Loading...
HomeMy WebLinkAboutDEP Agreement No. CZ602 2DEP 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 on July 1, 2005, pursuant to cooperative annual award #NAOSNOS4191074 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-the-Grantee-do-hereby-.agree-as.followa: I. 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. )'BRIOD 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/CONSIPERATION 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 $S0,000 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 (10%) of the funds eligible for reimbursement under this Agreement may be withheld pending receipt and approval of all 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 Grantcc 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 Pan 31, 15 CFR 14.23, 15 CFR 24.24 and OMB Circulars A-87, A-122 and A-21, 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 Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 Private non-profit organization other than an (I) 1 institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. OMB Circular A-I22 Education Institutions OMB Circular A-21 For profit organization other than a hospital and an organization named in OMB Circular A-122 as not -subjeot-to-that-oiroular-_....__...____._...---- .._._ _ - _ 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-paymont 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, tho 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.dbfstete.flus/aadirkeference,_gulde and allowable costs for Federal Programs can be found under 48 CFR Part 31 at jlttn1/yew,sccess.gpn,govin.arejcfr/efr- lable-search.htrryl and OMB Circulars A-87, A-122, A-21, at httz/twvat.whilehouse.govionlbicirculars/index.hlml#numerical, 5. INpEMNJFICATION/l IMJ.I$ QF 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 arc 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 tetras of this Agreement if Qrantee 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 20" 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 21'd Avenue, 3'd Floor Miami, Florida 33130 DEP Agreement No. C2603, Page 3 of 10 DEP 55.236 (04/05) The Department's contact for delivery of notices: Domecia Allen, Grants Specialist V Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399-3000 7. REJMMEDIES 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, aro 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 ttinding 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 )CEEPING(AC)DIT 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 feral disposition. DEP Agreement No. CZ603, Page 4 of 10 DEP 55-236 (04/05) 9. SPECIAL AUDIT REQUIREMENTS A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D (Specla) 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 D. 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. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-1 33, Subpart 13, Section _.210 for determining whether the relationship represents that of s 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 websitc: 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 eontained-in45-CFR-24-and 15 CFR--14447as-applicable:—The-Grantee-agrees-te-be-responsible-foH#re 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 aubcontracting opportunities. 11 LOBBYING 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. Domecia 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 SunCom No.: 205-2161 Fax No.: (850)245-2191 SunCom Fax No.: 205-2191 E-mail Address: Dornecia.Allen@dep.state.fl.us DEP Agreement No. CZ603, Page 5 of 10 DEP 55-236 (04/05) B. 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. Enrique Nunez City of Miami 444 SW 2nd Avenue, 3`d Floor Miami, Florida 33130 Telephone No.: (305) 416-1419 Fax No,: (305) 416-2156 E-mail Address: ENuncz@ci.miarni.fl.us C. The Grantee's Fiscal Agent for this Agreement is identified below. Joe Mattis City of Miami Parks & Recreation Department 444 S.W. 21'd Ave. Miami, F133130 Telephone No.: (305) 416-1319 Fax No.: (305) 416-2154 E-mail Address: JMatas@ci.miami.fl.us 13.--INSURANCE A. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of the Grantee's employees 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 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 Department, for the protection of the Grantee's employees not otherwise protected.. B, The Grantee warrants and represents that it is self -fended 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 INTEREST The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 15, )3OUIPMENT The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 16. CHANGE ORDERS The Department may at any time, by written 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 manner of performance, requirements, etc,). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. DEP Agreement No. CT,603, Page 6 of 10 DEP 55-236 (04/05) 17, DUALITY ASSURANCE__NorApp/lcahle.l 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. PISCR.JMINATION 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 450/487-09M 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, 1ZE13ARM$NT/S(JSPENSION 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 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. 13. 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, jtESEARCH 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. CZb03, Page 7 0(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 Cornmerce's final determination. 22. FUBi.ICATIONSLAUDIOVJSUA1.,$/SIGNS 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 23.8. below), videos, websites or other materials must include the NOAA logo (logos can be found at the FCMP web site at: jmn:/Iwww.dep.state.fl.tslcmp(gagtts/loeos/index htra or contact the FCMP to get a copy) and the following statement on the cover of first 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 tinder the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. NAOSNOS419I074. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of 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 funded 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 intemet 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 spacial terms of this Agreement, this requirement does not apply to audiovisuals produced as research instrwnents 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, websitea, 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. CZ603, Page 8 of 10 DEP 53-236 (04/05) http://www.dQp.stale.fl.us/cmp/grants/logos/indmi,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 PtRCEjVTJ 3P ANI2DOLLAR 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 finds, 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 finds 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. CONT$ACT PROVISIONS The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment 1, Contract Provisions, ariachcd hereto and made a part hereof, In addition, the Grantee acknowledges that the applicable regulations listed in Attachment J, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 25. LAND ACQUISITION Land acquisition is not authorized under the terms of this Agreement. 26. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached• to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CZ603, Page 9 of 10 DEP 55-236 (04/05) IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OP ENVIRONMENTAL PROTECTION By: By: Title: Sally B. Mann, Director Intergovernmental Programs Date: Dale: Approved as to form and legality: Dornccia Allen DEP Grant Manager Approved as to form and legality: Avg-La-02-c_ -'6t`t.,(2 - • -ORA-NTEE-Attunmoy DEP-Program A tomey FEID No.: 59-60QQ375 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as pall of' this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment -_A- Project WorkPlap (5 Pages) Attachment ProgresLRcport Form (2 Peace) Attachment ._S— Payment Request Form (3 Pages) Attachment . . Special Audit Requirement$ (5 Pass) Attachment E Djsckturc of Lobbvinrt Activities (2 Paaca) attach only lfipplleable Attachment _L. Property Reporting Form (l Pagel if applicable _Mich only If applicable Attachment __Q... Oualiry Assurance Requirements (14Paaes) attach onlvif applicable Attachment H Certification RegardingJebermentLSuspcnsinnl2 Paged attach only ifsppilcable Attachment _L Contract ('revisionq (L ages) Attachment ,E Reguiations1,1 Page) DEP Agreement No. CZ603, Page 10 of 10 DEP 55.236 (04/05)