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HomeMy WebLinkAboutExhibit 6DEP AGREEMENT NO, CZ613 STATE OF FLORIDA COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT PURStpAIVT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD TH1S AGREEMENT is cnteeed into berween'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 addrets is 3300 Pan American Drive, Miar u, Florida 33133 (hereinafter referred to as "Grantee" or "Recipient"), a /organirorion type], to provide federal funding for WATSON ISLAND BAYWALK PROTECT. WHEREAS, the Deparmsent is the recipient off federal financial assistance from the National Oceanic and Atmospheric Administration (NOAA), awarded on /ufy})I, 2003, pursuant to cooperative annual award aN401NOS4191074 and, as the result of this Agrcemerlt the Grantee has been determined to be a subrecipient of federal financial assistance from the National Oceanic and Atmospheric Adminisrration; and, WHEREAS, the.Graniee is responsible for comalying with the appropriate federal guidelines in the performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the prarnises and the mutual benefits to be derived herefiorn, the Department and the Grantee do hereby agree as follows: h. TERMS OFAGR.EEMENT 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 end exhibits named herein. which arc attached hereto and incorporated by reference. For purposes of this Agreement, the teams ".Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Connector" 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 re9uirement includes compliance Niih•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, r, The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legishrure 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 pernvt or approval. 2. p1:R1OD OF AOILEEM ENT This Agreement shall begin upon execution by both panics and end no later than September 30, 2006, inclusive. No work may corrunence and no funds may be expended on Section 306A projects until the Florida Coastal Management Program (FCMP) and NOAA has approved the Section 306A checklist. Projects funded with Section 306A funds must comply with Section 306A of the Coastal Zone Management Act, which may be accessed at bno:/Iwwv,oenn.nos.noaa p.ovkxnyrzu act hImillagchor206419. 3, Ft1NDJNG/CONSIDE,RATION 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 350,000 toward the total project cost described in Attachment A. DEP Aercemeni No. CZ61J, Pate I of 10 DEP 5S-7)6(041051 tablet ©so / -73 B. Only project costs incurred on of 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 must be obligated and all work completed by the Grantee by the end of the grant award period -established in paragraph 2. Ten percent (I0%) of the funds eligible for reimbursement under this Agreement may bc withheld pending receipt and approval of all work produce and deliverables as identified in At lachment A. C The parties hereto understand and agree that this Agreement requires a toss sharing or match on the parr of the Grantee in the amount of S30,000 in cash, in•kind, or.third parry 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•21, as applicable, D. Mlowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following coil principles are incorporated by reference. Otte nizatIon Type State local or Indian tribal government. Private nonprofit organization other than an (I) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A•122 as not sub'ect to thrii circular. Education Institutions For profit organization other than a hospital and an organization named in OMB Circular A• I22 as not subject to that circular • Applicable Cost Principles OMB Circular A•137 OMB Circular A•122 4. REPORTS . A. `The•Granlee shall submit a quanerly Progress Report Form, anached hereto and made a pan hereof as Art echmrnl B. Quarterly repons shall bc submined electronically to the Department's Giant Manager. no later than rwcnry (20) days following the completion of the quanerly reporting period, The term t , "quarterly" shall reflect the ceiendar quarters ending March 31, June 30, September 30 and December 31. In addition to the final quanerly progress report, the Grantee shell submit a final project report. The (la al project report shall also contain the following sections: Executive Summary, Methodology, Outcome and Punher Recornmendations. The final project report must comply with the publication requirements as stared in Paragraph 22 of this Agreement. After approval by the Florida Coastal Management Program, five (5) hard copies shall be submincd 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 Fine( 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 bc in accordance with the requirements of 15 CFR Parts 14 and 24, as applicable. C. The Granter shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Altaehmenl 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 nansaction, amount paid, check number and vendor name: All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Starvtes. D. In addition to the invoicing requirements contained in paragraphs 4.A, B. and C, the DepanTnent will periodically request proof of a transaction (invoice, payroll register, etc.) io evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), DEP Agrcan(nl No. CZ613, Pap 2 of 10 D EP SS.236 (04/05) as appropriate. This information, where requested, must bc provided within 30 calendar days cifguehh:• seq ties!. The Grantee may also be iequjred to subrrut a cost allocation plan to the Department is Support of i Is multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for. amounts due under this Agreement shall be submitted in detail sufficient fora proper pre -audit and post - audit thereof. State guidelines for alloulabie'costs can be found in the Department of Financial Services' : . Reference Guide for Slate Expenditures at www,cibLstale.fLus/aa /fe fercnce_guidg and allowable costs for Federal Programs can be found under 48 CFR Part 31 at htto//NMw.atceit onn.onv/nary/rfre fable-icarch.html and OMB Circulars A�87, A• 122, A-21, at hrrp://www.whj.chousc.Aov/onib/circuJars/Indea.himl#nutnerical. 5. JNrEMNIFICATION41M1TS OE LIABIL1TIY • Each parry 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 parry of its sovereign • immunity or the provisions of Section 768.28, Itlorida Stenrtes. 6. pEFAULPTERMrNATION • _ A. The Department rnty 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 wrinen nonce of ins intent to terminate and shall provide the Grantee an - opportunity to consult wuh the Department regarding the reason(s) for termination. 4. The Department may ►emanate 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 wrinen notice of its intent' to terminate and shall provide the Grantee en • opportunity to consult with the Department regarding the reasons) for termination. C. The partite hcrero may agree to lerminaie this Agreement for convenience es evidenced bywrielen 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 wrinen notice, E. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to ell documents, papers, tenets, 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 Site Constitution and Section 1) 9.07(1), Florida Slarules. F: The Department of Environmental Projection will decline reimbursement to Grantee for services provided•under the terms of this Agreement if Glrantee 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 20th day following the completion of any quarterly reponing 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 cenified mail to the address set forth below. Any and all notices shall bc delivered to the panics et "he following addresses: The Grantee's contact for delivery of notices: Aldo Austamante City of Miami 444 SW 2"dAvenue. 3idFloor Miami. Florida 33130 DEP Averment No. CZ613, Pier J or 10 DEP $S-236 (0405) The Department's contact for delivery IA' notices: Domecia Allen, grants Specialist V Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station W47 Tallahassee, Florida 32399.3000 7. REMEDIES If the Grantee materially fails ro comply with the terms and conditions of this Agreement, including any Federal or Slate statutes, rules or regulations, applicable to this Agreement, the Department may takeaone or more of the following actions. as appropriate for' the ctrcunutances. A. Temporarily withhold cash payments pond ng correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or pan of the coat of the sctiviryor action nor in compliance. C Wholly or partly suspend or terminate this 4greement. D. Withhold further awards for the project or program. Take other remedies that may be legally avathable. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agrecmcnr 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; 1, The costs result from obligations which wtcre properly incurred by the recipient before the effective dare of suspension or termination, are nor in anticipation of il, and in the case of termination, are non•canceleble; and 1 2. The cost would be allowable lithe Agreementwere not suspended or expired normally al the end of the funding period in which the termination takes place. ", The remedies identified above do not preclude the Grantee from being subject ro debarment' and suspension under Executive Orders 12549 and 12689. 8. RECORD KEEPING/AUDIT .1. The Grantee shall maintain books, records and documents directly peninent 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 compktion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allowaecess 10 such records for audit purposes. B. The Grantee agrees that if any litigation, cIairrt, or audit is stared 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 Iwith Federal funds shall be ►etaincd for five years following final disposition. DEPA`rrement No. CZ613, Page 4 of 10 DEP 55.736 (04/05) i 9. StEC(&. AUDIT 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), enriched hereto and incorporated herein by reference. Es hibil 1 to A Itarhment D summarizes the funding sources supporting the M Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of -Exhibit I must be provided to the.Graniee for each amendment which authorizes a funding increase or decrease. lithe 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... 8. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements rrsay further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal andror state) identified in Attachment D, Exhibit 1 when making its determination. For federal ftnttncist assistance, the Grantee shall utilize the guidance provided under OMB Circular A• 133, Subpart B, Section_.210 for determining whether the relationship represents that ofa subrecipient or -vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonslate Organizations Reeipient/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.n.us/. The Grantee should confer with its chief financial officer, audii director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. .OBCO 'JIMCtS ,. The Grantee may subcontract work under this Agreement without the prior wrinen consent of the Department's Gans Manager. The Grantee agrees to comply with the procurement requirements contained in 15 CFR 14 end 15 CFR 14.44, as applicable, The Grantee agrees to be responsible for the fulfillment of all work elements included in any subconnact and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee thee the Department shall not bc liable to any subcontractor for any expenses or liabilities incuned under the subcontract and that the Grantee shall bc solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Departrnenrof 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 MI diversity of the citizens of the State of Florida. Upon request, the Department will furnish a list of minoti►y owned businesses for consideration in subcontracting opportunities. 1: DED,I NOPRQH1D1T1ON 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 stale agency. 12. CPNTACTS A. The Department's Grant Manager (who may also be referred so as she 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 N47 Tallahassee, Florida 32399.3000 Telephone No.: (850)245.2161 SunCom No.: 205-2161 Fax No.: (850)245.2191 SunCom Fax No.: 205.2191 E-mail Address: Domecia.Allen@dep.staie.fl.us DEP Agreement No. C261J, Page 5 of 10 DEP 55.236 (04/05) F3. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager or Point of Contact) for this Agreement is identified below. Aldo Bustamante City of Miami 444 SW 2"° Ave, 314. Floor Miami, Ft 33130 Telephone No.: (305) 416.1436 Fax No.: (305) 416.2156 E-mail Address: 'bustsmanle@ci.miami.fl.us C. The Grantee's Fiscal Agent for this Agreement is identified below. Joe Mates Cary of Miarru Parks & Recreation Department 444 S.W. 2" Ave. Miami, Florida Telephone No.: (305) 416.1319 Fax No.: (305) 416.2154 E-mail Address: .1Matas@ci.miami.fl.us 13. INS URA NCE A, To the extent required by law, the Grantee will be self -insured against, or will secure and nuintain during the life of this Agreement, Workers'" Compensation 111surance for all ache Grantee's employees . •connected with the work ofthis project and, in case any work is subcontracted, the Grantee shall require the sub•connactor similarly to provide Workers' Compensation Insurance for all of the Ianer'e 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 any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Deparrnent, for the protection of the Grantee's employees not otherwise protected. D. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 14. . CONFLICT OF fNTEP ST 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 11,000 or more is not authorized under the terms of this Agreement. 16. CHANGE ORDER The Department may at any time, bywrinen order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, timeline within current authorized agreement period, method or mariner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both panics as evidenced in writing. Any change order which causes an increase or decrease to the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. CZ613, Page 6 or 10 DEP 53.236 (04/0S) 17 OUA LITY ASSURANCE L,, Anv('raale. i( the Grantee's project involves environmenrally related measurements or data generation, the Grantee shrill develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufftctent io 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 Departmenl Agreements, anached hereoo and made a part hereof as Attachment G, Quality Assurance Requirements. 18. PISCRJMINAT1ON A. No person, on the grounds of race, creed, clor, national origin, age, sex, or disability, shall be excluded from participation in; be denied ihe proceed or benefits of; or be oiherwise subjected to discrirruisation ' in performance of this Agreement. B. An entity or affiliate who has been placed on the discrinunaiory vendor list may not submit a bid on a contract ro provide goods or services .to a public entity, may not submit a bid on a contract µith•.a public entity for the construction or repair of a public building or public work, may not submit bids on Pratesof ' real property to a public entity, may nor 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 II 150/4 87-0915. C. The Grantee agrees to comply with the provisions of 15 CFR Part 8 " stondiscrirnination.in Federally Assisted Programs." No person, on the grounds of race, creed, color, national origin, age, scx or disability, shall be excluded from panicipation in; be denied the proceeds or benefits of; orbe otherwise subjected to discrimination in the performance of this Agreement. 19. pEPARMENT/SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (15 CFR 26), the Grantee shall agree and certify that neither il, nor its principals, is presently debarred, suspended; proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred o'r suspended from participating in this covered tronsaction, unless authorized in writing by NOM to the Department. 20. C9PYJUCHT.fATENTAND 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 authorise others to use, for federal government purposes: A The copyright in any work developed under a grant or contract under a gram. B. Anyrighis 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. RESEARCH MISCONDUCT Scientific.or research misconduct refers ro the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in tenoning research results. It does not include honest errors or differences of opinion. The recipient organization has the primary responsibiliry to investigate allegations and provide reports to the Federal Government. Funds expended on art aciiviry that is determined to be invalid or urucliabte because of scientific misconduct may result in a disallowance of costs for which the institution may be liable for rrpaymenl to the awarding agency. The Office of Science end Technology Policy at ihe White DEP Agreement No. CZ613, Page 7 of 10 DEP 55436 (04/05) 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 215260). The U.S. Department of Commerce may accept the recipient's findrnga or proceed with i!s own investigation, The Grants Officer shall inform the recipient of the U.S. Department ofCommeree's final determination. 22. PUBj.1CATIONS/AUD10VISUALS/SIGN5 • 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 revicw.and.approval. This does not apply 10 the required quarterly reports referred to in paragraph 4 of this Agreement. A. Publications, printed reports (othct than the required performance, financial reports or publications as identified in paragraph 22.B. below), videos, wcbsires or other materials must include the NOAA logo (logos can be found at the FCMP web site at: hnp://www.demiatedkusierno/trants/lostos/indea„hrm or contact the FCMP to gel a copy) and the following statement on the cover of firs) page: "This (report/video/wcbsite/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 Armosphcric Administration Award No. NA OJA'OS4,(p1074, The views, statements, findings, conclusions and recommendations expressed herein arc those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any airs subagencies," • The next printed lint shall identify the month and year of the publication. B. Publication of the results ofreseatch projects in appropriate professional journals is encouraged as an imponen► method of recording and mooning scienti iic information. The recipient is required to submit a copy to the funding agency when releasing information related'to a funded project, which includes e statement that the project or effon 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 slier). based on or developed under an award, except scientific aniclea or papers appearing in scientific, technical or professional journals, contains she statement shown in paragraph 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 Agrecmenb this requirement does nor 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 scknowledgmens must nor represent or suggest in any way that the views expressed are those of the National Oceanic and Atmospheric Adntintsnation and must include the statement shown in • paragraph A. above. lithe nature of the audiovisual is such !has is is not intended for presentation to the general public, the following statement, or its equivalent, trust be included in the work; "The National Oceanic'and Atmospheric Administration has nol approved this (e.g., video, slides, websstes, 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 et .Ieasi.lhirry days for this epprolel. The Recipient must also provide the FCMP with shooting scripts and provide two (1) copies of the audiovisual (e.g., video, slides, ere.) 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 sue permanently. This requirement shall survive the completion date of the Agreement as established in paragraph 2. The DEP Agreement No, C2413, Page B of 10 DEP 55.136 (04/05) sign must beat least 2' x 3' in Sr2e and include the language shown below, and the NOAA, DEP and FCMP logos. Logos can be found at the FCMP web site at: hrip://www.den.jate.11 us/nno/,;rants/logos/index.hlm, Sign colors should complement the surrounding area. The following language is recommended: "Funding for this project was provided in pan, through a grant agreement from the Florida Department of Environmental Protet'ison, Florida Coastal Management 'Program, by grant provided by the Once 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 nest printed line shall identify the completion month and year of the project. 23. �TATEMENj OF NOAA AND FCMP fINDfNG PERCENTAGE A1VD DOLE AR 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 stare: • 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: " :o of the total cost of this project is financed with funds through.i grant from the Florida Coastal Management Program,, Florida Department of Environmental Protection, and from the National Oceanic and Atmospheric Administration in the amount of S 24. CONTRACT PR ()VISIONS The Grantee agrees to comply with, and include as appropriate in contracts and subgrars, the provisions contained in Attaehrnent I, Contract Provisions, anached hereto. and made a part hereof, In addition, the Grantee acknowledges that the applicable regulations listed in Attachment J, Reg ulalions, anached hereto and made a pan hereof, shall apply to this Agreement. 2rS. , LAND ACQUISITION Land acquisition is not authorized under the terns of this Agreement. 26. NTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers ofprovisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and anached to the original of this Agreement, unless. otherwise provided herein. REMAINDER OF PAGE TNTENTIONALLY LEFT BLANK DEP Arrrrmrnt No, CZ613. Pope 9 of 10 DEP 5S•236 (04/05) IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and 'year Iasi miner) below. CITY OF h1IA MJ By: Tide: Dale: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • By: Sally 0. Mann, Direcior Intergovernmental Programs Date: Doinccia Allen DEP Grant Manager Approved as to form and legality: Approved as to form and legality: GRANTEE Anorney FEID No.: 4-000375 DEP Program Attorney '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 bchalfof the governmental boa rd/commission must accompany the Agreement. List of anachments/exhibits included as pan of this Agreement: Specify Lertct/ Type Number Description (include number of pages) Anaclynent ProjeciWork Plan (3 Wes} Attachment Progre{£Rcporl Forrn (2 FUSS), Anathmcnf .� PavnrcntJtcppcsl Plan (3 Pagesi, Aruchmem ..� Special Audit Reouirements 1S Pages) Anachmeni Disclosure of jrgbbvinit Activities' (2 ?tarsi attach only if atrglisablt• AnhrncnJ .� Prooem Rcgoajng Fofm (I Nee) if ar, Diable attach only if Opp/treble Anacamcnl Sz Quality Assulajse 1jjqu_T msr1F LI4 Pits) attItr only if appll1Able Attachment .Ji Certifis;tion Regaidina DebartnenVSusensionjj Pages) attach only irtor llcpbifw A_nachrneru __I_ Contract Provision (4 Pages) Attachment 1 Regulations (1 ea e) DEP Agreement No. C2613, Page 10 o(IO DEP 55.1J6 (04/05)