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Exhibit 1
DEP AGREEMENT NO. CM311 STATE OF FLORIDA COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD THIS COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT (hereinafter "Agreement") is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter "the Department" or "DEP") and the CITY OF MIAMl, whose address is 444 Southwest 2nd Avenue, Miami, Florida 33130 (hereinafter the "Grantee" or "Recipient"), a local government to provide federal funding for RESTORING COASTAL MIAMI. WHEREAS, the Department is the recipient of federal financial assistance from the National Oceanic and Atmospheric Administration (NOAA), awarded on July 1, 2012, pursuant to cooperative annual award #NA12NOS4190093 and, as the result of this Agreement, the Grantee has been determined to be a subrecipient of federal financial assistance from NOAA; 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 follows: 1. TERMS OF AGREEMENT A. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Project Work PIan, and all attachments and exhibits named herein, which are attached hereto and made a part hereof. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee" and "Recipient" 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, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. C. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Additionally, the State of Florida's performance and obligation to pay under this Agreement is contingent upon 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, 2013, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 26, 2012. No work may commence and no funds may be expended on this Section 306A funded project until the Florida Coastal Management Program (FCMP) and NOAA have approved the Section 306A checklist. Projects funded with Section 306A funds must comply with Section 306A of the Coastal Zone Management Act, available at http://coastalmanagementtnoaa.gov/about/czma_html#section306a. 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 $29,490 for all eligible project costs, upon the completion, submittal and approval of the deliverables identified in Attachment A, Project Workplan. The parties hereto understand and agree that this Agreement requires DEP Agreement No. CM311, Page 1 of 11 DEP 55-236 (06/12) 31* /Q-3/3,S-Z a cost sharing or match on the part of the Grantee in the amount of $29,490 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 48CFR Part 31, 15 CFR Part 14.23, 15 CFR 24.24 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220). B. Prior written approval from the Department's Grant Manager shall be required for changes within approved deliverable budget categories of up to 10% of the total FCMP task budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% of the total FCMP deliverable budget will require a formal change order to the Agreement. Changes that transfer funds from one deliverable to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. C. The Grantee shall submit a properly completed Attachment C, Payment Request Form, upon the completion, submittal and acceptance by the Department, of each deliverable identified in Attachment A. In addition to the Payment Request Form, the. Grantee must provide a completed Exhibit I, Schedule of Expenditures; Exhibit 11, Schedule of Match; copies of cancelled checks or other comparable accounting reports and copies of invoices. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes (hereinafter "F.S."). Failure to provide Attachment B, Quarterly Progress Report shall result in a delay in processing the payment until the appropriate information is provided to the Department. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in -kind services) provided during the period covered by each request. A final payment request must be submitted to the Department no later than October 10, 2013, to assure the availability of funds for payment. The final payment will not be processed until the match requirement has been met. Failure to comply with these reporting requirements will result in non-payment or termination of this Agreement. To be eligible for reimbursement, costs must be in accordance with the requirements of 15 CFR Parts 14 and 24, as applicable. D. In addition to the invoicing requirements contained in paragraph 3.C., the Department will periodically request, as it deems appropriate in its sole discretion, proof of a transaction (invoice, payroll register or similar item) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at http://www.access.gpo.gov/nara/cfr/cfr-table- search.html and OMB Circular A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-102 and A-110 (2 CFR 215) at httpl/www.whitehousuov/omb/circulars/index.htmIgnumerical. E. Only project deliverable costs incurred during the Agreement period identified in paragraph 2 of this Agreement, as shown by project invoices, are eligiblefor 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 Agreement period identified 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 projects and deliverables as identified in Attachment A, Project Work Plan. F. 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. DEP Agreement No. CM311, Page 2 of 11 DEP 55-236 (06/12) Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225) Private non-profit organization other than (1) an institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. OMB Circular A-122 (2 CFR 230) Education Institutions OMB Circular A-21 (2 CFR 220) For -profit organization other than a hospital and an organization named in OMB A-122 as not subject to that circular. 48 CFR Part 31, Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency. G. 1. The accounting systems for all Grantees must ensure thatthese funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's or subrecipient's accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 2. If the Department finds that these funds have been conuningled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. 3. In the event that the Grantee recovers costs incurred under this Agreement and reimbursed by the Department from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. H. 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. If expressly authorized, such Grantee costs incurred during suspension or after termination are only allowable if necessary and not reasonably avoidable, and are allowable only if both of the following apply: 1. The costs result from obligations which were property incurred by the Grantee 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. Th 4. REPORTS The Grantee shall submit a Progress Report Form, attached hereto and incorporated herein as Attachment B on a quarterly basis. Quarterly reports shall be submitted to the Department's Grant Manager no later than five (5) 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 Form, attached hereto and made a part hereof as Attachment D. A draft shall be submitted electronically to the Department's Grant Manager for approval. DEP Agreement No. CM311, Page 3 of 11 DEP 55-236 (06/12) After approval by the FCMP, a hard copy and an electronic copy of the Final Report shall be submitted to the Department's Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. 5. INDEMNIFICATION/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, F.S. 6. DEFAULT/TERMINATION A. This Agreement shall be executed within ninety (90) days from NOAA approval unless mutually waived by the Department and the Grantee. Failure of timely execution of this Agreement by the Grantee may result in these funds being reallocated to other FCMP needs. B. 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 inquire with the Department regarding the reason(s) for termination. C. The Department may terminate this Agreement if the work described herein has not commenced within sixty (60) calendar days of the date of execution of this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to inquire with the Department regarding the reason(s) for termination. D. The Department may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. E. Records made or received in conjunction with this Agreement are public records. Such records may also be subject to the Freedom of Information Act. 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 Chapter 119, F.S. F. The Department will decline reimbursement to the Grantee for services provided under the terms of this Agreement if the Grantee does not submit payment requests and quarterly reports in accordance with the provisions of paragraphs 3 and 4 of this Agreement. Quarterly Progress Reports received by the Department after the 5th calendar 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. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Project Work Plan, and all attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Coastal Partnership Initiative (CPI) program for two (2) consecutive funding cycles. The Department shall notify the Grantee of ineligibility within thirty (30) days of the Agreement end date. 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. Request refund of previously disbursed payments. DEP Agreement No. CM311, Page 4 of 11 DEP 55-236 (06/12) D. Wholly or partly suspend or terminate this Agreement. E. Withhold further awards for the project of program. F. Take other remedies that may be legally available. G. Propose Grantee for Debarment and Suspension in accordance with 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 (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolve and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition. D. The federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via s single, searchable website, which is www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Department to comply with this requirement. 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 E, Special Audit Requirements, attached hereto and made a part thereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment that authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy 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 Requirement 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 E, 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 #DFS-A2- NS), accessible at https://apps _fddfs.com/fsaa/documents/nonstate.doc. 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. C. In addition, the Grantee agrees to complete and submit the Attachment F, Certification of Applicability to Single Audit Act Reporting, attached hereto and made a part hereof, within four (4) months following DEP Agreement No. CM311, Page 5 of 11 DEP 55-236 (06/12) the end of the Grantee's fiscal year. Attachment F should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Blvd., MS 93, Tallahassee, FL 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 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 CFR 24.36 and 15 CFR 14.44, as applicable. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department's Grant Manager within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under.the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 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. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 11. LOBBYING PROHIBITION A. In accordance with Section 216.347, F.S., 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. B. Pursuant to the terms and conditions of the Federal award supporting this Agreement, no funds used for the payment of membership dues to any entity are to be used by that entity to engage in lobbying activities, as provided in OMB circulars No. A-87 (2 CFR 225), A-21 (2 CI'R 220), A.-122 (2 CFR 230), A-102 and A-110 (2 CFR 215) and other relevant law and regulation. 12. CONTACTS A. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, overnight courier service, or delivered in person to the Grant Managers at the addresses below. B. 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, Operations & Management Consultant I Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399-3000 Telephone No.: (850) 245-2161 Fax No.: (850) 245-2189 E-mail Address: Dornecia.Allen@dep.state.fl.us DEP Agreement No. CM311, Page 6 of 11 DEP 55-236 (06/12) C. The Grantee's Grant Manager (who may also be referred to as the Grantee's Project Manager or Point of Contact) for this Agreement is identified below: Juan Fernandez City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Telephone No.: (305) 856-6801 Fax No.: (305) 960-3019 E-mail Address: igfernandeza,ci.miami.fl.us C. The Grantee's Fiscal Agent for this Agreement is identified below: Janice Lamed City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Telephone No.: (305) 416-1011 Fax No.: (305) 416-1019 E-mail Address: JLarned(amiamigov.com 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 subcontractor 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 -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 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. EQUIPMENT 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 Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidence in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 17. OUALITY ASSURANCE If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this DEP Agreement No. CM311, Page 7 of 11 DEP 55-236 (06/12) Agreement must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, Attachment I, Quality Assurance Requirements, attached hereto and made a part hereof. 18. DISCRIMINATION A. 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 (DMS) 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 DMS' Office of Supplier Diversity at (850) 487-0915. B. 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. DEBARMENT/SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1326), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by NOAA to the Department. 20. COPYRIGHT. PATENT AND TRADEMARK The U.S. Department of Commerce, NOAA and the Department reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: A. The copyright in any work developed under a grant or contract under a grant. B. Any rights or copyright to which a grantee or a contractor purchases ownership with grant support. C. All patent rights, copyrights and data rights must be in accordance with 15 CFR 14.36 and 15 CFR 24.34, as applicable. 21. GEOSPATIAL DATA A. If funds are provided under this Agreement for the collection or production of geospatial data (e.g., GIS data layers, acquisition of topographic or bathymetric data or other remotely sensed data), the Grantee shall provide relevant information (e.g., expected dates of data collection, type of collection, flight lines, etc.) to the Department's Grant Manager as early as practicable before data collection commences. B. This information will be shared with the NOAA office(s) having an interest in these types of data and the appropriate NOAA staff will work with the Grantee to ensure the data and the planned acquisition activities are registered in Geospatial One -Stop (geodata.gov) and comply with OMB Circular A-16, Coordination of Geographic Information and Related Spatial Data Activities at: http_//www.whitehouse.gov/omb/circulars a016rev. C. The Grantee shall document all new geospatial data it collects or produces using the metadata standards developed by the Federal Geospatial Data Committee (FGDC), and make that standardized documentation electronically accessible to NOAA, if requested. These standards can be found at http://www.fgdc. gov/metadata/csdgm. DEP Agreement No. CM311, Page 8 of 11 DEP 55-236 (06/12) 22. PUBLICATIONS, PHOTOGRAPHS, AUDIOVISUALS & SIGNS Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Department's Grant Manager 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 scientific, technical, or professional publications as identified in paragraph 22.B. below), videos, websites or other materials must include the NOAA logo (logos can be found at the FCMP website at http://www.dep.state.fl.us/cmp/grants/logos/index.htm or contact the Department's Grant Manager to get a copy) and the following statement on the cover of the first page: "This (reportivideo/website/publication) was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. NA12NOS4190093. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their subagencies." 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 Grantee is required to submit a copy to the Department when releasing information related to a funded project, which includes a statement that the project or effort undertaken was or is sponsored by the U.S. Department of Commerce. The Grantee is also responsible for assuring that every publication of material (including 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 22.A. above. C. Grantees must complete a signed Attachment J, Photographer Release Form and/or Model Release Form, to be submitted with project photos sent to the Department. D. Audiovisuals: Grantees must acknowledge NOAA support on any audiovisual (e.g., website, video, slides, etc.) which is produced with this Agreement. 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 NOAA and must include the statement shown in paragraph 22.A. above. The Grantee must receive approval in writing from the Department's Grant Manager before beginning production and distribution of any audiovisual (e.g., video, slides, etc.) funded under this Agreement. The Grantee must apply for approval at least thirty (30) calendar days in advance. The Grantee must also provide the Department's Grant Manager with shooting scripts and provide two (2) copies of the audiovisual (e.g., video, slides, etc.) upon completion. E. Sign Requirements for Construction Projects: The Grantee shall erect a sign at the site of any construction project, maintain it during construction and the sign must remain at the site permanently. This requirement shall survive the completion date of the Agreement as established in paragraph 2. The sign must be at least 2' x 3' in size and include the language shown below, and the NOAA, DEP and FCMP logos, which may be found at http://www.dep_state.flus/cmp/grants/logos/index.htm. Sign colors should complement the surrounding area. The following language is recommended: "The Florida Coastal Management Program funded this project with a grant from the NOAA Office of Ocean and Coastal Resource Management awarded under the Coastal Zone Management Act." The next printed line shall identify the completion month and year of the project. DEP Agreement No. CM311, Page 9 of 11 DEP 55-236 (06/12) F. Acknowledgment Requirement for Interpretive Signs & Banners: Interpretive signs and banners may include only the NOAA and FCMP logos. 23. CONTRACT PROVISIONS The Grantee agrees to comply with, and include in subcontracts and subgrants, the provisions contained in Attachment K, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment L, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 24. LAND ACQUISITION Land acquisition is not authorized under the terms of this Agreement. 25. SEVERABILITY CLAUSE If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 26. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alteration, variations, changes, modification or waivers of provision of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM311, Page 10 of 11 DEP 55-236 (06/12) IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF MIAMI , A Florida STATE OF FLORIDA DEPARTMENT OF municipal corporation ENVIRONMENTAL PRO 1".hCTION By: Johnny Martinez, P.E., City Manager Sally B. Mann, Director Intergovernmental Programs Date: ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Domecia Allen By: DEP Grant Manager Calvin Ellis, Risk Management Director Approved as to form and legality: APPROVED AS TO FORM AND CORRECTNESS: GRANTEE Attorney DEP Coastal Management Program Attorney Julie 0. Bru, City Attorney FEED No.: 59-6000375 DUNS No.: 072220791 CFD A No.: 11.419 CFDA Title: Coastal Zone Administration Awards *For Agreements with governmental boards/comrnissions: If a person other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Ageement. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/Number Description (include number of pages) Attachment A Protect Work Plan (7 Pages) Attachment B Progress Report Form (2 Pages) Attachment C Pa`ment Request Form (9 Pages) Attachment D Final Project Report Form (4 Pages) Attachment E Special Audit Requirements (5 Pages) Attachment F Certification of Applicability to Single Audit Act Reporting (3 Pares) Attachment G Disclosure of Lobbying_ Activities (2 Pages) Not Applicable Attachment H Property Reporting Form (1 Page) Not Applicable Attachment I Quality Assurance Requirements (14 Paces) Not Applicable Attachment J Photographer Release Form & Model Release Form (2 Pages) Attachment K Contract Provisions (4 Paces) Attachment L Regulations (1 Page) DEP Agreement No. CM311, Page 11 of 11 DEP 55-236 (06/12) ATTACHMENT A PROJECT WORK PLAN DEP Agreement # CM311 Project Title: Restoring Coastal Miami Grantee Organization Name: City of Miami Chief Elected Official or Agency Head: Johnny Martinez, P.E. Title: City Manager Address: 444 SW 2nd Ave. City: Miami Zip Code: 33130 Area Code and Telephone Number: (305) 416-1025 Area Code and Facsimile Machine Telephone Number: (305) 416-1019 E-Mail Address: jmartinez@miamigov.com Project Manager Organization Name: City of Miami Name: Juan Fernandez Address: 444 SW 2°d Ave. City: Miami Zip Code: 33130 Area Code and Telephone Number: (305) 856-6801 Area Code and Facsimile Machine Telephone Number: (305) 960-3019 E-Mail Address: jgfernandez@cimiami_flus Fiscal Agent Organization Name: City of Miami Name: Janice Lamed Address: 444 SW 2nd Ave. City: Miami Zip Code: 33130 Area Code and Telephone Number: (305) 416-1011 Area Code and Facsimile Machine Telephone Number: (305) 416-1019 E-Mail Address: JLamed(arniamigov.com DEP Agreement No. CM311, Attachment A, Page 1 of 7 Mailing Address for Warrant (if other than the Grantee address): FEID No.: 59-6000375 DUNS No.: 072220791 Project Location: Identify the location of the project and include the county/counties involved in the project area. If this project affects water, include the watershed and hydrologic unit code. Virginia Key island is located in Biscayne Bay, Township 54, Range 42, Sections 16, and 17, south of Fisher Island, north of Key Biscayne, bordered by the Atlantic Ocean to the east, and Biscayne Bay to the west. County in which project is located: Miami -Dade DEP Agreement No. CM311, Attachment A, Page 2 of 7 Scope of Work: Provide a summary of the project and the justification supporting the need for the Florida Department of Environmental Protection to fund the project. Provide a detailed description of the work to be performed for the project. Project descriptions should include specific tasks and deliverables. Virginia Key is a 1000-acre barrier island containing a variety of upland and wetland plant communities including seagrass beds, inter -tidal sand/mud flats, mangrove and herbaceous wetlands, beach dune communities and a coastal maritime hammock. The island is located west of Biscayne Bay, north of Key Biscayne and bordered by the Atlantic Ocean to the east. Although there has been some limited development, Virginia Key is non-residential and remains largely in its natural state. The Key is jointly owned by the City of Miami and Miami -Dade County. The proposed project will carefully extend the Virginia Key coastal hammock nature trail created in 2000 that is adjacent to and through both wetland and dune ecosystems. The objective is to make these ecosystems more accessible for educational and ecological purposes serving the local community while ensuring the continued protection and preservation of these critical and unique natural resources. The project site, however, is currently overrun by invasive plants including Brazilian pepper, Australian pine, latherleaf and half -flower. Using matching funds, a 30-foot band of exotic plants lateral to the created nature trail will be removed and replaced with native plant species from the City of Miami's Virginia Key Native Plants Nursery. The native plants include, but are not limited to, Inkberry holly, Florida privet, sabal palm, cocoplum, sea grape and red mangrove. The City of Miami requests FCMP funds to implement a portion of the Virginia Key restoration project for: Task: Enhanced public access at Virginia Key 1) Design and installation of signs, shelters and other park amenities (benches, waste containers). 2) Recruit volunteers. 3) Remove exotic, invasive vegetation located lateral to the proposed trail; revegetate the removal area with native plants. Ensure that all exotic vegetation removal and native revegetation activities associated with the FCMP- funded project take place during the grant period. Deliverables 1. Photos of before/after removal of exotic vegetation, and dates when exotic removal activities occurred. 2. List of volunteers, and dates and number of hours volunteers worked on project. 3. List of native vegetation to be planted on project site; dates of native revegetation work, and photos of planted native vegetation. 4. Draft sign submitted for FCMP approval; and copies of finalized signs and shelters. 5. Photos of installed benches and waste containers. DEP Agreement No. CM311, Attachment A, Page 3 of 7 Project Description, Related Tasks and Deliverables: Provide detailed tasks for the completion of the project, deliverables specific to the tasks (required reports such as progress reports and final reports are not deliverables as they are required by all agreements and are not project specific), timeline for the completion of the tasks and submittal of the deliverables, the criteria that will be used to evaluate the successful completion of the task and deliverable budget information for each deliverable. PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment. Deliverables must be quantifiable, measurable and verifiable. Each deliverable must be directly related to a task specified in the scope of work and must identify the minimum level of service to be performed. Task 1 ($29,490): Remove exotic, invasive vegetation located lateral to the proposed trail; revegetate the removal area with native plants. Deliverable 1.1 ($5,458.50): Photos of before/after removal of exotic vegetation, and dates when exotic removal activities occurred. Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be terminated for failure to perform. Completion Date: September 30, 2013(deliverables are due no later than 10 days after the completion date) Budget Information: $5,458.50-Match Salaries: $5,458.50-Parks Naturalist Senior —1 hour per week for 40 weeks at a rate of $32.51 = $1.300.40. Grounds Tender — 3 hours per week for 40 weeks at a rate of $17.19 = $2,062.80. Two Temporary Laborers — 3 hours per week for 40 weeks at a rate of $8.73 = $2,095.20. Fringe Benefits: FICA/M1CA —$5,458.50 x 7.65% = $417.58. Deliverable 1.2 ($15,000.92): List of native vegetation planted on project site; dates of native revegetation work, and photos of planted native vegetation. Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be terminated for failure to perform. Completion Date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: $15,601.58-Match Salaries: $2,365.58-Parks Naturalist Senior — 2 hours per week for 14 weeks at a rate of $32.51 = $910.28. Grounds Tender — 3 hours per week for 14 weeks at a rate of $17.19 = $721.98. Two Temporary Laborers — 3 hours per week for 14 weeks at a rate of $8.73 = $733.32. Fringe Benefits: FICA/MJCA —$2,365.58 x 7.65% = $180.97. Supplies: Native vegetation will be supplied as match valued at $12,454.37 from the City of Miami nursery. Deliverable 1.3 ($8,613): List of volunteers, and dates and number of hours volunteers worked on project. Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be terminated for failure to perform. Completion Date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: $8,613-Match Other Expenses: The Restoring Coastal Miami project reflects 33volunteers working at least 3 hours per month on the restoration component. 33 Volunteers @ 3 hours p/mo. x $7.25 (Miami volunteer service rate) x 12 months = $8,613 Task 2 ($29,490): Design and installation of signs, shelters and other park amenities (benches, waste containers). Deliverable 2.1 ($11,883): Photos of installed educational signage. Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be terminated for failure to perform. Completion Date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: $11,883- FCMP Other Expenses: $11,883The Restoring Coastal Miami project will provide public access to coastal and marine resources. Restoring Coastal Miami creates a nature trail that provides educational opportunities through signage and tours. DEP Agreement No. CM311, Attachment A, Page 4 of 7 1 plastic sign @ $1,300 = $1,300 10 plastic signs @ $575 = $5,750 3 custom signs @ $500 = $1,500 100 color pictures printed resistant to sunlight @ $33.33 = $3,333 Deliverable 2.2 (S17,607): Photos of installed shelters, benches and waste containers Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be terminated for failure to perform. Completion date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: S17,607- FCMP Other Expenses: The Restoring Coastal Miami project will provide public access to coastal and marine resources. Restoring Coastal Miami creates a nature trail that provides educational opportunities and cafe, enjoyable experiences with shelters and benches for comfort and leisure. The trash receptacles are provided out of respect and protection of Virginia Key resources. 6 tiki huts @ $2,370 + $446 = $14,666 4 plastic benches @ $425 = $1,700 4 33-gallon trash receptacles @ $310.25 = $1,241 DEP Agreement No. CM311, Attachment A, Page 5 of 7 Total Project Budget Schedule: Please type the total dollar amounts in all applicable categories and leave other categories blank. If your grant Agreement requires match, it must equal the FCMP funds requested, or one hundred percent (100%). Budget Category FCMP Funds MATCH Funds 1. Salaries 7,824.08 2. Fringe Benefits 598.55 3. Travel 4. Equipment Purchases 5. Supplies 12,454.37 6. Contractual Services 7. Other Expenses 29.400 8.613 8. Indirect Charges FCMP Total Match Total NOAA Project Total S29,490 S58,980 S29,490 Total Project Cost: S58,980 (The total cost of the project includes all costs for the project provided by all funding sources) DEP Agreement No. CM311, Attachment A, Page 6 of 7 Project 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: Other Expenses S29,400: The Restoring Coastal Miami project will provide public access to coastal and marine resources. Restoring Coastal Miami creates a nature trail that provides educational opportunities through signage and tours. The nature trail will allow for safe, enjoyable experiences with shelters and benches for comfort and leisure. The trash receptacles are provided out of respect and protection of Virginia Key resources. 1 plastic sign @ $1,300 = $1,300 10 plastic signs @ $575 = $5,750 3 custom signs @ $500 = $1,500 100 color pictures printed resistant to sunlight @ $33.33 = $3,333 6 tiki huts @ $2,370 + $446 = $14,666 4 plastic benches @ $425 = $1,700 4 33-gallon trash receptacles @ $310.25 = $1,241 Match Funds: Salaries $7,823.98: Staff is responsible for manually removing the exotic and invasive species as well as oversight of the restoration component. The signs, shelters, benches and trash receptacles will be placed along the nature trail. Exotic, Invasive Removal $5,458: Parks Naturalist Senior-1 hour per week x 40 weeks at a rate of $32.51 = $1,300.40 Grounds Tender- 3 hours per week x 40 weeks at a rate of $17..19 = $2,062.80. 2 Temporary Laborers-3 hours per week x 40 weeks at a rate of $8.73 x 2 = $2,095.20. Native Revegetation Work $2,366: Senior Parks Naturalist-2 hours per week x 14 weeks at a rate of $32.51= $910.28 Grounds Tender-3 hours per week x 14weeks at a rate of $17.19 = $721.98 2 Temporary Laborers-3 hours per week x 14 weeks at a rate of $8.73 x 2 = $733.32 Fringe Benefits $599: Exotic, Invasive Removal - FICA/1vIICA — $5,458 x 7.65% = $417.58 Native Revegetation Work - FICA/NIICA — $2,366 x 7.65% = $180.97 Supplies S12,454.37: Native Vegetation from the City of Miami Virginia Key nursery valued at $12,454.37. Specifically, Sabal palmetto, Wild coffee, Pigeon plum, Wild lime, Florida privet, Black bead, Coco plum, Paradise tree, Coonties, Sea grape, Lance wood, Gumbo limbo, Mastic, Strangler fig, Indigo berry, Red mangrove, Blolly tree, Satin leaf, Green button wood, Dahoon holly, Myrtle -of -the -river, Spanish stopper, West Indian cherry, Calabash tree ( Enalagma latifolia). In addition: a) Schaus Swallowtail Butterfly: Since 1997, Miami has been creating conditions to attract the Schaus Swallowtail Butterfly by planting species such as: Zanthoxylum fagara, Zanthoxylum coriaceum, and Amyris elemifera. These species will be reintroduced as part of the project. b) Biscayne Prickly Ash: One of the most important populations of Prickly Ash in Florida is in this portion of the coastal hammock of Virginia Key. These populations will have conditions to expand once the reforestation that is part of this project is completed. Other Expenses $8,613: The Restoring Coastal Miami project reflects 33volunteers working at least 3 hours per month on the restoration component. 33 volunteers x 3 hours p/mo x $7.25 p/hour x 12 months = $8,613. DEP Agreement No. CM311, Attachment A, Page 7 of 7 ATTACHMENT B PROGRESS REPORT FORM DEP Agreement No.: Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Grant Manager's Email Address: Reporting Period: Project Title: Provide a summary of project accomplishments for this reporting period by task. If tasks were not addressed during the reporting period, provide an explanation. Provide the status of each deliverable. (e.g., Deliverable 1.1: 75% complete, Deliverable 1.2: 25% complete, Deliverable 2.1, work scheduled to begin after the completion of Deliverable 1.1, Deliverable 2.2, etc.) Identify below, and attach copies of deliverables being submitted 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 any problems encountered. DEP Agreement No. CM311, Attachment B, Page 1 of 2 INSTRUCTIONS FOR COMPLETING ATTACHMENT B PROGRESS REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM_ _ _ GRANTEE NAME: Enter the name of the grantee's agency. 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. GRANT MANAGER'S EMAIL ADDRESS: Enter the grant manager's email address. 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. Provide a summary of project accomplishments this reporting period by task. If tasks were not addressed during the reporting period, provide an explanation(s). This section should show the progress for each task that was scheduled to begin or be completed in the current reporting period. If there was no progress for a task that was to start or be completed, please explain the reason. Provide the status of each deliverable. (e.g., Deliverable 1.1: 75% complete, Deliverable 1.2: 25% complete, Deliverable 2.1, work scheduled to begin after the completion of Deliverable 1.1, Deliverable 2.2, etc.). This section should show the status for each deliverable that was scheduled to begin or be completed in the current reporting period. The status should be reported by the percentage completed. If there was no progress for a deliverable, briefly state the reason. Identify below, and attach copies of deliverables being submitted for this reporting period (e.g., Deliverable 1.1: copies of permits, Deliverable 1.2: before 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 task and deliverable number(s) that they are associated with (for example: Deliverable 1.1 for task 1, deliverable 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 DorneciaAllen@dep.state.fi.us. DEP Agreement No. CM311, Attachment B, Page 2 of 2 Grantee: Mailing Address: ATTACHMENT C PAYMENT REQUEST FORM Grantee's Grant Manager: DEP Agreement No.: Payment Request No.: Date of Request: Performance Period: Total Amount Requested: $ Deliverable No: GRANT EXPENDITURES SUMMARY SECTION [Effective Date 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 $ $ Equipment Purchases $ Supplies $ $ Contractual Services $ $ Other Expenses $ Indirect $ TOTAL AMOUNT $ $ $ $ GRANT BUDGET AMOUNT $ $ Less Total Cumulative Payments of: $ REMAINING BUDGET IN GRANT $ 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 Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number **PLEASE DO NOT ALTER THIS FORM** DEP Agreement No. CM311, Attachment C, Page 1 of 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING ATTACHMENT C PAYMENT REQUEST FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM _ _ DATE OF REQUEST: This is the date you are submitting the report. TOTAL AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS CLAIM" column. GRANTEE'S GRANT MANAGER: This is 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. DELIVERABLE NO.: Enter the number of the DELIVERABLE(S) that you are requesting payment for. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out for all listed deliverables during the invoice period for which you are requesting reimbursement. 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' line. "TOTAL 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 THF' SHADED AREAS. "MATCHING FUNDS CLAIMED" 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" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category. Put the total of all 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. CM311, Attachment C, Page 2 of 9 REQUIRED BACK-UP DOCUMENTATION: Exhibit I - Schedule of Invoices for Reimbursement for each deliverable. Exhibit II - Schedule of Match for each deliverable. Copies of Invoices (Not applicable to state agencies) Copies of canceled checks (Not applicable to state agencies) Copies of Travel Reimbursements if applicable FLAIR Report (State agencies only) Copies of Volunteer Logs (if applicable) NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form (available from staff of the Florida Coastal Management Program or use your affiliation's reimbursement form, provided it has been approved by the Florida Department of Financial Services). ** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** If you have any questions please do not hesitate to contact Dornecia Allen at (850) 245-2180. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM311, Attachment C, Page 3 of 9 EXHIBIT - I SCHEDULE OF INVOICES FOR REIMBURSEMENT DEP AGREEMENT NO.: CM000 PROJECT TITLE: THROUGH PERFORMANCE PERIOD: DELIVERABLE NO.: DELIVERABLE AMOUNT REQUESTED: INVOICE NUMBER INVOICE DATE DESCRIPTION OF GOODS & SERVICES VENDOR NAME INVOICE AMOUNT DATE PAID CHECK NUMBER/ VOUCHER NUMBER CHECK AMOUNT/ TRANSACTION AMOUNT AMOUNT CLAIMED Salaries Total Salaries $ Fringe Benefits Total Fringe $ Benefits Travel Total Travel $ Equipment DEP Agreement No. CM311, Attachment C, Page 4 of 9 Total Equipment $ Supplies Total Supplies $ Contractual Services Total Contractual $ Services Other Expenses - Total Other $ Expenses Indirect Charges Total Indirect $ Charges DPP Agreement No. CM311, Attachment C, Page 5 of 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT - I SCHEDULE OF INVOICES FOR REIMBURSEMENT DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM _ PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the deliverable that you are requesting payment for. DELIVERABLE AMOUNT REQUESTED: This is the total amount of expenses from all approved budget categories for the deliverable. Salaries: Provide an itemized listing of expenditures for Salaries if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Fringe Benefits: Provide an itemized listing of expenditures for Fringe Benefits if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Travel: Provide an itemized listing of expenditures for Travel if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Equipment: Provide an itemized listing of expenditures for Equipment if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Supplies: Provide an itemized listing of expenditures for Supplies if applicable. Include the invoice number, invoice date, description of the goods or services purchased, yendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Contractual Services: Provide an itemized listing of expenditures for Contractual Services if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Other Expenses: Provide an itemized listing of expenditures for Other Expenses if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Indirect Charges: Provide the amount of the indirect to be charged to this Deliverable. Provide percentage or rate used for calculation. A SCHEDULE OF INVOICES FORM IS REQUIRED FOR EACH DELIVERABLE. ** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** DEP Agreement No. CM311, Attachment C, Page 6 of 9 EXHIBIT - II SCHEDULE OF MATCH DEP AGREEMENT NO.: CM000 PROJECT TITLE: THROUGH PERFORMANCE PERIOD: DELIVERABLE NO.: DELIVERABLE MATCH AMOUNT CLAIMED: INVOICE NUMBER INVOICE DATE DESCRIPTION OF GOODS & SERVICES VENDOR NAME INVOICE AMOUNT DALE PAID CHECK NUMBER/ VOUCHERO NUMBER CHECK AMOUNT/ TRANSACTION AMI AMOUNT CLAIMED Salaries Total Salaries $ Fringe Benefits Total Fringe $ Benefits Travel Equipment I I I I 1 DEP Agreement No. CM311, Attachment C, Page 7 of 9 Total Equipment $ Supplies Total Supplies $ Contractual Services Total Contractual $ Services Other Expenses Total Other $ Expenses DEP Agreement No. CM311, Attachment C, Page 8 of 9 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT -H SCHEDULE OF MATCH DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM _ _ PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the deliverable that you are requesting payment for. DELIVERABLE MATCH AMOUNT CLAIMED: This is the total amount of match expenses from all approved budget categories for the deliverable. Salaries: Provide an itemized listing of match for Salaries if applicable. Include the invoice number, invoice date, description of the.goods or services purchased; vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Fringe Benefits: Provide an itemized listing of match for Fringe Benefits if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Travel: Provide an itemized listing of match for Travel if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Equipment: Provide an itemized listing of match for Equipment if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Supplies: Provide an itemized listing of match for Supplies if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Contractual Services: Provide an itemized listing of match for Contractual Services if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Other Expenses: Provide an itemized listing of match for Other Expenses if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. A SCHEDULE OF MATCH FORM IS REQUIRED FOR EACH DELIVERABLE. * * PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** DEP Agreement No. CM311, Attachment C, Page 9 of 9 ATTACHMENT D DEP AGREEMENT NO. CM Project Title Grantee Name Final Project Report This report funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. The views, statements, findings, conclusions and recommendations expressed-her-ei•n-ar-e-those-of--.- .-- the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their subagencies. Month & year DEP Agreement No. CM311, Attachment D, Page 1 of 4 Final Project Report for CM Project Title Executive Summary DEP Agreement No. CM311, Attachment D, Page 2 of 4 Outcome Further Recommendations DEP Agreement No. CM311, Attachment D, Page 3 of 4 INSTRUCTIONS FOR COMPLETING ATTACHMENT D FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM_ _ _ GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. NOAA AWARD NUMBER: Enter the NOAA award number as shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement. Please limit final project report to no more than five pages. A draft should be submitted electronically to the Department's Grant Manager for approval. After approval by the Florida Coastal Management Program, one hard copy and an electronic copy shall be submitted to the Department's Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to Domecia Allen at (850) 245-2161 or Dornecia.Allen@,dep.state:fl.us. DEP Agreement No. CM311, Attachment D, Page 4 of 4 ATTACHMENT E 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 as 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 I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 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 I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 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 (C1'DA) via the intemet at http://12.46.245.173/cfdalcfda.html. DEP Agreement No. CM311, Attachment E, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. 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 State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 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 II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends Iess than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $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 https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://wwrw.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. 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 laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I 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 Agreement No. CM311, Attachment E, Page 2 of 5 The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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 loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), 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 at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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 Agreement No. CM311, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 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 Agreement No. CM311, Attachment E, 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 Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Original Agreement _ U.S. Department of Commerce 11.419 Coastal Zone Administration Awards $29,490 140061 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Funding Amount State Appropriation Category Federal Program Number Federal Agency CFDA CFDA Title State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Numbcr Funding Source State Fiscal Year Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $29,490 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA)[https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. CM311, Attachment E, Page 5 of 5 ATTACHMENT F CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee' s Name: Grantee Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ . CERTIFICATION STATEMENT: CERTIFICATION STATEMENT: I hereby certify that the above information is correct. Signature Date Print Name and Position Title DEP Agreement No. CM311, Attachment F, Page 1 of 3 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTHIYEAR). Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the signature. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM311, Attachment F, Page 2 of 3 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411. 2. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 3. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 4. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. 5. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2nd notice. 6. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie.skelton@dep.state.fl.us REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM311, Attachment F, Page 3 of 3 ATTACHMENT J Photographer Release Form Florida Department of Environmental Protection Photographer: (Please Print Name) Address: City: State: Zip Code: Phone Number: ( ) (area code + number) Email: License and Indemnification I certify that I am the photographer and owner of the photograph(s) being submitted and am 18 years of age or older. I hereby grant the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s) submitted herewith ("the Work") to promote the Florida Department of Environmental Protection. Uses mayinclude, but are not limited to promotion of the Florida Department of Environmental Protection, its publications, employees, volunteers, and properties in any way, including on the Internet, in print publications, as distributed to the media, and in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be retumed once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Photographer Signature: Date: Photo Filename(s): Location of photo shoot: Name of Person Accepting Photographs: DEP Agreement No. CM311, Attachment J, Page 1 of 2 Revision Date: 02/09 Model Release Form: Photo/Video/Audio This photo release form will be used for all State of Florida Department of Environmental Protection brochures, websites, displays, articles, magazines, programs, advertisements or events. Photo Release for Adults I, being 18 years or older, hereby consent that the videotapes, photographs and/or motion picture film in which I appear, and/or audio recordings made of my voice may be used by the Florida Department of Environmental Protection, its assigns or successors, in whatever way they desire, including television without compensation. Furthermore, I hereby consent that such photographs, films, negatives and recordings, and the plates and/or tapes from which they are made shall be their property, and they shall have the right to sell, duplicate, reproduce, and make other lawful uses of such photographs, films, recordings, places and tapes as they may desire, free and clear of any claim whatever on my part in perpetuity. IN WITNESS WHEREOF, I have hereunto set my hand, in the State of Florida, this day of , 2 Location: Signature Name (Print) Address City State Zip Photo Release for Minors I being Parent/Guardian of , hereby consent that the videotapes, photographs and/or motion picture film for which he/she posed, and/or audio recordings made of his/her voice may be used by the Florida Department of Environmental Protection, its assigns or successors, in whatever way they desire, including television without compensation. Furthermore, I hereby consent that such photographs, films, negatives, and recordings and the plates and/or tapes or other medium from which they are made shall be their property, and they shall have the right to sell, duplicate, reproduce and make other uses of such photographs, films, recordings, plates, and tapes as they may desire free and clear of any claim whatsoever on my part or my child's part, or by anyone who may claim by or through my child in perpetuity. IN WITNESS WHEREOF, I have hereunto set my hand, in the State of Florida, this day of , 2 Signature of parent or guardian Name of child (print) Name of parent or guardian (print) Address City State Zip DEP Agreement No. CM311, Attachment J, Page 2 of 2 Revision Date: 02/09 ATTACHMENT K 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 recipient shall report all suspected or reported violations to the Federal awarding 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 ''A 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 on the open market, or contracts for transportation or transmission of intelligence. 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, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 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 Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (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 certifies to the tier above that it will not and has not used DEP Agreement No. CM311, Attachment K, Page 1 of 4 Revision Date: 02/09 Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352. Each tier shall also disclose any lobbying 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. Governmentwide Debarment and Suspension (NonProcurement) — Recipients shall comply with the provisions of Subpart C of 2 CFR Part 1326, "Governmentwide Debarment and Suspension (Nonprocurement)," published in the Federal Register on December 21, 2006, 71 FR 76573, which generally prohibit entities that have been debarred, suspended, or voluntarily excluded from participating in Federal nonprocurement transactions either through primary or lower tier covered transactions. 9. 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)) - 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 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 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. Drug Free Workplace The recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 .(Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 15 CFR Part 29, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace. 12. Compliance with the requirements of Titles 11 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. 13. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No. CM311, Attachment K, Page 2 of 4 Revision Date: 02/09 14. Floodplain Management, EO 11988 and, Protection of Wetlands, EO 11990, May 24, 1977 Recipients must identify proposed actions in Federally defined floodplains and wetlands to enable the agency to make a determination whether there is an alternative to minimize any potential harm. 15. 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. 16. Compliance 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 under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of 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. 17. Clean Air Act, Clean Water Act, and EO 11738 Recipients must comply with the provisions of the Clean Air Act (42 U.S.C. §§7401 et seq.), Clean Water Act (33 U.S.C. §§1251 et seq.), and EO 11738, and shall not use a facility on EPA's List of Violating Facilities in performing any award that is nonexempt under 40 CFR § 15.5, and shall notify the Program Officer in writing if it intends to use a facility that is on the EPA List of Violating Facilities or knows that the facility has been recommended to be placed on the list. 18. 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. 19. 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.). 20. 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. 21. 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. 22. Criminal and Prohibited Activities — Recipients must comply with the Program Fraud Civil Remedies Act (31 U.S.C., §§ 3801-3812), which provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the Federal government for money (including money representing grants, loans or other benefits). 23. Foreign Travel — Recipients shall comply with the provisions of the Fly America Act (49 USC, § 40118). The implementing regulations of the Fly America Act are found at 41 CFR§§301-10.131 through 301-10.143. DEP Agreement No. CM311, Attachment K, Page 3 of 4 Revision Date: 02/09 24. American Made Equipment and Products — Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American -made equipment and products with funding provided under this Agreement. 25. Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects — Recipients must comply with EO 13202, unless project is exempted under section 5© of the order, bid specifications, project agreements, or other controlling documents for construction contracts awarded under this Agreement. 26. Minority Serving Institutions (MSIs) Initiative — Pursuant to Eos 13256, 13230 and 13270, the Recipient is strongly encouraged to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education website. 27. Research Misconduct — Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Funds expended on an activity that is determined to be invalid or unreliable because of scientific misconduct may result in disallowance of costs for which the institution may be liable for repayment to the awarding agency. 28. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations — The Recipient shall comply with the Export Administration Regulations (EAR) (15 CFR 730-774) and the International Traffic In Arms Regulations (ITAR) (22 C1 R 120-130) implemented by the Department of State, respectively. This includes, but is not limited to, dual -use items, defense articles and any related assistance, services, software or technical data as defined in the EAR and ITAR. The Recipient shall include this clause in all lower tier transactions under this Agreement that may involve access to export -controlled information technology. 29. Trafficking Victim Protection Act of 2000, the following Prohibition Statement must be included in any award of these funds to a private entity. "You as the recipient, your employees, subrecipients under this Agreement, and subrecipient's employees may not engage in severe forms of trafficking in persons during the period of time that this Agreement is in effect; procure a commercial sex act during the period of time that this Agreement is in effect; or use forced labor in the performance of this Agreement or subawards under this Agreement. 30. SeIf-Contained Underwater Breathing Apparatus (SCUBA) — For any funds used for SCUBA diving, it is the responsibility of the Grantee to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving activity being undertaken. Furthermore, it is the responsibility of the Grantee to ensure that any SCUBA diving activities using the funds under this Agreement meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of SCUBA diving being undertaken. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM311, Attachment K, Page 4 of 4 Revision Date: 02/09 ATTACHMENT L 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 that may apply to the work performed under this Agreement. Subchapter A — General 15 CFR 8 Nondiscrimination in federally assisted programs of the DOC 15 CFR 11 Uniform relocation assistance and real property acquisition for Federal and federally assisted programs 15 CFR 13 Intergovernmental review of DOC programs and activities Subchapter B - Grants and Other Federal Assistance 15 CFR 14 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations 15 CFR 24 Uniform administrative requirements for grants and agreements to state and local governments. 15 CFR 28 New restrictions on lobbying 15 CFR 29 Drug -Free Workplace Act Other Federal Regulations 2 CFR 1326 Nonprocurement Suspension and Debarment 48 CFR. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR 230) Cost Principles for Non -Profit Organizations , A-133 Audit of States, Local Governments and Non -Profit Organizations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM311, Attachment L, Page 1 of 1 Cap of ,f+Itami Project to Increase a Natural Trail at VirginiE Key Hammock North Border of Hammock and Wetland Areas, Selected Areas of Work of 113E Project a Tiki Hut Locations 3,-1) NO :7 14- ) H. ....--, ..eti ..- 4. 1, r: • • COASTAL PARTNERSHIP INITIATIVE www.dep.state.fLus/omplarants/index.hun GRANT APPLICATION Refer to Rule Chapter 62S-4, Florida Administrative Code, available at lattn://www.dep.statc.fl.us/cmpigrants/indeX.htm 'for information on funding requirements and evaluation criteria. Eligible_ applicants for the Coastal Partnership Initiative are local governments of the 35. coastal counties and all municipalities .within their boundaries required to include a coastal element in the local comprehensive plan Honda colleges, corrununity colleges, state universities, regional planning councils, national estuary programs and non-profit groups may also apply; as Jong as an eligible local government agrees to participate as a partner-. Submittal Requirements 1 1. One application per applicant may be submitted per grant cycle (i.e., one application per county, city, or other eligible applicant.) 2. Applicants may request•, a) no more than. $15,000 and no.less than $10,000 for planning, design and coordination activities; and - b) no more than $30,000 and no. less than $10,000 for construction projects, habitat restoration, invasive exotic plant removal, and land acquisition. These projects cannot involve planning/coordination tasks or components. 3. Non --profit groups are not eligible to receive funds for construction projects, invasive exotic plant removal, habitat restoration, or land acquisition. Applications submitted by non-profit grdups that propose these actiVities (as listed in 62S-4.004(2)(c))'will be disqualified. 4. Funding is available only for project work initiated and completed during a 12-inonth period beginning July 1 and ending June 30. 5. One original, signed application must be submitted along with four copies of the application.__ and one CD/DVD copy of the application. 6. All applications must be submitted on the CPI Application Form. 7. Applications must be submitted in person, by certified or registered mail or by courier service by 4:00 p.rn. on the date identified in the notice of availability of funds .to: Department of Environmental Protection Florida Coastal Management Prograin, MS 47 ATTN: CPI Applications 3900 Commonwealth. Blvd., Tallahassee, FL 32399-3000 Faxed. electronic,. or late applications will not be considered and will be disqualified. I t•,';'62S-4.004(5) 9/2110 A. TITLE PAGE Project Title: Restoring- Coastal Miami CP1 Initiative Priority Area(s): Access to Coastal Resources Applicant Name and Name of Partner Entity (if applicable): City of Miami. Florida Department of Parks & Recreation Official Contact Name: Lillian Blondet Title: Director. Office: of :Grants. Administration _ Phone/Fax: (305. 41 E 536/(365) 416-2151 Email Address: Iblondetrmiami ov:corn Postal Address: 444. S.W. 2nd Avenue Miami. Florida 33130 Applicant DUNS Number 072220791 Proposed Project.Manager Name: Juan Fernandez .Email: JGFerriandezr(D.ci_rniarni.fl.us Certification Statement "By signing this title page, the undersigned certifies that: a. This application is in all respects fair and submitted in good faith:without:collusion or fraud; b. If selected through this application process, the recipient Will work in good faith and in partnership with the Florida Coastal Management Program to in.anage its subgrant in a timely and -accurate manger; e. Any finds awarded as a result of this application process will not be used to supplant or replace any state or local funds; d. Any funds awarded as,a result of this application process will not be used, as matching funds to apply for or receive other federal funds; e. No ederal funds will be -used as match for funds awarded as a result of this application process; f: The: applicant local,government's adopted comprehensive plan has been found to be in. compliance` with Chapter .163,Part II F;S.; g. llf construction is proposed] The.applicant.has conducted .preliminary consultation with appropriate federal, state, regional and local regulatory agencies regarding any construction proposed in the applicationand has documented the results.of the consultation in the Project Description section of the Work Plan; 1i. [reconstruction projects, habitat restoration or invasive species removal are proposed] The property on which these activities willtake:place is owned or leased by the applicant or the applicant holds a sufficient easement; and is The undersign as full horny to bind the. appli Si.?trtature Name & Title Cr-erckr- -D, Date If applicant is a Florida college, community college, state university, regional planning council, national estuary program or non-profit group, include the •signature, naive, and title of contact for partnering entity; 'the name of the eligible county or city partner; and the date. Signature of Partner Name :& Title County or City Partner Entity Date Fc,rm.62S-4:OO4,-FAC, C fecrive 9/2/10 13. PROJECT LOCATION MAP Include a project location map no larger than 8/" x 11'. (10 pis.)* PLACELOCATION MAP ON THIS PAGE Norte west side of new; Nature'. Trait.' 7h:1 1'' Virginia Key Beach Park Trust' Nature Trail • Existing Connection betWeert old and new Nature Trait, t enpfti: 246' South east side Of new Nature Trail Length: 1,093' Qitp Di Oliatili Project to Increase a. Nature Trail at Virginia Key Hammock. Endangered Plants Population wmE.omxn; NOTE: The maximum number of points for scored application components is indicated in each section. Form G2S=4.0Q4, FAC, Effective 912I10 C. WORK PLAN (Expand text boxes as needed, keeping within the 10-page Work Plan limit) This section describes the project and cannot exceed 10 single sided pages or 5 double sided pages. If letters of support or other materials are submitted to address the Work Plan connpcinents below, these items will count toward the maxirnurn 10 pages of the application Work Plan; any additional pages or Appendices will be discarded and not considered in the evaluation of the application. The Title Page, Location Map, Budget and Budget Narrative do not count toward the .10-page limit of the Work Plan. 1. PROJECTDESCRIPTION.. a. Describe in detail the activity or work to be conducted; include project location information. (15 .ts.) Virginia Key is a 1000-acre barrier island containing a varietyof upland, and wetland plant I communities including sea -grass beds and inter -tidal sandlmnd flats, mangrove and herbaceous wetlands, beach dune coirununities, and a coastal maritime hammock. The island is located in Biscayne Bay, Township 54, Range 42, Sections 16, and 17, south of Fisher Island, north of Key Biscayne, bordered by .the Atlantic Ocean to the east, and by Biscayne Bay to the west. Although there has been some limited development, the island is non-residential and remains largely in its natural state. The island is owned jointly by the,City of Miami and Miami -Dade County and .contains more than three hundred (30.0) acres of mangroves, approximately sixteen (16) acres of Maritime hammock (one of the rarest and most endangered plantcommunities in the County due to coastal development) and eighteen (18) acres of beach and dune communities. The proposed project will judiciously and :carefully extend the Virginia Key coastal hammock nature trail created in 2000 adjacent to and through both wetland and dune ecosystems. The proposed project areas are currently overrun by invasive plant species, including Scinnus terebinthifolius (Brazilian Pepper), Casuarina equisetifolia (Australian Pine), Colubrina asiatica (Latheileaf), and Scaevola, sericea (Half -flower). A component of the project will involve the removal of a thirty foot (30') band of invasive, exotic plant species lateral to the trail. The City of Miami will perform the .removal of these invasive, exotic plant species, at the frequency of eight (8) lours per week.. Additionally, volunteer groups dedicated to. the improvement.of Virginia Key such as Citizens fora Better- South Florida, will donate their time and services on a. monthly basis to contribute to the progress of the project. The removed exotic plant species will be replaced with native plant species from the City of Miami Virginia Key Native Plants. Nursery which will include but are not limited to, Scaevola plumieri (Inkberry), Forestiera segregate. (Florida Privet), Sabal palmetto (Sabal Palm), Chrysobalanus icaco (Cocoplurn), Coccoloha uvifera (Sea Grape) and Rhizophora mangle (Red_Mangrove). Matching funds from the City of Miami will be utilized to remove invasive, exotic plant species and replacing them with native plant species. from Miami's nursery, creating a nature trail. Coastal Partnership Initiative funds will be utilized for durable educational signage as well as shelters, benches, trash containers, and recycle containers. The objective of the project is to make the wetland and dune ecosystems more accessible for educational and ecological purposes serving the local community while ensuring the continued protection aid .preservation of these critical, unique and essential natural resources. form o2S-4.004,1FAC, Effective. 9121/0 b. Describe specific project objectives, tasks, and deliverables and related timelines for each. Objectives and tasks should clearly relate to the project description. (20 pts.) Project Agenda Task Task Dunition Details Invasive Exotic Plant Removal of the South East Portion of the Proposed Trail (Length: 1,093 i et) 36 Weeks Selective invasive exotic removals will be performed through hand pulling and .the. use of chainsaws, at a length of 30 feet lateral to the trail, and including the trail right -Of -way alignment. The removal will be primarily of three (3) species: Brazilian 'Pepper, Australian Pine, and Lather leaf. Employees will .be. working six (6) hours .a week and two (2) Hours will be dedicated to debris removal. Each week, the six (6) hours of labor will be dedicated to a plot of 900 square feet. Invasive Exotic Plant Removal of the Northwest Portion of the Proposed Trail • (Length: 847 feet) 2 Weeks Selectiveinvasive. exotic removals will be performed through; hand pulling and. the use of chainsaws, at a length of 30 feet lateral to the trail and mcludin ; the trail right-of-way alignment. The removal will be primarily of three (3) species: Brazilian Pepper, Australian Pipe, and Lather leaf This task will require reduced work levels due to previous work activity. Reforestation of the Southeast Portion of the proposed 'frail and Irrigation Schedule 1 Week The areas from which the invasive exotic plant species have been removed Will be reforested with three plant species produced in the Virginia Key Native. Plants Nursery. The use of plants that have been produced from existing Virginia Key Beach Park plants (the "gene pool") will maintain and conserve the genetic integrity of Virginia Key Hammock plants. ' The plant species selected for the area are: Green Buttonwood, Inkber y, Florida Privet, and Red Mangrove. A total quantity of three hundred twenty- five (325) .native plants will be planted within this portion of trail right-of-way. Plants will be installed at an on -center spacing ranging from 1.5 feet to 2.0 feet, dependent on the size of the plant container, and the average•'Zature height and spreadof. the species. Plants will be irrigated twice weekly during the dry season and on an "as - needed" basis during the six months of the "rainy season". 4 Forrn.G2S Q.004, fAC, Effective 9/2/10 •• Reforestation of the Northwest Portion of the proposed Trail and lnigation-Schedule ' 9 Weeks This portion of the proposed trail includes - as a.part of the coastal hammock - an area of wetlands with mangrove vegetation, and open, unvegetated spaces. Within this segnient, areas will be created. that define the trail with coastal hammock plant species, including Green Buttonwood, Pigeon Plum, Strangler Fig, Spanish Stopper, White Stopper, Florida Privet, Paradise Tree, Guinbo Limbo, Cocopluin, Sea Grape, and other ecologically appropriate species. A total 1,20.2 native plants will be installed at an on -center spacing ranging from 1.5 feet to 2.0 feet, dependent on. the size of the plant container, and the average mature height and spread of the species. Plants will be in-igated :twice weekly during the dry season and on an "as - needed" basis during the six months of the "rainy season". Sign and Shelter Installation, and Project "Wrap -Up" 4 Weeks Based on funding, a number of shelters, signs and/or benches will be installed according with the schedule. of material delivery. Total: 52 Weeks 2, PROJECT NEED AND BENEFIT. a: Explain the demonstrated need, which the project addresses. 25 . ts.) Virginia Key provides habitat for at least seven endangered species, five endangered sub -species, and three threatened species. This scope of work includes the restoration arid enhancement of thirty- two (32) acres of the east coast of Virginia Key Which includes three. (3) ecosystems: dunes, mangrove vegetation (wetlands), and coastal hammocks. The' designated thirty-two (32) acre area was reported in 1992 (Johnson et al.) to be part of a highly endangered habitat type in Dade County; only 128 acres of coastal acreage remain. The inherent value of vegetative biodiversity of VKBP is high, as represented by the existence in si'u of the.most conserved population of Lanthoxylur coriaceurn (Prickly Ash) found within the State of Florida. Other endangered species identified as existing within the area include Okenia hypogaea (Beach Peanut) and Renirea maritima (Beach Star). The ecosystem is also invaluable to local fauna as dune areas adjacent to the proposed nature trail are prime nesting habitats for turtles. Among plant species, transitional areas of Red Mangrove, White Mangrove; and Black Mangrove remain relatively abundant. 5 Form 62S-4.004, FAC, Effective 9/2/1Q The land areas to the west of the project boundary are under the jurisdiction and management of the Virginia Key Beach Park Trust. The exquisite surroundings are immensely rich in cultural history and ecological diversity. Once accessible only by boat, Virginia Key beach was established in 1945 and has historical significance as the only public beach for the exclusive use of Blacks within Dade - County. In l 982, the park was closed and it remained shuttered until the grand re -opening in 2008. In 2002, Historic Virginia Key Beach Park was Iisted.on the National Register of Historic "Places, At its southern point, the proposed nature trail will connect to the Virginia. Key Beach Park Trust area of the Park," providing additional access to the shoreline. The Department of Parks and Recreation of the City of Miami in concert with the Virginia Key Beach Park Trust is committed to the preservation and ongoing maintenance of the barrier .island's natural ecosystems. The endangered and threatened plant and animal species found at the historically, culturally, and ecologically significant Virginia Key Beach Park, are critically important to the protection, preservation, and enhancement of ecological diversity that will ensure the continued well-being of this important maritime site. b. Explain how the proposed project meets the purpose of at least one CPI priority area: (10 pts.) Restoring Coastal Miami meets CPI priority area 3: Access to Coastal Resources: Communities are encouraged to accominodate public access to coastal and marine resources while protecting fragile and overused environments. Through the thoughtful, well -planned stewardship of the resource, the Department of Parks and Recreation seeks to provide physical access for visitors: to the fascinating ecological resources of Virg nia Key Beach Park. By establishing (through the creation of the proposed nature trail) a safe, sensitive access that reflects the essential" requirement of respect for andprotection of VKBP resources, both the existing quality of the site and the human access and educational opportunities" that are the focus of the proposed project will be achieved. The Department has continued its efforts to preserve the gene pool of VKBP through the production .of native species utilizing seed from existing native plant species extant within VKBP. This source of plant materials will be exclusively utilized in the proposed plantings for theproject. The means and methods employed in the execution of the proposed project will rely on manual labor, and no intrusion by heavy equipment will occur. Staging points will be established beyond the bounds of the project area, selected for least impact to which debris will be band carried and from which new plant .materials for installation will be hand -carried to points of installation. Pre -project educational sessions will be mandatory for all volunteers, and close daily monitoring of all activities will be maintained. c. Discuss the extent to which the project will improve the management and protection of coastal 6 Form 62s-4 004, FAC, l ffecttue 9/2/10 resources. (25 pts.) All ecosystems - formed by the interaction of a community of organisms with their environment and one another manifest -a delicate balance of order. This balance ensures that the system will function and that it will adequately provide for the plants, animals and humans that depend on it and on one another. Change in environmental conditions or interdependencies that have been established and that have effectively functioned over .time, resulting in the undesirable .manipulation of these organisms, will cause the system to malfunction or to fail completely. Ow proposal seeks to take one more step in a process that will, over time, ensure the continued protection, presevation, and enhancement of our maritime resources concurrent with elevating the level of understanding through educational access of all visitors. Species Enhancement and Expansion: Endangered and highly threatened plant species populations will be expanded by the introduction of additional numbers of extant plant species, and will be installed in conditions that are excellent for proliferation. Removing Invasive and Exoties: Once invasive and exotic species are removed the view of the area will be significantly enhanced and the installation of native plant species. will compliment the existing ecosystem, offering expanded habitat for faunal and avian species. Education: Visitors will understand better the value of the coastal areas through signage and infoiuiatioral tours, thereby contributing to theprotection of wetland and coastal areas. One anticipated outcome is that the community will see the importance of maintaining the health of this uniquely 'vulnerable ecosystem.. Completion of the proposed Restoring Coastal Miami project will provide coinmumty visitors with opportunities to observe a spectrum of native, endangered and highly threatened plant species through educational signage, recreational accommodation and personal observation - including; shoreline and water views; exposure to the three ecosystems (wetland,. coastal .hammock, dune areas) and the historical interface and transition across these adjacent ecosystems as well as observation of the unique native and migratory avifauna. d. Discuss how project is feasible and can be completed within one year. (10 Pts.) The Parks & Recreation staff involved with the Restoring Coastal Miami has over 16 years experience in the removal of exotic species and restoration of natural habitats. JuanFernand.ez arks Natuialist:Senior)and. Arborist certified since 1996, has been responsible for the City of Miaini exotic reinoval program since 1996. Bonifacio F. Alonso: Under the supervision of Juan Fernandez since 1997, responsible for the . ecological restoration at Virginia key hammock has taken courses related to the management of green areas at the /University of Florida, IFAS Extension, tom 62S-4.004, -FAC, Ef eciipe 9/2/10 Fri cot Benoit'Under the supervision of Juan Fernandez since 2007 performing exotic removal and ecological restoration at Virginia Key and Simpson Park. Mr. Benoit has taken several courses related to the manage _metal of nature areas at the University of Florida, IFAS Extension. ryt Frank Ramudo: Under the supervision of Juan Fernandez since 2007.performing exotic removal and ecological restoration at Virginia Key and .Simpson Park. Mr.:Ramudo has taken several courses. .related.with the management of nature areas at University of Florida; It=AS Extension including Best Management Practices, Florida Green Industries on 12/01/2009 (license GV7759-1). Previous successfully•completed projects include: Revive: The Virginia Key Restoration Project. This project the City of Miami Department of Parks and Recreation in collaboration with Citizens for a Better' South Florida, engaged volunteer giioups in restoring the endangered natural coastal habitat at Virginia Key. This grant enabled us to restore a significant piece of endangered coastal habitat, while exposing many community rnernbers, particularly youth, to natural resource management and. protection.. The project proved to be popular and as a result of outreach efforts, the number of volunteer- groups interested in working at Virginia Key steadily increased. The project also brought greater awareness to community leaders about maintaining larger portions of Virginia Key for immersion education purposes, an incredibly important element often left out of education planning in urbanized Miami- Dade County. Tellingly, by engaging afterschool youth enrolled in the Citizens Community Science .Workshop, we were able to secure. free. Public Relations with editorial content published by The Miami Herald. Volunteers removed countless exotic species from the site, planted native coastal species, helped propagate plants in the native plant nursery at Virginia Key, removed hundreds of pounds of garbage from the beach and .dune area at Virginia, and learned about the fragile ecology of the coastal hammock. Virginia Key has become one of the gems within the City of Mian-ii's park system. Other successfully completed grants: South Florida Community Urban Resource Partnership grant thru the Broward Soil & Water ConservationDistrict - $25,000 for the Virginia Key Interpretative Trail State of Florida & Community Forestry grant - $49,000 for the purchase of heavy equipment to maintain hammock restoration National .Oceanic and Atmospheric Administration through the Department ofEnvironmental Protection— $37,440 for Coinriunity Stewardship at Virginia Key ArneriCorps*NCC.0 Southeast Region — Virginia Key and other City Parks Clean up The timeline for the project .is very concise -and will be followed to insure that Restore Coastal Miarrii.is completed timely. 8 Form 62S-4.004, FAC, Effecii1;e 9/2/I0 BUDGET and BUDGET NARRATIVE (15 Pts.) Type dollar amounts only in applicable categories (round to nearest dollar; no cents) and leave other categories blank. A recipient will be required to provide 100% (1:1) snatching funds., cash or in -kind. No more than one-half (50%) of match can be.provided by a third .party. Budget Cuter'ory FLIP Funds MATCH Fronds 1. Salaries $21, i 77.00 2. Fringe Benefits 3. TraveI 4. Equipment S29.490 5. Supplies 6. Contractual Services 7. Other Expenses S 10.314.00_ 8. .Indirect Charges FCMP Total Mateh Total $31.491.00 Total FCMP & Match Funds $60.981.00 If budget exceeds the amount shown on the "Total" line above, indicate the total project cost: S BUDGET NARRATIVE: Desciibe line items for each applicable budget category shown above. Provide sufficient detail to show cost relationship to project activities for both FCMP and match items. Indirect costs are not allowed as match. Total FCMP Funds Requested S29.490 Salaries: Fringe Benefits: Travel: Equipment: $29,490 - 10 - Plastic -signs ILMC 1.005 S575.00 *10 =. S 5.750 (www.barcoproducts.cona) 9 Form:62S-4.004, FAC, Ef%ciiifte 9/2/10 i - Plastic sign KMC4005 $1.300 * 1 = $1.300 (ww .barconroducts.com) 3 - Kirby Total Custom Sims $500 * 3 = $ 1.500 (www.kirbybuilt.com) An additional $3.000 will be needed to print color pictures resistant to sun light. The purpose of the signs is to enrich the environmental information and public education in each portion of the nature trail with information about the dune protection, comznon fauna on that particular area and endangered plants species protected at the trail mangrove vegetation. The custom signs will announce the trail at three advantage points. 6 - Recycled plastic shelters (evergreen) distributed throughout the nature trail for recreation and protection to visitors as a result of the trail having a lack of protection from inclement weather and being located far from building installations. $2.500 * 6 = $15.000 (www.kirbybuilt.com ) 4 - Plastic Benches 6 ft. long (25" W x 32" h x 18 h seat 119 lbs) ABC 1470 $425 * 4 = $1700 (w ww.kirbybuilt.corn ) 4 - 33. Gallon Receptacles $310 * 4 = $1,240 Installed to collect glass, paper, cans and trash. www.kirbvbuilt.com ) Supplies: Contractual Services: Other Expenses: Indirect Charges:. Total. Match Funds: $31.491.00 110 volunteers @ $7.25 * 4 hours tier week = $3.190 1 staff a, $32.51 * 4 * 52 weeks = $6.762.08 l staff a $17.1.9 * .8 *52 weeks.= $7.151.40 v 2 staff a $8.73 * 8 8 52 weeks = $7.263:36 Native Plants = $7.124.00 ,,f NOTE: Project costs will be evaluated for reasonability, and the application is eligible for up to 10 points based on the evaluation of costs. 10 Form 62S-4.004, FAQ, Effective 9121/0 City' of Oictini Project to Increase a Natural Trail at Virginia Key Hammock VIRGINIA QFAC}I DR B�scayrpe.Ba .s. e Gato:Feb, 22, 2.012. p.•1r ' tifaa Cs1315Psefsc40.MUvuV.FrckIrrov.eeeiNtwonrne Ss I;,rna Cv� 0 Section 306A Project Checklist Florida Coastal Management Program (FCMP) subgrant applicants must complete a Section 306A Project Checklist for each Coastal Zone Management Act (CZMA) section 306A project and submit it to the FCMP as part of the subgrant application process. A complete and sued checklist; title document or any other required information are necessary for ultimate project approval by the FCMP and NOAA. Project Title: Restoring Coastal Miami Proj ct Applicant: City of Miami. Florida Total Project Cost S58.980 FCMP Funds: S29.490 Match Funds: $29.490 (1) TIDE STATEMENTS MADE AND 0rm INFORMATION PROVIDED IN THIS CHEC.: J JST ARE, TO THE BEST OFF KNOWLEDGE, TRUE AND ACCURATE; (2) THE PROJECT DESCRIBED IN THIS CHECKLIST IS CONSISTENT WITH CZMASECTION 306A AND SEC iiON 306AGUIDANCE; (3) THE APPLICANT HAS PROVIDED OR WILL PROVIDE TO THE MYR TILE DOCUIVENTS IDENTIFIED IN THIS CHECKLIST; AND (4) I UNDERSTAND TIM CONSEQUENCES, AS DESCRIBED IN SECTION306A. GUIDANCE, IF PROJECT DESCRIBED IN THIS CHECKLIST DOES NOT COMPLY WITH. MA/A SECTION 306A. AND THE SECTION 306A GUIDANCE. signature of Person Authorized by the Recipient Agency to Submit Project Propospl Name of Signatory (please print or type): Li i an Blondet Tide: Director Date Address: 444 SW 21l'r3 Avenue, . Miami, Florida 33130 Phone Number: 3 0 5- 4 1 6 -1 53 6 (The 306A Checklist begins numbering with Item 6 to -conform the FCAIP triust provide to NOAA.) o na ering on certification and checklist, which 6. Project Description: Corieflv describe the project and project location) Vit....ilia Key is a lobo -acre barrier island locate in Biscayne Bay and bordered by the Atlantic Ocean to the east The Key contains a variety of upland and wetland plant eCosystems, including n3angovcs, dunes and coastal Maritime hammock, and provides habitat for endangered and threatened species. The City ofMiarni is improving public access to the Key','s coastal and marine resources by extending the coastal hammock nature trail that is adjacent and through the wetlands and dunes; however, the project site is ovemm by invasive plants (e.g.,. Bra.zilian pepper, Australian pine). The City will use FCMP funds towards a component of this project, specifically, to design and install durable educational sigiage, shelters, beaches. and trashirecycling containers. Matching funds will be from removal of exotics (volunteer hours, staff salaries) and the purchaselplanting of native vegetation including sabal pahn, cocoplurn, sea grape and red mangrove. A project location map is included with this checklist. 7. Public Benefit: a. The project will be located on a property that is publicly owned or accessible via a publicly -held easement. X Yes No b. The project will be for public benefit. X Yes No c. The project will not improve private property and/or result in private or commercial gain. X Ycs No If the answer to any of the above is No, the project is not eligible for section 306A funding. d.. The state or sub -recipient will need to secure an easement or lease to conduct the project (i.e., because the state or sub -recipient does not own the property). Yes X No lithe answer to 7d. is Yes, attach a copy of the easement or lease to this checklist; if No, go on to 7e. What is the term of the easement or lease (provide date of expiration or specify if in perpetuity)? NIA The easeinent or lease contains a reversionary clause. Yes No NLA e. The project will be open to the general public. X Yes No N/A lithe answer to 7e. is No, the project is not eligible for section 306 funding unless access is to be limited for a legitimate reason, such as public safety, resource protection, or scientific research. Attach an explanation for why the project will not be open to the public and describe the public benefits that would be provided by the project in the absence of public access. f. The public will be charged a user fee to access the project. Yes X No N/A If the answer to 71 is Yes, attach_ an explanation for the user fee, including the amount, whether there will be differential fees (and a justification thereof), the need for the fees, and proposed use of the revenue. 8. involvement of Non-profit Organizations; The sub -recipient will contract with a non-profit .organization to complete part or all of the project. Yes X No If the answer to 8 is Yes, the name of the organization is: 9A. Supporting DocumcuLaden for Low -Cost Construction Projects a. A title opinion, title insurance commitment!certificate, or affidavit showing that the property on which the proposed project 'will be located is publicly -owned, leased, or under easement in perpetuity or for the expected life of the project (at least 20 years) is attached. X Yes No b. The applicant has submitted a site plan for the project. X Yes No c. The applicant has submitted a site location map for the project. X_ Yes No (Go on to I0.) 98. Supporting Documentation for Land Acquisition Projects: a. A title opinion, title insurance commitment/certificate showing that .the property to be acquired is owned by the contracted seller: and is free of encumbrances that could affect the future viability of the property in its intended use is attache. Yes No X__ N/A b. The applicant has obtained an independent appraisal of the fair Market value for the property to be purchases that vsTas development pursuant to the Section 306A Guidance:. Yes No 10. National Historic Preservation Act and State historic Preservation Officer's (SITYO) Clearance: a. The project will affect sites listed or eligible to be, listed on the National Register of Historic Places or a similar State registry. Yes X No b. The applicant has submitted the SHPO clearance. Yes No X If the answer to 10b. is No, the applicant certifies, by siming this checklist, that thcapplicant is seeking SHPO clearance and that Work will not begin andior land will not be purchased until SILO clearance is received by theapplicant and submitted to the FCMP 11. Nationai Flood Insurance Program: a. The project involves land acquisition to support construction or actual construction. Yes_X No (If the answer to I la. is No, go on to 12) b. The. project will be located in a Special Flood Hazard. Area shown. on a National. Flood Insurance Program (NFIP) Flood Insurance Rate Map. X Yes No (Tithe answer to 11b. is No., go on to 12) c. The community in which the project will be located is participating in the NFU'. _ X Yes No. If the answer to 11 c. Is No, the project is not eligible for section 306A funding.. 12. Coastal Barriers Resource Act: The project is located on a coastal barrier island designated as a unit of the Coastal Barriers Resources System. X Yes Ida If the answer to 12. is Yes, attach to this checklist a brief analysis as to how the .proposed project is consistent with the three CBRA purposes: to minirnin (1) the loss of fillTnPn life, (2.) wasteful federal expenditures, and (3) _damage to fisb, wildlife and other natural resources. The Restoring Coastal Miami project is consistent with the:CEIRA purposes.. The Project will not result in Ioss of htiriaanlife and will Maximize federal expenditirres. by providing the public with a natural interpretive trail to educate the cornr±rF1.-iity to the value of the barrier island centimunities. In addition, this proposed project will not impact fish, wildlife, or natural resources on the island. The proposed interpretive trail sySteM Will educate the corninurtitY, and assist with the preservation of the folldwring Coastal Maritime Hammock The high quality coastal maritime hammock cOrnintinities in thiS application prOVide8ital resources for Wildlife SpecieS. Migrating songbirds that travel doWnthe iV.I.antic coast flyway use the coastal maritime hartimpekfor food and shelter including many rare migrants like the pine siskin (Carduelis prnus), Tennessee :warbler,(Yerinivor;a peregdra); S*41.5011.'s thrd§h(Catharus: tdtiekitu:0, and indigo bunting (PassOiii* c,'0704). The piping PlOYer.Use$ the beaches in; this area as wintering grounds Mar Y plant and animal species that occur in maritime hammocks are listedas endangered. by the .State Of Florida, Nati'e banal -leek upland species consist.of the Spanis—li stopper (Ltrigentaj-Q&Ititi), Simpson stopper (Iviyrciunrnes frap'ans), Strangler copop1.4tri.(Chty04c.zlanus ic4c.b), pigpen plum (Coccbibba y qcti1.041),v ild COffee(P.sycAigri wild lime (Zaptlic4-Auptifpgar0),:flpricia pti74;74Foi-e„.siOi0:segi-eg441), seent year apple (ca.F.qc,i torehWoOd.(Anryris. .q1ciliffiit) and Biscayne prickly ash_(47.rthoij,ltirir coriaceum),Whidh is:a State endangered plant liSted.by Department Of AgrioUlture & CenstMer'Setvices, of Platt Industry, Rule . , • . _ Chapter 5B40. Ongoing restoration within this area consists of exotic tree terneval and the replanting ofnative plant species, most of i9;Thich-wit propagated frein on -site Sources and the installation ofa natural interpretive trail network. Beach/Dune/Mangrove:The proposed trail network traverses through a beach•and. •01111e community and a mangrove ton -in -amity_ The dune community is an essential sea -turtle nesting habitat and consists of several threatened and endangered plant species, and the mangrove cOnuntinity consists ofri., white, and black mmgrovcs, and green buttonwood, Seagrass- Dense seagass beds comprised of mainly ttirtle grass, Manatee grass and shoal grass are present off of the low relief, relatively low energy beaches and Mangrove shoreline typically begnning ten to fifteen feet watevarel -Of the mean high water line. These sdaara:s-S beds are dense and healthy and are relatively diverse in faunal corrirnimitY inelnding various species ofsponges invertebrates, and algae. 13. Endangered Species Act: a. There are !mown listed threatened or endangered plant or animal species or their critical habitat (as defined by the Endangered Species Act) that are under the jurisdiction of the National Marine Fisheries Service (NMFS) or U.S. Fish and Wildlife Service (USFWS) on the proposed project site. X Yes No If the answer to 13a. is Yes, attach a list of the species and/or their critical habitats. b. The proposed project may have adverse effects on species listed or proposed for listing as endangered or threatened or on their designated critical habitats_ Yes X No If the ansWer to 13b_ is Yes, attach a description of the species and/or habitats affected, the adverse effects (minor and significant effects), and any coordination that has occurred between the state and the USFWS or INTIVIFS. NOAA w1i not approve a project that USFWS or NMFS has determined will have sigtificant adverse effects on listed species or their critical habitat. 14. National Environmental Policy Act a. The proposed project may significantly affect the quality of the human environment. Yes X No b. The proposed project involves unresolved conflicts concerning alternative uses of available resources. Yes X No c. This action may have significant adverse effects on public health and safety. Yes X No d. This action may have highly controversial effects to the human enviromnent. Yes X No This action may hae1ugh1y uncertain and potentially simtificant environmental effects or involve -unique or Unknown risk.s. Yes X No L The project may have sigtificant adverse impacts onother natural resources not covered elsewhere in this checklist, e.g., beaches and dunes, wetlands, estuarine areas, wildlife habitat, wild or scenic rivers, reefs, or other coastal resources. Yes X No g. The project's effe,cts may be individually insipificant, but theiraddidon to effects from .existing and reasonably foreseeable actions maY result in cumulatively siatificant impacts. Yes X No If the answer to any one subpart of 14. is Yes, then additional NEPA review and documentation may be required Attach a description of the resource(s) affected, the nature and scope of the effects, and information explaining why theapplicant believes an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) should not be required. CPD May require additional environmental infonnation in cases where potential impacts are not clealy described or where probable impactS require an EA or EIS. 15: Etriironinental Justice: The project will have disproportionately high and adverse human health or environmental effects on minority or low income populations. y6s X No 16. Coastal Nonpoint Pollution Control Progranit. The project will employ best management practices as appropriate in conformance with the Coastal Nonpoint Pollution Control Prog..ram. Yes No X NIA /7. Americans with Disabilities Act: The proposed project will be accessible to people with disabilities. X Yes No NIA If the answer to 17. is No, attach an explanation for how the project conforms with ADA requirethents as described in the Section 306A Guidance. If the project does not meet the requirements, it will not be approved. 18. State and Local Latvvs: The project is consistent with applicable state and local laws. X Yes No. If the answer is No, the project. will not be approved. 19. Tribal Interests: a. The project is located on or will affect Tribal lands. Yes X No (If No, go on to 20) b. The project is consistent with applicable laws. XL.Yes No. If No, the project will not be approved. 20. Required permits: Please list local, state, tribal or federal permits required for this project and the status of the peani.ts. If the permits have not been obtained, then the applicant Certifies, by timing this checklist, that the applicant is seeking the required local, state and federal permits and that work will not bec2irt or land will not be purchased until the permits have been issued and received by the applicant and submitted to the FCMP. N/A OMB corittOli!-;-0648.701.19. &pir 08/31)2012_ OCRM rcqiiires this irifoitution:ih order to atiquateiy assess the eligibility of proposed CZMA-Seetioa 34621siprojCets.piniliteozietink iifinforrnation is estinieted ta average 5 hours per tcOohseJheiu4irig:the time for*ieWina inStrUetions, Searching existing data sciircesi.ptl*nga4d nia.thtaloing the data occdcd,,and completing and reViCWing thecolleetion OPf infortnation....:Send c�mments rcgardng this b(2i4.1*4114.14`.or ariy -ptflot. 4$0.i.-4 Of this collection ofinformtion. including suggcseonsforrcducir.gthis burden, toCoeSml Preerarns DiVision,.00RM, 1305 4,ist-WCO't 14*Y..,1111 Floor. Siivci Spring, M4Its:e1apd '2091, 0.: This te-sbk. j-:#,; is re,f:Itiftted undcr and is guthOtized upecr.16 14554. InfonnatiOnSUbMittO will betrcazedzia public retards. .NOrwlthStatiding any other provision ofthc Iaw. n persori is required to teSpand to,,pOr shall any peesOn be subjeCi EY 0/laity for failure to comply with, a Colleetion of information subject to the n:sluiremcnts of the . PaOcP,,york Reduction Act tinlaSs that collection displays a currently Valid OMB Control Nutt*. Virginia Key rare pants :or plants of special interest Virginia Key is one of the last South Florida. barrier islands remaining in a near -natural state. Virginia Key contains a high diversity of plants within habitats such as beachdune, coastal strand, maritime hammock and Mangrove tidal swamp. Below is a list of the 21. known plants "species of special interest on Virginia Key, which include rare and protected species. Scientific: name. Common name Status. Cardiospermum rnicrocarpum bal[oonvine ,locally rare ._ t occo iinnax;argenrafa Florida"silver,paim state threatened Crosso ietalum rl?acoma* matdenoerry state threatened Croton•g!anrlulosus.var. floridar;us Florida vente conrn go !Deady imperiled" Croton.punctatus: beach tea tocally rare** Cyperus pedun ,ulafus beachster state :endangered ,'locally rare* Ger ipa clusiifo! a sevenyear=apple Halophi!a Johnsen 1 Johnson's seagrass. federally threatened fponloea irrtpera1i ocean morning Trio Glory . .locallyyrare'" JacguernOnita.reclinat=a beach clustervine federally endangered state endangered state:endangered locally -fare" .state threatened 3kenie hYPgee beach eanut _ Pavonia pal/id/Cola ma grove. hallow . Rhabdadenia b! lora* mangrove.;rubbervine darlingplum Reynosia septenlris nelis, caevo!a plurnieri inkberry state threatened Zamra iritegrfo!la coontie .commercially exploited state.. endangered Zanthoky!urncoriaceurri Biscayrie prickly -ash Avicenniia germinans black Mangrove state protected Laguncularie racernosa white mangrove state :protected Rhlzophora triangle red riangr ove' state protected _Urilola parnculta sea oats state protected. discovered recently end not on any existing site plant lists **locally rare and imperiled status designated by the lnstitute for Regional Conservation: littp;Il recq io n alcon servatio n. orol OWNE:RS,HIp 1`��1 CortNr• klUr'gex VIRGINIA iK;E y itLA:IJrty, iCS'Y ATTORNEY'S CERTIFICATION OF TITLE OFFICE OF.THE CITY ATTORNEY (I S.W. 2' Avenue, 9th floor Miami, Florida 33130 May 25, 2012 RE: Virginia Key Project Name on Section 306A Checklist I am a member in good standing of the bar of Florida and have been requested to determine record ownership for the parcel(s) of property on which the above - referenced project will be constructed, Virginia Key. See attached Exhibit A for legal Description. After thoroughly examining the public records or other appropriate records in accordance with the laws of Florida, I have determined that record title to the parcel is held by the City of Miami in fee simple with a deed restriction to use for public purposes. the Attorney for the City of Miami, Florida. Viet:on?! Mehdez Assistant City Attorney Fia. Bar No. 194931 Address: 111 SW 2nd Avenue Suite 945 FL 33130 Tel: 305-416-1800 EXHIBIT A See Attached b rri _:up _1; .- / 71;11434; 234 COUNTY DEED • t. 1. ((, a tr , r,-DEED,made this'1;' day of of e"J1C.., �i.D. , b= t fez DADDADE COUNTY, a polit':i;cal subdivision of the State of Florida, :arty of the i1.r..t part, and CITY OF ?4IA! _,s municipal _ (jrTr1'". ration, arty c the tcond part, . ..e• 1 C te w� 7 ey' _ t].nai.L,`�.`�t;:lkl: TEAT v110 .,$IC1 party Of the yir.a-si'. p:cl'.i, f:tT'd' and it consideration of ths.sum.pf One Dollar C*1._40j and. other -good b 1 and: valuable cons ides a ion to it In hand paid by - hee party of s! part,.roecipt vheroof .s T?.erc'i y aollmowl d-4-ed s has grantcd, bargained .and sold to the said sarty of the s"eeon, i part;, its s ucU:=$.a"ors And assigns f Or ever :31 riat, titl-e, interest and _asand iCoUlred b.1 3ia;:1e Cau*ity- 3n arid tc the folleusrig land s i t t:`'.."to, lyingand )wiY'_g In.Dade County, Florida:. - - rn nu L p=.rcel CI land pn Virginia Key, in Biscayne Bay, .Da.de County, R1-' ' da, - ei:,g ,a p.rr boil Of Sections 16, 17, 20 and 21 o owi- ,chtp 54 Exath,-Range 4,t East, Dade i+v1:7'itC!, Florida .and being more particularly: deSL"rnbed .as follows; Commence at the point of intersection of the cenite."ilinIe of 1 :_ck r:bac er Causeway with the South 1j.'`io Of laic. Section 1T,. point of :inte s...0t!o',' being 2649.97 2eet.i-.8941)563115".W-of the ..o' tht.est Lori r: of'said .Se vio 17, ,as ineasur-ed along.the, SoUt1'. 1_oe. of said Section 17; thence run S t 5°22707`t E along the' center- line of said :i .j.c1 enba Kci CauseL'av for a distance of 251.67 feet to a point 0= inter ectior with the Southwesterly prolongation of the Covpo^at.e: Boundary of the City of Miami; thence run N 6.4034:42`r E aiong said .City 'of Mimi Corporate Boundary and :its Southwesterly r•i`o1 ioaa .ion.;.aIld along the S 7L'theasterll' might of vay Ire, of the Sewage Treatment rlart Access Roadfor a ;distance of 2735.71 feet .o e point on the Bast line .of. Said SeetiOn .17, said point 4150 • be:.:'g" a'pu nt on the !-ort:'rh Line of the South 1000.00 feet of said Section .16, the.}ce..Tun S 8,9°56" E along the North line off,, the South; la00.0v feet oi' said Section 16 for a•'distance of 67.23 feet . toe Point o.' tersact .o I with the arc of .a clrcu'lar curve concave to t%e West, the center of which bears S .82042' 15T W .fr0> � 1 point o. lnteracotti.o", said point of ?rtersecre t'o.als0 21g 4'the int cf .Beginnir_g of the-4 erein des :_r ibtil,parce [, thene run Sor .eastei•1.y to SosthWetver7.y along the arc of said .circular curve concave to the West, 'having. a radius of .1650.0.0 feat, tilrOLig'L a central angle tof E:WWI., for can arc distance of-13334•3.88 feet to - E point of :eyar a cur\"dtt 1t'c. with t;1o.,a:c or a cirCtlee curve to ire 1.f nc .c n 1 ter c O saidcircular L; t iru • run S� 'c.-h' st r_y a}.o.n the 2.�' r _ '� h .., h vte a f,'.r - C: i:i a : j:O ss'�i1t' .tC'it> having\T.L:1�� a radius O_ 1354. rJ(? feet, t.oa n l of 210 r, 3 ", for an arc distance of 517..03 feet to a ,_ t.. ::r C.IL :Yc t 0 t ^;..':iEO:.tT3�1 i.; '!?,..,ccT'n with .ull.�. 3.TG D a C«c 1 said • left; thence run Southwesterly to Southeasterly along the arc of said ci='cailar curve to the left,having a radius of 350.00 feet, thtough a Central angle of 62027`55":, for .an arc dsst nce of 381.58 feet to a. point of tangency with a line 25. 60 ,feet North' o!' .and 'Da_ alle? with the prcperty ,conveyed t �'njversity of tiami; thence run S 445022'07" E along a line 25,00 Feet North of and .parallel with the.. said University or Miami property for a distance of 170 feet mere or 1ecs . o the mean high water line of Virginia Key; thence meander s1ortheast,erly along the mean high water line of V..:rgir_ie Xey fora 4iStance of 44300.feet poreor less to a point.of interse:ction.with he forth line of the South 1000.00 feet 'of -said.SeYtion 7:6, thence run N 89p55'5OT' u along the Berth line of the So.th 1600.00.feet of said Section 16.for- a distance of 3200 feetcore or less to the Point. of Bta1.ning.j The COUNTX grants all the real property noted .in 'this. Deed to the City so long -as .the City utilizes the said prooerty ;for public park Jur pbses 'only. The city "agrees to keep the -property .open to. "tne public, Provide ma?nte'.ancea'-d a level of services equal to or exceeding .that which was provided by the Cc my . ; The CITY will 'Jrdv1de.a .development schedule of the property and the, davelopnent or relocation of, any facilities will be in accordance withthe approved master plan and. any revisionsshall first be a}". ur4vec1 bY the Board of Co rntY Commissioners at a put;lic hearing. If exist ng aci litie`s are subject to relocation:, .the replacetent facility shall be constructed and made available for rub1ic use before the demolition and closing of .the existing facility. The CITY shall prohibit park patrons access pinto the Marine Research area (as defined toy the Boarc. of Cou. ty Comm ssioi Resolutio t No. R-674-62 on May 28, 1559) . In the evert tie City does not use the property as a public park, or car:vcys or attempts to convey all or 'a .po vion of the. property, then the .property described herein will revert back to the County or its successors .or assigns at the optien.of the County_ The restriction:_- are - subject to an annual review by the County Manager or his designee. . z$.S grant conveys .only the interest of the Conty and its Board of County Coiu^i saionert in the .property herein described, and shall not be deemed to warrant the title or to represent any state of facts concerning the same. .`-r-11143.47; 238 RICHARD p. EaINKER, CLERK c--- ' By: Deputr Clerk Circuit r.:ourt • This instrument was prepared by: nr.neral"Services Administration .1175 E.W. South River -Drive Miami, Iaoride-33136 " STASI?, OF 3",i'LdRIDA • it.T DADE- ) , • Ty wTTNEn$ MHERE07 the said Party of the first part hAs caused these pvv‘zents to ba executed in its name by its Board of County commissApners actinz-by-tho Mayor or 'ice Mayor of -said Board, the day Apil,y.par aforesaid. 0 NI frt. Ap r4.2" DADE CQtThTr, FLORIDA- T$:-.400P OF C0Of . / 4 ITS MAYORCR'iTCE MAYOR • Before me persOnally appeared,STEPHL'N P. Cu ANNE-SH.PM tO me well known to be the Mayor or - Vice Mayo -rand Clerk or Deputy Ccric of Dadd-CoUty; F1or1,0,a, . Who exocated the foregOing inttrttent, and aCknowledged to and before me that they eXecUted said instrument for the purposes herein expressed. - , Witnets my hand and officlal Seal, this - day of • April 7 my Cot:mission expires: : 'LFUbile • 140TA17. li..0.4/P SW! aomk :AT Stat.e of Florida at Ler5e 'MY }aki Ekb.igS,*r I s 41•_..1:).-6 T4.0 if45 . UPCJitsiTtr/xs • 9.;:s% • • • t7.7044*.A.,1"i:44,-.4fA=c. APA 'sr 44 R10E4 D' p. px,r;q:44 6.RStiir e&iRr. • FL 4 i 1ri "'lCi11E Cr, :th sftwooi..1l t824 1945 MAPPED SliORF.JNE (ir ' EAST 1301111bARY 15 THE A!EAN WATER. LINE -PER:CHARTER177, FtARIDA SATUTFj) • Deed 22 �[ Ttn �r ! `t f�sAlfz�.i y� �y ae�T� ,t - _�_. 1. HIS t.r1iiET SHAL:. jEt.UD IN .:csN r{ tIt t4 C A7�Lis� � . D PTL." D b tSJ tillE.i. HG ` i }� , L LM4D 1€t'tk. ice' CITY i� tom. 400A' {7t'cArrAs*A>; e) `AA DY:i7ES DATA ; Y 1. it/04 cif NO. 2 M I7434-234 A5 i}h.Ai }. f IHiS - i S ALL itAN ThE i ai t: OFFI AL (OR r AND PAGE:: 5R AS,FOEIN'D Cad 1iiE CADASTRA! _MAF, .gig. Sd °1i_`'WAN AN OBI WISER Vial PRIYCONTAINS' sC".�S :'-R TGtle IONS 1.1C7D TrIE W.CORDM �` r. 11) SHALLMEAN AN ITEM Mite 1IIAT DOES NOT APPEAR TO CONsALN PRD°EtTY g $1 IN TIE RE=9? DOCUICNT. .2001 NL1t...1D7th AVE. CITY OF MIAMI IAl I FL 33172=2507 M.... _ (�) 592=7275 VIRGINIA KEY GACASTRAL O.R.B. 11434-234 DATE: 10-22-04 DE GN D.-1C.PEFtZ DRAWN: Z.C.-PME7 CHECKED.: D.W.DEANS JOB o-134d.01 1-1 SEMi Z 2CtZr, vas re O. et.— Plomida, M In= Offin OF TE2 ELLIZEM ilULCCOICE, UR= Ite ArD a= COVVY.,-IrLCECDA. } COVOS liCe m 071 Petitioner, ..C1-101 ) rmsiancei pEoczertms. LC R DWAIff, DX), a Florida ) aorporatin:, 'FLORIDA Poczn.L LICM FlO;:ide cOr±;:tiretiaa, ) TRSODDR1713':.BAngT, CI zryprr SRAM;E FjJ.ittoriopPetio2of ) • State of MATS ••07 _iimeRtra, =WM -.12',1102; £ ttti. Subdi- ) • vi.zio o State -of Flaride, Defendants, gOTIOS OF LIS PSATOMS • ••• lictice is hereby given thai the shove fait was in- atilt:tee on the -30ta.t. day cr Ay,r11, 194,1, %herein the above =cued "Ma City co 21.1=1, a autieipal corporation of the State lir Florida, la the petitioner, and Camara. Cc=per.y, Ir., El piorida cix.pozzoion„ Flc=ide .?oser Licht axpety, a Florida corporation, Theodor= )M.i Ley, City of Mani Beach, a ounicil ag2Pcmation of State Of' Florida, State of Florida, County of Dade, a political subdivision 6: atatv cf aro defeciants. The psop=ey ix4,03.7sa FA said suit in situate, lyins end bang In Dads ConoVe Florida, and is ss=a partioalt denoriind sa follows:- etc * of tine 1:74- and Us L=e2 - - 4a;'. Mo'ic argeeP,I.PALOP.:243-4;?,-AL-141". tgriwrzatirt 511, ftrecii, an* 4,8 Neat tai. &Ufa vita at tletreti=s, r3.it416 sisti Eviagicmar 2-14=ifti"end-littoral iseteR FrivOlo= Est iffiskts to rfp$ 7-7.a.s • • -2,- Li,t2 i •L City se Vonado ig: tins elf the ate. nweiac, zoo= to umpire a `ebr .in ess siarria th,. sabots describse .52.a Cie* of -tin Cin..ght plisses res.cel, t.f.12 Notion C i ?0Edzn5 in Lis ;Ps D3al:9t :in sad Court. Data at &may County, . tkis ,o I $ A. D. 190. tgkb ieeiti. • V.a' 1•ai....tr+r-'�:� .�"�� ... ,:. pia, .1,-. r + L - • • T-7‘ — _ EOM I. tis MIST VALL E USE asi,JUNCTION Th TrE DRAtINGSET EN11111D 'OADASTRAL MAPPiN0 PRO-M.M FOR 'BIT: ISLAND OF 'AMA KEY are 4:1= itillAkt, FLORIDA' (Th CAtASTRAL MAR') PfARED BY FB,‘J OM JUL'( 1 2004 1.11-JZ JOB NO. 01---1349.01. 2,1 7 .6-159 AS maga, :ON WS Dfi-147 SMALL hEAN TrEITI NUMSZR, OFT-1CIAL REO=:: EOM (OR DEED BOOK) AI40 PA GE N'AIEER AS FOUND 04¶E CADASTRAL toip. tEstitik SHML AN AN 1701 POSER THIC14 CON'TAKS PQPER1Yf5iRICTI0NS,MCIRE FULLY -COMBED IN T RrORIED DOCUterr, OD Wit- ItER-1rrw NUMEM MT pas NOT APPEAR 70 C0N7AN FROPRTY p.gsrmows THE M'anDED DOCIRMT: 2001 14.1f4 •107Ib AVE. MAK .FL 33172-2507 (305) 592-7275. 'oFfiZATIONNLR I.S24 DIY OF MIAMI VIRGINIA KEY CADASTRAL O.R.B. 76-159 DAM: 10--22-04 DES1GNM: ZC.PEREZ •DRAWN: 7.-C.PERa CHECKED: D.ADEANS Joe NO.:::0I-,-1349.01 1 eo T" i C7 i„ , iflticn o1. the Stateo � ) • ' ) Petitioner, ) ,M2e4S8 areal J�1Niett AlMgr 306 T&3_L:T:' GFXILETf a t. t unT ieK, ccZporetioa ) e the-fiF.gteof Florida, ) petitioner, ) Sys_ C1iP.T.w3 C{P131, Tic .. , a . ) Ficrida co o, e :ion, et . ) Defendants. _) C 2 :e..4,7IT Carat 07 l aa I AmFO DtJE CGuts�"f io. Z-9749 DDLI)4a1TION P3Or S . Filrti Wit to 6Y of G-r c- 4; L*,. ? 94* rner p el<* : 41 t+;arf Il n Evai t eF the lit,h day of August T s -444, Paz'zies to this C:S9 bt theirtheirattor eys, ,t ame together So: trial Gt the esie a r the.-�eu, cause and Pon cane s .so a . Jszy composed c"+a; Foremen, a c, wring bee-: sworn according to law and },tiring.: d the tesei«atY end the charges Of the C Pre2ises ret+;+ o.} an4 keying riewed the .� ed to consider their verdict, and e ...., returned into Open r red the folloss..ag verdict: ro TEN Dna:1'T douiTTo. NNE ELEVENTH JUDICIAL .Ci?CCiT IN A FOE ? DADS DOVN w FLOSIDa. C ON ';c.. W. Y NO. 4749. far Zor ) CQNDEUi:$TION r' OG&EDINCS cargo+-aDGPAsY, NO.., a Florida ) a-, et il., ) Defendants.. --- ---- ) M, the Jury, Sind an accurate description of the tits rroP- 7 taken in this cause to he is :allows: '_T t' • =.1.1J-T; Box 14-.3 xr-3a5 - 717gLWf i tbg- and the FTsotioosl—Si of the ar4 tbe-Frartionel St _Of 16,, and ?notional testi= 1,1 io lOrosaip 54 por.:-.4, lance 42 Zast, 'together with eii acoretions,-relictiOns and avulsions riParien god ;Littoral rights, -water privileges are rtghts to ttboirged lands.1 We also find the oczpar.satior to be de for the La,cir,z of Tbec the ni and the Fractional Di or - Lhe toe•Fractional of.SeEtion 16, d-F;Seti000l'Sestia=,;15.6!!i:ng 17t:c11nIAsl:a;14;.114111:1: allagpts aod littoral rigots, to inhEarged lands, to be 5.255,000,C43 , to be awardet the Carlo? Coopany, Ino., Florida oosPorotioh. We also find that,Zvams, Yershot and Sawyer, s attorneys for Carlo.: Compaty, Inc., he awarded the sum of $ 7=0.GO as eiSortieis :ees. • Se Dated this lath Ely of Aurust, 1944. DUFFIELD W. 11ATSON • 113.Mi&N7 IT IS TPEE! ORM= AND AD3UDOFD that the elle Verdict is the Verdict of the itry atd imple.end suffitiont in form cm letiCh to base this Final jr.dirent. Tr l'..1W2YEW MEM in AD3=ED...that..tha-property----- described in eaid Nierdict, Tha W and the Freotional Di- of -EZ:- and" the. Fractional Si Of SeCtion Sec tior... 3.5, L. in 'Township 5+10t-th, Fattges42 Zest. the with ell aceretione..relictionS emd avulsions, riPariao WItd littoral rights, water privileres'and rights to tub:se:red -lends , . I shall be, and is hereby appropriated to the said City of., 51.ant, a eginielpal corporation of the hate of Florida, in fee simple lzPoo the Fetittomeris paying into this Court -Por the nee and benefit of Carlo: r•Cm,w...y, Az%•a Florida corporation, the Eol`re,-',,,ot h•szle4 ••• - 14-3 mig.f6 rxx • stur2488 lasmid,.the sum c $255,000,0o, being the tOtefoompeosatipa a3001-41.ied arld ropldby the Verdict*of the ;try 'tor the said dete:F4azt, Ca4or ;om,r,g1177 ;pt., a Piorida corpor4tien, azd Vex stm Of $7;opo.00, bet,* the combehsatio; allowed Kershon tod,SI;Yar, sm attar;SY; aPPaam4g amd Partioiptine de- f04sf for their datandapt7 the cFlor Co#aty" a :Florida corporatiorl, an tha s*pr-$18.60 ror Court doses. , DONE ANT., OADEZED /Aey of August., 1944.. 7 ami, Dade Cotity, norida, this %..e7 ITAGE . Fksrisa, Count•y ol Dsee, Tnis kv...-usuat vas Mel b.- t14 day 194:1 a"—LL__reteA and c"..Sy .teisra,d ,0/—fte f- '..."7.4714E/INfAN . . Ce.rk er. v1; • ATTACHMENT A PROJECT WORK PLAN DEP Agreement # CM311 Prof ect'Title: Restoring Coastal Miami Grantee Organization Name: City of Miami Chief Elected Official or Agency Head: Johnny Martinez, P.E. Title; City Manager Address: 444 SW 2" `d Ave. City: Miami Zip Code: 33130 Area Code and Telephone Number: (305) 416-1025 Area Code and Facsimile Machine Telephone Number: (305) 4I 6-1019 I1VIaiI Address: jmartinez_4Jniamigov.com Project Manager Organization Name: City of Miami Name: Juan Fernandez Address: 444 SW 2nd Ave. City: Miami Zip Code: 3313.0 Area Code and Telephone Number: (305)'856-6801 Area Code and Facsimile Machine Telephone Nuinber: (305) 960-301.9 E-Mail Address: is'_fernandezCThci.miami.fl.us Fiscal Agent Organization Name: City of Miami Name; Janice Larned Address: 444 SW god Ave. City: Miami Zip Code: 33130 Area Code and Telephone Number: (305) 416-101.1 Arca Code Arid FaesiniileMachineTelephone Number: (305) 416=1019 E-Mail Address: JL.,arned@rmiamigov.com DEP Agreement No. CM31I, Attachment A, Page 1 of 7 Mailing Address for Warrant (if other than the Grantee address): FEID. No.: 59-6000375 DUNSNo.: 072220791 Project Location; Identify the location of the project and include tlie.county/counties involved in the project area. If this project affects water, include the watershed and hydrologic unit code. Virginia Key island is located in Biscayne Bay, Township 54, Range 42, Sections 16,:and 17., south ofFisher Island, north. of Key Biscayne, bordered by the Atlantic Ocean to the east, and Biscayne Bay to the west. County in which project is located: Miami -Dade DEP Agreenieiit No. CM1311, Attachment A, Page 2.of 7 Scope of Work: Provide a summary of the project and the justification supporting the need for the Florida Department of Environmental Protection to fund the project. Provide a detailed description of the work to be performed for the project. Project descriptions should include specific tasks and deliverables. Virginia Key is a 1000-acre barrier island containing a variety of upland and wetland plant communities including seagrass beds, inter -tidal sand/mud flats, mangrove and herbaceous wetlands, beach dune communities and a coastal maritime hammock. The island is located west of Biscayne Bay, north of Key Biscayne and borderedby the Atlantic Ocean to the east. Although there has been some limited development, Virginia Key is non-residential and remain; largely in itsnatural state. The Key is jointly owned by the City of Miami and Miami -Dade County. I'he proposal project will carefully extend the Virginia Key coastal hammock nature trail created in 2000 that is adjacent to and through both wetland and dune ecosystems. The objective is to make these ecosystems more accessible for educational and ecological purposes serving the local community while ensuring the continued protection and preservation of these critical and unique natural resources. The project site, however, is currently overrun by invasive plants including F3razilian pepper, Australian pine, latherleaf:and half -flower. Using matching funds, a 30- foot band of exotic plants lateral to the created nature trail will be removed and replaced with native plant species from the City of Miami's Virginia Key Native Plants Nursery.. The native plants include, but arc not Iimited to, Inkberry holly, Florida privet, sabal palm, cocoplunn, sea grape and red mangrove. The City of Mianii requests FCMP. funds to implement a portion of the Virginia Key restoration prerject for: Task:. Enhanced public access at Virginia Key I) Design and installation of signs,. shelters and other park amenities (benches; waste containers). 2) Recruit volunteers. 3) Remove exotic, invasive vegetation located lateral to the proposed trail; revegetate the removal area with native plants. Ensure that all exotic vegetation removal and native revegetation activities associated with the FCMP- funded project take place during the grant period. Delivcrahles 1, Photos of before/after removal of exotic vegetation, and dates when exotic removal activities occurred. 2. List of volunteers, and dates and number of hours volunteers worked on project. 3. List of native vegetation to be planted on project site; dates of native revegetation t -ork, and photos of planted native vegetation. 4. Draft sign submitted for FCMP approval; and copies of finalized signs and shelters_ >. Photos of installed benches and waste containers. IDEP .Agreement No. CM311, Attachment A, Page 3 of 7 Project Description, Related Tasks and Deliverables: Provide detailed tasks for the completion of the project, deliverables specific to the tasks (required reports such as progress reports and final reports are not deliverables as they are required by all agreements and are not project specific), timeline for the completion of the tasks and submittal of the deliverables; the criteria that will be used to evaluate the successful completion of the task and deliverable budget information for each deliverable. PAYMENT WILL BE BASED ON COMPLETION OF .DELIVERABLES: I9elir;erables must be submitted and approved prior to payment. Deliverables must be quantifiable, measurable and Verifiable. Each deliverable must be directly related to a task specified in the scope of:work and rust identify the mirimum:level of service to be performed. Task 1 ($29;490): Remove exotic, invasive vegetation located lateral to the' proposed trail; revegetate the renios'aI area with native plants. Deliverable 1.1 ($5,458.50): Photos of before/after removal of exotic vegetation; and dates when exotic removal activities occurred. Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences No payinerit for un_tiatisfactory or incomplete work In :addition, agreement can he terminated. for failure to perform. Completion Date::September 30„ 2013(deliverables are due no later than 10 Budget Inforniatio.n: $5,458.50-Match Salaries.: $5,458.50-Parks Naturalist Senior 1 hour per Week for 40 weeks, at a Grounds Tender:— 3 hours per week for 40 weeks at a: rate of $17.19 $2,062,80 hours :per week for 40 weeks at a rate cf$8.73 =:$2,095.20. Fringe' Benefits: _FICA/MICA—$5,458.50 x 7.65%= $41.7.58. days after the completion date) rate of $32.5I = $1.300.40. `rj o Temporary Laborers — 3 Deliverable 1.2 ($15,000.92): List of native vegetation planted on project site; dates Of native revegetation work, and photos of planted native Vegetation. Performance Measures: Deliverable revieWed to ensure specifications in scope have been Met. Financial Consequences No payinentfor unsatisfactory or incomplete work. In :addition, agreement can he terminated for failure to perform. Completion Date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Inforinationf $15,601:58 _klatch Salaries: $2;3.65.58-Parks.Naturalist :Senior —2 hours per week for I4 weeks at a rate of $32:51 — $9I 0 2$. Grounds Tender — 3-hours per week for 14 weeks at a rate of S 17.19=:$721.98. 'T uo_Temporary Laborers -- 3. hour,. per week for 14 weeks at a rate of $8.73 $733.32. FringeB3enefits! FICA/MICA-$2,365.58 x 7.65% 7 $.180.97. Supplies: Native vegetation will be supplied as match valued at $12,454.37 from the.City ofMiarni'nursery. Deliverable 1,3 ($8 613): List of volunteers, and dates and number of hours volunteers Worked osi:project. Performance Measures: Deliverable reviewed to'ensure specifications in scopeeliave been Met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can be terminated for failure to perform. Completion Date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: S8,613-Match Other Expenses: The Restoring Coastal ]Miami project reflects 33voluntecrs working at least 3 hours per month on the restoration component. 33. Volunteers @ 3 hours p/mo. x $7.2.5 (Miami volunteer service rate) x 12 months $8,613 . Task 2 ($29,490): Design and installation of signs, shelters and other park amenities. (benches, waste containers). Deliverable 2.1 ($11,883): Photos of installed educational signage. Performance Measttres:.Deliverable reviewed to ensure Specifications in scope have been met. Financial Consequences: .No .payment for unsatisfactory or incomplete work. In addition, agreement cart be terminated for'failure to perform. DF:P Agreement No. CM311, Attachmenit A, Page4 of 7 Completion Date: September 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: $11,883- FCMP Other Expenses: $11,883The Restoring Coastal Miami project will provide public access to coastal and marine. resources: Restoring Coastal Miami creates a nature trail that provides educational opportunities through signage and tours. 1 plastic sign (a $1,300 = $1,300 10 plastic .signs@ S575 = $5,750 3 custom signs @ $SOU = $1,500 I00 color pictures printed resistant, to sunlight @ $33.33 = $3,333 Deliverable2.2 ($17,607): Photos of installed shelters, benches and waste containers Performance Measures: Deliverable reviewed to ensure specifications in scope have been met. Financial Consequences: No payment for unsatisfactory or incomplete work. In addition, agreement can n be. terminated for failure to perform. Completion. date: September 30, 2013 (deliverables are due no Iater than 10 days after the completion date) Budget Information: $17,607- FCMP Other Expenses:: The Restoring Coastal Miami project will provide public access to coastal and marine resources. Restoring Coastal Miami creates a nature trail that provides educational opportunities and safe, enjoyable experiences with shelters and benches for comfort and leisure. The trash receptacles are provided out of respect and protection of Virginia Key resources. 6 tiki buts , S2,3 70 +, $446 = $14,666 4 plastic benches C S425 _ $1,700 4.33-;anon trash receptacles @ S310.25.= S 1,2.41. DEP Agreement No. CJ<4311, Attachment A, Page.5 of 7 Total Project Budget Schedule: Please type the total dollar amounts in all applicable categories and leave other categories blank. if your grant Agreement requires match, it must equal the FCMP funds requested, or one hundred percent (I0D%%). Budzet Cate ory FCMP Funds MATCH Funds 1. Salaries 7.824.08 2. Fringe Benefits 598.55 • 3. Travel 4. Equipment Purchases 5. Supplies 12 454.37 6. Contractual Services 7. Other Expenses 29.400 8.613 8. Indirect Charges FCN1P Total . $29.490 Match. Total $29.490 NOAA Project Total 858.980 Total Project Cost: S59.581 (The total cost of the project includes all costs for the project provided by all funding sources) DEP Agreement No. CM311, Attachment A, Page 6 of 7 Project Budget Narrative: Describe line items for each applicable budget category shown on the budget schedule. Provide sufficient detail to shots 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 thatparty 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: Other.Ixpenses $29,40.0: The Restoring Coastal Miann project will provide public access to coastal and marine resources. Restoring Coastal Miami creates a nature trail that provides educational opportunities through signage and tours. The nature trail will allow for .safe, enjoyable experiences with shelters and benches for comfort and leisure. The trash receptacles are provided out of respect and protection of Virginia Key resources.. 1 plastic sign @ $1,300 = $1,300 10 plastic signs ©:$575 _ $5,75:0 3.custom signs @ $500 = $1,500 100 color pictures printed resistant to sunlight @ $33.33 $3,333 6 tiki huts @ ;$2,370 1. $446..' $14;666 4 plastic benches ( 7 $425 = $1,700 4 33-gallon trash receptacles ci? $310.25 = S 1,241 Match Funds: Salaries $7,823,98: Staff is responsible for manually rernovin; the exotic and uirasive species as ‘;'ell as oversight of the restoration component. The signs, shelters, benches and trash receptacles will be placed along the nature trail. Exotic, Invasive Removal $5,458: Parks Naturalist Senior -I hour per week x 40 weeks at a rate of $32.51 -- $1,300.40 Grounds Tender- 3 hours per week x 40 weeks at a rate of $17.1.9 = $2,062.80. 2 Temporary Laborers-3 hours per week x 40 weeks at a rate of $8.73 x 2 = $2,095. 20. Native Revegetation.Work $2,366: Senior Parks Naturalist-2 hours per week x 14 weeks at a rate of $32.51 = $910.28 Grounds. Tender-3 hours per week x 14weeks at a rate of $.17.19 = S 721.98 2 Temporary Laborers-3 hours per week 14 weeks at a rate of $8.73 x 2 - $733.32 Fringe Benefits $59.9: Exotic, Invasive Removal - FICA/MICA — $5,45,8 x 7.65% = $417.58 Native Rcvege:tation \York - FICA/MICA — $2 366 x 7.65% = $180.97 Supplies $12,4 4,37: Native Vegetation: front the City of Miami Virginia Key nursery valued at S12,45.4.37. Specifically, Saba]. palmetto, Wild coffee, Pigeon plum; Wild lime, Florida privet; Black bead, Coco plum, Paradise tree, Counties, Sea grape, Lance. wood, Gumbo limbo, Mastic; Strangler fig, Indigo berry, Red mangrove, Bloly, Satin leaf, Green button wood, Dahoon holly, Myrtle -of -the -river, Spanish stopper, West Indian cherry, Calabash tree ( Enalagma latifolia). In addition: a) Schaus'Swallowtail Butterfly: Since 1997, Miami has been creating conditions to attract the Schaus Swallowtail Butterfly by planting species such as: Zanthoxylumn fagara, Zanthoxylum coriaceum, and Amyris elernifera. These species .will be reintroduced as part of the project. b) Biscayne Prickly Ash: One of the most important populations of Prickly Ash in Florida is in this portion of the coastal hammock of Virginia Key. These populations will have conditions to expand once the reforestation that is part of this project is completed. Other Expenses $8,613: The Restoring Coastal Miami project reflects 33volunteers working at least 3 hours per month on the restoration component. 33 volunteers x 3 hours p'tiio x $7.25 p/hour x 12 months — $8,6.13. DI.1.3 Agreement No. CM311, Attachment A, Page 7 of 7