Agenda 09/10/2019 Item #16D19 (Amendment #1 to Agreement #CM918)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 1 to Agreement No. CM918 between the Department
of Environmental Protection Florida Coastal Management Program and Collier County, (Paradise
Coast Blueway Paddling Trail Mapping Project), to revise the Project Work Plan to extend the
deliverable date to September 30, 2019, to allow a final review of the map to assure full compliance
with all grant requirements.
OBJECTIVE: To develop maps and user information for Phases II and III of the Paradise Coast
Blueway Paddling Trail.
CONSIDERATIONS: On October 13, 2017, Collier County received a notice of funding availability
from the Florida Department of Environmental Protection (FDEP) Coastal Partnership Initiative Program.
The FDEP provides grant funding for planning activities, land acquisition, small construction, or capital
improvement projects.
On December 12, 2017 (Agenda Item #16D3) the Board of County Commissioners (Board) approved an
“after-the-fact” grant application submission to the FDEP Coastal Partnership Incentive Program, seeking
$15,000 in funding with a 100% match for a total project cost of $30,000. The Collier County Parks and
Recreation Division received notification of the grant award on April 2, 2018.
On July 10, 2018 (Agenda Item #16D8) Collier County entered into the grant agreement which reflected a
final deliverable due date of July 31, 2019.
Collier County Parks and Recreation Division has been working on the Paradise Coast Blueway Trail
development designed for paddlers of all skill levels. The Paradise Coast Blueway Paddling Trail is a
mapped trail on the water, with sign markers along the route, for paddlers to safely navigate and explore
the coast and inland waters of Collier County. The project began with the Ten Thou sand Islands section,
known as Phase I, that covered the wilderness area between Everglades City and Goodland. Phases II and
III have continued by providing unparalleled access to natural resources in Collier County such as
Rookery Bay and other points of interest.
The proposed amendment is to the Project Work Plan. This amendment is necessary to extend the
deliverable date to September 30, 2019, to allow a final review of the map to assure full compliance with
the grant requirements. Based on communications with the grantor agency it has been indicated the
extension will be granted.
FISCAL IMPACT: The proposed action has no new fiscal impact. Funds are budgeted within Public
Service Grant Fund (709), Project 33573.
GROWTH MANAGEMENT: There is no Growth Management impact associated with this
recommendation.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATIONS: To approve Amendment No. 1 to Agreement No. CM918 between the
Department of Environmental Protection Florida Coastal Management Program and Collier County to
revise the Project Work Plan.
16.D.19
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09/10/2019
Prepared By: Hilary Halford, Sr. Grant & Housing Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. Blueways Agreement Amendment 1 stamped (PDF)
2. [LINKED] ORIGINAL GRANT CONTRACT (PDF)
16.D.19
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09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.19
Doc ID: 9859
Item Summary: Recommendation to approve Amendment No. 1 to Agreement No. CM918
between the Department of Environmental Protection Florida Coastal Management Program and Collier
County, (Paradise Coast Blueway Paddling Trail Mapping Project), to revise the Project Work Plan to
extend the deliverable date to September 30, 2019, to allow a final review of the map to assure full
compliance with all grant requirements.
Meeting Date: 09/10/2019
Prepared by:
Title: – Community & Human Services
Name: Hilary Halford
08/19/2019 9:20 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
08/19/2019 9:20 AM
Approved By:
Review:
Community & Human Services Cormac Giblin Additional Reviewer Completed 08/19/2019 9:26 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 08/19/2019 2:42 PM
Community & Human Services Kristi Sonntag CHS Review Completed 08/19/2019 5:37 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 08/22/2019 8:29 AM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 08/22/2019 1:20 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 08/22/2019 1:44 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/22/2019 2:01 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/22/2019 4:59 PM
Grants Erica Robinson Level 2 Grants Review Completed 08/25/2019 2:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2019 8:42 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/27/2019 8:27 AM
Grants Therese Stanley Additional Reviewer Completed 08/29/2019 10:54 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/29/2019 11:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.D.19
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16.D.19.a
Packet Pg. 1612 Attachment: Blueways Agreement Amendment 1 stamped (9859 : Blueway Paddling Trail Amendment No. 1 to Agreement CM918)
16.D.19.a
Packet Pg. 1613 Attachment: Blueways Agreement Amendment 1 stamped (9859 : Blueway Paddling Trail Amendment No. 1 to Agreement CM918)
16.D.19.a
Packet Pg. 1614 Attachment: Blueways Agreement Amendment 1 stamped (9859 : Blueway Paddling Trail Amendment No. 1 to Agreement CM918)
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September 4, 2018
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Mr. Andy Solis, Chairman
Collier County Government
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
Re: DEP Agreement Number CM918
Paradise Coast Blueway Paddling Trail
Dear Mr. Solis:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Noah Valenstein
Secretary
As lead agency for the Florida Coastal Management Program (FCMP), the Department of
Environmental Protection, Florida Coastal Office is pleased to confirm the award of Coastal Zone
Management funds to Collier County Government in the amount of $15,000.00 for the sub -grant
period of July 1, 2018, through September 30, 2019
Enclosed is an executed copy of the award agreement (with attachments) for the sub -grant.
In future correspondence to the FCMP, please refer to your project by the DEP agreement number
and title referenced above, and direct the correspondence to Toni R. Clanton, Grant Manager, at
the address provided on page ten of the agreement.
The project manager may obtain the forms necessary for electronic sub -grant reporting
from the FCMP website at: http://www.dep.state.fl.us/cmp//grants/index.htm.
Congratulations on receiving the FCMP grant funds. We look forward to working with
you to protect and enhance the state's coastal resources.
Sincerely,
Rebecca Prado
Deputy Director
Florida Coastal Office
DEP AGREEMENT NO. CM918
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 pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 (hereinafter the "Department") and COLLIER COUNTY
GOVERNMENT, whose address is 3299 Tamiami Trail East, Suite 202, Naples, Florida 34112 (hereinafter the
"Grantee"), a local government to provide federal funding for PARADISE COAST BLUEWAY PADDLING TRAIL.
Collectively, the Department and the Grantee may be referred to as "Parties" or individually as a "Parry".
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, 2018, pursuant to Cooperative Agreement Award No.
NAI8NOS4190080, 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., Chapter 62S-4, Florida Administrative Code (F.A.C.), 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.
PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both Parties and end no later than September 30, 2019, inclusive.
The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2018 through the end
date of this Agreement. This Agreement may be amended to provide for additional services if additional funding
is made available by NOAA and/or the Florida Legislature.
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 $15,000 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
DEP Agreement No. CM918, Page 1 of 18
that this Agreement requires a cost sharing or match on the part of the Grantee in the amount of $15,000
in cash, in-kind, or third parry 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. The federal funds awarded under this Agreement may have Special Award Conditions restricting the
release of funds. 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. Any Special Award Condition restricting the release of funds will be described in
Attachment A, Project Work Plan, and include the requirements that no work commence for certain
Project activities under Attachment A, until FCMP and NOAA receive approval from the NEPA
Environmental Compliance Review and that associated costs shall not be eligible for reimbursement
until authorized by the NEPA Environmental Compliance approval.
C. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement..
i. 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.
D. 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.mAoridacfo.com/aadir/referenceug ide/. 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
November 15, 2019, 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
DEP Agreement No. CM918, Page 2 of 18
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.
E. 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 Forth 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 Services (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. Subcontracts which involve payments for
direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours
spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or
general and administrative rates) shall be supported by audit. If the Department determines
that multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar
days of written notification. Interest on the excessive charges shall be calculated based on the
prevailing rate used by the State Board of Administration. Non -consumable and/or
nonexpendable personal property or equipment costing $1,000 or more purchased for the
Project under a subcontract is subject to the requirements set forth in 2 CFR 200, Chapters 273
and/or 274, F.S. and Chapter 69-172, F.A.C., and/or Chapter 691-73, F.A.C., as applicable. 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.
F. 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 and uniform administrative
DEP Agreement No. CM918, Page 3 of 18
requirements for Federal Programs can be found under 2 CFR 200 and 2 CFR 1300, at
http://www.ecfr.gov.
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
DEP Agreement No. CM918, Page 4 of 18
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
of the Final Project Report shall be submitted electronically to the Department's FCMP Grant Manager
for approval. After approval by the FCMP, one (1) 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 31 st for each year
this Agreement is in effect.
6. RETAINAGE:
The following provisions apply if the Department withholds retainage under this Agreement:
A. The Department reserves the right to establish the amount and application of retainage on the work
performed under this Agreement to a maximum of ten percent (10%). Retainage may be withheld from
each payment to Grantee pending satisfactory completion of work and approval of all deliverables.
B. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to
or correct identified deficiencies within the timeframe stipulated in Attachment A. The Department
shall provide written notification to Grantee of identified deficiencies and the Department's intent to
withhold retainage. Grantee's failure to rectify the identified deficiency within the timeframe stated in .
Department's notice will result in forfeiture of retainage by Grantee.
C. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner,
Grantee shall forfeit its right to payment for the work and the retainage called for under the entire
Attachment A. Failure to perform includes, but is not limited to, failure to submit the required
deliverables or failure to provide adequate documentation that the work was actually performed.
D. No retainage shall be released or paid for uncompleted work while this Agreement is suspended.
E. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work,
provided Grantee has completed the work and submits an invoice for retainage held, in accordance with
invoicing procedures 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
DEP Agreement No. CM918, Page 5 of 18
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
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 51 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.
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
DEP Agreement No. CM918, Page 6 of 18
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.
C. 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.
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.
DEP Agreement No. CM918, Page 7 of 18
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:
haps:\\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. If the procurement is subject to the Consultant's
Competitive Negotiation Act under Section 287.055, F.S. or the Brooks Act, the Grantee must provide
documentation clearly evidencing it has complied with the statutory or federal requirements
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.
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
DEP Agreement No. CM918, Page 8 of 18
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 hLtp://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:
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:
A. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose
of lobbying the Florida Legislature or a State agency pursuant to Section 216.347, F.S., except that
pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed Agreement
between the Grantee and the State, the Grantee my lobby the executive or legislative branch concerning
the scope of services, performance, term or compensation regarding that Agreement. The Grantee shall
comply with Sections 11.062 and 216.347, F.S. If this Agreement is for more than $100,000, and if
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,
Disclosure of Lobbying Activities (Standard Form LLL), 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.
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
DEP Agreement No. CM918, Page 9 of 18
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.clantongdep.state.fl.us
B. The Grantee's Grant Manager (who may also be referred to as the Grantee's Project Manager or Point
of Contact) at the time of execution for this Agreement is identified below:
Nancy E. Olson, Manager
Collier County Parks and Recreation
15000 Livingston Road
Naples, Florida 34109
Telephone No.: 239-252-4000
Fax No.: N/A
E-mail Address: nanc olson2colliergov.net
C. The Grantee's Fiscal Agent at the time of execution for this Agreement is identified below:
Carrie Drew, Operations Analyst
Collier County Parks and Recreation
15000 Livingston Road
Naples, Florida 34109
Telephone No.: 239-252-4000
Fax No.: N/A
E-mail Address: carriedrew@collier og v net
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 3.0 should include the updated contact name(s) and/or information.
18. INSURANCE:
A. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain
insurance coverage of such types and with such terms and limits described below. The limits of
coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's
liability and obligations under the Agreement. All insurance policies shall be through insurers licensed
and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a
self-insurance program established and operating under the laws of Florida. Additional insurance
requirements for this Agreement may be required elsewhere in this Agreement, however the minimum
insurance requirements applicable to this Agreement are:
Commercial General Liability Insurance.
DEP Agreement No. CM918, Page 10 of 18
The Grantee shall provide adequate commercial general liability insurance coverage and hold
such liability insurance at all times during the Agreement. The Department of Environmental
Protection, its employees, and officers shall be named as an additional insured on any general
liability policies. The minimum limits shall be $200,000 each individual's claim and $300,000
each occurrence.
ii. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and
employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per
person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in
any work under the Agreement.
iii. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain
automobile liability, bodily injury, and property damage coverage. Insuring clauses for both
bodily injury and property damage shall provide coverage on an occurrence basis. The
Department of Environmental Protection, its employees, and officers shall be named as an
additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$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.
Additional insurance may be required by federal law, where applicable, if any work proceeds
over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbor
Worker'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.
B. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -
grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms
and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or
subcontractors, if any, to make compliance with the insurance requirements of this Agreement a
condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must
provide proof of insurance upon request.
C. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an
insurance trust, the Grantee shall instead add the Department of Environmental Protection, its
employees, and officers as an additional covered party everywhere the Agreement requires them to be
added as an additional insured. Further, notwithstanding the requirements above, if Grantee is self-
insured, then the Department of Environmental Protection, its employees, and officers do not need to
be listed as additional insureds.
D. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money
representing a deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of the Grantee providing such insurance.
E. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department
documentation demonstrating the existence and amount for each type of applicable insurance coverage
prior to performance of any work under this Agreement. Upon receipt of written request from the
Department, the Grantee shall furnish the Department with proof of applicable insurance coverage by
DEP Agreement No. CM918, Page 11 of 18
standard form certificates of insurance, a self-insured authorization, or other certification of self-
insurance.
F. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for
any reason, the Grantee shall immediately notify the Department of such cancellation and shall obtain
adequate replacement coverage conforming to the requirements herein and provide proof of such
replacement coverage within ten (10) calendar days after the cancellation of coverage.
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, DEP 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:
If the Grantee's Project involves environmentally -related measurements or data generation, the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications, standards,
and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss
of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this
Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and
the Quality Assurance Requirements for Department Agreements, as Attachment I, Quality Assurance
Requirements for Contracts and Grants If the Project does not involve environmentally -related measurements
or data generation, this Attachment shall not be required and shall be intentionally excluded from this Agreement
23. DISCRIMINATION:
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 se .
DEP Agreement No. CM918, Page 12 of 18
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.
D. Grantee must identify any products that may be used or adapted for use by visually -impaired,
hearing-impaired, 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. CM918, Page 13 of 18
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
hgp://www.dep.state.fl.us/cMp/uants/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. NAI8NOS4190080.
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 sub -agencies."
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/g,rants/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.
DEP Agreement No. CM918, Page 14 of 18
E. Acknowledgment Requirement for Interpretive Signs & Banners: Interpretive signs and banners must
include the NOAA, Department and FCMP logos.
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 for Department of Commerce Funded Agreements, attached hereto and
made a part hereof.
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. Public Records
If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department
in its performance of services under the Agreement, the Grantee must allow public access to
all documents, papers, letters, or other material, regardless of the physical form, characteristics,
or means of transmission, made or received by the Grantee in conjunction with the Agreement
(Public Records), unless the Public Records are exempt from section 24(a) of Article I of the
Florida Constitution or section 119.07(1), F.S.
ii. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow
public access to Public Records as required by law.
B. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If the Grantee is a
"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply:
i. Keep and maintain Public Records required by the Department to perform the service.
ii. Upon request, provide the Department with a copy of requested Public Records or allow the
Public Records to be inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119, F.S., or as otherwise provided by law.
DEP Agreement No. CM918, Page 15 of 18
A contractor who fails to provide the Public Records to the Department within a reasonable
time may be subject to penalties under section 119.10, F.S.
iv. Ensure that 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
contract term and following completion of the contract if the contractor does not transfer the
Public Records to the Department.
V. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in
possession of the contractor or keep and maintain Public Records required by the Department
to perform the service. If the contractor transfers all Public Records to the Department upon
completion of the contract, the contractor shall destroy any duplicate Public Records that are
exempt or confidential and exempt from Public Records disclosure requirements. If the
contractor keeps and maintains Public Records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining Public Records. All Public Records stored
electronically must be provided to the Department, upon request from the Department's
custodian of Public Records, in a format specified by the Department as compatible with the
information technology systems of the Department. These formatting requirements are
satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,
Adobe, or Excel, and any software formats the contractor is authorized to access.
vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119,, F.S., TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT
THE DEPARTMENT'S CUSTODIAN OF PUBLIC
RECORDS AT:
Telephone: (850) 245-2118
Email: public. serviceskdep.state. fl.us
Mailing Address: Department of Environment Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 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.
DEP Agreement No. CM918, Page 16 of 18
1. Scrutinized Companies.
A. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee or its subcontractors are found to have submitted a false
certification; or if the Grantee, or its subcontractors are placed on the Scrutinized Companies that
Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
B. If this Agreement is for more than one million dollars, the Grantee certifies that it and its
subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S.,
the Department may immediately terminate this Agreement at its sole option 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 the Scrutinized Companies that Boycott the Scrutinized
Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term
of the Agreement.
C. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the
performance of work under this Agreement.
D. 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.
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. CM918, Page 17 of 18
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
COLLIER T OVE
4
By:
Signature of Person Authorized to Sign
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PRO CTION
k�we_ -
Secretary or designee
Andy Solis, Chairman
Rebecca Prado, Deputy Director
Date: - \, - CLDate:
CRYSTAL K. KINZEL,
AT T_:T: CLERK Approved as to form and legality
FEE[) No.: 59-6000558
DUNS No.: 187217526y'
ttest as t0 Irm Ass'. ant Chancy At , ry
CFDA No.: 11.419 signature Only. - ag l,g
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 (3 Pages)
Attachment
B
Payment Request Form (9 Pages)
Attachment
C
Contract Payment Requirements (1 Pagel
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 Attachment Intentionally Excluded
Attachment
H
DEP Property Reporting Form Attachment Intentionally Excluded
Attachment
I
Quality Assurance Requirements for Attachment Intentionally Excluded
Attachment
7
Photographer Release Form & Model Release Form (3 Pages)
Attachment
K
Contract Provisions for Department of Commerce Funded Agreements (5
Pages)
DEP Agreement No. CM918, Page 18 of 18
ATTACHMENT A
PROJECT WORK PLAN
DEP Agreement # CM918
Project Title: Paradise Coast Blueway Paddling Trail
Grantee
Organization Name: Collier County Government
Chief Elected Official or Agency Head: Leo E. Ochs, Jr.
Title: County Manager
Address: 3299 Tamiami Trail East, Suite 202
City: Naples
Zip Code: 34112-5746
Area Code and Telephone Number: 239-252-8383
Area Code and Facsimile Machine Telephone Number:
E -Mail Address: leoochs e,collier og vnet
Project Manager
Organization Name: Collier County Parks and Recreation
Name: Nancy E. Olson, Manager
Address: 15000 Livingston Road
City: Naples
Zip Code: 34109
Area Code and Telephone Number: 239-252-4000
Area Code and Facsimile Machine Telephone Number:
E -Mail Address: nancyolson@colliergov.net
Fiscal Agent
Organization Name: Collier County Parks and Recreation
Name: Carrie Drew, Operations Analyst
Address: 15000 Livingston Road
City: Naples
Zip Code: 34109
Area Code and Telephone Number: 239-252-4000
Area Code and Facsimile Machine Telephone Number:
E -Mail Address: carriedrew@colliergov.net
DEP Agreement No. CM918, Attachment A, Page 1 of 3
FEID No.: 5959-6
DUNS No.: 0769
Location: Collier County
Coastal and Inland Waters —Hydraulic Unit 403090201
Scope of Work: effort began with the Ten Thousand Islands section,
The paradise coast blue -way
trail development lades City and Goodland. The
e the most challenging and cover the wilderness areas within
will
known as Phase I which covers the wilderness area between ver Refu e The project
main trail and six day -trip routes ar
b developing maps and user information for
National Park and the Ten Thousand Islands National Wildlife d includes
Everglades base y
continue to build on the success of the first p addlers. Phase III will be the
of the blueway. Phase II will cover the b e afire for pGordon Pass area
Phase II and III a prime and easily accessi
routes through Rookery Bay, the Gordon River in Naples, and a coastal route along the
okalee as a day trip.
simplest to plot. It includes a trip upe Lake to the County's border
o the northern county line. It will also 1 f the blueway, stretching mm While
beaches t portion o
While Phase I focused on the southern P bases move north, into
to re developed
e eresources such as
with Monroe eas
County, the next remaining p una arelled access
providing PPthe coast and inland areas
Phase II and III will continue with p populate areas along arks, neighborhoods
Rookery Bay, users will be able to travel throughDints, amenities, hazards, p
through restaurant destinations, the grantee will contract with Turrell,
h the Gordon River. This includes access p staff from the Parks and Recreation
and commercial areas with retail and
utilize existing County bases of the
Hall & Associates. Thep j
p s for both p
t least 60 -
De artment to assess the project areas, collect data and develop map
' ect area the County will lease a boat and trailer project will include
p the prod
blue -way. To effectively map
along with a GPS unit with soundeother costs needed to support
90 days
fuel, a nautical chart and office/field supplies.
DEP Agreement No. CM918, Attachment A, Page 2 of 3
Total Budget Summary:
AGREEMENT TOTAL
Categories
Contractual
SUB -TOTAL BY TASK
Categories
Grant Match
$15,000.00 $15,000.00
TOTAL GRANT FUNDS
Task 1 TOTAL BY
CATEGORY
Contractual
SUB -TOTAL BY TASK
$15000-00
$15,000.00
$$ 1-51000.00
$15,000.00
TOTAL MATCH FUNDS
BY
Task 1
CATEGORY
$ 15,000.00 $ 15,000.00
$15,000.00 $15,000.00
Task 1: ($30,000)f the blueway paddling trail as described in the scope of
The grantee will complete phase II & III o
work.feted map.
e: A y of the lease agreement for equipment use, invoices and the comp
Deliverabl copy
Due Date/Frequency/Performance Period: May 31, 2019
Requests for payment must be made within 15 days of completion of the deliverable.
The Department will review the deliverable(s) to ensure it meets the
Performance Measure.•
d in the Task Description, above.
specifications provide
Fundin for Task 1: Grant Funds Match Funds
Cate o $ 15,000.00 $ 15,000.00
Contractual: $15,000.00 $15,000.00
TASK TOTAL:
NOAA and FCMP logos. A sample or electronic
All materials created must include DEP, al from the FCMP
t to Toni.R.Clanton de .state.fl.us or send to 3900 Commonwealth
version is required to be senprior receive
Blvd. MS 4235 Tallahassee, Florida 32399-3000 no agreement foraspecific details.)
Administrator. (See paragraph 27(A) of your
DEP Agreement No. CM918, Attachment A, Page 3 of 3
ATTACHMENT B
PAYMENT REQUEST FORM
Grantee's Grant Manager:
Grantee:
Mailing Address:
Payment Request No.:
DEP Agreement No.: CM918
Performance Period: _
Date Of Request: Deliverable No:
Total Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
Date of Grant thro
AMOUNT OF
CATEGORY OF EXPENDITURE THIS CLAIM
Salaries
Fringe Benefits
Travel
Equipment Purchases
Supplies
Contractual Services
Other Expenses
Indirect
TOTAL AMOUNT
GRANT BUDGET AMOUNT
Less Total Cunialative Payments of.
REMAINING B UDGET IN GRANT
2 End- -Grant r— anant Period
TOTAL
TOTAL MATCHING
CUMULATIVE
CUMULATIVE FUNDS
MATCHING
FCMP CLAIMED
FUNDS
CLAIMS
GRANTEE CERTIFICATION quested for reimbursement above
The undersigned certifies that the amount being re Q ant activities.
was for items that were charged to and utilized only for the above cited gr
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. CM918, Attachment B, Page 1 of 9
Nf
DEPARTMENT OF ENVMAGEM NT PROGRAMN
PROTF
FLORIDA COASTAL
INSTRUCTIONS FOR COMPLETING
ATTACHMENT
FORM
PAYMENT REQUEST
GRANTEE: Enter the name of the grantee's agency.
Enter the address to which you want the state warrant sent.
MAILING ADDRESS: our rant agreement that starts with CM918
DEP AGREEMENT NO.: This is the number on y i the report. line for the
VEST: This is the date you are submitting p
DATE OF REQ RE VESTED: This should match the amount on the "TOTAL AMOITNT"
TOTAL AMOUNT Q in the grant agreement.
"AMOUNT C THIS CLAIM' column. person identified as grant manager
T MANAGER: This is the p payment request, not the quarter number.
GRANTEE'S GRAN This is the number of your payor period,
PAYMENT REQUEST NO.: and ending date of the reporting p
A1�10E PERIOD: This is the be LES for which you are requesting payment*
PERFORM. Enter the number of the DELIVERAB ( )
DELIVERABLE NO.:
GRANT EXPENDITURES SUMMARYSECTION: aid out for all listed deliverables during
" COLUMN: Enter the amount that was p y et category as in the currently
enses
"AMOUNT OF THIS RE QST reimbursement. This must be
rb ran Agreement. Do not claim exp
period for which you are requesting or amendment of y g
the invoice p pro ect Work Plan), BUDGET
roved budget in Attachment A ( J n a roved budget. Do not claim itemsthat
COMBINE ally identified m
app o that does not have a pp amount on the
in a budget categ ry
AMOUNT" line. Enter the FCMP budget on
the current Budget Narrative section total on the eTOTAL AM T ALTER nest and all previous Payments
CATEGORIES• Enter the column
PAYMENTS OF" line. Deduct the 'LESS TOTAL
BUDGET IN PGRANT'ine• TS O
°° RANT BUDGET AMOUNT" line. Enter the total cumulative amount of this req
G CUMULATIVE
the "LESS TOTAL CUMU OUNT" for the amount to enter on the REM
from the "GRANT BUDGET AM first claim through the
lei COLUMN: Enter the cumulativeotal of all clahmshave been chime to
"T AL CUMULATIVE FCMP C G IN THE
expenses by budget category. The final report should show t
date for FCMP p lump total on the "TOTAL AMOUNT" line. DO NOT ENTER ANYTIHN
final claim, etc. Enter the co
SHADED AREAS.
D" COLUMN: If applicable, enter the amount g o whatIs n the currently atch for e
°MATCHING FUNDS
CLAIMED ecif1c budget categories according Enter the
reporting period. This needs to be shown under sp Enter the total cumulative amount of
(Project Work Plan). Enter the total on the "TOTAL AMOUNT" line for this co u
' line for this column.
approved Attachment A ( J LATIVE PAYMENTS OF line for this column-
ed
match budget amount on
claimed ,GRANothe BUDGET e "ESS TOT UNIU
's and any previous PAYMENTS OF" from the "GRANT BUDGET AMOUNT" for the amount to
this
Deduct the "LESS TOTAL B � �T � GRANT'line, you have
enter on the,,REMAINING applicable' enter the cumulative amount final
S" COLUMN: If app
'TOTAL CUMULATIVE MATCHING FUND etc. DO NOT ENTER ANYTHING IN
b budget category. Put the total of all on the line titled "TOTAL AMOUN
claimed to date for match y
h the final claim,
report should show the al of all claims, first claim through er and the
THE SHADED
ATION: Must have the original signature of both the Grantee's Grant Manager
GRANTEE CERTIFIC rant agreement.
Grantee's Fiscal Agent as identified in the g
DEP Agreement No. CM918, 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. CM918, Attachment B, Page 3 of 9
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561
TION
DEPARTMENT COASTAL MANAGEMENT PROGRAM
N
FLORIDA
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B, EXHIBIT - I
SCHEDULE OF INVOICES FOR REIMBURSEMENT
This is the number on your grant agreement that starts with CM918
DEP AGREEMENT NO.: e of the grant agreement.
date of the reporting period.
PROJECT TITLE: Enter the Title shown onpg and en ding
PERFORMANCEe f
PERIOD: This is the begyou are requesting payment'
DELIVERABLE NO.: Enter the number of the deliverable for whit y
roved budget categories
DELIVERABLE AMOUNT REQUESTED: This is the total amount of expenses from all app
for the deliverable.
n itemized listing of expenditures for Salaries, if applicable. Include the invoice number, invoice ate,
Salaries: Provide a urchased, vendor name, invoice amount, date of the transaction, check
description of the goods or services p applicable' Include the invoice
of ex enditures for Fringe Benefits, if app
number/voucher number, check amount/transaction number, and amount claimed. name, invoice amount, date of the transaction,
Fringe Benefits: Provide an itemized e or services purchased, vendor
number, invoice date, description of the goods
of expenditures for Travel, if applicable. Include the invoice number, invoice date,
check number/voucher number, check amount/transactioninumber, and amount claimed.
Travel: Provide an itemized listing
' tion of the goods or services purchased, vendor name,
, invoice amount and amount claim include
of the transaction, check
number, invoice
description
applicable'
Include the invoice
number/voucher number, check amount/transaction num
Equipment: Provide an itemized listing ofchased,�vrendores rnamuep invoice amount, date of the transaction, check
date, description of the goods or services p
Supplies, o applicable. Include the invoice number, invoice date,
number/voucher number, ch eck d listing of expenditures for Suppd amount claime .
Supplies: Provide an items invoice
' tion of the goods or services purchased, vendor nber sand amount clatimeddate of the transaction, checkInclude the
description applicable-
number/voucher
of expenditures for Contractual Services, if
number, check amount/transaction number,
Contractual Services: Provide an itemized listing p
invoice date, description of the goods or services purchased, vendor name, invoice amount, date oft e
invoice number, my eras, if applicable. Include the invoice
transaction, check number/voucher number, chef expenditures for Other Expenses,
and amount applicable'
I amount,date of the transaction,
Other Expenses: Provide an itemized listing o p
number, invoice date, description of the goods or services purchased, vendor name, nvoice
o be charged to this Deliverable, if applicable. Provide percentage
check number/voucher number , check a of he indirect t n number, and amount claimed.
Indirect Charges: Provide the amount
or rate used for calculation.
A SCHEDULE OF INVOICES FORM I5 REQUIRED FOR EACH DELIVERABLE'
RABLES: Deliverables must be submitted and
** PAYMENT WILL
BE BASED ON COMPLETION OF DELIVE
approved prior to payment * *
DEP Agreement No. CM918, Attachment B, Page 6 of 9
Q
ENVIRONMENTAL pROTECTIO
DEPARTMENT OMANAGEMEN PROGRAM N
FLORIDA COASTAL
INSTRUCTIONS FOR COMPLETING
ATTACHMENT CHEDULE OF MATCH
_ II
H
our ant agreement that starts with CM918
This is the number on y � rant agreement.
DEP AGREEMENT NO.: page of the g period.
PROJECT TITLE: Enter the Title shown on the first d ending date of the reporting p
PERFORMANCE PERIOD: This is the beginningfor which ou are requesting payment' roved
Enter the number of the deliverable
l Verable s the total amount of match expenses from all app
DELIVERABLE NO.: OUNT CLAIMED: This
DELIVERAeE forthe MATCH elivAeerrable.
budget categories
1
of match for Salaries, if applicable. Include the invoice number, invoice ate,
Salaries: Provide an itemized listing of
vendor name,
invoicemount amount
claidate
of the transaction, check
description of the goods or services p
of match for Fringe Benefits, if applicable. Include the invoice
number/voucher number, check amount/transaction number, and sed vendor name, invoice mount, date of the
Fringe Benefits: Provide an itemized listing or services purchased,
number, invoice date, description of the goods
if applicable. Include the invoice number, on check
date,
check number/voucher number, check amount/trapnsaction number, and amount claimed.'
transaction, of in for Travel,
Travel: Provide an itemized listing purchased, vendor name, invoice amount, date of the trap
description of the goods or services p
ansaction ui ment, if applicable. Include the invoice number,
number/voucher number, check a listing of math for Equipment, and amount scab invoice amount, date of the transaction,
Equipment: Provide an itemized goods or services purchased, vendor name,
invoice date, description of the g
match for Supplies, if applicable. Include the invoice number, invoice
check numb item!
number, check amonunt/transaction number, and amount claimed,date of the transaction, check
Supplies: Provide an itemized listing o
date, description of the goods or services purchased, vendor name, invoice amount, applicable. Include the
itemized listing of in for Contractual Services,
name, invoice amount, date of
number/voucher number, check amount/transaction a t//transaction number, and amount claimed.en
Contractual Services: Provide an nods or services purchased,d.
invoice number, invoice date, description m the g other Expenses, if applicable. Include the invoice
check number/voucher number, check amount/transactionor O pnumber, and amount cl nimdate of the
the transaction, of match
Other Expenses: Provide an itemized listingvendor name,
er invoice date, description of the goods check amount/transa t oor services purchased�n number, and amountnumbunt invoice claimed.
,
transaction, check number/voucher numbs rREREQUIRED FOR EACH DELIVERABLE'
A SCHEDULE OF MATCH FORM I
D ON COMPLETION OF
PAYMENT WILL DELIVERABLES: Deliverables must be submitted
** ay enSE
and approved prior to p ym
DEP Agreement No. CM918, Attachment B, Page 9 of 9
ATTACHMENT C
Contract Payment Requirements ate Expenditures
l Servicesq Reference Guide for St
Florida Department of Finanost Reimbursement Contracts
supported by an itemized listing of expenditures by category
salary,
ment is being
which reimburse
invoices for cost reimbursement
contracts must
Cation mube st be provided for each amountlieu or copies of actual becks. Each
Inv orting docu be provided roved
travel, expenses, etc.). Supp aid. Check numbers may p categories in the app
claimed indicating
that the item has been p ex enditures for
piece of documentation should clearly
reflect the dates of service. only p
p et should be reimbursed. contract budget the minimum requirements:
les of the types of documentation representing a olI register should
atioListed below are examples should be If an individual for
A payroll register or similar document
benefitsnot other deductions land net Pay- the hours
(l) Salaries: show gross salary charges, fringe aid by the hour, a document reflecting
whom reimbursement is being claimed is p
worked times the rate of pay will be acceptable.
supported by invoices showing
the amount paid on behalf of the
Benefits: Fringe Benefits should be Supp If the contract specifically states thata fringe,
(2) Fringeemployee (e.g., insurance premiums paid).
ed ercentage rather than the actual cost of fringe
benefits will be based on a specie benefits amount must be shown.
then the calculation for the fring
vide check numbers or copies of
Governmental entities are not required to pro
Exception: CT benefits.
checks for fringe
for travel must be in accordance with Section 112.vouc061, Florida
or rid tropic meanhich
St
Reimbursement roved Stat
(3) Travel: includes submission of the claim on the app
t will be made based on paid invoices/receipts�o is on forethe trlansfer of the
Is
Reimbursement roransf to show
(4) Other direct costs: purchased using State funds, the contract should include a p 17, Florida
property to the State when services are terminated.gment Services Documentation lest6d services and that
p Department of Manag
compliance with Dep at ng the requirements for contracts which include
Administrative Code, reg tangible personal property as defined in Section 273.02,
provide for the contractor to purchase tang
Florida Statutes for subsequent transfer to the State.
opies, etc.) may be reimbursed on
Charges which may be of an internal nature (e.g., postage, ccharged. The rates must be reasonable.
(5) In-house charges: which shows the units times the rate being
a usage log ecified rate, then the
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a sp
calculation should be shown•
d or contracts between universities � submit
r oth r detailed reports. to
Contracts between state agencies, an be in the form of FLAIR rep
request that may
substantiate the reimbursement req
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this we
address: h ://www•fldfs.com/aa�/reference uide.htm
DEP AgreementNo. CM918, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP A reement No.: CM918
Grantee Name:
Grantee Address:
Grantee's Grant Mana er:
Grant Mana eYRe o ting Period.,
Pro'ect Title:
lishments for this reporting period by task.
Provide a summary of project accomp
tin
eriod, rovide an
addressed du in there orex lanation.
Telephone No.:
If tasks were not
o Tete, Deliverable 1.2: 25% complete,
Deliverable 1.1: 75 /o comp
Provide the status of each deliverable. (e after the completion of Deliverable 1.1, Deliverable 2.2, etc.)
Deliverable 2.1, work scheduled to beg
ies of deliverables being submitted for this reporting period (e.g., Deliverable
Identify below, and attach cop _photographs, etc.)
1:1: copies of permits, Deliverable 1.2: before p
or
Provide an explanation for
DEP Agreement No. CM918, Attachment D, Page I of 2
encountered.
INSTRUCTIONS S FOR C T DPLETING
PROGRESS REPORT FORM
This is the number on your grant agreement that starts with CM918
DEP AGREEMENT EOer the name of the grantee's agency• page of the grant agreement.
GRANTEE NAME: ant manager in the grant agreement.
GRANTEE ADDRESS: Enter the address that is ar on identified as grer can be contacted.
NT MANAGER: Enter the pant manager GRANTEES GRA hone number where the gr
Enter the telephone Enter the grant manager's email address.
TELEPHONE NO.: IL DRESS: period; it can cover more than one
GRANT MANAGER'S EMI
and ending date of the reporting
gEPORTING PERIOD' This is the beginning
of the grant agreement.
quarter. Enter the Title shown on the first page
PROJECT TITLE: period by task. If tasks were not addressed
of project accomplishments this reporting
progress for each task that was
Provide a summary p provide an explanation(s). This section should showy he es ° or a task that was to start
during the reporting period, p period. If there was no p gr
scheduled to begin or be completed in the current reporting
completed, lease explain the reason. complete,
or be comp p o complete, Deliverable 1.2: 25%comp
Provide the his
status of each deliverable. (e.g., Deliverable 1.1: 75 /°
after the completion of Deliverable 1.11 Deli lin2he ��ent reporting
work scheduled to begin or be completed
Deliverable 2.1, for a deliverable, briefly
ed b the percentage completed. If there was no progress
section should show the status foreachdeliverable that was scheduled to egm
period. The status should be rep Deliverable 1.1:
state the reason. orting period (e.g.,
copies of deliverables being submitted for this rep
and attach cop' b hs, etc.). Ensure that any deliverables listed in the grant
Identify below, you may send copies of agendas or minutes of
copies of permits, Deliverable 1.2: before photographs, letion or progress towards a task.
p orting documentation to show the comp le: Deliverable 1.1 for
agreement, as well as those not
other �su p eluded. For instance, that they are associated with (for example:
meetings, photos of displays,
Label the deliverables by task and deliverable number(s)
task 19 deliverable 1). a of any
r an anticipated delays or any problems encountered. Provide a brief summary
Provide an explanation fo problems or delays.
anticipated or encountered p
Reports should be directed to the Department's Grant Manager, identified
Questions regarding completion of Progress p
in paragraph 17 of this Agreement.
DEP AgreementNo. CM918, Attachment D, Page 2 of 2
ATTACHMENT E
DEP AGREEMENT NO. CM918
Project Title
Grantee Name
Final Project Report
p,TMOSPyFR/c9
O �
Q z°
G
O�p"''NENT OF
art, through a grant agr
Bement from the Florida Department of Environmental Proteeae t
This report funded in p Pro am, by a grant pheric Administration
gr, rovided by the Office of ocean. and Coastal Resource Management
as amended, National Oceanc and Atmosp expressed herein
Florida CoastalalZone
ManagementManagement Act of 1972, or an of their sub -
under the Coastal Zone findings, conclusions and recommendations ex
and do not necessarily reflect the views of the State of Florida, NOAA y
Award No. NAI8NOS4190080. The views, statements,
are those of the author(s)
agencies.
Month & year
achment E, Page 1 of 4
DEP Agreement No. CM918, Att
Final Project Report for CM918
Project Title
DEP Agreement No. CM918, Attachment E, Page 2 of 4
DEP Agreement No, CM91g, Attachment E, Page 3 of 4
INSTRUCTIONS S FORCATTACHMENT EPLETING
FINAL PROJECT REPORT FORM
DEP AGREEMENT NO.: This is the number on your
grant
agreement that starts with CM918
E: Enter the name of the grantee's agency. ant agreement. Bement.
GRANTEE NAM e of the gr of the grant agr
PROJECT TITLE: Enter the Title shown on the first page
AWARD NUMBER: Enter the NOoAAaa number as shown on the first page
NOAA year publication-
MONTH &YEAR: Enter month and yMethodology, Outcome and
sections: Executive Summary, uirements in the Grant
complywith the publication req
The Final Project Report must contain the following ort must . A draft should be submitted electronically
Further Recommendations. The Final e ort toProject rso more than five pages ement Program,
one
royal. After approval by the Florida Coastal Management
will be held
Agreement. Please limit final project p p ent's Grant Manager. Final pay
to the Department's Grant Manager for p
and an electronic copy shall be submitted to the Depatm
had copy royal of the Final Project Report.
until receipt and app
letion
of the Final Project Report should be directed to the Department's Grant Manager,
Questions regarding comp
identified in paragraph 17 of this Agreement.
DEP Agreement No. CM918, Attachment E, Page 4 of 4
ATTACHMENT F
IT REQUI"MENTS
SPECIAL AUDIT
be referred to
al
d b the Dep Bement ent) to the recipient (which
'es awarded y
Department o amevin the contf"a t/agrion (tivhich may
The administration of resour „FDEP or Grantor
or other n e contrareement) may be subject to audits
as the "Department", 'DEP ,
�� Grantee" or other name in as described m this attachment.
may be referred to as the. "Contractor",
of Environmental Protection,
and/or monitoring by the Department
MONITORINGOUB Circular A-133, as revised, 2 CFR Part 200,
monitoring procedures may
include, but not
see "AUDITS" below), Circular A-133, as revised,
In addition to reviews of audit F conducted
as rev ed accord;
cordance with audits as defined by OMB reci fent agrees to
Subpart F, and Section 215.97, into this Agreement, the p Department of
De artment staff, limited scope centering ro riate by the
be limited to, on-site visits by F and/or other procedures. By
and 2 CFR Part 200, Subpart rocedures/processes deemed app p
monitoring p provided by the
1 and cooperate with any the Department of Environmental Protection determines that a limited scope
comply the event agrees f comply with any additional instructions p
Environmental Protection. re riate,
the recipient agr agrees to comply and cooperate with any
audit of the recipient is app p aiding such audit. The recipient further
Department to the recipient regarding
audits deemed necessary by the Chief Financial Officer or Auditor General.
Dep ations, o
inspections, reviews, investigations'
AUDITS
PART I: FEDERALLY FUNDED rofit organization as defined nOMB
government or a non -p or as defined in 2 CFR §200.330
This part is app Year start dates prior to December 26, 2014),
applicable if the recipient is a State or local
Circular A-133, as revised (for fiscal y
(for fiscal year start dates after December 26, 2014). year start dates after December
audit
ends $500,000 ($750,000 for fiscal y le or program-sp
year, the recipient must have as reg ised, and 2 CFR Part 200,
1 In the event that the recipient exp p
2014) or more in Federal awards in its fiscal y Circular A-133, h the Department of
rovisions of OMB year,
conducted in accordance with the p the Federal awards expended in its fiscal y
EXI-I1BIT 1 to this Attachmentindicates. . gal funds awarded resources received from the
Subpart F. this Agreemen including Federal
Environmental Protection by and 2 CFR Part 200,
hould
recipient shall consider all sources of Federal awards, -33 as revised, of
the P Protection, The determination of amountsAof Federal awards expended s
Department of Environmental delines established by
OMB Circular provisions
be in accordance with the g the Auditor General in t thecorranuu menti of this part
A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the req
Subpart F. An audit of the recipient conducted Y e reci ient shall fulfill the
O Circular 1, th p
uirements addressed in Part I, paragraph C f OMB Circular A-133, as revised,
2.
In connection with the audit req responsibilities as provided in Subpart
requirements relative to auditee res
and 2 CFR Part 200, Subpart F.
000 as applicable) in Federal awards m its fiscal year,
or $750, as revised, and 2 CFR Part
provisions of OMB Circular A-133, or $750,000, as
3 If the recipient expends less than $500,000
an audit conducted in accordance
In he the p
000
is not req the event that the recipient expends less than $50 ,
0 Subpart F, b art F the cost of the audit must
20 its fiscal year and elects to have an audit conducted in accordance withe
be
m Federal awards m it as revised, and 2 CFR Part 200, p
applicable) aid from recipient resources obtained
provisions of OMB Circular A-133,
aid from non -Federal resources (i.e., the cost of such an audit must be p is the
p CFDA) v
from other than Federal entities)'
4 The recipient may access information regarding the Catalog of Federal Domestic Assistance
internet at www c� of
DEP 55-215 (06/16)Page 1 of 5
DEP AgreementNo. CM918, Attachment F,
PART II: STATE FUNDED as defined by
Section 215.97(2)(n), Florida Statutes.
This part is applicable if the recipient is a non state entity equal to or . excess of
or project -specific audit
' t the recipient must have a State single able rules of the Department
vent that the recipient expends a total amount of state fmancial assistance
1 In the e fiscal year of such recipe Florida Statutes; app rofit
$750,000 in any ental entities) or 10.650 (nonprofit and for -Pr
for such fiscal year in accordance with S50 local governor indicates state fmancial
and Chapters 10.550 ( IT 1 to this Agreement
of Financial Services; this Agreement. In determining
organizations), Rules of the e Department of Environmental �Protection by
h the Dep year, the recipient shall consider rmntlof Environmental
assistance awarded throug ended in its fiscal y
the state financial assistance exp for Federal program
ial assistance, including state financial assistance received from the ep
c other nonstate entities. State financial onstat entitynce does not include
furan encies, and
Protection, other state ag
Federal direct or p
ass -through awards and resources received y a n
matching requirements. 1; the recipient shall ensure that the
uirements addressed in Part II, paragraph local
In connection with the audit req Florida Statutes. This include ' 0 550 (o a
2• hes with the requirements of Section 215.97(7) 2 Florida Statutes, and Chapters
audit comp e as defined by Section 215.97( ), Rules of the Auditor General -
audit package rofit organizations),
financial reporting p or 10.650 (nonprofit and for -p
ental entities) ear, an audit conducted
governor
abed• In the event that the
expends less than $750,000 in state financial assistance in its rami d elects to have an audit
3 If the recipientprovisions of Section 215.97, Florida Statutes, is not req
in accordance, the p Florida Statutes, theacost
d from the rethe cipientit s
recipient expends less than $750,000 aril provisions of Section 215.9''m its fiscal y
s resources (i.e., the cost of such an audit must e p
conducted in accordance with the pro
be paid from the non -state entity' arecipient should access
resources obtained from other than State entities). CSFA),
the Florida Catalog of State Financial Assistance
informationregarding Information: Legislature's Website at
e
For bsita located at h sa/a s.fldfs.co� o as or assistance. In as W da come,
4 le Audit Act we be accessed for alwww.or flora
the Florida Sing the following websites may
above websites, State of Florida's website at h
h :l/wwvv•
le state.fl.us/Welcome/index.cfm, fldfs.com/ and the Auditor General's Website at
Department of Financial Services' Website at h :/ �'�'�'�'•
h //www state fl us/auk
UDIT REQUIREMENTS entity
PART III: OTHER A requirements imposed by the State awarding
specify any additional audit req Federal or State laws
entity's policy (i.e., the audit is not required by 8 Florida Statutes,
(NOTE: This part would t used to sp fY
Federal or State audit requirements). Pursuant to Section 215.97( )
that are solely a matter of that State awarding agency must arrangefor
in conflict with other audits of State financial assistance tha awa dinaddition
g to audits rrancondto
and is not e or a
State agencies may conduct or arrang f
in accordance with Section 215.97, Florida Statutes. In such an event, the
funding the full cost of such additional audits.
PART IV: IXpORT SUBMISSION Circular A-133, as revised, and
wired by
Copies of reporting packages for audits conducted in accordance with O F, by or on behalf of the
PART I of this Attachment shall be submitted, when req
1. CopSubpart F and required by and 2 CFR Part 200, Subpart
2 CFR Part 200, Circular A-133, as revised,
Section .320 (d), OMB
recipient directl to each of the following:
DEP 55-215 (06116) CM918, Attachment F, Page 2 of 5
DEP AgreementNo.
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:
FDEPSin leAuditAdep state -fl -us
B. The Federal Audit Clearinghouse designated in OMB Circular
3a OMB Cir ular A 133
§200.501(a) (the number of copies required by Sections .320 (d)O and O,
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 loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after System Januarwhich ccan
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry y
be found at ht!p'//harvester census.gov/facweb/
C. Other Federal agencies and pass-throughCFR entities
m accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised, and §
12.
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 mangemanagement
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:
FDEP Sin leAudit@dep state.fl.us
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) 3 of 5
DEP Agreement No. CM918, Attachment F, Page
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
111 West Madison Street
Tallahassee, Florida 32399-1450
, of this
all be submitted
Copies of reports c management
totthe Department of Envirers required by PART lonmentalProte Attachment
atlone of the following r
on behalf of the recipient _Y
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:
F DEPSing—le udit@den state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection Pursuant ce with OMB
and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10 550 (local
Circular A-133, as revised,
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 witentities) or 10.650 (nonprofit and or -profit organizations), Rules of the Auditor
MB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters
10.550 (local governmental
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 d shall allow pthe Department of Environmental Protectionliance with the terms of this Agreement for a , or rt
of 5 years from the date the audit report is
designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shallensure
Chief
that audit working papers are General umade pon request e to the Department
period of 3 years om the date the audit reportA iseissued,
Financial Officer, or Auditor p
unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (06/16)
DEP Agreement No. CM918, Attachment F, Page 4 of 5
Ii
'd
3
O
H
00
rn
U
pepart", Florida Department of Environmental Protection
ATTACHMENT J
LL = PHOTOGRAPHER & MODEL RELEASE FORM
e
FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
'entatpte`
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name
State
City
Phone Number:
Email:
License and Indemnificationand/or art work(s) being
I certify that I am the owner of the photograph(s), video(s), audio recording(s)
submitted and am 18 years of age or older.
s and art work(s) submitted
hereby ant to the Florida Department of Environments sP audiol�ecohdmg( )� free and non-exclusive
I he y gr s video(s),
right to distribute, publish and use the photograph( ), Environmental
"the Work") to promote the Florida Department of Env r1 onmental Protect one i may
but
herewithto
but are not limited to, promotion of the Florida Department o advertisements and
'ted to through publications, websites, social media venues nt of Environmental Protection reservest he
not lima
the media and in commercial products. The Florida Departure
right to u
se/not use any Work as deemed appropriate by the Florida Department of Environmental
Protection. No Work will be returned once submitted.
infringement of my copyright interest or other
acknowledge that the Florida Department of Environ tregntal Protection shall bear no responsibility
I hereby
whatsoever for protecting the Work against third party m
a1 ro erty rights or other rights I may hold in such and I hereby representWork, and in no way and ll be responsible for
mtellectu p p
and warrant that the
any losses I may suffer as a result of any such infringement,
Work does not infringe the rights of any other individual or entity. e artment of Environmental
Florida D p
liabilities and losses
I hereby unconditionally release, harmless representatives of and from all c m Protection's
use of the Work.
Protection, its employ
upon me, and my heirs, executors, administrators and
arising out of or in connection with the Florida Department of Environmental
This release and indemnification shall be binding p
assigns. I have read and understand the terms of this release.
Date:
Owner Signature:
PhotoNideo/Audio/Artwork Recording Filename(s):
Location of photo/video/audio recording/artwork:
Name of person Accepting Work Submission:
DEP Agreement No. CM918, Attachment J, Page I of 3
000-020 (Effective 02-17-2016)
Florida Department of Environmental Protection
ATTACHMENT J
4A3 -'v.
- PHOTOGRAPHER & MODEL RELEASE FORM
%f FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
°'entat P<°
MODEL RELEASE FORM: PHOTO/VIDEO/AUDIO/ARTWORK
of Environmental Protection,
ides articles,
rt rida' Dmagazines,
rtment programs, advertisements or
This model release form will be used for all State of
Land and Recreation brochures, websites, displays,
events.
Photo Release for Adults hotographs, motion picture film and/or
I, being 18 years or older, hereby consent that the videotapes, p
e of
artwvoice may be used by theork in any form in which I appear, and/or audio recordings madnin whate er way they desire,
Florida Department of Environmental Protection, its assigns or successors,
including television, without compensation. Furthermore,
I hereby consent that such photographs, films,
h they are
de
l be
negatives and recordings, and the plates and/or tapes or other medium from `'`'hscor successors. They They shall
the property of the Florida Department of Environmental Protection, i films,
have the right to sell, duplicate, reproduce, and make other d clear l uses of such a
ar of any claim onsmy part,
recordings, plates, tapes and art work as they may desire, free a
in perpetuity.
IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida, this day
of
2
Location:
Signature
Name---
Address
ameAddress
City
State -------Zip
DEP Agreement No. CM918, Attachment J, Page 2 of 3
000-020 (Effective 02-17-2016)
`ao D•Part�•'
Florida Department of Environmental Protection
u ATTACHMENT J
PHOTOGRAPHER & MODEL RELEASE FORM
FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
^o'�enm•Q`'`
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
tate Zip
DEP Agreement No. CM918, Attachment J, Page 3 of 3
000-020 (Effective 02-17-2016)
ATTACHMENT K
Contract Provisions for Department of Commerce (DOC) Funded Agreements
The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,
where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term
"Recipient" shall mean "Grantee."
Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower
tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB
Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these
requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating
this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the
Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative Contractual and Legal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable
to this Contract, the Non -Federal Entity may take one or more of the following actions.
L Temporarily withhold payments pending correction of the deficiency by the
Recipient.
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 Contract.
iv. Take other remedies that may be legally available.
The remedies identified above, do not preclude the Recipient from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the
right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance
with the terms of this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of "federally assisted construction contract" as
defined by 41 CFR Part 60-1.3:
During the performance of this Agreement, the Recipient agrees as follows:
L The Recipient will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
it
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Recipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of
the Recipient, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Recipient will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or
another employee or applicant. This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such
other employees or applicants to individuals who do not otherwise have access to such information,
DEP Agreement No. CM918, Attachment K, Page 1 of 5
unless such disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
is consistent with the Recipient's legal duty to furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other Agreement or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Recipient's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or
with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the Recipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by
the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a
week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), 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
Recipient or subrecipient must 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 or she is otherwise
entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers,
the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must 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 one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases
of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non -Federal
Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part
DEP Agreement No. CM918, Attachment K, Page 2 of 5
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U S C 7401-767 1 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387
If the Agreement is in excess of $150,000, the Recipient shall comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the
Regional Office of the Environmental Protection Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."
9. Byrd Anti -Lobbying Amendment (31 U.S.C. 13 52)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. The Recipient shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
11. General Federal Regulations
Grantees shall comply with regulations listed in 2 CFR Part 200, 2 CFR Part 1326, 48 CFR Part 31 and 40 U.S.C.
1101 et sequence.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,
which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175)
Grantees, their employees, subrecipients under this award, and subrecipients' employees may not:
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in performance of the award or subawards under the award.
14. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)
Grantee must comply with flood insurance requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234), if applicable. This act 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. Water Resources Reform and Development Act (WRRDA) P.L. 113-121
Grantees must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113-121, if applicable.
This act provides for improvements to the rivers and harbors for the United States, to provide for the conservation and
development of water and related resources.
16. Whistleblower Protection
Grantees shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower
Protection. This requirement applies to all awards issued after July 1, 2013, and effective December 14, 2016, has
been permanently extended (Public Law (P.L.) 114-261).
(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; best efforts should be made to include this clause, including
this paragraph (c) in any subwards and contracts awarded prior to the effective date of this provision.
17. Notification of Termination (2 CFR � 200.3401
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In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of
performance due to the Grantee's or subcontractor's material failure to comply with the Federal statutes, regulations
or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of
Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award
Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The
Recipient will notify the Grantee of the termination and the Federal requirement to report the termination in FAPIIS.
See 2 CFR § 200.340 for the requirements of the notice and the Grantee's rights upon termination and following
termination
18. Additional Lobbying Requirements
i. 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.
ii. 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.
iii. Pursuant to 2 CFR § 200.450 and 2 CFR § 200.454€, the Grantee is hereby prohibited from using funds
provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities.
COMPLIANCE WITH ASSURANCES
19. Assurances
Grantees shall comply with any and all applicable assurances made by the Department or the Grantee to the Federal
Government during the Grant application process.
20. Contracting with Small and Minority Businesses Women's Business Enterprises and Labor Surplus Area
Firms
Grantee shall take all affirmative steps necessary to assure that minority business, women's business enterprises, and
labor surplus area firms are used when possible, including those steps listed in 2 CFR § 200.321(b).
DEPARTMENT OF COMMERCE -SPECIFIC
21. Department of Commerce (DOC) Financial Assistance Terms and Conditions
Grantees shall comply with the U.S. Department of Commerce Financial Assistance Terms and Conditions, available
online (httD://www.osec.doc.gov/oam/grants mann eg ment/policy/default.htm) and incorporated by reference.
22. DOC Regulations
Grantee shall comply with the following regulations: 2 CFR 1300-1399, 15 CFR 8, 15 CFR 8a, 15 CFR 8b, 15 CFR
13, 15 CFR 20, and 15 CFR 28
23. Drug -Free Workplace
Grantee must make an on-going, good faith effort to maintain a drug-free work place pursuant to the specific
requirements set forth in Title 2 CFR Part 1329. Additionally, in accordance with these regulations, the recipients
must identify all known workplaces under its federal awards, and keep this information on file during the performance
of the award.
24. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable, Grantee shall comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisition Polices Act of 1970 (P.L. 91-646) to 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.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)-SPECIFIC
25. 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:
a. 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.
b. 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,
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relevance, scientific integrity, reproducibility, transparency, and performance. 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.
c. 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 hqp://nrc.noaa.gov/ScientifictntegrilyCommons.aWx.
d. 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.
e. 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.
i The recipient shall insert this provision in all subawards at all tiers under this grant, financial assistance
award, or cooperative agreement.
26. Investigating Scientific Integrity or Scientific and Research Misconduct
a. Inhibiting Investigation. If the recipient or subrecipient determines that there is sufficient evidence to proceed to
an investigation, it shall notify the grants office and, unless otherwise constructed, the recipient or subrecipient shall:
i. Promptly conduct an investigation to develop a complete factual record and an examination of such record
leading to either a finding regarding the violation of scientific integrity or scientific and research misconduct and an
identification of appropriate remedies or a determination that no further action is warranted.
ii. If the investigation leads to a finding regarding the violation of scientific integrity or scientific and research
misconduct, obtain adjudication by a neutral third -party adjudicator. The adjudication must include a review of the
investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.
b. Finalizing Investigation. When the investigation is complete, the recipient shall forward to the grants officer a
copy of the evidentiary record, the investigative report, any recommendations made to the recipient adjudicating
official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's
written response (if any).
27. Findings and Corrective Actions
If the recipient finds that scientific integrity has been violated or scientific and research misconduct has
occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and
shall:
a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and,
as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted
in the future, and
b. Coordinate remedial action with the grants officer.
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