HomeMy WebLinkAboutFDEP Agrmt. no. CM742 8-16-18 STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Community Based Resiliency in The City of Cape Canaveral CM742
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee,Florida 32399-3000
Grantee Name: City of Cape Canaveral Entity Type:Local Government
Grantee Address: 100 Polk Ave.,Cape Canaveral,FL 32920 FEID: F59-0974636
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution June 30,2019
4. Project Number: Project Location(s): cit,of Cape Canaveral which is located on a barrier island off the coast of
(If different from Agreement Number) Brevard counh
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5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s):
$67,000.00 ❑ State ®Federal NA16NOS4190120 $67,000.00
0 State ❑Federal
0 Grantee Match
Total Amount of Funding+Grantee Match,if any: $67,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Angel Baratta Name: David Dickey
or successor or successor
Address: 3900 Commonwealth Blvd. Address: 100 Polk Ave.
MS235 PO Box 326
Tallahassee,FL 32399 Cape Canaveral,FL 32920
Phone: 850-245-2849 Phone: (321)868-1220
Email: Angel.Baratta@FloridaDEP.gov Email: d.dickey@cityofcapecanaveral.org
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
®Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
®Attachment 2:Special Terms and Conditions
®Attachment 3:Grant Work Plan
® Attachment 4:Public Records Requirements
®Attachment 5: Special Audit Requirements
® Attachment 6:Program-Specific Requirements
® Attachment 7: NA16NOS4190120 Grant Award Terms(Federal)*Copy available at https://facts.fldfs.com,in accordance with§215.985,I S.
Attachment 8:Federal Regulations and Terms(Federal)
❑Additional Attachments(if necessary):
®Exhibit A:Progress Report Form
El Exhibit B:Property Reporting Form
®Exhibit C:Payment Request Summary Form
❑Exhibit D: Quality Assurance Requirements for Grants
❑Exhibit E:Advance Payment Terms and Interest Earned Memo
® Additional Exhibits(if necessary): Exhibit F: Final Report Form,Exhibit G: Photographer Release Form
DEP Agreement No. CM742 • Rev.6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s)(FAIN): NA16NOS4190120
Federal Award Date to Department: 7/1/16 _
Total Federal Funds Obligated by this Agreement: $2,723,000.28
Federal Awarding Agency: DEPARTMENT OF COMMERCE
Award R&D? ❑ Yes ON/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated the Agreement Begin Date above or the
last date signed below,whichever is later.
City of Cape Canaveral GRANTEE
Grantee Name
By 100- /S/
(Authorized Signature) Date Signed
Print Name and Title of Person Signing
State of Florida De artment of Environ tal Pr tection DEPARTMENT
By g 169
Sec etary o esignee Date Signed
Print Name and Title of Person Signing
LEGAL REVIEWING ENTITY
By
(Authorized Signature) Date Signed
Print Name and Title of Person Signing
❑ Additional signatures attached on separate page.
DEP Agreement No. CM742
Rev.6/20/18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the
order of precedence for interpretation the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement
period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment
3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or
(3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
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The Grantee warrants that: (1)the services will be performed by qualified personnel;(2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided
by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect
at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the
deliverables within 30 days of receipt,they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory
performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days
of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
approval of a CAP as specified above may result in Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, 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 Department or steps taken by Grantee shall preclude 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
Department as requested by Department's 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 Department may result in termination of the
Agreement.
8. Payment.
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a. Payment Process.Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. 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, which can be accessed at the
following web address:www.myfloridacfo.com/aadir/reference guide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.myfloridacfo.com/Division/AA/Vendors/default.htm.
j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must
be refunded Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under
the terms of the Agreement must be refunded to Department.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salarv/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit,Grantee shall be required to reimburse such funds to Department within thirty(30)days of
written notification.Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
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charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty(30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable 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 Chapters 273 and/or 274,F.S.,and
Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-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.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to 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(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by 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 Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B,Property Reporting Form.
f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses,reproduction,or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of charges: cell phone usage;attorney's fees or court costs;civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access'rights through ingress/egress easements, leases, license agreements, or other site access
agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problem resolutions,scheduled updates,and proposed,work for the next reporting
period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty(30)days.
11. Retainage.
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The following provisions apply if 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 up to the maximum percentage described in Attachment 2,Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. 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 of the retainage associated with the work. 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. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the
timeframe stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. 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 the invoicing
procedures under this Agreement.
12. Insurance.
a. 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.
b. 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.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide 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 Department,Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify 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)days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for
work to be paid under this Agreement within thirty(30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation,
or termination of the Agreement,Grantee shall continue to provide Department with those services for which it
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
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e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory,or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
Attachment 1
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foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2)contract with other sources(without recourse to
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense.The Grantee shall not be liable for any cost, expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: 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 to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
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The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If 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.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. 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.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. 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.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. 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., Department may immediately terminate this Agreement at its sole option if
Grantee or its subcontractors are found to have submitted a false certification;or if 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., Department may immediately terminate this Agreement at its
sole option if Grantee, its affiliates,or its subcontractors are found to have submitted a false certification;or if
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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.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the 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 Grantee and the State,Grantee may 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.
26. Record Keeping.
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
Department,the State,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 the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial
records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such
records for the longer of:(1)three years after the expiration of the Agreement;or(2)the period required by the
General Records Schedules maintained by the Florida Department of State(available at:
http://dos.myflorida.com/library-archives/records-management/general-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the
inspector general in any investigation, audit, inspection, review,or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub-grantees and/or subcontractors,respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. 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.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state)
identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance,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,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.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department
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may also request a cost allocation plan in support of its multipliers(overhead, indirect, general administrative
costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by 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 Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s)the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department 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. 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.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
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is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records,shall survive termination,cancellation,or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee,its
agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions
are severable to that void provision,and shall remain in full force and effect.
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications.Upon request,Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell,assign,or transfer any of its rights, duties,or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event
of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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Rev.4/27/18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.CM742
ATTACHMENT 2 •
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is The City of Cape Canaveral's priorities to educate and engage its
residents and businesses in the conversation of resiliency and assess impacts from sea level rise,flooding and surge
are the primary goals of this proposal. The East Central Florida Regional Planning Council will work with the City
to develop educational visualizations and facilitate engagement opportunities for the community relevant to
resiliency and the future of the City. This public engagement and education,combined with an assessment of the
City's vulnerabilities,as they relate to ensuring resiliency to hazards and changing climate conditions,will guide the
decision-making process for future development,infrastructure projects and various programs within the City.The
Project is defined in more detail in Attachment 3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions.There are extensions available for this Project.
c. Service Periods.Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing.Invoicing will occur as indicated in Attachment 3.
c. Advance Pay.Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
❑ El Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits,N/A.
❑
0 b. Indirect Costs,N/A.
❑ p Contractual(Subcontractors)
❑ ❑ Travel
❑
0 Equipment
❑ ❑ Rental/Lease of Equipment
O 0 Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Travel.
Additional compensation for travel is not authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
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There will be no Land Acquisitions funded under this Agreement.
8. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
9. Insurance Requirements
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:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department,its employees,and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each
occurrence and$500,000 policy aggregate.
b. 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,its employees,and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. 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.
d. Other Insurance.None.
10. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
11. Retainage.
No retainage is required under this Agreement.
12. Subcontracting.
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 this Agreement,which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be
performed under this Agreement.
13. State-owned Land.
The work will not be performed on State-owned land.
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
None.
Attachment 2
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Rev.7/11/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
DEP AGREEMENT NO.: CM742
ATTACHMENT 3
Project Title: Community Based Resiliency in The City of Cape Canaveral
Grantee
Organization Name: City of Cape Canaveral
Chief Elected Official or Agency Head: Bob Hoog
Title: Mayor
Address: 100 Polk Ave.
City: Cape Canaveral
Zip Code: 32920
Area Code and Telephone Number: 321-868-1220
Area Code and Facsimile Machine Telephone Number: 321-868-1247
E-Mail Address: b.hoog@cityofcapecanaveral.org
Project Manager
Organization Name: City of Cape Canaveral
Name: David Dickey
Address: 100 Polk Ave.
City: Cape Canaveral
Zip Code: 32920
Area Code and Telephone Number: (321) 868-1220
Area Code and Facsimile Machine Telephone Number: 321-868-1247
E-Mail Address: d.dickey@cityofcapecanaveral.org
Fiscal Agent
Organization Name: City of Cape Canaveral
Name: John DeLeo
Address: 100 Polk Ave.
City: Cape Canaveral
Zip Code: 32920
Area Code and Telephone Number: (321)868-1220
Area Code and Facsimile Machine Telephone Number: (321) 868-1248
E-Mail Address: j.deleo@cityofcapecanaveral.org
Mailing Address for Warrant(if other than the Grantee address):
FEID No.: 59-0974636
DUNS No.: 89939710
Location:
Attachment 3,DEP Agreement#:CM742
1 of 5
Rev.5/3/2017
This project will take place in the City of :Maon sT = t ► 5mi
Cape Canaveral which is located on a _ •-- i' Island t 01 'Skm
barrier island off the coast of Brevard 1o ita\Coun
County,Florida, immediately south of � °rsino Banana w
Port Canaveral,one of the world's busiest = `3J River 0.-..
P John
cruise ports,as well as KennedySpace John r ►►
P O g
CouRenay Kennedy
Center and Cape Canaveral Air Force 1 Audubon space1
Station. It is also located north of Patrick s 0 Ce"'"
Air Force Base,making the continued \. • • o ,528; Cape Canaveral
resiliency and economic sustainability of $ J {
a COCOA • Atlantic Ocean
Cape Canaveral vital for the workforce to o ,'
these areas as well as visitors into the Rockledge
et '.r Angel City
Port.The City faces impacts from sea aCocoa Beach
level rise,storm surge and coastal Rockwall
flooding on two fronts as the City is ! South Cocoa Beach
1, r""' entun
situated with the Atlantic Ocean to the ` a -*1
5 S
east and the Banana River to the west. P;,,�„ °
SR AlA,a major thoroughfare and o is. i
evacuation route runs north-south through0 <40
onMapQuest.Inr @;y°D6 TFIe Atlas
S
the City of Cape Canaveral and then turns
west to head to the mainland at the northern end of the City. SR 520,another major-east west connector
and evacuation route to the barrier island is just south of Cape Canaveral and north of Cocoa Beach.The
project will include the collaboration with critical federal and economic assets including Port Canaveral,
PAFB and KSC as the continued resiliency and economic sustainability of the City of Cape Canaveral is
vital to the workforce of these areas as well as visitors to the Port.
Project Description:
The City of Cape Canaveral's priorities to educate and engage its residents and businesses in the
conversation of resiliency and assess impacts from sea level rise,flooding and surge are the primary goals
of this proposal. The East Central Florida Regional Planning Council will work with the City to develop
educational visualizations and facilitate engagement opportunities for the community relevant to
resiliency and the future of the City. This public engagement and education,combined with an
assessment of the City's vulnerabilities,as they relate to ensuring resiliency to hazards and changing
climate conditions,will guide the decision-making process for future development, infrastructure projects
and various programs within the City. Through this grant,the project team will:
1) Conduct a vulnerability analysis and develop GIS Visualizations for public education and
engagement as related to sea level rise,frequent or"nuisance"flooding and storm surge;
2) Engage the residents and businesses in the City through online survey and public workshops to
enhance education on vulnerabilities and obtain input on priorities,policies,and resiliency and
adaptation strategies for implementation; and
3) Using REMI, Inc.,model economic impacts of a"do nothing"scenario for vulnerable areas and
compare to a scenario that implements an adaptation measure as determined through the project
process.
Community literacy and engagement is important in the City's quest to become more resilient along with
understanding vulnerabilities and the capacity that current plans and policies have in planning for and
implementing strategies that enhance the community's resiliency and economic sustainability.For this
reason,the ECFRPC will focus on increasing climate literacy, assessing capacity and identifying
vulnerabilities within the City through dissemination of educational materials,community workshops,on-
line survey opportunities,GIS analysis and visualization techniques.
Attachment 3,DEP Agreement#:CM742
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This proposal is timely in that it will provide necessary information and engagement opportunities to
enhance the conversation and begin to provide direction and assessment for the City staff and
administration. The efforts of this proposal will tie directly into the efforts of the City as they begin the
discussion of resiliency and engage critical assets such as KSC,Port Canaveral,PAFB and others.
Through this proposal,the City will conduct at least 2 workshops with stakeholders and staff to discuss
vulnerabilities and gather input concerning issues,opportunities,and needs which will be used for
inclusion in the MetroQuest parameters. The outcome of the engagement tool will help the City develop
strategies,priorities and actions to address resiliency and begin taking actionable steps and develop
appropriate policies. The final workshop will provide an overview of the survey results and potential
strategies and next steps as well as other pertinent topics that may emerge during the engagement process.
Engaging the youth is also important in creating direction for the City.This proposal will develop
strategies for engaging the youth in the planning process that can be incorporated through this proposal as
well as in future outreach efforts.
The project team,at a minimum,will utilize the UF GeoPlan Sea Level Sketch Planning Tool to
determine impacts to the City relative to the various rate curves.The team will assess the rate curves as
identified by the city and will include at a minimum the 2013 USACE High curve. With direction and
input from the stakeholders,and based on input from the East Central Florida Regional Resiliency Action
Pan, it may be deemed necessary to also assess the NOAA 2017 Intermediate High and High rate curves
or the 2012 NOAA curves.The team will also utilize other data from NOAA to assess the potential for
frequent or"nuisance"flooding as well as modeling from the Tampa Bay Regional Planning Council
which evaluates new storm surge impacts as sea levels rise.A vulnerability assessment using these data
and parameters will evaluate facilities critical to City function,health and safety,and evacuation support,
as well as all roadway facilities, land use and social characteristics to help identify social vulnerabilities to
better assist in public services and response.Findings will be compiled into a final report to include
tables,charts,maps and text.
Understanding the economic consequences of a"do nothing"scenario and the potential economic impacts
of implementing adaptation scenarios is a necessary step in public literacy and also providing information
to the City to validate and verify adaptation strategies. The ECFRPC will use the REMI,Inc.Model to
assess the economic impacts of losing properties and infrastructure determined to be vulnerable by 2040
and,through the outreach process,work with the City to determine at least one adaptation scenario to
analyze through economic modeling in order to assess retained and/or lost revenue and other economic
impacts associated with job loss/retention,new land use,and other parameters determined to be
appropriate for the strategy.
To truly engage and educate the public about vulnerabilities and to use the information in messaging,
visualization of the information in an easy to understand format is important. This is where ESRI's story
maps will be utilized. The project team will create at least one story map to tell the story of the data,
analysis,findings and strategies. Additional visualization techniques may also be used.
Finally,using the resiliency portal developed by the ECFRPC and through other grant mechanisms,
www.perilofflood.oru,the final reports and links to the story maps will be made available for continued
transference to other communities and public education.The City will have the ability to access these
online services.
Attachment 3,DEP Agreement 11:CM742
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Total Budget Summary:
Grant
AGREEMENT TOTAL $67,000
TOTAL GRANT FUNDS
Categories Task 1 TOTAL BY
CATEGORY
Contractual $67,000 $67,000
SUB-TOTAL BY TASK $67,000 $67,000
All materials created will include DEP,NOAA,and FCMP logos. A sample or electronic version is
required to be sent to Angel.Baratta(a,FloridaDEP.gov or 3900 Commonwealth Blvd, MS 235,
Tallahassee, FL 32399-3000,to receive prior approval from the FCMP Administrator. (See paragraph
27(A)of the grant agreement for details.).
PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all
deliverables must be received by the designated due date.
Start Deliverabl
Task Deliverable Date End Date e Due Date
GIS Database and Story Maps
Public Meetings(agendas, sign ins,
presentations,and summaries)and Online
Survey Results
1 Final project report to include summary of 9/1/2018 5/1/2019 5/15/2019
public engagement process; major findings
of engagement including survey summary;
recommendations for strategies and policy
development; vulnerability assessment,
and economic impact analysis.
TASKS AND DELIVERABLES
Task 1 Description: Public Engagement and Policy Development: Engage the residents and businesses
in the City through online survey and public workshops to enhance education on vulnerabilities and
obtain input on priorities,policies and resiliency and adaptation strategies for implementation.
The City will conduct at least 2 workshops with stakeholders and staff to discuss vulnerabilities and
gather input concerning issues, opportunities,and needs which will be used for inclusion in the
MetroQuest parameters. The final workshop will provide an overview of the survey results and potential
strategies and policy language and next steps as well as other pertinent topics that may emerge during the
engagement process. Efforts to engage the youth in the planning process will also be documented. The
outcome of the engagement tool will help the City to develop proposed strategies, priorities and policies
to address resiliency and actionable steps. These will form the core of the presentation at the final
workshop.
The project team will conduct a vulnerability assessment to sea level rise, frequent or"nuisance"flooding
as well as modeling from the Tampa Bay Regional Planning Council which evaluates new storm surge
impacts as sea levels rise. A vulnerability assessment using these data and parameters will evaluate
Attachment 3,DEP Agreement#:CM742
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facilities critical to City function,health and safety, and evacuation support,as well as all roadway
facilities, land use and social characteristics to help identify social vulnerabilities to better assist in public
services and response. Findings will be compiled into a final report to include tables, charts,maps and
text.
The ECFRPC will use the REMI,Inc.Model to assess the economic impacts of losing properties and
infrastructure determined to be vulnerable by 2040 and will work with the City to determine at least one
adaptation scenario to analyze through economic modeling in order to assess retained and/or lost revenue
and other economic impacts associated with job loss/retention,new land use,and other parameters
determined to be appropriate for the strategy. Findings will bo compiled into a final report to include
tables,charts,maps and text.
The project team will create at least one story map to tell the story of the data,analysis, findings and
strategies. Additional visualization techniques may also be used in addition to the story map.
Deliverable:
Workshop agendas,sign-in sheet,presentations and summaries in pdf format by workshop.
GIS Database
Story Map
Final project report to include summary of public engagement process; major findings of engagement
including survey summary;recommendations for strategies and policy development;vulnerability
assessment,and economic impact analysis. Appendixes will include full public survey results and other
necessary data or information.
Incorporate reports and links to the storymap on the Peril Of Flood website for access across the state.
Due Date/Frequency/Performance Period: May 15,2019
Performance Measure: The Department will review the deliverable(s)to ensure it meets the
specifications provided in the Task Description, above.
Funding for Task:
Category Grant Funds
Contractual: $67.000
TASK TOTAL: $ 67,000
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment 3,DEP Agreement#:CM742
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services
under the Agreement,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 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.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. 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 Grantee is a"contractor"as
defined in section 119.0701(1)(a),F.S.,the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request,provide 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.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10,F.S.
d. 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 Department.
e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to 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 Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of 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.
f. 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.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department'; "DEP'; "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be
referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not
be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-133,as revised,and 2 CFR Part 200,
Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised,
and 2 CFR Part 200,Subpart F.
3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part
200,Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000,as
applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F the cost of the audit must be
paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
Attachment 5
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4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
Internet at www.cfda.2ov
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXIIIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the
recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit
conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at httns://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(Le., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by
Section .320 (d),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
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Rev.4/27/2018
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:
FDEP Si ngleAuditAdep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections.320(d)(l)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section .320(f),OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,the recipient
shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit(a,dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
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Rev.4/27/2018
Electronically:
FDEPSingleAudit@n,de p.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
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at 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:
FDEPSingleAuditAdep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as
applicable.
6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection,
or its designee,Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall
ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,
Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report
is issued,unless extended in writing by the Department of Environmental Protection.
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EXHIBIT -1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
Original
Agreement
Department of Commerce
and National Oceanic and
Atmospheric Administration
11.419
Coastal Zone Management Program Administration
$67,000
140061
I I
I I
I I — d
State Resources Awarded to the Recipient
Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number Federal Agency
State
Appropriation
CFDA CFDA Title Funding Amount Category
CSFA Title
or
Funding Source Description
State
Appropriation
Funding Amount Category
State Resources Awarded to the Recipient
Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number Funding Source
State CSFA
Fiscal Year Number
CSFA Title
or
Funding Source Description
State
Appropriation
Funding Amount Category
I I
I I
I I — d
Total Award 1 $67,000,7,7,77,"77E]
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for
which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
Attachment 5, Exhibit 1
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c
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
FOR THE FLORIDA COASTAL MANAGEMENT PROGRAM
ATTACHMENT 6
1. Permits.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.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.Further the Grantee shall abide by all terms and conditions of each applicable
permit for any grant-funded activity.
2. The following is added to paragraph 8.h.,Annual Appropriation Contingency,Attachment 1,Standard
Terms and Conditions:
The State's performance and obligation to pay under this Agreement is also contingent upon the availability
of federal funding and grants from NOAA.
3. The following replaces paragraph 10.,Status Reports.Attachment 1,Standard Terms and Conditions:
a. Quarterly Reports. The Grantee shall submit status reports quarterly on Exhibit A,Progress
Report Form,to Department's Grant Manager describing the work performed during the
reporting period,problems encountered,problem resolutions,scheduled updates,and proposed
work for the next reporting period. Quarterly status reports are due no later than five(5)days
following the completion of the quarterly reporting period. For the purposes of this reporting
requirement,the quarterly reporting periods end on March 31,June 30,September 30 and
December 31.The Department will review the required reports submitted by Grantee within thirty
(30)days.
b. Final Project Report.The Grantee shall also submit a Final Project Report utilizing Exhibit F,
Final Project Report Form,attached hereto and made a part hereof,along with the final
quarterly progress report.If the Grant Work Plan requires a Final Report,the Grantee will report
those expenditures to the Department in the Final Report,as required.A draft of the Final Project
Report shall be submitted electronically to the Department's Grant Manager for approval. After
approval by the Department's Grant Manager,one(1)electronic copy of the Final Project Report
shall be submitted to the Department's Grant Manager.Final payment will be held until receipt
and approval of the Final Project Report.
4. Ineligibility.If the Grantee fails to perform in accordance with the terms and conditions set forth in this
Agreement,Attachment 3,Grant Work Plan,and all other attachments and exhibits,the Grantee shall be
ineligible to be considered for funding under the Coastal Partnership Initiative 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.
5. Copyright,Patent and Trademark.The U.S.Department of Commerce,National Oceanic and Atmospheric
Administration(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.
Attachment 6
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6. 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 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.
7. Publications,Photographs,Audiovisuals&Signs.
a. Before publishing or printing a final draft of any publication pertaining to this Agreement,such
draft shall be sent to the Department's Grant Manager for review and approval. This does not
apply to the required quarterly reports referred to in paragraph 10 of Attachment 1,Standard
Terms and Conditions.
b. Publications,printed reports(other than the scientific,technical,or professional publications as
identified in 7.c.,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,
Department and Florida Coastal Management Program(FCMP)logos(logos,which can be found
at the Department's website at https://floridadep.gov/fco/fcmp/content/grants or by contacting the
Department's 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 NA16NOS4190120. The views,statements,findings,conclusions and recommendations
expressed herein are those of the author(s)and do not necessarily reflect the views of the State of
Florida,NOAA,the U.S.Department of Commerce,or any of their subagencies."
The next printed line shall identify the month and year of the publication.
The Grantee must receive approval in writing from the Department's 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)days in advance. The
Grantee must also provide the Department's Grant Manager with shooting scripts,Exhibit G,
Photographer&Model Release Forms(if applicable),and provide two(2)copies of the final
audiovisual(e.g.,video,slides,etc.)upon completion.
Attachment 6
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c. 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 interne 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 7.b.,above.
d. Sign Requirements for Construction Projects. The Grantee shall erect a sign at the site of any
construction project,maintain it during construction and must remain at the site permanently.
This requirement shall survive the completion date of the Agreement as established in the
Standard Grant Agreement. 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 https://floridadep.gov/fco/fcmp/content/grants)and the following language:
"The Florida Coastal Management Program funded this project with a grant from the NOAA
Office of Ocean and Coastal Resource Management awarded under the Coastal Zone Management
Act."
The next printed line shall identify the completion month and year of the project.
e. Acknowledgment Requirement for Interpretive Signs&Banners. Interpretive signs and banners
must include the NOAA,Department and FCMP logos.
Attachment 6
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ATTACHMENT 8
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.
i. 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:
i. 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:
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,
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.
Attachment 8
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r
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
III 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
iscompensated at a rate of not less than one and a half times the basic rate of
ispermissibleprovided that the worker co
p
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
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.
Attachment 8
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7. Clean Air Act(42 U.S.C.7401-7671q.)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.7401-7671q)and the Federal Water Pollution Control
Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the
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. 1352)
If the Federal funds exceed$100,000,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.If applicable,
the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award,using form SF-LLL,available at:https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P-
V 1.2.pdf.
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& 200.340)
Attachment 8
Page 3 of 5
Rev.7/18/18
I'
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 seg.),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§200.454E,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).
FEDERAL REPORTING REQUIREMENTS
Grant Recipients awarded a new Federal grant greater than or equal to$30,000 awarded on or after October 1,2015,
are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. 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. The Grantee agrees to
provide the information necessary, within one (1) month of execution, for the Department to comply with this
requirement.
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(http://www.osec.doc.gov/oam/grants managementlpolicy/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.
25. Property Management Requirements
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
Attachment 8
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Rev.7/18/18
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 31st for each year this Agreement is in effect.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION(NOAA)-SPECIFIC
26. 26. 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,
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 http://nrc.noaa.gov/ScientificIntegrityCommons.aspx.
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.
f. The recipient shall insert this provision in all subawards at all tiers under this grant, financial assistance
award,or cooperative agreement.
27. 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).
28. 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.
Attachment 8
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f
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.: CM742
Grantee Name: City of Cape Canaveral
Grantee Address: 105 Polk Ave., PO Box 326, Cape Canaveral, FL 32920
Grantee's Grant Manager: David Dickey Telephone No.: 321-868-1220
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant Work
Plan: a summary of project accomplishments for the reporting period; a comparison of
actual accomplishments to goals for the period; if goals were not met, provide reasons why;
provide an update on the estimated time for completion of the task and an explanation for
any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
CM742 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement#:CM742
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Rev.5/30/2017
e
Exhibit C
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: CM742 Agreement Effective Dates:
Grantee: City of Cape Canaveral Grantee's Grant Manager: David Dickey
Mailing Address: PO Box 326, Cape Canaveral, FL 32920
Payment Request No. Date of Payment Request:
Performance Period(Start date—End date):
Task/Deliverable No(s). Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
AMOUNT OF TOTAL CUMULATIVE
CATEGORY OF EXPENDITURE THIS REQUEST PAYMENT REQUESTS
(As authorized)
Salaries/Wages S $
Fringe Benefits S $
Indirect Cost S $
Contractual(Subcontractors) $ $
Travel $ S
TOTAL AMOUNT $ S
TOTAL TASK/DELIVERABLE BUDGET AMOUNT $
Less Total Cumulative Payment Requests of: $
TOTAL REMAINING IN TASK $
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
Exhibit C,DEP Agreement#:CM742
1 of 3
Rev.2/23/18
Grantee's Certification of Payment Request
, on behalf of
(Print name of Grantee's Grant Manager designated in the Agreement)
,do hereby certify for
(Print name of Grantee/Recipient)
DEP Agreement No. and Payment Request No. that:
0 The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
E l All costs included in the amount requested have been satisfactorily purchased,performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
E l The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply below:
El All permits and approvals required for the construction,which is underway,have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request,and such
certifications are included:
Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy)
Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature
Print Name Print Name
Telephone Number Telephone Number
Exhibit C,DEP Agreement#:CM742
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Rev.2/23/18
I
•
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for(must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASK BUDGET AMOUNT'
line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the
"TOTAL TASK BUDGET AMOUNT"for the amount to enter on the"TOTAL REMAINING IN TASK'line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request(this amount cannot exceed the approved budget amount for that budget category for the task
. you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Exhibit C,DEP Agreement#:CM742
3 of 3
Rev.2/23/18
f 1
EXHIBIT F
DEP AGREEMENT NO.CM742
Community Based Resiliency in The City of Cape Canaveral
City of Cape Canaveral
Final Project Report
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This report funded in part, through a grant agreement from the Florida Department of Environmental Protection,
Florida Coastal Management Program,by a grant provided by the Office for Coastal Management under the Coastal
Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No.
NA16NOS4190120. The views, statements,findings, conclusions and recommendations expressed herein are those
of the author(s)and do not necessarily reflect the views of the State of Florida,NOAA or any of their subagencies.
Month&year
DEP Agreement No.CM742,Exhibit F Page 1 of 4
g
Final Project Report for CM742
Project Title
Executive Summary
Methodology
Outcome
DEP Agreement No.CM742,Exhibit F Page 2 of 4
Further Recommendations
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM742,Exhibit F Page 3 of 4
INSTRUCTIONS FOR COMPLETING
ATTACHMENT F
FINAL PROJECT REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM####.
GRANTEE NAME: Enter the name of the grantee's agency.
PROJECT TITLE: Enter the Title shown on the first page of the grant agreement.
NOAA AWARD NUMBER: Enter the NOAA award number as shown on the first page of the grant agreement.
MONTH&YEAR: Enter month and year of publication.
The Final Project Report must contain the following sections: Executive Summary,Methodology,Outcome and
Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant
Agreement.Please limit final project report to no more than five pages. A draft should be submitted electronically
to the Department's Grant Manager for approval. After approval by the Florida Coastal Management Program,one
hard copy and an electronic copy shall be submitted to the Department's Grant Manager. Final payment will be held
until receipt and approval of the Final Project Report.
Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager,
identified in paragraph 18 of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.CM742,Exhibit F Page 4 of 4
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Florida Department of Environmental Protection
EXHIBIT G
PHOTOGRAPHER RELEASE FORM
FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name
Address
City State Zip
Phone Number:( ) Email:
License and Indemnification
I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being
submitted and am 18 years of age or older.
I hereby grant to the Florida Department of Environmental Protection the.royalty-free and non-exclusive
right to distribute,publish and use the photograph(s),video(s),audio recording(s)and art work(s)submitted
herewith("the Work")to promote the Florida Department of Environmental Protection.Uses may include,
but are not limited to, promotion of the Florida Department of Environmental Protection, including, but
not limited to,through publications, websites, social media venues and advertisements and distributed to
the media and in commercial products. The Florida Department of Environmental Protection reserves the
right to use/not use any Work as deemed appropriate by the Florida Department of Environmental
Protection.No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility
whatsoever for protecting the Work against third party infringement of my copyright interest or other
intellectual property rights or other rights I may hold in such Work,and in no way shall be responsible for
any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the
Work does not infringe the rights of any other individual or entity.
I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental
Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses
arising out of or in connection with the Florida Department of Environmental Protection's use of the Work.
This release and indemnification shall be binding upon me, and my heirs, executors, administrators and
assigns. I have read and understand the terms of this release.
Owner Signature: Date:
PhotoNideo/Audio/Artwork Recording Filename(s):
Location of photo/video/audio recording/artwork:
Name of Person Accepting Work Submission:
DEP Agreement No.CM742,Exhibit G Page 1 of 1
000-020(Effective 02-17-2016)