S 570,070.53
Hernando 4.982% 711,498.01 103,683.19 $ 815,181.20
Hillsborough 13.339% 1,904,992.36 277,605.40 - $ 2,182,597.76
Jefferson 3.834% 547,547.85 79,791.52 - $ 627,339.37
Lee 8.776% 1,253,333.31 182,642.25 - $ 1,435,975.56
Levy 3.894% S56,116.67 81,040.21 $ 637,156.88
Manatee 6.809% 972,418.70 141,705.91 - $ 1,114,124.61
Monroe 8.297% 1,194,925.53 •fit 172,673.51 $ 1,3S7,599.04
Pasco 7.079% 1,010,978.41 147,325.03 - $ 1,158,303.44
Pinellas 11.002% 1,571,236.67 228,968.78 $ 1,800,205.45
Sarasota 7.248% 1,035,113.93 150,842.19 - $ 1,185,956.12
Ta or 4.383%1 625,952.58 91,217.07 - $ 717,169.65
Subtotal 100.000% $ 14,281,373.15 2,081,156.00 - $ 16,362,529.15
Total S 57,125,492.60 1$ 8,324,624.00 1 S 976,2S0.77 I S 64,473,865.83
1 For illustrative purposes,estimates Include the single payment of the December 16,2015,Anadarko Petroleum Corporation
judgment,Issued by the United States District Court for the Eastern District of Louisiana,and are adjusted for Fiscal Year 2016
sequestration,pursuant to section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985,as amended.
These values do not Include an interest estimate for the Anadarko payment.
Department of the Treasury Page 5 Office of Gulf Coast Restoration
3208
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3209
GULF CONSORTIUM SUBRECIPIENT AGREEMENT NO. 250064231.01
PURSUANT TO
THE RESTORE ACT SPILL IMPACT COMPONENT AND THE STATE OF FLORIDA
STATE EXPENDITURE PLAN
1. Subrecipient Name (which must match the registered name in System for Award
Management) and Address: Monroe County
2. Subrecipient's System For Award Management (SAM) Unique Entity Identification
Number: KLSCT2LM7M9
3. Federal Award Identification Number(FAIN): GNSSP25FL0064-01-00
4. Federal Award Date (see 2 C.F.R. § 200.39 "Federal award date"): March 3, 2025
5. Subaward Period of Performance:
Effective Date: (Date Executed by both Parties)
Project Completion Date: October 1, 2029
6. Budget Period: March 3, 2025 —October 1, 2029
7. Amount of Federal Funds Subject to Award (to Gulf Consortium): $12,516,999.00,
$12,722,469.00 including non-federal co-funding.
8. Total Amount of Federal Funds Obligated to the Subrecipient: $12,444,530.00, Note:
the Award includes $205,470 in HESI funds allocated to Subrecipient (non-federal co-funding
amount).
9. Total Amount of the Federal Award Subject to this Agreement: $12,650,000.00
10. Federal award project description:
This project involves six canal restoration projects (Canals 293, 295, 297, 299, 300, and 315)
located within the Big Pine Key area of the Avenues which represents some of the worst water
quality throughout the Florida Keys. Big Pine Key is in Monroe County and is about 100 miles
south of Miami and 30 miles north of Key West.
11. Name of Federal awarding agency, pass-through entity and contact information for
awarding official:
Federal Awarding Agency—Gulf Ecosystem Restoration Council
Pass Through Entity—The Gulf Consortium
Contact Information for Awarding Official of Pass-Through Entity-
Gulf Consortium General Manager
3210
The Balmoral Group
165 Lincoln Avenue
Winter Park, FL 32789
(407) 629-2185
Gulf.Consortium@balmoralgroup.us
12. CFDA Number and Name: 87.052 Gulf Coast Ecosystem Restoration Council Oil Spill
Impact Program
13. Identification of whether the award is for research and development(R&D): No
14. Indirect cost rate for the Federal award (including whether the de minimis rate is charged
per 2 C.F.R. § 200.414 "Indirect(F&A) costs"): N/A
3211
TABLE OF CONTENTS
SECTION1. RECITALS........................................................................................................ 2
SECTION2. GENERAL.........................................................................................................2
SECTION3. TERM................................................................................................................ 2
SECTION 4. CONSIDERATION, COST REIMBURSEMENT,
SUPPORTING DOCUMENTATION. ............................................................. 2
SECTION 5. PROCESSING OF REIMBURSEMENT REQUESTS. ................................... 4
SECTION 6. PAYMENTS TO SUBRECIPIENT SUBJECT TO APPROPRIATION. ........ 5
SECTION 7. REPORTING REQUIREMENTS..................................................................... 5
SECTION 8. INDEMNIFICATION. ...................................................................................... 6
SECTION 9. DEFAULT; TERMINATION; FORCE MAJEURE......................................... 6
SECTION 10. REMEDIES; FINANCIAL CONSEQUENCES............................................... 7
SECTION11. AUDITS........................................................................................................... 10
SECTION 12. SUBCONTRACTS; PROCUREMENT; SUBAWARDS............................... 11
SECTION13. CLOSEOUT. ................................................................................................... 15
SECTION 14. LOBBYING PROHIBITION; CONFLICTS OF INTEREST........................ 16
SECTION 15. COMPLIANCE WITH LAWS. ...................................................................... 17
SECTION16. NOTICE........................................................................................................... 17
SECTION17. CONTACTS.................................................................................................... 17
SECTION18. INSURANCE. ................................................................................................. 18
SECTION 19. REAL PROPERTY; EQUIPMENT. ............................................................... 18
SECTION 20. UNAUTHORIZED EMPLOYMENT............................................................. 19
SECTION 21. NON-DISCRIMINATION.............................................................................. 19
SECTION 22. DEBARMENT/SUSPENSION....................................................................... 19
SECTION 23. COPYRIGHT, PATENT, AND TRADEMARK............................................ 19
SECTION 24. SPECIAL CONDITIONS................................................................................ 20
SECTION 25. ENVIRONMENTAL CONDITIONS. ............................................................ 20
SECTION 26. PHYSICAL ACCESS AND INSPECTION.................................................... 20
SECTION 27. AMENDMENTS/MODIFICATIONS. ........................................................... 20
SECTION 28. PERMITS. ....................................................................................................... 21
SECTION 29. RECORDS; ACCESS TO RECORDS AND PERSONNEL.......................... 21
SECTION 30. MISCELLANEOUS........................................................................................ 22
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ATTACHMENTS:
ATTACHMENT A FINANCIAL ASSISTANCE AWARD......................................A-1
ATTACHMENT B SPECIAL AWARD CONDITIONS............................................B-1
ATTACHMENT C SUPPORTING DOCUMENTATION REQUIREMENTS.........C-1
ATTACHMENT D-1 FEDERAL PROVISIONS APPLICABLE .............................D-1-1
TO SUBRECIPIENT
ATTACHMENT D-2 FEDERAL NON-DISCRIMINATION PROVISIONS...........D-2-1
ATTACHMENT D-3 ENVIRONMENTAL COMPLIANCE....................................D-3-1
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THIS SUBRECIPIENT AGREEMENT (hereinafter referred to as "Agreement") is
entered into by and between the GULF CONSORTIUM, a legal entity and public body organized
and created pursuant to section 163.01, Florida Statutes, (hereinafter referred to as the
"Consortium") and MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street Key West, FL 33040 (hereinafter referred to as "Subrecipient"),
to provide for the sub-award of funds to Subrecipient made available through Financial Assistance
Award FAIN No. GNSSP25FL0064-01-00 between the Consortium and the Gulf Coast Ecosystem
Restoration Council (hereinafter referred to as the "RESTORE Council"). Collectively, the
Consortium and the Subrecipient shall be referred to as "Parties" or individually as a"Party."
WHEREAS, in July 2012, the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, Public Law 112-141,
codified at 33 U.S.C. 1321(t) (hereinafter referred to as the"RESTORE Act")established the Gulf
Coast Ecosystem Restoration Council (hereinafter referred to as the "RESTORE Council") and
made funds available for the restoration and protection of the Gulf Coast Region through a trust
fund in the Treasury of the United States known as the Gulf Coast Restoration Trust Fund
(hereinafter referred to as the "Trust Fund"); and
WHEREAS,pursuant to the RESTORE Act, thirty percent(30%) of the funds available in
the Trust Fund are allocated to the Spill Impact Component, under which such funds are made
available to the five Gulf Coast states, including Florida, pursuant to an approved State
Expenditure Plan that meets the criteria set out in the RESTORE Act at 33 U.S.C. 1321(t)(3)(13)(i),
including consistency with the goals and objectives of the RESTORE Council's Comprehensive
Plan; and
WHEREAS, the State of Florida State Expenditure Plan ("FSEP") was approved by the
RESTORE Council on October 1, 2018; and
WHEREAS, FSEP Project No. 23-1 provides for the completion of six canal restoration
projects (Canals 293, 295, 297, 299, 300, and 315) located within the Big Pine Key area of the
Avenues, which represents some of the worst water quality throughout the Florida Keys; and
WHEREAS, on March 3, 2025, the Consortium and the RESTORE Council entered into
Financial Assistance Award FAIN No. GNSSP25FL0064-01-00 governing the award of funds
from the Trust Fund for the purpose of funding all or a portion of FSEP Project No. 23-1, as further
described in such Financial Assistance Award and the attachments thereto (the "Project"); and
WHEREAS, the purpose of this Agreement is to provide for the sub-award of funds
awarded to the Consortium pursuant to Financial Assistance Award FAIN No. GNSSP25FL0064-
01-00 to Subrecipient such that Subrecipient may complete the Project, subject to the terms and
conditions set forth herein; and
WHEREAS, the Subrecipient represents that they possess the requisite skills, knowledge,
financial capability and experience to perform the Project and other activities as provided herein.
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NOW, THEREFORE, in consideration of the promises and the mutual benefits to be
derived therefrom, the Consortium and the Subrecipient do hereby agree as follows:
SECTION 1. RECITALS.
The above recitals are true and correct and are hereby incorporated herein by reference
and made a part of this Agreement.
SECTION 2. GENERAL.
The Subrecipient does hereby agree to perform the Project in accordance with the terms
and conditions set forth in this Agreement, Financial Assistance Award FAIN No.
GNSSP25FL0064-01-00, attached hereto as Attachment A (hereinafter the"Financial Assistance
Award" or "Award"), including the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards set out at 2 CFR part 200 and the RESTORE Council's
Financial Assistance Standard Terms and Conditions; any Special Award Conditions contained in
Attachment B hereto (hereinafter "Special Award Conditions"); the Gulf Consortium
Subrecipient Policy and Grant Manual (available at https://www.gulfconsortium.org/); and all
other attachments and exhibits hereto.
SECTION 3. TERM.
A. This Agreement shall begin upon execution by both Parties (the "Effective Date")
and shall remain in effect until October 1, 2029 (the "Project Completion Date"), except that the
provisions contained within Sections 7, 10, 11, 12, 26, and 29 shall survive the termination of this
Agreement.
B. The Subrecipient shall be eligible for reimbursement for work performed on or after
the Effective Date through the Project Completion Date. While certain pre-award costs incurred
by Subrecipient may be eligible for reimbursement if so indicated within the Financial Assistance
Award and approved by the RESTORE Council, Subrecipient assumes the risk for any costs
incurred prior to the Effective Date and acknowledges that such costs may not be eligible for
reimbursement under this Agreement.
C. All references to days herein shall refer to calendar days unless otherwise indicated.
SECTION 4. CONSIDERATION, COST REIMBURSEMENT, SUPPORTING
DOCUMENTATION.
A. As consideration for the satisfactory completion of services rendered by the
Subrecipient and subject to the terms and conditions of this Agreement, the Consortium shall pay
the Subrecipient, on a cost reimbursement basis, up to a maximum of $12,650,000.00 for
completion of the Project. This amount consists of$12,444,530 subawarded to the Subrecipient
under the Award and an additional $205,470 in HESFTransocean Settlement ("HESI") funds
allocated to Subrecipient by the Consortium. It is understood and agreed that any additional funds
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3215
necessary for the completion of this Project above and beyond this award amount are the sole
responsibility of the Subrecipient.
B. The Subrecipient shall be reimbursed on a cost reimbursement basis for eligible
and allowable Project costs as such costs are incurred. Reimbursement shall be requested through
the Consortium's Grants Management System Portal located at
https://www.gulfconsortium.org/grant-resources ("Grant Management Portal"), as further
described in Section 5 hereof. To be eligible for reimbursement under this Agreement,
Subrecipient shall submit sufficient documentation to the satisfaction of the Consortium
demonstrating that Subrecipient is legally obligated to pay the costs for which reimbursement is
sought. Additionally, all costs for which reimbursement is sought must be in compliance with
laws, rules and regulations applicable to expenditures of Federal grant funds, including, but not
limited to, 31 C.F.R. Part 34, 2 C.F.R. Part 200, and the RESTORE Council Financial Assistance
Standard Terms and Conditions. Advance payment of funds to the Subrecipient under this
Agreement shall not be permitted unless expressly approved through a special award condition.
C. All requests for reimbursement under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. A final payment request should be
submitted to the Consortium no later than thirty (30) days following the Project Completion Date,
to assure the availability of funds for payment.All work must be performed on or before the Project
Completion Date, and the subsequent thirty (30) day period merely allows the Subrecipient to
finalize invoices and backup documentation to support the final payment request.
D. The Consortium requires detailed documentation of all costs for which
reimbursement is sought under this Agreement ("Supporting Documentation"). The minimum
requirements regarding such Supporting Documentation are set forth in Attachment C,
Supporting Documentation Requirements.Each payment request submitted by the Subrecipient
shall be accompanied by sufficient Supporting Documentation substantiating all costs incurred and
for which reimbursement is sought, to the satisfaction of the Consortium. In the event the
Consortium determines the Supporting Documentation submitted by the Subrecipient is
insufficient to enable it to evaluate the allowability and eligibility of costs, the Subrecipient shall
furnish additional Supporting Documentation to the satisfaction of the Consortium.
E. Eligible and allowable costs for reimbursement under this Agreement shall be
determined in accordance with 31 C.F.R. Part 34, 2 C.F.R. Part 200, the RESTORE Council
Financial Assistance Standard Terms and Conditions, and other applicable laws, rules, and
regulations.
F. Accounting. Subrecipient's accounting and financial management system shall
comply with 2 C.F.R. Part 200, including but not limited to 2 C.F.R. § 200.302 pertaining to
financial management. Subrecipient's accounting and financial management system shall be
sufficient to permit the preparation of reports required in connection with this Agreement and the
tracing of funds to a level of expenditures adequate to establish that such funds have been used
pursuant to the terms of this Agreement. Payments to Subrecipient may be contingent upon
certification of the Subrecipient's financial management system in accordance with the standards
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3216
specified in 2 C.F.R. Part 200, including but not limited to 2 C.F.R. § 200.302. Subrecipient must
ensure that all sub-subrecipients comply with the provisions of this paragraph.
G. In the event that the Subrecipient recovers costs incurred under this Agreement and
reimbursed by the Consortium from another source, the Subrecipient shall reimburse the
Consortium for all recovered funds originally provided under this Agreement. Interest on any
refund shall be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Subrecipient to
the date repayment is made to the Consortium by the Subrecipient.
H. Retainage. Five percent(5%)of the total amount of RESTORE Act funds obligated
to Subrecipient under the Award shall be retained at the end of the Project until the Grant
Administrator verifies that all required work provided for under the Award is complete.
SECTION 5. PROCESSING OF REIMBURSEMENT REQUESTS.
A. No more frequently than on a monthly basis, the Subrecipient may request
reimbursement from the Consortium for costs incurred under this Agreement for which the
Subrecipient is legally obligated to pay. All payment requests shall be submitted using the
Payment Request Form made available through the Grant Management Portal located at
https://www.gulfconsortium.org/grant-resources, and shall be accompanied with sufficient
Supporting Documentation (collectively the Payment Request Form and any Supporting
Documentation shall hereinafter be referred to as the "Payment Request"). Additionally, at the
time of each Payment Request, Subrecipient shall submit a"Progress Report"utilizing a form for
same made available through the Grant Management Portal, which shall describe the work
performed for which reimbursement is being requested.
B. Within ten (10) days after receipt of the Payment Request, the Consortium shall, in
its sole discretion, determine if the Payment Request, or any portion thereof, is acceptable and in
strict compliance with the terms of this Agreement. If it is determined there are any errors in the
Payment Request or if additional Supporting Documentation is required, the Consortium shall
notify the Subrecipient within fifteen (15) days of receipt of such Payment Request. The
Subrecipient shall submit a revised Payment Request within ten(10)days of receipt of notice from
the Consortium. The Consortium reserves the right to delay or deny any Payment Request
containing errors or lacking sufficient Supporting Documentation until such deficiencies are
corrected to the satisfaction of the Consortium.
C. Upon determination by the Consortium that the Payment Request is sufficient, the
Consortium shall initiate the reimbursement process through the RESTORE Council in accordance
with the RESTORE Council Financial Assistance Standard Terms and Conditions and the
Consortium's applicable policies and procedures. Within ten(10)days of the Consortium's receipt
of the funds subject to the Payment Request from the RESTORE Council, the Consortium shall
remit such funds to the Subrecipient.
D. If applicable, program income must be disbursed before the Subrecipient requests
funds from the Consortium.
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SECTION 6. PAYMENTS TO SUBRECIPIENT SUBJECT TO AVAILABILITY
OF FUNDS.
The Consortium's performance and obligation to pay Subrecipient under this Agreement
is expressly contingent upon the Consortium's actual receipt of applicable funding from the
RESTORE Council. Authorization for continuation and completion of work and payment
associated therewith may be rescinded by the Consortium at its discretion, upon proper notice to
Subrecipient, if RESTORE Council funds are reduced or eliminated.
SECTION 7. REPORTING REQUIREMENTS.
A. Financial and Performance Reports. Subrecipient shall submit biannual financial
and performance reports related to the Project on forms provided by the Consortium and made
available through the Grant Management Portal, unless a different reporting period is included as
a special award condition. Each such financial and performance report shall be submitted no later
than twenty (20) days following the completion of the applicable reporting period. If the work to
be performed under this Agreement involves construction, restoration, or otherwise consists of
tangible improvements to the physical environment, Subrecipient shall include with each
performance report project photographs in jpg format and brief explanations of same depicting the
current status of the project, which photographs shall be suitable for posting to a project-related
website.
B. Final Project Report. Within 45 days of the completion of all required work
contemplated under the Award, Subrecipient shall submit a"Final Project Report,"on a form made
available through the Grant Management Portal, in which the Subrecipient shall affirm that to the
best of its knowledge and belief the Project has been satisfactorily completed. The Final Project
Report shall further include an accounting of all Project expenses and such other information as
the Consortium deems necessary to facilitate close out of the Award and permit the Consortium to
meet all of its obligations and requirements under such Award.
C. Every publication of material based on, developed under, or otherwise produced
under a RESTORE Council financial assistance award, except scientific articles or papers
appearing in scientific, technical or professional journals must contain the following disclaimer:
"This [publication/video/etc.] was prepared by [Subrecipient] using
Federal funds under award [Federal Award Identification Number]
from the RESTORE Council. The statements,findings, conclusions,
and recommendations are those of the author(s) and do not
necessarily reflect the views of the RESTORE Council.
D. The Subrecipient agrees to provide a copy of any draft report or presentation to the
Consortium before making, or allowing to be made, a press release, publication, or other public
announcement concerning the final outcome of the FSEP Project that is the subject of this
Agreement.
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E. Any signage produced with funds from the Award or informing the public about
the activities funded in whole or in part by the Award, must first be approved in writing by the
Grant Administrator.
F. If the direct and/or indirect purchase of equipment is authorized under section 19
of this Agreement,then the Subrecipient shall comply with the property management requirements
set forth in 2 C.F.R. § 200.313. An inventory of all personal property/equipment purchased under
this Agreement shall be completed at least once every two (2) years and submitted via the Grant
Management Portal no later than January 31st for each year this Agreement is in effect. A final
inventory report shall be submitted at the end of the Agreement.
G. Reporting on Real Property. In accordance with 2 C.F.R. § 200.329, The
Subrecipient shall complete and submit to the Consortium a report on the status of the real property
or interest in real property in which the federal government retains an interest,using a SF-429 Real
Property Status Report form annually for the first three years of the Award and thereafter at
successive five year intervals until the end of the Estimated Useful Life of the property or time of
disposition, whichever is less. All reports shall be submitted within 30 days of the end of the year
for which the report is made.
H. Funding Accountability and Transparency Act. Because of the federal funds
awarded under this Agreement,the Consortium must comply with the Funding Accountability and
Transparency Act of 2006 ("FFATA"). FFATA requires that information on federal awards
(federal financial assistance and expenditures) be made available to the public via a single,
searchable website, www.USASpending.gov. Grant recipients awarded a new Federal grant
greater than or equal to $25,000 awarded on or after October 1, 2010, are subject to FFATA. The
Subrecipient agrees to assist the Consortium in providing the information necessary, over the life
of this Agreement, for the Consortium to comply with its reporting obligations under FFATA.
L Nonconsumable and/or nonexpendable personal property or equipment that costs
$1,000 or more purchased for the Project by Subrecipient is subject to the requirements set forth
in Chapter 274, F.S., Chapter 69I-73, F.A.C., and , 2 C.F.R. Part 200 (for equipment in excess of
$5,000), as applicable. The Subrecipient shall be responsible for maintaining appropriate property
records for any subcontracts that include the purchase of equipment as part of the delivery of
services. The Subrecipient shall comply with this requirement and ensure its subcontracts issued
under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
SECTION 8. INDEMNIFICATION.
Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful
acts of its employees and agents, within the limits prescribed by law. However,nothing contained
herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of
section 768.28, F.S.
SECTION 9. DEFAULT; TERMINATION; FORCE MAJEURE.
A. Termination for Cause.
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1. By Consortium. The Consortium may terminate this Agreement for cause
at any time if any covenant, warranty, or representation made by Subrecipient in this Agreement
or in its application for funding submitted to the Consortium shall at any time be false or
misleading in any respect, or in the event of the failure of the Subrecipient to comply with the
terms and conditions of this Agreement. Prior to termination,the Consortium shall provide fifteen
(15)days written notice of its intent to terminate and shall provide the Subrecipient an opportunity
to consult with the Consortium regarding the reason(s) for termination.
2. By Subrecipient. Subrecipient may terminate this Agreement for cause at
any time if the Consortium fails to fulfil any of its responsibilities or obligations under this
Agreement. Prior to termination, Subrecipient shall provide fifteen (15) days written notice of its
intent to terminate setting forth the reasons for such termination, and shall provide the Consortium
an opportunity to consult with the Subrecipient regarding the reasons for termination.
B. Termination for Convenience. This Agreement may be terminated for convenience
upon mutual agreement of the Parties. In such event, both Parties shall enter into a separate
agreement governing the termination conditions, including, but not limited to, the effective date
thereof.
C. Force Majeure. If a force majeure event occurs that causes delays or the reasonable
likelihood of delay in the fulfillment of the requirements of this Agreement, the Subrecipient shall
promptly notify the Grant Administrator in writing of the anticipated length and cause of the delay,
the measures taken or to be taken to minimize the delay and the Subrecipient's intended timetable
for implementation of such measures. If the Parties agree that the delay or anticipated delay was
caused, or will be caused by a force majeure,the Consortium may, at its discretion, extend the time
for performance under this Agreement for a period of time equal to the delay resulting from the
force majeure upon execution of an amendment to this Agreement. Such agreement shall be
evidenced by an Amendment to the Agreement in accordance with Section 27 hereof. For purposes
of this Agreement, "force majeure event"shall be defined as shall be an act of God, strike, lockout,
or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire,
flood, explosion, failure to receive timely necessary third party approvals through no fault of the
Subrecipient,and any other cause,whether of the kind specifically enumerated herein or otherwise,
that is not reasonably within the control of the Subrecipient and/or the Consortium. Failure to
perform by the Subrecipienfs consultant(s)or subcontractor(s) shall not constitute a force majeure
event.
D. Effect of Termination. Costs incurred by the Subrecipient after termination of this
Agreement shall not be reimbursable unless expressly authorized by the Consortium prior to the
effective date of termination, or otherwise allowable pursuant to 2 C.F.R. §200.342.
SECTION 10. REMEDIES; FINANCIAL CONSEQUENCES.
A. In the event that a deliverable or milestone to be performed under this Agreement
is deemed unsatisfactory by the Consortium,the Subrecipient shall re-perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Consortium, within twenty
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(20) days of being notified of the unsatisfactory deliverable, or within such other timeframe as is
specified in writing by the Grant Administrator. If a satisfactory deliverable is not submitted within
the specified timeframe, the Consortium may, in its sole discretion, either: 1) terminate this
Agreement for failure to perform,or 2)the Consortium Grant Administrator may,by written notice
specifying the failure of performance under this Agreement, request that a proposed Corrective
Action Plan (CAP) be submitted by the Subrecipient to the Consortium. All CAPS must be able
to be implemented and performed in no more than sixty(60) calendar days from the Consortium's
approval of the CAP.
1. A CAP shall be submitted within ten (10) days of the date of the letter
request from the Consortium. The CAP shall be sent to the Consortium Grant Administrator for
review and approval. Within ten (10) calendar days of receipt of a CAP, the Consortium shall
notify the Subrecipient in writing whether the CAP proposed has been accepted. If the CAP is not
accepted, the Subrecipient shall have ten (10) days from receipt of the Consortium letter rejecting
the proposal to submit a revised proposed CAP. Failure to obtain the Consortium approval of a
CAP as specified above may result in the Consortium's termination of this Agreement for cause as
authorized in this Agreement.
2. Upon the Consortium's notice of acceptance of a proposed CAP, the
Subrecipient shall have ten (10) days to commence implementation of the accepted plan.
Acceptance of the proposed CAP by the Consortium does not relieve the Subrecipient of any of
its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance
deficiencies by Subrecipient, the Consortium shall retain the right to require additional or further
remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the
Consortium or steps taken by the Subrecipient shall preclude the Consortium from subsequently
asserting any deficiencies in performance. The Subrecipient shall continue to implement the CAP
until all deficiencies are corrected. Reports on the progress of the CAP will be made to the
Consortium as requested by the Consortium Grant Administrator.
3. Failure to respond to a Consortium request for a CAP or failure to correct a
deficiency in the performance of the Agreement as specified by the Consortium may result in
termination of the Agreement.
The remedies set forth above are not exclusive and the Consortium reserves the right to exercise
other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement or
as otherwise available at law or in equity.
B. If the Subrecipient materially fails to comply with the terms and conditions of this
Agreement, including any federal or state statutes, rules,policies, or regulations, applicable to this
Agreement, the Consortium may, in its sole discretion, take one or more of the following actions:
1. Temporarily withhold cash payments to the Subrecipient pending correction
of the deficiency by the Subrecipient or more severe enforcement action by the RESTORE Council
or the Consortium.
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2. Disallow (i.e. deny both use of funds and any applicable matching credit
for) all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate this Agreement.
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and RESTORE Council regulations (or in the case of the Consortium, recommend such
a proceeding be initiated by the RESTORE Council).
5. Withhold future requests for reimbursement to Subrecipient under any other
Agreement between the Parties providing for the subaward of funds from the Trust Fund for the
implementation of an FSEP project or withhold future FSEP project implementation sub-awards
to the Subrecipient.
6. Demand a refund, either in whole or in part, of the funds provided to the
Subrecipient under this Agreement for non-compliance with the material terms of this Agreement.
The Subrecipient, upon such written notification from the Consortium shall refund, and shall
forthwith pay to the Consortium, the amount of money demanded by the Consortium. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the original payment(s) are received
from the Consortium by the Subrecipient to the date repayment is made by the Subrecipient to the
Consortium.
7. Take other remedies that may be legally available.
8. Costs of the Subrecipient resulting from obligations incurred by the
Subrecipient during a suspension or after termination of the Agreement are not allowable unless
the Consortium expressly authorizes them in the notice of suspension or termination. Other
Subrecipient costs during suspension or after termination which are necessary and not reasonably
avoidable are allowable if the following apply:
a. The costs result from obligations which were properly incurred by
the Subrecipient before the effective date of suspension or termination, are not in anticipation of
it, and in the case of termination, are non-cancellable; and
b. The cost would be allowable if the Agreement were not suspended
or expired normally at the end of the funding period in which the termination takes place.
C. RESTORE Act-Specific Remedy for Noncompliance. In addition to the remedies
available in the paragraphs above, the Subrecipient is subject to the RESTORE Act-specific
remedies for noncompliance outlined in the RESTORE Council Financial Assistance Standard
Terms and Conditions, incorporated into the Financial Assistance Award and made a part hereof.
D. Federal Clawbacks. In the event RESTORE Council, Department of the Treasury,
or such other Federal entity having jurisdiction demands the return of funds paid to Subrecipient
pursuant to this Agreement following a Federal audit or otherwise for any reason, including but
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not limited to situations where costs paid with such funds were determined to be ineligible or
unallowable under the Award, Subrecipient shall be solely liable for any such amounts and shall
return the full amount of the funds in question to the Consortium promptly upon demand. If
Subrecipient fails to comply with its obligation to return funds pursuant to this paragraph, the
Consortium may pursue any or all of the following remedies: (1) withhold future requests for
reimbursement to Subrecipient under this Agreement or any other Agreement between the Parties
providing for the subaward of funds from the Trust Fund; (2) deduct funds allocated to the
Subrecipient for use on future FSEP implementation projects; (3) pursue any other remedy
described in paragraph(B) above or available at law or in equity.
E. The Parties acknowledge and agree that the remedies provided in this Section 10
are separate and apart from the indemnification provisions set forth in Section 8 hereof and that
sovereign immunity shall not be a defense to any of the contractual obligations imposed on the
Parties in this Section.
SECTION 11. AUDITS.
A. In the event that the Subrecipient expends Seven Hundred Fifty Thousand Dollars
($750,000.00) or more in Federal awards in its fiscal year, the Subrecipient must have a single or
program-specific audit conducted within nine (9) months of the end of the Subrecipient's audit
period, in accordance with the provisions of 2 C.F.R. Part 200. In determining the Federal awards
expended in its fiscal year,the Subrecipient shall consider all sources of Federal awards, including
Federal resources received from the Consortium. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by 2 C.F.R. Part 200. An audit
of the Subrecipient conducted by the Auditor General in accordance with the provision of 2 C.F.R.
Part 200 will meet the requirements of this part.
B. If the Subrecipient expends less than Seven Hundred Fifty Thousand Dollars
($750,000.00) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of 2 C.F.R.Part 200, as revised, is not required for that year, except as noted in 2 C.F.R.
§ 200.503. In the event that the Subrecipient expends less than Seven Hundred Fifty Thousand
Dollars ($750,000.00) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 C.F.R. Part 200, as revised, the cost of the audit must be paid
from non-Federal resources. In accordance with 2 C.F.R. § 200.501(d), records must be available
for review or audit by appropriate officials of the RESTORE Council, Consortium, and
Government Accountability Office (GAO).
C. The Consortium may issue a decision on any audit findings contained within the
Subrecipient's audit report including direction to Subrecipient on any corrective action that must
be taken in response to same. Subrecipient's failure to have an audit conducted in accordance with
this Section or failure to implement corrective action in response to any audit findings may result
in the Consortium's imposition of remedies as provided in Section 10 hereof.
D. In addition to reviews of audits conducted in accordance with 2 C.F.R. Part 200,
monitoring procedures under this Agreement may include, but not be limited to, on-site visits by
the Consortium; limited-scope audits as defined by 2 C.F.R. Part 200; submittal and review of
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financial management statements; and/or other procedures. By entering into this Agreement, the
Subrecipient agrees to comply and cooperate with any reasonable monitoring
procedures/processes deemed appropriate by the Consortium. In the event the Consortium
determines that a limited-scope audit of the Subrecipient is appropriate,the Subrecipient agrees to
comply with any additional instructions provided by the Consortium to the Subrecipient regarding
such audit. The Subrecipient further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Consortium.
SECTION 12. SUBCONTRACTS; PROCUREMENT; SUBAWARDS.
A. All procurements of property (as defined in 2 C.F.R. § 200.81) and services,
including the procurement of subcontractors, by Subrecipient under this Agreement shall comply
with 2 C.F.R. §§ 200.318-326, Appendix 11 to 2 C.F.R. Part 200 pertaining to contract provisions
for non-federal entity contracts under federal awards, the Florida Competitive Consultant
Negotiation Act, Section 287.055, Florida Statutes (as applicable), the Gulf Consortium
Subrecipient Policy (available at https://www.gulfconsortium.org/), and all other applicable
provisions of state and federal law.
B. In procuring goods and services under this Agreement, the Subrecipient shall use
its own documented procurement procedures, provided that such procurements conform to
applicable state and federal law. Subrecipient shall provide the Consortium with drafts of all
procurement documents (i.e. legal advertisement, solicitation package, specifications/scope of
services, etc.) for review prior to release of the procurement.
C. Consistent with 2 C.F.R. §200.308(c)(6), unless described in the Award, the
subcontracting of any work to be performed in connection with the Project requires prior written
approval by the Consortium. All proposed procurement and solicitation documents for the
subcontracting of any work to be performed in connection with the Project shall be submitted to
the Consortium for review. The Subrecipient shall submit a copy of the executed subcontract and
documentation of the competitive procurement process pursuant to which the subcontractor was
selected(e.g. invitation to bid,request for proposal, etc.)to the Consortium prior to submitting any
invoices for subcontracted work. Regardless of any subcontract, the Subrecipient is ultimately
responsible for all work performed under this Agreement. The Subrecipient agrees to be
responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Subrecipient that the Consortium shall not be liable to any subcontractor for any expenses
or liabilities incurred under the subcontract and that the Subrecipient shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
D. Required Notice in Procurements. The Subrecipient shall include the following
notice in each request for applications,proposals, or bids for a subaward, contract, or subcontract,
as applicable, under this Agreement:
Applicants or bidders for a lower tier covered transaction (except
procurement contracts for goods and services under $25,000 not
requiring the consent of a Council official) are subject to 2 C.F.R.
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Part 180, "OMB Guidelines to Agencies on Government-wide
Debarment and Suspension (Nonprocurement)." In addition,
applicants or bidders for a lower tier covered transaction for a
subaward, contract, or subcontract greater than $100,000 of Federal
funds at any tier are subject to relevant statutes, including among
others, the provisions of 31 U.S.C. 1352, as well as the common
rule, "New Restrictions on Lobbying," published at 55 FR 6736
(February 26, 1990), including definitions, and the Office of
Management and Budget "Governmentwide Guidance for New
Restrictions on Lobbying," and notices published at 54 FR 52306
(December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772
(January 15, 1992), and 61 FR 1412 (January 19, 1996)
E. Subcontract Monitoring. The Subrecipient shall monitor all subcontracted services
on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized
in written reports maintained by the Subrecipient and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance,where applicable. Such summaries and
documents shall be submitted to the Consortium upon request.
F. Recused Entities. Subrecipient acknowledges and represents that it is aware that
certain persons and/or entities (the "Recused Entities") are expressly prohibited by contract and
under the express terms of Section III. C., of the FSEP from participating in the implementation
of any FSEP project, program, or activity, including the Project that is the subject of this
Agreement. Subrecipient acknowledges and agrees that to the extent it contracts,whether directly
or indirectly, with any such Recused Entity for the performance of work under this Agreement,
the Subrecipient does so solely at its own risk and any costs incurred by the Subrecipient related
to work performed by a Recused Entity shall be ineligible for cost reimbursement.
G. The Subrecipient and/or the subcontractor shall not sub-grant or sub-contract any
part of the approved Project to any agency or employee of the RESTORE Council and/or any other
Federal department, agency, or instrumentality without the Consortium's prior written approval.
H. Affirmative Action. The Consortium supports diversity in its procurement program
and requires that all subcontracting opportunities afforded by this Agreement embrace and
encourage diversity. The Subrecipient's award of subcontracts should reflect the diversity of the
citizens of the State of Florida. In accordance with 2 C.F.R. § 200.321, the Subrecipient and its
subcontractors must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible. The
Subrecipient agrees to use affirmative steps, and to require its subcontractors and sub-subrecipients
to utilize affirmative steps, to ensure that minority businesses and women's business enterprises
are used when possible. Such affirmative steps shall at a minimum include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
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2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements,when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority businesses and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, or women's business enterprises;
5. Utilizing services and assistance, as appropriate, of such organizations as
the Small Business Administration, the Minority Business Development Agency of the
Department of the Commerce, the Florida Department of Management Services (Office of
Supplier Diversity), the Florida Department of Transportation, Minority Business Development
Center, and Local Government M/DBE programs; and
6. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed above in (1)through(5).
7. As used herein, the term "minority and women business enterprise" means
a business at least fifty-one (51) percent owned and controlled by minority group members or
women. Prior to award of any subcontract under this Agreement, Subrecipient shall document its
efforts made to comply with the requirements of this paragraph. The Subrecipient shall state that
it is an Equal Opportunity or Affirmative-Action employer in all solicitations or advertisements
for subcontractors or employees who shall perform work under this Agreement.
L Equal Opportunity. During the performance of this Agreement, the Subrecipient
agrees as follows:
1. The Subrecipient will not discriminate against any employee or applicant
for employment because of race,color,religion,sex,sexual orientation,gender identity,or national
origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include,but not be limited
to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training,including apprenticeship. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
2. The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
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3. The Subrecipient will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other employees
or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Subrecipient's legal duty to furnish information.
4. The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the agency contracting officer, advising the labor union or workers' representative
of the Subrecipient's commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. The Subrecipient will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor.
6. The Subrecipient will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and
accounts by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
7. In the event of the Subrecipient's non-compliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part and
the Subrecipient may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The Subrecipient shall include the provisions of paragraphs (1)through(8)
in every subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each sub-subrecipient or vendor. The
Subrecipient will take such action with respect to any subcontract or purchase order as may be
directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event the Subrecipient becomes involved in, or is
threatened with, litigation with a sub-subrecipient or vendor as a result of such direction,
the Subrecipient may request the United States to enter into such litigation to protect the interests
of the United States.
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J. Sub-Awards. The Subrecipient shall not make sub-awards under this Agreement
unless expressly contemplated and approved in the Award (including identification of the
sub-awardee) or without the prior express written approval of the Consortium. In making
sub-awards under this Agreement, Subrecipients shall comply with all applicable rules,
regulations,policies, and requirements applicable to sub-awards made by subrecipients, including
but not limited to those contained in 31 C.F.R.Part 34,2 C.F.R.Part 200,the RESTORE Council's
Financial Assistance Standard Terms and Conditions, and the Consortium's Subrecipient Policy.
All sub-awardees under this Agreement shall be subject to the same performance, financial, and
reporting requirements as the Subrecipient.
K. Prompt Payment Act. As described in Sections 4 and 5 hereof, Subrecipient agrees
and acknowledges that payments made under this Agreement are from federal funds and
contingent upon prior approval as to the allowability and eligibility of the costs for which payment
is requested by both the Consortium and the RESTORE Council. Where applicable, Subrecipient
is encouraged to include appropriate provisions regarding its obligations under chapter 218, Part
VII, Florida Statutes, the Local Government Prompt Payment Act, stating that payment to
subcontractors is contingent on receipt of federal funds or federal approval.
L. Scrutinized Companies. Subrecipient agrees to observe the requirements of Section
287.135, F.S., for applicable subcontracts and subgrants entered into for the performance of work
under this Agreement.
SECTION 13. CLOSEOUT.
A. The Consortium will close out the Award when it determines that all applicable
administrative actions and all required work for this Award have been completed. Unless an
extension is approved by the Consortium, within 45 days after the end of the Project Completion
Date, the Subrecipient must submit any outstanding reports, including the Final Project Report, as
well as any required reporting on sub-awards, and must refund to the Consortium any balances of
unobligated cash that the Consortium paid in advance or paid and that is not authorized to be
retained by the Subrecipient entity for use in other projects. Within 30 days after receipt of all
outstanding reports,the Consortium will make upward or downward adjustments to the allowable
costs,and then make prompt payments to Subrecipient for remaining allowable reimbursable costs.
The closeout of this award does not affect any of the following:
1. The right of the Consortium or RESTORE Council to disallow costs and
recover funds on the basis of a later audit or other review;
2. The obligation of the Subrecipient to return any funds due as a result of later
refunds, corrections, or other transactions including final indirect cost rate adjustments; or
3. The Subrecipient's obligations regarding audits,property management and
disposition (if applicable), and records retention.
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B. Unless an extension is approved by the Consortium,within 90 days after the end of
the Project Completion Date, the Subrecipient must liquidate all obligations incurred under this
Award.
SECTION 14. LOBBYING PROHIBITION; CONFLICTS OF INTEREST.
The Subrecipient agrees to comply with, and include in subcontracts and subawards, the
following provisions:
A. The Subrecipient certifies that no Federal appropriated funds have been paid or will
be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
B. The Subrecipient certifies that no funds provided under this Agreement have been
used or will be used to engage in the lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law.
C. Pursuant to 2 C.F.R. §200.450 and 2 C.F.R. §200.454(e),the Subrecipient is hereby
prohibited from using funds provided by this Agreement for membership dues to any entity or
organization engaged in lobbying activities.
D. If this Agreement is for more than $100,000, and if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities."
E. Hatch Act. In accordance with the provisions of the Hatch Act (5 U.S.C. 1501-
1508 and 7324-7328), no funds provided, nor personnel employed under this Agreement, shall be
in any way or any extent engaged in the conduct of political activities.
F. Conflict of Interest.
1. The Subrecipient shall comply with Section I11. C., of the FSEP entitled
"Conflict of Interest" in its performance of this Agreement.
2. The Subrecipient shall not employ or retain any person or entity with a
financial interest in the Project. The Subrecipient shall not employ, retain, or otherwise grant any
financial interest in the Project to any person employee, agent, consultant, officer, or elected or
appointed official of the Subrecipient who may exercise or have exercised any functions or
responsibilities with respect to the Project, or who are in a position to participate in a
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decision-making process or gain inside knowledge to the Project, either for themselves or anyone
with whom they have business or immediate family ties. The Subrecipient must disclose in writing
any potential conflict of interest to the Consortium immediately upon becoming aware of same.
SECTION 15. COMPLIANCE WITH LAWS.
The Subrecipient shall comply with all applicable federal, state and local laws, rules, and
regulations, and Consortium policies and regulations in performing under this Agreement,
including but not limited to the federal laws, regulations rules, policies, and executive orders
described in Attachments D-1,D-2,and D-3 hereto. The failure of this Agreement to specifically
reference a particular federal or state law or regulation, or policy or regulation of the Gulf
Consortium, shall not excuse Subrecipient from compliance with same to the extent such law,
regulation, or policy is applicable to Subrecipient's performance of the Project. The Subrecipient
further agrees to include this provision in all subcontracts entered into under this Agreement.
SECTION 16. NOTICE.
All notices and written communication between the Parties shall be sent by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered
two (2) days after transmission by electronic mail (or when receipt is otherwise acknowledged),
on the date specified in a courier service delivery receipt or other mail service delivery receipt, or
when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall
be delivered to the Parties at the addresses identified under paragraph 17. This Section shall not
preclude routine communication by the Parties by other means.
SECTION 17. CONTACTS.
All notices required or permitted under this Agreement shall be directed to the following
contact persons:
Gulf Consortium
Grant Administrator
Gulf Consortium General Manager
The Balmoral Group
165 Lincoln Avenue
Winter Park, FL 32789
(407) 629-2185
Gulf.Consortium@balmoralgroup.us
Subrecipient
Project Manager
[TO COME]
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In the event the Consortium's Grant Administrator or the Subrecipient's Project Manager changes,
written notice by electronic mail with acknowledgement by the other Party will be acceptable.
SECTION 18. INSURANCE.
A. Providing and maintaining adequate insurance coverage is a material obligation of
the Subrecipient. This insurance must provide coverage for all reasonably foreseeable claims that
may arise from the performance of the work specified under this Agreement, whether such work
is performed by the Subrecipient, any sub-subrecipient, or Subrecipient's contractors. The
Subrecipient shall be responsible for determining the specific kinds and limits of coverage to be
carried by the Subrecipient, subject to the provisions of this Agreement including any special
conditions attached hereto, and all applicable state and Federal laws and regulations.
B. Subrecipient shall, at a minimum, provide the equivalent insurance coverage for
real property and equipment acquired or improved with Federal funds pursuant to this Agreement
as provided to property owned by the non-Federal entity. Federally-owned property need not be
insured unless expressly required by the terms and conditions of the Financial Assistance Award.
SECTION 19. REAL PROPERTY; EQUIPMENT.
A. Real property or an interest in real property may not be acquired under this
Agreement unless expressly authorized in the Award or otherwise approved in writing by the
Consortium and the RESTORE Council.
B. The Subrecipient shall not mortgage or otherwise encumber title to the property of
the Project by utilizing it as collateral for any type of lien, note, mortgage, debt obligation, or
security agreement without prior written approval by the Consortium. The Subrecipient shall not
subject the title to such property to any liens or grants;the making of any federal loan;the entering
into of any cooperative agreement; or to the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement without prior written
approval from the Consortium.
C. For projects involving acquisition of an interest in real property, Subrecipient
acknowledges and shall comply with 2 C.F.R. § 200.311 and the RESTORE Council Financial
Assistance Standard Terms and Conditions related to Real Property, including, but not limited to
the section entitled "Property Standards." Pursuant to same, except as otherwise expressly
authorized by the Consortium, real property acquired under this Agreement must be used for the
originally authorized purpose as long as needed for that purpose, during which time the
Subrecipient entity must not dispose of or encumber its title or any other interest therein.
D. Subrecipient's acquisition, use, management, and disposition of equipment under
this Agreement shall be in compliance with 2 C.F.R. §§ 200.313 and 200.439 and RESTORE
Council Financial Assistance Standard Terms and Conditions related to Real Property, including,
but not limited to the section entitled "Property Standards."
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3231
SECTION 20. UNAUTHORIZED EMPLOYMENT.
The employment of unauthorized aliens by any Subrecipient/subcontractor is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
Subrecipient/subcontractor knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The Subrecipient shall be responsible for including
this provision in all subcontracts with private organizations issued as a result of this Agreement.
SECTION 21. NON-DISCRIMINATION.
A. No person, on the grounds of race, creed, color, religion, national origin, age,
gender, or disability, shall be excluded from participation in,be denied the proceeds or benefits of,
or be otherwise subjected to discrimination in performance of this Agreement. Subrecipient and
its subcontractors shall comply with the all federal and state laws, rules, regulations, policies and
executive orders relating to non-discrimination, including but not limited to those contained in
Attachment D-2, Federal Non-Discrimination Provisions.
B. An entity or affiliate who has been placed on the State of Florida's discriminatory
vendor list may not submit a bid on a contract to provide goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not award
or perform work as a contractor, supplier, subcontractor, or consultant under contract with any
public entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and posts the
list on its website,
https://www.dms.myflorida.com/business_operati ons/state_purchasing/vendor_information/conv
icted_suspended_discriminatory_complaints vendor—lists.
SECTION 22. DEBARMENT/SUSPENSION.
In accordance with Presidential Executive Order 12549, Debarment and Suspension
(2 C.F.R. Part 180), the Subrecipient agrees and certifies that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency; and, that the
Subrecipient shall not enter into any lower tier contract, or other covered transaction,with a person
who is similarly debarred or suspended from participating in this covered transaction, unless
authorized in writing by the RESTORE Council to the Consortium. The Subrecipient is responsible
for reviewing the status of all proposed subcontractors and sub-awardees in the System for Award
Management (SAM) at https:Hsam.gov/SAM/ before entering into any subcontract or sub-award
under this Agreement. The Subrecipient shall include language incorporating the requirements of
this section in all subcontracts or lower tier agreements executed to support the Subrecipient's work
under this Agreement.
SECTION 23. COPYRIGHT, PATENT,AND TRADEMARK
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The RESTORE Council and the Consortium reserve a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal and Consortium purposes:
A. The copyright in any work developed under this Award, including pursuant to any
sub-award or subcontract.
B. Any right or copyright to which a Subrecipient, sub-subrecipient, or a contractor
purchases ownership with funds pursuant to this Award.
C. All patent rights, copyrights and data rights must be in accordance with 2 C.F.R.
§200.315 and 37 C.F.R. Part 401, as applicable.
SECTION 24. SPECIAL CONDITIONS.
In accordance with 2 C.F.R. §§ 200.205 and 200.207, the Consortium may impose certain
special award conditions on Subrecipient where warranted. Subrecipient shall comply with all
special conditions applicable to this Agreement as set forth in Attachment B, Special Award
Conditions.
SECTION 25. ENVIRONMENTAL COMPLIANCE.
Subrecipient shall comply with the Federal environmental statutes, regulations, and
executive orders described in Attachment D-3, Environmental Compliance, as applicable, in its
performance of this Agreement. Additionally, if the Subrecipient becomes aware of any impact on
the environment that was not noted in the Subrecipient's approved application package,
Subrecipient must promptly notify the Consortium.
SECTION 26. PHYSICAL ACCESS AND INSPECTION.
As applicable, Consortium agents and personnel shall be given access to and may observe
and inspect work being performed under this Agreement, including by any of the following
methods:
A. Subrecipient shall provide access to any location or facility on which Subrecipient
or any of its subcontractors are performing work, or storing or staging equipment, materials or
documents;
B. Subrecipient shall permit inspection of any facility, equipment, practices, or
operations required in performance of any work pursuant to this Agreement; and
C. Subrecipient shall allow and facilitate sampling and monitoring of any substances,
soils, materials or parameters at any location reasonable or necessary to assure compliance with
any work or legal requirements pursuant to this Agreement.
SECTION 27. AMENDMENTS/MODIFICATIONS.
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A. Change Orders.A Change Order to this Agreement is required when the cumulative
transfer of funds between approved budget categories, as described in the approved Project budget
contained within the Financial Assistance Award,is less than ten percent(10%)of the total budget.
All Change Orders are subject to the mutual agreement of both Parties as evidenced in writing.
The Grant Administrator shall be authorized to approve Change Orders on behalf of the
Consortium.
B. Amendment. Amendment of this Agreement is required for changes which cause
any of the following: an increase or decrease in the Agreement funding amount; a change in the
Project Completion Date; changes to the cumulative amount of funding transfers between
approved budget categories contained within the Financial Assistance Award exceeds or is
expected to exceed ten percent (10%) of the total budget; or any other modification to this
Agreement not otherwise described in paragraph A. above for which a Change Order would be
appropriate. All Amendments are subject to the mutual agreement of both Parties as evidenced in
writing. The Parties further acknowledge and agree that Amendments to this Agreement impacting
the Award may also require prior written approval of the RESTORE Council.
SECTION 28. PERMITS.
The Subrecipient expressly acknowledges that receipt of this grant does not imply or
guarantee that a federal, state or local permit will be issued for a particular activity. Further, the
Subrecipient agrees to ensure that all necessary permits are obtained prior to implementation of
any grant funded activity that may fall under applicable federal, state or local laws.
SECTION 29. RECORDS; ACCESS TO RECORDS AND PERSONNEL.
A. Subrecipient shall retain all records generated under this Agreement in accordance
with 2 C.F.R. § 200.333.
B. Subrecipient shall comply with the Florida Public Records Law,codified at Chapter
119, F.S. Records made or received in conjunction with this Agreement are public records under
Florida law. Subrecipient shall keep and maintain public records generated by the Subrecipient in
association with its performance of this Agreement.
C. This Agreement may be unilaterally canceled by the Consortium for refusal by the
Subrecipient to either provide to the Consortium upon request, or to allow inspection and copying
of, all public records made or received by the Subrecipient in conjunction with this Agreement and
subject to disclosure under Chapter 119, F.S.
D. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CONSORTIUM'S CUSTODIAN
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OF PUBLIC RECORDS by telephone at (407) 629-2185, by email at
Gulf.Consortium@balmoralgroup.us, or at the mailing address below.
Gulf Consortium Records Custodian
The Balmoral Group
165 Lincoln Avenue
Winter Park, FL 32789
E. The Subrecipient acknowledges and agrees that the Consortium, the RESTORE
Council, the U.S. Department of Treasury, the Treasury Office of Inspector General, the
Comptroller General of the United States (Government Accountability Office (GAO)), or their
authorized representatives, shall have timely and unrestricted access to any pertinent books,
documents, papers, and records, whether written, printed, recorded, produced, or reproduced by
any electronic, mechanical, magnetic, or other process or medium, in order to make audits,
inspections, investigations, excerpts, transcripts, or other examinations as authorized by law. This
also includes timely and reasonable access to the Subrecipient's personnel for the purpose of
interview and discussion related to such documents. In the event any work is subgranted or
subcontracted, the Subrecipient shall similarly require each sub-subrecipient and subcontractor to
maintain and allow access to such records for audit purposes.
F. The Consortium, RESTORE Council, the U.S. Department of Treasury, the
Treasury Office of Inspector General, the Comptroller General of the United States (GAO), or
their authorized representatives shall have the right during normal business hours to conduct
announced and unannounced onsite and offsite physical visits of the Subrecipient and their
subcontractors corresponding to the duration of their records retention obligation for this award.
G. The rights of access in this Section are not limited to the required retention period
for the applicable records but last as long as the records are retained.
s
H. The Subrecipient agrees that if any litigation, claim, or audit is started before the
expiration of the record retention period established above, the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved and final action taken.
SECTION 30. MISCELLANEOUS.
A. Assignment. No assignment, delegation,transfer, or novation of this Agreement, or
any part hereof, may be made unless in writing and signed by both Parties.
B. Execution in Counterparts. This Agreement, and any Amendments or Change
Orders thereto, may be executed in multiple counterparts, each of which together shall be deemed
an original,but all of which together shall constitute one and the same instrument. In the event that
any signature is delivered by facsimile transmission or by email delivery of a ".pdf' format data
file, such signature shall create a valid and binding obligation of the Party executing (or on whose
behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf'
signature page were an original thereof.
22
3235
C. Interpretation; Severability. This Agreement shall be construed in accordance with
the laws of the State of Florida. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement.
D. Entire Agreement; Joint Preparation. This Agreement represents the entire
agreement of the Parties. Any alterations, variations, changes, modifications or waivers of
provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the Parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein. The Parties represent and agree that they have jointly negotiated this
Agreement and have had the opportunity to consult with and be represented by their own
competent counsel. This Agreement is therefore deemed to have been jointly prepared by the
Parties and no part hereof shall be construed more severely against one of the Parties than the
other.
E. Venue. Venue for any litigation arising from this Agreement shall be in Leon
County, Florida or if an action is brought in Federal Court,the United States District Court for the
Northern District of Florida, Tallahassee Division.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed,
the day and year last written below.
GULF CONSORTIUM MONROE COUNTY
By: By:
Print Name and Title Print Name and Title
Date: Date:
Attest: Attest:
By: By:
Print Name and Title Print Name and Title
MONROE COUNTY ATTP, RNEY'S C"WF CE
APPROVED AS TO FORM
'�STANT COUNTY ATTORNEY
DATE: 3-18-2025
23
3236
ATTACHMENT A
FINANCIAL ASSISTANCE AWARD
A-1
3237
1.DATE ISSUED MM/DD/YYYY 1a.SUPERSEDESAWARD NOTICE dated
except that any additions or restrictions previously imposed The Gulf Coast Ecosystem Restoration Council
03/03/2025 remain in effect unless specifically rescinded y
2.ASSISTANCE LISTING NUMBER RESTORE Council
87.052-Spill Impact Component Project Grants Gulf Coast Ecosystem Restoration Council
3.ASSISTANCE TYPE Project Grant 500 Poydras Street
4.GRANT NO.GNSSP25FL0064-01-00 5.TYPE OF AWARD Suite 1117
Formerly Other New Orleans, LA 70130
4a.FAIN GNSSP25FL0064 5a.ACTION TYPE New
6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY NOTICE OF AWARD
From 03/03/2025 Through 12/01/2029 AUTHORIZATION(Legislation/Regulations)
7.BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY RESTORE Act,33 U.S.C. 1321(t)(3)and 40 CFR Part 1800-Spill
From 03/03/2025 Through 12/01/2029 Impact Component
8.TITLE OF PROJECT(OR PROGRAM)
23-1:Canal Management Master Plan Implementation
9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR
GULF CONSORTIUM Ms.Valerie Seidel
165 Lincoln Ave 165 Lincoln Ave
winter Park,FL 32789-3877 winter Park,FL 32789-3877
Phone:[NO PHONE RECORD]
10a.GRANTEE AUTHORIZING OFFICIAL 10b.FEDERAL PROJECT OFFICER
Mr.Christopher Constance Sheri Land
165 Lincoln Avenue 500 Poydras St STE 1117
winter Park,FL 32789-3877 New Orleans,LA 70130-7305
Phone:unknown Phone:504-235-4985
ALL AMOUNTS ARE SHOWN IN USD
11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a.Amount of Federal Financial Assistance(from item 11 m) 12,516,999.00
11 Total project costs including grant funds and all other financial participation ll b.Less Unobligated Balance From Prior Budget Periods 0.00
a, Salaries and Wages c.Less Cumulative Prior Award(s)This Budget Period 0.00
d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 12,516,999.00
b. Fringe Benefits .................................... 0.00
13.Total Federal Funds Awarded to Date for Project Period 12,516,999.00
C. Total Personnel Costs ................. 0.00 14.RECOMMENDED FUTURE SUPPORT
d. Equipment ..................................
0.00 (Subjectto the availability of funds and satisfactory progress ofthe project):
e. Supplies .................................. 0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
a d.5
f. Travel .................................. 0.00
b.3 e.6
9 Construction .................................. 0.00 c.4 f.7
h. Other .................................. 0.00 15.PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
i. Contractual .................................. 12,722,469.00 a. DEDUCTION
b. ADDITIONAL COSTS [a]
MATCHING
j. TOTAL DIRECT COSTS 10 12,722,469.00 d. OTHER RESEARCH(Add/Deduct Option)
e. OTHER(See REMARKS)
k. INDIRECT COSTS 0.00
16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGENCY
ON THE ABOVE nTLEO PROJECTAND IS SUBJECT TO THE TERMS AND CON DIMONS INCORPORATED EITHER DIRECTLY
I. TOTAL APPROVED BUDGET 12,722,469.00 OR BY REFERENCE INTHE FOLLOWING:
The gram program legislation
b. The grant program regulations.
This award notice including terms and conditions,if any,noted below under REMARKS.
m. Federal Share 12,516,999.00 d. Federal administrative requirements,cost principlesand audit requirements applicable tothis grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall
n. Non-Federal Share 205,470.00 prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached- Yes ®No)
This project involves six canal restoration projects(Canals 293,295,297,299,300,and 315)located within the Big Pine Key area of the Avenues which represents some of the worst water quality
throughout the Florida Keys.Big Pine Key is in Monroe County and is about 100 miles south of Miami and 30 miles north of Key West.This project will use$12,516,999 in RESTORE funds and$205,470
in Monroe County HESI funds.
AUTHORIZING OFFICIAL:
17.013J CLASS 41.0006 18a.VENDOR CODE 461662290 18b.EIN 461662290 19a.UEI LJCAH459JQ13 19b.DUNS 079937065 20.CONG.DIST.10
FY-ACCOUNTNO. DOCUMENTNO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION
21.a.SEP b.GNSSP25FL0064 C. 6013 NONIN d. $12,516,999.00 e.
22.a. b. C. d. e.
23.a. b. C. d. e.
3238
PAGE 2 of 7 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 03/03/2025
GRANT NO. GNSSP25FL0064-01-00
Special Award Conditions
1.Non-Duplicative Use of RESTORE Act Funds
The Recipient will not seek any compensation for the approved project from any other funding source,including without
limitation the Oil Spill Liability Trust Fund.Should such funding be received,the recipient will immediately notify the Grants
Officer in writing.If the Recipient is authorized to make subawards,the Recipient will not use RESTORE Act funds to make
subawards to fund any activities for which claims were filed with the Oil Spill Liability Trust Fund after July 6,2012.
2. Grant Project Performance and Financial Reporting
The Recipient must submit project performance reports through the Council's Program Information Platform for Ecological
Restoration(PIPER)or any successor system on an annual basis during the period of performance.Financial reports must be
submitted through GrantSolutions or any successor system also on an annual basis.Performance and financial reports covering the
annual reporting period will be due 60 calendar days after the end of the annual reporting period specified in the Award.Final
performance and financial reports that summarize the activities and findings of the Award are due 120 calendar days after the end
of the period of performance.This special award condition(SAC)supersedes section C.01.a of the RESTORE Council Financial
Assistance Standard Terms and Conditions dated August 2015,which states that financial reports are due on a semi-annual basis.
Please see the Reporting Schedule located on a following page for the reporting period and due dates of performance and financial
reports to be submitted as part of this Award.
3. Observational Data Management and Delivery
A.Data Sharing:
All data compiled,collected,or created under this Award must be reported to the Council on a yearly basis and be publicly
visible and accessible in a timely manner,free of charge or at minimal cost to the user that is no more than the actual cost of
distribution to the user,except where limited by law,regulation,policy,or national security requirements.Data are to be made
available in a form that would permit further analysis or reuse,i.e.,data must be encoded in amachine-readable format,using
existing open format standards;and data must be sufficiently documented,using open metadata standards,to enable users to
independently read and understand the data(for example,a PDT version of observational data is not avalid data delivery format).
The public-facing,anonymously accessible data location(internet URL address)of the data should support a service-oriented
architecture to maximize sharing and reuse of structured data and be included in the Performance Report.Data should undergo
quality control(QC)and a description of the QC process and results should be referenced in the metadata.Publicly available ISO-
compliant metadata record(s)of the project data must be provided and approved prior to closeout of the Award.
B.Timeliness:
2 3239
PAGE 3 of 7 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 03/03/2025
GRANT NO. GNSSP25FL0064-01-00
Data must be provided to the Council on a yearly basis,and the public must be given access to data no later than two years after
the data are first collected and verified,or no later than six months after the end date of the period of performance set out in the
Award,whichever first occurs.
C.Author statement:
Data produced under this Award and made available to the public must be accompanied by the following statement:"The[report,
presentation,video,etc.]and all associated data and related items of information were prepared by[recipient name]under Award
No.[number]from the Gulf Coast Ecosystem Restoration Council(RESTORE Council).The data,statements,findings,
conclusions,and recommendations are those of the author[s]and do not necessarily reflect any determinations,views,or policies
of the RESTORE Council."
D.Failure to Share Data:
Failing or delaying to make data accessible in accordance with the submitted data management information and the terms hereof
may lead to enforcement actions and be considered by the Council when making future award decisions.Funding recipients are
responsible for ensuring that these conditions are also met by subrecipients and subcontractors.
E.Data Citation:
Publications based on data,and new products derived from source data,must cite the data used according to the conventions of
the Publisher and use Digital Object Identifiers(DOIs),if available.All data and derived products that are used to support the
conclusions of a publication must be made available in a form that permits verification and reproducibility of the results.
F.Final Project Geographic Infbrmation System(GIS)files:
As appropriate to project deliverables,final updated project boundaries,footprints,and features must be provided to the Grants
Office no later than the submission of the final Performance Outcome Report.Where more detailed project features are developed
(for example,during the engineering and design phase if additional features are identified within the project boundary),or project
boundaries change during project planning or implementation,these updated boundaries and the appropriate feature attributes
must be provided.These files must be geospatial in nature(acceptable formats are SHP,GDB,or DGN)and contain projection
information and complete ISO-compliant metadata.
3 3240
PAGE 4 of 7 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 03/03/2025
GRANT NO. GNSSP25FL0064-01-00
4.Updates to the Observational Data Plan
The Recipient will update the Data Management Plan to include any plan details listed as"Not available(N/A)"or"To be
detennined(TBD),"or that are in other ways left unspecified in the current version of the Data Management Plan.Updated plan
details will include specific start and end dates that accurately reflect the period of observational data collection.The recipient
must deliver updated plans to the Council at least annually until all"N/A,""TBD"and unspecified items are provided,and must
correct any inaccuracies until all information is final.The first updated plan must include time-franles for providing any missing
infonnation.Updated plans provided to the Council must confornl to the structure of the template provided on the Council
website.If the template instructs the recipient to incorporate data management infonnation into an electronic Observational Data
Plan(eODP),the eODP will act as both the Observational Data Plan and Data Management Plan for award purposes.
5.Pre-Award Costs
This Award contains pre-award costs in accordance with 2 CFR 200.458,in the amount of S 10,250,as described in the Budget
Narrative for expenditures related to the preparation of the grant application during the period 10/5/2023 through the date of
issuance of the Award.
6.Documentation Requirements for Pre-Award Costs
This Award contains pre-award costs in accordance with 2 CFR 200.458,in the amount of S 10,250,as described in the Budget
Narrative beginning on 10/5/2023 through the date of the issuance of this Award.Pre-award costs are to be used for grant
application preparation. The Recipient is not authorized to draw down funds for reimbursement of pre-award costs without
written approval from the Grants Office.To obtain written approval,the recipient must submit documentation which supports the
pre-award costs incurred.At a minimum,the following documentation,as applicable,must be provided:
• Summary of pre-award costs for which approval is requested,including amount in each applicable budget object class;and
• Invoice—for a pre-award cost item procured by the Recipient or billed by a subrecipient or contractor;or
• Other supporting documentation—for a pre-award cost item that the Recipient incurred directly(for example,time sheets
to support personnel costs).
Documentation must clearly designate each item of cost for which approval is requested and show a clear relationship to the
approved scope of work and budget of the Award.
7.
4 3241
PAGE 5 of 7 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 03/03/2025
GRANT NO. GNSSP25FL0064-01-00
Non-Federal Recipient Share Requirement
The budget under this award includes project-related costs committed by the non-federal recipient,referred to as the non-federal
share,that are described in the attached budget narrative.The non-federal share is not a statutory requirement of the RESTORE
Act(33 U.S.C.132I(t)and note),but it is required to complete the project and has been voluntarily committed by the Recipient
under this Award and therefore meets the definition of cost share or matching in 2 CFR§200.1.Under§200.1,non-federal share
funding must meet the criteria of§200.306(b).Non-federal share funding will be used for[insert any relevant details of how the
non-Federal share will be used,e.g.,to pay a portion of land acquisition costs,a contract or portion of a contract,etc.].The non-
federal share must be paid out proportionally under the award using a predetermined percentage.The predetermined percentage is
the contribution of co-funding$205,470.00 divided by the total subrecipient project cost$12,650,00.00,or.02%.In addition,the
Recipient will report on non-federal share expenditures throughout the period of performance.
8. Supplemental Construction And Improvements To Real Property Terms
A.Authorized Award Purpose
Recipient will,or will cause subrecipient to,hold and maintain the property/properties or easement(s)as pursuant to Authorized
Award Purposes for the duration of the federal interest(as defined at 2 CFR§200.1)in the property/properties.The Authorized
Award Purposes are defined in the approved scope of work for the award stored within the electronic Grants Management System.
Before commencing any constructions other improvements not approved in the award,recipient will,or will cause subrecipient to,
ensure that any alterations to or development on the property/properties are consistent with and will advance the Authorized
Award Purposes.Existing structures on any property tract may be removed to achieve the Authorized Award Purposes.In all
cases,any development on the property/properties,including removal of existing structures,must conform to federal,state,and
local ordinances and standards,and shall remain subject to the requirements of any special award conditions.
B.Pre-Construction Requirements
Federal funds for construction costs for any project will not be released by the Council until the following information and
documentation is received from the Recipient and accepted in writing by the Grants Office.If construction is commenced prior to
the Council's acceptance,the Recipient and any Subrecipient proceeds at its own risk.
1)Engineering and design plans.The Recipient must provide to the Council Grants Office the cover sheet and such pages as
necessary to demonstrate that 100%design and engineering plans and specifications for all construcion activities funded under
this award have been stamped/signed by a professional engineer currently licensed in accordance with State requirements.
a.For ecosystem restoration projects,or as otherwise directed by the Council Program Office,the recipient must provide a full
and complete set of plans and specifications.
The Council's review is to ensure compliance with the terms and conditions of the award;the Council will not be responsible for
the accuracy or completeness of design,dimensions,details,proper selection of materials,or compliance with required codes or
ordinances.As between the Council and the recipient,these responsibilities rest solely with the recipient.For clarity,nothing in
the foregoing is intended to limit or otherwise affect any of the recipient's rights or remedies in connection with any third party,
including any of the recipient's subrecipients or contractors.
2)Contingency.If contingency funds are included in the approved award budget in accordance with 2 CFR 200.433,such funds
will be described in the Budget Narrative for expenditures related to construction activities.Contingency funds may not be
utilized for project scope changes,unforeseen risks or extraordinary events.Federal funds equal to the amount of contingency
5 3242
PAGE 6 of 7 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 03/03/2025
GRANT NO. GNSSP25FL0064-01-00
funds approved will not be released until documentation verifying that proposed contingency expenditures comply with 2 CFR
200.300 and 200.403,are necessary and reasonable for accomplishment of the award scope,and will be verifiable from the
recipient's or subrecipient's financial records is submitted by the recipient and accepted in writing by the Grants Office.
3)Updated construction schedules and cost estimates.The Recipient must furnish the most recent construction schedules and cost
estimates based upon the completed engineering and design plans and/or other information that has become available since the
last update.
C.Administration,Operation and Maintenance
The recipient agrees to,or to cause the subrecipient to,administer,operate and maintain any property improved with federal funds
for the project in the same manner in which it operates and maintains similar facilities and equipment owned by it,and in
accordance with state and local standards,laws and regulations.The recipient must not be in breach of its obligations under this
award except to the extent the failure to fulfill any obligation is due to an Uncontrollable Force."Uncontrollable Force"means an
event beyond the reasonable control of,and without the fault or negligence of,the party claiming the Uncontrollable Force that
prevents the recipient from honoring its contractual obligations under this Agreement and which,by exercise of the recipient's
reasonable care,diligence and foresight,such recipient was unable to avoid.Uncontrollable Forces include,but are not limited to:
1)Strikes or work stoppage;
2)Floods,earthquakes,or other natural disasters;
3)Terrorist acts;and
4)Final orders or injunctions issued by a court or regulatory body having competent subject matter jurisdiction which the
recipient,claiming the Uncontrollable Force,after diligent efforts,was unable to have stayed,suspended,or set aside pending
review by a court of competent subject matter jurisdiction.
Neither the unavailability of funds or financing,nor conditions of national or local economies or markets must be considered an
Uncontrollable Force.
D.Bonding
For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold,the minimum
bonding requirements are as follows:
1)A bid guarantee from each bidder equivalent to five percent(5%)of the bid price.The"bid guarantee"must consist of a firm
commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder
will,upon acceptance of the bid,execute such contractual instruments as may be required within the time specified.
2)A performance bond on the part of the contractor for one hundred percent(100%)of the contract price.A"performance bond"
is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
3)A payment bond on the part of the contractor for one hundred percent(100%)of the contract price.A"payment bond"is one
executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the contract.
E.Inspection and As-Built Drawings
The final five percent(5%)of the contract amount for construction costs will not be drawn down by the recipient or subrecipient
until final approval of construction associated with that contract.The recipient or subrecipient will schedule a final inspection
when all construction has been completed,the architect/engineer has conducted their inspection,and any deficiencies have been
6 3243
PAGE 7 of 7 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 03/03/2025
GRANT NO. GNSSP25FL0064-01-00
corrected.Representatives of the recipient or subrecipient,if applicable,the architect/engineer,the contractor(s),and the Council,
if they so desire,will make the final inspection.The Council Program Officer must be given ten(10)business days advance notice
of the final inspection so that their representative may participate.
The recipient must provide the Notice of Final Acceptance signed by the recipient or subrecipient,as applicable,and
stanlped/signed as-built drawings from the project engineer and Council staff must advise of their acceptance prior to the
drawdown of the final five percent(5%)of construction contract funds. If required in a special award condition,the Electronic
copy of the"Notice of Federal Interest"filed in the relevant real property records must also be provided prior to drawdown of
these funds.
3244
AWARD ATTACHMENTS
GULF CONSORTIUM GNSSP25FL0064-01-00
1. GNSSP25FL0064 Award Notes
3245
AWARD NOTES
The following documents are incorporated in this award by reference:
❑x GULF COAST ECOSYSTEM RESTORATION COUNCIL FINANCIAL ASSISTANCE
STANDARD TERMS AND CONDITIONS (AUGUST 2015), available at
www.resto rethe
..........................................................................................................
❑x 2 CFR PART 200, OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR FEDERAL
FINANCIAL ASSISTANCE AS ADOPTED PURSUANT TO 2 CFR § 5900.101 (2024)
This award incorporates by reference and gives effect to the most recent data available in the
GrantSolutions system for the following item:
❑x BUDGET NARRATIVE
This award incorporates by reference and gives effect to the most recent data available in the PIPER
system for the following items:
❑x PROJECT NARRATIVE
❑x OBSERVATIONAL DATA PLAN
❑x MILESTONES
❑x METRICS
❑ OTHER
GCERC Internal Financial Codes:
FY25 - CatB 6013 - Cost Pool-GCCSTFLOOO
CAM I - GCCGALLGOALS
CAM 2 - GCCOTHERWSXX
CAM 3 - GCCALLOBJECT
FUNDING AUTHORIZATION
---------------------------------------------- ----------------------------------------------- ------------------------------------------- --------------------------------------------- ------------------------------------------------------------------
Amount of Amount of Amount of Amount Notes
Financial Funding Funding Authorized for
Assistance Restriction Added to ASAP Account
Award
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$12,516,999.00 $12,444,530.00 $0.00 $72,469.00 Funds will not be
released until SAC # 7
and 8B conditions have
been met.
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
I I Pilge
3246
COMPLIANCE REQUIREMENTS SUBMISSIONS FOR SPECIAL AWARD CONDITIONS
The following requirements are described in detail in the Special Award Conditions section of the award.
Where indicated,the recipient must submit documentation or evidence to the Council to lift any applicable
restrictions.
SPECIAL AWARD CONDITION REQUIREMENT
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Non-DupHcative I_Tse of IaES I'01� E Act Funds Required if other compensation from another funding
source is received.
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Grant Pro.ec,t Pe fonn'nance and l 'nnal16ai 1�e. ont.iig See Reporting Schedule in Award Notes
........ ........ ........ ........ ......... ........ ......... ......... ......... ......
Observat6ozna.I Data klla na.penneznt and Delivery All data compiled, collected, or created under this
award. Final Project Geographic Information System
(GIS)files
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
(Ja,ndates to the Q�bservafl'oznan Data Nan Updated Observational Data Plan(ODP)
Pre-Award (.osts This Award contains pre-award costs in
accordance with 2 CFR 200.458, in the amount of
$10,250, as described in the Budget Narrative, for
expenditures related to the preparation of the
grant application during the period 10/05/2023
throu.g h the date of issuance of the Award.
.................................................................................................................................................................................................................................................................................................................................................................................................... ..........................................................................................................................................................................................................................................................................................................
Docwnezntatiozn Iaequ6'ren'nen'nts for Pre-Award (.osts This Award contains pre-award costs in
accordance with 2 CFR 200.458, in the amount of
$ 10,250, as described in the Budget Narrative
beginning on 10/05/2023 through the date of the
issuance of this Award. Pre-award costs are to be
used for application preparation. The Recipient
is not authorized to draw down funds for
reimbursement of pre-award costs without written
approval from the Grants Office. To obtain
written approval, the recipient must submit
documentation which supports the pre-award
costs incurred. At a minimum, the following
documentation, as applicable, must be provided:
• Summary of pre-award costs for which
approval is requested, including amount in
each applicable budget object class; and
• Invoice—for a pre-award cost item
procured by the Recipient or billed by a
subrecipient or contractor; or
• Other supporting documentation—for a
pre-award cost item that the Recipient
incurred directly (for example, time sheets
to support personnel costs).
Documentation must clearly designate each item
of cost for which approval is requested and show
a clear relationship to the approved scope of work
and budget of the Award.
..........................................................................................................................................................................................................................................................................................
2 1 Page
3247
..
1�orti-I��`eGge�-a.i laecbpbe�tit g�6ia.re laec.gwu-e�'nent The non-federal share must bepaid out proportionally
under the subrecipient agreement using a
predetermined percentage. The predetermined
percentage is the amount of the non-federal share
provided under the subrecipient agreement($205,470)
divided by the subrecipient's total subrecipient project
cost($12,650,000), or.02%. In addition, the Recipient
will report on non-federal share expenditures
throughout the period of performance
................................................................................................................................................................................................................................................................................................................................................................................................ ..................................................... .................................................... .....................................................................................................................................................................................
Authon'zed Award Purpose Agreement between the parties [landowner(s)] and
subrecipient and/or recipient. See SAC for agreement
lan ua e.
PRE-CONSTRUCTION REQUIREMENTS
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1 &. D p.aaIi fr.�� ecos.S on restoratir..zn p�opccts E&Dplans stamped by aprofessional engineer
1 im'ronunezntal (.mnppb'ance (.oordi' natbo11 Environmental Compliance,permits and
documentation necessary for construction,
completion, and operation of roect.
..........................................................................................................................................................................................................................................................................................................................................................................................1.............................................................................1............................................................. .................................................................................................................................
t°oznt11gency Submission of verifiable financial records
documentingthe proposed contingencyexpenditures
......................................................................................................................................................................................................................................................................................................................................................................................................................................... ..........................p............. ....................................................................... ..................... .................. ............................................................................
(Jpdated constructbon scfieduu es and cost esfik'nates Construction schedule and estimates based on
completed E&D....plans.
......................................................................................................................................................................................................................................................................................................................................................................................... .................................................................. ......................................................................................................................................................................................................................................
AGgonu���tu�t�on apes-atboz�and l�l .iztitc zti� ��ce Agreement such as an MOU or Covenant of Purpose
........ ......... ....... .... ......... ......... .........
➢zn:pect�ozn and H'na.l Acceptance Notice of Final Inspection scheduling, Final
Ace eP tance documents
.................................................................................................................................................................................................................................................................................................................................................................................................. ...............................................................................................................................................................................................................................................................................................................
REPORTING SCHEDULE
____________________________________________________________________________________________________________w______________________________________________________________________________-__________________________________________________________
Re orts Due Re ortin Period Reports Due Date
........................................................................................................................P................................................................................................................................................................................................................................P.......................................................................................................................................................................�.................................................................................................................
Financial and Performance Reports 3/3/2025 — 12/31/2025 3/1/2026
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Financial and Performance Reports I/1/2026 — 12/31/2026 3/1/2027
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Financial and Performance Reports I/1/2027 — 12/31/2027 2/29/2028
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Financial and Performance Reports I/1/2028 — 12/31/2028 3/1/2029
Final Financial and Performance Reports I/1/2029 — 12/01/2029 3/31/2030
3 1 Page
3248
ATTACHMENT B
SPECIAL AWARD CONDITIONS
1. Nature of the additional requirements: See below.
2. Reason why the additional requirements are being imposed: N/A
3. Nature of the action needed to remove the additional requirement (if applicable):
N/A
4. Time allowed for completing the actions (if applicable): N/A
5. The method for requesting reconsideration of the additional requirements imposed:
N/A
The only special award conditions imposed pursuant to this Subrecipient Agreement are those
contained in the Award, FAIN No. GNSSP25FL0064-01-00.
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ATTACHMENT C
SUPPORTING DOCUMENTATION REQUIREMENTS
Supporting documentation must be provided for each amount for which reimbursement is being
claimed. Each piece of documentation should clearly reflect the dates on which the service and/or
goods were provided. Only expenditures for categories in the approved Project budget will be
reimbursed. Invoices for cost reimbursement contracts must be supported by an itemized listing
of expenditures by category (salary, travel, expenses, etc.).
Listed below are examples of the types of documentation representing the minimum requirements
for various categories of costs:
1. Salaries: A payroll register or similar documentation should be submitted. The
payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If
an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting
the hours worked times the rate of pay will be acceptable.
2. Fringe Benefits: Fringe Benefits should be supported by invoices showing the
amount paid on behalf of the employee(e.g., insurance premiums paid). If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks
for fringe benefits.
3. Travel: Reimbursement for travel expenses must be in accordance with Section
112.061, Florida Statutes, and include sufficient documentation as to expenses for which
reimbursement is sought and also the purpose of the travel.
4. Other direct costs: Reimbursement will be made based on paid invoices/receipts.
5. Indirect costs: If the contract specifies that indirect costs will be paid based on a
specified rate, then the calculation should be shown.
6. Contractual Services (Subcontractors): Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup documentation identical
to that required from the Subrecipient. Subcontracts which involve payments for direct salaries
shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
Project. All multipliers used (i.e., fringe benefits, overhead, and/or general and administrative
rates) shall be supported by audit. If the Consortium determines that multipliers charged by any
subcontractor exceeded the rates supported by audit, the Subrecipient shall be required to
reimburse such funds to the Consortium within thirty (30) days of written notification. Interest on
the excessive charges shall be calculated based on the prevailing rate used by the State Board of
Administration.
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ATTACHMENT D-1
FEDERAL PROVISIONS APPLICABLE TO SUBRECIPIENT
The Project subject to this Agreement is fully or partially funded by Federal grants and
therefore, the Subrecipient will be required to comply with the following provisions:
1. Drug Free Workplace Requirements: All Subrecipients and contractors entering
into Federal funded contracts over the simplified acquisition threshold (as defined at
41 U.S.C. § 134)must comply with the Drug Free Workplace Act of 1988 (41 U.S.C. 8102),which
requires the Subrecipient to take certain actions to provide a drug-free workplace.
2. Davis-Bacon Act: If applicable, the Subrecipient agrees to comply with all
provisions of the Davis Bacon Act as amended (40 U.S.C. §§ 3141-3144 and 3136-3148), and to
require all of its contractors performing work under this Agreement to adhere to same. The
Subrecipient and its contractors are required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
In addition, the Subrecipient and its contractors are required to pay wages not less than once a
week. If the grant award contains Davis Bacon provisions, the Subrecipient shall place a copy of
the current prevailing wage determination issued by the Department of Labor in the solicitation
documents. The decision to award a contract shall be conditioned upon the acceptance of the wage
determination. The Subrecipient shall report all suspected or reported violations of the
Davis-Bacon Act to the Consortium.
3. Copeland Anti Kick Back Act: Subrecipient and its contractors shall comply with
all the requirements of the Copeland Anti-Kickback Act(18 U.S.C. § 874 and 40 U.S.C. § 3145,
as supplemented by Department of Labor regulations at 29 CFR Part 3), which are incorporated
by reference to this Agreement. Subrecipient and its contractors are prohibited from inducing by
any means any person employed in the construction, completion or repair of public work to give
up any part of the compensation to which he or she is otherwise entitled.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708):
Where applicable, all contracts awarded in excess of $100,000 that involve the employment of
mechanics or laborers must be in compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each
contractor is required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours.Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704
are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
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5. Debarment and Suspension (Executive Orders 12549 and 12689): A contract
award (see 2 CFR 180.220) must not be made under this Agreement to parties listed on the
government wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR part 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549. The contractor shall certify compliance. The Subrecipient further agrees to include
a provision requiring such compliance in its lower tier covered transactions and subcontracts,
which shall read as follows:
Applicants or bidders for a lower tier covered transaction (except
procurement contracts for goods and services under $25,000 not
requiring the consent of a Council official) are subject to 2 C.F.R.
Part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)." In addition,
applicants or bidders for a lower tier covered transaction for a
subaward, contract, or subcontract greater than $100,000 of Federal
funds at any tier are subject to relevant statutes, including among
others, the provisions of 31 U.S.C. 1352, as well as the common
rule, "New Restrictions on Lobbying," published at 55 FR 6736
(February 26, 1990), including definitions, and the Office of
Management and Budget "Governmentwide Guidance for New
Restrictions on Lobbying," and notices published at 54 FR 52306
(December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772
(January 15, 1992), and 61 FR 1412 (January 19, 1996)
6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): Subrecipients that apply
or bid for an award exceeding $100,000 must file the required certification, attached hereto as
Attachment D-4. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the non-Federal award.
7. 501(c)(4) Entities. The Lobbying Disclosure Act of 1995, as amended
(2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal
Revenue Code that engages in lobbying activities, from receiving federal funds, including through
an award, grant, and/or subgrant. Subrecipient shall ensure that its contractors and sub-awardees
comply with this requirement.
8. Federal Changes: Subrecipient shall comply with all applicable Federal agency
regulations, policies, procedures and directives, including without limitation those listed directly
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or by reference, as they may be amended or promulgated from time to time during the term of the
contract.
9. Safeguarding Personal Identifiable Information: Subrecipient and its
contractors and subawardees will take reasonable measures to safeguard protected personally
identifiable information and other information designated as sensitive by the awarding agency or
is considered sensitive consistent with applicable Federal,state and/or local laws regarding privacy
and obligations of confidentiality.
10. Energy Policy and Conservation Act(43 U.S.C. §6201): Contracts shall comply
with mandatory standards and policies relating to energy efficiency, stating in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation act.
(Pub. L. 94-163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19645, Apr. 19, 1995].
11. Right to Inventions Under Federal Grants. If applicable, Subrecipient shall
comply with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
12. Equal Employment Opportunity(As per 2 CFR Part 200, Appendix II(C); 41
CFR § 61-1.4; 41 CFR § 61-4.3; Executive Order 11246 as amended by Executive Order
11375):
Applicability: except as otherwise provided under 41 CFR Part 60, applies to all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3.
Requirement: During the performance of this Agreement, the Subrecipient agrees as follows, and
shall impose all such requirements on its contractors and subcontracts as applicable. The term
"Subrecipient," as used herein, shall also apply to all of Subrecipient's contractors and
subcontractors performing work on the Project.
(1) The Subrecipient will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Subrecipient will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identify, or national
origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination clause;
(2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on
behalf of the Subrecipient, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin;
(3) The Subrecipient will not discharge or in any other manner discriminate against any employee
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3253
or applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint orcharge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the Subrecipient's legal duty to
furnish information.
(4) The Subrecipient will send to each labor union or representative of workers with which it has
a collective bargaining Contract or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Subrecipient's commitments under
this section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment;
(5) The Subrecipient will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor;
(6) The Subrecipient will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.;
(7) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.;
(8) Subrecipient will include the portion of the sentence immediately preceding paragraph(1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each sub-contractor or vendor. The Subrecipient will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the event a Subrecipient becomes involved in, or is threatened with,
litigation with a contractor or sub-contractor or vendor as a result of such direction by the
administering agency, the Subrecipient may request the United States to enter into such litigation
to protect the interests of the United States.
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3254
The Subrecipient shall include the following lan2une in all solicitations for construction
services in excess of$10,000 under this Agreement:
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246).
THE OFFEROR'S OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL
OPPORTUNITY CLAUSE" AND THE "STANDARD FEDERAL EQUAL EMPLOYMENT
SPECIFICATIONS" SET FORTH HEREIN. THE GOALS AND TIMETABLES FOR
MINORITY AND FEMALE PARTICIPATION,EXPRESSED IN PERCENTAGE TERMS FOR
THE CONTRACTOR'S AGGREGATE WORKFORCE IN EACH TRADE ON ALL
CONSTRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS:
TIME- GOALS FOR MINORITY GOALS FOR FEMALE
TABLES PARTICIPATION FOR EACH PARTICIPATION IN EACH
TRADE TRADE
(TO BE INSERTED BY % (TO BE INSERTED BY
SUBRECIPIENT) SUBRECIPIENT)
IN ACCORDANCE WITH FLORIDA IN ACCORDANCE WITH FLORIDA
STATUTES, SECTION 28 7.0945, NOTICE STATUTES, SECTION 287.0945,
OF PROCURMENT OPPORTUNITY IS NOTICE OF PROCURMNT
SENT TO THE DEPARTMENT OF OPPORTUNITY IS SENT TO THE
MANAGEMENT SERVICES, OFFICE OF DEPARTMENT OF MANAGEMENT
SUPPLIER DIVERSITY INFORMING SERVICES, OFFICE OF SUPPLIER
THEM OF THE PROCUREMENT AND DIVERSITY INFORMING THEM OF
REQUESTING THEM TO NOTIIFY THE PROCUREMENT AND
THEIR VENDORS. REQUESTING THEM TO NOTIIFY
THEIR VENDORS.
THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION
WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED
IN THE COVERED AREA. IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK
IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF THE COVERED AREA, IT SHALL
APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE
WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE
CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY
INVOLVED AND NONFEDERALLY INVOLVED CONSTRUCTION.THE CONTRACTOR'S
COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS IN 41 CFR
PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL
OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED
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BY THE SPECIFICATIONS SET FORTH IN 41 CFR 60-4.3(A),AND ITS EFFORTS TO MEET
THE GOALS. THE HOURS OF MINORITY AND FEMALE EMPLOYMENT AND
TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF
THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR SHALL MAKE A
GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF
ITS PROJECTS. THE TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR
TRAINEES FROM CONTRACTOR TO CONTRACTOR OR FROM PROJECT TO PROJECT
FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A
VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER AND THE REGULATIONS
IN 41 CFR PART 60-4. COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST
THE TOTAL WORK HOURS PERFORMED.
THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR
OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10
WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS
OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT
RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME,
ADDRESS AND TELEPHONE NUMBER OF THE SUB-CONTRACTOR; EMPLOYER
IDENTIFICATION NUMBER OF THE SUB-CONTRACTOR; ESTIMATED DOLLAR
AMOUNT OF THE SUBCONTRACT; ESTIMATED STARTING AND COMPLETION
DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE
SUBCONTRACT IS TO BE PERFORMED.
AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS
SOLICITATION, THE "COVERED AREA" IS (INSERT DESCRIPTION OF THE
GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED GIVING THE
STATE, CO LINTY AND CITY, IF ANY).
13. Mandatory Disclosures (2 CFR 200.113). The non-Federal entity or applicant for
a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or
pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Non-Federal entities that have received a
Federal award including the term and condition outlined in appendix XII to this part are required
to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure
to make required disclosures can result in any of the remedies described in § 200.339.
14. Domestic preferences for procurements (2 CFR 200.322).
(a) As appropriate and to the extent consistent with law, the Subrecipient should, to the
greatest extent practicable under a Federal award, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements
of this section must be included in all subawards including all contracts and purchase orders for
work or products under this award.
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(b) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
15. Trafficking Victims Protection Act(2 CFR Part 175)
The Subrecipient shall include adhere to the the following and shall include the following
language in all subawards if funding could be provided to a private entity under such subaward, as
defined below:
I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your 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 performance of the award or subawards under
the award.
2. We as the awarding/subawarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a.l 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 term through
conduct that is either-
A. Associated with performance under this award; or
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3257
B. Imputed to you 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 Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at [agency must insert reference here to its
regulatory implementation of the OMB guidelines in 2 CFR part 180 (e.g., "2 CFR part XX")].
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a
private entity -
1. Is determined to have violated an applicable prohibition in paragraph a.l
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 prohibition in paragraph a.l of this award term
through conduct that is either-
i. Associated with performance under this award; or
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 Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at [agency must insert reference here to its
regulatory implementation of the OMB guidelines in 2 CFR part 180 (e.g., "2 CFR part XX")].
c. Provisions applicable to any recipient.
1.You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.l of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended(22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
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3258
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you 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
requirements.
2. "Forced labor" means labor obtained by any of the following methods: 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":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the definition of Indian tribe
at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and"coercion"have the
meanings given at section 103 of the TVPA, as amended(22 U.S.C. 7102).
16. No Obligation By Federal Government. The Federal Government is not a party
to this Agreement and is not subject to any obligations or liabilities to the Consortium,
Subrecipient, or any other party pertaining to any matter resulting from this Agreement.
17. Federal Agency Seals, Logos and Flags. The Subrecipient. shall not use any
Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency
officials without specific federal agency pre-approval.
18. Federal Awardee Performance and Integrity Information System (FAPIIS)(
The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2
CFR Part 200 Appendix XII)). The Subrecipienn shall update the information in the Federal
Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis,
throughout the life of this contract, by posting the required information in the System for Award
Management via https://www.sam.gov.
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19. Prohibition On Certain Telecommunications And Video Surveillance Services
Or Equipment(2 CFR§200.216): Subrecipient and any subcontractors are prohibited to obligate
or spend grant funds to: (1)procure or obtain, (2) extend or renew a contract to procure or obtain;
or (3) enter into a contract to procure or obtain equipment, services, or systems that use covered
telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Pub. L. 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For
the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities). ii. Telecommunications or video surveillance services provided by such
entities or using such equipment. iii. Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise, connected to the
government of a covered foreign country.
20. Never Contract With The Enemy(2 CFR Part 183). Subrecipient must exercise
due diligence to ensure that none of the funds, including supplies and services, received are
provided directly or indirectly (including through subawards or contracts) to a person or entity
who is actively opposing the United States or coalition forces involved in a contingency operation
in which members of the Armed Forces are actively engaged in hostilities, which must be
completed through 2 CFR 180.300 prior to issuing a subcontract.
21. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387, as amended). Subrecipient agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the appropriate Regional Office
of the Environmental Protection Agency (EPA).
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ATTACHMENT D-2
FEDERAL NON-DISCRIMINATION PROVISIONS
In performing under this Agreement, Subrecipient shall comply with the following
federally mandated non-discrimination requirements, as applicable:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)
2. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.)
3. Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12101 et seq.)
4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794)
5. Revised ADA Standards for Accessible Design for Construction Awards
a. Title II of the Americans with Disabilities Act (ADA) (28 C.F.R. part 35;
75 FR 56164, as amended by 76 FR 13285)
b. Title III of the ADA (28 C.F.R. part 36; 75 FR 56164, as amended by 76
FR 13286)
6. Age Discrimination Act of 1975, as amended(42 U.S.C. §§ 6101 et seq.)
7. Parts II and III of EO 11246, "Equal Employment Opportunity," (30 FR 12319,
1965), as amended by EO 11375 (32 FR 14303, 1967)
8. EO 12086 "Consolidation of contract compliance functions for equal employment
opportunity" (43 FR 46501, 1978), requiring federally assisted construction contracts to include
the non-discrimination provisions of §§ 202 and 203 of EO 11246 "Equal Employment
Opportunity" (41 C.F.R. § 60-1.4(b), 1991)
9. EO 13166 (August 11, 2000), "Improving Access to Services for Persons With
Limited English Proficiency"
10. Pilot Program for Enhancement of Employee Whistleblower Protections. The
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. No. 112-239,
enacted January 2, 2013 and codified at 41 U.S.C. § 4712)
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ATTACHMENT D-3
ENVIRONMENTAL COMPLIANCE
In performing under this Agreement, Subrecipient shall comply with all of the federal
environmental statutes, regulations, and executive orders listed below, as applicable:
1. The National Environmental Policy Act(42 U.S.C. § 4321 et. seq.)
2. The Endangered Species Act(16 U.S.C. § 1531 et seq.)
3. Magnuson-Stevens Fishery Conservation and Management Act(16 U.S.C. § 1801
et seq.)
4. Clean Water Act Section 404 (33 U.S.C. § 1344 et seq.)
5. The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712); Bald and Golden Eagle
Protection Act (16 U.S.C. § 668 et seq.), and Executive Order No. 13186, Responsibilities of
Federal Agencies to Protect Migratory Birds
6. National Historic Preservation Act(54 U.S.C. § 300101 et seq.) and the Advisory
Council on Historic Preservation Guidelines (36 CFR part 800)
7. Clean Air Act (42 U.S.C. § 7401 et seq.), Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.) (Clean Water Act), and Executive Order 11738 ("Providing for
administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to
Federal contracts, grants or loans")
8. The Flood Disaster Protection Act(42 U.S.C. § 4002 et seq.)
9. Executive Order 11988 ("Floodplain Management") and Executive Order 11990
("Protection of Wetlands")
10. Executive Order 13112 ("Invasive Species")
11. The Coastal Zone Management Act(16 U.S.C. § 1451 et seq.)
12. The Coastal Barriers Resources Act(16 U.S.C. § 3501 et seq.)
13. The Wild and Scenic Rivers Act(16 U.S.C. § 1271 et seq.)
14. The Safe Drinking Water Act(42 U.S.C. § 300 et seq.)
15. The Resource Conservation and Recovery Act(42 U.S.C. § 6901 et seq.)
16. The Comprehensive Environmental Response, Compensation, and Liability Act
(Superfund) (42 U.S.C. § 9601 et seq.)
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17. Executive Order 12898 ("Environmental Justice in Minority Populations and Low
Income Populations")
18. Rivers and Harbors Act(33 U.S.C. § 407)
19. Marine Protection, Research and Sanctuaries Act (Pub. L. 92-532, as amended),
National Marine Sanctuaries Act(16 U.S.C. § 1431 et seq.), and Executive Order 13089 ("Coral
Reef Protection")
20. Farmland Protection Policy Act(7 U.S.C. 4201 et seq.)
21. Fish and Wildlife Coordination Act(16 U.S.C. 661 et seq.)
22. Pursuant to 2 CFR §200.322, Subrecipient and its contractors must comply with
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $1 0,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
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Attachment D-4
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
On behalf of the Subrecipient, the undersigned certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying,"in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Subrecipient certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the
provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Subrecipient's Authorized Official
Name and Title of Subrecipient's Authorized Official
Date
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