Fort Walton Beach Council agenda — 09-04-12 regular — reading text

no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. DEP Agreement No. CM234, Page 7 of 11 DEP 55 -236 ( 08/ 11) s )100J8 J01 uoisuaax3 4u8w99J6V lue-10 d3t7=1 : 6460 130 of Alnp luawaaase luejB qng :1u9wy3e:9V 21. GEOSPATIAL DATA A. If funds are provided under this Agreement for the collection or production of geospatial data e. g., GIS data layers, acquisition of topographic or bathymetric data or other remotely sensed data), the Grantee shall provide relevant information (e.g. expected dates of data collection, type of collection, flight lines, etc.) to the FCMP as early as practicable before data collection commences. B. This information will be shared with the NOAA office( s) having an interest in these types of data and the appropriate NOAA staff will work with the Grantee to ensure the data and the planned acquisition activities are registered in Geospatial One -Stop ( geodata.gov) and comply with OMB Circular A -16, Coordination of Geographic Information and Related Spatial Data Activities at: http:// www.whitehouse. gov/omb/ circulars/a016/ aOI6—rev.htrnl C. The Grantee shall document all new geospatial data it collects or produces using the metadata standards developed by the Federal Geospatial Data Committee (FGDC), and make that standardized documentation electronically accessible to NOAA, if requested. These standards can be found at http:// www.fgdc.gov/metadata/csdgm/. 22. STATE HISTORIC PERSERVATION OFFICER' S CLEARANCE A. If prehistoric artifacts such as potter or ceramics, stone tools or metal implements, or any other physical remains that could be associated with Native America cultures or early colonial or America settlement are encountered at any time, the project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The grantee or other designee should contact the Department' s Grant Manager and the Florida Department of State, . Division of Historical Resources, Compliance and Review Section at ( 850) 245 -6333. Project activities should not resume without verbal and/ or written authorization from the Division of Historical Resources. B. In the event that unmarked human remains are encountered during permitted activities, all work must stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statute. 23. PUBLICATIONS, PHOTOGRAPHS, AUDIOVISUALS & SIGNS Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Department' s Grant Manager for review and approval. This does not apply to the required quarterly reports referred to in paragraph 4 of this Agreement. A. Publications, printed reports ( other than the scientific, technical, or professional publications as identified in paragraph 22.B. below), videos, websites or other materials must include the NOAA logo ( logos can be found at the FCMP web site at http: / www.dei). / state .fl.us /cmp /grants /logos/ index.htm or contact the Department' s Grant Manager to get a copy) and the following statement on the cover of first page: This ( report/video /website/publication) was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. # NAIINOS4190073. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their subagencies." The next printed line shall identify the month and year of the publication. B. Publication of the results of research projects in appropriate professional journals is encouraged as an important method of recording and reporting scientific information. The Grantee is required to submit a copy to the Department when releasing information related to a funded project, which includes a statement that the project or effort undertaken was or is sponsored by the U.S. DEP Agreement No. CM234, Page 9 of 11 DEP 55 -236 (08111) s){00J8 X01 uoisualx3 luauiaaaBV lueao d3a3 : 6WO loo o1 A1np luewaaj6e 1uej6 qng :luauayoelly Department of Commerce. The Grantee is also responsible for assuring that every publication of material (including internet sites) based on or developed under an award, except scientific articles or papers appearing in scientific, technical or professional journals, contains the statement shown in paragraph 22. A. above. C. Grantees must complete a signed Photographer Release Form and/ or Model Release Form Attachment 3) to be submitted with project photos sent to the Department. D. Audiovisuals: Grantees must acknowledge NOAH support on any audiovisual ( e. g., website, video, slides, etc.) which is produced with this Agreement. Unless required under special terms of this Agreement, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public. The acknowledgment must not represent or suggest in any way that the views expressed are those of NOAA and must include the statement shown in paragraph 22. A. above. The Grantee must receive approval in writing from the Department' s Grant Manager before beginning production and distribution of any audiovisual (e. g., video, slides, etc.) funded under this Agreement. The Grantee must apply for approval at least thirty (30) calendar days in advance. The Grantee must also provide the Department' s Grant Manager with shooting scripts and provide two (2) copies of the audiovisual (e. g., video, slides, etc.) upon completion. E. Sign Requirements for Construction Projects: The Grantee shall erect a sign at the site of any construction project, maintain it during construction and the sign must remain at the site permanently. This requirement shall survive the completion date of the Agreement as established in paragraph 2. The sign must be at least 2' x Yin size and include the language shown below, and the NOAH, DEP and FCMP logos, which may be found at http: / www.dep. / state .fl.us /cmp /grants /logos /index.htm. Sign colors should complement the surrounding area. The following language is recommended: The Florida Coastal Management Program funded this project with a grant from the NOAH Office of Ocean and Coastal Resource Management awarded under the Coastal Zone Management Act." The next printed line shall identify the completion month and year of the project. F. Acknowledgement Requirement for Interpretive Signs & Banners: Interpretive signs and banners may include only the NOAA and FCMP logos. 24. CONTRACT PROVISIONS The Grantee agrees to comply with, and include in subcontracts and subgrants, the provisions contained in Attachment K, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment L, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 25. LAND ACQUISITION Land acquisition is not authorized under the terms of this Agreement. 26. SEVERABILITY CLAUSE If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in frill force and erect. 27. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. CM234, Page 10 of 11 DEP 55-236 ( 08/ 11)  s )100J8 col u0isu81x3 luau weft lueaO d343 6 6 loo of Ainp luaweeiBe lue-16 qng : 1u8uay0e11V r: IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF FT. WALTON BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Michael Beedie, Acting City Manager Sally B. Mann, Director Intergovernmental Programs Date: Domecia Allen DEP Grant Manager Approved as to form and legality: Approved as to form and legality: GRANTEE Attorney DEP Coastal Management Program Attorney FEED No.: 59- 6000323 DUNS No.: 079455101 CFDA No.: 11. 419 CFDA Title: Coastal Zone Administration Awards For Agreements with governmental boards/ commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/ commission must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (6 Pages) Attachment B Progress ss Report Form ( 2 Pages) Attachment C Payment Request Form (10 Pages) Attachment D Final Project Report Form ( 4 Pages) Attachment E Special Audit Requirements ( 5 Pages) Attachment F Certification of Applicability to Single Audit Act