HomeMy WebLinkAbout2024-305A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
AGENCY COST -SHARE AGREEMENT BY AND BETWEEN THE
IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE
TRANSFORMATIONAL HABITAT RESTORATION AT BIG SLOUGH AND
PREACHERS HOLE
THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("Council"),
whose address is 1235 Main Street, Sebastian, Florida 32958, and MIAN RIVER COUNTY ("Recipient'),
whose address is 1801 271 Street, Vero Beach, Florida 32960. All references to the parties hereto include
the parties, their officers, employees, agents, successors, and assigns.
The waters of the state of Florida are among its basic resources, and the Council has been
authorized by the United States Environmental Protection Agency to be the local sponsor
for the Indian River Lagoon National Estuary Program.
Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for
managing the Indian River Lagoon National Estuary Program.
The Council has determined that providing cost -share funding to Recipient for the
purposes provided for herein will benefit the management of the water resources of the
Indian River Lagoon.
The parties have agreed to jointly fund the following project to benefit the water resources
in accordance with the funding formula further described in the Statement of Work,
Attachment A (hereafter "the Project"):
Project description: The objective of this project is to restore 12.8 acres of seagrass at
Big Slough and 10 acres of seagrass at Preachers Hole.
In consideration of the above recitals, and the funding assistance described below, Recipient agrees
to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient
shall complete the Project in conformity with the contract documents and all attachments and other items
incorporated by reference herein. This Agreement consists of all the following documents: (1) this
Agreement; (2) Attachment A- Statement of Work; (3) Exhibit A - Department of Commerce (DOC) NOAA
Notice of NOAA Award Cover Letter ("NOAA Notice of Award") and all DOC and NOAA Standard Terms and
Conditions and Specific Award Conditions referenced therein and otherwise applicable to the Project, (4) Exhibit
B — NOAA Performance Progress Report (5) 2 C.F.R. 200.327 and Appendix 11 (contract provisions); and (6)
other attachments, if any. All such documents are hereby incorporated herein as if set forth in full. The parties
hereby agree to the following terms and conditions.
1. TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until September 30, 2027 ("Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance on October 1, 2024 and shall complete
performance in accordance with the time for completion stated in the Statement of Work.
Time is of the essence for every aspect of this Agreement, including any time extensions.
Notwithstanding specific mention that certain provisions survive termination or expiration
of this Agreement, all provisions of this Agreement that by their nature extend beyond the
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GL01-2309
Completion Date survive termination or expiration hereof.
(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by
Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided,
however, that Recipient may submit a written request for extension of this time limit to the
Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify
Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be
deemed modified accordingly without any further action by the parties.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement
of Work, Attachment A. Recipient is responsible for the professional quality, technical
accuracy, and timely completion of the Project. Both workmanship and materials shall be of
good quality. Unless otherwise specifically provided for herein, Recipient shall provide and
pay for all materials, labor, and other facilities and equipment necessary to complete the Project.
The Council's Project Manager shall make a final acceptance inspection of the Project when
completed and finished in all respects. Upon satisfactory completion of the Project, the Council
will provide Recipient a written statement indicating that the Project has been completed in
accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute
a release in full of all claims against the Council arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING
(a) Compensation. For satisfactory completion of the Project, the Council shall pay Recipient
approximately seventy six percent (76%) of the total cost of the Project, but in no event
shall the Council cost -share exceed $1,073,506. The Council cost -share is not subject to
modification based upon price escalation in implementing the Project during the term of
this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure
completion of the Project. Recipient shall notify the Council's Project Manager in writing
upon receipt of any additional external funding for the Project not disclosed prior to
execution of this Agreement.
(b) In -I ind &j3! es. Recipient agrees to provide $340,000 as match and $346,957 as
leverage in the form of cash and/or in-kind services for the Project, as further described in
the Statement of Work, which shall count toward Recipient's total cost -share obligation of
$686,957.
5. PAYMENT OF INVOICES
(a) Submission of Invoices. Within 30 days after the closing date of each calendar quarter
(March 31, June 30, September 30 and December 31), Recipient shall submit one invoice
upon successful completion of the Project by one of the following two methods: (1) by mail
to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or (2) by a -mail to
kolodnyeirlcouncil.gM. The invoice shall be submitted in detail sufficient for proper pre -
audit and post -audit review. It shall include a copy of contractor and supplier invoices to
Recipient and proof of payment. For all approved expenses incurred on or after October 1,
2024, Recipient shall be reimbursed for approximately seventy six percent (76%) of
approved costs or the not -to -exceed sum of $1,073,506, whichever is less. The Council shall
not withhold any retainage from this reimbursement. If necessary, for audit purposes,
Recipient shall provide additional supporting information as required to document invoices.
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
(b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30.
Irrespective of the invoicing frequency, the Council is required to account for all
encumbered funds at that time. When authorized under the Agreement, submittal of an
invoice as of September 30 satisfies this requirement. The invoice shall be submitted no
later than October 30. If the Agreement does not authorize submittal of an invoice as of
September 30, Recipient shall submit, prior to October 30, a description of the additional
work on the Project completed between the last invoice and September 30, and an estimate
of the additional amount due as of September 30 for such Work. If there have been no prior
invoices, Recipient shall submit a description of the work completed on the Project through
September 30 and a statement estimating the dollar value of that work as of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the
Completion Date; provided, however, that when the Completion Date corresponds with the
end of the Council's fiscal year (September 30), the final invoice must be submitted no
later than 30 days after the Completion Date. Final invoices that are submitted after the
requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty
may be waived by the Council, in its sole judgment and discretion, upon a showing of
special circumstances that prevent the timely submittal of the final invoice. Recipient
must request approval for delayed submittal of the final invoice not later than ten
(10) days prior to the due date and state the basis for the delay.
(d) Invoice Requirements. All invoices shall include the following information: (1) Council
contract number; (2) Council encumbrance number; (3) Recipient's name and address
(include remit address, if necessary); (4) Recipient's invoice number and date of invoice;
(5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting
documentation as to cost and/or Project completion (as per the cost schedule and other
requirements of the Statement of Work); (8) Progress Report (if required). Invoices that
do not correspond with this paragraph shall be returned without action within twenty (20)
business days of receipt, stating the basis for rejection. Payments shall be made within
forty-five (45) days of receipt of an approved invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel
expenses, travel expenses shall be drawn from the project budget and are not otherwise
compensable. If travel expenses are not included in the cost schedule, they are a cost that
is borne by Recipient.
(f) Payments withheld. The Council may withhold or, on account of subsequently discovered
evidence, nullify, in whole or in part, any payment to such an extent as may be necessary
to protect the Council from loss as a result of: (1) defective work not remedied; (2) failure
to maintain adequate progress in the Project; (3) any other material breach of this
Agreement. Amounts withheld shall not be considered due and shall not be paid until the
ground(s) for withholding payment have been remedied.
(g) Annual budgetary limitation. For multi -fiscal year agreements, the Council must budget
the amount of funds that will be expended during each fiscal year as accurately as
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
possible. The Statement of Work, Attachment A, includes the parties' current schedule for
completion of the Work and projection of expenditures on a fiscal year basis (October 1 —
September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will
exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the
Council's Project Manager and provide a proposed revised work schedule and Annual
Spending Plan that provides for completion of the Work without increasing the Total
Compensation. The last date for the Council to receive this request is August 1 of the then -
current fiscal year. The Council may in its sole discretion prepare a Supplemental
Instruction Form incorporating the revised work schedule and Annual Spending Plan during
the then -current fiscal year or subsequent fiscal year(s).
6. PAYMENT AND RELEASE. Upon satisfactory completion of the Work, the IRL Council will
provide Recipient a written statement accepting all deliverables. Recipient's acceptance of final
payment shall constitute a release in full of all Recipient claims against the IRL Council arising
from the performance of this Agreement, with the exception of any pending claims for additional
compensation that have been documented and filed as required by this Agreement.
7. LIABILITY AND INSURANCE. To the extent permitted by law, each party is responsible for all
personal injury and property damage attributable to the negligent acts or omissions of that party, its
officers, and employees while acting within the scope of their employment. Nothing contained herein
shall be construed or interpreted as denying to any party any remedy or defense available under the laws
of the State of Florida, nor as consent by either party to be sued, nor as a waiver of sovereign immunity of
the either party beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. In any
subconh~act, Recipient shall require each subca actor who perforans work under this Agreement to mde<nnify
and hold the Council, its officers, employees, and representatives, harmless from any liability or damages arising
from that subcontractor's negligent or wrongful ads or omissions. Each party shall acquire and maintain
throughout the term of this Agreement such liability, workers' compensation, and automobile
insurance as required by their current rules and regulations, which may include participation in a self-
insurance program.
8. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding
availability, which may include a single source or multiple sources, including, but not limited to:
(1) revenues appropriated by the Council's Board of Directors; (2) annual appropriations by the
Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that
extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the
sole discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year.
Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal
Years, the Council shall so notify Recipient, and this Agreement shall be deemed terminated for
convenience five (5) days after receipt of such notice, or within such additional time as the Council
may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on
October 1 and ending on September 30.
9. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project. Either party may change its Project Manager upon three (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five (5) business days. All notices shall be in writing to the
Project Managers at the addresses below and shall be sent by one of the following
methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e -
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
mail or (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via
overnight courier are deemed delivered one (1) business day after having been deposited
with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted
and received.
COUNCIL
Kevin Walker
Project Manager
IRL Council
1235 Main Street
Sebastian, FL 32958
(352) 630-9449
E-mail: walker(d4rlcouncil.org
RECIPIENT
Melissa Meisenburg
Sr. Lagoon Environmental Specialist
IRC Parks and Conservation Resources, IR County
5500 771 Street
Vero Beach, FL 32967
(772)559-5330
E-mail: mmeisenburg(a,indianriver.jzov
(b) The Council's Project Manager shall have sole responsibility for transmitting
instructions, receiving information, and communicating Council policies and decisions
regarding all matters pertinent to performance of the Project. The Council's Project
Manager may also issue a Council Supplemental Instruction (CSI) form, Attachment B,
to authorize minor adjustments to the Work that are consistent with the purpose of the
Work. Both parties must sign the CSI. A CSI may not be used to change the Total
Compensation, quantity, quality, or the Completion Date of the Work, or to change or
modify the Agreement.
10. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the Council Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project
and outline any potential issues affecting completion or the overall schedule. Reports may
be submitted in any form agreed to by Council's Project Manager and Recipient, and may
include emails, memos, and letters.
(b) Performance Monitoring. For as long as the Project is operational, the Council shall have
the right to inspect the operation of the Project during normal business hours upon reasonable
prior notice. Recipient shall make available to the Council any data that is requested
pertaining to performance ofthe Project.
11. AMENDMENTS. The parties may not amend this Agreement except in writing, signed by both
parties' authorized officials. Modifications that alter, add to, or deduct from the Work, or otherwise
modify the terms of this Agreement, shall be implemented through a change order or formal
amendment, specifying the nature of the change and any associated change in the Total
Compensation and/or Completion Date. The IRL Council's Project Manager may also issue an IRL
Council Supplemental Instruction (CSI), Attachment B, form to authorize minor adjustments to the
Work that are consistent with the purpose of the Work. Both parties' authorized officials must sign
the CSI. A CSI may not be used to change the Total Compensation, quantity, quality, or the
Completion Date of the Work, or to change or modify the Agreement.
12. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days
written notice. In such event Recipient shall be compensated for all Work performed in accordance
with this Agreement to the effective date of termination. If Recipient materially fails to fulfill its
obligations under this Agreement, including any specific milestones established herein, the Council
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the
specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails
to cure the breach within the thirty (30) day period, the Council shall issue a Termination for Default
Notice, and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient
shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty
(30) days of such termination. The Council may also terminate this Agreement upon ten (10) days
written notice in the event any of material misrepresentations in the Project Proposal.
13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without
the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements
in any contracts awarded by Recipient and payment of all monies due. No provision of this
Agreement shall create a contractual relationship between the Council and any of Recipient's
contractors or subcontractors.
14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt
and expenditure of the funds provided hereunder are shown separately from other
expenditures in a format that can be easily reviewed. Recipient shall keep the records of
receipts and expenditures, copies of all reports submitted to the Council, and copies of all
invoices and supporting documentation for at least five (5) years after expiration of this
Agreement. In accordance with generally accepted governmental auditing standards, the
Council shall have access to and the right to examine any directly pertinent books and other
records involving transactions related to this Agreement. In the event of an audit, Recipient
shall maintain all required records until the audit is completed and all questions are resolved.
Recipient will provide proper facilities for access to and inspection of all required records.
(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this
Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient
has spent funds for purposes other than as provided for herein; (2) Recipient has failed to
perform a continuing obligation of this Agreement; (3) Recipient has received duplicate
funds from the Council for the same purpose; and/or (4) Recipient has received more than
one hundred percent (100%) contributions through cumulative public agency cost -share
funding.
(c) Florida Inspectors General. It is the duty of every state officer, employee, agency,
special district, board, commission, contractor, and subcontractor to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing pursuant to
this section.
15. BUY AMERICA BUILD AMERICA.
Funds provided under this agreement to the subrecipient may not be used for an infrastructure
project unless:
(a) all iron and steel used in the project are produced in the United States this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GL01-2309
(b) all manufactured products used in the project are produced in the United States this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined, produced, or manufactured
in the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard that meets or exceeds this standard has
been established under applicable law or regulation for determining the minimum
amount of domestic content of the manufactured product; and
all construction materials are manufactured in the United States this means that all
manufacturing processes for the construction material occurred in the United States. The
construction materials standards are listed below.
Incorporation into an infrastructure project. The Buy America Preference only applies to
articles, materials, and supplies that are consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion
of the infrastructure project. Nor does a Buy America Preference apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or
within the fmished infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Categorization of articles, materials, and supplies. An article, material, or supply should only
be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured
products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or
supply should not be considered to fall into multiple categories. In some cases, an article,
material, or supply may not fall under any of the categories listed in this paragraph. The
classification of an article, material, or supply as falling into one of the categories listed in this
paragraph must be made based on its status at the time it is brought to the work site for
incorporation into an infrastructure project. In general, the work site is the location of the
infrastructure project at which the iron, steel, manufactured products, and construction materials
will be incorporated.
Application of the Buy America Preference by category. An article, material, or supply
incorporated into an infrastructure project must meet the Buy America Preference for only the
single category in which it is classified.
Determining the cost of components for manufactured products. In determining whether the
cost of components for manufactured products is greater than 55 percent of the total cost of all
components, use the following instructions:
(a) For components purchased by the manufacturer, the acquisition cost, including
transportation costs to the place of incorporation into the manufactured product (whether
or not such costs are paid to a domestic firm), and any applicable duty (whether or not a
duty-free entry certificate is issued); or
(b) For components manufactured by the manufacturer, all costs associated with the
manufacture of the component, including transportation costs as described in paragraph
(a), plus allocable overhead costs, but excluding profit. Cost of components does not
include any costs associated with the manufacture of the manufactured product.
Construction material standards. The Buy America Preference applies to the following
construction materials incorporated into infrastructure projects. Each construction material is
followed by a standard for the material to be considered produced in the United States. Except as
specifically provided, only a single standard should be applied to a single construction material.
(a) Non-ferrous metals. All manufacturing processes, from initial smelting or melting
through final shaping, coating, and assembly, occurred in the United States.
(b) Plastic and polymer -based products. All manufacturing processes, from initial
combination of constituent plastic or polymer -based inputs, or, where applicable,
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GL01-2309
constituent composite materials, until the item is in its final form, occurred in the United
States.
(c) Glass. All manufacturing processes, from initial batching and melting of raw materials
through annealing, cooling, and cutting, occurred in the United States.
(d) Fiber optic cable (including drop cable). All manufacturing processes, from the initial
ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in
the United States. All manufacturing processes also include the standards for glass and
optical fiber, but not for non-ferrous metals, plastic and polymer -based products, or any
others.
(e) Optical fiber. All manufacturing processes, from the initial preform fabrication stage
through the completion of the draw, occurred in the United States.
(f) Lumber. All manufacturing processes, from initial debarking through treatment and
planning, occurred in the United States. '
(g) Drywall. All manufacturing processes, from initial blending of mined or synthetic
gypsum plaster and additives through cutting and drying of sandwiched panels, occurred
in the United States.
(h) Engineered wood. All manufacturing processes from the initial combination of
constituent materials until the wood product is in its final form, occurred in the United
States.
16. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin, age,
handicap, or marital status.
17. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency, the
Council achieves its mission through partnerships with state agencies, local governments, community
organizations, and others. The Council requires Recipient to acknowledge the Council when describing
this project or program funded in whole or in part with Council funds in any of the following products:
(1) press releases, speaking engagements, and other public statements; (2) publications and other
documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; (6) bid solicitations and/or
(7) social media.
18. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue,
discrepancy, or dispute involving performance of this Agreement by submitting a written statement
to the Council's Project Manager no later than ten (10) business days after the precipitating event. If
not resolved by the Project Manager, the Project Manager shall forward the request to the Council's
General Counsel, which shall issue a written decision within ten (10) business days of receipt. This
determination shall constitute final action of the Council and shall then be subject to judicial review
upon completion of the Project.
19. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the
performance of all cost-sharing agreements and encourages Recipient to make a good faith effort to
ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for
maximum participation as contractors. The Council will assist Recipient by sharing information on
W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for
all W/MBEs; (2) the type ofminority, and (3) the amounts spent with each during the invoicing period.
The report will also denote if there were no W/MBE expenditures.
20. ENTIRETY OF CONTRACTUAL AGREEMENT; AMENDMENT. The Council and the
Recipient agree that this Agreement (including all referenced documents, exhibits, attachments,
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Contract# IRL2024N-08
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etc.) sets forth the entire contract between the parties, and that there are no promises or
understandings other than those stated in these documents. None of the provisions, terms and
conditions contained in this Agreement may be added to, modified, or otherwise altered, except by
written instrument executed by the parties hereto. All attachments, exhibits, and other documents
referenced herein are hereby incorporated herein as if set forth in full.
21. E -VERIFY. Pursuant to Section 448.095(5), Florida Statutes, the Recipient shall:
(a) Register with and use the E -Verify system to verify the work authorization status of all
new employees and require all subcontractors (providing services or receiving funding
under this Agreement) to register with and use the E -Verify system to verify the work
authorization status of all the subcontractors' new employees;
(b) Secure an affidavit from all subcontractors (providing services or receiving funding under
this Agreement) stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien;
(c) Maintain copies of all subcontractor affidavits for the duration of this Agreement;
(d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095,
Florida Statutes;
(e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
(f) Be aware that if the Council terminates this Agreement under Section 448.095(5xc),
Florida Statutes, the Recipient may not be awarded a public contract for at least 1 year after
the date on which the Agreement is terminated and will be liable for any additional costs
incurred by the Recipient as a result of the termination of the Agreement.
22. FEDERAL FUNDING REQUIREMENTS. This Agreement is funded, in whole or in part, with
funds received by the Council from the National Oceanic and Atmospheric Administration Fisheries
Habitat Conservation Program Office (CFDA No. 11.463), through opportunity number NOAA-
NMFS-HCPO-2023-2008081. The amount of federal funds provided under this Agreement is
$1,073,506. Recipient as a sub -grantee of these federal funds, shall comply with the provisions of
Attachment "D," all terms and conditions referenced or set forth in Exhibit A (NOAA Notice of
NOAA Award), NOAA Administrative Order (202-735D) "Scientific Integrity," its Procedural
Handbook, including any amendments thereto, 2 C.F.R. § 200.327 and Appendix II (contract
provision), and any other applicable grant requirement and federal law, rule, regulation, term, or
condition.
23. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and shall
not be construed more strictly against one party than against the other because it may have been
drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal
proceedings arising from or related to this Agreement: (1) venue for any state or federal legal
proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees,
including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and
WAIVE THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
24. INDEPENDENT ENTITIES. The parties to this Agreement, their employees, and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of independent entities during and after the
term of this Agreement. Recipient is not a contractor of the Council. The Council is providing cost -
share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project.
Recipient is solely responsible for accomplishing the Project and directs the means and methods by
which the Project is accomplished. Recipient is solely responsible for compliance with all labor,
health insurance, and tax laws pertaining to Recipient, its officers, agents, and employees.
25. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the Council
has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the
business of Recipient to be conducted hereby, and that no such person shall have any such interest
at any time during the term of this Agreement.
26. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the Council under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
27. PERMITS. Recipient shall comply with all applicable federal, state, and local laws and regulations
in implementing the Project and shall include this requirement in all subcontracts pertaining to the
Project. Recipient shall obtain any and all governmental permits necessary to implement the Project.
Any activity not properly permitted prior to implementation or completed without proper permits does
not comply with this Agreement and shall not be approved for cost- share funding.
28. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO ($35,000) for a period of 36
months following the date of being placed on the convicted vendor
list.
29. PUBLIC RECORDS.
(a) Records of Recipient that are made or received in the course of performance of the Project
may be public records that are subject to the requirements of chapter 119, Fla. Stat. If
Recipient receives a public records request, Recipient shall promptly notify the Council's
Project Manager. Each party reserves the right to cancel this Agreement for refusal by the
other party to allow public access to all documents, papers, letters, or other material related
hereto and subject to the provisions of chapter 119, Fla. Stat., as amended.
Page 10
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE COUNCIL'S
CUSTODIAN OF PUBLIC RECORDS AT (772) 216-71489
KOLODNYna,IRLCOUNCIL.ORG, 1235 MAIN STREET,
SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the Project.
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law.
(e) Recipient shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the Council.
(f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service. If the Recipient transfers all public records to the Council upon
completion of the contract, the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Recipient keeps and maintains public records upon completion of the contract, the Recipient
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Council, upon request from the Council's custodian of
public records, in a format that is compatible with the information technology systems of the
Council.
30. SCRUTINIZED COMPANIES. Recipient certifies that its subcontractors are not on the
Scrutinized Companies that Boycott Israel List and are not engaged a boycott of Israel. If this
Agreement is for goods and services in the amount of $1 million or more, Recipient also certifies
that its subcontractors are not on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in Iran Terrorism Sectors List and do not have business
operations in Cuba or Syria. Pursuant to section 287.135, Florida Statutes, the Council may
immediately terminate this Agreement at its sole option if the Recipient or any of its subcontractors
are found to have submitted a false certification; or if any of the Recipient's subcontractors, are
placed on the Scrutinized Companies that Boycott Israel List or are engaged in a boycott of Israel,
are placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in Iran Terrorism Sectors List, or have business operations in Cuba or Syria during
the term of this Agreement.
The Recipient agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under this Agreement. The Recipient agrees that the certifications in this
section shall be effective and relied upon by the Council for the term of this Agreement, including
any and all renewals. The Recipient agrees that if any of its subcontractors' status changes in regards
Page 11
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
to any certification herein, the Recipient shall immediately notify the Council of the same. As
provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize any of the
above -stated contracting prohibitions then the applicable prohibitions shall become inoperative.
31. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the Council harmless from loss to the extent
allowed by Florida law.
32. SEVERABILITY; SURVIVABILITY; WAIVER
a. If any term or provision of the Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of the
Agreement, or the application of such terms or provision, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of the Agreement shall be deemed valid and enforceable to the
extent permitted by law.
b. Any provision of the Agreement which is of a continuing nature or imposes an obligation
which extends beyond the term of the Agreement shall survive its expiration or earlier
termination.
c. Failure of either party to enforce or exercise any right(s) under this Agreement shall not be
deemed a waiver of either party's right to enforce or exercise said right(s) at any time
thereafter.
33. SIGNAGE. The Recipient is responsible for constructing, erecting, and maintaining in good
condition throughout the construction period a sign(s) satisfactory to NOAA that identifies the
project(s) and indicates that the project is Federally funded by the Bi -Partisan Infrastructure Law,
and/or the Inflation Reduction Act (IRA). NOAA may require that the recipient maintain a
permanent plaque or sign at the project site with the same or similar information. The temporary
and permanent proposed signage implementation plans must be submitted to and approved by
NOAA prior to installation.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS.]
Page 12
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
IN WITNESS WHEREOF, the Parties have executed on the day and year written below. This
Agreement may be executed in separate counterparts, which shall not affect its validity.
IRL COUNCIL
By:
Duane E. De Freese, Ph.D., Executive Director
Date:
APPROVED BY THE IRL
GENERAL COUNSEL
Glen J. Torcivia, General Counsel
ATTACHMENTS
INDIAN RIVER COUNTY
Attest:
Attachment A — Statement of Work
Attachment B — Council Supplemental Instruction Form
Attachment C — Volunteer Sign-up Sheet
Attachment D — Terms and Conditions for Subawards
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
By:
4 Deputy Clerk
Page 13
'3,
iAPPPtOVED AS TO FORM
ANb LINA4 SUFFICIENCY
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
ATTACHMENT A — STATEMENT OF WORK
I. PROJECT TITLE:
Transformational Habitat Restoration at Big Slough and Preachers Hole
II. INTRODUCTION/BACKGROUND:
The Indian River County seagrass project is designed to restore and enhance important seagrass
communities near the Sebastian Inlet and Pelican Island National Wildlife Refuge. The sites were
identified based on its proximity to the Sebastian Inlet, water quality and shelter from wave energy.
Both sites historically supported robust seagrass meadows but suffered extensive losses after
widespread algal blooms in 2011 and 2016. The sites now have consistently sufficient water quality
to support seagrass. Experts believe insufficient recruitment and the lack of a seed bank at the
project sites is the primary driver for the lack of seagrass cover.
This project will restore vital seagrass habitat lost at the two sites in proximity to Sebastian inlet
that functions as an important estuary to ocean corridor. Water clarity is consistently conducive for
seagrass survival at the sites. It is expected seeds and fragments generated from the project will
accelerate recruitment in adjacent areas of the Indian River Lagoon (IRL).
III. SITE PLANS AND DESIGNS:
PARTNER ROLES, EXPERIENCE and Specific Design Considerations:
Seagrass (SG)
• Sea & Shoreline (S&S) will utilize proven seagrass restoration design and installation at
both seagrass sites utilizing Halodule wrightii (e.g., density = planting units).
• Indian River County (IRC) and Sea & Shoreline (S&S) will conduct initial assessments
one-month post installation continuing to monitor per the approved NOAA monitoring
plan.
• Grow SAV' Herbivory Exclusion Devices will be placed temporarily for a period of 12
months on 10 -foot centers with 25 devices per acre.
Image 1. GrowSAV rm Herbivory Exclusion Devices deployed on 15 -foot centers in a cluster
of five marked with PVC poles.
Page 14
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
Big Slough
Restoration Site: Big Slough, Map site 7a (27.8179800, -80.432373°).) Sebastian Inlet.
Primary contact:
Melissa Meisenburg, Sr. Lagoon Environmental Specialist, IRC Parks and Conservation
Resources, IR County, 5500 77th Street Vero Beach, FL 32967
mmeisenburg@indianriver.gov (772) 559-5330
Big Slough (Indian River County, FL) is located three miles south of Sebastian Inlet on the
eastern side of the IRL surrounded by Melba Island and Pelican Island National Wildlife
Refuge (figure 1). The site's proximity to the inlet allows for improved water flow and water
quality needed for successful seagrass restoration projects. The natural islands adjacent to Big
Slough shelter the site from wave energy, reducing sediment transport and ultimately
improving seagrass establishment.
Design: Indian River County will work with Sea & Shoreline to cultivate, plant and maintain
12.8 acres of seagrass within Big Slough (Figure 2). The seagrass utilized in the project is a
pure strain cultivar of Halodule wrightii, originally collected from previous projects within
the IRL. Seagrass will be harvested from an upland nursery and packaged into Mechanical
Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in biodegradable
mesh containers containing 1-3 apical meristems and a proprietary blend of sediments
promoting seagrass growth. Peat pots are larger planting units containing up to 25 shoots,
pre -rooted in a 4"x4" biodegradable fabric pot.
Sixty-four thousand MPUs will be installed on three-foot centers across the site. 1,600 peat
pots will be installed in groups of five and planted below GrowSAVTM herbivory exclusion
devices. GrowSAVTM herbivory exclusion devices will be deployed in clusters of five placed
on 15 -foot centers for a total of 320 devices (Figure 3). The legs of the device bury in the
sediment anchoring and keeping it flush with the seafloor to prevent entrapment. Each cluster
will be staked with PVC pipe to mark its location. The exclusion devices will protect an area
of seven -square feet preventing grazing from herbivores and allowing the establishment of
the peat pots. Seagrass educational signage will be installed at the site to protect the newly
installed MPUs and educate users.
Maintenance: During GrowSAVTM deployment, monthly maintenance events will remove
drift algae and biofouling organisms from the exclusion devices to ensure ample light
penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the project site
after twelve months.
Page 15
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
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2. Preachers Hole
Restoration Site: Preachers Hole, Map site 7b (27.77705411, -80.424806°).) Sebastian Inlet.
Primary contact:
Melissa Meisenburg, Sr. Lagoon Environmental Specialist, IRC Parks and Conservation
Resources, IR County, 5500 77th Street Vero Beach, FL 32967
mmeisenburgCa,indianriver.gov (772) 559-5330
Preachers Hole (Indian River County, FL) is located approximately four miles south of the
Sebastian Inlet and a mile north of the Wabasso Causeway (Figure 5). It is located on the
eastern side of the IRL. As the name suggests, the area is protected on all sides by a series of
natural islands creating a cove. The natural islands adjacent to Preachers Hole restoration site
shelter the site from wave energy, reducing sediment transport and will allow for seagrass
establishment.
Design: The Preachers Hole project provides seagrass restoration for a total of 20 acres
(Figure 6). The Indian River County project will provide restoration for 10 acres within the
site. Portions of the remaining 10 -acre restoration project is funded by the Florida Fish and
Wildlife Foundation. Indian River County will work with Sea & Shoreline to cultivate, plant
and maintain 10 out of the 20 acres of seagrass within Preachers Hole. The seagrass utilized
in the project is a pure strain cultivar of Halodule wrightii, originally collected from previous
projects within the IRL. Seagrass will be harvested from an upland nursery and packaged into
Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in
biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of
sediments promoting seagrass growth. Peat pots are larger planting units that contain up to 25
shoots, pre -rooted in a 4"x4" biodegradable fabric pot.
Fifty thousand MPUs will be installed on three-foot centers across the site 10 -acre project
site. 1,250 peat pots will be installed in groups of five and planted below GrowSAVTM
Page 16
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
herbivory exclusion devices. GrowSAVTM herbivory exclusion devices will be deployed in
clusters of five placed on 15 -foot centers for a total of 250 devices (Figure 3). The legs of the
device bury in the sediment anchoring and keeping it flush with the seafloor to prevent
entrapment. Each cluster will be staked with PVC pipe to mark its location. The exclusion
devices will protect an area of seven -square feet preventing grazing from herbivores and
allowing the establishment of the peat pots. Seagrass educational signage will be installed at
the site to protect the newly installed MPUs and educate users.
Maintenance: During GrowSAVTM deployment, monthly maintenance events will remove
drift algae and biofouling organisms from the exclusion devices to ensure ample light
penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the project site
after twelve months.
IV. TASK IDENTIFICATION:
• Task 1. Permitting.
Sea and Shoreline will acquire the appropriate permits to do the restoration.
• Task 2. SAV Planting.
Sea and Shoreline will plant 22.8 acres of seagrass across the 2 sites identified above.
• Task 3. Maintenance.
Recipient during GrowSAVTM deployment, will conduct monthly maintenance events to
remove drift algae and biofouling organisms from the exclusion devices to ensure ample
light penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the
project site after twelve months.
Page 17
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IV. TASK IDENTIFICATION:
• Task 1. Permitting.
Sea and Shoreline will acquire the appropriate permits to do the restoration.
• Task 2. SAV Planting.
Sea and Shoreline will plant 22.8 acres of seagrass across the 2 sites identified above.
• Task 3. Maintenance.
Recipient during GrowSAVTM deployment, will conduct monthly maintenance events to
remove drift algae and biofouling organisms from the exclusion devices to ensure ample
light penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the
project site after twelve months.
Page 17
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
• Task 4. Monitoring.
Recipient will monitor seagrass within the project boundaries and elsewhere per the
NOAA approved Monitoring Plan and NOAA approved Data Management and Sharing
Plan (annually 2024-2027)
• Task 5. Reporting.
Recipient will prepare quarterly reports that include Council's Quarterly Report
Summary Cover Page and will submit an annual Project Report upon completion of
Tasks 1 - 4 above.
V. DELIVERABLES AND TIMEFRAMES:
• Task 1. Permitting.
Deliverable: Copies of all permits for the project
Due: With quarter report due on April 15, 2025.
• Task 2. SAV Planting.
Deliverable: Installation Report that includes photographs, sketches of sites, GPS
coordinates of materials placed, and photos of any community members deploying
restoration materials and volunteer logs.
Due: With annual report due October 15, 2025.
• Task 3. Maintenance.
Deliverable: Biannual Maintenance Reports that include dates of field work,
photographs of the work, and summary of activities per event.
Due: With October or September Annual Reports and April Quarter Reports.
• Task 4. Monitoring.
Deliverables: Monitoring Data will be entered quarterly into the NOAA approved
quarterly monitoring plan and data management sharing plan forms. Photographs of
monitoring activities and volunteer logs.
Due: With Quarterly Reports or Annual Reports on January 31, 2025; April 15, 2025;
July 31, 2025, October 15, 2025, January 31, 2026; April 30, 2026; July 31, 2026,
October 15, 2026, January 31, 2027; April 30, 2027; July 31, 2027, and September 30,
2027.
Task 5. Reporting.
Deliverable 1: Quarterly Reports that include Council's quarterly report summary
cover page. The Quarter Reports due on April 15 and Annual Reports due either
in October or the end of September will follow the NOAA Progress reporting as
shown in Exhibit B
Due: January 31, 2025; April 15, 2025; July 31, 2025, January 31, 2026; April 15,
2026; July 31, 2026, January 31, 2027; April 15, 2027; July 31, 2027,
Deliverable 2: Annual Project Reports summarizing all the prior task activities for
each year
Due: October 15, 2025; October 15, 2026; and September 30, 2027.
Page 18
VL BUDGET
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
Budget Justification — [Indian River County, Melissa Meisenburg]
TOTAL COST ALL YEARS: $1,073,506
YEAR 1
TOTAL COSTS: $595,690
SALARY ($0)
None
Total request: $0
FRINGE ($0)
None
TRAVEL ($0)
None
EQUIPMENT ($0)
None
SUPPLIES ($0)
None
CONTRACTUAL ($595,690)
A Contractual agreement with Sea & Shoreline, LLC to cultivate, grow out, and plant 22.8 acres of seagrass
across the 2 site locations. Herbivory exclusion devices will also be installed.
Sea & shoreline was chosen for multiple reasons to head up this contract as a sole source. In 2019-2020
discussions between Indian River County and many seagrass providers in the state was that sea & shoreline
was the only entity that could do a project of this scale. Indian River County was pursuing piggybacking on
procurement that FWC had done that resulted in contract awards with Sea & Shoreline. In addition, Sea &
shoreline had secured match funding from Florida Wildlife Foundation that was specific to the preacher's hole
location.
The contractual services for Year 1 cover the costs of permitting, the materials and labor needed to grow out
seagrass planting units, the fabrication of herbivory exclusion devices, and the installation of seagrass and
installation of the exclusion devices. Supplies required for plant grow out include the planting unit materials
(peat pots, fill material, plumbing supplies, shade covering, etc.). Equipment needed for installation includes
the use of vessels to access the planting sites, fuel & maintenance costs of those vessels, GPS units to
capture plant and herbivory exclusion device location, and markers to avoid navigational issues.
Plant grow out is estimated at $284,500 for 22.8 acres or 116,850 planting units.
Herbivory excluder fabrication is estimated at $152,575 for 570 excluder devices.
Installation expenses are estimated at $158,615.
OTHER COSTS ($0)
None
Page 19
TOTAL DIRECT COSTS ($595,690)
INDIRECT COSTS ($0)
Waived
YEAR 2
TOTAL COSTS: $354,524
SALARY ($0)
None
Total request: $0
FRINGE ($0)
None
TRAVEL ($0)
None
EQUIPMENT ($0)
None
SUPPLIES ($0)
None
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
CONTRACTUAL ($354,524)
A Contractual agreement with Sea & Shoreline, LLC to monitor both locations and to do monthly maintenance
on the herbivory exclusion devices.
This cost includes contractor personnel salary and fringe along with travel costs to perform monthly
maintenance, monitoring, and reporting at the 2 sites for a 12 -month period.
None
Waived
OTHER COSTS ($0)
TOTAL DIRECT COSTS ($354,524)
INDIRECT COSTS ($0)
Page 20
YEAR 3
TOTAL COSTS: $123,292
SALARY ($0)
None
FRINGE ($0)
None
TRAVEL ($0)
None
EQUIPMENT ($0)
None
SUPPLIES ($0)
None
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GL01-2309
CONTRACTUAL ($123,292)
A Contractual agreement with Sea & Shoreline, LLC to continue monitoring of the sites and produce reporting.
The contractual services for Year 3 cover the cost of monitoring that will occur once the maintenance portion
of the project is complete. Costs cover the staff costs, travel, and equipment that is associated with these
events. Equipment used for monitoring includes vessel use to access the project site, fuel and vessel
maintenance costs, GPS units, and data collectors for scientific monitoring.
None
Waived
OTHER COSTS ($0)
TOTAL DIRECT COSTS ($123,292)
INDIRECT COSTS ($0)
Page 21
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
ATTACHMENT TTACHMENT B — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS #
DATE:
1106
FROM: , Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work
as consistent with the Contract Documents and return to the Council's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved:
Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved:
Date:
(Contractor agrees to implement the Supplemental Instructions as requested but reserves the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved:
Acknowledged:
, Council Project Manager
, Council Contracts Administrator
cc: Contract/Purchasing file
Page 22
Date:
Date:
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
ATTACHMENT C
INDIAN RIVER COUNTY Volunteer Sign-up and Release of Liability Form
To be signed by all persons engaging in volunteer activities on the date of the activity
Date: , Project:
By my signature below, I acknowledge I am over the age of 18, and acknowledge and agree to the
following:
(1) I certify that I have no medical conditions or restrictions that would prohibit me from acting
as a volunteer. INDIAN RIVER COUNTY ("IRC") and the IRL Council ("COUNCIL") do
not assume any responsibility for evaluating my medical condition or determining my fitness
to perform volunteer activities. I must comply with all IRC and COUNCIL policies and
regulations, including safety guidelines.
(2) I am not a volunteer for the COUNCIL, and I am not an employee of IRC or the COUNCIL.
At all times I am acting as an unpaid, independent volunteer, and as such, am not entitled to
any provision of law regarding IRC or COUNCIL employment; nor any laws relating to
hours of work, rates of compensation, leave time or employee benefits.
(3) I recognize and understand that I am at all times responsible for my own safety and the safety
of others, and that in performing volunteer activities I may encounter natural or other hazards.
I assume the risk of any such hazards and recognize that I am responsible for staying alert as
to potential hazards and taking appropriate steps, including discontinuing any activities that
involve a risk of bodily harm.
(4) I understand that I am volunteering for a project under the sole operation and control of the
IRC. The Council is merely a funding entity and has no control over the conditions, tasks, or
methods by which the volunteer activities are conducted.
(4) I hereby hold and save IRC and the COUNCIL, its directors, officers, employees and
representatives, harmless from, and agree to indemnify same against, any and all claims and
losses that may be made by me or my heirs, spouse, or other persons, for personal injury, loss
of life, or property damage that may result from my participation as a volunteer. This waiver
and indemnity obligation include claims based upon my partial or sole negligence or that of
IRC and COUNCIL.
Page 23
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
IRC Volunteer Sign-up and Release of Liability Form —page two
NAME
ADDRESS
HOURS DATE(S)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
(signature)
(Address)
(hours) (dates)
(print name)
Page 24
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
INDIANRIVER COUNTY
Minor Volunteer Sign-up and Release of Liability Form
To be signed by a parent/natural guardian whose minor child is engaging in volunteer activities
on the date of the activity, excluding classroom volunteer activities
Date: ; Project:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU
ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A
POTENTIALLY DANGEROUS ACTIVITY. YOU ARE
AGREEING THAT, EVEN IF INDIAN RIVER COUNTY ("IRC")
AND THE IRL COUNCIL ("COUNCIL") USES REASONABLE
CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE
YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY
PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE
CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH
CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS
FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND
YOUR RIGHT TO RECOVER FROM IRC AND THE COUNCIL
IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE
THAT RESULTS FROM THE RISKS THAT ARE A NATURAL
PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO
REFUSE TO SIGN THIS FORM, AND IRC AND THE COUNCIL
HAS THE RIGHT TO REFUSE TO LET YOUR CHILD
PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
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By my signature below, I, , parent and natural guardian of
, acknowledge and agree to the following:
(1) I certify that my child has no medical conditions or restrictions that would prohibit him/her
from acting as a volunteer. IRC and the IRL Council ("COUNCIL") do not assume any
responsibility for evaluating his/her medical condition or determining his/her fitness to
perform volunteer activities. I understand my child is expected to comply with all IRC and
COUNCIL policies and regulations, including safety guidelines.
(2) I recognize that my child is not a volunteer for the COUNCIL and is not an employee of
IRC or the COUNCIL. At all times he/she is acting as an unpaid, independent volunteer,
and as such, is not entitled to any provision of law regarding IRC or COUNCIL
employment; nor any laws relating to hours of work, rates of compensation, leave time or
employee benefits.
(3) I recognize and understand that my child is at all times responsible for his/her own safety
and the safety of others, and that in performing volunteer activities he/she may encounter
natural or other hazards. I understand that I assume the risk of any such hazards and
recognize that my child is responsible for staying alert as to potential hazards and taking
appropriate steps, including discontinuing any activities that involve a risk of bodily harm.
(4) I am over the age of 18 and my child is under the age of 18. As parent/natural guardian of
my child, I hereby knowingly, freely, and voluntarily forever remise, release, acquit,
discharge and forever hold and save IRC and the COUNCIL, and each of their directors,
officers, employees, agents, contractors and representatives, harmless from, and agree to
indemnify same against, any and all claims and losses that may be made by me or my heirs,
spouse, or other persons, from all manner of actions, causes of action, suits, debts, dues,
sums of money, covenants, contracts, liability, judgments, executions, claims, costs,
attorney's fees, demands, damages, and liabilities, whatsoever, in law, equity, or otherwise,
including, but not limited to, personal injury, loss of life, or property damage that may result
from my child's participation as a volunteer including, but not limited to, providing
emergency services or emergency medical care. This waiver and indemnity obligation
include claims based upon my partial or sole negligence or that of IRC and the COUNCIL.
Nothing contained herein shall be construed or interpreted as a waiver of sovereign
immunity of the State of Florida.
Signature of Parent/Natural Guardian
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
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ATTACHMENT - D
TERMS AND CONDITIONS FOR SUBAWARDS
Effective November 2020
1.Introduction
This document sets out the standard terms and conditions (ST&Cs) applicable to this U.S.
Department of Commerce (DOC or Commerce) financial assistance award (hereinafter referred to
as the DOC ST&Cs or Standard Terms). A non -Federal entity receiving a DOC financial assistance
award must, in addition to the assurances made as part of the application, comply and require each
of its subrecipients, contractors, and subcontractors employed in the completion of the project to
comply with all applicable statutes, regulations, executive orders (E.O.$), Office of Management
and Budget (OMB) circulars, provisions of the OMB Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (codified at 2 C.F.R. Part 200) (OMB
Uniform Guidance), provisions of these Standard Terms, and any other terms and conditions
incorporated into this DOC financial assistance award.
This Agreement is a subaward as defined at 2 CFR 200.92. Pursuant to requirements of 2 CFR
200.331, Recipient acknowledges the following:
Federal Award Identification:
i. Recipient name: Indian River County
ii. Recipient unique entity identifier (DUNS#): 079208989
iii. Federal subaward Identification Number (FAIN): NA24NMFX463CO051-T1-01
iv. Federal subaward Date of subaward to IRL Council ("Council") by the Federal agency:
8/20/2024
V. Subaward Period of Performance Start and End Date: 10/1/2024 thru 9/30/2027
vi. Amount of Federal Funds Obligated by this action by Council to Recipient: $1,073,506
vii. Total Amount of Federal Funds Obligated to Recipient by Council including the current
obligation: $1,073,506
viii. Total Amount of the Federal subaward committed to the Recipient by Council:
$1,073,506
ix. Federal subaward project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): System -wide Habitat Restoration
Through an Integrated Community of Practice (CoP) for the Indian River Lagoon, FL
X. Name of Federal sub -awarding agency, pass-through entity, and contact information for
sub -awarding official of the pass-through entity:
a. Name of Federal sub -awarding agency: Department of Commerce
b. Pass-through entity: IRL Council
c. Pass-through entity contact information: Daniel Kolodny, 1235 Main St., Sebastian, Fl,
32958, (772) 216-7148, kolodnvQirlcouncil.org
xi. CFDA Number, Name, and amount of Federal subaward (total subaward to Council):
11.463 Habitat Conservation $9,398,412
xii. Award is not R&D
xiii. Council's indirect cost rate for the Federal subaward: 0%
Recipient and any sub -recipient must comply with the applicable DOC general terms and conditions
outlined below. Failure to comply with the general terms and conditions outlined below may result in
enforcement actions as outlined in 2 CFR 200.338 and 200.339.
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2.Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal subawards
This subaward is subject to the requirements of the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal subawards; Title 2 CFR Parts 200.
A. PROGRAMMATIC REQUIREMENTS
1. Reporting Requirements
a. Recipients must submit all reports as required by DOC, electronically or, if unable to
submit electronically, in hard copy, as outlined below and as may be supplemented by the
terms and conditions of a specific DOC award.
b. Performance (Technical) Reports. Recipients must submit performance (technical) reports
to the Program Officer. Performance (technical) reports should be submitted in the same
frequency as the Form SF -425 (Federal Financial Report), unless otherwise directed by
the Council or DOC Grants Officer.
1. Performance (technical) reports must contain the information prescribed in 2 C.F.R. §
200.329 (Monitoring and reporting program performance), unless otherwise specified
in the award conditions.
2. As appropriate and in accordance with the format provided by the Program Officer
(or other OMB -approved information collections, including the Research Program
Performance Report [RPPR] as adopted by DOC for use in research awards),
recipients are required to relate financial data to the performance accomplishments of
this Federal award. When applicable, recipients must also provide cost information to
demonstrate cost effective practices (e.g., through unit cost data). The recipient's
performance will be measured in a way that will help DOC to improve program
outcomes, share lessons learned, and spread the adoption of best or promising
practices. As described in 2 C.F.R. § 200.211 (Information contained in a Federal
award), DOC will identify the timing and scope of expected performance by the
recipient as related to the outcomes intended to be achieved by the Federal program.
3. Pass-through entities must submit a final performance report within 120 calendar days
after the expiration of the period of performance. The subrecipient is required to
submit its final performance report to the pass-through entity within 90 calendar
days unless an extension has been granted.
c. Financial Reports. In accordance with 2 C.F.R. § 200.328 (Financial reporting), the
recipient must submit a Form SF -425 (Federal Financial Report) or any successor form on
a semi-annual basis for the periods ending March 31 and September 30, or any portion
thereof, unless otherwise specified in a specific award condition. Reports must be
submitted to The Council who will submit to the DOC as directed by the Grants Officer,
in accordance with the award conditions and are due no later than 30 calendar days
following the end of each reporting period. Pass-through entities must submit a final Form
SF -425 within 120 calendar days after the expiration of the period of performance. The
subrecipient is required to submit its financial report to the pass-through entity
within 90 calendar days unless an extension has been granted. A recipient may submit
a final financial report in lieu of an interim financial report due at the end of the period of
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performance (e.g., in lieu of submitting a financial report for the last semi-annual or other
reporting under an award, a recipient may submit a final (cumulative) financial report
covering the entire award period).
d. Real Property, Tangible Personal Property and Intangible Property Reports and Requests
for Dispositions. Unless otherwise required by the terms and conditions of a DOC
financial assistance award, where real property, tangible personal property or intangible
property is acquired or improved (in the case of real property or tangible personal
property), or produced or acquired (in the case of intangible property), pursuant to a DOC
award, non -Federal entities are required to submit the following real property, tangible
personal property and intangible property reports (as appropriate):
Real Property Status Reports and Requests for Dispositions: Non -Federal entities
must submit reports using Form SF -429 (Real Property Status Report) or any
successor form, including appropriate attachments thereto, at least annually disclosing
the status of real property that is Federally -owned property or real property in which
the Federal Government retains a Federal Interest, unless the Federal Interest in the
real property extends 15 years or longer. In cases where the Federal Interest attached
is for a period of 15 years or more, the DOC or pass-through entity, at its option, may
require the non -Federal entity to report at various multi-year frequencies (e.g., every
two years or every three years, not to exceed a five-year reporting period; or, the
DOC or pass-through entity may require annual reporting for the first three years of a
Federal award and thereafter require reporting every five years). In addition, DOC or
a pass-through entity may require a non -Federal entity to submit Form SF -429, with
appropriate attachments, relating to a non -Federal entity's request to acquire, improve
or contribute real property under a DOC financial assistance award. Non -Federal
entities wishing to dispose of real property acquired or improved, in whole or in part,
pursuant to a DOC award must request disposition instructions, including the
submission of Form SF -429, with appropriate attachments, from the Grants Officer in
accordance with the requirements set forth in 2 C.F.R. § 200.311(c). See also the real
property standards set forth in Section C. of these Standard Terms (Property
Standards).
2. Tangible Personal Property Status Reports and Requests for Dispositions: DOC or a
pass-through entity may also require a non -Federal entity to submit periodic reports
using Form SF -428 (Tangible Personal Property Report) or any successor form,
including appropriate attachments thereto, concerning tangible personal property that
is Federally -owned or tangible personal property in which the Federal Government
retains an interest. In addition, DOC or a pass-through entity may require a non -
Federal entity to submit Form SF -428 in connection with a non -Federal entity's
request to dispose of tangible personal property acquired under a DOC financial
assistance award. Non -Federal entities wishing to dispose of tangible personal
property acquired or improved, in whole or in part, pursuant to a DOC award must
request disposition instructions, including the submission of Form SF -428, with
appropriate attachments, from the Grants Officer in accordance with the requirements
set forth in 2 C.F.R. § 200.313(e). See also the tangible property standards set forth in
Section C. of these Standard Terms (Property Standards).
3. Intangible Property Status Reports and Requests for Dispositions: The specific
requirements governing the development, reporting, and disposition of rights to
intangible property, including inventions and patents resulting from DOC awards, are
set forth in 37 C.F.R. Part 401, which is hereby incorporated by reference into this
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award. Non -Federal entities are required to submit their disclosures, elections, and
requests for waiver from any requirement for substantial U.S. manufacture,
electronically using the Interagency Edison extramural invention reporting system
(iEdison) at www.iedison.gov. Non -Federal entities may obtain a waiver of this
electronic submission requirement by providing to the Grants Officer compelling
reasons for allowing the submission of paper reports. When no longer needed for the
originally authorized purpose, disposition of the intangible property must occur in
accordance with the provisions in 2 C.F.R. § 200.313(e). See also the intangible
property standards set forth in Section C. of these Standard Terms (Property
Standards).
e. Subawards and Executive Compensation Reports. For reporting requirements on
subawards and Executive Compensation, see paragraph G.05.o of these Standard Terms
(The Federal Funding Accountability and Transparency Act (FFATA) (31 U.S.C. § 6101
note)).
f. Recipient Integrity and Performance Matters. For reporting requirements pertaining to
integrity and performance matters, see paragraph G.05.p of these Standard Terms
(Recipient Integrity and Performance Matters (Appendix XII to 2 C.F.R. Part 200)).
g. Research Performance Progress Reports. This section does not apply to this award.
2. Revisions of Program Plans
In accordance with 2 C.F.R. § 200.308 (Revision of budget and program plans) and 2 C.F.R. §
200.407 (Prior written approval (prior approval)), the pass-through entity must obtain prior
written approval from the DOC Grants Officer for certain proposed programmatic change
requests, unless otherwise provided by the terms and conditions of a DOC award. Requests
for prior approval for changes to program plans must be submitted to the Pass-through entity
Project Manager. The pass-through entity will then send the request to the Federal Program
Officer (or electronically for awards administered through Grants Online). Requests requiring
prior DOC approval are not effective unless and until approved in writing by the DOC Grants
Officer.
3. Other Federal Awards with Similar Programmatic Activities
The subrecipient must immediately provide written notification to the pass-through entity
Project Manager. The pass-through entity will then send the notification to the DOC Program
Officer and the DOC Grants Officer if, subsequent to receipt of the DOC award, other
financial assistance is received to support or fund any portion of the scope of work
incorporated into the DOC award. DOC will not pay for costs that are funded by other
sources.
4. Prohibition against Assignment by a Non -Federal Entity
A non -Federal entity must not transfer, pledge, mortgage, assign, encumber or hypothecate a
DOC financial assistance award or subaward, or any rights to, interests therein or claims
arising thereunder, to any party or parties, including but not limited to banks, trust companies,
other financing or financial institutions, or any other public or private organizations or
individuals without the express prior written approval of the DOC Grants Officer or the pass-
through entity (which, in turn, may need to obtain prior approval from the DOC Grants
Officer).
5. Disclaimer Provisions
a. The United States expressly disclaims all responsibility or liability to the non -Federal
entity or third persons (including but not limited to contractors) for the actions of the non -
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Federal entity or third persons resulting in death, bodily injury, property damages, or any
other losses resulting in any way from the performance of this award or any subaward,
contract, or subcontract under this award.
b. The acceptance of this award or any subaward by the non -Federal entity does not in any
way constitute an agency relationship between the United States and the non -Federal
entity or the non -Federal entity's contractors or subcontractors.
6. Unsatisfactory Performance or Non -Compliance with Award Provisions
a. Failure to perform the work in accordance with the terms of the award and maintain
satisfactory performance as determined by DOC may result in the imposition of additional
award conditions pursuant to 2 C.F.R. § 200.208 (Specific conditions) or other
appropriate enforcement action as specified in 2 C.F.R. § 200.339 (Remedies for
noncompliance).
b. Failure to comply with the provisions of an award will be considered grounds for
appropriate enforcement action pursuant to 2 C.F.R. § 200.339 (Remedies for
noncompliance), including but not limited to: the imposition of additional award
conditions in accordance with 2 C.F.R. § 200.208 (Specific conditions); temporarily
withholding award payments pending the correction of the deficiency; changing the
payment method to reimbursement only; the disallowance of award costs and the
establishment of an accounts receivable; wholly or partially suspending or terminating an
award; initiating suspension or debarment proceedings in accordance with 2 C.F.R. Parts
180 and 1326; and such other remedies as may be legally available.
c. 2 C.F.R. §§ 200.340 (Termination) through 200.343 (Effects of suspension and
termination) apply to an award that is terminated prior to the end of the period of
performance due to the non-federal entity's material failure to comply with the award
terms and conditions. In addition, the failure to comply with the provisions of a DOC
award may adversely impact the availability of funding under other active DOC or
Federal awards and may also have a negative impact on a non -Federal entity's eligibility
for future DOC or Federal awards.
B. FINANCIAL REQUIREMENTS
1. Financial Management
a. In accordance with 2 C.F.R. § 200.302(a) (Financial Management), each State must
expend and account for the Federal award in accordance with State laws and procedures
for expending and accounting for the State's own funds. In addition, the State's and any
other non -Federal entity's financial management systems, including records documenting
compliance with Federal statutes, regulations, and the terms and conditions of the Federal
award, must be sufficient to permit the preparation of reports required by general and
program -specific terms and conditions; and the tracing of funds to a level of expenditures
adequate to establish that such funds have been used in accordance with Federal statutes,
regulations, and the terms and conditions applicable to the Federal award. See also 2
C.F.R. § 200.450 (Lobbying) for additional management requirements to verify that
Federal funds are not used for unallowable lobbying costs.
b. The financial management system of each non -Federal entity must provide all information
required by 2 C.F.R. § 200.302(b). See also 2 C.F.R. §§ 200.334 (Retention requirements
for records); 200.335 (Requests for transfer of records); 200.336 (Methods for collection,
transmission and storage of information); 200.337 (Access to records); and 200.338
(Restrictions on public access to records).
2. Award Payments
a. Not applicable to subrecipients
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3. Federal and Non -Federal Sharing
a. Awards that include Federal and non -Federal sharing incorporate a budget consisting of
shared allowable costs If actual allowable costs are less than the total approved budget,
the Federal and non -Federal cost shares must be calculated by applying the approved
Federal and non -Federal cost share ratios to actual allowable costs. If actual allowable
costs exceed the total approved budget, the Federal share must not exceed the total
Federal dollar amount authorized by the award.
b. The non -Federal share, whether in cash or third -party in-kind contributions, is to be paid
out at the same general rate as the Federal share. Exceptions to this requirement may be
granted by the Grants Officer based on sufficient documentation demonstrating
previously determined plans for, or later commitment of, cash or third -party in-kind
contributions. In any case, the recipient must meet its cost share commitment as set forth
in the terms and conditions of the award; failure to do so may result in the assignment of
specific award conditions or other further action as specified in Standard Term A.06
(Unsatisfactory Performance or Non -Compliance with Award Provisions). The non -
Federal entity must create and maintain sufficient records justifying all non -Federal
sharing requirements to facilitate questions and audits; see Section D of these Standard
Terms (Audits), for audit requirements. See 2 C.F.R. § 200.306 for additional
requirements regarding cost sharing.
4. Budget Changes and Transfer of Funds among Categories
a. Subrecipients are required to report deviations from the approved award budget and
request prior written approval from the Council and DOC in accordance with 2 C.F.R. §
200.308 (Revision of budget and program plans) and 2 C.F.R. § 200.407 (Prior written
approval (prior approval)). Requests for such budget changes must be submitted to the
Grants Officer (or electronically for awards serviced through Grants Online) who will
notify the recipient of the final determination in writing. Requests requiring prior DOC
approval do not become effective unless and until approved in writing by the DOC Grants
Officer.
b. In accordance with 2 C.F.R. § 200.308(1), transfers of funds by the recipient among direct
cost categories are permitted for awards in which the Federal share of the project is equal
to or less than the simplified acquisition threshold. For awards in which the Federal share
of the project exceeds the simplified acquisition threshold, transfers of funds among direct
cost categories must be approved in writing by the Grants Officer when the cumulative
amount of such direct costs transfers exceeds 10 percent of the total budget as last
approved by the Grants Officer. The 10 percent threshold applies to the total Federal and
non -Federal funds authorized by the Grants Officer at the time of the transfer request.
This is the accumulated amount of Federal funding obligated to date by the Grants Officer
along with any non -Federal share. The same requirements apply to the cumulative amount
of transfer of funds among programs, functions, and activities. This transfer authority
does not authorize the recipient to create new budget categories within an approved
budget without Grants Officer approval. Any transfer that causes any Federal
appropriation, or part thereof, to be used for an unauthorized purpose is not and will not
be permitted. In addition, this provision does not prohibit the recipient from requesting
Grants Officer approval for revisions to the budget. See 2 C.F.R. § 200.308 (Revision of
budget and program plans) (as applicable) for specific requirements concerning budget
revisions and transfer of funds between budget categories.
5. Program Income
Unless otherwise indicated in the award terms, program income may be used for any
required cost sharing or added to the project budget, consistent with 2 C.F.R. § 200.307
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(Program income).
6. Indirect or Facilities and Administrative Costs
There is no approved federally recognized indirect cost rate negotiated between the
subrecipient and the Federal Government.
7. Incurring Costs or Obligating Federal Funds Before and After the Period of
Performance
a. In accordance with 2 C.F.R. § 200.309 (Modifications to Period of Performance) and the
terms and conditions of a DOC award, a non -Federal entity may charge to the Federal
award only allowable costs incurred during the period of performance, which is
established in the award document. As defined at 2 C.F.R. § 200. 1, the "period of
performance" means the total estimated time interval between the start of an initial
Federal award and the planned end date, which may include one or more funded portions,
or budget periods. Identification of the Period of Performance in the Federal award per §
200.211(b)(5) does not commit the awarding agency to fund the award beyond the
currently approved budget period." The period of performance may sometimes be referred
to as the project period or award period. This Standard Term is subject to exceptions for
allowable costs pertaining to: (i) pre -award costs (see 2 C.F.R. § 200.458); (ii) publication
and printing costs (see 2 C.F.R. § 200.461); and administrative costs incurred relating to
the close-out of an award (see 2 C.F.R. § 200.344).
b. Reasonable, necessary, allowable and allocable administrative award closeout costs are
authorized for a period of up to 120 calendar days following the end of the period of
performance. For this purpose, award closeout costs are those strictly associated with
close-out activities and are typically limited to the preparation of final progress, financial,
and required project audit reports, unless otherwise approved in writing by the Grants
Officer. A non -Federal entity may request an extension of the 120 -day closeout period, as
provided in 2 C.F.R. § 200.344 (Closeout).
c. Unless authorized by a specific award condition, any extension of the period of
performance may only be authorized by the Grants Officer in writing. This is not a
delegable authority. Verbal or written assurances of funding from anyone other than the
Grants Officer does not constitute authority to obligate funds for programmatic activities
beyond the end of the period of performance.
d. The DOC has no obligation to provide any additional prospective funding. Any
amendment of the award to increase funding and to extend the period of performance is at
the sole discretion of DOC.
& Tax Refunds
The non -Federal entity shall contact the Council Grants Officer immediately upon receipt of
the refund of any taxes, including but not limited to Federal Insurance Contributions Act
(FICA) taxes, Federal Unemployment Tax Act (FUTA) taxes, or Value Added Taxes (VAT)
that were allowed as charges to a DOC award, regardless of whether such refunds are received
by the non -Federal entity during or after the period of performance. The Grants Officer will
provide written disposition instructions to the non -Federal entity, which may include the
refunded taxes being credited to the award as either a cost reduction or a cash refund, or may
allow the non -Federal entity to use such refunds for approved activities and costs under a
DOC award. See 2 C.F.R. § 200.470 (Taxes (including Value Added Tax)).
9. Internal Controls
Each recipient must comply with standards for internal controls described at 2 C.F.R. §
200.303 (Internal controls). The "Standards for Internal Control in the Federal Government'
issued by the Comptroller General of the United States referenced in § 200.303 are available
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online at http://www.gao.gov/assets/80/76455.pdf and the "Internal Control Integrated
Framework" issued by the Committee of Sponsoring Organizations of the Treadway
Commission (COSO) is available online at Internal Control Guidance.
C. PROPERTY STANDARDS
1. Standards
Each non -Federal entity must comply with the Property Standards set forth in 2 C.F.R. §§
200.310 (Insurance coverage) through 200.316 (Property trust relationship).
2. Real and Personal Property
a. In accordance with 2 C.F.R. § 200.316 (Property trust relationship), real property,
equipment, and other personal property acquired or improved with a Federal award must
be held in trust by the non -Federal entity as trustee for the beneficiaries of the project or
program under which the property was acquired or improved. This trust relationship
exists throughout the duration of the property's estimated useful life, as determined by the
Grants Officer in consultation with the Program Office, during which time the Federal
Government retains an undivided, equitable reversionary interest in the property (Federal
Interest). During the duration of the Federal Interest, the non -Federal entity must comply
with all use and disposition requirements and restrictions as set forth in 2 C.F.R. §§
200.310 (Insurance coverage) through 200.316 (Property trust relationship), as applicable,
and in the terms and conditions of the Federal award.
b. The Grants Officer may require a non -Federal entity to execute and to record (as
applicable) a statement of interest, financing statement (form UCC -1), lien, mortgage or
other public notice of record to indicate that real or personal property acquired or
improved in whole or in part with Federal funds is subject to the Federal Interest, and that
certain use and disposition requirements apply to the property. The statement of interest,
financing statement (Form UCC 1), lien, mortgage or other public notice must be
acceptable in form and substance to the DOC and must be placed on record in accordance
with applicable State and local law, with continuances re -filed as appropriate. In such
cases, the Grants Officer may further require the non -Federal entity to provide the DOC
with a written statement from a licensed attorney in the jurisdiction where the property is
located, certifying that the Federal Interest has been protected, as required under the
award and in accordance with applicable State and local law. The attorney's statement,
along with a copy of the instrument reflecting the recordation of the Federal Interest, must
be returned to the Grants Officer. Without releasing or excusing the non -Federal entity
from these obligations, the non -Federal entity, by execution of the financial assistance
award or by expending Federal financial assistance funds (in the case of a subrecipient),
authorizes the Grants Officer and/or program office to file such notices and continuations
as it determines to be necessary or convenient to disclose and protect the Federal Interest
in the property. The Grants Officer may elect not to release any or a portion of the Federal
award funds until the non -Federal entity has complied with this provision and any other
applicable award terms or conditions, unless other arrangements satisfactory to the Grants
Officer are made.
3. Intellectual Property Rights
a. General. The rights to any work or other intangible property produced or acquired under a
Federal award are determined by 2 C.F.R. § 200.315 (Intangible property). The non -
Federal entity owns any work produced or purchased under a Federal award subject to the
DOC's royalty -free, nonexclusive, and irrevocable right to obtain, reproduce, publish, or
otherwise use the work or authorize others to receive, reproduce, publish, or otherwise use
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the work for Government purposes.
b. Inventions. Unless otherwise provided by law, the rights to any invention made by a non -
Federal entity under a DOC financial assistance award are determined by the Bayh-Dole
Act, Pub. L. No. 96-517, as amended, and as codified in 35 U.S.C. § 200 et seq., and
modified by E.O. 12591 (52 FR 13414), as amended by E.O. 12618 (52 FR 48661). 35
U.S.C. § 201(h) defines "small business firm" as "a small business concern as defined at
section 2 of Public Law 85-536 (15 U.S.C. 632) and implementing regulations of the
Administrator of the Small Business Administration." Section 1(bx4) of E.O. 12591
extended the Bayh-Dole Act to non -Federal entities "regardless of size" to the extent
permitted by law. The specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from Federal awards are described
in more detail in 37 C.F.R. Part 401, which implements 35 U.S.C. 202 through 204 and
includes standard patent rights clauses in 37 C.F.R. § 401.14, which is hereby
incorporated by reference into this award. The Bayh-Dole regulations set forth in 37
C.F.R. parts 401 and 404 were amended by 83 FR 15954, with an effective date of May
14, 2018 (Amended Bayh-Dole Regulations). The Amended Bayh-Dole Regulations
apply to all new financial assistance awards issued on or after May 14, 2018. The
Amended Bayh-Dole Regulations do not apply to financial assistance awards issued prior
to May 14, 2018, including amendments made to such awards, unless an award
amendment includes a specific condition incorporating the Amended Bayh-Dole
Regulations into the terms and conditions of the subject award.
1. Ownership. A non -Federal entity may have rights to inventions in accordance with 37
C.F.R. Part 401. These requirements are technical in nature and non -Federal entities are
encouraged to consult with their Intellectual Property counsel to ensure the proper
interpretation of and adherence to the ownership rules. Unresolved questions pertaining
to a non -Federal entities' ownership rights may further be addressed to the Grants
Officer.
2. Responsibilities - iEdison. The non -Federal entity must comply with all the
requirements of the standard patent rights clause and 37 C.F.R. Part 401, including the
standard patent rights clause in 37 C.F.R. § 401.14. Non -Federal entities are required to
submit their disclosures, elections, and requests for waiver from any requirement for
substantial U.S. manufacture, electronically using the Interagency Edison extramural
invention reporting system (iEdison) at www.iedison.gov. Non -Federal entities may
obtain a waiver of this electronic submission requirement by providing the Grants
Officer with compelling reasons for allowing the submission of paper reports.
c. Patent Notification Procedures. Pursuant to E.O. 12889 (58 FR 69681), the DOC is
required to notify the owner of any valid patent covering technology whenever the DOC
or a non -Federal entity, without making a patent search, knows (or has demonstrable
reasonable grounds to know) that technology covered by a valid United States patent has
been or will be used without a license from the owner. To ensure proper notification, if
the non -Federal entity uses or has used patented technology under this award without a
license or permission from the owner, the non -Federal entity must notify the Grants
Officer.
This notice does not constitute authorization or consent by the Government to any
copyright or patent infringement occurring under the award.
d. A non -Federal entity may copyright any work produced under a Federal award, subject to
the DOC's royalty -free, non-exclusive, and irrevocable right to obtain, reproduce,
publish, or otherwise use the work, or authorize others to do so for Government purposes.
Works jointly authored by DOC and non -Federal entity employees may be copyrighted,
but only the part of such works authored by the non -Federal entity is protectable in the
United States because, under 17 U.S.C. § 105, copyright protection is not available within
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the United States for any work of the United States Government. On occasion and as
permitted under 17 U.S.C. § 105, DOC may require the non -Federal entity to transfer to
DOC a copyright in a particular work for Government purposes or when DOC is
undertaking primary dissemination of the work.
e. Freedom of Information Act (FOIA). In response to a FOIA request for research data
relating to published research findings (as defined by 2 C.F.R. § 200.315(e)(2)) produced
under a Federal award that were used by the Federal government in developing an agency
action that has the force and effect of law, the DOC will request, and the non -Federal
entity must provide, within a reasonable time, the research data so that they can be made
available to the public through the procedures established under the FOIA.
D. AUDITS
Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3, §§ 1 et seq., an audit of
the award may be conducted at any time. The Inspector General of the DOC, or any of his or her
duly authorized representatives, must have the right to access any pertinent books, documents,
papers, and records of the non -Federal entity, whether written, printed, recorded, produced, or
reproduced by any electronic, mechanical, magnetic, or other process or medium, to make audits,
inspections, excerpts, transcripts, or other examinations as authorized by law. This right also
includes timely and reasonable access to the non -Federal entity's personnel for interview and
discussion related to such documents. See 2 C.F.R. § 200.337 (Access to records). When the DOC
Office of Inspector General (OIG) requires a program audit on a DOC award, the OIG will
usually make the arrangements to audit the award, whether the audit is performed by OIG
personnel, an independent accountant under contract with DOC, or any other Federal, State, or
local audit entity.
1. Organization -Wide, Program -Specific, and Project Audits
a. A subrecipient must, within 60 days of the end of its fiscal year, notify the Council Grants
Officer if the organization is subject to the provisions of Subpart F of 2 C.F.R. Part 200.
b. Subrecipients that are subject to the provisions of Subpart F of 2 C.F.R. Part 200 and that
expend $750,000 or more in a year in Federal awards during their fiscal year must have
an audit conducted for that year in accordance with the requirements contained in Subpart
F of 2 C.F.R. Part 200. Within the earlier of 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, unless a different period is
specified in a program -specific audit guide, a copy of the audit must be submitted
electronically to the Federal Audit Clearinghouse (FAC) through the FAC's Internet Data
Entry System (IDES) (https://harvester.census.gov/facides/). In accordance with 2 C.F.R.
§ 200.425 (Audit services), the subrecipient may include a line item in the budget for the
allowable costs associated with the audit, which is subject to the approval of the Grants
Officer.
c. Unless otherwise specified in the terms and conditions of the award, entities that are not
subject to Subpart F of 2 C.F.R. Part 200 (e.g., for-profit entities, foreign public entities
and foreign organizations) and that expend $750,000 or more in DOC funds during their
fiscal year (including both as a recipient and a subrecipient) must submit to the Grants
Officer either: (i) a financial related audit of each DOC award or subaward in accordance
with Generally Accepted Government Auditing Standards (GAGAS); or (ii) a project
specific audit for each award or subaward in accordance with the requirements contained
in 2 C.F.R. § 200.507. Within the earlier of 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, unless a different period is
specified in a program -specific audit guide, a copy of the audit must be submitted to the
Grants Officer. In accordance with 2 C.F.R. § 200.425, the recipient may include a line
item in the budget for the allowable costs associated with the audit, which is subject to the
approval of the Grants Officer. Entities that are not subject to Subpart F of 2 C.F.R. Part
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200 and that expend less than $750,000 in DOC funds in a given fiscal year are not
required to submit an audit(s) for that year, but must make their award -related records
available to DOC or other designated officials for review and audit.
d. Pass-through entities are responsible for compliance with the above audit requirements
and for informing the Grants Officer of the status of their audit, including when the
relevant audit has been completed and submitted in accordance with the requirements of
this section. Failure to provide audit reports within the timeframes specified above may
result in appropriate enforcement action, up to and including termination of the award,
and may jeopardize eligibility for receiving future DOC awards.
e. In accordance with 2 C.F.R. § 200.332(d)(3), pass-through entities are responsible for
issuing a management decision for applicable audit findings pertaining only to the
Federal award provided by the pass-through entity to a subrecipient.
E. DEBTS
This section does not apply to subrecipients.
F. CONFLICT OF INTEREST, CODE OF CONDUCT AND OTHER REQUIREMENTS
PERTAINING TO DOC FINANCIAL ASSISTANCE AWARDS, INCLUDING SUBAWARD
AND PROCUREMENT ACTIONS
1. Conflict of Interest and Code of Conduct
a. DOC Conflict of Interest Policy. In accordance with 2 C.F.R. § 200.112 (Conflict of
interest), the non -Federal entity must disclose in writing any potential conflict of
interest to the DOC or pass-through entity. In addition, a non -Federal entity will
establish and maintain written standards of conduct that include safeguards to prohibit
employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or personal gain in the
administration of an award. It is the DOC's policy to maintain the highest standards of
conduct and to prevent real or apparent conflicts of interest in connection with DOC
financial assistance awards.
b. A conflict of interest generally exists when an interested party participates in a matter that
has a direct and predictable effect on the interested party's personal or financial interests.
A financial interest may include employment, stock ownership, a creditor or debtor
relationship, or prospective employment with the organization selected or to be selected
for a subaward. A conflict also may exist where there is an appearance that an interested
party's objectivity in performing his or her responsibilities under the project is impaired.
For example, an appearance of impairment of objectivity may result from an
organizational conflict where, because of other activities or relationships with other
persons or entities, an interested party is unable to render impartial assistance, services or
advice to the recipient, a participant in the project or to the Federal Government.
Additionally, a conflict of interest may result from non-financial gain to an interested
party, such as benefit to reputation or prestige in a professional field. For purposes of the
DOC Conflict of Interest Policy, an interested party includes, but is not necessarily
limited to, any officer, employee or member of the board of directors or other governing
board of a non -Federal entity, including any other parties that advise, approve,
recommend, or otherwise participate in the business decisions of the recipient, such as
agents, advisors, consultants, attorneys, accountants or shareholders. This also includes
immediate family and other persons directly connected to the interested party by law or
through a business arrangement.
c. Procurement -related conflict of interest. In accordance with 2 C.F.R. § 200.318 (General
procurement standards), non -Federal entities must maintain written standards of conduct
covering conflicts of interest and governing the performance of their employees engaged
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in the selection, award, and administration of contracts. See paragraph F.04 of these
Standard Terms (Requirements for Procurements).
2. Non -procurement Debarment and Suspension
Non -Federal entities must comply with the provisions of 2 C.F.R. Part 1326 (Non -
procurement Debarment and Suspension), which generally prohibit entities that have been
debarred, suspended, or voluntarily excluded from participating in Federal non -procurement
transactions either through primary or lower tier covered transactions, and which set forth the
responsibilities of recipients of Federal financial assistance regarding transactions with other
persons, including subrecipients and contractors.
3. Requirements for Subawards
a. The recipient or pass-through entity must require all subrecipients, including lower tier
subrecipients, to comply with the terms and conditions of a DOC financial assistance
award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part
200), and all associated Terms and Conditions set forth herein. See 2 C.F.R. §
200.101(b)(2) (Applicability to different types of Federal awards), which describes the
applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§ 200.331-333
(Subrecipient monitoring and management).
b. The recipient or pass-through entity may have more restrictive policies for the RTC
waived prior approvals (no -cost extensions, re -budgeting, etc.) for their subaward
recipients. Such restrictive policies must be addressed in their subaward agreements and
in accordance with §200.331.
4. Requirements for Procurements
a. States. Pursuant to 2 C.F.R. § 200.317 (Procurements by states), when procuring property
and services under this Federal award, a State must follow the same policies and
procedures it uses for procurements from its non -Federal funds. The State must comply
with 2 C.F.R. §§ 200.321 (Contracting with small and minority businesses, women's
business enterprises, and labor surplus area firms), 200.322 (Domestic preferences for
procurements), and 200.323 (Procurement of recovered materials), and ensure that every
purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327
(Contract provisions).
b. Other Non -Federal Entities. All other non -Federal entities, including subrecipients of a
State, must follow the procurement standards in 2 C.F.R. §§ 200.318 (General
procurement standards) through 200.327 (Contract provisions) which include the
requirement that non -Federal entities maintain written standards of conduct covering
conflicts of interest and governing the performance of their employees engaged in the
selection, award, and administration of contracts. No employee, officer, or agent may
participate in the selection, award, or administration of a contract supported by a Federal
award if he or she has a real or apparent conflict of interest.
5. Whistleblower Protections
This award is subject to the whistleblower protections afforded by 41 U.S.C. § 4712
(Enhancement of contractor protection from reprisal for disclosure of certain information),
which generally provide that an employee or contractor (including subcontractors and
personal services contractors) of a non -Federal entity may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing to a person or body information
that the employee reasonably believes is evidence of gross mismanagement of a Federal
award, subaward, or a contract under a Federal award or subaward, a gross waste of Federal
funds, an abuse of authority relating to a Federal award or subaward or contract under a
Federal award or subaward, a substantial and specific danger to public health or safety, or a
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violation of law, rule, or regulation related to a Federal award, subaward, or contract under a
Federal award or subaward. These persons or bodies include:
a. A Member of Congress or a representative of a committee of Congress.
b. An Inspector General.
c. The Government Accountability Office.
d. A Federal employee responsible for contract or grant oversight or management at the
relevant agency.
e. An authorized official of the Department of Justice or other law enforcement agency.
f. A court or grand jury.
g. A management official or other employee of the contractor, subcontractor, or grantee who
has the responsibility to investigate, discover, or address misconduct.
Non -Federal entities and contractors under Federal awards and subawards must inform their
employees in writing of the rights and remedies provided under 41 U.S.C. § 4712, in the
predominant native language of the workforce.
6. Small Businesses, Minority Business Enterprises and Women's Business Enterprises
In accordance with 2 C.F.R. § 200.321 (Contracting with small and minority businesses,
women's business enterprises, and labor surplus area firms), the recipient must take all
necessary affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used when possible. DOC encourages non -Federal entities to
use small businesses, minority business enterprises and women's business enterprises in
contracts under financial assistance awards. The Minority Business Development Agency
within the DOC will assist non -Federal entities in matching qualified minority business
enterprises with contract opportunities. For further information visit MBDA's website at
htta://www.mbda.gov. If you do not have access to the Internet, you may contact MBDA via
telephone or mail:
U.S. Department of Commerce
Minority Business Development Agency
Herbert C. Hoover Building
14th Street and Constitution Avenue, N.W.
Washington, D.C. 20230 (202) 482-0101.
G. NATIONAL POLICY REQUIREMENTS
1. United States Laws and Regulations
This award is subject to the laws and regulations of the United States. The recipient must
comply with all applicable requirements of all other Federal laws, executive orders,
regulations and policies governing this program.
2. Non -Discrimination Requirements
No person in the United States may, on the ground of race, color, national origin, handicap,
age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject
to discrimination under, any program or activity receiving Federal financial assistance. The
recipient agrees to comply with the non-discrimination requirements below:
a. Statutory Provisions
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and DOC
implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on
the grounds of race, color, or national origin under programs or activities receiving
Federal financial assistance;
2. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibiting
discrimination on the basis of sex under Federally assisted education programs or
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activities;
3. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 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;
4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC
implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on
the basis of handicap under any program or activity receiving or benefiting from
Federal assistance.
For purposes of complying with the accessibility standards set forth in 15 C.F.R. §
8b. 18(c), non-federal entities must adhere to the regulations, published by the U.S.
Department of Justice, implementing Title I1 of the Americans with Disabilities Act
(ADA) (28 C.F.R. part 35; 75 FR 56164, as amended by 76 FR 13285) and Title III of
the ADA (28 C.F.R. part 36; 75 FR 56164, as amended by 76 FR 13286). The revised
regulations adopted new enforceable accessibility standards called the "2010 ADA
Standards for Accessible Design" (20 10 Standards), which replace and supersede the
former Uniform Federal Accessibility Standards for new construction and alteration
projects;
5. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting
discrimination on the basis of age in programs or activities receiving Federal financial
assistance; and
6. Any other applicable non-discrimination law(s).
b. Other Provisions
1. Parts II and III of E.O. 11246 (Equal Employment Opportunity, 30 FR 12319),3 which
requires Federally assisted construction contracts to include the nondiscrimination
provisions of §§ 202 and 203 of E.O. 11246 and Department of Labor regulations
implementing E.O. 11246 (41 C.F.R. § 60-1.4(b)).3 as amended by E.O. 11375(32 FR
14303), E.O. 11478 (34 FR 12985), E.O. 12086 (43 FR 46501), E.O. 12107 (44 FR
1055), E.O. 13279 (1767 FR 77141), E.O. 13665 (79 FR 20749), and E.O. 13672 (79 FR
42971).
2. E.O. 13166 (65 FR 50121, Improving Access to Services for Persons with Limited
English Proficiency), requiring Federal agencies to examine the services provided,
identify any need for services to those with limited English proficiency (LEP), and
develop and implement a system to provide those services so LEP persons can have
meaningful access to them. The DOC issued policy guidance on March 24, 2003 (68 FR
14180) to articulate the Title VI prohibition against national origin discrimination
affecting LEP persons and to help ensure that non -Federal entities provide meaningful
access to their LEP applicants and beneficiaries.
3. In accordance with E.0 13798 and Office of Management and Budget, M-20-09 —
Guidance Regarding Federal Grants, states or other public grantees may not condition
sub -awards of Federal grant money in a manner that would disadvantage grant
applicants based on their religious character:
c. Title VII Exemption for Religious Organizations
Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., provides
that it is an unlawful employment practice for an employer to discharge any individual or
otherwise to discriminate against an individual with respect to compensation, terms,
conditions, or privileges of employment because of such individual's race, color, religion,
sex, or national origin. However, Title VII, 42 U.S.C. § 2000e -1(a), expressly exempts
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from the prohibition against discrimination based on religion, "a religious corporation,
association, educational institution, or society with respect to the employment of
individuals of a particular religion to perform work connected with the carrying on by
such corporation, association, educational institution, or society of its activities."
3. LOBBYING RESTRICTIONS
a. Statutory Provisions
Non -Federal entities must comply with 2 C.F.R. § 200.450 (Lobbying), which
incorporates the provisions of 31 U.S.C. § 1352; and OMB guidance and notices on
lobbying restrictions. In addition, non -Federal entities must comply with the DOC
regulations published at 15 C.F.R. Part 28, which implement the New Restrictions on
Lobbying. These provisions prohibit the use of Federal funds for lobbying the executive
or legislative branches of the Federal Government in connection with the award and
require the disclosure of the use of non -Federal funds for lobbying. Lobbying includes
attempting to improperly influence, meaning any influence that induces or tends to induce
a Federal employee or officer to give consideration or to act regarding a Federal award or
regulatory matter on any basis other than the merits of the matter, either directly or
indirectly. Costs incurred to improperly influence are unallowable. See 2 C.F.R. §
200.450(b) and (c).
b. Disclosure of Lobbying Activities
Any recipient that receives more than $100,000 in Federal funding and conducts lobbying
with non-federal funds relating to a covered Federal action must submit a completed
Form SF -LLL (Disclosure of Lobbying Activities). The Form SF -LLL must be submitted
within 30 calendar days following the end of the calendar quarter in which there occurs
any event that requires disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed. The recipient must submit
any required SF -LLL forms, including those received from subrecipients, contractors, and
subcontractors, to the Grants Officer.
4. Environmental Requirements
Environmental impacts must be considered by Federal decision makers in their decisions
whether or not to approve: (1) a proposal for Federal assistance; (2) the proposal with
mitigation; or (3) a different proposal having less adverse environmental impacts. Federal
environmental laws require that the funding agency initiate an early planning process that
considers potential impacts that projects funded with Federal assistance may have on the
environment. Each non -Federal entity must comply with all environmental standards, to
include those prescribed under the following statutes and E.O.s and must identify to the
awarding agency any impact the award may have on the environment. In some cases, award
funds can be withheld by the Grants Officer under a specific award condition requiring the
non -Federal entity to submit additional environmental compliance information sufficient to
enable the DOC to make an assessment on any impacts that a project may have on the
environment.
a. The National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.)
The National Environmental Policy Act (NEPA) and the Council on Environmental
Quality (CEQ) implementing regulations (40 C.F.R. Parts 1500 through 1508) require that
an environmental analysis be completed for all major Federal actions to determine
whether they have significant impacts on the environment. NEPA applies to the actions of
Federal agencies and may include a Federal agency's decision to fund non -Federal
projects under grants and cooperative agreements when the award activities remain
subject to Federal authority and control. Non -Federal entities are required to identify to
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the awarding agency any direct, indirect or cumulative impact an award will have on the
quality of the human environment and assist the agency in complying with NEPA. Non -
Federal entities may also be requested to assist DOC in drafting an environmental
assessment or environmental impact statement if DOC determines such documentation is
required, but DOC remains responsible for the sufficiency and approval of the final
documentation. Until the appropriate NEPA documentation is complete and in the event
that any additional information is required during the period of performance to assess
project environmental impacts, funds can be withheld by the Grants Officer under a
specific award condition requiring the non -Federal entity to submit the appropriate
environmental information and NEPA documentation sufficient to enable DOC to make
an assessment on any impacts that a project may have on the environment.
b. The National Historic Preservation Act (16 U.S.C. §§ 470 et seq.)
Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. § 470f) and the
Advisory Council on Historic Preservation (ACNP) implementing regulations (36 C.F.R.
Part 800) require that Federal agencies take into account the effects of their undertakings
on historic properties and, when appropriate, provide the ACHP with a reasonable
opportunity to comment. Historic properties include but are not necessarily limited to
districts, buildings, structures, sites and objects. In this connection, archeological
resources and sites that may be of traditional religious and cultural importance to
Federally -recognized Indian Tribes, Alaskan Native Villages and Native Hawaiian
Organizations may be considered historic properties. Non -Federal entities are required to
identify to the awarding agency any effects the award may have on properties included on
or eligible for inclusion on the National Register of Historic Places. Non -Federal entities
may also be requested to assist DOC in consulting with State or Tribal Historic
Preservation Officers, ACHPs or other applicable interested parties necessary to identify,
assess, and resolve adverse effects to historic properties. Until such time as the
appropriate NHPA consultations and documentation are complete and in the event that
any additional information is required during the period of performance in order to assess
project impacts on historic properties, funds can be withheld by the Grants Officer under
a specific award condition requiring the non -Federal entity to submit any information
sufficient to enable DOC to make the requisite assessment under the NHPA. Additionally,
non -Federal entities are required to assist the DOC in assuring compliance with the
Archeological and Historic Preservation Act of 1974 (54 U.S.C. § 312502 et seq.,
formerly 16 U.S.C. § 469a-1 et seq.); Executive Order 11593 (Protection and
Enhancement of the Cultural Environment, May 13, 1971); Executive Order 13006
(Locating Federal Facilities on Historic Properties in Our Nation's Central Cities, May
21, 1996); and Executive Order 13007 (Indian Sacred Sites, May 24, 1996).
c. Executive Order 11988 (Floodplain Management) and Executive Order 11990
(Protection of Wetlands)
Non -Federal entities must identify proposed actions in Federally defined floodplains and
wetlands to enable DOC to decide whether there is an alternative to minimize any
potential harm.
d. Clean Air Act (42 U.S.C. §§ 7401 et seq.), Federal Water Pollution Control Act (33
U.S.C. §§ 1251 et seq.) (Clean Water Act), and Executive Order 11738 ("Providing
for administration of the Clean Air Act and the Federal Water Pollution Control Act
with respect to Federal contracts, grants or loans")
Non -Federal entities 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 E.O. 11738 (38 FR
25161), and must not use a facility on the Excluded Parties List (EPL) (located on the
System for Award Management (SAM) website, SAM.gov) in performing any award that
is nonexempt under 2 C.F.R. § 1532, and must notify the Program Officer in writing if it
intends to use a facility that is on the EPL or knows that the facility has been
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recommended to be placed on the EPL.
e. The Flood Disaster Protection Act (42 U.S.C. §§ 4002 et seq.)
Flood insurance, when available, is required for Federally assisted construction or
acquisition in flood -prone areas. Per 2 C.F.R. § 200.447(a), the cost of required flood
insurance is an allowable expense, if it is reflected in the approved project budget.
E The Endangered Species Act (16 U.S.C. §§ 1531 et seq.)
Non -Federal entities must identify any impact or activities that may involve a threatened
or endangered species. Federal agencies have the responsibility to ensure that no adverse
effects to a protected species or habitat occur from actions under Federal assistance
awards and conduct the reviews required under the Endangered Species Act, as
applicable.
g. The Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.)
Funded projects must be consistent with a coastal State's approved management program
for the coastal zone.
h. The Coastal Barriers Resources Act (16 U.S.C. §§ 3501 et seq.)
Only in certain circumstances can Federal funding be provided for actions within a
Coastal Barrier System.
i. The Wild and Scenic Rivers Act (16 U.S.C. §§ 1271 et seq.)
This Act applies to awards that may affect existing or proposed components of the
National Wild and Scenic Rivers system.
j. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. §§ 300f et seq.)
This Act precludes Federal assistance for any project that the EPA determines may
contaminate a sole source aquifer which threatens public health.
L The Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.)
This Act regulates the generation, transportation, treatment, and disposal of hazardous
wastes, and provides that non -Federal entities give preference in their procurement
programs to the purchase of recycled products pursuant to EPA guidelines.
1. The Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, commonly known as Superfund) (42 U.S.C. §§ 9601 et seq.) and the
Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note et seq.)
These requirements address responsibilities related to hazardous substance releases,
threatened releases and environmental cleanup. There are also reporting and community
involvement requirements designed to ensure disclosure of the release or disposal of
regulated substances and cleanup of hazards to state and local emergency responders.
m. Executive Order 12898 ("Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations")
Federal agencies are required to identify and address the disproportionately high and
adverse human health or environmental effects of Federal programs, policies, and
activities on low income and minority populations.
n. The Magnuson -Stevens Fishery Conservation and Management Act (16 U.S.C. §
1801 et seq.)
Non -Federal entities must identify to DOC any effects the award may have on essential
fish habitat (EFH). Federal agencies which fund, permit, or carry out activities that may
adversely impact EFH are required to consult with the National Marine Fisheries Service
(NMFS) regarding the potential effects of their actions and respond in writing to NMFS
recommendations. These recommendations may include measures to avoid, minimize,
mitigate, or otherwise offset adverse effects on EFH. In addition, NMFS is required to
comment on any state agency activities that would impact EFH. Provided the
specifications outlined in the regulations are met, EFH consultations will be incorporated
into interagency procedures previously established under NEPA, the ESA, Clean Water
Act, Fish and Wildlife Coordination Act, or other applicable statutes.
o. Clean Water Act (CWA) Section 404 (33 U.S.C. § 1344)
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CWA Section 404 regulates the discharge of dredged or fill material into waters of the
United States, including wetlands. Activities in waters of the United States regulated
under this program include fill for development, water resource projects (such as levees
and some coastal restoration activities), and infrastructure development (such as highways
and airports). CWA Section 404 requires a permit from the U.S. Army Corps of
Engineers before dredged or fill material may be discharged into waters of the United
States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and
forestry activities).
p. Rivers and Harbors Act (33 U.S.C. § 407)
A permit may be required from the U.S. Army Corps of Engineers if the proposed activity
involves any work in, over or under navigable waters of the United States. Recipients must
identify any work (including structures) that will occur in, over or under navigable waters
of the United States and obtain the appropriate permit, if applicable.
q. The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712), Bald and Golden Eagle
Protection Act (16 U.S.C. § 668 et seq.), and Executive Order 13186 (Responsibilities
of Federal Agencies to Protect Migratory Birds, January 10, 2001)
Many prohibitions and limitations apply to projects that adversely impact migratory birds
and bald and golden eagles. Executive Order 13186 directs Federal agencies to enter a
Memorandum of Understanding with the U.S. Fish and Wildlife Service to promote
conservation of migratory bird populations when a Federal action will have a measurable
negative impact on migratory birds.
r. Executive Order 13112 (Invasive Species, February 3, 1999)
Federal agencies must identify actions that may affect the status of invasive species and
use relevant programs and authorities to: (i) prevent the introduction of invasive species;
(ii) detect and respond rapidly to and control populations of such species in a cost-
effective and environmentally sound manner; (iii) monitor invasive species populations
accurately and reliably; (iv) provide for restoration of native species and habitat
conditions in ecosystems that have been invaded; (v) conduct research on invasive species
and develop technologies to prevent introduction and provide for environmentally sound
control of invasive species; and (vi) promote public education on invasive species and the
means to address them. In addition, an agency may not authorize, fund, or carry out
actions that it believes are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere.
s. Fish and Wildlife Coordination Act (16 U.S.C. § 661 et seq.)
During the planning of water resource development projects, agencies are required to give
fish and wildlife resources equal consideration with other values. Additionally, the U.S.
Fish and Wildlife Service and fish and wildlife agencies of states must be consulted
whenever waters of any stream or other body of water are "proposed or authorized,
permitted or licensed to be impounded, diverted... or otherwise controlled or modified"
by any agency under a Federal permit or license.
5. OTHER NATIONAL POLICY REQUIREMENTS
a. Buy -American Preferences
Strengthening Buy -American Preferences for Infrastructure Projects. Recipients of
covered programs (as defined in Executive Order 13858, 31 January 2019, and 2 C.F.R.
§200.322 (Domestic preferences for procurements)) are hereby notified that they are
encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel,
cement, and other manufactured products produced in the United States in every contract,
subcontract, purchase order, or subaward that is chargeable under this Award.
b. Criminal and Prohibited Activities
1. The Program Fraud Civil Remedies Act (31 U.S.C. § 3801 et seq.), provides for the
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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).
2. The False Claims Amendments Act of 1986 and the False Statements Accountability
Act of 1996 (18 U.S.C. §§ 287 and 1001, respectively), provide that whoever makes or
presents any false, fictitious, or fraudulent statement, representation, or claim against
the United States must be subject to imprisonment of not more than five years and must
be subject to a fine in the amount provided by 18 U.S.C. § 287.
3. The Civil False Claims Act (31 U.S.C. §§ 3729 - 3733), provides that suits can be
brought by the government, or a person on behalf of the government, for false claims
made under Federal assistance programs.
4. The Copeland Anti -Kickback Act (18 U.S.C. § 874), prohibits a person or organization
engaged in a Federally supported project from enticing an employee working on the
project from giving up a part of his compensation under an employment contract. The
Copeland Anti -Kickback Act also applies to contractors and subcontractors pursuant to
40 U.S.C. § 3145.
5. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. § 4601 et seq.) and implementing regulations issued at 15 C.F.R. Part
11, which provides for fair and equitable treatment of displaced persons or persons
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.
6. The Hatch Act (5 U.S.C. §§ 1501-1508 and 7321-7326), which limits the political
activities of employees or officers of state or local governments whose principal
employment activities are funded in whole or in part with Federal funds.
7. To ensure compliance with Federal law pertaining to financial assistance awards, an
authorized representative of a non -Federal entity may be required to periodically
provide certain certifications to the DOC regarding Federal felony and Federal criminal
tax convictions, unpaid federal tax assessments, delinquent Federal tax returns and such
other certifications that may be required by Federal law.
c. Drug -Free Workplace
The non -Federal entity must comply with the provisions of the Drug -Free Workplace Act
of 1988 (41 U.S.C. § 8102) and DOC implementing regulations published at 2 C.F.R. Part
1329 (Requirements for Drug -Free Workplace (Financial Assistance)), which require that
the non -Federal entity take certain actions to provide a drug-free workplace.
d. Foreign Travel
1. Each non -Federal entity must comply with the provisions of the Fly America Act (49
U.S.C. § 40118). The implementing regulations of the Fly America Act are found at 41
C.F.R. §§ 301-10.131 through 301-10.143.
2. The Fly America Act requires that Federal travelers and others performing U.S.
Government -financed air travel must use U.S. flag air carriers, to the extent that service
by such carriers is available. Foreign air carriers may be used only in specific instances,
such as when a U.S. flag air carrier is unavailable, or use of U.S. flag air carrier service
will not accomplish the agency's mission.
3. One exception to the requirement to fly U.S. flag carriers is transportation provided
under a bilateral or multilateral air transport agreement, to which the United States
Government and the government of a foreign country are parties, and which the
Department of Transportation has determined meets the requirements of the Fly
America Act pursuant to 49 U.S.C. § 40118(b). The United States Government has
entered into bilateral/multilateral "Open Skies Agreements" (U.S. Government
Procured Transportation) that allow federal funded transportation services for travel and
cargo movements to use foreign air carriers under certain circumstances. There are
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multiple "Open Skies Agreements" currently in effect. For more information about the
current bilateral and multilateral agreements, visit the GSA website. Information on the
Open Skies agreements (U.S. Government Procured Transportation) and other specific
country agreements may be accessed via the Department of State's website.
4. If a foreign air carrier is anticipated to be used for any portion of travel under a DOC
financial assistance award, the non -Federal entity must receive prior approval from the
Grants Officer. When requesting such approval, the non -Federal entity must provide a
justification in accordance with guidance provided by 41 C.F.R. § 301-10.142, which
requires the non -Federal entity to provide the Grants Officer with the following: name;
dates of travel; origin and destination of travel; detailed itinerary of travel; name of the
air carrier and flight number for each leg of the trip; and a statement explaining why the
non -Federal entity meets one of the exceptions to the regulations. If the use of a foreign
air carrier is pursuant to a bilateral agreement, the non -Federal entity must provide the
Grants Officer with a copy of the agreement or a citation to the official agreement
available on the GSA website. The Grants Officer must make the final determination
and notify the non -Federal entity in writing (which may be done through the pass-
through entity in the case of subrecipient travel). Failure to adhere to the provisions of
the Fly America Act will result in the non -Federal entity not being reimbursed for any
transportation costs for which any non -Federal entity improperly used a foreign air
carrier.
Note: When using code -sharing flights (two or more airlines having flight numbers
assigned to the same flight) involving U.S. flag carriers and non -U.S. flag carriers, the
airline symbol and flight number of the U.S. flag carrier must be used on the ticket to
qualify as a U.S. flag carrier (e.g. "Delta Airlines Flight A70LT,, operated by KLM").
Conversely, if the ticket shows "[Foreign Air Carrier] =, operated by Delta," that
travel is using a foreign air carrier and is subject to the Fly America Act and must
receive prior approval from the Grants Officer as outlined in paragraph G.05.d.4.
e. Increasing Seat Belt Use in the United States
Pursuant to E.O. 13043 (62 FR 19217), non -Federal entities should encourage
employees and contractors to enforce on-the-job seat belt policies and programs when
operating company-owned, rented, or personally owned vehicles.
E Federal Employee Expenses and Subawards or Contracts Issued to Federal
Employees or Agencies
1. Use of award funds (Federal or non -Federal) or the non -Federal entity's provision of
in-kind goods or services for the purposes of transportation, travel, or any other
expenses for any Federal employee may raise appropriation augmentation issues. In
addition, DOC policy may prohibit the acceptance of gifts, including travel payments
for federal employees, from non -Federal entities regardless of the source. Therefore,
before award funds may be used by Federal employees, non -Federal entities must
submit requests for approval of such action to the Federal Program Officer who must
review and make a recommendation to the Grants Officer. The Grants Officer will
notify the non -Federal entity in writing (generally through the pass-through entity) of
the final determination.
2. A non -Federal entity or its contractor may not issue a subaward, contract or subcontract
of any part of a DOC award to any agency or employee of DOC or to other Federal
employee, department, agency, or instrumentality, without the advance prior written
approval of the DOC Grants Officer.
g. Minority Serving Institutions Initiative
Pursuant to E.O.s 13555 (White House Initiative on Educational Excellence for
Hispanics) (75 FR 65417), 13592 (Improving American Indian and Alaska Native
Educational Opportunities and Strengthening Tribal Colleges and Universities) (76 FR
76603), and 13779 (White House Initiative to Promote Excellence and Innovation at
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Historically Black Colleges and Universities) (82 FR 12499), DOC is strongly committed
to broadening the participation of minority serving institutions (MSIs) in its financial
assistance programs. DOC's goals include achieving full participation of MSIs to advance
the development of human potential, strengthen the Nation's capacity to provide high-
quality education, and increase opportunities for MSIs to participate in and benefit from
Federal financial assistance programs. DOC encourages all applicants and non -Federal
entities to include meaningful participation of MSIs. Institutions eligible to be considered
MSIs are listed on the Department of Education website.
h. Research Misconduct
The DOC adopts, and applies to financial assistance awards for research, the Federal
Policy on Research Misconduct (Federal Policy) issued by the Executive Office of the
President's Office of Science and Technology Policy on December 6, 2000 (65 FR
76260). As provided for in the Federal Policy, research misconduct refers to the
fabrication, falsification, or plagiarism in proposing, performing, or reviewing research,
or in reporting research results. Research misconduct does not include honest errors or
differences of opinion. Non -Federal entities that conduct extramural research funded by
DOC must foster an atmosphere conducive to the responsible conduct of sponsored
research by safeguarding against and resolving allegations of research misconduct. Non -
Federal entities also have the primary responsibility to prevent, detect, and investigate
allegations of research misconduct and, for this purpose, may rely on their internal
policies and procedures, as appropriate, to do so. Non -Federal entities must notify the
Grants Officer of any allegation that meets the definition of research misconduct and
detail the entity's inquiry to determine whether there is sufficient evidence to proceed
with an investigation, as well as the results of any investigation. The DOC may take
appropriate administrative or enforcement action at any time under the award, up to and
including award termination and possible suspension or debarment, and referral to the
Commerce OIG, the U.S. Department of Justice, or other appropriate investigative body.
i. Research Involving Human Subjects
1. All proposed research involving human subjects must be conducted in accordance with
15 C.F.R. Part 27 (Protection of Human Subjects). No research involving human
subjects is permitted under this award unless expressly authorized by specific award
condition, or otherwise in writing by the Grants Officer.
2. Federal policy defines a human subject as a living individual about whom an
investigator (whether professional or student) conducting research (1) Obtains
information or biospecimens through intervention or interaction with the individual, and
uses, studies, or analyzes the information or biospecimens; or (2) Obtains, uses, studies,
analyzes, or generates identifiable private information or identifiable biospecimens.
Research means a systematic investigation, including research development, testing and
evaluation, designed to develop or contribute to generalizable knowledge.
3. DOC regulations at 15 C.F.R. Part 27 require that non -Federal entities maintain
appropriate policies and procedures for the protection of human subjects. In the event it
becomes evident that human subjects may be involved in this project, the non -Federal
entity (generally through the pass-through entity) must submit appropriate
documentation to the Federal Program Officer for approval by the appropriate DOC
officials. As applicable, this documentation must include:
i. Documentation establishing approval of an activity in the project by an Institutional
Review Board (IRB) under a Federal wide Assurance issued by Department of Health
and Human Services or other Federal agency guidelines (see also 15 C.F.R. § 27.103);
ii. Documentation to support an exemption for an activity in the project under 15 C.F.R.
§ 27.104(d); iii. Documentation of IRB approval of any modification to a prior
approved protocol or to an informed consent form;
iv. Documentation of an IRB approval of continuing review approved prior to the
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expiration date of the previous IRB determination; and
v. Documentation of any reportable events, such as serious adverse events,
unanticipated problems resulting in risk to subjects or others, and instances of
noncompliance.
4. No work involving human subjects may be undertaken, conducted, or costs incurred
and/or charged for human subjects research, until the appropriate documentation is
approved in writing by the Grants Officer. In accordance with 15 C.F.R. § 27.118, if
research involving human subjects is proposed after an award is made, the non -Federal
entity must contact the Federal Program Officer and provide required documentation.
Notwithstanding this prohibition, work may be initiated or costs incurred and/or
charged to the project for protocol or instrument development related to human subjects
research.
j. Care and Use of Live Vertebrate Animals
Non -Federal entities must comply with the Laboratory Animal Welfare Act of 1966, as
amended, (Pub. L. No. 89-544, 7 U.S.C. §§ 2131 et seq.) (animal acquisition, transport,
care, handling, and use in projects), and implementing regulations (9 C.F.R. 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 is 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 DOC
financial assistance award unless authorized by the Grants Officer.
k. Management and Access to Data and Publications
1. In General. The recipient acknowledges and understands that information and data
contained in applications for financial assistance, as well as information and data
contained in financial, performance and other reports submitted by recipients, may be
used by the DOC in conducting reviews and evaluations of its financial assistance
programs. For this purpose, recipient information and data may be accessed, reviewed,
and evaluated by DOC employees, other Federal employees, Federal agents and
contractors, and/or by non -Federal personnel, all of who enter into appropriate or are
otherwise subject to confidentiality and nondisclosure agreements covering the use of
such information. Recipients are expected to support program reviews and evaluations
by submitting required financial and performance information and data in an accurate
and timely manner, and by cooperating with DOC and external program evaluators. In
accordance with 2 C.F.R. § 200.303(e), recipients are reminded that they must take
reasonable measures to safeguard protected personally identifiable information and
other confidential or sensitive personal or business information created or obtained
relating to a DOC financial assistance award.
2. Scientific Data. Non -Federal entities must comply with the data management and
access to data requirements established by the DOC funding agency as set forth in the
applicable Notice of Funding Opportunity and/or in Specific Award Conditions.
3. Publications, Videos, and Acknowledgment of Sponsorship.
i. Publication of results or findings in appropriate professional journals and production
of video or other media is encouraged as an important method of recording, reporting,
and otherwise disseminating information and expanding public access to federally -
funded projects (e.g., scientific research). Non -Federal entities must comply with the
data management and access to data requirements established by theanfunding
DOCS ifi
agency as set forth in the applicable Notice of Funding Opportunity Pe
Award Conditions.
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ii. Non -Federal entities may be required to submit a copy of any publication materials,
including but not limited to print, recorded, or Internet materials, to the funding agency.
iii. When releasing information related to a funded project, non -Federal entities must
include a statement that the project or effort undertaken was or is sponsored by DOC
and must also include the applicable financial assistance award number.
iv. Non -Federal entities are responsible for assuring that every publication of material
based on, developed under, or otherwise produced pursuant to a DOC financial
assistance award contains the following disclaimer or other disclaimer approved by the
Grants Officer:
This [report/video%tc.] was prepared by [recipient name] using Federal funds under
award [number] from [name of operating unit], U.S. Department of Commerce. The
statements, findings, conclusions, and recommendations are those of the author(s) and
do not necessarily reflect the views of the [name of operating unit] or the U.S.
Department of Commerce.
1. Homeland Security Presidential Directive
If the performance of this DOC financial assistance award requires non -Federal entity
personnel to have routine access to Federally -controlled facilities and/or Federally -
controlled information systems (for purpose of this term "routine access" is defined as
more than 180 calendar days), such personnel must undergo the personal identity
verification credential process. In the case of foreign nationals, the DOC will conduct a
check with U.S. Citizenship and Immigration Services' (USCIS) Verification Division, a
component of the Department of Homeland Security (DHS), to ensure the individual is in
a lawful immigration status and that he or she is eligible for employment within the
United States. Any items or services delivered under a financial assistance award must
comply with DOC personal identity verification procedures that implement Homeland
Security Presidential Directive 12 (Policy for a Common Identification Standard for
Federal Employees and Contractors), Federal Information Processing Standard (FIPS)
PUB 201, and OMB Memorandum M-05-24. The recipient must ensure that its
subrecipients and contractors (at all tiers) performing work under this award comply with
the requirements contained in this term. The Grants Officer may delay final payment
under an award if the subrecipient or contractor fails to comply with the requirements
listed in the term below. The recipient must insert the following term in all subawards and
contracts when the subaward recipient or contractor is required to have routine physical
access to a Federally -controlled facility or routine access to a Federally -controlled
information system:
The subrecipient or contractor must comply with DOC personal identity verification
procedures identified in the subaward or contract that implement Homeland Security
Presidential Directive 12 (HSPD-12), Office of Management and Budget (OMB)
Guidance M-05-24, as amended, and Federal Information Processing Standards
Publication (FIPS PUB) Number 201, as amended, for all employees under this subaward
or contract who require routine physical access to a Federally -controlled facility or
routine access to a Federally -controlled information system. The subrecipient or
contractor must account for all forms of Government provided identification issued to the
subrecipient or contractor employees in connection with performance under this
subaward or contract. The subrecipient or contractor must return such identification to
the issuing agency at the earliest of any of the following, unless otherwise determined by
DOC: (1) When no longer needed for subaward or contract performance; (2) Upon
completion of the subrecipient or contractor employee's employment; (3) Upon subaward
or contract completion or termination.
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m. Compliance with Department of Commerce Bureau of Industry and Security Export
Administration Regulations
1. This clause applies to the extent that this financial assistance award encompasses
activities that involve export -controlled items.
2. In performing this financial assistance award, a non -Federal entity may participate in
activities involving items subject to export control (export -controlled items) under the
Export Administration Regulations (EAR). The non -Federal entity is responsible for
compliance with all applicable laws and regulations regarding export -controlled items,
including the EAR's deemed exports and re-exports provisions. The non -Federal entity
must establish and maintain effective export compliance procedures at DOC and non -
DOC facilities, including facilities located abroad, throughout performance of the
financial assistance award. At a minimum, these export compliance procedures must
include adequate restrictions on export -controlled items, to guard against any
unauthorized exports, including in the form of releases or transfers to foreign nationals.
Such releases or transfers may occur through visual inspection, including technology
transmitted electronically, and oral or written communications.
3. Definitions
i. Export -controlled items. Items (commodities, software, or technology), that are
subject to the EAR (15 C.F.R. §§ 730-774), implemented by the DOC's Bureau of
Industry and Security. These are generally known as "dual -use" items, items with a
military and commercial application. The export (shipment, transmission, or
release/transfer) of export -controlled items may require a license from DOC.
ii. Deemed Export/Re-export. The EAR defines a deemed export as a release or transfer
of export -controlled items (specifically, technology or source code) to a foreign person
(foreign national) in the U.S. Such release is "deemed" to be an export to the foreign
person's most recent country of citizenship or permanent residency (see 15 C.F.R. §
734.13(a)(2) & (b)). A release may take the form of visual inspection or oral or written
exchange of information. See 15 C.F.R. § 734.15(a). If such a release or transfer is
made abroad to a foreign person of a country other than the country where the release
occurs, it is considered a deemed re-export to the foreign person's most recent country
of citizenship or permanent residency. See 15 C.F.R. § 734.14(a)(2). Licenses from
DOC may be required for deemed exports or re-exports. An act causing the release of
export -controlled items to a foreign person (e.g., providing or using an access key or
code) may require authorization from DOC to the same extent that an export or re-
export of such items to the foreign person would. See 15 C.F.R. § 734.15(b).
4. The non -Federal entity must secure all export -controlled items that it possesses or that
comes into its possession in performance of this financial assistance award, to ensure
that the export of such items, including in the form of release or transfer to foreign
persons, is prevented, or licensed, as required by applicable Federal laws, E.O.s, and/or
regulations, including the EAR.
5. As applicable, non -Federal entity personnel and associates at DOC sites will be
informed of any procedures to identify and protect export -controlled items from
unauthorized export.
6. To the extent the non -Federal entity wishes to release or transfer export -controlled
items to foreign persons, the non -Federal entity will be responsible for obtaining any
necessary licenses, including licenses required under the EAR for deemed exports or
deemed re-exports. Failure to obtain any export licenses required under the EAR may
subject the non -Federal entity to administrative or criminal enforcement. See 15 C.F.R.
part 764.
7. Nothing in the terms of this financial assistance award is intended to change, supersede,
or waive the requirements of applicable Federal laws, E.O.s or regulations.
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8. Compliance with this term will not satisfy any legal obligations the non -Federal entity
may have regarding items that may be subject to export controls administered by other
agencies such as the Department of State, which has jurisdiction over exports and re-
exports of defense articles and services subject to the International Traffic in Arms
Regulations (ITAR) (22 C.F.R. §§ 120-130), including the release of defense articles to
foreign persons in the United States and abroad.
9. The non -Federal entity must include the provisions contained in this term in all
lower tier transactions (subawards, contracts, and subcontracts) under this
financial assistance award that may involve research or other activities that
implicate export -controlled items.
n. The Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7104(g)), as amended,
and the implementing regulations at 2 C.F.R. Part 175
The Trafficking Victims Protection Act of 2000 authorizes termination of financial
assistance provided to a private entity, without penalty to the Federal Government, if any
non -Federal entity engages in certain activities related to trafficking in persons. The DOC
hereby incorporates the following award tern required by 2 C.F.R. § 175.15(b):
Traffuking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect;
or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a. l of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph a I of this award term through
conduct that is either— (A) Associated with performance under this award; or (B)
Imputed to you or the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180
(OMB Guidelines to Agencies on Governmentwide Debarment and Suspension –
Non procurement), as implemented by DOC at 2 C.F.R. Part 1326 (Non procurement
Debarment and Suspension).
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity -
1. Is determined to have violated an applicable prohibition in paragraph a.I of this
award term; or
2. Has an employee who is determined by the agency official authorized to terminate
the award to have violated an applicable prohibition in paragraph a.l of this award
term through conduct that is either—
L Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C. F P, Part 180
(OMB Guidelines to Agencies on Governmentwide Debarment and Suspension –
Non procurement), as implemented by DOC at 2 C.F.R. Part 1326, (Non -
procurement Debarment and Suspension).
c. Provisions applicable to any recipient.
Page 51
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumbrance# GLO1-2309
L You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 1060 of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 71040), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.l of this award term in any
subaward you make to a private entity.
d. Definition& For purposes of this award term:
1. "Employee " means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third parry as an in-kind contribution
toward cost sharing or matching requirements.
2. "Forced labor " means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use offorce, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity ":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 C. FR. § 175.25;
ii. Includes: (A) A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 C.F.R. § 175.25(6); and (B) A for-profit organization.
3. "Severe forms of trafficking in persons, " "commercial sex act, " and "coercion " have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).
o. Prohibition on certain telecommunications and video surveillance services or
equipment (Public Law 115-232, section 889; 2 C.F.R. 200.216)
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant
funds to:
(1) Procure or obtain,
(2) Extend or renew a contract to procure or obtain, or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services or systems that uses covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical
technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i). For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
(ii). Telecommunications or video surveillance services provided by such entities
or using such equipment.
(iii). Telecommunications or video surveillance equipment or services produced
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RYAN L. BUTLER, CLERK
Contract# IRL2024N-08
Encumb
or provided by an entity that the Secretary of Defense, in consultat onewith the -2309
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection
(f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary for those affected
entities to transition from covered communications equipment and services, to
procure replacement equipment and services, and to ensure that communications
service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information.
(d) See also 200.471.
Page 53
Department of Commerce
National Oceanic and Atmospheric Administration (NOAA)
Fisheries Habitat Conservation Program Office (HCPO)
RECIPIENT INFORMATION
1. Recipient Name
IRL COUNCIL
1235 MAIN ST
SEBASTIAN, FL 32958
2. Congressional District of Recipient
08
3. Employer Identification Number (EIN)
47-4893498
4. UEI
UUY2F5RYN1J7
5. Recipient Point of Contact
Not Available DOC PD/PI Name
jhanks@fisheries.org
6. Authorized Official
Kolodny, Daniel,
kolodny@irlcouncil.org
FEDERAL AGENCY CONTACT INFORMATION
7. Grant Specialist
Elana Felberg
Elana.Felberg@noaa.gov
8. Program Officer
Michele Miller
michele.miller@noaa.gov
9. Grant Officer
Olga Dixon
olga.dixon@noaa.gov
FEDERAL AWARD INFORMATION
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RYAN L. BUTLER, CLLRK
Notice of Award (NoA)
NA24NMFX463CO051-T1-01
10. Award Number / FAIN
NA24NMFX463CO051-T1-01 / NA24NMFX463CO051 /Mod 0
11. Award Type
Cooperative Agreement
12. Period of Performance Start Date & End Date
10/01/2024 - 09/30/2027
13. Federal Share of Cost
$9,398,412
14. Recipient Share of Cost
$1,340,000
15. Total Federal and Recipient Cost
$10,738,412
16. Opportunity Number
NOAA-N M FS -H CPO -2023-2008081
17. Project Title
System -wide Habitat Restoration Through an Integrated Community of Practice
(CoP) for the Indian River Lagoon, FL.
18. Assistance Listing Number and Name
11.463 Habitat Conservation
19. Award Action Type
New Competing
20. Multiyear Award?
No
21. R&D Award?
No
22. Construction Award?
No
23. Grants Officer - Signature and Date
Olga Dixon - 08/20/2024
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RYAN L. BUTLER, CLLRK
Department of Commerce Notice of Award
NOAA NA24NMFX463CO051 -TI -01
Fisheries Habitat Conservation Program Office (HCPO)
NOTICE OF NOAA AWARD COVER LETTER
Congratulations, you are the recipient of NOAA award Number NA24NMFX463CO051 -T1 -01.
This Notice of Award (NoA) approved by the NOAA Grants Officer, constitutes the official grant award and the
obligation of Federal funding. The NoA serves as the official legal document issued to notify the recipient and others
that an award has been made. The NoA contains all terms and conditions of the grant award.
The complete NoA can be found and downloaded under eRA Commons using the following instructions: View Notice
of Award I eRA
This NoA was sent to the specified email address entered in the NoA email field by the recipient organization when
completing the electronic Research Administration (eRA) Commons registration process. The Signing Official (SO)
can update this email address through the Institutional Profile section in eRA Commons. The NoA can also be viewed
from the Status Information page in eRA Commons. By accepting the award, the recipient agrees to comply with the
award provisions specified on the award document.
As the Signing Official (SO) you are authorized to legally bind the institution in grant -administration matters. In
providing your signature approval on the grant application submission you are responsible for monitoring grant
related activities and authorizing expenditures under this award.
Additional Information about your award is shown below:
• Assistance Listing Number: 11.463
• Project Period: 10/01/2024 - 09/30/2027
• Program Office: Fisheries Habitat Conservation Program Office (HCPO)
• Program Officer: Michele Miller
• Program Officer Phone:
• Program Officer Email: michele.miller@noaa.gov
• Total Federal Funding: $9,398,412
• Total Non -Federal Funding: $1,340,000
• Organization Name: IRL Council
• Project Title: System -wide Habitat Restoration Through an Integrated Community of Practice (CoP) for the
Indian River Lagoon, FL.
• Name of Principal Director/Project Investigator (PI/PD) as identified in the negotiated application:
o Not Available DOC PD/PI Name
This email was sent from a source that is not monitored for responses. If you need assistance, contact your
Program/Project Officer (for programmatic issues) or the eRA Help Desk (for technical issues).
Page 2 of 12
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RYAN L. BUTLER, CLERK
SECTION I — BUDGET INFORMATION
Approved Budget
Authorized
Cumulative
Federal $9,398,412
Non -Federal $1,340,000
Total $10,738,412
Authorized Funding Codes
Year 1 Federal
Year 2 Federal
Total
Personnel(non-
research
$372,000
$0
$372,000
Supplies
$35,000
$0
$35,000
Contractual
$539,980
$0
$539,980
Other
$8,331,734
$0
$8,331,734
Total Direct Charges
$9,278,714
$0
$9,278,714
Indirect Charges
$119,698
$0
$119,698
Federal
$9,398,412
$0
$9,398,412
Non -Federal
$1,340,000
$0
$1,340,000
Authorized
Cumulative
Federal $9,398,412
Non -Federal $1,340,000
Total $10,738,412
Authorized Funding Codes
SECTION II — NOAA STANDARD TERMS AND CONDITIONS
• 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101
https://www.ecf r.gov/current/title-2/subtitle-A/chapter-I I/part-200?toc=1
• DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS
httos://www.commerce gov/oam/policy/financial-assistance-policy
The Department of Commerce Financial Assistance Standard Terms and Conditions (ST&C) issued
November 12, 2020, are incorporated by reference into this award.
• Bureau Financial Assistance Standard Terms and Conditions
Administrative Standard Award Conditions for National Oceanic and Atmospheric Administration (NOAA)
Financial Assistance Awards U.S. Department of Commerce
• Department of Commerce Pre -Award Notification Requirements for Grants and Cooperative Agreements
(REF: 79FR 78390)
https://www aovinfo gov/content/pkg/FR-2014-12-30/pdf/2014-30297 pdf
SECTION III — SPECIFIC AWARD CONDITIONS
SPECIAL TERMS
New Award
This competitive award number NA24NMFX463CO051-T1-01 to Indian River Lagoon
Council supports the work described in the Recipient's proposal entitled System -wide
Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian
River Lagoon, FL dated 11/10/2023, as revised on 6/26/2024 and 8/02/2024, which is
incorporated into the award by reference. This award is made under the following
statutory authorities: Fish and Wildlife Coordination Act 16 U.S.C. 661, as amended by the
Page � of 1?
Cumulative
140Y8LHR61
I 24P00
1 1430130000000000
00
1 41000100
IIJA RESTORATION
RES
$9,398,412
Total
$9,398,412
SECTION II — NOAA STANDARD TERMS AND CONDITIONS
• 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101
https://www.ecf r.gov/current/title-2/subtitle-A/chapter-I I/part-200?toc=1
• DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS
httos://www.commerce gov/oam/policy/financial-assistance-policy
The Department of Commerce Financial Assistance Standard Terms and Conditions (ST&C) issued
November 12, 2020, are incorporated by reference into this award.
• Bureau Financial Assistance Standard Terms and Conditions
Administrative Standard Award Conditions for National Oceanic and Atmospheric Administration (NOAA)
Financial Assistance Awards U.S. Department of Commerce
• Department of Commerce Pre -Award Notification Requirements for Grants and Cooperative Agreements
(REF: 79FR 78390)
https://www aovinfo gov/content/pkg/FR-2014-12-30/pdf/2014-30297 pdf
SECTION III — SPECIFIC AWARD CONDITIONS
SPECIAL TERMS
New Award
This competitive award number NA24NMFX463CO051-T1-01 to Indian River Lagoon
Council supports the work described in the Recipient's proposal entitled System -wide
Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian
River Lagoon, FL dated 11/10/2023, as revised on 6/26/2024 and 8/02/2024, which is
incorporated into the award by reference. This award is made under the following
statutory authorities: Fish and Wildlife Coordination Act 16 U.S.C. 661, as amended by the
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RYAN L. BUTLER, CLERK
Reorganization Plan No. 4 of 1970; Magnuson -Stevens Fishery Conservation and
Management Reauthorization Act of 2006, 16 U.S.C. 1891a; Endangered Species Act, 16
U.S.C. 1535; America COMPETES Act, as amended, 33 U.S.C. 893a; Bipartisan
Infrastructure Law (Public Law 117-58); and Inflation Reduction Act (Public Law 117-
169). Where the terms of the award and proposal differ, the terms of the award shall
prevail.
The terms in Section II of the Notice of Award applicable to this award are the version in
effect at the time of award, unless the award is amended. Historical versions of 2 CFR 200
are available by clicking links at the top of the eCFR weblink in the Notice of Award.
Cooperative Agreement / Substantial Involvement
This award is a cooperative agreement as described in 2 C.F.R. Sec. 200.1 Definitions,
meaning that NOAA is substantially involved in the project. NOAA Fisheries participation will
be crucial to ensuring the timely implementation of the most beneficial habitat restoration
project. NOAA may participate in one or more of the following ways:
--collaboration on the scope of work through participation in meetings and review of
documents;
--providing assistance with technical aspects of the habitat restoration project such as
assistance with permitting or development of detailed work plans and monitoring plans;
--review and comment on design plans at the beginning of the award, at various stages
throughout any portion of the design process that occurs during the award (e.g. conceptual,
30%, 60%, and 90% completion), and at the final completion stage;
--review of procurement materials to the extent authorized by 2 C.F.R. Sec. 200
Procurement Standards;
--tracking the progression of the restoration from planning through implementation and
post -construction monitoring, with particular emphasis on tracking Recipient achievement
of targets for major milestones and performance metrics and sharing results;
--other involvement consistent with Office of Management and Budget Guidance on
Substantial Involvement. See 43 Federal Register 36860 (Aug. 18, 1978).
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Buy America Preference. Recipients of an award of Federal financial assistance from the Department
of Commerce (Department) for a program for infrastructure are hereby notified that none of the funds
provided under this award may be used for an infrastructure project unless:
all iron and steel used in the project are produced in the United States this means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States;
all manufactured products used in the project are produced in the United States this means
the manufactured product was manufactured in the United States; and the cost of the
components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard that meets or exceeds this standard has
been established under applicable law or regulation for determining the minimum amount of
domestic content of the manufactured product; and
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RYAN L. BUTLER, CLERK
3. all construction materials are manufactured in the United States this means that all
manufacturing processes for the construction material occurred in the United States. The
construction materials standards are listed below.
Incorporation into an infrastructure project. The Buy America Preference only applies to articles,
materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure
project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure
project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Categorization of articles, materials, andsuppiies. An article, material, or supply should only be
classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii)
Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be
considered to fall into multiple categories. In some cases, an article, material, or supply may not fall
under any of the categories listed in this paragraph. The classification of an article, material, or supply
as falling into one of the categories listed in this paragraph must be made based on its status at the
time it is brought to the work site for incorporation into an infrastructure project. In general, the work
site is the location of the infrastructure project at which the iron, steel, manufactured products, and
construction materials will be incorporated.
Application of the Buy America Preference by category. An article, material, or supply incorporated
into an infrastructure project must meet the Buy America Preference for only the single category in
which it is classified.
Determining the cost of components for manufactured products. In determining whether the cost of
components for manufactured products is greater than 55 percent of the total cost of all components,
use the following instructions:
For components purchased by the manufacturer, the acquisition cost, including
transportation costs to the place of incorporation into the manufactured product (whether or
not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-
free entry certificate is issued); or
For components manufactured by the manufacturer, all costs associated with the
manufacture of the component, including transportation costs as described in paragraph (a),
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the manufactured product.
Construction material standards. The Buy America Preference applies to the following construction
materials incorporated into infrastructure projects. Each construction material is followed by a
standard for the material to be considered produced in the United States. Except as specifically
provided, only a single standard should be applied to a single construction material.
1. Non-ferrous metals. All manufacturing processes, from initial smelting or melting through
final shaping, coating, and assembly, occurred in the United States.
2. Plastic and polymer -based products. All manufacturing processes, from initial combination of
constituent plastic or polymer -based inputs, or, where applicable, constituent composite
materials, until the item is in its final form, occurred in the United States.
3. Glass. All manufacturing processes, from initial batching and melting of raw materials
through annealing, cooling, and cutting, occurred in the United States.
4. Fiber optic cable (including drop cable). All manufacturing processes, from the initial
ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the
United States. All manufacturing processes also include the standards for glass and optical
fiber, but not for non-ferrous metals, plastic and polymer -based products, or any others.
5. Optical fiber. All manufacturing processes, from the initial preform fabrication stage through
the completion of the draw, occurred in the United States.
6. Lumber. All manufacturing processes, from initial debarking through treatment and planing,
occurred in the United States.
7. Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum
plaster and additives through cutting and drying of sandwiched panels, occurred in the United
States.
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8. Engineered wood. All manufacturing processes from the initial combination of constituent
materials until the wood product is in its final form, occurred in the United States.
Waivers
When necessary, recipients may apply for, and the Department may grant, a waiver from these
requirements.
To help federal agencies and recipients meet BABA requirements, the U.S. Department of Commerce,
National Institute for Standards and Technology (NIST), Hollings Manufacturing Extension Partnership
(MEP) National Network provides a service to connect stakeholders, including recipients, to U.S.
manufacturers that have relevant production capabilities and capacities to help fulfill current market
and supply chain needs. Recipients considering a BABA nonavailability waiver are strongly
encouraged to contact the NIST/MEP for assistance with supplier scouting services prior to seeking a
BABA nonavailability waiver. Further information on the NIST/MEP supplier scouting services is
available at: https://nist gov/mep/supply-chain/supplier-scouting.
When the Department has made a determination that one of the following exceptions applies, the
awarding official may waive the application of the Buy America Preference in any case in which the
Department determines that:
1. applying the Buy America Preference would be inconsistent with the public interest (public
interest waiver);
2. the types of iron, steel, manufactured products, or construction materials are not produced in
the United States in sufficient and reasonably available quantities or of a satisfactory quality
(nonavailability waiver); or
3. the inclusion of iron, steel, manufactured products, or construction materials produced in the
United States will increase the cost of the overall project by more than 25 percent
(unreasonable cost waiver).
A request to waive the application of the Buy America Preference must be in writing. The Department
will provide instructions on the format, contents, and supporting materials required for any waiver
request. Waiver requests are subject to public comment periods of no less than 15 days and must be
reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described
on the Department s Build America, Buy America website found
at https://www.commerce.aov/oam/build-ampr ca-buv-america.
Definitions
Buy America Preference means the domestic content procurement preference set forth in section
70914 of the Build America, Buy America Act, which requires the head of each Federal agency to
ensure that none of the funds made available for a Federal award for an infrastructure project may be
obligated unless all of the iron, steel, manufactured products, and construction materials incorporated
into the project are produced in the United States.
Construction materials means articles, materials, or supplies that consist of only one of the items listed
in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent
one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is
nonetheless a construction material.
The listed items are:
1. Non-ferrous metals;
1. Plastic and polymer -based products (including polyvinylchloride, composite
building materials, and polymers used in fiber optic cables);
2. Glass (including optic glass);
3. Fiber optic cable (including drop cable);
4. Optical fiber;
5. Lumber;
6. Engineered wood; and
7. Drywall.
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2. Minor additions of articles, materials, supplies, or binding agents to a construction material do
not change the categorization of the construction material.
Infrastructure means public infrastructure projects in the United States, which includes, at a minimum,
the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams,
ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and
intermodal facilities; airports; water systems, including drinking water and wastewater systems;
electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real
property; and structures, facilities, and equipment that generate, transport, and distribute energy
including electric vehicle (EV) charging.
Infrastructure project means any activity related to the construction, alteration, maintenance, or repair
of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the
project. See also paragraphs (c) and (d) of 2 CFR 184.4.
Iron or steel products means articles, materials, or supplies that consist wholly or predominantly of
iron or steel or a combination of both.
Manufactured products means:
1. Articles, materials, or supplies that have been:
1. Processed into a specific form and shape; or
1. Combined with other articles, materials, or supplies to create a product with
different properties than the individual articles, materials, or supplies.
2. If an item is classified as an iron or steel product, a construction material, or a Section
70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is
not a manufactured product. However, an article, material, or supply classified as a
manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include
components that are construction materials, iron or steel products, or Section 70917(c)
materials.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel
content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the
cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or
forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel
components.
Section 70917(c) materials means cement and cementitious materials; aggregates such as stone,
sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America,
Buy America Act.
IMPLEMENTATION OF DOMESTIC SOURCING REQUIREMENT
Prior to initiation of any construction that may arise in this award, the Recipient is required to inform
the NOAA Grants Officer and the Federal Program Officer whether it is using iron, steel, manufactured
products, or construction materials as described in the Specific Award Condition in this award on
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials. In addition, the Recipient is required to inform the NOAA Grants Officer and the Federal
Program Officer whether those materials are produced or manufactured in the United States, or
alternatively, it is requesting one or more waivers, as described in the award condition. The Recipient
is required to coordinate with NOAA regarding its compliance with this
Term.
Signs (BIUIRA)
The Recipient is responsible for constructing, erecting, and maintaining in good condition
throughout the construction period a sign(s) satisfactory to NOAA that identifies the project
and indicates that the project is Federally funded by the Bi -Partisan Infrastructure Law, and/or
the Inflation Reduction Act (IRA). NOAA may require that the recipient maintain a permanent
plaque or sign at the project site with the same or similar information. The temporary and
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RYAN L. BUTLER, CLERK
permanent proposed signage implementation plans must be submitted to and approved by
NOAA prior to installation.
Compliance with Applicable Laws, Obtaining Permits, and Consultation
Requirements
The Recipient is required to comply with national policy requirements consistent with 2
C.F.R. Sec. 200.300 and Department of Commerce Financial Assistance Standard Terms and
Conditions, Section G., or any successor Section. The Recipient will ensure that
implementation of the project will meet all Federal laws and regulations by obtaining all
Federal, state, and local permits and consultations applicable to the project prior to
expenditure of award funds for those activities requiring permits and consultations. This
includes, but is not restricted to, consultations required under the Endangered Species Act,
Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat),
National Historic Preservation Act, and Coastal Zone Management Act. The Recipient will be
cognizant of all conditions and restrictions required by their permits and consultations, and
will immediately halt activities and contact their NOAA Technical Monitor if events occur that
threaten to violate the conditions or restrictions required by their permits and consultations.
Verification of Permits and Consultations
Verification of permits and regulatory compliance related to this project must be presented
to the NOAA Technical Monitor prior to project implementation. The Recipient should provide
a list of Federal, tribal, state, and local permits acquired for this project by email or letter to
the NOAA Technical Monitor.
Project Files
The Recipient must maintain project files for all restoration activities taking place under this
agreement consistent with 2 C.F.R. Sec. 200.334. These files must contain, at a minimum,
project work plans and copies of all federal and state permits/consultations associated with
project implementation.
Outreach and Communications
Department of Commerce Financial Assistance Standard Term and Condition G.05.k.3., or
any successor term, is supplemented as follows consistent with NOAA s collaboration on this
project. The Recipient will coordinate with NOAA on outreach plans, events, products, and
media coverage associated with the project. Please coordinate with the Federal Program
Officer listed under the Contact Information award condition. Grantees will provide copies of
final outreach products, website mentions, press materials, photos, videos, etc. via the
standard progress reports to NOAH, or when available throughout the award period.
Grantees will provide NOAA with high-resolution before, during, and post -implementation
photos of the project. Photos of the site prior to construction and during project
implementation should be submitted with progress reports or as requested by NOAA.
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Acknowledgement of Project Contributors
The Recipient must display, where appropriate and practical, publicly visible signs indicating
that the project has received funding from the NOAA Restoration Center. These signs should
also identify other contributing partners. These contributions should also be acknowledged
in all communications with the media and the public and in all outreach related to the
projects, consistent with Department of Commerce Financial Assistance Standard Term and
Condition G.05.k.3., or any successor term.
Project Safety
The Recipient must have a written safety plan for management of the project, which should
specifically address safety of project personnel, associates, visitors, and volunteers. The
Recipient must conduct a safety briefing for volunteers immediately prior to their
participation in hands-on restoration activities under this award. In addition, for any Self -
Contained Underwater Breathing Apparatus (SCUBA) diving activities in a project, it is the
responsibility of the Recipient 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 Recipient to ensure that any SCUBA diving
activities under this award meet, at a minimum, all applicable Federal, State, and local laws
and regulations pertaining to the type of SCUBA diving being undertaken.
Outstanding NEPA Documentation and Restricted Availability of Funds
By accepting this award, the Recipient agrees to assist and cooperate with NOAA Fisheries in
the preparation of any outstanding National Environmental Policy Act (NEPA) compliance
documentation. For purposes of NEPA compliance, Phase 1 of the project includes feasibility
studies; engineering and design studies; permitting; pre -project data collection; surveys;
and pre -project monitoring. The activities for which work can proceed (as described above)
will have no significant individual or cumulative adverse effects on the environment. The
Recipient will not expend any funds for construction until impacts have been assessed, and
NEPA compliance documentation has been completed by NOAA. At this time, $4,547,597 in
funding is available to the Recipient to complete Phase 1 tasks outlined above. Phase 2
NEPA impacts will be assessed when more project details are available.
Project Milestones
To ensure adequate and timely progress towards project completion, NOAA and the
Recipient have cooperatively identified several milestones as outlined throughout the
proposal narrative. Project progress will be evaluated throughout the award with particular
emphasis on meeting these milestones. NOAA reserves the right to pursue enforcement
action for the award under 2 C.F.R. 200.339-.343 at any time throughout the award period
should NOAA determine that a Recipient is not meeting project milestones as outlined in the
application submitted to the NOAA Grants Management Division for funding.
Monitoring
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RYAN L. BUTLER, CLLRK
To evaluate project implementation quality and effectiveness, and learn from your
restoration project(s), recipients will execute appropriate project monitoring with guidance
from NOAA. As your project proceeds, NOAA's substantial involvement will include further
coordination to execute implementation and basic effectiveness monitoring, and potentially
more detailed effectiveness monitoring, if applicable. The grantee will collaborate with NOAA
to identify monitoring elements such as parameters, methods, sampling duration and
frequency, and post implementation targets. NOAA s involvement will also include ongoing
coordination on data management, analyses, and dissemination of results (see
Administrative Standard Award Conditions for NOAA). The grantee will develop a data
/information sharing plan, and submit appropriate monitoring information with progress
reports, as well as at other appropriate times. Templates for the data/information sharing
plan and other monitoring related guidance are provided at https://www.fisheries.
noaa.gov/national/habitat-conservation/monitoring-and-evaIuationrestoration-projects.
Performance Progress Reports
Reporting requirements are described in 2 C.F.R. Sec. 200.328-.330, and 2 CFR Part 170;
Department of Commerce Financial Assistance Standard Terms and Conditions Sec. A.01,
C.03, and G.05. or successor sections; and Bureau -Specific NOAA Administrative Standard
Award Conditions, with the following supplement.
Progress reports must be submitted using the NOAA Community-based Restoration
Program's Performance Progress Report (PPR) reporting form approved by OMB under
control number 0648-0718, or a successor form. The NOAA Federal Program Officer will
provide this form to the Recipient. Interim semi-annual progress reports are due no later
than 30 days after the semiannual reporting periods ending March 31 and September 30 for
the entire duration of the award. These follow the same frequency and have the same due
dates (April 30 and October 30, respectively) as the SF -425 Federal Financial Reports, which
also must be submitted as a condition of this award.
A comprehensive final report covering all activities during the award period is required and
must be received by the NOAA Program Officer within 120 days after the end date of this
award, but a final semi-annual report is not required.
Matching Requirement
Since this award requires the Recipient to provide $1,340,000 in project -related costs
from non -Federal sources, the Recipient must maintain in its official accounting records an
accounting of $10,738,412.
"To Be Determined" Contracts/subawards
This Project includes funding for contracts/subawards where contractors/subawardees either
have not been identified at the time of the award, or have been identified at the time of the
award, but do not have sufficient budget information. Per 2 CFR 200.308, recipients must
request pre -approvals from the awarding Federal agency for subawarding, transferring or
contracting out of any work under a Federal award, with the exception of the acquisition of
supplies, material, equipment, or general support services. Please follow the procedures
described below for each contract and note all subawards require pre -approval regardless of
funding amount. Threshold amounts for contracts are determined for the life of the prime
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RYAN L. BUTLER, CLERK
award (if multiple agreements are issued to the same contractor, threshold will be
calculated based on their cumulative value). Recipients must retain complete procurement
records which demonstrate that the procedures described below were followed.
Contracts under micro purchase threshold- See 2 CFR 200.320(a)(1) for the definition of
micro -purchase. Micro -purchases may be awarded without soliciting competitive price or
rate quotations if the Recipient considers the price to be reasonable based on research,
experience, purchase history or other information and documents it and files accordingly.
Contracts under small purchase threshold. See 2 CFR 200.320(a)(2) for the definition of
small purchase and simplified acquisition threshold. For small purchase contracts, price or
rate quotations must be obtained from an adequate number of qualified sources as
determined appropriate by the Recipient. NOAA will not require prior approvals for contracts
under $250,000 (unless a lower amount is used by the grantee as per 2 CFR
200.320(a)(2)(ii)) However, please be aware of financial assistance requirements for these
contracts and keep your records, including a minimum of three price or rate quotations, for
audits or the agency desk reviews/site visits.
Contracts over the simplified acquisition threshold ($250,000, unless a lower amount is used
by the grantee as per 2 CFR 200.320(a)(2)(ii)) and all subawards: When contractors have
been selected, the recipient is required to submit a Request in eRA Commons to obtain
approval to Subaward, transfer or contract out work under the award and provide the
following documentation for each contract/subaward: method of selection (competitive or
noncompetitive); scope of work and budget (cost or price information, as applicable) for each
contract/subaward award; and/or a justification if the subcontract/subaward was chosen
noncompetitively.
Delinquent Single Audit
In accordance with Audit Requirements in 2 CFR Part 200 Subpart F and Department of
Commerce Financial Assistance Standard Terms and Conditions Section D.01, non -Federal
entities that expend $750,000 or more during their fiscal year in Federal awards are
required to submit a single audit report to the Federal Audit Clearinghouse within the
earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the
end of the audit period. Your organization spent over $750,000 in Federal funds in Fiscal
Year 2023, therefore, you were required to submit a current Single Audit to the Federal
Audit Clearinghouse no later than 6/30/2024. The Federal Audit Clearinghouse database
was checked as of 8/16/2024, and your organization s Fiscal Year 2023 Single Audit was
not listed, which means that your organization is not in compliance with Federal and
Agency requirements.
Please submit your Fiscal Year 2023 Single Audit to the Federal Audit Clearinghouse within
30 days from receipt of this award. There is an exception for Indian Tribes and Tribal
organizations for single audit reporting - please see 200.512 13(2), and section C of the
same part for Reporting Package information.
Failure to meet this requirement may result in your organization's designation as Risk
Recipient by the Agency. This will inhibit your immediate access to withdraw funds for
your project from the Automated Standard Application for Payments (ASAP) System, and
SF -270 Request for Advance and Reimbursement' will be the method of payment until
receipt of your current Single Audit.
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WiAN L. BUTLER, CLLRK
Tangible Property Reporting and Disposition
Tangible personal property has been identified and budgeted in the grant application. The
Recipient must report such property to NOAA. The SF -428, SF -428-B (final report), and as
needed, the SF -428-S (inventory list) must be submitted no later than 120 days after the
project end date. The SF -428-C (the disposition report) must be submitted when the
property is no longer required for the purpose of the project, and in accordance with
200.311-314. These forms can be accessed at
https://www.grants.gov/web/grants/forms/post-award-reporting-forms.htmi.
Contact Information
Contact information for NOAA and the Recipient is maintained in eRA Commons. In addition:
The Federal Program Officer for this award is: Michele Miller; 301-427-8617;
Michele.Miller@noaa.gov. The Technical Monitor for this award is: Erin McDevitt; (301) 427-
7802; Erin.McDevitt@noaa.gov.
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RYAN L. BUTLER, CLERK
Performance Progress Report
NOAH Restoration Center, Office of Habitat Conservation
o'a'+,c-Nr ov ccs"
1. Federal Agency to Which Report is Submitted
NOAA National Marine Fisheries Service
2. Award or Subaward Number
3. Federal Program Officer - Name
Project Information
4. Project Name 5.
Recipient or Subrecipient Organization
6. Is this the final report?
Yes [—] No
7. Award or Project Period Dates
8. Reporting Period Dates
9. Report Frequency
annual semi-annual
other quarterly
Start Date
End Date
Start Date
End Date
Project
Information
10. Main Project Contact - Name 11.
Main Project Contact - Title and Organization
12. Main Project Contact- Email
13. Main Project Contact - Phone Number
14. Project City
15. Project State
16. Number of Project Sites
17a. Project Site Coordinates
(decimal degrees)
Latitude
Longitude
18. Project Landowner Permission
Received
Yes
❑ No
Monitoring
Information
19. Monitoring Contact - Name
20. Monitoring Contact -Title and Organization
21 Monitoring Contact - Email
22. Monitoring Contact - Phone Number
23. Monitoring Level ❑ Tier I E] Tier 11 n None
24. List of Target Species
25. List of Project Partners
26. Problem the ProjectAddresses
m um conn will ue usea w aummister ana evaluate coastai ana marine habitat restoration projects. Public reporting burden for this collection of information is
estimated to average 9.5 hours for initial reports, 5.5 hours per response for interim reports and 9.75 hours for final reports, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any
other suggestions for reducing this burden to Program Manager, NOAA Community-based Restoration Program, 1315 East West Hwy, F/Hc3, Silver Spring, MD 20910.
No confidentiality is provided because no proprietary or confidential information is requested.
Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of
information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a valid OMB Control Number.
Privacy Act Statement
Authorities: Fish and Wildlife Coordination Act, 16 U.S.C. 661, as amended by the Reorganization Plan No. 4 of 1970. the Magnuson -Stevens Reauthorization Act of 2006(Title 1,
Sec. 117), the Estuaries and Clean Waters Act of 2000 (Title I, Public Law 106-457), amendments to the Water Resources Development Act of 2007, and other authorities.
Purpose: This collection is used to track, evaluate and report on coastal and marine habitat restoration funding administered by the National Oceanic and Atmospheric Administration
(NOAH) Restoration Center. The information enables NOAA to demonstrate accountability for federal funds used to restore coastal and marine habitats, provide accurate and timely
responses to NOAA, Department of Commerce, Congressional and Constituent inquiries and contributes to the Government Performance and Results Act "acres restored" measure.
Routine Uses. Disclosure of this information is permitted under the Privacy Act of 1974 (5 U.5.C.Section 552a) to be shared among Department staff for work-related purposes.
Disclosure of this information is also subject to all of the published routine uses as identified in the Privacy Act System of Records Notices DEPT -2, Accounts Receivable and GSA/GOVT-9,
System for Award Management.
Disclosure: This information is required of all grant recipients. If the required information is not provided, NOAA's ability to determine the grant program's progress will be impeded.
OMB Control No. 0648-0472 Expiration Date: 12/31/2021
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLLRK
Project Name
Award or Sub -Award Number
27. Other Attachments (see instructions)
Certification. /certify to the best ofmy knowledge that this report is correct and complete for performance of activities for the purposes set forth in the award
documents.
28. Authorized Representative -Name and Title
29. Authorized Representative -Email
30.A thorized Representative - Phone
31. Performance Narrative (no page limit, see instructions):
Performance Progress Report OMB Control No. 0648-0472
NOAA Restoration Center Page 2 of 9 Expiration Date: 12/31/2021
Project Name
Performance Narrative (continued)
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MIAN L. BUTLER, CLLRK
Award or Sub -Award Number
Performance Progress Report OMB Control No. 0648-0472
NOAA Restoration Center Page 3 of 9 Expiration Date: 12/31/2021
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CER a FICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Project Name Award or Sub -Award Number
A. Project Activities
1. 2. 3.
Activity Description Activity Status Explanation of Progress
Performance Progress Report OMB Control No. 0648-0472
NOAA Restoration Center Page 4 of 9 Expiration Date: 12/31/2021
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RYAN L. BUTLER, CLLRK
Project Name
Award or Sub -Award Number
B. Performance Measures
1.
Objective/Goal
Description
2.
Measure
(Unit)
3 .
Baseline
4•
Target
Year
S.
Target
6.
Actual
To Date
(cumulative)
7.
Explanation
Performance Progress Report OMB Control No. 0648-0472
NOAA Restoration Center Page S of 9 Expiration Date: 12/31/2021
Project Name
Award or Sub -Award Number
C. NOAA Award Funding Funding years Lock
Duration y Table
1. Object Class
Expenditures
2. Year 1 NOAA
Approved Funds
3. Year 2 NOAA
Approved Funds
4. Year 3 NOAA
Approved Funds
5. Total NOAA
Approved Funds
6. Total NOAA
Funding Expended
7. Notes
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Other
Indirect
TOTALS
Performance Progress Report
NOAA Restoration Center
Page 6 of 9
OMB Control No. 0648-0472
Expiration Date: 12/31/2021
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Duration Table
1. Object Class
Expenditures
2. Year 1 Match
Funds Approved
3. Year 2 Match
Funds Approved
4. Year 3 Match
Funds Approved
5. Total Approved
Match Funds
6. Total Expended
Match Funds
7. Non-federal Recipient Share (Match Funds)
Sources
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Other
Indirect
TOTALS
8. Budget Deviations Description (see instructions)
Performance Progress Report
NOAA Restoration Center
Page 7 of 9
OMB Control No. 0648-0472
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E. Project Leverage (Funds beyond committed match)
1 •
Leverage Task Description (Optional. Project Partner conducting task)
2.
Type of Funds
(Federal or Non-
federal)
3.
Funding Source
(Name of Organization)
4.
Total Funds
Total
i
Performance Progress Report
NOAA Restoration Center
Page 8 of 9
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Expiration Date: 12/31/2021
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F. Monitoring Funds (Include all funding supporting monitoring activities)
1•
Monitoring Task Description
2.
Type of Funds
(Federal or Non-
Federal)
3.
Funding Source
(Name of Organization)
4•
Total Funds
Total
Performance Progress Report
NOAA Restoration Center
Page 9 of 9
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RYAN L. BUTLER, CLERK
pi45p`4° Administrative Progress Report
� s
NOAH Restoration Center, Office of Habitat Conservation
1.Federal Agency to Which Report is Submitted
2. Federal Award Number
3. Federal Program Officer - Name
NOAA National Marine Fisheries Service
4. Recipient Organization and Address
5. Award Start Date
7. Report Start Date
6. Award End Date
8. Report End Date
9. Award Name
10. Main Project Contact - Name
11. Main Project Contact -Title and Organization
14. Is this the final Yes
report?
No
12. Main Project Contact - E-mail
13. Main Project Contact - Phone Number
15. Report Frequency
❑ annual ® semi-annual
1
10 quarterly ❑ other
16. Other Attachments (see instructions)
Certification: I certify to the best of my knowledge and belief that this report is correct and complete for performance of activities for
the purposes set forth in the award documents.
17. Authorized Representative - Name and Title
18. Authorized Representative - Email
19. Authorized Representative - Phone
The information collected in this form will be used to administer and evaluate coastal and marine habitat restoration projects. Public reporting burden for this collection of information is
estimated to average 6 hours for initial reports, 2.75 hours per response for semi-annual reports and 5.5 hours for final reports, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any
other suggestions for reducing this burden to Program Manager, NOAA Community-based Restoration Program, 1315 East West Hwy, F/HC3, Silver Spring, MD 20910.
No confidentiality is provided because no proprietary or confidential information is requested.
Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of
information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a valid OMB Control Number.
Privacy Act Statement
Authorities: Fish and Wilddfe Coordination Act. 16 U.S.C. 661, as amended by the Reorganization Plan No. 4 of 1970, the Magnuson -Stevens Reauthorization Act of 2006 (Title 1,
Sec. 117), the Estuaries and Clean Waters Act of 2000 (Title I, Public Law 106-457), amendments to the Water Resources Development Act of 2007, and other authorities.
Purpose: This collection is used to track, evaluate and report on coastal and marine habitat restoration funding administered by the National Oceanic and Atmospheric Administration
(NOAA) Restoration Center. The information enables NOAA to demonstrate accountability for federal funds used to restore coastal and marine habitats, provide accurate and timely
responses to NOAA, Department of Commerce, Congressional and Constituent inquiries and contributes to the Government Performance and Results Act "acres restored" measure.
Routine Uses: Disclosure of this information is permitted under the Privacy Act of 1974 (5 U.S.C.Section 552a) to be shared among Department staff for work-related purposes.
Disclosure of this information is also subject to all of the published routine uses as identified in the Privacy Act System of Records Notices DEPT -2, Accounts Receivable and GSA/GOVT-9,
System for Award Management.
Dlsdosure:This information is required of all grant recipients. Ifthe required information is not provided, NOAA's ability to determine the grant program's progress will be impeded.
OMB Control No. 0648-0472 Expiration Date: 12/31/2021
Project Name
20. Performance Narrative (see instructions):
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I^','/- N L. SUTLER, CLERK
Award or Sub -Award Number
Administrative Progress Report OMB Control No. 0648-0472
NOAA Restoration Center Expiration Date: 12/31/2021
Project Name
Award or Sub -Award Number
A. Subaward or Project List
1.
Subrecipient
2.
Project Title
3.
Project Status
4.
NEPA Status
5.
NOAA Funding
Amount
6.
Anticipated End
Date
7.
Modifications to the Sub -Award
Administrative Progress Report
NOAA Restoration Center
OMB Control No. 0648-0472
Expiration Date: 12/31/2021
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Funding Duration
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1. Object Class
Expenditures
2. Year 1 NOAA
Approved Funds
3. Year 2 NOAA
Approved Funds
4. Year3 NOAA
Approved Funds
5. Total NOAA
Approved Funds
6. Total NOAA
Funding Expended
7. Notes
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Other
Indirect
TOTALS
8. Budget Deviations Description (see instructions)
Administrative Progress Report
NOAA Restoration Center
OMB Control No. 0648-0472
Expiration Date: 12/31/2021
Project Name
Award or Sub -Award Number
C. Non-federal Recipient Share (Match Funds)
Funding 3 years ❑ Lock
Duration Table
1. Object Class
Expenditures
2. Year 1 Match
Funds Approved
3. Year 2 Match
Funds Approved
4. Year 3 Match
Funds Approved
5. Total Approved
Match Funds
6. Total Expended
Match Funds
7. Non-federal Recipient Share (Match Funds)
Sources
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Other
Indirect
TOTALS
8. Budget Deviations Description (see instructions)
Administrative Progress Report
NOAA Restoration Center
OMB Control No. 0648-0472
Expiration Date: 12/31/2021
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RYAN L. BUTLER, CLLRK
SG. Seagrass Restoration at Big Slough, Sebastian Inlet
Preachers Hole North Wabasso Causeway, Indian River County
Restoration Leaders: Melissa Meisenburg, Senior Lagoon Environmental Specialist, Indian
River County (IRC)
Carter Henne, President, Sea & Shoreline LLC
The Indian River County seagrass project is designed to restore and enhance important seagrass
communities near the Sebastian Inlet and Pelican Island National Wildlife Refuge. The sites were identified
based on its proximity to the Sebastian Inlet, water quality and shelter from wave energy. Both sites
historically supported robust seagrass meadows but suffered extensive losses after widespread algal
blooms in 2011 and 2016. The sites now have consistently sufficient water quality to support seagrass.
Experts believe insufficient recruitment and the lack of a seed bank at the project sites is the primary
driver for the lack of seagrass cover.
This project will restore vital seagrass habitat lost at the two sites in proximity to Sebastian inlet that
functions as an important estuary to ocean corridor. Water clarity is consistently conducive for seagrass
survival at the sites. It is expected seeds and fragments generated from the project will accelerate
recruitment in adjacent areas of the Indian River Lagoon (IRL).
SITE DELIVERABLES
• Big Slough (27.8179800, -80.432373°). Restore a 12.8 -acre seagrass habitat.
• Preachers Hole (27.777054°, -80.424806°). Restore a 10 -acre seagrass
habitat.
• Seagrass will be processed for planting by personnel trained at a Sea &
Shoreline LLC facility in the underserved community of Lincoln Park in
Fort Pierce, FL.
PARTNER ROLES, EXPERIENCE and Specific Design Considerations:
Seagrass (SG)
• Sea & Shoreline (S&S) will utilize proven seagrass restoration design and
installation at both seagrass sites utilizing Halodule wrightii (e.g., density
= planting units).
• Indian River County (IRC) and Sea & Shoreline (S&S) will conduct initial
seagrass assessments one-month post installation continuing to monitor monthly for the first
year and quarterly for the next two years.
• Grow SAVT" Herbivory Exclusion Devices will be placed temporarily for a period of 12 months on
10 -foot centers with 25 devices per acre.
SITE DESCRIPTION, DESIGN AND MONITORING
Big Slough Site Description: Big Slough (Indian River County, FL) is located three miles south of Sebastian
Inlet on the eastern side of the IRL surrounded by Melba Island and Pelican Island National Wildlife Refuge
(figure 1). The site's proximity to the inlet allows for improved water flow and water quality needed for
successful seagrass restoration projects. The natural islands adjacent to Big Slough shelter the site from
wave energy, reducing sediment transport and ultimately improving seagrass establishment.
Design: Indian River County will work with Sea & Shoreline to cultivate, plant and maintain 12.8 acres of
seagrass within Big Slough (Figure 2). The seagrass utilized in the project is a pure strain cultivar of
Halodule wrightii, originally collected from previous projects within the IRL. Seagrass will be harvested
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RYAN L. BUTLER, CLLRK
from an upland nursery and packaged into Mechanical Planting Units (MPU) and four -inch peat pots.
MPUs are pre -rooted plants in biodegradable mesh containers containing 1-3 apical meristems and a
proprietary blend of sediments promoting seagrass growth. Peat pots are larger planting units containing
up to 25 shoots, pre -rooted in a 4"x4" biodegradable fabric pot.
Sixty-four thousand MPUs will be installed on three-foot centers across the site. 1,600 peat pots will be
installed in groups of five and planted below GrowSAVTM herbivory exclusion devices. GrowSAVTM
herbivory exclusion devices will be deployed in clusters of five placed on 15 -foot centers for a total of 320
devices (Figure 3). The legs of the device bury in the sediment anchoring and keeping it flush with the
seafloor to prevent entrapment. Each cluster will be staked with PVC pipe to mark its location. The
exclusion devices will protect an area of seven -square feet preventing grazing from herbivores and
allowing the establishment of the peat pots. Seagrass educational signage will be installed at the site to
protect the newly installed MPUs and educate users.
Maintenance: During GrowSAVTM deployment, monthly maintenance events will remove drift algae and
biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVTM Herbivory
Exclusion Devices will be removed from the project site after twelve months.
Preachers Hole Site Description: Preachers Hole (Indian River County, FL) is located approximately four
miles south of the Sebastian Inlet and a mile north of the Wabasso Causeway (Figure 5). It is located on
the eastern side of the IRL. As the name suggests, the area is protected on all sides by a series of natural
islands creating a cove. The natural islands adjacent to Preachers Hole restoration site shelter the site
from wave energy, reducing sediment transport and will allow for seagrass establishment.
Design: The Preachers Hole project provides seagrass restoration for a total of 20 acres (Figure 6). The
Indian River County project will provide restoration for 10 acres within the site. Portions of the remaining
10 -acre restoration project is funded by the Florida Fish and Wildlife Foundation. Indian River County will
work with Sea & Shoreline to cultivate, plant and maintain 10 out of the 20 acres of seagrass within
Preachers Hole. The seagrass utilized in the project is a pure strain cultivar of Halodule wrightii, originally
collected from previous projects within the IRL. Seagrass will be harvested from an upland nursery and
packaged into Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in
biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of sediments
promoting seagrass growth. Peat pots are larger planting units that contain up to 25 shoots, pre -rooted
in a 4"x4" biodegradable fabric pot.
Fifty thousand MPUs will be installed on three-foot centers across the site 10 -acre project site. 1,250 peat
pots will be installed in groups of five and planted below GrowSAVTM herbivory exclusion devices.
GrowSAVTM herbivory exclusion devices will be deployed in clusters of five placed on 15 -foot centers for a
total of 250 devices (Figure 3). The legs of the device bury in the sediment anchoring and keeping it flush
with the seafloor to prevent entrapment. Each cluster will be staked with PVC pipe to mark its location.
The exclusion devices will protect an area of seven -square feet preventing grazing from herbivores and
allowing the establishment of the peat pots. Seagrass educational signage will be installed at the site to
protect the newly installed MPUs and educate users.
Maintenance: During GrowSAVTM deployment, monthly maintenance events will remove drift algae and
biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVTM Herbivory
Exclusion Devices will be removed from the project site after twelve months.
A TRUE COPY
ON L".ST PAGE
RUN L. UUTLER, CLLRK
Status of Consultation and Permits: Permits have been issued from the Florida Department of
Environmental Protection (FDEP) and the United States Army Corps of Engineers (USACE) for the
Preachers Hole Project. Permit applications were submitted to the FDEP and USACE for Big Slough on
September 4, 2024.
LEGEND
Restoration Overview - 12.8 Acres
D 2009 Seagrass Coverage
D 2021 Seagrass Coverage
ESRI Satellite
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PROJECT: Indian River Lagoon Seagrass Restoration
Drawn By: BK
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Location:
Project
Checked By: RB
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Indian River County, FL
EXHIBIT: Historic Seagrass Coverage
Date: 0Ma?Y01J6jp NO N011.b'DI�IJN:
LINE
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DRAWN FOR: Permitting
Sheet 03
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SEA &�
SHORELINE
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Location:
Indian River County, FL
LEGEND
Restoration Overview - 12.8 Acres
Approximate depth throughout footprint
ranges from 1 - 4 ft.
ESRI Satellite
-Ptgure 2 `
Indian River Lagoon Seagrass Restoration
Restoration Overview
DRAWN FOR: Permitting
Drawn By: BK
ed By: RB
A TRUE COPY
08/30t2W#:1CATIOPI ON LAST
3 L. BUTLER, CLLRK
eet 02
A TRUE COPY
CERTIFICATION ON L/' -ST PAGE
R` ,'A L. BUTLER, CLL K
Figure 3. GrowSAV'" Herbivory Exclusion Devices
deployed on 15 -foot centers in a cluster of five marked
with PVC poles.
SEA&q'
1ORELINE
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Location:
Indian River County, FL
ECT: Indian River Seagrass Restoration
Historic Seagrass Coverage
RWN FOR: Permitting
Drawn By: BK
Checked By: RB
Date: 2024-03-22
Sheet: 03
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LEGEND
Restoration Overview - 10 Acres
ESRI Satellite
Figure 5
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PROJECT: Indian River Seagrass Restoration Project
Drawn By: BK
Location:
SEAM
Checked By: RB
SHORELINE
Indian River County, FL
EXHIBIT: Project Overview
Date: 2024-09-03
DRWN FOR: IRLNEP Grant
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STATE OF FLORIDA
INDIAN RA&R COUNTY
THIS iS CERTIFY THAT THIS IS ATRUE AND CORRECT
COP E ORK3NWL Q"FIE IN THIS OFFICE
Rr N L RK
8Y —D.C.
DATE
GRANT NAME: Agency Cost -Share Agreement between the IRLNEP & IRC for the NOAA Grant GRANT # IRL2024N-08
AMOUNT OF GRANT: $1,073,506
DEPARTMENT RECEIVING GRANT: Natural Resources/Lagoon Division
CONTACT PERSON: Melissa Meisenbure TELEPHONE: ext. 1651
1. How long is the grant for? September 30, 2027 Expected Starting Date: October 1, 2024
YES NO
2. Does the grant require you to fund this function after the grant is over? X
3. Does the grant require a match? X
If yes, does the grant allow the match to be In -Kind services? X
4. Percentage of match to grant 0 %
5. Grant match amount required $0
6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)?
The matching funds are being provided from Sea & Shoreline. LLC In addition IRC is providing In -Kind support
7. Does the grant cover capital costs or start-up costs?
If no, how much do you think will be needed in capital costs or start-up costs:
(Attach a detail listing of costs)
8. Are you adding any additional positions utilizing the grant funds?
If yes, please list. (If additional space is needed, please attach a schedule.)
X No
No
Acct.
Description Position
Position
Position
Position
Position
011.12
Regular Salaries
011.13
Other Salaries & Wages (PT)
012.11
Social Security
012.12
1 Retirement — Contributions
012.13
Insurance — Life & Health
012.14
Worker's Compensation
012.17
S/Sec. Medicare Matching
Fourth Year
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the county over five years?
azer
Signature of Pre : / ! /�
g p Date:
Grant Amount
Other Match Costs Not Covered
Match
Total
First Year
$
$
$
$
Second Year
$
$
$
$
Third Year
$
$
$
$
Fourth Year
$
$
$
$
Fifth Year
$
$
$
$
azer
Signature of Pre : / ! /�
g p Date: