DEP Grant Agreement No. CM516 c2013--.2(1002.,
DEP AGREEMENT NO.CM516
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
GRANT AGREEMENT
PURSUANT TO THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD
THIS 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")and the CITY OF MIAMI BEACH , whose address is 1700 Convention Center
Drive, Miami Beach, Florida 33139(hereinafter the"Grantee"), a local government to provide federal funding for the
INDIAN CREEK PARK SHORELINE STABILIZATION & PROTECTION, pursuant to Section 215.971, Florida
Statutes(F.S.). Collectively,the Department and the Grantee may be referred to as"Parties"or individually as a"Party".
WHEREAS, the Department is authorized to administer funds pursuant to the Coastal Zone Management Act
(hereinafter the"Act"), in accordance with §380.22, F.S.; and,
WHEREAS, the Department is the recipient of federal financial assistance from the National Oceanic and
Atmospheric Administration (NOAA), awarded on July 1, 2014, pursuant to Cooperative Agreement Award No.
NA14NOS4190053, for projects and activities that promote the protection and management of coastal resources in the
State of Florida;and,
WHEREAS, pursuant to §380.22, F.S., and all rules adopted thereunder,as recommended by the Department's
Florida Coastal Management Program (FCMP) and as approved by the NOAA process as appropriate, the Grantee is a
subrecipient of federal financial assistance from NOAA. Thus, the parties are responsible for complying with the
appropriate federal guidelines in the performance of project activities pursuant to this Agreement.
NOW,THEREFORE, in consideration of the premises and mutual benefits to be derived under this Agreement,
and pursuant to the Act and all rules adopted thereunder,the parties do hereby agree as follows:
1. TERMS OF AGREEMENT:
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 "Grantee" and "Recipient" are used
interchangeably.The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,
state or local permit will be issued for a particular activity.Further,the Grantee agrees to ensure that all necessary
permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal,
state or local laws.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and end no later than June 30,2017, inclusive. The
Grantee shall be eligible for reimbursement for work performed on or after July 1,2016.This Agreement may
be amended to provide for additional services if additional funding is made available by NOAA and/or the
Florida Legislature. Pursuant to Section 306A of the Act, the Grantee shall be eligible for reimbursement for
work performed on or after the Section 306A Project Checklist approval date.No work may commence and no
funds may be expended on any Section 306A funded project until the FCMP and NOAA have approved the
Section 306A Project Checklist, available online at: https://coast.noaa.gov/czm/media/checklist306a.pdf and
hereby incorporated by reference.
DEP Agreement No. CM516,Page 1 of 19
3. FUNDING/CONSIDERATION/INVOICING:
A. As consideration for the satisfactory completion of 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 $30,000.00 for all eligible project costs, upon the completion, submittal, and approval of the
deliverables identified in Attachment A, Project Work Plan.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
$30,000.00 in cash, in-kind, or third party in-kind,towards the work funded under this Agreement. It is
understood that any additional funds necessary for the completion of this project are the responsibility
of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds between
approved budget categories, as defined in Attachment A, are less than ten percent(10%) of
the total budget as last approved by the Department. All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following:an increase or decrease in the Agreement funding amount,a change in the Grantee's
match requirements, a change in the expiration date of the Agreement, and/or changes to the
cumulative amount of funding transfers between approved budget categories, as defined in
Attachment A,exceeds or is expected to exceed ten percent(10%)of the total budget as last
approved by the Department. All Amendments are subject to the mutual agreement of both
parties as evidenced in writing.
C. i. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs
upon the completion,submittal,and approval of each Deliverable identified in Attachment A.
Reimbursement shall be requested utilizing Attachment B, Payment Request Form,no later
than fifteen (15) days following acceptance of the completed, submitted Deliverables by the
Department. In addition to the Payment Request Form,the Grantee must provide a completed
Exhibit I to Attachment B, Schedule of Invoices for Reimbursement; Exhibit II to
Attachment B,Schedule of Match;copies of cancelled checks; copies of invoices;copies of
Travel Reimbursements;FLAIR Report or other comparable accounting reports, if applicable;
and copies of Volunteer Logs, if applicable. To be eligible for reimbursement, costs must be
in compliance with laws, rules and regulations applicable to expenditures of State funds,
including, but not limited to, the Reference Guide for State Expenditures available at
http://www.myfloridacfo.com/aadir/reference guide/. All invoices 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,
F.S. Failure to provide any required reports, deliverables, or documentation shall result in a
delay in processing the payment until the appropriate information is provided to the
Department. A final payment request must be submitted to the Department no later than
August 15,2017,to assure the availability of funds for payment. All work performed pursuant
'to Attachment A must be performed on or before the completion date of the Agreement, and
the subsequent period of time merely allows the Grantee to finalize invoices and backup
documentation to support the final payment request. If applicable, 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. All cost sharing and/or match shall meet
the federal requirements established in 2 CFR §200.306. 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.
DEP Agreement No. CM516,Page 2 of 19
ii. Projects receiving federal funding must comply with the National Environmental Policy Act
(NEPA),which provides a framework for environmental analyses,reviews,and consultations.
NEPA's project "umbrella" covers a project's compliance with all pertinent federal
environmental laws. No work may commence for the Section 306A funded project activities
under Attachment A,Tasks 1 &2, until FCMP and NOAA receive approval from the NEPA
Environmental Compliance Review. Additionally, Attachment A, Tasks 1 & 2, associated
costs in the amount of$30,000.00 shall not be eligible for reimbursement until authorized by
the NEPA Environmental Compliance approval.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost
reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in
Attachment C,Contract Payment Requirements. The Payment Request Form shall be accompanied
by supporting documentation and other requirements as follows for each deliverable. Reimbursement
and/or allowable match shall be limited to the following budget categories:
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must
be substantiated by copies of invoices with backup documentation identical to that required
from the Grantee. Additionally,the Grantee may document these expenditures for meeting its
match requirements. The Grantee will not be reimbursed for contractual expenses under the
terms and conditions of this Agreement. However, the Grantee may document these
expenditures for meeting its match requirements. Subcontracts, which involve equipment
purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure
improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No. 5
(2011-2012),should be capitalized in accordance with Chapter 691-72, Florida Administrative
Code(F.A.C.). The Grantee shall be responsible for maintaining appropriate property records
for any subcontracts that include the purchase of equipment as part of the delivery of services.
The Grantee shall comply with this requirement and ensure its subcontracts issued under this
Agreement, if any, impose this requirement, in writing,on its subcontractors.
For fixed-price(vendor)subcontracts,the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed-price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed-price subcontracted activities shall
be supported with a copy of the subcontractor's invoice and a copy of the tabulation
form for the competitive procurement process(i.e., Invitation to Bid or Request for
Proposals)resulting in the fixed-price subcontract.
b. The Grantee may request approval from the Department to award a fixed-price
subcontract resulting from procurement methods other than those identified in the
paragraph above. In this instance, the Grantee shall request the advance written
approval from the Department's Grant Manager of the fixed price negotiated by the
Grantee. The letter of request shall be supported by a detailed budget and Scope
of Services to be performed by the subcontractor. Upon receipt of the Department
Grant Manager's approval of the fixed-price amount, the Grantee may proceed in
finalizing the fixed-price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
ii. Miscellaneous/Other Expenses —For example, materials, supplies, non-excluded phone
expenses, reproduction, mailing, and other expenses must be documented by itemizing and
including copies of receipts or invoices. The Grantee may also document these expenditures
DEP Agreement No. CM516,Page 3 of 19
for meeting its match requirements. Additionally, independent of the Grantee's contract
obligations to its subcontractor, the Department shall not reimburse or allow as match any of
the following types of charges: cell phone usage, attorney's fees, civil or administrative
penalties, or handling fees, such as set percent overages associated with purchasing supplies
or equipment.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines),as appropriate.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;allowable costs for Federal Programs,awarded prior
to December 26, 2014, can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at
http://www.ecfr.gov 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-I 10 (2 CFR 215) at
http://www.whitehouse.gov/omb/circulars/index.html#numerical; for all Federal Programs awarded
after December 26,2014, allowable costs and uniform administrative requirements can be found under
2 CFR 200 and 2 CFR 1300, at http://www.ecfr.gov.
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.
For Federal Awards made PRIOR to December 26,2014
Organization Type Applicable Cost Principles
State, local or Indian tribal government. OMB Circular A-87(2 CFR 225)
Private non-profit organization other than an (I) 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 and Procedures, or uniform cost
to that circular. accounting standards that comply with
cost principles acceptable to the federal
agency.
For Federal Awards made AFTER December 26,2014
Organization Type_ Applicable Cost Principles
State, local or Indian tribal government. 2 CFR Part 200 Uniform Administrative
Requirements,Costs, Principals and Audit
Requirements for Federal Awards
Private non-profit organization other than an (1) 2 CFR Part 200 Uniform Administrative
institution of higher education, (2) hospital, or (3) Requirements,Costs,Principals and Audit
organization named in 2 CFR Part 200, Appendix Requirements for Federal Awards
VIII.
Education Institutions 2 CFR Part 200 Uniform Administrative
Requirements,Costs,Principals and Audit
Requirements for Federal Awards
For-profit organization other than a (I) hospital or 48 CFR Part 31, Contract Cost Principles
(2)education institute. and Procedures
DEP Agreement No. CM516, Page 4 of 19
G. i. The accounting systems for all Grantees must ensure that funds provided under this Agreement
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.
ii. 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.
iii. 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. 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
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.
4. ANNUAL APPROPRIATON:
•
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the availability of federal funding and grants from NOAA. The parties
hereto understand that this Agreement is not a commitment of future appropriations. Authorization for
continuation and completion of work and payment associated therewith may be rescinded with proper notice at
the discretion of the Department if Legislative appropriations are reduced or eliminated.
5. REPORTS:
A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed
during the reporting period,problems encountered,problem resolution,schedule updates and proposed
work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant
Manager no later than five(5)calendar days following the completion of the quarterly reporting period.
It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar
quarters ending March 31,June 30, September 30 and December 31. Failure to provide the Quarterly
Progress Report shall result in a delay in processing any payment request until the appropriate
information is provided to the Department.
B. The Grantee shall also submit a Final Project Report utilizing Attachment E, Final Project Report
Form, attached hereto and made a part hereof, along with the final quarterly progress report. A draft
DEP Agreement No. CM5I6,Page 5 of 19
of the Final Project Report shall be submitted electronically to the Department's FCMP Grant Manager
for approval. After approval by the FCMP, one(I)hard copy and one(1)electronic copy of the Final
Project Report shall be submitted to the Department's FCMP Grant Manager. Final payment will be
held until receipt and approval of the Final Project Report.
C. If the purchase of equipment is authorized under paragraph 20 of this Agreement,then the Grantee shall
comply with the property management requirements set forth in 2 CFR §200.313. An inventory of all
personal property/equipment purchased under this Agreement shall be completed at least once every
two(2)years and submitted to the Department's Grant Manager no later than January 3151 for each year
this Agreement is in effect.
6. RETAINAGE:
Retainage is not required under this Agreement.
7. INDEMNIFICATION:
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. Further,nothing herein shall be construed as consent by a state agency
or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this
Agreement.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made by
Grantee in this Agreement or in its application for funding shall at any time be false or misleading in
any respect, or 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 consult with the Department
regarding the reason(s) for termination.
B. 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' prior 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 for convenience by providing the Grantee with thirty
(30) calendar days' written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement
is terminated before performance is completed, the Grantee shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of
the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within
seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated length and
cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended
timetable for implementation of such measures. If the parties agree that the delay or anticipated delay
was caused,or will be caused by a force majeure,the Department may,at its discretion,extend the time
for performance under this Agreement for a period of time equal to the delay resulting from the force
majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by
letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall
be an act of God,strike, lockout,or other industrial disturbance,act of the public enemy,war,blockade,
public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals
through no fault of the Grantee,and any other cause,whether of the kind specifically enumerated herein
•
DEP Agreement No. CM516, Page 6 of 19
or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The
Grantee is responsible for the performance of all services issued under this Agreement. Failure to
perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event.
E. 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 5 of this Agreement. Quarterly Progress Reports received by the
Department after the 5`11 calendar day following the completion of any quarterly reporting period will
be considered late-filed and render the Grantee in default under the terms of this Agreement.
9. REMEDIES/FINANCIAL CONSEQUENCES:
A. • No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed
unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a
satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified
of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified
timeframe,the Department may, in its sole discretion, either: 1)terminate this Agreement for failure to
perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance under
this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Department. All CAPs must be able to be implemented and performed in no more than sixty (60)
days.
i. A CAP shall be submitted within ten (10)calendar days of the date of the letter request from
the Department. The CAP shall be sent to the Department Grant Manager for review and
approval. Within ten (10)calendar days of receipt of a CAP, the Department shall notify the
Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,
the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting
the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of
a CAP as specified above shall result in the Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten
(10) calendar days to commence implementation of the accepted plan. Acceptance of the
proposed CAP by the Department does not relieve the Grantee of any of its obligations under
the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by
Grantee, the Department shall retain the right to require additional or further remedial steps,
or to terminate this Agreement for failure to perform. No actions approved by the Department
or steps taken by the Grantee shall preclude the Department from subsequently asserting any
deficiencies in performance. The Grantee shall continue to implement the CAP until all
deficiencies are corrected. Reports on the progress of the CAP will be made to the Department
as requested by the Department Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above,as permitted by the Agreement.
B. 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) program for two (2)
consecutive funding cycles. The Department shall make its determination of ineligibility within
thirty(30)days of the Agreement end date and notify the Grantee in writing if determined ineligible.
DEP Agreement No. CM516,Page 7 of 19
C. 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:
Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
ii. 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.
iii. Wholly or partly suspend or terminate this Agreement.
iv. Withhold further awards for the project or program.
v. Take other remedies that may be legally available.
vi. 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:
a. 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 not cancellable;and,
b. The cost would be allowable if the Agreement were not suspended or expired
normally at the end of the funding period in which the termination takes place.
The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689.
D. The Department shall have the right to demand a refund, either in whole or part,of the funds provided
to the Grantee for noncompliance with the terms of this Agreement.
' 10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with United States generally accepted accounting principles (US GAAP)
consistently applied. The Inspector General of the U.S. Department of Commerce, 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 Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation,audit,inspection,review,or hearing. The Grantee
will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this
requirement, in writing,on its subcontractors.
DEP Agreement No. CM516, Page 8 of 19
E. The rights of access in this paragraph are not limited to the required retention period but last as long as
the records are retained.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph,the Grantee shall comply with the applicable
provisions contained in Attachment F,Special Audit Requirements,attached hereto and made a part
hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment F. A revised copy
of Exhibit 1 must be provided to the Grantee for each amendment which 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 listed in paragraph 17 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 F, Exhibit 1
when making its determination. For federal financial assistance,the Grantee shall utilize the guidance
provided under 2 CFR §200.330 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 number
DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website:
https:\\apps.fldfs.com\fsaa
C. 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.
12. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3.D. of
this Agreement,and except for those sub-grants or sub-contracts referenced in paragraph 12.C.,which
require prior approval.The Grantee shall submit a copy of the executed subcontract to the Department
within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately
responsible for all work performed under this Agreement. 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 and that the Grantee shall be solely liable to the subcontractor
for all expenses and liabilities incurred under the subcontract.
B. The Grantee agrees to comply with the procurement requirements contained in 2 CFR§200.317 through
2 CFR§200.326 for its selection of subcontractors.
C. The Grantee and/or the subcontractor shall not sub-grant or sub-contract any part of the approved project
to any agency or employee of Department of Commerce and/or other Federal department, agency, or
instrumentality without the Department's prior written approval.
D. 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.
DEP Agreement No. CM516, Page 9 of 19
E. In accordance with 2 CFR§200.321,the Grantee must take all necessary affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus areas firms are used when
possible. The U.S. Department of Commerce (DOC) encourages non-federal entities to utilize small
businesses,minority business enterprises and women's business enterprises in contracts under financial
assistance awards. The Minority Business Development Agency(MBDA) within the DOC will assist
non-Federal entities in matching qualified minority business enterprises with contract opportunities.
For further information visit MBDA's website at http://www.mbda.gov
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50
percent or more of the cost will be paid from state-appropriated funds which have been appropriated at
the time of the competitive solicitation, a state college, county, municipality, school district, or other
political subdivision of the state may not use a local ordinance or regulation that provides a preference
based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;
or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local
jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the solicitation
document that any applicable local ordinance or regulation does not include any preference that is
prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
The Grantee agrees to comply with and include in subcontracts and subgrants,the following provisions:
A. The Lobbying Disclosure Act of 1995,as amended(2 U.S.C. §1601 et seq.),prohibits any organization
described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an
award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not
engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or
subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan
programs or to contracts awarded using proper procurement procedures.
B. The Grantee certifies that no Federal appropriated funds have been paid or will be paid,by or on behalf
of the Grantee, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative
agreement.
C. The Grantee certifies that no funds provided under this Agreement have been used or will be used to
engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
D. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Grantee is hereby prohibited from using funds
provided by this Agreement for membership dues to any entity or organization engaged in lobbying
activities.
DEP Agreement No. CM516, Page 10 of 19
E. If this Agreement is for more than $100,000, and if any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency,,a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement,the Grantee shall complete and submit Attachment G,Standard Form-LLL,"Disclosure
Form to Report Lobbying"(attached hereto and made a part hereof, if applicable), in accordance with
the instructions. If this Agreement is for$100,000 or less,then Attachment G shall not be required and
shall be intentionally excluded from this Agreement.
F. 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 State of Florida Legislature,the judicial branch or a
state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries,
travel expenses,and per diem,appropriated to,or otherwise available for use by,any executive,judicial,
or quasi-judicial department shall be used by any state employee or other person for lobbying purposes.
15. COMPLIANCE WITH LAW:
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, but is not limited to, 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.
16. NOTICE:
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail,a courier
delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic
mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is
acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at
the addresses identified under paragraph 17.
17. CONTACTS:
A. The Department's FCMP Grant Manager (who may also be referred to as the Department's FCMP
Project Manager)at the time of execution for this Agreement is identified below:
Toni R.Clanton, FCCM
Department of Environmental Protection
Florida Coastal Office(FCO)
Florida Coastal Management Program
3900 Commonwealth Boulevard, Mail Station#235
Tallahassee, Florida 32399-3000
Telephone No.: (850)245-2184
Fax No.: N/A
E-mail Address: Toni.R.Clanton @dep.state.fl.us
B. The Grantee's Grant Manager(who may also referred to as the Grantee's Project Manager or Point
of Contact)at the time of execution for this Agreement is identified below:
Judy Hoanshelt
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone No.: (305)673-7510
Fax No.: (786)394-4675
E-mail Address: JudyHoanshelt @miamibeachfl.gov
DEP Agreement No. CM516, Page 11 of 19
C. The Grantee's Fiscal Agent at the time of execution for this Agreement is identified below:
Krystal Dobbins
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone No.: (305)673-7000 ext. 6433
Fax No.: (305)786-3944
E-mail Address: KrystalDobbins @miamibeachfl.gov
In the event that any of the contact names or contact information listed above changes, written notice by
electronic mail with acknowledgement by the other parties will be acceptable.Any subsequent Change Order or
Amendment pursuant to paragraph 3.B should include the updated contact name(s)and/or information.
18. INSURANCE:
A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub-grantee, or
Grantee's contractors. Such insurance shall include the State of Florida,the Department, and the State
of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the
entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation of
all required coverage to the Department's Grant Manager prior to performance of any work pursuant
to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do
business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision
that the insurance will not be canceled for any reason except after thirty (30) calendar days' written
notice(with the exception of non-payment of premium,which requires a 10-calendar-day notice)to the
Department's Grant Manager. If the Grantee is self-funded for any category of insurance, then the
Grantee shall provide documentation that warrants and represents that it is self-funded for said
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 for the entire length of the Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work of
this project. Any 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 proof of adequate insurance satisfactory to the Department, for the
protection of its employees not otherwise protected.
ii. Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, for all claims which may arise from
the services and/or operations under this Agreement, whether such services and/or operations
are by the Grantee or any of its contractors.The minimum limits of liability shall be as follows:
DEP Agreement No. CM516, Page 12 of 19
$300,000 Automobile Liability Combined Single Limit for Company-Owned
Vehicles, if applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including but
not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft insurance,
with limits of not less than$300,000 each. Questions concerning required coverage should be
directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/Iscontac.htm) or
to the parties' insurance carrier.
19. 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 under this Agreement.
20. EQUIPMENT:
Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under the
terms and conditions of this Agreement. Attachment H, Equipment/Property Reporting Summary or
Property Reporting Form is not applicable and shall be intentionally excluded.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e)of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be
responsible for including this provision in all subcontracts with private organizations issued as a result of this
Agreement.
22. QUALITY ASSURANCE: Not applicable
A Quality Assurance Plan is not required under this Agreement.
23. A DISCRIMINATION PLAN:
A. 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, religion, national origin, age,
gender,or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or
be otherwise subjected to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the State of Florida's discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity,may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact
business with any public entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services, Office
of Supplier Diversity at(850)487-0915.
C. Grantee agrees to comply with the Americans with Disabilities Act(42 U.S.C.§ 12101,et seq.),
where applicable, which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment, public accommodations, transportation, state and local
government services,and in telecommunications.
DEP Agreement No. CM516,Page 13 of 19
•
D. Grantee must identify any products that may be used or adapted for use by visually-, hearing-,
or other physically-impaired individuals.
24. DEBARMENT/SUSPENSION:
In accordance with Presidential Executive Order 12549, Debarment and Suspension(2 CFR 180 and 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. The Grantee shall include the language
of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this
Agreement.
25. 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 and state
government purposes:
A. The copyright in any work developed under a grant or contract under a grant.
B. Any rights or copyright to which a grantee or a contractor purchases ownership with grant support.
C. All patent rights, copyrights and data rights must be in accordance with 2 CFR §200.315 and 37 CFR
Part 401,as applicable.
26. GEOSPATIAL DATA COLLECTION AND SHARING:
A. Environmental data and information collected and/or created under this Agreement will be made visible,
accessible and independently understandable to users, free of charge or at minimal cost, in a timely
manner(typically no later than two(2)years after the data are collected or created),except where limited
by law,regulation, policy or security requirements.
B. The Data/Information Sharing Plan (and any subsequent revisions or updates) will be made publicly
available at the time of award and, thereafter, will be posted with the published data. Environmental
data and information produced under this award and which are made public must be accompanied by
the following statement:
"These environmental data and related items of information have not been formally disseminated by
NOAA and do not represent and should not be construed to represent any agency determination, view,
or policy."
Current Federal Geospatial Data Committee (FGDC) standards can be found at:
http://www.fgdc.gov/metadata/csdgm/. Metadata that conforms to the proposed North American
Profile of the International Organization for Standardization (ISO) 19115, which may be adopted by
the FGDC, is also acceptable.
C. NOAA may, at its own discretion, use information from the Data/Information Sharing Plan to produce
a formal metadata record and include that metadata in a catalogue to indicate the pending availability
of new data. Failing to share environmental data and information in accordance with the submitted
Data/Information Sharing Plan may lead to disallowed costs and be considered by NOAA when making
future award decisions.
DEP Agreement No. CM516, Page 14 of 19
27. 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 FCMP Grant Manager for review and approval. This does not apply to the required
quarterly reports referred to in paragraph 5 of this Agreement.
A. Publications, printed reports (other than the scientific, technical, or professional publications as
identified in paragraph 27.B., below), audiovisuals (including videos, slides, and websites except that
unless required under special terms of this Agreement,this requirement does not apply to audiovisuals
produced as research instruments or for documenting experimentation or findings and which are not
intended for presentation to the general public)or similar materials must include the NOAA, DEP and
FCMP logos (logos, which can be found at the FCMP website at
http://www.dep.state.fl.us/cmp/grants/logos/index.htm or by contacting the Department's FCMP Grant
Manager for a copy)and the following statement on the cover or the 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.NA14NOS4190053.
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, the U.S. Department
of Commerce,or any of their subagencies."
The next printed line shall identify the month and year of the publication.
The Grantee must receive approval in writing from the Department's FCMP 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 FCMP Grant Manager with shooting scripts and provide
two(2)copies of the final audiovisual (e.g., video,slides,etc.)upon completion.
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 27.A.above.
C. Grantees must complete a signed Attachment J, Photographer Release Form and/or Model Release
Form,to be submitted with project photos sent to the Department.
D. 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 3'in size;the colors should complement the surrounding area;and must include
the NOAA, Department and FCMP logos (available online at
http://www.dep.state.fl.us/cmp/grants/logos/index.htm)and the following language:
"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.
E. Acknowledgment Requirement for Interpretive Signs& Banners: Interpretive signs and banners must
include the NOAA, Department and FCMP logos.
DEP Agreement No. CM516,Page 15 of 19
28. CONTRACT PROVISIONS AND REGULATIONS:
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.
29. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
30. PHYSICAL ACCESS AND INSPECTION:
As applicable,Department personnel shall be given access to and may observe and inspect work being performed
under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work,or storing
or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
31. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law,as defined in Section
119.01 1(12),F.S.Grantee shall keep and maintain public records required by the Department to perform
the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request,or to allow inspection and copying of all public records made
or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter
119, F.S.,and Section 24(a),Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section I 19.0701(l)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
i. Pursuant to Section 119.0701, F.S.,a request to inspect or copy public records relating to this
Agreement for services must be made directly to the Department. If the Department does not
possess the requested records, the Department shall immediately notify the Grantee of the
request,and the Grantee must provide the records to the Department or allow the records to be
inspected or copied within a reasonable time. If Grantee fails to provide the public records to
the Department within a reasonable time, the Grantee may be subject to penalties under s.
119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida
Statutes, or as otherwise provided by law.
DEP Agreement No. CM516, Page 16 of 19
iii. Grantee shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the Agreement term and following completion of the Agreement if the
Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement,Grantee shall transfer,at no cost to Department,all public
records in possession of Grantee or keep and maintain public records required by the
Department to perform the services under this Agreement. If the Grantee transfers all public
records to the Department upon completion of the Agreement, the Grantee shall destroy any
duplicate public records that are exempt or confidential and exempt from public disclosure
requirements. If the Grantee keeps and maintains public records upon completion of the
Agreement,the Grantee shall meet all applicable requirements for retaining public records.All
records that are stored electronically must be provided to Department, upon request from the
Department's custodian of public records,in a format that is accessible by and compatible with
the information technology systems of Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245-2118, by email at ombudsman @dep.state.fl.us,
or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and.Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
32. TERMINATION FALSE CERTIFICATION,SCRUTINIZED COMPANIES, BOYCOTTING:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub-
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S.,
the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to
authorize these contracting prohibitions then they shall become inoperative.
33. EXECUTION IN COUNTERPARTS:
This Agreement,and any Amendments or Change Orders thereto,may be executed in two or more counterparts,
each of which together shall be deemed an original, but all of which together shall constitute one and the same
instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a".pdf'
format data file, such signature shall create a valid and binding obligation of the party executing(or on whose
behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page
were an original thereof.
DEP Agreement No. CM516,Page 17 of 19
34. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of
Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon
or in connection herewith shall be brought in Leon County, Florida.
35. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the parties. Any alteration,variations,changes,modification
or waivers of provision 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.CM516, Page 18 of 19
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
1
!B : ,.�t � f yz •
Signatu - .f Person thorized to Sign Secretary or _nee
Jimm L. ; orales Ci Mana•er Rebecca Prado, Deputy Director
I
I 151 c
Le
I
Date: ct I 2 Date I i
n
al - ,.. • 0.L_X40` .•
•---`. i 4,I DEP F • rant Manager
Approved as to form and legality: . -.ro •d . i and legality:
ä .k2 (-6
GRANTEE Attorney DEP Attorney
FEID No.: 59-6000372
DUNS No.: 02046289
CFDA No.: 11.419
CFDA Title: Coastal Zone Management Administration Awards
For Agreements with governmental boards/commissions: If a person 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 Type Letter/Number Description(include number of pages)
Attachment A Project Work Plan(5 Pages)
Attachment B Payment Request Form(9 Pages)
Attachment C Contract Payment Requirements(I Page)
Attachment D Progress Report Form(2 Pages)
Attachment E Final Report Form (4 Pages)
Attachment F Special Audit Requirements(5 Pages)
Attachment G Disclosure of Lobbying Activities(2 Pages)
Attachment H Property Reporting Form Attachment Intentionally Excluded
Attachment I Quality Assurance Requirements Attachment Intentionally Excluded
Attachment _ J Photographer Release Form& Model Release Form(3 Pages)
Attachment K Contract Provisions(7 Pages)
Attachment L Regulations(1 Page)
DEP Agreement No.CM516, Page 19 of 19
ATTACHMENT A
PROJECT WORK PLAN
DEP Agreement# CM516
Project Title: Indian Creek Park Shoreline Stabilization& Protection
Grantee
Organization Name: City of Miami Beach
Chief Elected Official or Agency Head: Jimmy L. Morales
Title: City Manager
Address: 1700 Convention Center Drive
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: JimmyMorales @miamibeachfl.gov
Project Manager
Organization Name: City of Miami Beach
Name: Judy Hoanshelt
Address: 1700 Convention Center Drive
City: Miami Beach
Zip Code: 33139
Area Code and Telephone Number: 305-673-7510
Area Code and Facsimile Machine Telephone Number: 786-394-4675
E-Mail Address: JudyHoanshelt(a,miamibeachfl.gov
Secondary Contact Name: Elizabeth Wheaton
Area Code and Telephone Number: 305-673-7000 ext.6121
Area Code and Facsimile Machine Telephone Number: 305-394-4770
E-Mail Address: ElizabethWheaton(a,miamibeachfl.gov
Fiscal Agent
Organization Name: City of Miami Beach
Name: Krystal Dobbins
Address: 1700 Convention Center Drive
City: Miami Beach
Zip Code: 33139
Area Code and Telephone Number: 305-673-7000 ext. 6433
Area Code and Facsimile Machine Telephone Number: 305-786-394-4001
E-Mail Address: KrystalDobbins( miamibeachfl.gov
DEP Agreement No. CM5 I6,Attachment A, Page I of 5
FEID No.: 59-6000372
DUNS No.: 02046289
Project Location: Miami-Dade County
Hydrologic Unit #03090202
DEP Agreement No.CM516,Attachment A, Page 2 of 5
Attachment A
Scope of Work
Project Location: Located at the southernmost entrance of North Beach by the 63rd Street Bridge,
the Indian Creek Park extends north along the water and west of Indian Creek Drive.
Summary: The City of Miami Beach is currently re-evaluating the rehabilitation of its seawalls to
protect native mangroves and incorporate green infrastructure for shoreline stabilization, and
would like to take the opportunity to integrate a hybrid shoreline stabilization system to the Indian
Creek Park seawall rehabilitation, including "living shorelines". Incorporating living shorelines to the
shoreline stabilization of the Park's seawall rehabilitation will provide shoreline protection to one of
the key connection sites within the City. Furthermore, this project will be one of the City's pilot
projects for a seawall rehabilitation incorporating living shorelines and will be used as a benchmark
for other seawalls rehabilitation projects, where incorporating green infrastructure could be
feasible.
*Construction of the shoreline stabilization cannot start until all permits have been issued and received by
the applicant and copies submitted to the FCMP Grant Manager.
Total Budget Summary:
Grant Match
AGREEMENT TOTAL $ 30,000 $ 30,000
TOTAL GRANT FUNDS
Categories Task 1 Task 2 TOTAL BY
CATEGORY
Contractual: $ 27,000 $ 3,000 $ 30,000.00
SUB-TOTAL BY TASK $ 27,000 $ 3,000 $ 30,000.00
TOTAL MATCH FUNDS
Categories Task 1 Task 2 TOTAL BY
CATEGORY
Miscellaneous/OE: $ 27,000 $ 3,000 $ 30,000.00
SUB-TOTAL BY TASK $ 27,000 $ 3,000 $ 30,000.00
DEP Agreement No. CM516,Attachment A, Page 3 of 5
Task 1: ($54,000.00) The grantee shall design and implement the landscape portion of the living
shoreline, incorporating native wetland vegetation and saltwater-tolerant native species, as well as
removing exotic species. Before and after photos of the seawall and shoreline stabilization for this
project will be taken to compare the previous hard structure with the implemented hybrid living
shoreline. This will be the first hybrid living shoreline project in the City, proving the concept of
natural shoreline stabilization and setting the example for the next seawalls in need of
rehabilitation.This effort is part of the City of Miami Beach Rising Above Resiliency Strategy and will
assist the City in bouncing back from shocks and stressors in the face of climate change.
Deliverable: 1
- Before and after photos of the seawall and shoreline stabilization for this project; exotic species
removal and planted vegetation, copy of permits and project construction sign.
Performance Measure: The Department will review the deliverable(s) to ensure it meets the
specifications provided in the Task Description, above.
Due Date/Frequency/Performance Period: May 15, 2017
Requests for payment must be made within 15 days of completion of the deliverable.
Budget Information: $27,000.00-FCMP & $27,000.00-MATCH
Funding for Task: 1
Category Grant Funds Match Funds
Contractual: $ 27,000.00 $ 0.00
Misc/OE: 0.00 $ 27,000.00
TASK TOTAL: $ 27,000.00 $ 27,000.00
DEP Agreement No. CM5 16,Attachment A, Page 4 of 5
Task 2: ($6,000.00) The Grantee will construct educational signage at the Park for residents and
visitors' outreach about the importance of protecting the shoreline ecosystem for shoreline
stabilization and protection, habitat creation and nursery, water quality, as well as improving the
City's resiliency for sea level rise and climate change.
All materials created will include DEP, NOAA and FCMP logos. A sample or electronic version is
required to be sent to Toni.R.Clanton @dep.state.fl.us or 3900 Commonwealth Blvd. MS #235
Tallahassee, Florida 32399-3000 to receive prior approval from the FCMP Administrator. (See
paragraph 27 of the grant agreement for details.)
Deliverable: 2
- A copy of the draft design of the educational signs.
- Before and after photos of the seawall and shoreline stabilization and installation of educational
signs.
Performance Measure: The Department will review the deliverable(s) to ensure it meets the
specifications provided in the Task Description, above.
Due Date/Frequency/Performance Period: May 31, 2017
Requests for payment must be made within 15 days of completion of the deliverable.
Budget Information: $3,000.00-FCMP & $3,000.00-MATCH
Funding for Task: 2
Category Grant Funds Match Funds
Contractual: $ 3,000.00 0.00
Misc/OE: 0.00 $ 3,000.00
TASK TOTAL: $ 3,000.00 $ 3,000.00
DEP Agreement No.CM516,Attachment A, Page 5 of 5
ATTACHMENT B
PAYMENT REQUEST FORM
Grantee: Grantee's Grant Manager:
Mailing Address:
DEP Agreement No.: CM516 Payment Request No.:
Date Of Request: Performance Period:
Total Amount Requested: $ Deliverable No:
GRANT EXPENDITURES SUMMARY SECTION
(Effective Date of Grant through End-of-Grant Period)
TOTAL TOTAL
MATCHING
AMOUNT OF CUMULATIVE FUNDS CUMULATIVE
CATEGORY OF EXPENDITURE THIS CLAIM FCMP CLAIMED MATCHING
CLAIMS FUNDS
Salaries $ $ $ $
Fringe Benefits $ $ $ $
Travel $ $ $ $
Equipment Purchases $ S $ $
Supplies S $ $ $
Contractual Services $ $ $ 5
Other Expenses $ $ $ $
Indirect $ $
TOTAL AMOUNT $ $ $ S
GRANT BUDGET AMOUNT $ $
Less Total Cumulative Payments of $ $
REMAINING BUDGET IN GRANT S S
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.CM5I6,Attachment B, Page 1 of 9
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PAYMENT REQUEST FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address to which you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM516.
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 is 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)for which you are requesting payment.
GRANT EXPENDITURES SUMMARY SECTION:
"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: If applicable, 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: If applicable,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. CM516,Attachment B, Page 2 of 9
•
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 **
Questions regarding completion of the Payment Request Form should be directed to the Department's Grant Manager,
identified in paragraph 17 of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM516, Attachment B, Page 3 of 9
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B, EXHIBIT-
SCHEDULE OF INVOICES FOR REIMBURSEMENT
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM516.
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 for which you are requesting payment.
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, if applicable. 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. CM5 16,Attachment B, Page 6 of 9
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA COASTAL MANAGEMENT PROGRAM
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B, EXHIBIT- II
SCHEDULE OF MATCH
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM516.
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 for which you are requesting payment.
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. CM5 16,Attachment B, Page 9 of 9
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,
travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each
piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe benefits,
then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061,Florida Statutes,which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code,regarding the requirements for contracts which include services and that
provide for the contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature(e.g., postage,copies,etc.)may be reimbursed on
a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address: http://www.fldfs.com/aadir/reference_guide.htm
DEP Agreement No.CM516.Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: CM516
Grantee Name:
Grantee Address:
Grantee's Grant Manager: I Telephone No.:
Grant Manager's Email Address:
Reporting Period:
Project Title: Indian Creek Park Shoreline Stabilization & Protection
Provide a summary of project accomplishments for this reporting period by task. If tasks were not
addressed during the reporting period, 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.CM516.Attachment D,Page 1 of 2
INSTRUCTIONS FOR COMPLETING
ATTACHMENT D
PROGRESS REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM516.
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 I).
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 the Department's Grant Manager, identified
in paragraph 17 of this Agreement.
DEP Agreement No. CM516,Attachment D,Page 2 of 2
' ATTACHMENT E
DEP AGREEMENT NO.CM516
Indian Creek Park Shoreline Stabilization & Protection
City of Miami Beach
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.NA14NOS4190053. 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. CM5 16,Attachment E, Page 1 of 4
Final Project Report for CM516
Indian Creek Park Shoreline Stabilization& Protection
Executive Summary
Methodology
DEP Agreement No. CM5 16,Attachment E, Page 2 of 4
Outcome
•
Further Recommendations
DEP Agreement No. CM516,Attachment E, Page 3 of 4
INSTRUCTIONS FOR COMPLETING
ATTACHMENT E
FINAL PROJECT REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM516.
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 the Department's Grant Manager,
identified in paragraph 17 of this Agreement.
DEP Agreement No. CM516,Attachment E, Page 4 of 4
ATTACHMENT F
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP"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, as revised, 2 CFR Part 200,
Subpart F, 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 2 CFR Part 200, Subpart F, 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 I: 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(for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014)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, and 2 CFR Part 200,
Subpart F. EXHIBIT I to this Attachment 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, and 2 CFR Part 200,
Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,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,
and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than$500,000 (or$750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or$750,000, as
applicable) 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, and 2 CFR Part 200, Subpart F 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
interne at www.cfda.gov
DEP 55-215(06/16)
DEP Agreement No. CM5 I6,Attachment F, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2I 5.97(2)(n), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient,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 state financial assistance received from the Department of 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$750,000 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$750,000 in state financial assistance in its fiscal year,and elects to have an audit
conducted in accordance with the provisions of Section 215.97, 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.mvflorida.com/,
Department of Financial Services' Website at http://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 mvarding 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 ofState 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
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted,when required by
Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
DEP 55-215(06/16)
DEP Agreement No. CM516,Attachment F, Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit @dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections .320 (d)(l)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)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 http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB
Circular A-133,as revised, and 2 CFR§200.512.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit @dep.state.Fl.us
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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP 55-215(06/16)
DEP Agreement No. CM516,Attachment F, Page 3 of 5
Electronically:
FDEPSingleAudit @dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
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, as revised, and 2 CFR Part 200, Subpart F, 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,as revised and 2 CFR Part 200, Subpart F,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(06/16)
DEP Agreement No. CM516,Attachment F, Page 4 of 5
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•
ATTACHMENT G Approved by()NIB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
•
1.*Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: •
a.contract a.bid/offer/application a.initial filing
b.grant b.initial award b.material change
c.cooperative agreement
c.post-award
d.loan
e.loan guarantee
f.loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter
Name and Address of Prime:
Prime SubAwardee
Name
•Street 1 Street 2
•City State Zip
Congressional District, if known:
6.*Federal Department/Agency: 7.*Federal Program Name/Description:
CFDA Number, if applicable:
•
8.Federal Action Number, if known: 9.Award Amount, if known:
$
10.a.Name and Address of Lobbying Registrant: b. Individual Performing Services (including address if
different from No. 10a)
Prefix •First Name Middle Name Prefix •First Name Middle Name
•Last Name Suffix 'Last Name Suffix
•Street 1 Street 2 - •Street 1 Street 2
•City State Zip •City State Zip
11. •Signature: Completed on submission to Grants.gov
Information requested through this form is authorized by title 31 U.S.C.section *Name: Prefix 'First Name Middle Name
1352. This disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when the transaction was -
made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. 'Last Name Suffix
This information will be reported to the Congress semi-annually and will be
available for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each such failure. Title:
Telephone No.:
Date: Completed on submission to Grants.gov
Federal Use Only: Authorized LIReproduction Form LLL(Re .
DEP Agreement No. CM5 16,Attachment G, Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the
initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
I. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change
to the information previously reported, enter the year and quarter in which the change occurred. Enter the
date of the last previously submitted report by the reporting entity for this covered Federal action.
4. Enter the full name,address, city, state and zip code of the reporting entity. Include Congressional District,
if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be,
a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is
the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under
grants.
5. If the organization filing the report in item 4 checks"Subawardee",then enter the full name,address, city,
state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item I). If known,enter the
full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements, loans,and
loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I
(e.g., Request for Proposal (RFP)number; Invitation for Bid(IFB)number;grant announcement number;
the contract,grant,or loan award number;the application/proposal control number assigned by the Federal
agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address,city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
•
(b) Enter the full names of the individual(s)performing services,and include full address if different from
10(a). Enter Last Name, First Name,and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No.0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection
of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,
D.C. 20503.
DEP Agreement No. CM516, Attachment G, Page 2 of 2
Florida Department of Environmental Protection
ATTACHMENT J
PHOTOGRAPHER& MODEL RELEASE FORM
.•etel o•e`
FOR PHOTOGRAPHS, VIDEOS,AUDIO RECORDINGS AND ARTWORKS
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name
Address
City State Zip
Phone Number: ( ) Email:
License and Indemnification
I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being
submitted and am 18 years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive
right to distribute,publish and use the photograph(s),video(s),audio recording(s)and art work(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, including, but
not limited to, through publications, websites, social media venues and advertisements and 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 1 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.
Owner Signature: Date:
Photo/Video/Audio/Artwork Recording Filename(s):
Location of photo/video/audio recording/artwork:
•
Name of Person Accepting Work Submission:
DEP Agreement No. CM516,Attachment J, Page I of 3
000-020(Effective 02-17-2016)
ae• De Pere�o'i
Florida Department of Environmental Protection
ATTACHMENT J
f PHOTOGRAPHER & MODEL RELEASE FORM
.e e
FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
'� a enlol oa
MODEL RELEASE FORM: PHOTO/VIDEO/AUDIO/ARTWORK
This model release form will be used for all State of Florida—Department of Environmental Protection,
Land and Recreation 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, motion picture film and/or
artwork in any form 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 or other medium from which they are made shall be
the property of the Florida Department of Environmental Protection, its assigns or successors. They shall
have the right to sell, duplicate, reproduce, and make other lawful uses of such photographs, films,
recordings, plates,tapes and art work 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
Address
City State Zip
DEP Agreement No. CM516,Attachment J, Page 2 of 3
000-020(Effective 02-17-2016)
`0° 0°P ert42°0
Florida Department of Environmental Protection
ATTACHMENT J
PHOTOGRAPHER& MODEL RELEASE FORM
FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Photo Release for Minors
I being Parent/Guardian of , hereby consent that the videotapes,
photographs, motion picture film or artwork in any form 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 the property of the Florida Department of Environmental Protection, its
assigns or successors,and they shall have the right to sell,duplicate, reproduce and make other uses of such
photographs, films, recordings, plates, tapes and art work 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
Name of child
Name of parent
Address
City State Zip
DEP Agreement No. CM516,Attachment J, Page 3 of 3
000-020(Effective 02-17-2016)
•
ATTACHMENT K
Contract Provisions
The Department,as a recipient or pass-through entity shall require all subrecipients,including lower tier subrecipients,
under the award to comply with the provisions of the award, including applicable provisions of the OMB Uniform
Guidance (2 CFR 200), and all associated terms and conditions. All contracts/agreements awarded by a recipient,
including small purchases, shall contain the following provisions as applicable:
I. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
Presidential 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 amended by E. O.
13672, "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal
Government,and Executive Order 11246, Equal Employment Opportunity,"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$2,000 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 Subcontractors 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 Hours 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 I %2 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-Unless otherwise provided by law,the rights
to any invention made by a non-Federal entity under a Federal award are determined by the Bayh-Dole Act,
Public Law No.96-517,as amended,and as codified in 35 U.S.C. §200 et seq.,except as otherwise required
by law. The specific requirements governing the development, reporting, and disposition of rights to
inventions and patents resulting from Federal awards are described in more detail in 37 C.F.R. Part 401 and
in particular, in the standard patent rights clause in 37 C.F.R. §401.14, which is hereby incorporated by
reference into this award.
6. Clean Air Act(42 U.S.C.7401 et seq.),the Federal Water Pollution Control Act,as amended(33 U.S.C.
1251 et seq.)(Clean Water Act),and E.O. 11738("Providing for administration for the Clean Air Act
DEP Agreement No. CM516,Attachment K, Page 1 of 7
and the Federal Water Pollution Control Act with respect to Federal contracts,grants or loans"—Non-
federal entities must comply with the provisions of the Clean Air Act(42 U.S.C. 7401 et seq.), the Federal
Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.)and E.O. 11738 (38 FR 25161),and shall
not use a facility on the Environmental Protection Agency's (EPA) List of Violating Facilities (this list is
incorporated into the Excluded Parties List System located at www.sam.gov/portal/public/SAM/) in
performing any award that is nonexempt under 2 CFR Part 1532, and shall notify NOAA, in writing, if it
intends to use such a facility or if it knows that a facility has been recommended to be placed on the List.
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 3I 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. Debarment and Suspension (E.O.s 12549 and 12689) -No contract shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the
names of parties debarred,suspended,or otherwise excluded by agencies,and contractors declared ineligible
under statutory or regulatory authority other than E.O. 12549.Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion status and that of its
principal employees.
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). Federal assistance for any project that the EPA determines may contaminate a sole
source aquifer so as to threaten public health are prohibited under the Safe Drinking Water Act,as amended.
10. Air and Water Pollution Control Requirements — All requirements established by the Federal Water
Pollution Control Act,as amended(Clean Water Act or CWA),or the Clean Air Act,as amended(CAA),or
established by the Federal Government or by any state or local governments pursuant to such Acts must be
incorporated by reference or otherwise. Recipients are required to comply with all applicable standards,
orders or regulations pursuant to these Acts.Violations shall be reported to the Federal awarding agency and
the EPA.
I1. 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 U.S.C. 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, (j)
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 U.S.C. 1681 et. seq.)
DEP Agreement No. CM516,Attachment K, Page 2 of 7
prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; (I)
compliance with Parts I I and Ill 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
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.
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. 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.
15. Compliance with Presidential Executive Order 11988 ("Floodplain Management") and Presidential
Executive Order 11990("Protection of Wetlands")—Non-Federal entities must identify proposed actions
in Federally defined floodplains and wetlands that enable DOC to make a determination whether there is an
alternative to minimize any potential harm.
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 Presidential Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; and,
(c) 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.).
17. 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.
18. Compliance with the Endangered Species Act (16 U.S.C. §1531 et seq.) - Non-Federal entities must
identify any impact or activities that may involve a threatened or endangered species. Federal agencies have
the responsibility to ensure that no adverse effects to a protected species or habitat occur from actions under
Federal assistance awards and conduct the reviews required under the Endangered Species Act,as applicable.
19. Compliance with the Coastal Zone Management Act(16 U.S.C. §1451 et seq.)-Funded projects must be
consistent with a coastal State's approved management program for the coastal zone.
20. Compliance with the Coastal Barriers Resources Act (16 U.S.C. §3501 et seq.) - Only in certain
circumstances can Federal funding be provided for actions within a Coastal Barrier System.
21. " Compliance with the Resource Conservation and Recovery Act (42 U.S.C. §300f et seq.) - This Act
regulates the generation, transportation, treatment, and disposal of hazardous wastes, and also provides that
non-Federal entities give preference in their procurement programs to the purchase of recycled products
pursuant to EPA guidelines.
22. Compliance with The Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, commonly known as Superfund) (42 U.S.C. §9601 et seq.) and the Community
Environmental Response Facilitation Act (42 U.S.C. §9601 note et seq.) - These requirements address
responsibilities related to hazardous substance releases,threatened releases and environmental cleanup.There
are also reporting and community involvement requirements designed to ensure disclosure of the release or
disposal of regulated substances and cleanup of hazards to state and local emergency responders.
23. Presidential Executive Order 12898("Environmental Justice in Minority Populations and Low Income
Populations")-Federal agencies are required to identify and address the disproportionately high and adverse
human health or environmental effects of Federal programs, policies, and activities on low income and
minority populations.
DEP Agreement No. CM516,Attachment K, Page 3 of 7
24. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C.
470), 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.).
25. Research Involving Human Subjects—All proposed research involving human subject must be conducted
in accordance with 15 CFR Part 27,"Protection of Human Subjects." No research involving human subjects
is permitted under this award unless expressly authorized by special award condition or otherwise in writing
by the awarding Federal agency.
26. Care and Use of Live Vertebrate Animals -Non-Federal entities must comply with the Laboratory Animal
Welfare Act of 1966, as amended, (Pub. L. No. 89-544, 7 U.S.C. §§ 2131 et seq.) (animal acquisition,
transport, 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 is 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 DOC financial assistance award unless authorized by the awarding Federal
agency.
27. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
28. Compliance with the mandatory standards and policies relating to energy efficiency that are contained
in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act
(Pub. L.94-163, 89 Stat. 871).
29. Compliance with Geospatial Data Standards must be met by the Grantee under this Agreement. All
geospatial data created must be consistent with Federal Geographic Data Committee endorsed standards.
Information on these standards can be found at www.fgdc.gov.
30. Compliance with the Drug Free Workplace Act. 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 43 CFR Part 43, "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.
31. Compliance with the Buy American Act (41 U.S.C. l0a-10c) as implemented by Part 25, Federal
Acquisition Regulation (FAR) By accepting funds under this Agreement, the Grantee agrees to comply
with the"Buy American Act." The Grantee should review the provisions of the Act and the FAR guidelines
to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the
Congress that, to the greatest extent practicable, all equipment and products purchased with funds made
available under this Agreement should be American-made.
32. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) By accepting funds
under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). The TVPA of 2000
authorizes the termination of financial assistance without penalty, if any non-Federal entity engages in certain
activities related to trafficking in persons. The award term required by 2 CFR §175.15(b) is hereby
incorporated. •
33. Registrations and Identification Information, the Grantee agrees to maintain current registration in the
Central Contractor Registration (www.ccr.gov) System for Award Management (SAM) at all times during
• which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering
System(DUNS)Number(www.dnb.com)is one of the requirements for registration in the Central Contractor
Registration.
34. 41 U.S.C. §4712, Pilot Program for Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection: This requirement applies to all awards issued after July 1, 2013 and shall be in
effect until January 1,2017.
DEP Agreement No. CM516,Attachment K, Page 4 of 7
(a) This award, related subawards, and related contracts over the simplified acquisition threshold and all
employees working on this award, related subawards, and related contracts over the simplified acquisition
threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient
employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense
Authorization Act for Fiscal Year 2013 (P.L. 112-239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition
threshold related to this award, shall inform their employees in writing, in the predominant language of the
workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712.
(c)The recipient shall insert this clause, including this paragraph(c), in all subawards and in contracts over
the simplified acquisition threshold related to this award.
35. Criminal and Prohibited Activities
a. 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 false, fictitious, or fraudulent
claims to the Federal government for money (including money representing grants, loans or other
benefits).
b. Recipients must comply with the False Claims Amendments Act of 1986 and the False Statements.
Accountability Act of 1996 (18 U.S.C. §§ 287 and 1001, respectively), which provides that whoever
makes or presents any false, fictitious, or fraudulent statement, representation, or claim against the
United States shall be subject to imprisonment of not more than five years and shall be subject to a fine
in the amount provided by 18 U.S.C. §287.
c. Recipients must comply with the Civil False Claims Act (31 U.S.C. §§ 3729 - 3733), which provides
that suits can be brought by the government, or a person on behalf of the government, for false claims
made under Federal assistance programs.
36. Foreign Travel—Recipients shall comply with the provisions of the Fly America Act(49 U.S.C., §40118).
The implementing regulations of the Fly America Act are found at 41 CFR §§ 301-10.131 through 301-
10.143.
37. Pursuant to E.O. 13043 (62 FR 19217, 1997), non-Federal entities should encourage employees and
contractors to enforce on-the-job seat belt policies and programs when operating company-owned,rented,or
personally owned vehicles.
38. 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 5(c)of the order, bid specifications,project agreements,
or other controlling documents for construction contracts awarded under this Agreement.
39. Minority Serving Institutions(MSIs) Initiative—Pursuant to Presidential Executive Orders 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.
40. 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.
41. Scientific Integrity, as established in the Department of Commerce Financial Assistance Alert 16-02
(January 13,2016)—The NOAA Acquisition and Grants Office(AGO)has established the following policy
to provide appropriate protections for all NOAA grants, financial assistance awards, and cooperative
agreements:
1. Maintaining Integrity.The recipient shall maintain the scientific integrity of research performed pursuant
to this grant or financial assistance award including the prevention, detection, and remediation of any
allegations regarding the violation of scientific integrity or scientific and research misconduct, and the
conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity
or scientific and research misconduct.All the requirements of this provision flow down to subrecipients.
2. Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial
assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA
standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance.
DEP Agreement No.CM516,Attachment K, Page 5 of 7
NOAA will ensure that peer review of"influential scientific information"or"highly influential scientific
assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final
Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the
Information Quality Guidelines.
3. In performing or presenting the results of scientific activities under the NOAA grant,financial assistance
award, or cooperative agreement and in responding to allegations regarding the violation of scientific
integrity or scientific and research misconduct, the recipient and all subrecipients shall comply with the
provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its
Procedural Handbook, including any amendments thereto. That Order can be found at
http://nrc.noaa.gov/ScientificlntegrityCommons.aspx.
4. Primary Responsibility. The recipient shall have the primary responsibility to prevent, detect, and
investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless
otherwise instructed by the grants officer,the recipient shall promptly conduct an initial inquiry into any
allegation of such misconduct and may rely on its internal policies and procedures,as appropriate,to do
so.
5. By executing this grant, financial assistance award, or cooperative agreement the recipient provides its
assurance that it has established an administrative process for performing an inquiry, investigating,and
reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that
it will comply with its own administrative process for performing an inquiry,investigation,and reporting
of such misconduct.
6. The recipient shall insert this provision in all subawards at all tiers under this grant, financial assistance
award,or cooperative agreement.
42. Compliance with Department of Commerce Bureau of Industry and Security Export Administration
Regulations—The Recipient shall comply with the Export Administration Regulations(EAR)(I5 CFR Parts
730-774) and the International Traffic In Arms Regulations (1TAR) (22 CFR Parts 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 'TAR. The
Recipient shall include this clause in all lower tier transactions under this Agreement that may involve access
to export-controlled information technology. •
43. 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.
44. Homeland Security Presidential Directive 12"Policy for Common Identification Standard for Federal
Employees and Contractors", FIPS, PUB 201 and OMB Memorandum M-05-24— If the performance
of the grant award requires non-federal entity personnel to have routine access to Federally-controlled
facilities and/or Federally-controlled information systems("routine access"being more than 180 days),such
personnel must undergo the personal identity verification credential process. The non-federal entity shall
ensure that its subrecipients and contractors (all tiers) performing work under this award comply with the
requirements contained in this term. The following term shall be included in all subawards and contracts
where routine physical access to a Federally-controlled facility or routine access to a Federally-controlled
information system is required:
"The subrecipient or contractor shall comply with DOC personal identity verification procedures identified
in the subaward or contract that implement Homeland Security Presidential Directive 12(HSPD-12), Office
of Management and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing
Standards Publication (F/PS PUB) Number 201, as amended,for all employees under this subaward or
contract who require routine physical access to a Federally-controlled facility or routine access to a
Federally-controlled information system.
"The subrecipient or contractor shall account for all forms of Government-provided identification issued to
the subrecipient or contractor employees in connection with performance under this subaward or contract.
The subrecipient or contractor shall return such identification to the issuing agency at the earliest of any of
the following, unless otherwise determined by DOC: (I) When no longer needed for subaward or contract
DEP Agreement No. CM516,Attachment K, Page 6 of 7
performance; (2) Upon completion of the subrecipient or contractor employee's employment; (3) Upon
subaward or contract completion or termination.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
DEP Agreement No.CM516,Attachment K, Page 7 of 7
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(CFR),2 CFR 200,and 2 CFR 1300 through 1399. Other DOC
regulations also impact grant programs. The following list contains regulations,and Office of Management and
Budget Circulars that 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
2 CFR 200 and 1327 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards
2CFR 1329 Drug-Free Workplace Act
•
15 CFR 28 New restrictions on lobbying
Other Federal Regulations
2 CFR 1326 Nonprocurement Suspension and Debarment
48 CFR 31 Contract Cost Principles and Procedures
Office of Management and Budget Circulars
For Federal Funding Sources awarded prior to December 26,2014:
A-2I (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 230) Cost Principles for Non-Profit Organizations
A-133 Audit of States, Local Governments and Non-Profit Organizations
For Federal Funding Sources awarded after December 26,2014
2 CFR Part 200 Uniform administrative requirements,cost principles, and audit requirements for Federal
awards(State, Local and Indian Tribal Governments; Educational Institutes; Private Non-
Profit Organization other than (I) institute of higher education,(2)hospital, or(3)
organization named in 2 CFR Part 200 Appendix VIII
48 CFR Part 31 Contract Cost Principles and Procedures(For Profit Organization)
2 CFR Part 200, Audit Requirements
Subpart F
2 CFR Part 200 Uniform administrative requirements,cost principles, and audit requirements for Federal
awards(State, Local and Indian Tribal Governments; Educational Institutes; Private Non-
Profit Organization other than (I) institute of higher education, (2)hospital, or(3)
organization named in 2 CFR Part 200 Appendix VIII
Accounting Standards
Governmental Subject to accounting standards established by the Government Accounting Standards Board
Entities (GASB)
Private Sector or I Subject to generally accepted accounting principles(GAAP), promulgated by the American
Individuals Institute of Certified Public Accountants(AICPA), as applicable
•
DEP Agreement No. CM516,Attachment L, Page 1 of 1