MIAMI BEACH DUNE EDUCATION WORKSHOP & RESTORATION 120 l� r� 1 V V 0
DEP AGREEMENT NO.CM231
STATE OF FLORIDA
COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT
PURSUANT TO THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD
THIS COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT(hereinafter
"Agreement")is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION,whose address is 3900 Commonwealth Boulevard,Tallahassee,Florida 32399-3000(hereinafter
"the Department"or"DEP")and the CITY OF MIAMI BEACH, whose address is 1700 Convention Center Drive,
Miami Beach,Florida 33139(hereinafter"the Grantee"or"Recipient"),a local government,to provide federal
funding for CITY OF MIAMI BEACH DUNE EDUCATION WORKSHOP&RESTORATION.
WHEREAS,the Department is the recipient of federal financial assistance from the National Oceanic and
Atmospheric Administration(NOAA),awarded on July 1, 2011,pursuant to cooperative annual award
#NA I INOS41900 73 and,as the result of this Agreement,the Grantee has been determined to be a subrecipient of
federal financial assistance from the National Oceanic and Atmospheric Administration;and,
WHEREAS,the Grantee is responsible for complying with the appropriate federal guidelines in the
performance of its activities pursuant to this Agreement.
_rF
NOW,THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom,the
Department and the Grantee do hereby agree as follows:
1. TERMS OF AGREEMENT
A. The Grantee agrees to perform in accordance with the terms and conditions set forth in this
Agreement,Attachment A(Project Work Plan),and all attachments and exhibits named herein,
which are attached hereto and made a part hereof. For purposes of this Agreement,the terms
"Contract" and"Agreement" and the terms"Grantee" and"Recipient"are used interchangeably.
B. The Grantee shall comply with all applicable federal, state and local rules and regulations in
performing under this Agreement. The Grantee acknowledges that this requirement includes
compliance with all applicable federal,state and local health and safety rules and regulations. The
Grantee further agrees to include this provision in all subcontracts issued as a result of this
Agreement.
C. The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. Additionally,the State of Florida's performance and
obligation to pay under this Agreement is contingent upon receipt of funding from NOAA. The
parties hereto understand that this Agreement is not a commitment of future appropriations.
D. The Grantee acknowledges that receipt of this grant does not imply that the project qualifies for
any applicable state permit or approval.
2. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and end no later than October 15,2013,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 26,2012.
No work may commence and no funds may be expended on this Section 306A funded project until the
Florida Coastal Management Program(FCMP)and NOAA have approved the Section 306A checklist.
Projects funded with Section 306A funds must comply with Section 306A of the Coastal Zone
Management Act,available at<h�://coastalmana//coastalmanagement.noaa.gov/about/czma.html#section306a>.
3. FUNDING/CONSIDERATION
A. As consideration for the services rendered by the Grantee under the terms of this Agreement,the
Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed$30,000
for all eligible project costs,upon the completion, submittal and approval of the deliverables
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identified in Attachment A. The parties hereto understand and agree that this Agreement requires
a cost sharing or match on the part of the Grantee in the amount of$30,000 in cash,in-kind,or
third party in-kind,towards the work funded under this Agreement. The final payment will not be
processed until the match requirement has been met. All cost sharing/match shall meet the federal
requirements established in 48 CFR Part 31, 15 CFR Part 14.23, 15 CFR 24.24 and OMB
Circulars A-87(2 CFR 225),A-122(2 CFR 230)and A-21 (2 CFR 220).
B. Prior written approval from the Department's Grant Manager shall be required for changes within
approved deliverable budget categories of up to 10%of the total FCMP deliverable budget
amount. The Department Grant Manager will transmit a copy of the written approval and revised
budget to the Department Contracts Disbursements Office for inclusion in the Agreement file.
Changes greater than 10%of the total FCMP deliverable budget will require a formal change
order to the Agreement. Changes that transfer funds from one deliverable to another or that
increase or decrease the total funding amount will require a formal amendment to the Agreement.
C. The Grantee shall submit a properly completed Attachment C,Payment Request Summary Form,
upon the completion, submittal,and acceptance by the Department,of each deliverable identified
in Attachment A. In addition to the Payment Request Form,the Grantee must provide a
completed Exhibit I, Schedule of Expenditures;Exhibit II, Schedule of Match;copies of canceled
checks;copies of invoices and a completed Attachment B,Quarterly Progress Report,for the
period up to the completion of the deliverable. All bills for amounts due under this Agreement
shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests
for reimbursement of travel expenses shall be in accordance with Section 112.061,Florida Statutes
(hereinafter"F.S."). Failure to provide Attachment B shall result in a delay in processing the
payment until such time as the appropriate information is provided to the Department. Each
payment request submitted shall document all matching funds and/or match efforts(i.e. in-kind
services)provided during the period covered by each request. A final payment request must be
submitted to the Department no later than October 25,2013,to assure the availability of funds for
payment. The final payment will not be processed until the match requirement has been met.
Failure to comply with these reporting requirements will result in non-payment or termination of
this Agreement. To be eligible for reimbursement,costs must be in accordance with the
requirements of 15 CFR Parts 14 and 24,as applicable.
D. In addition to the invoicing requirements contained in paragraphs 4.A,and C,the Department will
periodically request,as it deems appropriate in its sole discretion,proof of a transaction(invoice,
payroll register,or similar item)to evaluate the appropriateness of costs to the Agreement
pursuant to State and Federal guidelines(including cost allocation guidelines). This information,
when requested,must be provided within thirty(30)calendar days of such request. The Grantee
may also be required to submit a cost allocation plan to the Department in support of its
multipliers(overhead, indirect,general administrative costs,and fringe benefits). State guidelines
for allowable costs can be found in the Department of Financial Services' Reference Guide for
State Expenditures at hM2://www.fldfs.com/aadir/reference%5Fp-uide;allowable costs for Federal
Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74,at
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB Circulars A-87(2 CFR 225),
A-122(2 CFR 230),A-21 (2 CFR 220);and administrative requirements can be found in OMB
Circulars A-102 and A-110(2 CFR 215)at
hn://www.whitehouse.gov/omb/circulars/index.html#numerical.
E. Only project deliverable costs incurred during the grant period identified in paragraph 2 of this
Agreement,as shown by project invoices,are eligible for reimbursement. In order to be
reimbursed,costs under this Agreement must be obligated and all work completed by the Grantee
by the end of the grant period identified in paragraph 2. Ten percent(10%)of the funds eligible
for reimbursement under this Agreement may be withheld pending receipt and approval of all
work products and deliverables as identified in Attachment A.
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F. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement,the following cost principles are
incorporated by reference.
I
Organization Type Applicable Cost Principles
State, local or Indian tribal government. OMB Circular A-87(2 CFR 225)
Private non-profit organization other than (1) an OMB Circular A-122(2 CFR 230)
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions OMB Circular A-21 (2 CFR 220)
For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles
organization named in OMB A-122 as not subject to and Procedures, or uniform cost accounting
that circular. standards that comply with cost principles
acceptable to the federal agency.
Hospital 45 CFR Subtitle A-Appendix E to Part 74-
Principles for Determining Costs
Applicable to Research and Development
Under Grants and Contracts with Hospitals
G. 1. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's,or
subrecipient's, accounting system cannot comply with this requirement,the Grantee,or
subrecipient,shall establish a system to provide adequate fund accountability for each
project it has been awarded.
2. If the Department finds that these funds have been commingled,the Department shall
have the right to demand a refund,either in whole or in part,of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee,upon such written notification from the Department shall
refund,and shall forthwith pay to the Department,the amount of money demanded by the
Department. 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 Department by the Grantee to the date
repayment is made by the Grantee to the Department.
3. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department,from another source(s),the Grantee shall reimburse the
Department 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 Grantee to the date repayment is made to the Department by the Grantee.
H. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or
after termination of the Agreement are not allowable unless the Department expressly authorizes
them in the notice of suspension or termination. If expressly authorized such Grantee costs
incurred during suspension or after termination are only allowable if necessary and not reasonably
avoidable,and are allowable only if both of the following apply:
1. The costs result from obligations which were properly incurred by the Grantee before the
effective date of suspension or termination,are not in anticipation of it,and in the case of
termination,are non-cancelable;and
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2. 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.
4. REPORTS
The Grantee shall submit a Progress Report Form,attached hereto and incorporated herein as Attachment
B on a quarterly basis. Quarterly reports shall be submitted to the Department's Grant Manager no later
than ten(10)days following the completion of the quarterly reporting period. The term"quarterly"shall
reflect the calendar quarters ending March 31,June 30, September 30 and December 31. In addition to the
final quarterly progress report,the Grantee shall submit a Final Project Report Form,attached hereto and
made a part hereof as Attachment D. A draft shall be submitted electronically to the Department's Grant
Manager for approval. After approval by the Florida Coastal Management Program(FCMP),a hard copy
and an electronic copy of the Final Project Report shall be submitted to the Department's Grant Manager.
Final payment will be held until receipt and approval of the Final Project Report.
5. INDEMNIFICATION/LIMITS OF LIABILITY
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However,nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28,F.S.
6. DEFAULT/TERMINATION
A. This Agreement shall be executed within ninety(90)days from NOAA approval unless mutually
waived by the Department and the Grantee. Failure of timely execution of this Agreement by the
Grantee may result in these funds being reallocated to other FCMP needs.
B. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination,the
Department shall provide thirty(30)calendar days written notice of its intent to terminate and
shall provide the Grantee an opportunity to inquire with the Department regarding the reason(s)
for termination.
C. The Department may terminate this Agreement if the work described herein has not commenced
within sixty(60)calendar days of the date of execution of this Agreement. Prior to termination,
the Department shall provide thirty(30)calendar days written notice of its intent to terminate and
shall provide the Grantee an opportunity to inquire with the Department regarding the reason(s)
for termination.
D. The Department may unilaterally terminate this Agreement for convenience by providing the
Grantee with thirty(30)calendar days written notice.
E. Records made or received in conjunction with this Agreement are public records. Such records
may also be subject to the Freedom of Information Act. This Agreement may be unilaterally
canceled by the Department for refusal by the Grantee to allow public access to all documents,
papers,letters,or other material made or received by the Grantee in conjunction with this
Agreement,unless the records are exempt from Section 24(a)of Article I of the State Constitution
and Chapter 119,F.S.
F. The Department will decline reimbursement to the Grantee for services provided under the terms
of this Agreement if the Grantee does not submit payment requests and quarterly reports in
accordance with the provisions of paragraphs 3 and 4 of this Agreement. Quarterly Progress
Reports received by the Department after the 10th calendar day following the completion of any
quarterly reporting period will be considered late-filed and render Grantee in default under the
terms of this Agreement.
G. If the Grantee fails to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A(Project Work Plan),and all attachments and exhibits,the Grantee
shall be ineligible to be considered for funding under the Coastal Partnership Initiative(CPI)
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program for two(2)consecutive funding cycles. The Department shall notify the Grantee of
ineligibility within thirty(30)days of the grant end date.
7. REMEDIES
If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or state statutes,rules or regulations applicable to this Agreement,the Department may take one or
more of the following actions,as appropriate for the circumstances:
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow(that is,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.
C. Request refund of previously disbursed payments.
D. Wholly or partly suspend or terminate this Agreement.
E. Withhold further awards for the project or program.
F. Take other remedies that may be legally available.
G. Propose Grantee for Debarment and Suspension in accordance with Executive Orders 12549 and
12689.
8. RECORD KEEPING/AUDIT
A. The Grantee shall maintain books,records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
NOAA,the Department,the State of Florida,or their authorized representatives shall have access
to such records for audit purposes during the term of this Agreement and for five(5)years
following Agreement completion. In the event any work is subcontracted,the Grantee shall
similarly require each subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee 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.
C. Records for real property and equipment acquired with Federal funds shall be retained for five(5)
years following final disposition.
D. The federal funds awarded under this Agreement must comply with The Federal Funding
Accountability and Transparency Act(FFATA)of 2006. The intent of the FFATA is to
empower every American with the ability to hold the government accountable for each spending
decision. The end result is to reduce wasteful spending in the government. The FFATA
legislation requires that information on federal awards(federal financial assistance and
expenditures)be made available to the public via a single,searchable website,which is
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 the FFATA. The Grantee agrees to
provide the information necessary,over the life of this Agreement,for the Department to comply
with this requirement.
9. SPECIAL AUDIT REQUIREMENTS
A. In addition to the requirements of the preceding paragraph,the Grantee shall comply with the
applicable provisions contained in Attachment E(Special Audit Requirements),attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
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Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
that authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1,the Grantee shall notify the Department's Grant Manager to request a copy of the
updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance(Federal and/or state)identified in Attachment E,
Exhibit 1 when making its determination. For Federal financial assistance,the Grantee shall
utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for
determining whether the relationship represents that of a subrecipient or vendor. For state
financial assistance,the Grantee shall utilize the form entitled"Checklist for Nonstate
Organizations Recipient/Subrecipient vs.Vendor Determination"(form#DFS-A2-NS),accessible
at: hiips://apps.fldfs.com/fsaa/documents/nonstate.doc. The Grantee should confer with its chief
financial officer,audit director or contact the Department for assistance with questions pertaining
to the applicability of these requirements.
C. In addition,the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting,Attachment F,attached hereto and made a part hereof,within four
(4)months following the end of the Grantee's fiscal year. Attachment F should be submitted to
the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard,
Mail Station 93,Tallahassee, Florida 32399-3000. The Grants Development and Review
Manager is available to answer any questions at(850)245-2361.
10. SUBCONTRACTS
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to comply with the procurement requirements
contained in 15 CFR 24.36 and 15 CFR 14.44,as applicable. The payment terms of subcontracts
(other than construction and the purchase of commodities)shall comply with the terms of this
Agreement(for example, if payment under this Agreement is being made on a cost reimbursement
basis,then the subcontract should also be cost reimbursement). The Grantee shall submit a copy
of the executed subcontract to the Department's Grant Manager within ten(10)days after
execution. The Grantee 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 Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
11. LOBBYING PROHIBITION
A. In accordance with Section 216.347,F.S.,the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature,the judicial branch or a
state agency.
B. Pursuant to the terms and conditions of the Federal award supporting this Agreement,no funds
used for the payment of membership dues to any entity are to be used by that entity to engage in
lobbying activities,as provided in OMB Circulars No.A-87(2 CFR 225),A-21(2 CFR 220),A-
122(2 CFR 230),A-102 and A-110(2 CFR 215)and other relevant law and regulation.
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12. CONTACTS
A. Any notices between the parties shall be considered delivered when posted by Certified Mail,
return receipt requested,or overnight courier service,or delivered in'person to the Grant Managers
at the addresses below.
B. The Department's Grant Manager(who may also be referred to as the Department's Project
Manager)for this Agreement is identified below.
Dornecia Allen,Operations&Management Consultant I
Department of Environmental Protection
Florida Coastal Management Program
3900 Commonwealth Boulevard,Mail Station#47
Tallahassee,Florida 32399-3000
850 245-2161:.
No
Telephone P (850)245-2161
Fax No.: (850)245-2189
E-mail Address: Dornecia.Allen @dep.state.fl.us
C. The Grantee's Grant Manager(which may also be referred to as the Grantee's Project Manager or
Point of Contact)for this Agreement is identified below.
Judy Hoanshelt
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
Telephone No.: (305)673-7000 Ext.6183
Fax No.: (786)394-4675
E-mail Address: judyhoanshelt@miamibeachfl.g_o_v
D. The Grantee's Fiscal Agent for this Agreement is identified below.
Elizabeth Wheaton
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
Telephone No.: (305)673-7080 Ext.6121
Fax No.: (305)394-4770
E-mail Address: elizabethwheaton @miamibeachfl.gov
13. INSURANCE
A. To the extent required by law,the Grantee will be self-insured against,or will secure and maintain
during the life of this Agreement, Workers'Compensation Insurance for all of the Grantee's
employees connected with the work of this project and,in case any work is subcontracted,the
Grantee shall require the subcontractor similarly,to provide Workers'Compensation Insurance for
all of the latter's employees unless such employees are covered by the protection afforded by the
Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida
Workers'Compensation law. In case any class of employees engaged in hazardous work under
this Agreement is not protected under Workers'Compensation statutes,the Grantee shall provide,
and cause each subcontractor to provide,adequate insurance satisfactory to the Department,for
the protection of the Grantee's employees not otherwise protected.
B. The Grantee warrants and represents that it is self-funded for liability insurance,appropriate and
allowable under Florida law,and that such self-insurance offers protection applicable to the
Grantee's officers,employees, servants and agents while acting within the scope of their
employment with the Grantee.
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14. CONFLICT OF INTEREST
The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict
in any manner or degree with the performance of services required.
15. EQUIPMENT
The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of
this Agreement.
16. CHANGE ORDERS
The Department may at any time,by written order designated to be a change order,make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
17. QUALITY ASSURANCE
If the Grantee's project involves environmentally related measurements or data generation,the Grantee
shall develop and implement quality assurance practices consisting of policies,procedures,specifications,
standards,and documentation sufficient to produce data of quality adequate to meet project objectives and
to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62-160,Florida
Administrative Code,and the Quality Assurance Requirements for Department Agreements,Attachment I,
Quality Assurance Requirements,attached hereto and made a part hereof.
18. DISCRIMINATION
A. An entity or affiliate who has been placed on the 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 intends to post the list on its
website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services,Office of Supplier Diversity at(850)487-0915.
B. The Grantee agrees to comply with the provisions of 15 CFR Part 8"Nondiscrimination in
Federally Assisted Programs." No person,on the grounds of race,creed,color,national origin,
age,sex or disability,shall be excluded from participation in;be denied the proceeds or benefits
of,or be otherwise subjected to discrimination in the performance of this Agreement.
19. DEBARMENT/SUSPENSION
In accordance with Executive Order 12549,Debarment and Suspension(2 CFR 1326),the Grantee shall
agree and certify 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 Grantee shall not knowingly 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 NOAA to the Department.
20. COPYRIGHT,PATENT AND TRADEMARK
The U.S.Department of Commerce,NOAA and the Department reserve a royalty-free,nonexclusive,and
irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for federal
government purposes:
A. The copyright in any work developed under a grant or contract under a grant.
B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support.
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C. All patent rights,copyrights and data rights must be in accordance with 15 CFR 14.36 and 15 CFR
24.34,as applicable.
21. GEOSPATIAL DATA
A. If funds are provided under this Agreement for the collection or production of geospatial data
(e.g.,GIS data layers,acquisition of topographic or bathymetric data or other remotely sensed
data),the Grantee shall provide relevant information(e.g.expected dates of data collection,type
of collection,flight lines,etc.)to the FCMP as early as practicable before data collection
commences.
B. This information will be shared with the NOAA office(s)having an interest in these types of data
and the appropriate NOAA staff will work with the Grantee to ensure the data and the planned
acquisition activities are registered in Geospatial One-Stop(geodata.gov)and comply with OMB
Circular A-16,Coordination of Geographic Information and Related Spatial Data Activities at:
http://www.whitehouse.gov/omb/circulars/aO 16/a016_rev.html .
C. The Grantee shall document all new geospatial data it collects or produces using the metadata
standards developed by the Federal Geospatial Data Committee(FGDC),and make that
standardized documentation electronically accessible to NOAA, if requested. These standards can
be found at http://www.fgdc.gov/metadata/csdgm/.
22. PUBLICATIONS,PHOTOGRAPHS,AUDIOVISUALS& SIGNS
Before publishing or printing a final draft of any publication pertaining to this Agreement,such draft shall
be sent to the Department's Grant Manager for review and approval. This does not apply to the required
quarterly reports referred to in paragraph 4 of this Agreement.
A. Publications,printed reports(other than the scientific,technical,or professional publications as
identified in paragraph 22.B.below),videos,websites or other materials must include the NOAA
logo(logos can be found at the FCMP web site at
http://www.dep.state.fl.us/cmp/grants/logos/index.htm or contact the Department's Grant Manager
to get a copy)and the following statement on the cover of first page:
"This(report/video/website/publication)was funded in part,through a grant agreement from the
Florida Department of Environmental Protection,Florida Coastal Management Program,by a
grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone
Management Act of 1972,as amended,National Oceanic and Atmospheric Administration Award
No.#NAHNOS4190073. The views,statements,findings,conclusions and recommendations
expressed herein are those of the author(s)and do not necessarily reflect the views of the State of
Florida,NOAA or any of their subagencies."
The next printed line shall identify the month and year of the publication.
B. Publication of the results of research projects in appropriate professional journals is encouraged as
an important method of recording and reporting scientific information. The Grantee is required to
submit a copy to the Department when releasing information related to a funded project,which
includes a statement that the project or effort undertaken was or is sponsored by the U.S.
Department of Commerce. The Grantee is also responsible for assuring that every publication of
material(including internet sites)based on or developed under an award,except scientific articles
or papers appearing in scientific,technical or professional journals,contains the statement shown
in paragraph 22.A. above.
C. Grantees must complete a signed Photographer Release Form and/or Model Release Form
(Attachment J)to be submitted with project photos sent to the Department.
D. Audiovisuals: Grantees must acknowledge NOAA support on any audiovisual(e.g.,website,
video,slides,etc.)which is produced with this Agreement. Unless required under special terms of
this Agreement,this requirement does not apply to audiovisuals produced as research instruments
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I
or for documenting experimentation or findings and which are not intended for presentation to the
general public. The acknowledgment must not represent or suggest in any way that the views
expressed are those of NOAA and must include the statement shown in paragraph 22.A. above.
The Grantee must receive approval in writing from the Department's Grant Manager before
beginning production and distribution of any audiovisual(e.g.,video,slides,etc.)funded under
this Agreement. The Grantee must apply for approval at least thirty(30)calendar days in advance.
The Grantee must also provide the Department's Grant Manager with shooting scripts and provide
two(2)copies of the audiovisual(e.g.,video, slides,etc.)upon completion.
E. Sign Requirements.for Construction Projects: The Grantee shall erect.a sign at the site of any
construction project,maintain it during construction and the sign must remain at the site
permanently. This requirement shall survive the completion date of the Agreement as established
in paragraph 2. The sign must be at least 2'x Yin size and include the language shown below,
and the NOAA,DEP and FCMP logos,which may be found at
http://www.dep.state.fl.us/cmp/ rag nts/logos/index.htm. Sign colors should complement the
surrounding area. The following language is recommended:
"The Florida Coastal Management Program funded this project with a grant from the NOAA
Office of Ocean and Coastal Resource Management awarded under the Coastal Zone Management
Act."
The next printed line shall identify the completion month and year of the project.
F. Acknowledgement Requirement for Interpretive Signs&Banners: Interpretive signs and banners
may include only the NOAA and FCMP logos.
23. CONTRACT PROVISIONS
The Grantee agrees to comply with,and include in subcontracts and subgrants,the provisions contained in
Attachment K,Contract Provisions,attached hereto and made a part hereof. In addition,the Grantee
acknowledges that the applicable regulations listed in Attachment L,Regulations,attached hereto and
made a part hereof,shall apply to this Agreement.
24. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
25. SEVERIABILITY CLAUSE
If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced
only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions
shall remain in full force and effect.
26. ENTIRE AGREEMENT
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM231,Page 10 of 11
DEP 55-236(08/11)
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,the day and year last
written below.
CITY OF MIAMI BEACH STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By. By.
Kat e G. Broo s,Interim City Manager Sally 11. Mann,Ifirector
n Intergovernmental Programs
Date: �—1 T 1 — Date: �2
Dornecia Allen
DEP Grant Manager
J ved as to fo - d legality: Approved as to form and legality:
T A orney DEP Coastal Management Program Attorney
FEID No.: 59-6000372
DUNS No.: 02-0546289
CFDA No.: 11.419
CFDA Title: Coastal Zone Administration Awards
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement,a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A Project Work Plan(7 Pages)
Attachment B Progress ss Report Form(2 Pages)
Attachment C Payment Request Form(10 Pages)
Attachment D Final Project Report Form 4 Pages)
Attachment E Special Audit Requirements(5 Pages)
Attachment F Certification of Applicabilijy to Single Audit Act Reporting Q Pages)
Attachment G Disclosure of Lobbying Activities(2 Pages)Not applicable
Attachment H Property Reporting Form(1 Page)Not applicable
Attachment I 4ualityAssurance Requirements(16 Pages)Not applicable
Attachment J Photographer Release Form&Model Release Form(2 Pages)
Attachment K Contract Provisions(4 Pages)
Attachment L Regulations(1 Page)
DEP Agreement No.CM231,Page 11 of 11
DEP 55-236(08/11)
ATTACHMENT A
PROJECT WORD PLAN
DEP Agreement# CM231
Proiect Title: City of Miami Beach Dune Education Workshop&Restoration
Grantee
Organization Name: City of Miami Beach
Chief Elected Official or Agency Head: Kathie Brooks
Title: Interim City Manager
Address: 1700 Convention Center Dr.
City:Miami Beach
Zip Code: 33139
Area Code and Telephone Number: (305)673-7010
Area Code and Facsimile Machine Telephone Number: (305)673-7782
E-Mail Address: kathiebrooks@miamibeachfl.gov
Project Manager
Organization Name: City of Miami Beach
Name: Judy Hoanshelt
Address: 1700 Convention Center Dr.
City: Miami Beach
Zip Code: 33139
Area Code and Telephone Number: (305)673-7000 Ext. 6183
Area Code and Facsimile Machine Telephone Number: (786)394-4675
E-Mail Address: judyhoansheltgmiamibeachfl.gov
Fiscal Agent
Organization Name: City of Miami Beach
Name: Elizabeth Wheaton
Address: 1700 Convention Center Dr.
City: Miami Beach
Zip Code: 33139
Area Code and Telephone Number: (305)673-7080 Ext.6121
Area Code and Facsimile Machine Telephone Number: (305)394-4770
E-Mail Address: elizabethwheaton gmiamibeachfl.gov
DE Agreement No.CM231,Attachment A,Page 1 of 7
II
Mailing Address for Warrant(if other than the Grantee address):
F'EID No.: 59-6000372
DUNS No.: 02-0546289
Project Location: Identify the location of the project and include the county/counties involved in the project area.
If this project affects water,include the watershed and hydrologic unit code.
"Watershed and hydrologic unit codes information can be found at htW:./,Iwater.usgs.gov/GIS/huc.htxnl
This project is located in the City of Miami Beach,Florida
County in which project is located: Miami-Dade County
IDEP Agreement No.CM231,Attachment A,Page 2 of 7
Scope of Work: Provide a summary of the project and the justification supporting the need for the Florida
Department of Environmental Protection to fund the project.Provide a detailed description of the work to be
performed for the project. Project descriptions should include specific tasks and deliverables.
The City of Miami Beach will use FCMP funds to promote coastal resource stewardship and improve public access
by conducting a Beach&Dune Education Workshop,followed by a volunteer dune restoration effort to enhance the
city's beach dune habitat. The workshop will provide information on impacts to endangered sea turtles and the
importance of the dune system and beach restoration. Educational signs displaying key information from the
workshop will be installed at designated public access points,and an educational brochure will be developed and
provided to condominium owners and hotels. A dune ecologist will lead and supervise the restoration events,which
will include removal of invasive,exotic vegetation on the dunes,and then the project site will be re-vegetated with
native plants. The completed,restored site will be roped off to discourage unauthorized access.
Outcome Tasks
1) Create workshop curriculum and invitation;advertise and hold 1-day workshop event.
2) Design/print/distribute brochures.
3) Purchase native plants and restoration supplies.
4) Prepare bid/hire professional landscape contractor to remove invasive plants and replant areas not addressed by
volunteer plantings.
5) Hold dune restoration event(2 volunteer invasive plant removals and 2 native species plantings).
6) Install rope/posts around restored areas.
7) Design and install educational signs at identified access points.
Deliverables
1. Workshop agenda,curricula,date,location,list of attendees.
2. Draft of brochure submitted to FCMP for review.
3. List of purchased native plants.
4. Draft design of signs.
5. Before/after photos of exotic removal work;planted vegetation;roped-off site;and installed signs.
DEP Agreement No.CM231,Attachment A,Page 3 of 7
Proiect Related Tasks and Deliverables: Provide detailed tasks for the completion of the project,
deliverables specific to the tasks(required reports such as progress reports and final reports are not deliverables as
they are required by all agreements and are not project specific),timeline for the completion of the tasks and
submittal of the deliverables,the criteria that will be used to evaluate the successful completion of the task and
deliverable budget information for each deliverable.
PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted
and approved prior to payment.Deliverables must be quantifiable,measurable and verifiable. Each deliverable must
be directly related to a task specified in the scope of work and must identify the minimum level of service to be
performed.
Task 1 ($6,696): Create workshop curriculum and invitation; advertise and hold 1-day workshop event.
Deliverable 1.1 ($6,696): Workshop agenda,curricula,date,location,and list of attendees.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition,agreement can be
terminated for failure to perform.
Completion Date: August 31,2013(deliverables are due to FCMP no later than 10 days after the completion
date)
Budget Information: $500-FCMP&$6,196-Match.
Salaries: $2,167.20-The Environmental Resources Manager's salary minus fringe benefits is$25.20 per hour.
($25.20 an hour for 86 hours=$2,167.20).
Fringe Benefits: $929.80-The fringe benefits are 30%of the Environmental Resources Manager's hourly rate of
$36.00. Fringe benefits for this position are$10.80($10.80 an hour for 86 hours=$928.80).
Contractual Services: $3,600-Professional Dune Ecologist($500-FCMP&$3,100-Match).
Task 2($1,060): Design,print and distribute educational brochure.
Deliverable 2.1 ($540): Draft educational brochure submitted to FCMP for review and approval.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be
terminated for failure to perform.
Completion Date: June 15,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $540-Match
Salaries: $378-The Environmental Resources Manager's salary minus fringe benefits is$25.20 per hour. ($25.20
an hour for 15 hours=$378).
Fringe Benefits: $162-The fringe benefits are 30%of the Environmental Resources Manager's hourly rate of
$36.00. Fringe benefits for this position are$10.80($10.80 an hour for 14 hours=$162).
Deliverable 2.2($520): Final educational brochure.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be
terminated for failure to perform.
Completion Date: July 31,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $520-Match
Supplies: $520-Printing of educational brochures(Match).
Task 3($47,170): Dune restoration: hold dune restoration events(2 volunteer invasive plant removals and 2
native species plantings)and hire a professional landscape contractor to remove invasive plants and replant
areas not addressed by volunteer plantings.
Deliverable 3.1 ($41,443): Photos of the removal of invasive plants and replanted areas not addressed by
volunteer plantings.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
DEP Agreement No.CM231,Attachment A,Page 4 of 7
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be
terminated for failure to perform.
Completion Date: October 15,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $22,675-FCMP&$18,768-Match
Salaries: $831.60-The Environmental Resources Manager's salary minus fringe benefits is$25.20 per hour.
($25.00 an hour for 33 hours=$831.60).
Fringe Benefits: $356.40-The fringe benefits are 30%of the Environmental Resources Manager's hourly rate of
$36.00. Fringe benefits for this position are$10.80($10.80 an hour for 33 hours=$356.40).
Contractual Services: $40,255-Professional landscape contractor to conduct non-native dune vegetation removal
and replanting of native species($22,675-FCMP&$17,580-Match)
Deliverable 3.2($5,727): Photos from volunteer dune restoration events
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be
terminated for failure to perform.
Completion Date: September 30,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $2,075-FCMP&$3,652-Match
Salaries: $796.40-The Environmental Resources Manager's salary minus fringe benefits is$25.20 per hour.
($25.00 an hour for 34 hours=$856.80 claiming$796.40).
Fringe Benefits: $355.60-The fringe benefits are 30%of the Environmental Resources Manager's hourly rate of
$36.00. Fringe benefits for this position are$10.80($10.80 an hour for 34 hours=$367.20 claiming$355.60).
Supplies: $575-Materials for volunteer dune restoration(gloves,shovels,clippers)(FCMP).
Contractual Services: $4,000-Professional Dune Ecologist($1,500-FCMP&$2,500-Match).
Task 4($2,574): Create and display educational signs at the public access points within the project area.
Deliverable 4.1 ($324): Draft design of educational signs submitted to FCMP for review and approval.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition,agreement can be
terminated for failure to perform.
Completion Date: September 1,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $324-Match
Salaries: $226.80-The Environmental Resources Manager's salary minus fringe benefits is$25.20 per hour.
($25.00 an hour for 9 hours=$226.80).
Fringe Benefits: $97.20-The fringe benefits are 30%of the Environmental Resources Manager's hourly rate of
$36.00. Fringe benefits for this position are$10.80($10.80 an hour for 9 hours=$97.20).
Deliverable 4.2($2,250): Photos of installed educational signs.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition,agreement can be
terminated for failure to perform.
Completion Date: September 30,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $2,250-FCMP
Supplies: $2,250-Aluminum educational signs and protective plexi-glass(FCMP).
Task 5($2,500): Restored site will be roped off to discourage unauthorized access.
Deliverable 5.1 ($2,500): Photos of roped-off site.
Performance Measures: Deliverable reviewed to ensure specifications in scope have been met.
Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be
terminated for failure to perform.
Completion Rate: September 30,2013(deliverables are due no later than 10 days after the completion date)
Budget Information: $2,500-FCMP
Supplies: $2,500-Rope and wooden posts(FCMP).
DEP Agreement No.CM231,Attachment A,Page 5 of 7
Total Project Budget Schedule: Please type the total dollar amounts in all applicable categories and leave
other categories blank. If your grant Agreement requires match, it must equal the FCMP funds requested,or one
hundred percent(100%).
Bud
get Categgory FCMP Funds ALL TCH Funds
1. Salaries 4,400
2. Fringe Benefits 1,900
3. Travel
4. Equipment Purchases
5. Supplies 5,325 520
6. Contractual Services 24,675 23,180
7. Other Expenses
8. Indirect Charges
FCMP Total $30,000
Match Total $30,000
NOAA Project Total $60,000
Total Project Cost: $60,000
(The total cost of the project includes all costs for the project provided by all funding sources).
DEP Agreement No.CM231,Attachment A,Page 6 of 7
Project Budget Narrative: Describe line items for each applicable budget category shown on the budget
schedule. Provide sufficient detail to show cost relationship to project activities. Complete for both FCMP and
match items, if applicable. If in-kind match is being provided by a third party,a letter from that party confirming
the amount and type of that match must be included with this project work plan. Note: Indirect costs are not
allowed as match.
FCMP Funds:
Supplies$5,325: FCMP funds will be utilized to purchase materials for the volunteer restoration(gloves, shovels,
clippers)($575);educational signage($2,250)and rope and post($2,500).
Contractual Services$24,675: FCMP funds will be utilized for contractual services include services for a dune
ecologist to assist with volunteer restoration events($2,000)and professional landscape contractor dune vegetation
removal($15,000)and replanting($7,675).
Match Funds:
Salaries$4,400: The Environmental Resources Manager's salary for 15 hours per month to manage the
implementation of this program is included as in-kind services($5,220).
Fringe Benefits$1,900: The Environmental Resources Manager's fringe benefits(health and life insurance,MICA,
and pension)for 15 hours per month-is included as in-kind services($1,600).
Supplies$520: Printing of educational brochures.
Contractual Service$23,180: Matching funds will be utilized for contractual services including services for a dune
ecologist to assist with the workshop and volunteer restoration events($2,000),and professional landscape
contractor for final dune vegetation removal($18,000)and replanting($3,180).
DEP Agreement No.CM231,Attachment A,Page 7 of 7
ATTACHMENT B
PROGRESS REPORT FORM
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Grant Manager's Email Address:
Reporting Period:
Project Title:
Provide a summary of project accomplishments for this reporting period by task. If tasks were not
addressed during the reporting eriod,provide an explanation.
Provide the status of each deliverable.(e.g.,Deliverable 1.1: 75%complete,Deliverable 1.2: 25%complete,
Deliverable 2.1,work scheduled to begin after the completion of Deliverable 1.1,Deliverable 2.2,etc.)
Identify below,and attach copies of deliverables being submitted for this reporting period(e.g.,Deliverable
1.1: copies of permits,Deliverable 1.2: before photographs,etc.
Provide an explanation for any anticipated delays or any problems encountered.
DEP Agreement No.CM###,Attachment B,Page 1 of 2
DEP 55-236(06/09)
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PROGRESS REPORT FORM
DEP.AGREEMENT NO.: This is the number on your grant agreement that starts with CM_
GRANTEE NAME: Enter the name of the grantee's agency.
GRANTEE ADDRESS: Enter the address that is on the first page of the grant agreement.
GRANTEE'S GRANT MANAGER: Enter the person identified as grant manager in the grant agreement.
TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted.
GRANT MANAGER'S EMAIL ADDRESS: Enter the grant manager's email address.
REPORTING PERIOD: This is the beginning and ending date of the reporting period; it can cover more than one
quarter.
PROJECT TITLE: Enter the Title shown on the first page of the grant agreement.
Provide a summary of project accomplishments this reporting period by task. If tasks were not addressed
during the reporting period,provide an explanation(s). This section should show the progress for each task that
was scheduled to begin or be completed in the current reporting period. If there was no progress for a task that was
to start or be completed,please explain the reason.
Provide the status of each deliverable.(e.g.,Deliverable 1.1: 75%complete,Deliverable 1.2: 25% complete,
Deliverable 2.1,work scheduled to begin after the completion of Deliverable 1.1,Deliverable 2.2,etc.). This
section should show the status for each deliverable that was scheduled to begin or be completed in the current
reporting period. The status should be reported by the percentage completed. If there was no progress for a
deliverable,briefly state the reason.
Identify below,and attach copies of deliverables being submitted for this reporting period(e.g.,Deliverable
1.1: copies of permits,Deliverable 1.2: before photographs,etc.). Ensure that any deliverables listed in the grant
agreement,as well as those not listed are included. For instance,you may send copies of agendas or minutes of
meetings,photos of displays, or other supporting documentation to show the completion or progress towards a task.
Label the deliverables by task and deliverable number(s)that they are associated with(for example: Deliverable 1.1
for task 1,deliverable 1).
Provide an explanation for any anticipated delays or any problems encountered.Provide a brief summary of
any anticipated or encountered problems or delays.
Questions regarding completion of Progress Reports should be directed to Dornecia Allen at(850)245-2161 or
Domecia.AIlengdep.state.fl.us.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM###,Attachment B,Page 2 of 2
DEP 55-236(06/09)
ATTACHMENT C
PAYMENT REQUEST FORM
Mailing Address: Grantee's Grant Manager:
DEP Agreement No.: Payment Request No.:
Performance
Date Of Request: Period:
Total Amount Deliverable
Requested:$ No.:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
TOTAL MATCHING TOTAL
AMOUNT OF CUMULATIVE CUMULATIVE
CATEGORY OF EXPENDITURE THIS CLAIM FCMP FUNDS MATCHING
CLAIMS CLAIMED FUNDS
Salaries $ $ $ $
Fringe Benefits $ $ $ $
Travel $ $ $ $
Equipment Purchases $ $ $ $
Supplies $ $ $ $
Contractual Services $ $ $ $
Other Expenses $ $ $ $
Indirect $ $
TOTAL AMOUNT $ $ $ $
GRANT BUDGET AMOUNT $ $
Less Total Cumulative Payments of: $ $
REMAINING B UDGET IN GRANT $ $
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
"PLEASE DO NOT ALTER THIS FORM"
DEP Agreement No.CM###,Attachment C,Page 1 of 10
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
INSTRUCTIONS FOR COMPLETING
ATTACHMENT C
PAYMENT REQUEST FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM
DATE OF REQUEST: This is the date you are submitting the report.
TOTAL AMOUNT REQUESTED: This should match the amount on the"TOTAL AMOUNT"line for the
"AMOUNT OF THIS CLAIM"column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant
agreement.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period.
DELIVERABLE NO.: Enter the number of the DELIVERABLE(S)that you are requesting payment for.
GRANT EXPENDITURES SUMMARYSECTION.
"AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was paid out for all listed deliverables
during the invoice period for which you are requesting reimbursement. This must be by budget category as in the
currently approved budget in Attachment A,Project Work Plan,or amendment of your grant Agreement. Do not
claim expenses in a budget category that does not have an approved budget. Do not claim items that are not
specifically identified in the current Budget Narrative section of Attachment A.DO NOT ALTER FORM OR
COMBINE BUDGET CATEGORIES. Enter the column total on the"TOTAL AMOUNT" line. Enter the FCMP
budget amount on the"GRANT BUDGET AMOUNT" line. Enter the total cumulative amount of this request and all
previous payments on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line. Deduct the"LESS TOTAL
CUMULATIVE PAYMENTS OF"from the"GRANT BUDGET AMOUNT"for the amount to enter on the
"REMAINING BUDGET IN GRANT' line.
"TOTAL CUMULATIVE FCMP CLAIMS"COLUMN: Enter the cumulative amounts that have been claimed
to date for FCMP expenses by budget category. The final report should show the total of all claims,first claim
through the final claim,etc. Enter the column total on the"TOTAL AMOUNT"line. DO NOT ENTER
ANYTHING IN THE SHADED AREAS.
"MATCHING FUNDS CLAIMED"COLUMN: Enter the amount to be claimed as match for the reporting
period. This needs to be shown under specific budget categories according to what is in the currently approved
Attachment A,Project Work Plan. Enter the total on the"TOTAL AMOUNT" line for this column. Enter the match
budget amount on the"GRANT BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this
and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column.
Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF'from the"GRANT BUDGET AMOUNT"for the
amount to enter on the"REMAINING BUDGET IN GRANT"line. _
"TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category. Put the total of all on the line titled"TOTAL AMOUNT." The final report
should show the total of all claims, first claim through the final claim,etc. DO NOT ENTER ANYTHING IN
THE SHADED AREAS.
GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and
the Grantee's Fiscal Agent as identified in the grant agreement.
DEP Agreement No.CMMHH#,Attachment C,Page 2 of 10
REQUIRED BACK-UP DOCUMENTATION:
Exhibit I-Schedule of Invoices for Reimbursement for each deliverable.
Exhibit II-Schedule of Match for each deliverable.
Copies of Invoices(Not applicable to state agencies)
Copies of canceled checks(Not applicable to state agencies)
Copies of Travel Reimbursements if applicable
FLAIR Report(State agencies only)
Copies of Volunteer Logs(if applicable)
NOTE: If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel
reimbursement form(available from staff of the Florida Coastal Management Program or use your
affiliation's reimbursement form,provided it has been approved by the Florida Department of Financial
Services).
** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables
must be submitted and approved prior to payment**
If you have any questions please do not hesitate to contact Dornecia Allen at(850)245-2180.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM###,Attachment C,Page 3 of 10
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
INSTRUCTIONS FOR COMPLETING
EXHIBIT-I
SCHEDULE OF INVOICES FOR REIMBURSEMENT
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM
PROJECT TITLE: Enter the Title shown on the first page of the grant agreement.
PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period.
DELIVERABLE NO.: Enter the number of the deliverable that you are requesting payment for.
DELIVERABLE AMOUNT REQUESTED: This is the total amount of expenses from all approved budget
categories for the deliverable.
Salaries: Provide an itemized listing of expenditures for Salaries if applicable. Include the invoice number, invoice
date,description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check
number/voucher number,check amount/transaction number,and amount claimed.
Fringe Benefits: Provide an itemized listing of expenditures for Fringe Benefits if applicable. Include the invoice
number, invoice date,description of the goods or services purchased,vendor name, invoice amount,date of the
transaction,check number/voucher number,check amount/transaction number,and amount claimed.
Travel: Provide an itemized listing of expenditures for Travel if applicable. Include the invoice number,invoice
date,description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check
number/voucher number,check amount/transaction number,and amount claimed.
Equipment: Provide an itemized listing of expenditures for Equipment if applicable. Include the invoice number,
invoice date,description of the goods or services purchased,vendor name, invoice amount,date of the transaction,
check number/voucher number,check amount/transaction number,and amount claimed.
Supplies: Provide an itemized listing of expenditures for Supplies if applicable. Include the invoice number,
invoice date, description of the goods or services purchased,vendor name, invoice amount,date of the transaction,
check number/voucher number,check amount/transaction number,and amount claimed.
Contractual Services: Provide an itemized listing of expenditures for Contractual Services if applicable. Include
the invoice number, invoice date,description of the goods or services purchased,vendor name, invoice amount,date
of the transaction,check number/voucher number,check amount/transaction number,and amount claimed.
Other Expenses: Provide an itemized listing of expenditures for Other Expenses if applicable. Include the invoice
number, invoice date,description of the goods or services purchased,vendor name, invoice amount,date of the
transaction,check number/voucher number,check amount/transaction number,and amount claimed.
Indirect Charges: Provide the amount of the indirect to be charged to this Deliverable. Provide percentage or rate
used for calculation.
A SCHEDULE OF INVOICES FORM IS REQUIRED FOR EACH DELIVERABLE.
**PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted
and approved prior to payment
DEP Agreement No.CM###,Attachment C,Page 6 of 10
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
INSTRUCTIONS FOR COMPLETING
EXHIBIT-II
SCHEDULE OF MATCH
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM
PROJECT TITLE: Enter the Title shown on the first page of the grant agreement.
PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period.
DELIVERABLE NO.: Enter the number of the deliverable that you are requesting payment for.
DELIVERABLE MATCH AMOUNT CLAIMED: This is the total amount of match expenses from all approved
budget categories for the deliverable.
Salaries: Provide an itemized listing of match for Salaries if applicable. Include the invoice number, invoice date,
description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check
number/voucher number,check amount/transaction number,and amount claimed.
Fringe Benefits: Provide an itemized listing of match for Fringe Benefits if applicable. Include the invoice
number,invoice date,description of the goods or services purchased,vendor name, invoice amount,date of the
transaction,check number/voucher number,check amount/transaction number,and amount claimed.
Travel: Provide an itemized listing of match for Travel if applicable. Include the invoice number,invoice date,
description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check
number/voucher number,check amount/transaction number,and amount claimed.
Equipment: Provide an itemized listing of match for Equipment if applicable. Include the invoice number, invoice
date,description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check
number/voucher number,check amount/transaction number,and amount claimed.
Supplies: Provide an itemized listing of match for Supplies if applicable. Include the invoice number, invoice date,
description of the goods or services purchased,vendor name, invoice amount,date of the transaction,check
number/voucher number,check amount/transaction number,and amount claimed.
Contractual Services: Provide an itemized listing of match for Contractual Services if applicable. Include the
invoice number, invoice date,description of the goods or services purchased,vendor name, invoice amount,date of
the transaction,check number/voucher number,check amount/transaction number,and amount claimed.
Other Expenses: Provide an itemized listing of match for Other Expenses if applicable. Include the invoice
number, invoice date,description of the goods or services purchased,vendor name,invoice amount,date of the
transaction,check number/voucher number,check amount/transaction number,and amount claimed.
A SCHEDULE OF MATCH FORM IS REQUIRED FOR EACH DELIVERABLE.
**PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted
and approved prior to payment
DEP Agreement No.CNION,Attachment C,Page 9 of 10
ATTACHMENT D
DEP AGREEMENT NO. CM
Project Title
Grantee Name
Final Project Report
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This report funded in part, through a grant agreement from the Florida Department of
Environmental Protection, Florida Coastal Management Program, by a grant provided by the
Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of
1972, as amended, National Oceanic and Atmospheric Administration Award No.
The views, statements, findings, conclusions and recommendations expressed herein are those of
the author(s) and do not necessarily reflect the views of the State of Florida,NOAA or any of
their subagencies.
Month &year
DEP Agreement No.C N0,Attachment D,Page 1 of 4
Final Project Report for CM
Project Title
Executive Summary
Methodolo
DEP Agreement No.CM###,Attachment D,Page 2 of 4
Outcome
Further Recommendations
DEP Agreement No.CM###,Attachment D,Page 3 of 4
INSTRUCTIONS FOR COMPLETING
ATTACHMENT D
FINAL PROJECT REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM...
GRANTEE NAME: Enter the name of the grantee's agency.
PROJECT TITLE: Enter the Title shown on the first page of the grant agreement.
NOAA AWARD NUMBER: Enter the NOAA award number as shown on the first page of the grant agreement.
MONTH&YEAR: Enter month and year of publication.
The Final Project Report must contain the following sections: Executive Summary,Methodology,Outcome and
Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant
Agreement.Please limit final project report to no more than five pages. A draft should be submitted electronically
to the Department's Grant Manager for approval. After approval by the Florida Coastal Management Program,one
hard copy and an electronic copy shall be submitted to the Department's Grant Manager. Final payment will be held
until receipt and approval of the Final Project Report.
Questions regarding completion of the Final Project Report should be directed to Dornecia Allen at(850)245-2161
or Dornecia.Allengdep.state.fl.us.
DEP'Agreement No.CM###,Attachment D,Page 4 of 4
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department", "DEP", 7DEP"or "Grantor", or other name in the contract/agreement)to the recipient
(which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement)may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,F.S.,as
revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit.The recipient further agrees to comply and cooperate with any inspections,reviews, investigations,or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This.part is applicable if the recipient is.a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised.
l. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133,as revised.EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal
year,the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133,as revised.An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as
revised.
3. If the recipient expends less than$500,000 in Federal awards in its fiscal year,an audit conducted in
accordance with the provisions of OMB Circular A-133,as revised, is not required. In the event that the
recipient expends less than$500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must
be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via
the internet at htti)://12.46.245.173/efda/cfda.html.
DEP 55-215(03/09)
DEP Agreement No.CM###,Attachment E,Page 1 of 5
PART IL• STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations),Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources
of state financial assistance, including tate financial assistance received from the Department of
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Environmental Protection,other state'agencies,and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2),Florida Statutes,and Chapters 10.550
(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General.
3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the
recipient expends less than$500,000 in state financial assistance in its fiscal year,and elects to have an
audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit
must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites,the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/,Department of Financial Services' Website at hqp://www:fldfs.com/and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
required by PART I of this Attachment shall be submitted,when required by Section.320(d),OMB
Circular A-133,as revised,by or on behalf of the recipient directly to each of the following:
DEP 55-215(03/09)
DEP Agreement No.CM###,Attachment E,Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number of
copies required by Sections.320(d)(1)and(2),OMB Circular A-133,as revised, should be
submitted to the Federal Audit Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at hi!p://harvester.census.gov/fac
C. Other Federal agencies and pass-through entities in accordance with Sections .320(e)and(f),
OMB Circular A-133,as revised.
2. Pursuant to Section.320(0,OMB Circular A-133,as revised,the recipient shall submit a copy of the
reporting package described in Section.320(c),OMB Circular A-133,as revised,and any management
letters issued by the auditor,to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No.CM###,Attachment E,Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5. Any reports,management letters,or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities)
or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued,and shall allow the Department of Environmental
Protection,or its designee,Chief Financial Officer,or Auditor General access to such records upon request.The
recipient shall,ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee,Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No.CM###,Attachment E,Page 4 of 5
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ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
CERTIFICATION STATEMENT:
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature Date
Print Name and Position Title
DEP Agreement No.CM###,Attachment F,Page 1 of 3
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES,NOT JUST DEP.
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM###,Attachment F,Page 2 of 3
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411:
2. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
3. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
4. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$5005000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine.
5. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2 notice.
6. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie.skeltongdep.state.fl.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM###,Attachment F,Page 3 of 3
Attachment J
Photographer Release Form
Florida Department of Environmental Protection
Photographer:
(Please Print Name)
Address:
City: State: Zip Code:
Phone Number:
(area code+number)
Email:
License and Indemnification I certify that I am the photographer and owner of the photograph(s)being submitted
and am 18 years of age or older.
I hereby grant the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute,publish and use the photograph(s)submitted herewith("the Work")to promote the Florida Department of
Environmental Protection. Uses may include,but are not limited to promotion of the Florida Department of
Environmental Protection, its publications,employees,volunteers,and properties in any way, including on the
Internet, in print publications, as distributed to the media,and in commercial products. The Florida Department of
Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida
Department of Environmental Protection. No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility
whatsoever for protecting the Work against third party infringement of my copyright interest or other intellectual
property rights or other rights I may hold in such Work,and in no way shall be responsible for any losses I may
suffer as a result of any such infringement;and I hereby represent and warrant that the Work does not infringe the
rights of any other individual or entity.
I hereby unconditionally release,hold harmless and indemnify Florida Department of Environmental Protection, its
employees,volunteers,and representatives of and from all claims,liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection's use of the Work. This release and
indemnification shall be binding upon me,and my heirs,executors,administrators and assigns. I have read and
understand the terms of this release.
Photographer Signature: Date:
Photo Filename(s):
Location of photo shoot:
Name of Person Accepting Photographs:
DEP Agreement No.CM###,Attachment J,Page 1 of 2
Model Release Form: PhotoNideo/Audio
This photo release form will be used for all State of Florida—Department of Environmental Protection brochures,
websites,displays,articles,magazines,programs,advertisements or events.
Photo Release for Adults
I,being 18 years or older,hereby consent that the videotapes,photographs and/or motion picture film in which I
appear,and/or audio recordings made of my voice may be used by the Florida Department of Environmental
Protection, its assigns or successors,in whatever way they desire, including television without compensation.
Furthermore,I hereby consent that such photographs,films,negatives and recordings,and the plates and/or tapes
from which they are made shall be their property,and they shall have the right to sell,duplicate,reproduce,and
make other lawful uses of such photographs,films,recordings,places and tapes as they may desire,free and clear of
any claim whatever on my part in perpetuity.
IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida,
this day of ,2
Location:
Signature
Name(Print)
Address
City State Zip
Photo Release for Minors
I being Parent/Guardian of ,hereby consent that the videotapes,photographs and/or
motion picture film for which he/she posed,and/or audio recordings made of his/her voice may be used by the
Florida Department of Environmental Protection, its assigns or successors, in whatever way they desire,including
television without compensation. Furthermore,I hereby consent that such photographs, films,negatives,and
recordings and the plates and/or tapes or other medium from which they are made shall be their property,and they
shall have the right to sell,duplicate,reproduce and make other uses of such photographs,films,recordings,plates,
and tapes as they may desire free and clear of any claim whatsoever on my part or my child's part,or by anyone
who may claim by or through my child in perpetuity.
IN WITNESS WHEREOF I have hereunto set my hand,in the State of Florida,
this day of ,2
Signature of parent or guardian
Name of child(print)
Name of parent or guardian(print)
Address.
City State Zip
DEP Agreement No.CM###,Attachment J,Page 2 of 2
ATTACHMENT K
Contract Provisions
All contracts awarded by a recipient, including small purchases,shall contain the following provisions as applicable:
1. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with
Executive Order(E.O.) 11246, "Equal Employment Opportunity,"as amended by E.O. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity,"and as supplemented by regulations at
41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,
Department of Labor.
2. Copeland "Anti-Kickback" Act(18 U.S.C.874 and 40 U.S.C.276c)-All contracts and subgrants in excess
of$2000 for construction or repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti-Kickback"Act(18 U.S.C. 874),as supplemented by Department of
Labor regulations(29 CFR part 3, "Contractors and Sub-contractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient shall be 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 is
otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding
agency.
3. . Davis-Bacon Act,as amended(40 U.S.C.276a to a-7)-When required by Federal program legislation,all
construction contracts awarded by the recipients and subrecipients of more than$2000 shall include a
provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by
Department of Labor regulations(29 CFR part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction").Under this Act,contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition,contractors shall be required to pay wages not less
than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance
of the wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Flours and Safety Standards Act(40 U.S.C.327-333)-Where applicable,all contracts
awarded by recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts
that involve the employment of mechanics or laborers shall include a provision for compliance with Sections
102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333),as supplemented by
Department of Labor regulations(29 CFR part 5).Under Section 102 of the Act,each contractor shall be
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 1 `/z times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall
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.
5. Rights to Inventions Made Under a Contract or Agreement-Contracts or agreements for the performance
of experimental,developmental,or research work shall provide for the rights of the Federal Government and
the recipient in any resulting invention in accordance with 37 CFR 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.
6. Clean Air Act(42 U.S.C.7401 et seq.)and the Federal Water Pollution Control Act,as amended(33
U.S.C. 1251 et seq.)-Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that
requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to
the Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act as amended(33
U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency(EPA).
DEP Agreement No.CM231,Attachment K,Page 1 of 4
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7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of
$100,000 or more shall file the required certification.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 shall 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 recipient.
8. Governmentwide Debarment and Suspension(NonProcurement)—Recipients shall comply with the
provisions of Subpart C of 2 CFR Part 1326,"Governmentwide Debarment and Suspension
(Nonprocurement),"published in the Federal Register on December 21,2006,71 FR 76573,which generally
prohibit entities that have been debarred,suspended,or voluntarily excluded from participating in Federal
nonprocurement transactions either through primary or lower tier covered transactions.
9. Section 508 of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section
1424(e)of the Safe Drinking Water Act(42 U.S.C.300h-3(e))-Contracts and subgrants of amounts in
excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable
standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act,as
amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act(42 U.S.C.300h-3(e)).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency(EPA).
10. Compliance with all Federal statutes relating to nondiscrimination-These include but are not limited to:
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352),which prohibits discrimination on the basis of sex;
(b)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 795),which prohibits discrimination
on the basis of handicaps;(c)the Americans with Disabilities Act of 1990(42 USC 12101 et. seq.)prohibiting
discrimination on the basis of disability under programs,activities and services provided or made available by
state and local governments or instrumentalities or agencies thereto,as well as public or private entities that
provide public transportation,(d)the Age Discrimination Act of 1975,as amended(42 U.S.C.6101-6107),
which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255),as amended,relating to non-discrimination on the basis of drug abuse;(f)the Comprehensive
Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as
amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g)Sections 523 and 527
of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to
confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42
U.S.C. 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)
EO 13166(68 FR 14180)to Federal financial assistance recipients on the Title VI prohibition against national
origin discrimination affecting Limited English Proficient(LEP)persons,0)Title VII of the Civil Rights Act
of 1964,42 U.S.C.which prohibits discrimination on the basis of religion,a religious corporation,association,
educational institution or society,any other nondiscrimination provisions in the specific statute(s)made;(k)
Title IX of the Education Amendments of 1972(20 USC 1681 et. seq.)prohibiting discrimination on the basis
of sex under Federally assisted education programs or activities;(1)compliance with Parts 1I and III of EO
11246(30 FR 12319, 1965),as amended by EO 11375(32 FR 14303, 1967)and 12086(43 FR 46501, 1978),
require Federally assisted construction contracts to include the nondiscrimination provisions of sections 202
and 203 of that EO and Department of Labor regulations implementing EO 11246(41 CFR 60-1.4(b), 1991),
and the requirements of any other nondiscrimination statute(s)that may apply.
11. Drug Free Workplace The recipient shall comply with the provisions of the Drug-Free Workplace Act of
1988(Public Law 100-690,Title V, Sec. 5153,as amended by Public Law 105-85,Div. A,Title VIII, Sec.
809,as codified at 41 U.S.C. §702)and DoC Implementing regulations published at 15 CFR Part 29,
"Governmentwide Requirements for Drug-Free Workplace(Financial Assistance)"published in the Federal
Register on November 26,2003,68 FR 66534),which require that the recipient take steps to provide a drug-
free workplace.
12. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(P.L.91-646)that provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
DEP Agreement No.CM231,Attachment K,Page 2 of 4
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13. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501-1508 and 7324—7328)that limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
14. Floodplain Management,EO 11988 and,Protection of Wetlands,EO 11990,May 24, 1977 Recipients
must identify proposed actions in Federally defined floodplains and wetlands to enable the agency to make a
determination whether there is an alternative to minimize any potential harm.
15. Compliance,if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood
Disaster Protection Act of 1973(P.L.93-234)that requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is$10,000 or more.
16. Compliance with environmental standards which may be prescribed to the following: (a)institution of
environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)
and Executive Order 11514;(b)notification of violating facilities pursuant to E.O. 11738;(c)protection of
wetlands pursuant to E.O. 11990;(d)evaluation of flood hazards in floodplains in accordance with E.O.
11988;(e)assurance of project consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972(16 U.S.C. 1451 et seq.);(f)conformity with Federal actions to
State(Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42
U.S.C. 7401 et seq.);(g)protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974,as amended(P.L.93-523);(h)protection of endangered species under the Endangered Species
Act of 1973,as amended(P.L.93-205),(i)restrictions for actions within a Coastal Barrier Island under the
Coastal Barrier Island Resources Act(16 U.S.C. 3501 et seq.),0)The Resource Conservation and Recovery
Act of 1976,as amended(42 U.S.C.6901 et seq.)which regulates the generation,transportation,treatment
and disposal of hazardous wastes,(k)The Comprehensive Environmental Response,Compensation,and
Liability Act of 1980,as amended,and the Superfund Amendments and Reauthorization Act of 1986,and the
Community Environmental Response Facilitation Act of 1992,as amended,(42 U.S.C. 9601 et seq.),and(1)
The Environmental Justice in Minority Populations and Low Income Populations,EO 12898,February 11,
1994,which identifies and addresses adverse human health or environmental effects of programs,policies and
activities on low income and minority populations.
17. Clean Air Act,Clean Water Act,and EO 11738 Recipients must comply with the provisions of the Clean
Air Act(42 U.S.C. §§7401 et seq.),Clean Water Act(33 U.S.C. §§1251 et sea.),and EO 11738,and shall not
use a facility on EPA's List of Violating Facilities in performing any award that is nonexempt under 40 CFR
§15.5,and shall notify the Program Officer in writing if it intends to use a facility that is on the EPA List of 1
Violating Facilities or knows that the facility has been recommended to be placed on the list.
18. Compliance with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1271 et seq.)related to protecting
components or potential components of the national wild and scenic rivers system.
19. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C.
470)9 E.O. 11593(identification and protection of historic properties),and the Archaeological and
Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
20. Compliance with 15 CFR Part 27 regarding the protection of human subjects involved in research,
development,and related activities supported by this award of assistance.
21. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal Welfare
Act of 1966(P.L. 89-544,as amended,7 U.S.C. 2131 et seq.)pertaining to the acquisition,care,handling,and
use in projects,and implementing regulations,9 CFR Parts 1,2 and 3;the Endangered Species Act(16 U.S.C.
1531 et seq);Marine Mammal Protection Act(16 U.S.C. 1361 et seq.)taking possession,transport,purchase,
sale,export or import of wildlife and plants,The Nonindigenous Aquatic Nuisance Prevention and Control
Act(16 U.S.C.4701 et seq.)ensure preventive measures are taken or that probable harm of using species in
minimal if there is an escape or release,and all other applicable statutes pertaining to the care,handling,and
treatment of warm blooded animals held for research,teaching,or other activities supported by Federal
financial assistance. No research involving vertebrate animals is permitted under any U.S.Department of
Commerce financial assistance award unless authorized by the Grants Officer.
22. Criminal and Prohibited Activities—Recipients must comply with the Program Fraud Civil Remedies Act
(31 U.S.C., §§3801-3812),which provides for the imposition of civil penalties against persons who make
DEP Agreement No.CM231,Attachment K,Page 3 of 4
false, fictitious,or fraudulent claims to the Federal government for money(including money representing
grants, loans or other benefits).
23. Foreign Travel—Recipients shall comply with the provisions of the Fly America Act(49 USC, §40118).
The implementing regulations of the Fly America Act are found at 41 CFR§§301-10.131 through 301-10.143.
24. American Made Equipment and Products—Recipients are hereby notified that they are encouraged,to the
greatest extent practicable,to purchase American-made equipment and products with funding provided under
this Agreement.
25. Preservation of Open Competition and Government Neutrality Towards Government Contractors'
Labor Relations on Federal and Federally Funded Construction Projects—Recipients must comply with
EO 13202,unless project is exempted under section 50 of the order,bid specifications,project agreements,or
other controlling documents for construction contracts awarded under this Agreement.
26. Minority Serving Institutions(MSIs)Initiative—Pursuant to Eos 13256, 13230 and 13270,the Recipient is
strongly encouraged to include meaningful participation of MSIs. Institutions eligible to be considered MSIs
are listed on the Department of Education website.
27. Research Misconduct—Scientific or research misconduct refers to the fabrication,falsification,or plagiarism
in proposing,performing,or reviewing research,or in reporting research results. Funds expended on an
activity that is determined to be invalid or unreliable because of scientific misconduct may result in
disallowance of costs for which the institution may be liable for repayment to the awarding agency.
28. Compliance with Department of Commerce Bureau of Industry and Security Export Administration
Regulations—The Recipient shall comply with the Export Administration Regulations(EAR)(15 CFR 730-
774)and the International Traffic In Arms Regulations(ITAR)(22 CFR 120-130)implemented by the
Department of State,respectively. This includes,but is not limited to,dual-use items,defense articles and any
related assistance,services,software or technical data as defined in the EAR and ITAR. The Recipient shall
include this clause in all lower tier transactions under this Agreement that may involve access to export-
controlled information technology.
29. Trafficking Victim Protection Act of 2000,the following Prohibition Statement must be included in any
award of these-funds to a private entity. "You as the recipient,your employees, subrecipients under this
Agreement,and subrecipient's employees may not engage in severe forms of trafficking in persons during the
period of time that this Agreement is in effect;procure a commercial sex act during the period of time that this
Agreement is in effect;or use forced labor in the performance of this Agreement or subawards under this
Agreement.
30. Self-Contained Underwater Breathing Apparatus(SCUBA)—For any funds used for SCUBA diving, it is
the responsibility of the Grantee to ensure that SCUBA divers are certified to a level commensurate with the
type and conditions of the diving activity being undertaken. Furthermore, it is the responsibility of the
Grantee to ensure that any SCUBA diving activities using the funds under this Agreement meet,at a
minimum,all applicable Federal, State,and local laws and regulations pertaining to the type of SCUBA
diving being undertaken.
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DEP Agreement No.CM231,Attachment K,Page 4 of 4
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ATTACHMENT L
REGULATIONS
Formal regulations concerning administrative procedures for U.S. Department of Commerce(DOC)
grants appear in Title 15 of the Code of Federal Regulations. Other DOC regulations also impact grant
programs. The following list contains regulations and Office of Management and Budget Circulars which
may.apply to the work performed under this Agreement.
Subchapter A--General
15 CFR 8 Nondiscrimination in federally assisted programs of the DOC
15 CFR 11 Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs
15 CFR 13 Intergovernmental review of DOC programs and activities
Subchapter B -Grants and Other Federal Assistance
15 CFR 14 Uniform administrative requirements for grants and agreements with institutions of
higher education,hospitals and other nonprofit organizations
15 CFR 24 Uniform administrative requirements for grants and agreements to state and local
governments.
15 CFR 28 New restrictions on lobbying
15 CFR 29 Drug-Free Workplace Act
Other Federal Regulations
2 CFR 1326 Non procurement Suspension and Debarment
48 CFR. 31 Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87(2 CFR 225) Cost Principles for State, Local,and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-133 Audit of States,Local Governments and Non-Profit Organizations
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DEP Agreement No.CM231,Attachment L,Page 1 of 1