Notice of Grant and Agreement Award US Department of Agriculture aat5F- 3c9-80
USDA♦VA NRCS-ADS-093
V\ U.S. Department of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
1.Award Identifying Number 2. Amendment Number 3.Award/Project Period 4. Type of award instrument:
NR184209XXXXC012 08/14/2018-03/22/2019 Cooperative Agreement
5.Agency(Name and Address) 6. Recipient Organization (Name and Address)
Natural Resources Conservation Service CITY OF MIAMI BEACH MIAMI BEACH CONVENTION
P. O. Box 141510 CENTER
Gainesville, FL 32614-1510 1700 CONVENTION CENTER DRIVE
MIAMI BEACH FL 33139-1819
DUNS: 020546289 El N:
7. NRCS Program Contact 8. NRCS Administrative 9. Recipient Program 10. Recipient Administrative
Contact Contact Contact
Name:Jason Strenth Name: MOIRA SANFORD Name:Judy Hoanshelt Name: Talmage Thornhill
Phone: (352)338-9559 Phone: (614)255-2495 Phone: 305-673-7510 Phone: (305)673-7000
Email:jason.strenth@fl.usda. Email: MOIRA. Email: Email:
gov SANFORD@OH.USDA.GOV judyhoanshelt@miamibeachfl. talmagethornhill@miamibeachfl
gov .gov
11. CFDA 12.Authority 13.Type of Action 14. Program Director
10.923 33 U.S.C. 701b-1 New Agreement Name: Eric Carpenter
Phone: 305-673-7010
Email:
ericcarpenter@miamibeachfl.
goy
15. Project Title/ Description: Hurricane Irma EWP
6000003552
16. Entity Type: 02= City or Township government
17. Select Funding Type
Select funding type: V Federal g, Non-Federal
Original funds total $313,087.50 $94,875.00
Additional funds total $0.00 $0.00
Grand total $313,087.50 $94,875.00
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Personnel $0.00 Fringe Benefits $0.00
Travel $0.00 Equipment $0.00
Supplies $0.00 Contractual WOO
Construction $284,625.00 Other $28,482.50
Total Direct Cost $313,087.50 Total Indirect Cost $0.00
Total Non-Federal Funds $94,875.00
Total Federal Funds Awarded $313,087.50
Total Approved Budget $407,982.50
i his agreement is subject to applicable USDA NNCS statutory provisions and Financial Assistance Regulations.In accepting this
award or amendment and any payments made pursuant thereto,the undersigned represents that he or she Is duly authorized to
act on behalf of the awardee organization,agrees that the award is subJect to the applicable provisions of this agreement(and all
attachments),and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts,ifany,
found by NRCS to have been overpaid,will be refunded or credited in full to NRCS.
Name and The of Authorized
Government Representative Signature Date
RUSSELL MORGAN
State Conservationist b B–N—`eP
Name and The of Authorized
IAtleii4 ce
JimmRecipient rales ntative Signe Date
Jimmy Morales " /i
City Manager
DISCRIMINATION STATEMENT
The U.S.Department of Agriculture(USDA)pn1Nb discrimination 1n all its programa and activities on the basis of race.color.national orlon.
ate.disability,and where applicable.sea.marital (wild stakes.parental status.religion,sexual orientation.genetic information,political
bells.reprisal.or because Mor a part of an individuate Income is derived from any public assistance program.(Nol N prohibited bases appy/
to all programs.)Pigeons with dbbilWee who require alNmetive means for communication of program bdommtion(Braille.large grub
audiotape,etc.)should contact USDA's TARGET Center at(202)720-2600(voice and TDD).To file a complaint of dfeAnEialbn write to
USDA,Director.Office of CM Righte,1400 Independence Avenue,SW.,Washington,DC 202504410«m(900)795-3272(voice)or(202)
720-6382(TDD).USDA is an equal opporhnity provider end employs.
PRNACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974(5 - . -.••n 522a).
.,WED AS •
F•,• a EXNG, .GE
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Page 2 of 14
Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture,Natural Resources Conservation
Service,hereinafter referred to as the'NRCS',to provide technical and financial assistance to the City of Miami Beach,
hereinafter referred to as the'Sponsor*,for EWP Project#5072(Hurricane Irma)in Miami Beach,Florida for
Implementation of recovery measures,that,if left undone,pose a risk to life and/or property.
Objectives
The design and Installation of EWP measures as detailed In the individual Damage Survey Report(DSR)and described
here:
DSR No.CMB-17-001 —Remove sediment from pipe outfaits and re-shape rock riprap=5379,500
Total Estimated Construction Cost=$379,500
Budget N tative
A.The estimated costs for the Project
1.Total Estimated Project Budget$407982.50
The budget includes:
Financial Assistance(FA)Costs:
Construction Costs(75%NRCS 5284,625.00+25%Sponsor$94,875.00): $378,500
Technical Assistance(TA)Costs:
100%NRCS(7.5%of total construction cost): $28,482.50
2.NRCS pays up to 75 percent of eligible construction costs,and Sponsor pays 25 percent of construction costs. NRCS
will contribute up to 7.5 percent of the total construction cost for design services,contract administration and consboclon
management costs. It is possible that technical and administrative costs will exceed this amount requiring the Sponsor
to contribute resources to complete technical and administrative work.
3.NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts,one for financial
assistance(FA)and one for technical assistance(TA). FA costs are associated with construction activities;TA costs are
associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for
reimbursement.
4.NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on-the-ground coneauction
coats,subject to above limits If costs are reduced,reimbursement will be reduced accordingly. Construction costs are
assodated with the Installation of the project measures including labor,equipment and materials
5.NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project,subject to the above limits. If costs are reduced,reimbursement will be reduced accordingly. These costs
include
a.engineering costs Include,but not limited to,developing a project design that includes construction drawings and
specifications,an operation and maintenance plan,a quality aseurancdlnspecdon plan and an engineer's estimate of the
project Installation coats In addition to providing necessary quality assurance during constucton.
b.contract administration costs Include,but not limited to,soliciting,evaluating,awarding and administering contracts for
construction and engineering services,Including project management verifying invoices and record keeping.
8.The Sponsor will conMbute funds toward the total construction costs in either direct cash expenditures,the value of
non-cash materials or services,or In-kind contributions. The value of any In-kind contribution shall be agreed to in
writing prior to implementation.
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Responsibilities of the Parties:
A.Sponsor Wil—
t Accomplish concoction of the EWP project measures by contracting,in-kind construction services,or a combination
of both.
2.Ensure and certify by signing this agreement that its cost share obligation is from a non-Federal source.
3.Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information
with this executed agreement. My change in the project liaison during the terms of this agreement must be knmedately
communicated to NRCS.
4.Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer,
listing their duties,responsibilities,and authorities. Furnish such Information in writing to the NRCS State
Conservationist.
5.Comply with the terms and conditions of this agreement and the attached general terms end conditions except those
that are not applicable to State and local governments.
8.Acquire and provide certification to NRCS that real property rights(land and water),permits and licenses In
accordance with local,state,and Federal laws necessary for the installation of EWP project measures have been
obtained at no cost to NRCS prior to construction. This incudes any rights associated with required environmental
mitigation. Sponsors shall provide such certification on Form NRCS-ADS-78,Assurances Relating to Real Property
Acquisition. Sponsors shall also provide an attorneys opinion supporting this certification. Costs related to land rights
and permits are the Sponsors responsibility and ineligible for reimbursement.
7.Accept all financial and other responsibility for excess costs resulting from Meir failure to obtain,or their delay In
obtaining,adequate land end water rights,permits and licenses needed for the Project.
8.Provide the agreed-to portion of the actual,eligible and approved construction cost These costs may be in the form
of cash,In-kind construction services,or a combination of both.Final construction Items that are eligible construction
costs will be agreed upon during the pre-design conference.These costs consist of costs from contracts awarded to
contractors and eligible Sponsor In-kind construction costs for materials,labor,and equipment The Sponsor shall
provide NRCS documentation to support all eligible construction costs.
9. Be responsible for 100 percent of all ineligible construction coats and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described In the DSR.
10.Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement
NRCS funding for this project is provided to the Sponsor In two separate NRCS funding accounts,one for TA and one for
FA,requiring this separation.
11.Contract for services and construction in accordance with the Code of Federal Regulations(CFR),2 CFR§200.317
through 200.328.applicable State regulations.and the Sponsors procurement regulations,as appropriate.(See general
terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR§200.328,contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis-Bacon Act would not apply under this
Federal program legislation.
12.The contracts for design services and construction described In this Agreement shall not be awarded to the Sponsor
or to any firm In which any Sponsors official or any member of such official's Immediate family has direct or indirect
Interest In the pecuniary profits or contracts of such fines.Reference 2 CFR§200.318 regarding standards of conduct
covering conflicts of interest and governing the performance of Its employees engaged In the selection,award,and
administration of contracts.
13.My costs(construction or technical and administrative services)incurred prior to the Sponsor and NRCS signing this
agreement are Ineligible and will not be reimbursed.
14.For contracts,provide NRCS a copy of solicitation notice,bid abstract,and notice of contract award,or other basis of
cost and accomplishment
15.For In-kind construction services(materials,labor,and/or equipment supplied by the Sponsor),develop a Plan of
Operations describing the construction services to be performed including estimated quantities and values. The Plan of
Page 4 of 14
Uperetions shag be conned in by NNL S at me pre-design conference. In-land construction services tor equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred In advance by NRCS.
18.The following documentation is required to support the Sponsor's request for reimbursement of in*ind construction
services:
a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures.
b.Records documenting the type,quality,and quantities of materials actually used In constructing the eligible EWP
project measures.
c.Daily time records for each employee showing name,classification,wage rate,hours,and dates actually employed for
constructing the eligible EWP project measures.
d.EqupmeM operating records showing the type and size of equipment,hourly rate,actual hours of operation and dates
used to Install the eligible EWP project measures. Equipment Idle time is not eligible 6FMnd construction services,even
Won the job site,and should not be Included In the equipment operating records.
17.Within thirty(30)calendar days of signing the project agreement,hold a pre-design conference with the Sponsor,
Sponsor's design engineer,and NRCS. The design conference shall set forth design parameters concurted by both the
Sponsor and NRCS. During the pre-design conference, NRCS will determine the eligible construction costs.
18.Within fourteen(14)calendar days of the pre-design conference submit to NRCS a schedule with time lines of major
Items to be completed. Milestones shall include,but not limited to,obtaining land rights,obtaining permits.completing
any necessary surveys,completing draft engineering plans and specifications for NRCS review.completing final
engineering plans and specifications,completing quality assurance plan,solicit bids,award contract,issue notice to
proceed,and complete construction.
19.Prior to commencement of work and/or solicitation of bids,submit for NRCS review,the preliminary design.
construction specifications,and engineering drawings prepared in accordance with standard engineering principles and
design parameters set forth In the pre-design conference.
20.Upon receMng comments from NRCS,prepare the final design,construction specMcatlons,and engineering
drawings in accordance with standard engineering principles that comply with NRCS programmatic principles and design
parameters set forth in the pre-design conference. One set of the final plans and spedficatlmhs shall be submitted to
NRCS for final review and concurrence prior to sofdtatlon of bids and/or commencement of work The Mel construction
plans and specifications shall be signed and sealed by a licensed Professional Engineer registered in the State of Florida
(Not required for debris removal only sites). A copy of the signed and seal plans and specifications shs8 be provided to
NRCS.
21.Prior to commencement of work and/or solicitation of bids,submit for NRCS review and concurrence a Quality
Assurance Plan(OAP). The OAP shall outline technical and administrative expertise required to ensure the EWP project
measures are installed in accordance with the plans and specifications,identify individuals with the expertise,describe
items to be inspected,list equipment required for inspection.outline the frequency and timing of inspection(continuous
or periodic),outline inspec on procedures,and record keeping requirements. A copy of the final OAP shall be provided
to NRCS prior to commencement of construction.
22.Provide consbudlon Inspection In accordance with the OAP.
23.Prepare end submit for NRCS concurrence an Operation and Maintenance(O8M)Plan,if applicable(Not required
for debris removal only sites),prior to commence of work. The O&M Plan shall describe the activities the Sponsor will
do to ensure the project performs as designed. Upon completion of the project measures,the Sponsor shall assume
responsbility for O&M.
24.Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify
NRCS of environmental clearance,modification of construction plans,or any unresolved concerns as well as copies of
all permits,licenses,and other documents required by Federal,state,and local statutes and ordinances prior to
solicitation for installation of the EWP project measures. All modifications to the plans and specifications shag be
reviewed and concurred on by NRCS.
25.Ensure that any special requirements for compliance with environmental and/or cultural resource laws are
incorporated into the project.
28.The Sponsor must secure at its awn expense all Federal,State,and local permits and licenses necessary for
completion of the work described In this agreement as well as any necessary natural resource rights and provide copies
of all permits and licenses obtained to NRCS.
27.Will arrange and pay for any necessary location,removal,or relocation of utilities.EWP program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs;nor do the costs qualify as a Sponsor cost-
Page 5 of 14
snare contnbutron. _
28.Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of
the Project,as interpreted by NRCS Government Representative(GR). Provide NRCS Program/Technical Contact and
GR progress reports every 2 weeks after execution of the agreement. Progress reports should Include work
accomplished for the period,technical on-site inspections,work planned,results of material tests,deficient work
products and/or tests with corrective actions taken,modifications anticipated,technical problems encountered.
contractual issues and other relevant Information.
29.Ensure that all contractors on NRCS assisted projects are performing their work In accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act(40 USC 327-330)as supplemented by Department
of Labor regdations(29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's compliance
with safety requirements.
30. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed In accordance with contractual requirements. Provide a Professional Engineer(PE)certification that the
Project was installed in accordance with approved plans and specifications. For debris removal only sites,certification
does not need to be from a PE.
31. Provide PE-certified as-built drawings and quantities for the project A copy of the as-built drawings will be
submitted to the NRCS Program/Technical Contact For debris removal only sites,as-built drawings do not need to be
certified by a PE.
32. Pay the contractor(s)for work performed In accordance with the agreement and submit a SF-270,"Request for
Advance or Reimbursement to the NRCS Program/Technical Contact with all documentation to support the request
Payments can be requested as frequently as monthly. Final payment request shall be submitted within 90 calendar days
of completion of the EWP project measures.Payments will be withheld until all required documentation is submitted and
complete.
a.The required supporting documentation for reimbursement of construction costs Include invokes and proof of payment
to the contractor showing the items and quantities Installed and certified by the engineer of record along with any
supporting documentation such as quantity calculations,rock weight tickets,etc.
b.The required supporting documentation for reimbursement of in-kind construction expenses will include employee time
sheets.employee hourly rate,equipment operating kgs,equipment hourly rate,and material quantities and Invoices.
c.The required documentation for reimbursement of technical and administrative services will be Invokes and proof or
payment to consultants and/or employee time sheets along with the employee's hourly rate,hours worked,and date
work was performed.
33. Ensure that information in the System for Award Management(SAM)is current and accurate until the final financial
report(SF425)under this award or final payment Is received,whichever Is later.
34.Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contracts)awarded under this Agreement This includes,but Is not limited to disputes,dakns,protests of award,source
evaluation,and litigation that may result from the Project Such actions will be at the expense of the Sponsor,Including
any legal expenses. The Sponsor will advise,consult with,and obtain prior written concurrence of NRCS on any
litigation maters in which NRCS could have a financial interest
35.Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs,damages,
claims,liabilities,and judgments arising from past,present,and future acts or omissions of the Sponsor in connection
with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement
Further,the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor,its agents.
successors,assigns,employees,contractors,or lessees In connection with the acquisition and management of the
Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations
that are now or that may in the future become applicable.
38.Retain all records dealing with the award and administration of the contracts)for 3 years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved,whichever is
longer. If any litigation Is started before the expiration of the 3-year period,records are to be retained until the litigation is
resolved or the end of the 3-year period,whichever Is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the Department of
Agriculture or cognizant audit agency for the purpose of making audit examination,excerpts,and transcriptions.
37.Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor falling to complete the work
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within the specified time. I he damages will be based upon She additional Costs MUM!by the NRt.b resulting Vern Me
contractor not completing the work within the allowable performance period. These costs include but are not limited to
personnel costa travel,etc. The NRCS will have the right to withhold such amount out of any monies that may be then
due or that may become due and payable to the Sponsor. This liability Is not applicable to the extent that the contract
performance time Is extended by court judgment unless such judgment results from actions of the Sponsor not
concurred in by NRCS.
38.Take necessary legal action,including bringing suit,to collect from the contractor any monies due In connection with
the contract or upon request of NRCS,assign and transfer to NRCS any or all claims,demands,and causes of action of
every kind whatsoever that the Sponsor has against the contractor or his or her sureties.
39. Submit requests for a time extension to the agreement(if necessary)in writing no less than forty-five(45)days prior
to the expiration date of the agreement Submit the written,signed request to the NRCS Program/Technical Contact
8.NRCS will-
1.Assist Sponsor in establishing design parameters;determine eligible concoction costs during the pre-design
conference.
2.Designate a Government representative(GR)to serve as liaison with the Sponsor and identify that person's contact
information with this executed agreement.
3.Review,comment and concur in preliminary and final plans,specifications,O&M Plan,Plan of Operations(If required)
and OAP.
4.Make periodic site visits during the Installation of the EWP project measures to review construction progress.
document conformance to engineering plans and specifications,and provide any necessary clarification on the
Sponsor's responsibilities.
5.Upon notification of the completion of the EWP project measures,NRCS shall promptly review the performance of the
Sponsor to determine If the requirements of this agreement and fund expenditures as agreed have been met
0.Make payment to the Sponsor covering NRCS'share of the cost upon receipt and approval of Form SF-270 and
supporting documentation,withholding the amount of damages sustained by NRCS as provided for In this agreement. In
the event there are questions regarding the SF 270 and supporting documentation,NRCS will contact the Sponsor in a
timely manner to resolve concerns.
SPECIAL PROVISIONS
A.The furnishing of financial.administrative,and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding In the Emergency Watershed Protection
Program that is available for obligation In the year in which the assistance will be provided. NRCS may not make
commitments in excess of funds authorized by law or made administratively available.Congress may impose
obligational limits on program funding that constrains NRCS's ability to provide such assistance.
8.1n the event of default of a construction contract awarded pursuant to this agreement,any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as
construction funds are contributed by the parties under the terms of this agreement. My excess costs Including interest
resulting from a judgment collected from the defaulting contractor,or his or her surely,will be prorated between the
Sponsor and NRCS in the same ratio as construction hinds are contributed under the terms of the agreement
C.Additional funds,including interest properly allocable as construction costs as determined by NRCS,required as a
result of dentition of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction
funds are contributed under the terms of this agreement NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior concurrence of NRCS.
D.The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for
constructing the EWP means's. Such adjustments may increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes.differing site
conditions.quantity variations,or other actions taken under the provisions of the contract. No adjustment will be made to
change the cost sharing assistance provided by NRCS as set forth in this agreement nor reduce funds below the
amount required to cry out NRCS share of the contract
E.Except for Rem D.above,this document may be revised as mutually agreed through a written amendment duly
executed by authorized officials of all signatory parties to this agreement
F.NRCS,at Its sole discretion,may refuse to cost share should the Sponsor,In administering the contract,elect to
Page 7 of 14
proceed w tnoul obtaining concurrence as set out in this agreement.
G.Once the project is completed and all requests for reimbursement submitted,any excess funding remaining in the
agreement will be de-obligated from the agreement.
H.If Inconsistencies wise between the language in the Statement of Work(SOW)In the agreement and the general
terms and conditions,the language In the SOW takes precedence.
Expected Accomplishments and Deliverable
The following accomplishments and deliverable will be provided to NRCS.
1.One copy of the final engineering plans,specifications signed and sealed by a licensed professional engineer(if
applicable),Including engineer's cost estimate,and approved Plan of Operations(g applicable).
2.Signed NRCS-ADS-78 supported by an attorney's opinion.
3.One copy of the quality assurance plan.
4.One copy of the operation and maintenance plan(If applicable).
5.One copy of the notice of solicitation, bid abstract,and notice of award.
8.Certification that the project was Installed in accordance with the plans and specifications.
7.As-built drawings of final construction signed by a licensed professional engineer witNn 30 days of completion of
construction.
8.Quantities of the units of work applied for each site within 45 days of completion of construction
Resources Required
No resources other than funding.
Milestones
Milestones shall include,but not limited to,the following items:
1.Pm-design conference within 30 days of signing agreement
2.Submit to NRCS a schedule with time lines of major Items to be completed within 14 days of the in-design
conference.
3.Acquire needed real property rights and permits(signed NRCS-ADS-78 supported by an attorney's opinion)prior to
start of construction.
4.Obtain permits.
5.Complete any necessary surveys.
8.Complete draft engineering plans and specifications for NRCS review.
7.Complete final engineering plans and specifications.
8.Complete quality assurance plan and operation and maintenance plan(if applicable).
9.Solicit bids.
10.Award contract.
11. Menage construction contract and provide quality assurance as described in the OAP.
12. Provide final inspection.
13.Complete as-built drawings.
14.Submit final payment
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GENERAL TERNS AND COM:DRONE
Please reference the below Nnk(s)for the Generel Tens and Conditions pertaining to this award:
NATURAL RESOURCES CONSERVATION SERVICE U.S.DEPARTMENT OF AGRICULTURE
GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS
I.APPLICABLE REGULATIONS
a.The recipient,and recipients of any subawards under this award,agree to comply with the folowing regulations,as
applicable.The MI text of Code of Federal Regulations references may be found at htlpsd/www.gpo.gov/fdsys@rowse/
collectionCfr.action7collecfonCode=CFR and hfpd/wxw.edr.govt
(1)2 CFR Part 25,'Universal Identifier and System of Award Management(2)2 CFR Part 170,'Repordng Subaward
and Executive Compensation Information'(3)2 CFR Part 180,'OMB Guidelines To Agencies On Govemmentwide
Debarment And Suspension(Nonprocurament)'(4)2 CFR Part 182,'Govertxnentwide Requirements for Drug-Free
Workplace(Financial Assistance)'(5)2 CFR Part 200,'Uniform Administrative Requirements,Cost Principles,Md Audit
Requirements for Federal Awards"
b.The recipient,and recipients of any subawards under this award,assure and certify that they have and/or will comply
with the following regulations,as applicable.The full text of Code of Federal Regulations references may be found at
https:/hxwa.gpo.gowTdsysrbrowse//collectloncfr.acton7cdlectionCode=CFR and hfpi/wmv.ecfr.gov/.
(1)2 CFR Part 175,'Award Term for Trafficking in Persons'(2)2 CFR Part 417,'Nonprocuremem Debarment end
Suspension'(3)2 CFR Part 418,'New Restrictions on Lobbying'(4)2 CFR Pan 421,'Requirements for Drug-Free
Workplace(Financial Assistance)"
c.Allowable project costs will be determined in accordance with the authorizing statute,the purpose of the award,and to
the extent applicable to the type of organizations receiving the award,regardless of Ver.The following portions of the
Code of Federal Regulations are hereby Incorporated by reference.The full text of Code of Federal Regulations
references may be found at https:/haww.gpo.gov/fdsysrbrowse/cdiecdonCfr.acdon7cdlecdonCode=CFR and http://www.
ecfr.gov/.
(1)2 CFR Part 200,'Uniform Administrative Requirements,Cost Principles Md Audit Requirements For Federal
Awards"(2)48 CFR Part 31,'Contract Cost Prindples and Procedures
II.UNALLOWABLE COSTS
The following costs are not allowed:
a.Costs above the amount authorized for the project b.Costs incurred after the expiration of the award Including any no-
cost extensions of time c.Costs that lie outside the scope of the approved project and any amendments thereto d.
Compensation for Injuries to persons or damage to property arising from project activities
This list Is not exhaustive.For general information about the allowability of particular items of assts,please see 2 CFR
Pan 200,'Subpart E—Cost Principles',or direct specific inquiries to the NRCS administrative contact identified in the
award.
III.CONFIDENTIALITY
a.Activities performed under this award may involve access to confidential and potentially sensitive Information about
governmental and landowner blues.The tern'confidential information'means proprietary information or data of a
personal nature about an individual,or information or data submitted by or pertaining to an organization.This Information
must not be disclosed without the prior written consent of NRCS.
b.The recipient's personnel Ml follow the rules and procedures of disclosure set forth In the Privacy Act of 1974,5 U.S.
C.Section 552a.and implementing regulations and policies with respect to systems of records determined to be subject
to the Privacy Act The recipient's personnel must also comply with privacy of personal information relating to natural
resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment
Act of 2002(Pudic Law 107-171).
Page 9 of 14
c.The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information
protected under Section 1619 of the Food,Conservation,and Energy Act of 2008(PL 110-248),U.S.C.8791.
d.The recipient agrees to comply with the Prohibition Against Certain Internal Confidentiality Agreements:'
1.You may not require your employees,contractors.or subreciplents seeking to report fraud,waste,or abuse to sign or
comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste,fraud,or abuse to a designated Investigative or law enforcement representative of a Federal
department or agency authorized to receive such Information.2.You must notify your employees,contractors,or
subredplenta that the prohibitions and restrictions of any Internal confidentiality agreements inconsistent with paragraph
(1)of this award provision are no longer in effect.3.The prohibition in paragraph(1)of this award provision does not
contravene requirements applicable to any other form Issued by a Federal department or agency governing the
nondisclosure of classified Information.4.If NRCS determines that you am not in compliance with this award provision,
NRCS:a.Will prohibit your use of funds under this award,in accordance with sections 743 and 744 of Division E of the
Consolidated Appropriations Act,2018,(Pub.L. 114-113)or any successor provision of law;b.May pursue other
remedies available for your material failure to comply with award terms and conditions.
IV.PRIOR APPROVAL REQUIREMENTS
The following are the most common situations requiring prior approval.However,the recipient is also bound by any other
prior approval requirements of the applicable administrative provisions and Federal cost principles.
a.Purpose or Deliverables.—When it is necessary for the recipient to modify the purpose or deliverables,the recipient
must submit a wtltten request and justification for the change along with the revised purpose or deliverables of the award
to the NRCS administrative contact.The request should contain the folkw.trig:1.Grant or agreement number 2.
Narrative explaining the requested modification to the project purpose or deliverables 3.A desaiption of the revised
purpose or deliverables 4.Signatures of the authorized representative,project director,or both
b.Subaward/contractual Arrangement—The recipient must submit a justification for the proposed subawardkontractual
arrangements,a statement of work to be performed,and a detailed budget for the subawardlcontract to the NRCS
administrative contact Subaward/contractual arrangements disclosed in the application do not require additional
postaward approval.
c.Absence or Change in Project Leadership.—When a project director or the person responsible for the direction or
management of the project-
1.Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or moa reduction
in time devoted to the project the grantee must notify the NRCS administrative contact in writing,identifying who will be
in charge during the project director's absence.The notification must include the qualifications and the signature of the
replacement signifying his or her willingness to serve on the project
2.Severs his or her affiliation with the grantee,the grantee's options include—I.Replacing the project director.The
grantee must request written approval of the replacement from the NRCS administrative contact end must include the
qualifications and the signature of the replacement signifying his or her willingness to serve on the project ii.
Subcontracting to the former project directors new organization.The grantee must request approval from the
administrative contact to replace the project manager and retain the award,and to subcontract to the former project
director's new organization certain portions of the project to be completed by the former project director.III.Relinquishing
the award.The grantee must submit to the NRCS administrative contact a signed leder by the grantee and the project
director that indicates that the grantee is relinquishing the award.The letter must include the date the project director is
leaving and a summary of progress to date.A final Standard Form(SF)425 reflecting the total amount of funds spent by
the recipient must be attached to the letter.
3.Transfers the award to his or her new organization,the authorized organization's representative et the new
organization must submit the following to the NRCS administrative contact as soon as the transfer data Is firm and the
amount of funds to be transferred is known:I.The forms and certifications included in the application package ii.A
project summary and work statement covering the work to be completed under the project(deliverables and objectives
must be the same as those outlined in the approved proposal)ill.M updated qualifications statement for the project
director showing his or her new organizational affiliation iv.My cost-sharing requirements under the original award
transfers the new institution;therefore,cost-sharing information must be Included in the proposal from the new
organization
Note:The transfer of an award from one organization to another can take up to 90 calendar days to accomplish,which
may result in a delay In the project director resuming the project at the new organization.
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d.Budget Revisions.—Budget revisions will be in accordance with 2 CFR Part 200.308.
e.No-Cost Extensions of Time—When a no-cost extension of lime is required,the recipient must submit a written
request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award. The
request must contain the following: The length of additional time required to complete the project and a justification for
the extension A summary of progress to date An estimate of funds expected to remain unoblIgated on the scheduled
expiration date A projected timetable to compete the portions of the project for which the extension is being requested
Signature of the grantee and the project director A status of cost sharing to date(If applicable)
Note:An extension will not exceed 12 months.Requests for no-cost extensions received after the expiration of the
award will not be granted.V.PAYMENTS
a.Payment by NRCS to the entity will be made monthly or quarterly(whichever Is mutually agreed upon by both parties)
on a reimbursable or advanced basis upon completion of work outlined herein.Payment will be executed upon the
submission of a properly executed form SF-270 with supporting documentation.The SF-270 must cite the agreement
number,remittance address,and billing period.The SF-270 must be sent to the NRCS administrative contact at the
email address identified in block 8 of the Notice of Grant/Agreement Award.
b.Unless otherwise specified in the award,the recipient must receive payments through electronic funds transfers.
c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant
to procedures contained in the Federal administrative provisions and 31 CFR Part 205.
d.The method of payment between the recipient and its contractors will he in accordance with the policies and
procedures established by the recipient except that the contractors may not use the USDA Office of Financial
ManagementlNatlonal Finance Center method to request payments. If the grantee makes advance payments to
contactors,the grantee must ensure that the timing of such payments Is designed to minimize elapsed time between the
advance payment and the disbursement of funds.Payment requests from the grantee's contractors will not be sent to
NRCS for review or approval.
e.Accounting records for all costs Incurred under this award must be supported by source documentation.Such
documentation includes,but is not limited to,canceled checks,paid bills,payroll records,and subaward documents.
Labor cost charges to this award must be based upon salaries actually earned and the lime actually worked on this
award.All project costs must be incurred within the approved project period of this award,Including any approved no-
cost extension of time.Costs that cannot be supported by source documentation or that am incurred outside of the
approved project period and budget may be disallowed and may result In award funds being returned to the Federal
Government by the recipient
VI.ACCRUALS
a.Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to
the end of the quarter(submit by March 15,June 15,September 15 and December 15th).b.An accrual represents the
value of goods or services provided to NRCS for which you have not requested payment. The quality and completeness
of NRCS audited financial statements depends on your continuing cooperation and timely information.c.At a minimum,
the signed accrual statement should include,'Under agreement number ,at the close of the quarter ending
we have provided or anticipate providing goods or services that we have not requested payment for in the amount of
S_'Include the name and title of the person preparing the accrual estimate.
VII.FINANCIAL REPORTING
a.Recipients must submit a Federal Financial Report(FFR).SF 425 and 425A in accordance with the following
schedule:
Ouartedy Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to
June 30 July 31 July 1 to September 30 October 31
Reports must be submitted on an accrual accounting bards.Failure to submit reports in accordance with the above
schedule may result in suspension or termination of award.
b.A final Report must be submitted no later than 90 calendar days after the completion of the award.For final FFRs,
reporting end date must be the end date of the project or agreement period.The reports should be submitted to the
NRCS administrative contact Identified In award notifications,
VIII. PERFORMANCE MONITORING AND REPORTING
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a.The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS.if the project involves
subaward arrangements,the recipient Is also responsible for monitoring the performance of project activifes under those
arrangements to ensure that approved goals and schedules are met.
b.Every 8 months the recipient must submit a written progress report.Each report must cover-1.A comparison of
actual accomplishments with the goals and objectives established for the reporting period and,where project output can
be quantified,a computation of the costs per unit of output.
2.The reasons why goals and objectives were not met if appropriate.
3.Additional pertinent information Including,where appropriate,analysis and explanation of cost overruns or high unit
cost.
c.The recipient must submit a final performance report within 90 calendar days after completion of project.
IX.AUDIT REQUIREMENTS
The recipient Is responsible for complying with audit requirements Si accordance with 2 CFR 200,Subpart F.A non-
Federal entity that expends$750,000 or more during the non-Federal enttys fiscal year in Federal awards must have a
single or program-specific audit conducted for that year.
X.SPECIAL PROVISIONS
a.The redplent assures and certifies that it will comply with the minimum-wage and maximum-hour provisions of the
Federal Fair Labor Standards Act.
b.Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States.To
this end,they may not participate as directors,officers,employees,or otherwise serve or hold themselves out as
representatives of the recipient.They also may not assist the recipient with efforts to lobby Congress or to raise money
through fundraising efforts.Further,NRCS employees must report to their immediate supervisor any negotiations with
the recipient concerning future employment and must refrain from participation in efforts regarding such parties until
approved by the agency.
c.Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes
under this agreement.
XI.PATENTS,INVENTIONS,COPYRIGHTS,AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER
a.Allocation of rights of patents,Inventions,and copyrights must be in accordance with 2 CFR Pat 200.315.This
regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention
developed with USDA support
b.In accordance with 37 CFR Section 401.14,each subject Invention must be disclosed to the Federal agency within 2
months after the inventor discloses It in writing to contactor personnel responsible for patent maters.Invention
disclosure statements pursuant to 37 CFR Section 401.14(c)must be made in writing to:
Acquisitions Division Grants and Agreements Services Branch 1400 Independence Avenue,SW.Room 6823 South
Building Washington,DC 20250
c. USDA receives a royalty-free license for Federal Government use,reserves the right to require the patentee to license
others in certain drwmstances,and requires that anyone exclusively licensed to seg the invention In the United States
must manufacture it domestically.
d.The following acknowledgment of NRCS support must appear in the publication of any material,whether copyrighted
or not,and any products in electronic formats(World Wide Web pages,computer programs,etc.)that Is substantially
based upon or developed under this award:
•'This material Is based upon work supported by the Natural Resources Conservation Service,U.S.Department of
Agriculture,under number[recipient should enter the applicable award number here].-
In addition,all publications and other materials,except scientific articles or papers published in scientific Journals,must
include the following statement
•'Any opinions,findings,conclusions,or recommendations expressed in this publication are those of the author(s)and
do not necessarily reflect the views of the U.S.Department of Agriculture."
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e.All publications printed with Federal Government hinds will include the most current USDA nondisaiminalion
statement available from the Public Affairs DMsion,CivN Rights DMaon,or on the USDA and NRCS home pages. If the
material Is too small to permit the full nondiscrimination statement to be included,the material must,at a minimum.
include the statement
•'USDA Is an equal opportunity provider and employer:Any publication prepared with funding from this agreement
must Include acknowledgement to USDA.Natural Resources Conservation Service.'
The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews,
including popular media such as radio,television,and news magazines,that discuss in a substantial way work funded by
this award.
XII.COST-SHARING REQUIREMENTS
a.If the award hes specific cost-sharing requirements,the cost-sharing participation in other projects may not be
counted toward meeting the specific cost-share requirement of this award,and must come from non-Federal sources
unless otherwise stated in the applicable program announcement.
b.Should the recipient become aware that it may be unable to provide the cost-sharing amount Identified In this award,it
must-1. Immediately notify the NRCS administrative contact of the situation.2.Specify the steps it plans to take to
secure replacement cost sharing.3.Indicate the plans to either continue or phase out the project In the absence of cost
sharing.
c. If NRCS agrees to the organization's proposed plans,the recipient will be notified accordingly. if the organization's
plans are not acceptable to NRCS,the award may be subject to termination.NRCS modifications to proposed cost
sharing revisions are made on a case-by-case basis.
d.Failure by the recipient to notify NRCS in accordance with paragraph(b)above may result in the disallowance of
some or all the costs charged to the award,the subsequent recovery by NRCS of some of the NRCS funds provided
under the award,and possible termination of the award,and may constitute a violation of the terms and conditions of the
award so serious ea to provide grounds for subsequent suspension or debarment
e.The recipient must maintain records of all project costs that am claimed by the recipient as cost sharing as well
records of costs to be paid by NRCS. If the recipients cost participation includes in-kind contributions,the basis for
determining the valuation for volunteer services and donated property must be documented.
XIII.PROGRAM INCOME
Income derived from patents,Inventions,or copyrights veil be disposed of In accordance with the recipient's own
policies.General program income earned under this award during the period of NRCS support must be added to total
project funds and used to further the purpose and scope of this award or the legislation under which this award Is made.
XIV.NONEXPENDABLE EQUIPMENT
Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to
purchase only American-made equipment and products.Ne to nonexpendable equipment purchased with award funds
will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports.When
equipment is no longer needed by the recipient and the per-unit fair market value is less than$5,000,the recipient may
retain,sell,or dispose of the equipment with no further obligation to NRCS.However,If the per-unit fair market value is
$5,000 or more,the recipient must submit a written request to the NRCS administrative contact for disposition
instructions.
XV.LIMIT OF FEDERAL LIABILITY
The maximum financial obligation of NRCS to the recipient Is the amount of funds indicated in the award as obligated by
NRCS.However,in the event that an erroneous amount is stated on the approved budget or any supporting document
relating to the award,NRCS will have the unilateral right to make the correction and to make an appropriate adjustment
in the NRCS share of the award to align with the Federal amount authorized.
XVI. MODIFICATIONS AND TERMINATIONS
NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the
recipient and NRCS.The award Is subject to termination if NRCS determines that the redpient has failed to comply with
the terms and conditions of the award.In the event that the award is terminated,the financial obligations of the paries
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will be those set forth in 2 CFR Pad 200.339.
XVII.AWARD CLOSEOUT
Award doseout is the process by which NRCS determines Mat all required project activities have been performed
satisfactorily and all necessary administrative actions have been completed.
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