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Exhibit 2
EXHIBIT B RESO FILE # 05-00985 ACCEPTING DEP GRANT CZ603 WITH ATTACHMENTS City of Miami Master Report Resolution R-05-0560 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 05-00985 Version: 2 Enactment Date: 9/22/05 Controlling Office of the Status: Passed Body: Mayor Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACIIMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "VIRGINIA KEY MASTER PLAN COASTAL ZONE MANAGEMENT PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN AN AMOUNT NOT TO EXCEED $100,000, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION ADMINISTERING FEDERAL FUNDS FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD COASTAL ZONE MANAGEMENT PROGRAM (DEP NO. CZ603), FOR DEVELOPING THE VIRGINIA KEY MASTER PLAN, IN THE AMOUNT OF $50,000, WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI, IN THE AMOUNT OF $50,000; F 1:11"Y MANAGER-TD ACCEPT SAID GRANT AND TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. Reference: Introduced: 9/2/05 Name: Grant Agmt. with the FL. Dept. of Environmental Protection- Virginia Key Beach Masterplan Requester: Department of Planning Notes: Cost: Final Action: 9/22/05 Sections: Indexes: Attachments: 05-00985 Legislation.pdf, 05-00985 Exhibit I.pdf, 05-00985 Exhibit 2.pdf, 05-00985 Exhibit 3.pdf, 05-00985 Exhibit 4.pdf, 05-00985 Exhibit 5.pdf, 05-00985 Exhibit 6.pdf, 05-00985 Exhibit 7.pdf, 05-00985 Exhibit 8.pdf, 05-00985 Summary Form.pdf Action History Ver. Acting Body Date Action Sent To Due Data Returned Result 2 Office of the City 9/16/05 Review Pending Attorney 2 City Commission 9/22/05 ADOPTED City of Miami Pep 1 Printed on 9/14/2606 i This Matter was ADOPTED on the Consent Agenda. Aye: 5 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez, Tomas Regalado and Jeffery L. Allen 2 Office of the City Attorney 2 Office of the Mayor 2 Office of the City Clerk 9/23/05 Reviewed and Approved 9/23/05 Signed by the Mayor Office of the Mayor 9/26/05 Signed and Attested by City Clerk City of Miami Page 2 Printed on 9/I4/2006 AGENDA IT SUMMARY PQRM FILE ID: Dew CO S 5 Date: 8/25/2005 Requesting Department: Planning Department Commission Meeting Date: 9/22/2005 District Impacted: 2 Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Grant Agreement between the Florida Department of Environmental Protection and the City of Miami for developing the Virginia Key Master Plan Purpose of Item: Resolution by the Miami City Commission, authorizing the City Manager to accept a grant award in the amount of $50,000, from the State of Florida, Department of Environmental Protection ("DEP") to develop the Virginia Key Master Plan,; authorizing the City Manager to execute the necessary documents, in a form acceptable to the City Attorney, to implement the acceptance of said grant. Background Information: See Attached Supplemental Sheet, Budget Iimnact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CiP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: CIP Budg t Risk Managem Purchas'n Dept, Directo Chi h City Manager Musing .or - Grants Page 1 of 2 Supplemental Background Sheet Subject: Grant_ Agreement between the Florida Department of Environmental Protection and the City of Miami for developing the Virginia Key Master Plan Background Information; The City of Miami and Miami -Dade County are jointly seeking to implement a master planning process that studies Virginia Key in its entirety. Request for Qualifications ("RFQ") No. 03-04-028 was issued to secure a multidisciplinary team of consultants with demonstrated experience to provide services to create a Master Plan for Virginia Key for the office of the City Manager. Resolution No. 04-01-433 further authorized the City Manager to negotiate a professional services agreement with EDSA, Inc., the top ranked firm; said negotiations are ongoing and final Professional Services Agreement is expected to be considered by the Miami City Commission in the near future. The grant awarded by the Department of Environmental Protection provides for total funding in the amount of $50,000 with a local match of an equal amount being funded by the City of Miami for developing the Virginia Key Master Plan. Part of the cost of the Master Plan currently under negotiation will serve to satisfy the required City funding match so that no additional funding will need to be earmarked, Page 2 of 2 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.n,Iaml.tl.ua File Number: 05-00985 Final Action Date: A RESOLUTION OF THE M1AMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION ADMINISTERING FEDERAL FUNDS FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, FOR DEVELOPING THE VIRGINIA KEY MASTER PLAN, IN THE AMOUNT OF $50,000, WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI, IN THE AMOUNT OF $50,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. WHEREAS,-on_Octaber_.20.0.4,_the Glty_of Miami {"Cif") submitted a proposal to the State of Florida, Department of Environmental Protection ("DEP"), under the Coastal Zone Management Program Grant Program, requesting $50,000 to aid in funding the Virginia Key Master Plan; and WHEREAS, in April 2005, the City was nominated by the DEP for funding awards pending approval from the National Oceanic and Atmospheric Administration ("NOAA"); and WHEREAS, the City was awarded the grant by NOAA in July, 2005, in the amount of $50,000 with a cash match in the amount of $50,000 to be provided by the City; and WHEREAS, it was determined that the most efficient use of this grant award was for developing the Virginia Key Master Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the Preamble of this Resolution are adopted by reference and incorporated as If fully set forth in this Section. Section 2. The City Manager Is authorized{1} to accept a grant award from DEP administering federal funds from NOAA, for developing the Virginia Key Master Plan, in the amount of $50,000, with a local match provided by the City in the amount of $50,000, Section 3, The City Manager is further authorized(1) to execute an Agreement, in substantially the attached form, and to provide all other necessary documents In order to implement acceptance of and compliance with said grant. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.(2) City of Miami Page 1 of 2 Printed On: 9/11/4005 File Number, 05-00985 APPROVED AS TO FARM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnoteat {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions, {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shalt become effective immediately upon override of the veto by the City Commission, City of Miami Page 2 of 2 Printed On: 9/12/2005 DEP AGREEMENT NO. CZ603 STATE OF FLORIDA COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and the CITY OF MIAMI, whose address is 3500 Pan American Drive, Miami, Florida 33133 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide federal funding for DEVELOPING A MASTER PLAN FOR MIAMI'S VIRGINA KEY, WHEREAS, the Department is the recipient of federal financial assistance from the National Oceanic and Atmospheric Administration (NOAA), awarded an July 1, 2005, pursuant to cooperative annual award #NAO5NOS41 91 074 and, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal financial assistance from the National Oceanic and Atmospheric Administration; and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in the performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the — — -- —Department and-they►rantee-do-herebyagree-as#ollows 1. TERMS OF AGREEMENT A, The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein, which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably. B. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee. further agrees to include this provision in all subcontracts issued as a result of this Agreement. C. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and receipt of funding from NOAA, The parties hereto understand that this Agreement is not a commitment of future appropriations. D, The Grantee acknowledges that receipt of this grant does not imply that the project qualifies for any applicable state permit or approval, 2. pERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and end no later Than September 30, 2006, inclusive. The grantee shall be eligible for reimbursement for work performed on or after July 1, 2005. Full execution of this Agreement by the Department will be withheld until such time as the Department has received final project approval from 3, FUNDING/CONSIDERATION A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $50,000 toward the total project cost described in Attachment A. B. Only project costs incurred on or after July 1, 2005 and on or prior to September 30, 2006, as shown by project invoices, are eligible for reimbursement. In order to be reimbursed, costs under this Agreement DEP Agreement No. CZ603, Page 1 of 10 DEP 55-236 (04/05) must be obligated and all work completed by the Grantee by the end of the grant award period established in paragraph 2, Ten percent (1O%) of the funds eligible for reimbursement under this Agreement may be withheld pending receipt and approval of ail work products and deliverables as identified in Attachment A, C, The parties hereto understand and agree that this Agreement requires a cost sharing or match on the part of the Grantee in the amount of $50,000 in cash, in -kind, or third party in -kind, towards the work funded under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFR Part 31, 15 CFR 14.23, 15 CFR 24.24 and OMB Circulars A-87, A-122 and A-2 i, as applicable, D. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference, Organization Type State, local or Indian tribal government. Private non-profit organization other than an (1) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions Applicable Cost Principles OMB Circular A-87 'OMB Circular A-122 OMB Circular A-21 For profit organization other than a hospital and an organization named in OMB Circular A-122 as not --subject-to-that-circular 48 CFR Part 31 4, REPORTS A. The Grantee shall submit a quarterly Progress Report Form, attached hereto and made a part hereof as Attachment B. Quarterly reports shall be submitted electronically to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. In addition to the final quarterly progress report, the Grantee shall submit a final project report. The final project report shall also contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The final project report must comply with the publication requirements as stated in Paragraph 22 of this Agreement. After approval by the Florida Coastal Management Program, five (5) hard copies shall be submitted to the Department's Grant Manager no later than twenty (20) days after the Agreement termination date. Final payment will be held until receipt and approval of the Final Project Report. B. The Grantee shall submit quarterly a Payment Request Form (Attachment C), in conjunction with the Progress Report Form. Failure to comply with these reporting requirements will result in non-payment or termination. To be eligible for reimbursement, costs must be in accordance with the requirements of 15 CFR Parts 14 and 24, as applicable C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment C, Payment Request Form. In addition to the Payment Request Form, the Grantee must provide a Schedule of Expenditures, Schedule of Match and copies of invoices, The Schedule of Expenditures shall include, the invoice number, a description of the goods or services purchased, date of the transaction, amount paid, check number and vendor name. All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes. D. In addition to the invoicing requirements contained in paragraphs 4.A, B, and C, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support DEP Agreement No. CZ603, Page 2 of 10 DEP 55-236 {04/05) of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post - audit thereof, State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at www.dbfstate.fl,us/aadirlreference_tbuide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at }tttp:/(wvt+w,access,apo.govin.ara/cfr/cfr- table•seareh.html and OMB Circulars A-87, A-122, A-21, at http:/LwyNd,whttehouse,gov/ormb/circulars/index.html#numerical, 5. INPEMNIFICATION/LIMITS OF LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes, 6. DEFAULT/TERMINATION A, The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement if the work described herein has not commenced within 60 days of the date of execution of this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. C, The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. E. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. F. The Department of Environmental Protection will decline reimbursement to Grantee for services provided under the terms of this Agreement if Grantee does not submit payment requests and quarterly reports in accordance with the provisions of section 4. Payment requests and quarterly reports received by the Department after the 20a' day following the completion of any quarterly reporting period will be considered late -filed and render Grantee in default under the terms of this Agreement. G, Notice shall be sufficient if delivered personally or by certified mail to the address set forth below. Any and all notices shall be delivered to the parties at the following addresses: The Grantee's contact for delivery of notices: Enrique Nunez City of Miami 444 SW 2"d Avenue, 3'd Floor Miami, Florida 33130 DEP Agreement No, C7603, Page 3 of 10 DEP 55.236 (04/05) The Department's contact for delivery of notices: Dornceia Allen, Grants Specialist V Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399-3000 7. REMEDIES If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances, A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee, B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C, Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F, Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, Other Grantee costs during suspension or after termination, which are necessary and not reasonably avoidable, are allowable if both of the following apply: I. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are non -cancelable; and 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place, G. The remedies identified above do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 8. RECORD KEEPING/AUDIT A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, NOAA, the Department, the State of Florida, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B, The Grantee 'agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition, DEP Agreement No. CZ603, Page 4 of I0 DEP 55.236 (04/05) 9. SPECVVL AUDLT REQUIREMENTS A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1). A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the updated information. S. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination, For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number FSAA_CL2) that can be found under the "Links/Forms" section appearing at the following website: http://www.fsaa.state.fl,us/. The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10, SUBCONTRACTS A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to comply with the procurement requirements contained -in 15 FR 24-and-1 C-1}R-14;44 s-applicable:-the-Griintee-agrees-to-be-responsible-or-the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B, The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida, Upon request, the Department will furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. LOI3BYING PROHIBITION In accordance with Section 216,347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 12, CONTACTS A. The Department's Grant Manager (who may also be referred to as the Department's Project Manager) for this Agreement is identified below, Dornecia Allen, Grants Specialist V Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399-3000 Telephone No,: (850)245-2161 SunCotn No.: 205-2161 Fax No.: (850)245-2191 SunCom Fax No,: 205-2191 E-mail Address: Dornecia.Allen@dep,state.fLus DEP Agreement No. CZ603, Page 5 of 10 DEP 55-236 (04/05) 13. The Grantee's Grant Manager is (whichcht f identified also obe referred to as the Grantee's Project Manager or Point of Contact) for this Agreement w. Enrique Nunez City of Miami 444 SW 2nd Avenue, 314 Floor Miami, Florida 33130 Telephone No.: (305) 416-1419 FaxNo,: (305) 416-2156 E-mail Address: ENunez.@ci.miami,fl.us C. The Grantee's Fiscal Agent for this Agreement is identified below, Joe Mates City of Miami Parks & Recreation Department 444 S.W. 2'4 Ave. Miami, Fl 33130 Telephone No.: (305) 416-1319 Fax No.: (305) 416-2154 E-mail Address: JMatas chi ci.miami.fl.us 13,--1r A. To the extent required by Agreement, Workers' Compensationnsured Ins Insurance foroall secure the Grantee aintain during employees the life of this Agr , connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the sub -contractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law, In case this Agreement is not any class tif emstatutes the Grantee s engaged in azardous work shall provide, ndreause each subcontractor toted under Workers' provide, adequate Compensation a , insurance satisfactory to the Department, for the protection of the Grantee's employees not otherwise protected. ed for liability insurance, iate and B. The Granteele Florida and represents such self insurarthat it is hicedoffers protection applicable to the rGrantee's allowable under Foilaw, a officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 14. CON The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 15. EQUIPMENT The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement, 16. CraANG.F.ORDEIZS The Department may at any time, by written order designaspecifications, ed be a change order, line make any changent authorizedin nthe work within the general scope of this Agreement (e.g., P mutual agreement perm, oftbodt ormannasr evidenceda performance, writing, Anys, etc,). All change change order whchrcauses an increaseor mutual agreement both parties decrease in the Grantee's cost or time shall require formai amendment to this Agreement. DEP Agreement No. CZ603, Page 6 of 10 DEP 55-236 (04/05) 1 17, QUALITY ASSURANCE INof Apnllcahle.I If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions, All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made a part hereof as Attachment G, Quality Assurance Requirements 18. DISCRIMINATION A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement, B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity, The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at —850/48-7 ©915,- -- -- C, The Grantee agrees to comply with the provisions of 15 CFR. Part 8 "Nondiscrimination in Federally Assisted Programs." No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in the performance of this Agreement. 19, DE ARMENT/SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (15 CFR 26), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded front participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by NOAA to the Department. 20, COPYRIGHT, PATENT AND TRADEMARK 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 government purposes: A. The copyright in any work developed under a grant or contract under a grant. B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support. C. All patent rights, copyrights and data rights must be in accordance with 15 CFR 14,36 and 15 CFR 24.34, as applicable. 21, JSEARCH MISCONDUCT Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. It does not include honest errors or differences of opinion. The recipient organization has the primary responsibility to investigate allegations and provide reports to the Federal Government. Funds expended on an activity that is determined to be invalid or unreliable because of scientific misconduct may result in a disallowance of costs for which the institution may DEP Agreement No. CZ603, Page 7 of 10 DEP 55.236 (04/05) be liable for repayment to the awarding agency. The Office of Science and Technology Policy at the White House published in the Federal Register on December 6, 2000, a final policy that addressed research misconduct, The policy was developed by the National Science and Technology Council (65 FR 76260). The U.S. Department of Commerce may accept the recipient's findings or proceed with its own investigation. The Grants Officer shall inform the recipient of the U.S. Department of Commerce's final determination. 22. PUBLICATIONS/AUDIOYISUALS/SIONS Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Florida Coastal Management Program for review and approval. This does not apply to the required quarterly reports referred to in paragraph 4 of this Agreement. A. Publications, printed reports (other than the required performance, financial reports or publications as identified in paragraph 23,B, below), videos, websites or other materials must include the NOAA logo (logos can be found at the FCMP web site at: lttto://www,den.state.f us/cmp/grants/logos/index,htm or contact the FCMP to get a copy) and the following statement on the cover of first page: "This (report/video/website/publication) 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. NVA0SNDS4191074, The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the Stale of Florida, NOAA or any of its subagencies," The next printed line shall identify the month and year of the publication. B. Publication of the results of research projects in appropriate professional journals is encouraged as an important method of recording and reporting scientific information, The recipient is required to submit a copy to the funding agency when releasing information related to a flrnded project, which includes a statement that the project or effort undertaken was or is sponsored by the U,S, Department of Commerce, The recipient is also responsible for assuring that every publication of material (including Internet sites) based on or developed under an award, except scientific articles or papers appearing in scientific, technical or professional journals, contains the statement shown in paragraph 23,A. above, C. Audiovisuals: Recipients must acknowledge NOAA support on any audiovisual (e.g., website, video, slides, etc.) which is produced with financial assistance, 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. The acknowledgment must not represent or suggest in any way that the views expressed are those of the National Oceanic and Atmospheric Administration and must include the statement shown in paragraph 23.A. above. If the nature of the audiovisual is such that it is not intended for presentation to the general public, the following statement, or its equivalent, must be included in the work: "The National Oceanic and Atmospheric Administration has not approved this (e.g., video, slides, websites, publications, etc.) for presentation to the general public." The Recipient must receive approval from the FCMP and NOAA before beginning production and distribution of any audiovisual (e,g., video, slides, etc.) funded under this Agreement. Please schedule at least thirty days for this approval. The Recipient must also provide the FCMP with shooting scripts and provide two (2) copies of the audiovisual (e.g., video, slides, etc.) upon completion. D. Sign Requirements for Construction Projects: The Recipient shall erect a sign at the site of any construction project, maintain it during construction and the sign must remain at the site permanently. This requirement shall survive the completion date of the Agreement as established in paragraph 2. The sign must be at least 2' x 3' in size and include the language shown below, and the NOAA, DEP and FCMP logos. Logos can be found at the FCMP web site at: DEP Agreement No. CZ 03, Page 8 of 10 DEP 55-236 (04/05) http://www.den.statc.fl.us/cmp/grants/logos/index.htm, Sign colors should complement the surrounding area. The following language is recommended: "Funding for this project was provided 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, U. S. Department of Commerce." The next printed line shall identify the completion month and year of the project. 23. STATEMENT OF NOAA AND FCMP FUNDING PERCENTAGE AND DOLLAR AMOUNT When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with FCMP funds, all Recipients receiving FCMP funds shall clearly state: A. The percentage of the total cost of the program or project that is financed with FCMP funds; and, B. The dollar amount of FCMP funds to be expended on the project or program. For example: " % of the total cost of this project is financed with funds through a grant from the Florida Coastal Management Program, Florida Department of Environmental Protection, and from the National Oceanic and Atmospheric Administration in the amount of $ 24, ___CONTRACT PROVISIONS�� The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment 1, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment J, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 25, ;..AND ACQUISITION Land acquisition is not authorized under the terms of this Agreement. 26, ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties, Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attachedto the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CZ603, Page 9 of 10 DEP 55-236 (04/05) IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below, CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: Date: By: Sally B. Mann, Director Intergovernmental Programs Date: Dornecia Allen DEP Grant Manager Approved as to form and legality: Approved as to fo� legality: Gf" ccccJLPr2c t --GRA--TEE Attorney—T �— — �� DEP-Program Attorney--- FL31D No,; 59-60Q03J5 '"For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement; Specify Letter/ Type Number Description (include number of pages) Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment 1— 1— 1= lc iilm ft *!tol Project Work Plan (5 Fazes) Prpgr0,ss Report Form (2 Pages/ payient Request Form (3 Pages) Special Audit Requirements (5 Paps) Disclosure of Lobbving Activities (2 Pages) attach only if applicable Property Reporting Form (1 Paae) if applicable ittpeh only i(applicable Quality Assurance Requirements 114 Pages) attach only if applic$pie Certification Regarding Deb 'ment/Sus_nensiori_(2 Pages) attach only if applicable contract Provisions (4 Pages) RegulationsLl Page) DEP Agreement No, CZ603, Page 10 of 10 DEP 55.236 (04/05) ATTACHMENT A PROJECT WORK PLAN FY05-06 DEP Agreement # CZ603 Protect Title; peveloaiuLa Master Plakgoj Miami's Virginia Kev Redolent Organization Name; City of Miami Chief Elected Official or Agency Head: Robert Ruano Title; Grant Administrator Address: 3500 Pan American Drive Zip Code: 33133 ___ .____.Area Code-and_T.clephone-Number: 05) 416-1532 Area Code and Facsimile Machine Telephone Number: (305) 416-215 ! E-Mail Address: RRuano@ci.miami.fl.us Project Manager Organization Name: City of Miami Name: Enrique Nunez Address: 444 SW 2" Avenue, 3rd floor Zip Code: 33130 Area Code and Telephone Number: (305) 416-1419 Area Code and Facsimile Machine Telephone Number: (305)416-2156 E-Mail Address: ENunez(rci.miami.fl.us Mailing Address far Warrant (if other than the Recipient address): County in which project is located; Miami -Dade Project Is Statewide: DEP Agreement No. CZ603, Page 1 of 10 DEP 55-236 (04/05) Scope of Work Information Abstract Description: Briefly but completely describe the problem to be addressed and the project solution to the problem, Please limit to one page. Virginia Key is a natural barrier island that lies within Biscayne Bay and is located proximate to downtown Miami, the Port of Miami and Miami Beach, In order to preserve the island's unique natural beauty and character, a master plan will be initiated to devise a 'road map' for preserving the island. The master plan will focus on mixed -use waterfront development, recommended improvements to the existing sewage treatment plant, restoration of tidal flow to the historic Virginia Key Beach Park, protection of wetlands and upland habitats along the Virginia Key Interpretive Trail, and other island -wide improvements. FCMP funds will be used for contract services to survey existing conditions and conduct a site analysis of Virginia Key, facilitate a community design workshop, produce a draft master plan and final report, and coordinate project -related meetings to steer work -in -progress DEP Agreement No, CZ603, Page 2 of 10 DEP 55-236 (04l05) Project Objectives and Related Tasks and Deliverables: List projectobjectives) and tasks that will accomplish each objective, Indicate the quarter in which these tasks will occur and will be delivered, Deliverables or work products must be provided. Objective 1; Research and Data Collection Task 1: Survey of existing conditions and Site Analysis of Virginia Key Deliverable; Site Analysis Task 2: Research Historic References Deliverable: Site Inventory Task 3; Review pertinent plans and studies Task 4: Environmental Research Task 5: Economic Analysis Task 6; Traffic Consultant/Analysis Objective 2: Community Design Workshop Task 1: Local Community Meetings Task 2: Community Public Information Workshop Objective 3; Producing a Draft Master Plan Task 1: Preliminary Master Plan Task 2; Final Master Plan and Implementation Strategy Deliverable; Copy of Final Master Plan Task 3: Virginia Key Urban Design Regulations Objective 4: Master Plan Documentation and Communication Task 1: Master Plan Report Deliverable; Copy of preliminary draft of master plan report Task 2: Preparation, Printing, Copying, etc, of Master Plan Report Deliverable; One (1) bound copy and one (1) electronic copy of the Master Plan Report and Virginia Key Urban Design Regulations Task 3: Mounted Renderings Task 4: Virginia Key Master Plan Website and Public Information Flyers/Community bulletins Deliverable: Copy of public information flyers/community bulletins. Task 5: Format of Deliverables Objective 5: Master Plan Project Administration Task 1; Plan Public meetings with city and county staff Task.2: Hold public meetings DEP Agreement No. CZ603, Page 3 of 10 DEP 55.236 (04/05) Project Budget Schedule: Type dollar amounts only in applicable categories (round to the nearest dollar; no cents) and leave other categories blank. If your grant Agreement requires match, it must, at a minimum, equal the FCMP funds requested, or one hundred percent (100%). If Automated Data Processing equipment is being purchased please complete and submit Appendix 1. If the cost for any service or equipment is over $25,000 and will be from a noncompetitive sole source, please also submit a Sole Source Justification Form (Appendix 2). A budget transfer of funds (within approved budget categories), in an amount not to exceed 10 percent of the FCMP total budget, is allowed without requesting an official amendment. Budget CateEory FCMP Funds MATCH Funds 1. Salaries 9,200.00 2. Fringe Benefits 4,302,00 3, Travel 4, Equipment Purchases 5, Supplies 6.000.00 b.. Contractuai Setvices,-.---_ 5-0.000 0.q-- --U 546.00_ 7. Construction S. Other Expenses 15,952,00 9, Indirect Charges FCMP Total 50.000 Match Total 50.000 Total Protect Cost: $109.000 DEP Agreement No. CZ603, Page 4 of 10 DEP 55-236 (04/05) Pro'eet Budget Narrative: Describe line items for each applicable budget category shown on the budget schedule, Provide sufficient detail to show cost relationship to project activities, Complete for both FCMP and match items, if applicable, If in -kind match is being provided by a third party, a letter from that party confirming the amount and type of that match must be included with this project work plan. Note: Indirect costs are not allowed as match. FCMP Funds: Contractual: $50,000 FCMP funds will be used towards the full cost of the environmental consultant and towards partial costs of the landscape architecture/planning firm which equals the requested $50,000, Match Funds: Salary: $9,200 -- 100% from City (local cost share) -- This represents a contribution by the applicant of 10% of the Project Manager's time, The Project Manager, a Registered Landscape Architect, will provide overall direction for the Project. The salary figure of $92,000 is based on his current salary as an Acting Planner III, Fringe Benefits: $4,302 -- 100% from City -- The City's fringe rate for civilian personnel in the Project Manager's pay class is 46% of salary, Supplies: $6,000 -- Supplies include the following: 1) Photographic and architectural related supplies including but not limited to foam core boards and laminating for mounting presentations and renderings of project concepts and components. 2) c-prole idiom or Mal products, reports, rd aW:ngs, and project deliverables. 3) Software towards needed for the creation and maintenance of project website, 4) Courier services and express mailings, 5) General Office Supplies Contractual Services: $11,546 -from City. Various city staff along with a Project Manager, an experienced Planner, at 10% of the project costs, will coordinate the drafting of the scope of work and assure that the project timelines are adhered to, and that reports are completed. The remaining funds will be used for the master planning process, A group of consultants has been selected through the RFQ process, A landscape architecture/planning firm at 42% will create and lead the process outlined in the project description. In addition, an economic consultant at 14%, an environmental consultant at 10%, an urban design consultant at 12%, and a traffic consultant at 12% will assist in the process. Other Costs - $18,952 - 100% from City. Other costs include the preparation of land, boundary and buthymetric surveys for water depth information required for the inventory and analysis phase of the master plan study. The preparation of surveys and gathering of information necessary for the master plan study will be performed by private land surveyors for the City. DEP Agreement No. CZ603, Attachment A, Page 5 of 6 DEP 55-236 (06/04) ATTACHMENT B PROGRESS REPORT FORM DEP Agreement No.; Grantee Name; Grantee Address: Grantee's Grant Manager; Telephone No.: Reporting Period; Project Title: Provide a summary of project accomplishments to date by objective and task. If tasks were not addressed during the reporting period, explain why; if tasks were completed and reported on in previous reporting period, identify the reporting period in which the task was completed. Identify below, and attach copies of, any relevant deliverables being submitted for the project for this reporting period (e.g., Deliverable 1,1; copies of permits, Deliverable 1.2: before photographs, etc.) Provide an explanation for any anticipated delays or anyproblems encountered. DEP Agreement No. CZ603, Attachment B, Page 1 of 2 • INSTRUCTIONS FOR COMPLETING ATTACHMENT B PROGRESS REPORT FORM DEP AGREEMENT NO.: This is the number an your grant agreement that starts with CZ6_ _ GRANTEE NAME: Enter the name of the grantee's agency. GRANTEE ADDRESS: Enter the address that is on the first page of the grant agreement. GRANTEE'S GRANT MANAGER: Enter the person identified as grant manager in the grant agreement. TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted, REPORTING PERIOD: This is the beginning and ending date of the reporting period; it can cover more than one quarter. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. Summarize project accomplishments to date by objective and task. If tasks were not addressed during the reporting period, explain why; if tasks were completed and reported on in previous reporting period, please identify the reporting period when the task was completed, This section shows the progress to date for each objective and task scheduled to begin or be completed within the reporting period. If there was no progress for a task that was to start or be completed, please explain the reason. If tasks were completed and reported on in a previous report, please state when they were completed (for example: "This task was completed and reported on in the report submitted October 20"), Provide a brief description of the progress, do not merely say "on -going" or "completed." Identify below, and attach copies of, any relevant deliverables being submitted for this reporting period (e,g., report data sets, links to on-line photographs, etc.); Ensure that any deliverables listed in the grant agreement, as well as those not listed are included. For instance, you may send copies of agendas or minutes of meetings, photos of displays, or other supporting documentation to show the completion or progress towards a task. Label the deliverables by objective and task number(s) that they are associated with (for example; Deliverable 1.1 for Objective 1, task 1). Provide an explanation for any anticipated delays or any problems encountered: Provide a brief summary of any anticipated or encountered problems or delays. Questions regarding completion of Progress Reports should be directed to Dornecia Allen at (850) 245-2161 or Domecia,Allen@dep.state.fl,us. DEP Agreement No. CZ603, Attachment B, Page 2 of 2 ATTACHMENT C PAYMENT REQUEST FORM GRANTEE: GRANTEE'S GRANT MANAGER: DEP AGREEMENT NO.: DATE OF REQUEST: AMOUNT REQUESTED:$ PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMAgY SECTION [Effective Dale of Grant through End -of -Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS CLAIM TOTAL CUMULATIVE FCMP , CLAIMS MATCHING • FUNDS CLAIMED TOTAL CUMULATIVE MATCHING FUNDS Salaries $ $ $ .$ Fringe Benefits $ $ $ $ Travel $ $ S $ Equipment Purchases $ $ $ $ Supplies $ $ $ $ Contractual Services $ S $ $ Construction $ $ $ $ Other Expenses $ $ $ $ Indirect $ $ t-1.f1 i1.1I11TZil,i.q7.111 TOTAL AMOUNT S $ $ S GRANT BUDGET AMOUNT $ ridt1 1 Pkrif I repiON - ' $ NI 14,1 ,4 - ' 1 ADIV/4 Less Total Cumulative Payments of $ 1.,1,1111: $.11,r:: iiiii . A i• 1 l . t1i REMAINING BUDGET IN GRANT $ 1.1iiti A:0411.00 $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities, Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number **PLEASE DO NOT ALTER THIS FORM** DEP Agreement No. CZ603, Attachment C, Page 1 of 3 INSTRUCTIONS FOR COMPLETING ATTACHMENT C PAYMENT REQUEST FORM GRANTEE: Enter the name of the grantee's agency. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ6 _ _ . DATE OF REQUEST: This is the date you are submitting the report. AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS CLAIM" column, GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. PERCENT MATCHING REQUIRED: Enter your match requirement here. It is either 100% or N/A for Section 309 grants. T TUIIES"S' NIMARYSLC.'TION: "AMOUNT OF THIS CLAIM" COLUMN: Enter the amount that was paid out during the reporting period for each approved budget category, This must be by budget category as in the currently approved budget in Attachment A, Project Work Plan, or amendment of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of Attachment A. DO NOT ALTER FORM OR COMBINE BUDGET CATEGORIES. Enter the column total on the "TOTAL AMOUNT' line. Enter the FCMP budget amount on the "GRANT BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' tine. "TOTAJ CUMULATIVE FCMP CLAIMS" COLUMN: Enter the cumulative amounts that have been claimed to date for FCMP expenses by budget category. The final report should show the total of all claims, first claim through the final claim, etc, Enter the column total on the "TOTAL AMOUNT' line. DO NOT ENTER ANYTHING IN THE SHADED AREAS. "MATCUIt'4G FCJNDS5LAIMED" COLUMN: Enter the amount to be claimed as match for the reporting period. This needs to be shown under specific budget categories according to what is in the currently approved Attachment A, Project Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "GRANT BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLU N: Enter the cumulative amount you have claimed to date for match by budget category. Put the total drill on the line titled "TOTAL AMOUNT." The final report should show the total of all claims, first claim through the final claim, etc. DO NOT ENTER ANYTHING IN THE SHADED AREAS. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified In the grant agreement, DEP Agreement No, CZ603, Attachment C, Page 2 of 3 RtEQUIRED BACK-UP DOCUMENTATION; Schedule of Expenditures should include, the invoice number, a description of the goods or services purchased, date of the transaction, amount paid, check amount, check number and vendor name. Schedule of Match should include, the invoice number, a description of the goods or services purchased, date of the transaction, amount paid, check amount, check number and vendor name. Copies of Invoices (Not applicable to slate agencies) Copies of Travel Reimbursements if applicable FLAIR Report (State agencies only) NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form (available from staff of the Florida Coastal Management Program or use your affiliation's reimbursement form, provided it has been approved by the State of Florida Chief Financial Officer). **DO NOT FORGET TO SUBMIT A COMPLETED PROGRESS REPORT IN CONJUNCTION WITH YOUR PAYMENT REQUEST** If you have any questions please do not hesitate to contact Leeanne Zimmerman at (850) 245-2164. DEP Agreement No. C7,603, Attachment C, Page 3 of 3 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment, MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 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 es defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART It 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. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection, The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e„ the .cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4, The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at http://12.46.245,173/cfda/cfda.html. DEP 55-215 (0005) DEP Agreement No. CZ603, Attachment D, Page 1 of 5 f PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a Stale single or project -specific audit for such fiscal year in accordance with Section 215,97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part Il, 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)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215:97, Flotid tat tes, is noirequired. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog, or the Governor's Office of Policy and Budget website located at • w. r' c / i ove i nt cts/o Of ht t for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website Jittp://www.lee,gtate.fl.us/, Governor's Website http://www,tiitiyflorida.com/, Department of Financial Services' Website )ittp://www.dbf,state.fl,us/ and the Auditor General's Website ]tttg,l/ytww.state.fl.us/at3dnetl. PART III: OTHER AUDIT REQUIREMENTS (NOTE, This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State Iaws and is not in conflict with other Federal or State audit requirements), Pursuant to Section 215.97(7)(rn), Florida af Statutes, ddrin agencies may conduct or arrange far audits of accordance with Section 215.97, Florida Statutes. In such iassistance , State an ventthe awardingconducte mustagency st arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART 1 of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55.215 (04/05) DEP Agreement No, CZ603, Attachment D, Page 2 of 5 • A. The Department of Environmental Protection at the following address, Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections 320 (e) and (fj, OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART I1 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A, The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B, The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (O4MOS) DEP Agreement No. CZ603, Attachment D,"Page 3 of 5 4. Copies of reports or management letters required by PART Ili of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting .financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-I33, or Chapters 10,550 (local governmental entities) or I0.650 (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 reco s demonstrating its compliance with the terms of this AgreemeniTor a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of' Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55.215 (04/05) DEP Agreement No, CZ.603, Attachment D, Page 4 of 5 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING; Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Original Agreement Federal Agency U.S. Department of Commerce CFDA Number 11.419 CFDA Title Coastal Zone Administration Awards State Resources Awarded to the Recipient Pursuant to this A • reement Consist of the Following Matching Resourc Federal Program Number Federal Agency CFDA CFDA Title State Resources Awarded to the Recipient Pursuant to ems 4 _ State Pr gram State Number Funding Source Fiscal Year rcement Consist of the Followin Number 111111.1.11.1111111.11.11.1.1111111111.11 111111.1.11111.111111111111.1111.1111111111111 111111111.1111111111111111111.1111111.11111111111.1 Fundi: es for Fe Fundi: Resources Sub ect to Sectic Funds Total Award For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [httpa/ 12,46.245.173/cfda/efda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state.11.us/fsaa/catalogl. The services/purposes for which the funds are to be used are included in the Contract scope of services/work, Any match required by the recipient is clearly indicated in the Contract, DEP Agreement No. C1603, Attachment H, Page 1 of 2 ATTACHMENT Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S,C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled, The eeipient-shall-report-all-suspected-or repot-tcd relations-ttr-the-Federal-a-warding-agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination, The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available an the open market, or contracts for transportation or transmission of intelligence. DEP Agreement No. CZ603, Attachment I, Page t of 4 5, Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401,t and Gov "Rights to InvContracts de by and Cooperative Organizations and nyall Business implementingyrms Under regulations Government Grants, Contr issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal 1 t seq.). iolations Water Pollution Control agency Act as amended (33 and the Regionals Officesofethe Environmental shall be reported to Protection Agency the Federal awarding g y (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifieshe to the tier orga above othat it t will not and has not used Federal appropriated funds to pay any person influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shalLa soslisel s.e_any—labbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, ,Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors witltexceed and that�of its principal purchase shall provide the required certification regarding s exclusion status 9. Section 508 of the Federal Water Pollution Control Act, as amended(33 U.Sracts and 1368) subgand Section 1424(e) of the Safe Drinking Water Act (42 U,S.C. 300h-3(e)) - ts of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Americans with Disabilities Act of 1990 (42 USC 12101 et, seq.) prohibiting discrimination on the basis of disability under programs, activities and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation, (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L. 92-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of DEP Agreement No. CZ603, Attachment 1, Page 2 of 4 alcohol abuse or alcoholism (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S,C, 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) EO 13166 (68 FR 14180) to Federal financial assistance recipients on the Title VI prohibition against national origin discrimination affecting Limited English Proficient (LEP) persons, (j) Title VII of the Civil Rights Act of 1964, 42 U.S.C. which prohibits discrimination on the basis of religion, a religious corporation, association, educational institution or society, any other nondiscrimination provisions in the specific statute(s) made; (k) Title IX of the Education Amendments of 1972 (20 USC 1681 et. seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; (1) compliance with Parts II and III of EO 11246 (30 FR 12319, 1965), as amended by EO 11375 (32 FR 14303, 1967) and 12086 (43 FR 46501, 1978), require Federally assisted construction contracts to include the nondiscrimination provisions of sections 202 and 203 of that EO and Department of Labor regulations implementing EO 11246 (41 CFR 60-1.4(b), 1991), and the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs, These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 — 150 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. CompIiance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation plans protection of under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93.523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205), (i) restrictions for actions within a Coastal Barrier Island under the Coastal Barrier Island Resources Act (16 U.S.C. 3501 et seq.), (j) The Resource Conservation and Recovery Act of 1976, as amended (42 U.S,C. 6901 et seq.) which regulates the generation, transportation, treatment and disposal of hazardous wastes, (k) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and the Superfund Amendments and Reauthorization Act of 1986, and the Community Environmental Response Facilitation Act of 1992, as amended, (42 U.S.C. 9601 et seq.), and (1) The Environmental Justice in Minority Populations and Low Income Populations, EO 12898, February 11, 1994, which identifies and addresses adverse human health or environmental effects of programs, policies and activities on low income and minority populations. UEP Agreement No. Cz603, Attachment I, Page 3 of 4 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16, Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 17. Compliance with 15 CFR Part 27 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the acquisition, care, handling, and use in projects, and implementing regulations, 9 CFR Parts 1, 2 and 3; the Endangered Species Act (16 U.S.C. 1531 et seq); Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) taking possession, transport, purchase, sale, export or import of wildlife and plants, The Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. 4701 et seq.) ensure preventive measures are taken or that probable harm of using species in minimal if there is an escape or release, and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by Federal financial assistance, No research involving vertebrate animals is permitted under any U.S. Department of Commerce financial assistance award unless authorized by the Grants Officer. 19, Compliance-w111rtite Lea d=-Barred-Paint-Pois-aning Prevention -Act (42-1±S:C:- 801--et-seq:)-that prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CZ663, Attachment I, Page 4 of 4 ATTACHMENT J REGULATIONS Formal regulations concerning administrative procedures for U.S. Department of Commerce (DOC) grants appear in Title 15 of the Code of Federal Regulations. Other DOC regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A — General 15 C.F.R. 8 Nondiscrimination on the basis of handicap in programs or activities conducted by DOC 15 C.F.R.11 15 C.F.R.13 15 C.F.R. 14 15 C.F.R. 24 15 C.F.R. 26 15 C.F.R.28 Uniform relocation assistance and real property acquisition for federal and federally assisted programs Intergovernmental review of DOC programs and activities Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B - Grants and Other Federal Assistance Uniform administrative requirements for grants and cooperative agreements to state and local governments Government -wide debarment and suspension (nonprocurement) and government - wide requirements for drug -free worirpiae gr rtts); Clean Air Act and Clean Water Act ineligibility of facilities in performance of federal contracts, grants and loans New restrictions on lobbying Other Federal Re ua1 tons 48 C.F.R. 31 A-21 A-87 A-122 A-133 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars Cost Principles for Educational Institutions Cost Principles for State, Local, and Indian Tribal Governments Cost Principles for Non -Profit Organizations Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CZ603, Attachment J, Page t of t J