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

or more is not authorized under the terms of this Agreement. 16. CHANGE ORDERS The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee' s cost or time, shall require formal amendment to this Agreement. 17. QUALITY ASSURANCE [ Not Applicable] If the Grantee' s project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62 -160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, Attachment I, Quality Assurance Requirements, attached hereto and made a part hereof. 18. DISCRIMINATION A. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at ( 850) 487 -0915. B. The Grantee agrees to comply with the provisions of 15 CFR Part 8 " Nondiscrimination in Federally Assisted Programs." No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in the performance of this Agreement. 19. DEBARMENT /SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1326), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by NOAH to the Department. 20. COPYRIGHT, PATENT AND TRADEMARK The U.S. Department of Commerce, NOAA and the Department reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: A. The copyright iu any work developed under a grant or contract under a grant. B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support. C. All patent rights, copyrights and data rights must be in accordance with 15 CFR 14. 36 and 15 CFR 24. 34, as applicable. DEP Agreement No. CM234, Page 8 of 11 DEP 55 -236 ( 08/ 11) s )100a8 X01 uoisua ;x3 IuawaaaBV WWO d3U3 : 6 60 Io0 of Alnp ; uawaa-iBe; ue.& qng quawyoe; ;V 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/ aOl6 /a016 rev.html. 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.dep. / state .fl.us /cmn /zrants /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. 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 I1 DEP 55 -236 ( 08/ 11)  uauaaaa6e ; ueal3 qng : ;uauay0eply s )looag Jo; uolsua ;x31uew98JBV lueaD d3a4 : 6664) 300 03 fIn(' ; 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 J) to be submitted with project photos sent to the Department. D. Audiovisuals: Grantees must acknowledge NOAA support on any audiovisual ( e. g., website, video, slides, etc.) which is produced with this Agreement. Unless required under special terms of this Agreement, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public. The acknowledgment must not represent or suggest in any way that the views expressed are those ofNOAA 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. 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 beat least 2' x Yin size and include the language shown below, and the NOAA,