HomeMy WebLinkAboutResolutions R24-09-716 - 09/16/2024 - Acceptance of an Award from GA DNR for a Land and Water Conservation Fund Grant - MCPPSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R24-09-716
A RESOLUTION OF THE CITY OF MILTON AUTHORIZING
THE ACCEPTANCE OF AN AWARD FROM THE GEORGIA DEPARTMENT OF NATURAL
RESOURCES FOR A LAND AND WATER CONSERVATION FUND GRANT
WHEREAS , O.C.G.A. § 36-35-3 provides that the governing authority of a
municipality may adopt clearly reasonable ordinances, resolutions, and regulations;
WHEREAS , O.C.G.A. § 36-87-2 provides that cities are authorized to participate in
federal grant programs , contract to participate in such programs, and accept and
expend grant funds subject to such terms as may be required by the grantor;
WHEREAS , on May 1, 2023, the City adopted a resolution authorizing the filing of a
pre-application for a land and water conservation fund grant for financial assistance to
construct six tennis courts , a tennis viewing pavilion, and a playground as well as the
reconfiguration and renovation of the parking lot at Milton City Park and Preserve in the
City of Milton ("Project");
WHEREAS , the Georgia Department of Natural Resources ("Department ") has
agreed to issue a grant to the City for financial assistance to the Project;
WHEREAS , the Department and the City desire to enter into an agreement
("Agreement") setting forth the terms and conditions of the Department's grant;
WHEREAS, pursuant to the Agreement the City agrees to accept grant funds from
the Department, in accordance with the terms specified therein; and
WHEREAS , pursuant to the Agreement the City agrees to designate sufficient funds
to assure the acquisition and/or development, operation and maintenance of the
Project;
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
Milton as follows :
1. The City hereby declares its ability and intention to finance the non-State
(local) share of the costs for the Project and declares that sufficient funds will
be available to assure effective operation and maintenance of the facilities
acquired or developed by the Project .
2. The terms and conditions of the attached Agreement, incl uding all
understandings and assurances contained therein, are hereby approved , and
the Mayor is hereby authorized to execute the Agreement.
3. The Mayor and appropriate City officials , consistent with their respective roles ,
are hereby authorized to accept the funds , act in connection with the Project,
provide such additional information as may be required , and take any and all
actions necessary to effectuate the purpose and intent of this resolution.
RESOLVED this / lo {J,, day of s; pfe:oiliet: 2024.
Attest:
STATE OF GEORGIA
COUNTY OF FULTON
CERTIFICATE
I, Tammy Lowit, do hereby certify that I am City Clerk for the City of Milton, Georgia.
As such, I keep its official records , including its minutes, and in that capacity do certify
that the attached Resolution , Number R J. ~ -01 -'11~ , was approved during the
___ /Vl.___,_,_i _._I fu--'-=_._V)---'--------City Council meeting.
I further certify that the foregoing two (2) pages constitute a true and correct copy
of the Resolution , and the original of said Resolution is on file at the offices of the City
Clerk.
Given under my hand and the Seal of the City of Milton , Georgia, this ~ day of
&ptemli,r-, 2024 .
Tammy Lowit
City Clerk, City of Milton
DEPARTMENT OF NATURAL RESOURCES
LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
Applicant (State Agency/City/County/Commission/ Authority): Project Number:
LWCF(FBMS)
City of Milton 13-01088 (P24AP00607)
Project Title: City Park and Preserve
Project Period:
Date of Approval (sigllature date oil Ile.xi page) thru December 31, 2026
Project Stage Covered by this Agreement: Entire Project
Project Scope (Description of Project):
The project in Milton, Georgia by the City of Milton will renovate the existing City Park and
Preserve to include:
1) Demolition of old and installation of new tennis courts and new viewing deck, fencing,
lighting;
2) Expansion of parking lot; and
3) Construction of playground.
By execution of this Project Agreement, the Applicant agrees to comply with the following
regulations , policies , guidelines, and requirements , as applicable to this project:
1. Georgia Department of Natural Resources Land and Water Conservation Fund Project
Agreement General Provisions (attached pages 3-20)
2. L WCF State Assistance Program Manual v72
3 . Project Application and Attachments
4. 2 CFR Part 200
5 . 36 CFR Part 59
Total Project Cost:
Grant Amount:
$ 1,000 ,000.00
$ 500 ,000.00
(Grant amount not to exceed 50 % of Total)
DNR Form (January 2022)
The Department of Natural Resources , represented by the Commissioner of the Department of
Natural Resources or his lawfully designated representative , and the Applicant named above
hereinafter referred to as the Applicant , mutually agree to perform this Agreement in accordance
with the Land and Water Conservation Fund Act , the L WCF State Assistance Program Manual ,
and the terms , promises , conditions , plans , specifications , estimates , procedures, project
proposals , maps , assurances , and certifications attached hereto or retained by the Applicant and
hereby made a part hereof.
The Department of Natural Resources promises , in consideration of the promises made by the
Applicant herein , to obligate to the Appl icant the amount of money referred to above , and to
tender to the Applicant that portion of the obligation which is required to pay the Department 's
share of the costs of the above project stage based upon t he above percentage of assistance. The
Applicant hereby promises, in consideration of the promises made by the Department herein , to
execute the project described above in accordance with the terms of this Agreement.
The following speci al project ter ms and conditions were added to this Agreement before it was
signed by the parties hereto :
In witness whereof, the parties have executed th is Agreement as of the date entered below.
STATE OF GEORGIA%
By ~;J V
~e) {1/
TREVOR SANTOS
State Liaison Officer
Date 1 /2-f /4'-I ---,7,....__.....,(f----------
2
PEYTON JAMISON
Mayor
Date 8epk-/Y\btv:: , (,,, JoJ t
.GEORGIA
DEPARTMENT OF NATURAL RESOURCES
WALTER RABON, COMMISSIONE R
August 1, 2024
Mayor Peyton Jamison
City of Milton
2006 Heritage Walk
Milton , Georgia 30004
RE : Land and Water Conservation Fund Grant
Project Name: City Park & Preserve enhancements
Project Number : P24AP00607 /13-01088
Dear Mayor Jamison:
We have received official notification from the U.S. Department of the Interior-National
Park Service that your Land and Water Conservation Fund (LWCF) project has been approved.
Attached is a copy of the project agreement containing the specific terms of the grant. Please note
that Build America, Buy America language is included in the general provisions and must be
adhered to .
After reviewing the grant agreement, please do the following :
■ have the local governing body pass and certify a resolution accepting the terms of
the grant,
■ secure the appropriate signature on both copies of the agreement, and
■ return both originals along with the resolution and certification to our office for
processing. Upon full execution, an original will be returned to you for your files .
Prior to starting any portion of this LWCF project, someone from your office will need to
attend a one-on-one fiscal work session either in person or via Zoom . Topics to be covered
include grants management, record-keeping procedures, and compliance with state and federal
guidelines. Please contact Julianne Carroll to schedule your work session. She can be reached at
Julianne .Carroll@dnr.ga.gov or 404.463.8393 .
We look forward to working closely with you and your staff to see this project come to
fruition after the long wait. If you should have any questions as we move through the grant
process, please call me at 404.463 .8629.
Enclosure
Si~1~
Antoinette Norfleet
Grants Program Manager
cc: Micaela Burke
2 MARTIN LUTHER KING JR. DRIVE I SUITE 1352 I ATLANTA, GEORGIA 30334
404.463.8629 I www.GADNR.oRG/LWCF
SAMPLE RESOLUTION
ST A TE OF GEORGIA
COUNTY OF _____ _
WHEREAS , at the (called or regular) meeting of the (grant recipient) of~--~~-Georgia
held on ______ day of ________ , 2024 a motion was made and duly seconded that (grant
recipient) agrees to the terms of the contract for a state grant between the Georgia Department of Natural
Resources and (grant recipient) for a grant of financial assistance to ____________ _
__ _, authorize (Principal Officer) to execute said contract on behalf of (grant recipient) , and accept the
grant provided for in said contract in the amount of ___________ _
NOW, THEREFORE BE IT RESOLVED by the (grant recipient) of_~_~_ County , Georgia
that the terms and conditions of the contract between the Georgia Department of Natural Resources and the
(grant recipient) are hereby agreed to , that the (Principal Officer) is authorized and empowered to execute
said contract and any subsequent amendments thereto on behalf of the (grant recipient) , and the grant provided
for in said contract in the amount of_~~-~---~ is hereby accepted to be used under the terms and
conditions of said contract, and that sufficient funds have been designated to assure the acquisition and/or
development , operation and maintenance of the facilities and/or delivery of services as identified in said contract.
Read and unanimously adopted in the (called or regular) meeting of the (grant recipient) held on
_____ day of ______ ., 2024.
ATTEST
(grant recipient)
Clerk of Grant Recipient ____________ County, Georgia
BY: ________________ _
(Seal)
Certification
I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Council
on the date so stated in the Resolution.
I further certify that I am the Clerk of the Council and that said resolution has been entered in the official
records of said Council and remains in full force and effect the ____ day of ______ , 2024.
Clerk Signature
Federal Employers Identification# ------------(needed in order to make grant payments)
GEORGIA DEPARTME T OF AT URAL RE SOURCES
LA D AND WA T ER CO FUND
PROJ ECT AGRE EME T G E E RAL PROVISIO S
Part J -Definitions
A . The term " PS" or "Service " as used herein means the ational Park Service, United States Department of the Interior.
B. The term "DNR" as used herein means the Department ofNatural Resources , State of Georgia .
C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the
authority to act for such Secretary .
D. The term "Commissioner" as used herein mean s the Commissioner of the Department of atural Resources , or any
representative lawfully delegated the authority to act for such Commissioner.
E. The term "SLO" as used herein means the State Liaison Officer for the Department of Natural Resources , or any
representative lawfully delegated the authority to act for such SLO .
F. The term "grant" as used herein means a grant of monies awarded pursuant to the Land and Water Conservation Fund
Act of I 965 .
G . The term "Applicant" as used herein means the state agency , city , county , commission, authority , or other local entity
which is a recipient of a grant. The terms "applicant," "grantee ," and "recipient" are deemed synonymous.
H . The term "project agreement" as used herein mean s the Department of Natural Resources Land and Water Conservation
Fund Project Agreement entered into between D R and the Appli cant and which governs the acceptance and usage of
the grant.
I. The term "manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual.
J. The term "project" as used herein means a Land and Water Con servation Fund grant, which is subject to the project
agreement and any subsequent amendments .
K . The term "State" as used herein means the state of Georgia.
Part II -Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund (hereinafter L WCF or
the Fund) project creates an obligation to maintain the property described in the project agreement and supporting application
documentation consistent with the Land and Water Con servation Fund Act of 1965 (hereinafter the Act or the L WCF A ct ) and
the following requirements .
Further, it is the acknowledged intent of the parties hereto that the recipient of assistance will use monie s granted hereunder for
the purposes of this program , and that assistance granted from the Fund will result in a net increase, commensurate at least with
the federal cost-share, in a participant's outdoor recreation .
It is intended by both parties hereto that assistance from the Fund will be added to , rather than replace or be substituted for , state
and local outdoor recreation funds.
A. The Applicant agrees , as recipient of this assistan ce, that it will meet the specific requirements of these general provisions
and that it will further impose these requirements, and the term s of the project agreement, upon an y political subdivision
or office thereof, or public agency to which fund s are transferred pursuant to the project agreement. The Applicant also
agrees that it shall be responsible for compliance with the term s of the project agreement by such a political subdivision
or office thereof, or public agency and that failure by such political subdivi s ion , or office thereof, or public agen cy to so
comply shall be deemed a failure by the Applicant to comply with the terms of thi s project agreement.
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B. T he Appli ca nt ag rees that th e prop erty described in th e proj ec t agree ment an d, if appl ic abl e, th e sig ned and dated project
bo undary ma p mad e part of that agre ement , is bein g acquired or deve lop ed with Land and Water Co nservati on Fund
ass istan ce, or is int egral to such ac qui sition or deve lo pm ent , and th at, wi th out th e approval of th e SL O and th e Sec retary ,
it shall not be co nv erted to oth er than publi c o utd oo r rec reati on use but sh a ll be mai ntain ed in publi c o utd oo r rec reation
in perp etui ty or fo r th e term of th e lease in th e case of leased prop erty . Th e SLO an d th e Sec retary sha ll app rove such
co nversion onl y if it is fo und to be in accord with T he Geo rg ia Pl annin g Ac t, T he Servi ce De liv ery Strategy Law, and
any oth er th en exi stin g comprehens ive statewid e o utdoo r rec reati on pl an and onl y up on such co nditi ons dee med
ne ces sary to ass ure the substituti on of oth er rec reati on properti es o f at least equal fa ir mark et value and o f reaso nabl y
equivalent usefuln ess and lo cati on pursuant to T itl e 36 Part 59.3 of th e Code of Fede ral Regu lations. Thi s re place ment
land becom es subje ct to Secti on 6(f)(3) pro tec ti on. Applic an t agrees and und erstand s th at fi na l app ro val fo r any such
co nve rsion is at th e so le d isc retion of th e Sec retary .
Pri or to th e completion of thi s proj ect, and subject to fin a l a ppro va l by th e Secretary, th e A ppli cant and th e SL O may
mutuall y a lter th e ar ea de sc rib ed in th e proj ect agree ment and , if a ppli ca bl e, the signed and dated proj ec t boundary map ,
to pro v id e th e most sati sfactory pub lic outdoo r rec reation un it, exce pt th at ac quired parc e ls are afford ed Sec ti on 6(f)(3)
pro tection .
In the event th e PS and DN R prov id e Land and Water Con se rv ati on Fund ass istan ce fo r the ac qm s1t1 on and/or
deve lopm ent of property with full know led ge that th e proj ect is subj ect to reversion ary ri ghts and outstand ing interest s,
co nversion of sa id prop erty to oth er than publi c o utd oo r rec reation uses as a res ult o f such rig ht or interes t be in g
exe rc ise d wi ll occ ur. In rec eipt of thi s a pproval, th e A pplicant agrees to noti fy DN R of th e potential co nvers ion as so on
as possib le and to seek approv al o f re place ment prop erty in acc ord wit h th e co nditi ons set forth in th ese prov is ions and
program re g ulati ons. T he pro v isions of thi s paragraph are a lso appli ca bl e to: leased prop erti es acqu ir ed an d/o r deve lo ped
wit h Fund ass istance wh ere such lease is termin ate d prior to its full term du e to the ex iste nce of prov isions in suc h leas e
kn own and agree d to by N PS and D R; and pro pert ies subj ec t to other o ut standin g rig ht s and interest s that may re sult in
a co nv ersion wh en known and agree d to by N PS and DN R .
C . T he Appli cant agrees th at th e benefit to be derive d by th e State an d the Un ited States fro m th e fu ll co mpli ance by th e
Appli cant with the term s o f thi s agree ment is th e prese rvati on , pro tect io n, and th e net in crease in th e qu ali ty of publi c
outd oor rec reati on fac iliti es and res ources whi ch are avai la bl e to th e peo pl e of th e Stat e and of th e United States , and
such bene fi t exceed s to an imm eas urabl e and un ascertain a bl e extent th e am oun t of mon ey furni shed by th e Stat e and th e
Un ited States by way of L WCF ass istan ce . T he Appli cant ag rees that pay ment by the A ppli cant to DN R or th e Unit ed
State s o f an amo unt equ a l to the am o unt of ass istance ex tend ed und er th e project agree ment by DN R an d th e Unit ed
State s would be inadequate co mp ensati on to DNR an d th e Unit ed States fo r an y breac h by th e A ppli cant of th e proj ect
agree ment.
The A pp licant furth er agrees, th ere for e, th at th e a ppropr iate remedy in th e eve nt of a br eac h by th e A ppli cant of th e
project agree ment shall be the spec ific perfo rm ance of sa id ag ree ment or th e submi ssio n and a ppro val of a co nversion-of-
use request as des cribed in Part 11.B ab ove .
D . T he A ppli cant agre es to co mpl y with th e manu a l poli c ies and pro cedures. Pro vis ion s of th e manu a l are in co rp orated into
and mad e a part of th e project agree ment.
E. T he A pp licant agrees that th e property and fa c il it ies described in th e proj ec t agree ment shall be op erated and maintained
as presc rib ed by appli cabl e Ma nual requirement s and appli ca bl e pu b li shed pos t-co mpl eti on co mpl ian ce re g ul ati ons (Title
36 Part 59 of th e Code of Federal Regulations).
F. T he A pp licant agrees th at a perman ent reco rd shall be ke pt in its publi c pro perty rec ords and ava il a bl e fo r publi c
in spection to th e effect that th e property describ ed in the sco pe o f the proj ect ag ree ment, and if appli cable , th e sign ed and
dat ed proj ect boundary map mad e part of th at agree ment , has been ac quired or deve lop ed with Land and Water
Con servati o n Fund ass istanc e and th at it ca nn ot be conve rt e d to oth er th an publi c o utdoor recreation use wi thout th e
wr itten approval of th e SLO and th e Sec retary.
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Part Ill -Project Assurances
A. The Applicant shall comply with applicable state and federal regulations, policies , guidelines and requirements as they
relate to the application , acceptance and use of federal funds for the project, including:
B.
2 CFR Part 200 , Uniform Administrative Requirements , Cost Principles , and Audit Requirements for Federal
Awards ;
2 CFR Part 180 & 1400 , on-Procurement Debarment and Suspension , previously located at 43 CFR Part 42 ,
"Government-wide Debarment and Suspension (Non-Procurement)";
43 CFR Part 18 , ew Restrictions on Lobbying;
FAR Clau se 52.203-1 2, Paragraph s (a) and (b), Limitation on Payments to Influence Certain Federal
Transactions ;
2 C FR Part 25 , System for Award Management (www.SAM .gov) and Data Universal Numbering System
(DUNS); and
2 CFR Part 170, Reporting Subawards and Executive Compensation
Project Application
I . The grant application bearing the same project number as the project agreement and associated documents is by
this reference made a part of the project agreement.
2 . The App li cant possesses legal authority to app ly for the grant, and to finance and construct the proposed facilities .
A resolution , motion or similar action has been duly adopted or passed authorizing the filing of the application,
including all understandings and assurance s contained herein , and directing and authorizing the person identified
as the official representative of the Applicant to act in connection with the application and to provide such
additional information as may be requi:ed .
3 . The Applicant has the capability to finance the non-federal share of the costs for the project . Sufficient funds will
be available to assure effective operation and maintenance of the facilities acquired or developed by the project.
C. Project Execution
I . The project period shall begin with the date of approval of the project agreement or the effective date of a waiver
of retroactivity and shall terminate at the end of the stated or amended project period unless the project is
completed or terminated sooner in which event the project shall end on the date of completion or termination .
2. DNR shall transfer to the Applicant all funds granted hereunder except those reimbursed to DNR to cover eligible
administrative expenses.
3 . The Applicant will cause work on the project to be commenced within a reasonable time after receipt of
notification that funds have been approved and assure that the project will be implemented to completion with
reasonable diligence.
4 . The Applicant shall secure completion of the work in accordance with approved construction plans and
specification s, and shall secure compliance with all applicable federal , state, and local laws and regulations.
5. In the event the project covered by the project agreement cannot be completed in accordance with the plans and
specifications for the project, the App li cant shall bring the project to a point of recreational usefulness agreed upon
by the SLO and the Secretary.
6 . The Applicant will provide for and maintain competent and adequate architectural/engineering supervi sion and
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inspection at the construction site to insure that th e completed work conforms to the approved plans and
specifications and will furnish progress reports and such other information as the DN R may require .
7. The Applicant will require the facility to be designed to comply with the Architectural Barriers Act of 1968 , as
amended (Public Law 90-480), relating to accessibility standards. The Applicant will be responsib le for
conducting inspections to insure comp liance with these specifications.
8 . The Applicant will comply with the terms of Title II and T itle Ill , the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 , as amended (P.L. 9 1-646), 94 Stat. 1894 (1970), and the applicable
regulations and procedures implementing the same for all real property acquisitions, and where applicable, shall
assure that the same has been complied with for property to be developed with assistance from the grant.
9. The Applicant will comply with the provisions of: Exec utive Order 11988, relating to evaluation of flood hazards ;
Executive Order 11288 , relating to the prevention , control, and abatement of water pollution , and Executive Order
11990 relating to the protection of wetland s.
I 0. T he Applicant will comply with the flood insurance purchase requirements of Section I 02(a) of the Flood Disaster
Protection Act of 1973 (Public Law 93-234) and the applicable manual provi sions relating to flood insurance and
requirements . Section I 02(a) requires the purchase of flood insurance in communities where such insurance is
available, as a condition for the receipt of any federal financial assistance for construction or acquisition purposes ,
for use in any area that has been identified as an area having special flood hazards by the Flood Insurance
Administration of the federal Eme rgency Management Agency .
11. The Applicant will assist the NPS in its compliance with Section I 06 of the National Historic Preservation Act of
1966 as amended (16 U.S.C. 470), Executive Order 11593 , and t he Archaeological and Historic Preservation Act
of 1966 ( 16 U.S.C. 469a-l et seq.) by (a) consu lting with the State Historic Preservation Officer on the conduct of
investigations, as necessary , to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to effects (see CFR Part 800.8) by the activity , and notifying the DNR and PS of
the existence of any such properties , and by (b) complying with all requirements established by NPS to avoid or
mitigate adverse effects upon such properties .
12. The Applicant will comply with "Minority Bu si nes s Ente rpri ses" and "Women 's Bu si ness E nterprises" pursuant to
Exec utive Orders 11625 , 12138 , and 124 32 as follows:
a) Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the
fullest extent practicable.
b) Make information on forthcoming opportunities available and arrange time frames for purchases and
contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's
business enterprises.
c) Consider in the contract process whether firms competing for larger contracts intend to subcontract with
small businesses , minority-owned firms , and women's business enterprises.
d) Encourage contracting w ith consortiums of small businesses , minority-owned firms and women's
business enterprises when a contract is too large for one of these firms to handle individually .
e) Use the services and assistance, as appropriate , of such organizations as the Small Business
Development Agency in the solicitation and utili zation of small business, minority-owned firms and
women's business enterprises.
The D R and PS Regional Offices will work closely with the Applicant to ensure full compliance and that grant
recipients take affirmative action in placing a fair share of purchases w ith minority business firms.
13. Applicant shall comply with the applicable provisions of 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5), relating to the employment of mechanics or laborers .
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14 . Applicant shall comply with the applicable standards, orders and/or regulations issued pursuant to the Clean Air
Act ( 42 U .S .C. §§ 740 I et seq.) and the Federal Water Pollution Control Act as amended (33 U.S .C. §§ 1251 et
seq.).
D. Contracts for Construction
I . Applicant shall comply with the applicable provisions of the equal opportunity clause as found in 41 CFR 60-1.4, in
accordance with Executive Order 11246, "Equal Employment Opportunity " (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity ," and implementing regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
2 . Applicant shall comply with the applicable provisions of the Copeland "Anti-Kickback" Act (40 U.S.C. 3145 ), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
3. Applicant shall comply with the applicable provisions of2 CFR 200 .
E. Retention and Custodial Requirements for Records
F.
I . All Applicant financial and programmatic records, supporting documents, statistical records, and all other
grant-related records shall be retained in accordance with 2 CFR 200 .333 to .337 for a period of three
years ; except the records shall be retained beyond the three-year period if audit findings have not been
resolved .
2. The retention period starts from the date of the final expenditure report for the project.
3. State and local governments are authorized to substitute copies in lieu of original records .
4 . The Secretary, the Comptroller General of the United States, and the SLO, or any of their duly authorized
representatives, shall have access to any books, documents , papers , and records of the Applicant and their
related departments which are pertinent to a specific project for the purpose of making audit , examination,
excerpts and transcripts .
Project Termination
I. The Secretary or the SLO may temporarily suspend fund assistance under the project pending corrective action by
the Applicant or pending a decision to terminate the grant by the NPS .
2 . The Applicant may unilaterally terminate the project at any time prior to the first payment on the project. After the
initial payment, the project may be terminated, modified , or amended by the Applicant only by mutual agreement
with the PS .
3 . The Secretary or the SLO may terminate the project in whole, or in part, at any time before the date of completion ,
whenever it is determined that the grantee has failed to comply with the conditions of the grant. The SLO will
promptly notify the Applicant in writing of the determination and the reasons for the termination , together with the
effective date . Payments made to Applicants or recoveries by the NPS and the DNR under projects terminated for
cause shall be in accord with the legal rights and liabilities of the parties.
4. The Secretary , the SLO , or the Applicant may terminate grants in whole, or in part, at any time before the date of
completion, when all parties agree that the continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds . The parties shall agree upon the termination conditions ,
including the effective date and , in the case of partial termination , the portion to be terminated. The Applicant
shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many
outstanding obligations as possible. The PS and the DN R may allow full credit to the Applicant for the federal
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G .
H.
share of the noncancelable ob li gations, properly incurred by the Applicant prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of
recreational usefulness agreed upon by the App lic ant, the SLO, and the Secretary or that all grant funds provided
pursuant to the project ag reement be returned .
Lobbying with A ppropriated Fu nd s
For recipients of grants in excess of$ I 00,000 , the provisions of3 l U.S.C . 135 2 must be certified as follows.
The Applicant certifies by execution of this agreement, to the best of his or her knowledge and belief, that:
(1) No federa l appropriated funds have be en paid or will be paid, by or on behalf of th e unders igne d, to any p erso n for
influ encing or attemptin g to influ ence an officer or employee of an agency, a Member of Co ngress, an officer or
emp loyee of Co ngress, or an employee of a Member of Co ngress in co nnecti on w ith th e awarding of any federal contract,
th e making of any federal grant , th e making of any federa l loan, th e enterin g int o of any cooperative agreement, and the
ex tension, co ntinuati on, renewal, amendment, or modifi cati on of any f ede ral co ntract , gra nt, loan , or coop erative
agreement.
(2) If any .fimds oth er than federal approp riated funds have been paid or wi ll be paid to any perso n for influencin g or
attempting to influ ence an officer or employee of any age ncy, a Me mb er of Co ngress , an officer or employee of Co ngress,
or an employee of a Member of Congress in co nn ecti on with this fede ral contract, grant , loan , or cooperati ve agreement,
th e undersig ned shall co mplete and submit Standard Form-LLL , "Disclosure Form to Repo rt Lobbying," in accordance
with its instru cti ons .
(3) The undersig ned shall req uire that th e language of this certifi ca tion be included in th e award documents for all
subawards at all ti ers (i ncluding subcontracts, sub g rants, and contracts under gra nts, lo ans, and coop erati ve
agreements) and that all subrecipients sha ll ce rt ify accordingly.
This certificati on is a material representation of fact upon which reliance was placed when this transac tion was made or
ent ered int o. Submi ss ion of thi s ce rtificati on is a prereq ui s it e for making or entering int o this tra nsa ction imp osed by
Sec ti on 135 2, Title 31 , U.S. Code . Any person who fails to file th e required certificati on shall be subject to a civil penalty
of not less than $ I 0, 000 and not more than $ I 00 , 000 fo r eac h such fa ilure.
ondiscriminati on
Applicant certifies that , as a condition to rece iving th e g rant, it will co mply w ith all federa l requiremen ts relating to
nondiscriminati on. These include, but are not limited to: (a) Exec utive Order 11 246, as amended; (b) Title VI of th e
Civ il Rights Act of 1964, as am ended (78 Stat . 252; 42 U.S.C. §§2 000d et seq.), which prohibits discrimi nation on th e
basis of ra ce , color, or national orig in ; (c) Title V, Sec ti on 504 a/th e Rehabilitation Act of 1973 , as amended (87 Stat.
394, 29 U.S. C. §794), which prohibits discriminati on on the basis of di sability; (d) the Age Discrim ination Act of
1975, as am ended (89 Stat. 728, 42 U.S.C. §§6101 et seq.), wh ich prohibits discrimination on th e basis of age, and
wi th all other appli cable federa l laws and regu lati ons prohibiting discrimination , to th e end that no p erson in th e
United S tates shall, on th e grounds of race , color, sex ual orientation, national orig in , di sability, religion, age, or sex ,
be exc luded from participation in , be den ied th e benefits of, or be o th envise subjected to discrimination under any
program or activity conducted by the applicant .
THE A PPLICANT HEREBY GI VES ASSURANCE THAT it wi ll imm ediately take any meas ures necessary to effec tuat e
thi s agree ment.
THIS ASSURANCE shall apply to all aspects of the app li ca nt's operati ons including those parts that have not rece ived or
benefi ted from federal financial assistance.
If any real property or structure th ereo n is provided or improved with th e aid of federa l financial ass istanc e extended to
th e Applicant, thi s ass urance shall obligate th e Appli ca nt , or in th e case of any tran sfe r of such property, any tran sferee ,
for the period during which it retains ownership or possession of the property. In all oth er cases, this as surance shall
8
ob ligate th e Applicant for th e p eriod during wh ich the federal finan cial assistance is ex tended to it.
THIS ASSURANCE is given in co nsideration of and for the purp ose of ob taining any and all fede ral gra nts, loans ,
contracts , property, discounts or other federal finan cial assistan ce extended after the date hereof to th e Applicant ,
including in stallm ent payments after such date on account of applications for f ederal financial assis tan ce whi ch we re
approved before such dat e.
The Applicant recognizes and agrees that such federal finan cial assistance will be extended in relian ce on the
representations and agreements made in this assurance, and that the United States shall have th e right to seek judicial
enforce ment of this assurance . This assurance is binding on th e Applicant, its successors, transferees , assigne es, and
subrec ipients and th e p ers on whose signature app ears on the agree ment and who is authorized to sign on behalf of th e
Applicant.
The Applicant agrees that it shall not discriminate against any pe rson on the basis of residenc e, exce pt to the extent that
reasonable differences in admission or other fee s may be maintain ed on the basis of residence as set forth in the Manual.
I. Certification Regarding Debarment, Suspension, Ineligibility. and Voluntary Exclusion -Lower T ier Covered Transactions
The Applica nt certifies , by submission of thi s agreement, that neither it nor its principals is presently debarred,
suspe nded, proposed for debarment, dec lared in elig ible , or vo luntarily excluded from participation in this transaction
by any federal department or agency. If th e App li cant is unable to make such certifica tion , th e Applicant must attach an
explanation to th e agree men t for submission to NPS.
J. Audit Requirement s
1) Non-federal entities that expend $750 ,000 or more during a year in federal awards shall have a single or pro gram-
specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C.
7501 et seq .) and 2 CFR Part 200 , Subpart F, which is available at http://www .ec fr.gov /cgi-bin/text-
idx ?SID =fd6463a5 I 7ceea3fa I 3e665e52505 I f4&node=s p2. l .200.f&rgn =div6 .
2) Non-federal entities that expend less than $750,000 for a fiscal year in federal awards are exempt from federal
audit requirements for that year, but record s must be availabl e for review or audit by appropriat e officials of PS ,
D R, and General Accounting Office (GAO).
3) Audits shall be made by an independent auditor in accordance with generally accepted government auditing
standards covering financial audits . Additional audit requirem ents applicable to this agreement are found at 2 CF R
Part 200, Subpart F, as applicable .
K. Recipient Employee Whistleblower Rights and Requirement to Inform Emplo yees of Whistleblower Rights
1) This grant and employees working on this proj ec t will be subject to the whistleblower rights and remedie s in the
pilot program on recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
ational Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal
Acquisition Regulation .
2) The Applicant shall inform its employees in writing , in the predominant language of the workforce , of employee
whistleblower ri g hts and protec tions under 41 U.S.C. 4712 , as de sc ribed in section 3.908 of th e Federal Acquisition
Regu lation.
3) The Applicant shall insert the substance of this clause , in cluding thi s subparagra ph (3), in all subawards or
subcontracts over the simplified acquisition threshold.
L. Reporting Executive Compensation
1) Reporting Total Compensation of Recipi ent Ex ecutives
9
a . You must report total compensation for each of your five most highly compensated executives for the
preceding comp leted fiscal year, if-
i. In the preceding fiscal year, you received-
a . 80 percent or more of your annual gross revenues from federal procurement contracts
(and subcontracts) and federa l financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
b. $25 ,000 ,000 or more in annual gross revenues from federal procurement contracts (and
subcontracts) and federal financial assistance subject to the Transparency Act, as defined
at 2 CFR 170.320 (and subawards); and
ii . The public does not have access to information about the compensation of the executives
through periodic reports filed under section l 3(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine
if the public has access to the compensation information , see the U.S. Security and Exchange
Commission total co mp ensation filings at http://www.sec .gov/answers/execomp.htm .)
b . You must report to D R the executive total compensation described above by the end of the month
following the month in whic h this grant is made, and annually thereafter.
2 ) Defini tio ns . For purposes of this section:
a . "Executive" means officers, managing partners , or any other employees in management positions .
b. "Total compensation " means the cash and noncash dollar value earned by the executive during the
preceding fiscal year and includ es the following (for more information see 17 CFR 229.402(c)(2)):
M. Conflicts of In terest
i. Salary and bonus .
ii. Awards of stock, stock options , and stock appreciation rights. Use the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Statement ofFinancial Accounting Standards o . 123 (Revised 2004) (FAS 123R), Shared Based
Payments .
iii. Earnings for serv ic es under non-equity incentive plans. This does not include group life ,
health , hospital ization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to a ll salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v . Above-market earnin gs on deferred compensation which is not tax-qualified.
vi . Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life in surance paid on behalfofthe employee, perquisites or
property) for the exec utiv e exceeds $10,000.
1) The Applicant must establish safeguards to prohibit its employees and sub-recipients from using their positions
for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The
Applicant is responsible for notifying D R in writing of any actual or potential conflicts of interest that may arise
during the life of this agreement. Conflicts of interest include any relationship or matter which might place the
Applicant or its employees in a position of conflict, real or apparent, between their responsibilities under the
agreement and any other outside interests . Conflicts of interest may also include, but are not limited to , direct or
1 0
indirect financial interests, close personal relationships, positions of trust in outside organizations , consideration of
future employment arrangements with a different organization , or decision-making affecting the agreement that
would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Applicant
and /or Applicant 's employees and sub-recipients in the matter.
2) DNR and, if applicable, the servicing Ethics Counselor for the Department of the Interior, will determine if a
conflict of interest exists. If a conflict of interest exists , D Rand PS will determine the feasibility of a mitigation
plan. Any such plan must be approved in writing by D Rand PS.
3) Failure to resolve a conflict of interest in a manner that satisfies DNR and NPS may be cause for termination of
the grant. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338 ,
Remedies for oncompliance, including suspension or debarment (see also 2 CFR Part 180).
4) The Applicant must comply with the applicable portions of2 CFR Part 1402 .
N. Reporting of Matters Related to Recipient Integrity and Performance
1) General Reporting Requirement
For grants where the L WCF share is $500 ,000 or greater, the recipient agrees to provide to D R the information
necessary for DNR to comply with the reporting requirements described to 41 U.S.C . 2313 as to integrity and
performance matters. This is a statutory requirement under section 872 of Public Law 110-417, as amended ( 41
U.S .C. 2313). As required by section 30 IO of Public Law 111-212, all information posted in the designated integrity
and performance system on or after April 15 , 2011 , except past performance reviews required for federal
procurement contracts, will be publicly available .
2) You must submit to DNR the information required about each proceeding that:
a) Is in connection with the award or performance of the grant;
b) Reached its final disposition during the most recent five year period ; and
c) Is one of the following:
i) A criminal proceeding that resulted in a conviction , as defined in paragraph (4) of this section ;
ii) A civil proceeding that resulted in a finding of fault and liability and payment ofa monetary
fine , penalty , reimbursement, restitution , or damages of$5 ,000 or more;
iii) An administrative proceeding, as defined in paragraph (4) of this section , that resulted in a
finding of fault and liability and payment of either a monetary fine or penalty of $5 ,000 or more ;
or reimbursement, restitution , or damages in excess of$ I 00,000; or
iv) Any other criminal, civil, or administrative proceeding if:
I . It could have led to an outcome described in paragraph (2)(c)(i), (2)(c)(ii), or (2 )(c)(iii)
above;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3 . The requirement to disclose information about the proceeding does not conflict with
applicable laws and regulations.
3) Reporting Frequency
During any period of time when you are subject to the requirement of this s~ction, you must report
proceedings information for the most recent five year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that there is no new information to report .
Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total
value greater than $10 ,000 ,000 must disclose semiannually any information about the criminal , civil , and
administrative proceedings.
4) Definitions . For purposes of this section:
11
0. Special Provisions
a) "Administrative proceeding" means a non-judicial process th at is adjudicatory in nature in ord e r
to make a determination of fault or li ability ( e.g., Securities and Exchange Commission
Administrative proceedi ngs , Civ ili an Board of Contract Appea ls proceedings , and Armed Services
Board of Contract A pp eals proceedings). T hi s in cludes proceedings at the federa l and stat e level
but on ly in co nn ect ion with perfo rm a nce o f a fe deral co ntract or grant. It does not in c lud e audits,
si te visits , correcti ve pl a ns, or inspection of deliverables.
b) "Convict ion" means a judgment or conviction of a criminal offense by any court of competent
jurisd iction, whether entered up o n a verdict or a plea, and inc lu des a conviction entered up on a
plea of nolo contend e re.
c) "Total value of c urr ently active grants, cooperative agreements, and procurement contracts "
includes :
i) Only th e federal s hare of the funding und er any fe d eral award with a recipient cost
share or match; and
ii) The value of all expected fundin g increments under a federal award and options, even
if not yet exerc ised.
lfapp lican t is a n entity other than a state government , a local govern ment, or a federally recognized Indian tribal
governm e nt , then A ppl icant agrees to th e fo ll owing provisions regarding public information and endorsements.
1) Public Information and Endorsements
a) Recipient shall not publicize or otherw ise c ir cu late promotional material (s uch as adverti sement s, sales
brochu res , pr ess releases, speeches, st ill a nd motion pictures , artic les , manuscripts , or other publi catio ns)
wh ich states or impli es governm e ntal , Departmental , bureau, or government employee e nd o rsement of a
business, product, service, or posi ti on which the Recipient represents . o release of information relating to
thi s award may state or imply th at the Government approves of the Recipient 's work products , or considers
the Recipient 's work product to be superior to other products or services .
b) A ll information submitted fo r publication or other public releases of information regarding this project shall
carry the fo ll owin g di sc lai mer.
c) The v iews and conclusions contained in thi s document are those of the authors and shou ld not be
inte rprete d as re prese ntin g the opinions or po li c ies of the U.S. Governm e nt. Mention of trade names or
co mm e rcial produ cts does not co nstitute their e nd orseme nt by the U.S. Gove rnm e nt.
d) Recipient mu st obtain prior Government a pp roval for any public information releases concerning this
award which refer to the De partme nt of the Inte ri or or any bureau or employee (by nam e or titl e). The
specific text , layout photographs , etc. of the proposed re lease must be submitted with the request for
a pp roval.
e) Recipient further agrees to include thi s provision in a s ubaward to a subrec ipi ent, except for a subaward to
a State government, a local government, o r to a federally recognized Indi a n tribal government.
2) Trafficking i~ Person s
This term of award is pursuant to paragraph (g) of Se ction I06 of the Trafficking Victims Protection s
Act of 2000, as amended (2 CFR Section 175.15 ).
If Applicant is a private entity , Applicant agrees to the following provision s :
1. You as the Recipient, your employees , subrecipients under this award, a nd subrecipients ' emp loyees
may not-
12
i. Engage in severe forms of trafficking in perso ns 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 performan ce of the award or subawards under the award.
For purposes of this Section, the following definitions apply.
I . "Employee" means either :
i. An individual emp lo yed by you or a subrecipient who is engaged in the performance of the project
or program under thi s 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 lim ited to , a volunteer or individual whose services are
contributed by a third party as an in -kind con tribution toward cost sharing or matchin g
requirements.
2 . "Forced labor" means labor obtained by any of the following methods : The recruitment,
harboring, tran sportation, provision , or obtaining of a person for labor or services, through the use of
force, fraud , or coerc ion for the purpose of subjection to involuntary servitude, peonage , debt
bondage, or slavery.
3 . "Private entity " means :
i. Any entity other than a State, loca l government, Indian tribe , or foreign public entity, as tho se
terms are defined in 2 CFR 17 5.25; and
ii . Includes:
a. A nonprofit organ ization, includin g any nonprofit institution of higher education ,
hospital , or tribal organization other than one included in the definition of Indian tribe at 2
CFR I 75 .25(b).
b . A for-profit organization.
4 . "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).
3) Minimum Wages Under Executive Order 13658 (January 2015)
(a ) Definitions. As used in this clause-
"United States " means the 50 states and the Di strict of Co lum bia .
"Worker"-
(I) Means any person engaged in performing work on , or in connection with , an agreement covered by
Exec utive Order 13658 , and
(i) Whose wage s under such agreements are governed by the Fair Labor Standards Act (29 U.S.C. chapter
8), the Service Contract Labor Standards statute (4 1 U.S.C. chapter 67), or the Wage Rate Requirements
(Co nstruction ) statute ( 40 U.S .C. chapter 31 , subchapter IV),
(i i) Other than individuals employed in a bona fide executive, administrative, or professional capacity , as
13
those terms are defined in 29 C.F.R. § 541.
(iii ) Regardless of the co ntractua l relationship alleged to ex ist between the indi vidual and the employer.
(2) In c lud es workers perfo rmin g on . or in connectio n wi th . t he ag reement w hose wages are ca lcu lated
pursuant to specia l certificates issued under 29 U.S.C. § 214( c).
(3) Also includes any person working on , or in connection with. the agreemen t and individuall y registered
in a bona fide apprenticeship or training program registered with the Department of Labor's Employment
and Traini ng A dmini strati on. Office of Apprentices hip , or wi th a State Ap prenti ceship Agency recognized
by th e Office of Ap pr entices hip .
(b) Execu tive Order Min imum Wage rat e.
(I ) The Recipient s hall pay to workers , while performing in the United State s, and perfo rmin g on, or in
co nn ecti o n with, thi s ag ree ment, a minimum hourly wage rate of$ I 0 .10 per hour beginning January I ,
2015 .
(2) The Recipient sha ll a dju st the minimum wage paid , if necessary , beginning January I , 2016 and
annually thereafter, to meet th e Secretary of Labor's ann ual E.O. minimum wage . T he Admi ni strator of the
Department of Labor's Wage and Hour Division (the Administrator) will publ is h annual determin atio ns in
the Fe d eral Reg iste r no later than 90 days befo re the effective date of the new E.O. minimum wage rate.
T he Admi nistrator will a lso publi sh the ap pli ca bl e E.O . minimum wage on 1v111w .wdol.go v (or any
successor Web site) and on all wage determinations issued under the Service Contract Labo r Standards
statute or the Wage Rate Requirements (Construction ) statute. The applicab le published E.O. minimum
wage is in co rp o rated by refere nce into thi s agreement.
(3) (i) The Recipient may request a price adjustment on ly after the effective date of the new annual
E.O . minim um wage determination . Prices will be adjusted on ly if labor costs increase as a result of an
increase in th e annua l E.O. minimum wage, and for associated labor costs and relevant subaward costs .
Associated labor costs s hall in c lud e increases o r decreases that result from changes in social security and
unemployment taxes and workers' com pensatio n insurance, but wi ll not otherwise include any amou nt for
general an d administrative costs, overhead , or profit.
(ii) Subrecipients may be entitl ed to adjustments due to the new minimum wage, pursuant to paragraph
(b )(2). Recipients sha ll cons id e r any Subrec ipi ent requests fo r such price adjustment.
(i ii ) T he Awardin g Officer will not adjust the agreement price under this c lau se for any costs other than
those identified in paragraph (b)(3)(i) of thi s c lause, and will not provide duplicate price adj ustments with
any price adjustment under c lauses implementin g the Service Contract Labor Standards statute or the Wage
Rate Requirements (Co nstruction) statute.
( 4) T he Recipient warra nt s that the prices in this agreement do not include allowance for any contin gency
to cover increased costs for which adjustment is provided under this clause .
(5) The Recipient shall pay . un conditionall y to each worker. all wages due free and clear without
su bseq uent rebate or kickback . T he Recipient may make deductions that reduce a worker's wages below the
E.O. minimum wage rate o nly if d one in accordance with 29 C.F.R. § I 0 .23, Deductions .
(6) The Recipient s hall not discharge any part of its minimum wage ob li gation under th is clause by
furnishing fringe benefi ts or, with respect to wo rk ers whose wages are governed by the Service Contract
Labor Standards statute, the cash equivalent thereo f .
(7) othing in thi s clause s hall excuse the Recipient from compliance with any applicable Federal or State
prevailing wage law or any applicable law o r municipal ordi nance establish in g a minimum wage higher
than the E.O. minimum wage . However, wage increases under such other laws or municipal ordinances are
14
not subject to price adjustment under this subpart.
(8) The Recipient shall pay the E .O . minimum wage rate whenever it is highe r than any applicable
collective bargaining agreement(s) wage rate.
(9) The Recipient shall follow the policies and procedures in 29 C.F.R. § I 0.24(b) and I 0.28 for treatment
of workers engaged in an occupation in which they customarily and regularly receive more than $30 a
month in tips. '
I
( c) (I) This clause applies to workers as defined in paragraph (a). As provided in that definition -
(i) Workers are covered regardless of the contractual relationship alleged to exist between the Recipient or
Subrecipient and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29
U.S .C. § 214( c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or trai n ing program registered with
the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a
State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered .
(2) This clause does not apply to-
(i) Fair Labor Standards Act (FLSA) -covered individuals performing in connection with contracts
covered by the E .O ., i.e . those individuals who perform duties necessary to the performance of the
agreement, but who are not directly engaged in performing the specific work called for by the agreement,
and who spend less than 20 percent of their hours worked in a particular workweek performing in
connection with such agreements;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S .C. § 213(a) and
214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate
Requirements (Construction) statute. These individuals include but are not li mi ted to-
(A) Learners, apprentices , or messengers whose wages are calculated pursuant to special certificates issued
under 29 U .S.C. § 214( a).
(8) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 2 l 4(b ).
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S .C. §
lli(a)(l) and 29 C.F.R . § part 541).
(d) Notice . The Recipient shall notify all workers performing work on, or in connection with , this
agreement of the applicable E.O . minimum wage rate under this clause. With respect to workers covered by
the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the
Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the
applicable wage determination under those statutes. With respect to workers w hose wages are governed by
the FLSA , the Recipient shall post notice, utilizing the poster provided by the Administrator, which can be
obtained at 1v111w .dol.govl ivhdlgovcontracts, in a prominent and accessible pl ace at the worksite . Recipients
that customarily post notices to workers electronically may post the notice electronically provided the
electronic posting is displayed prominently on any Web site that is maintained by the Recipient, whether
external or internal, and customarily used for notices to workers about terms and conditions of
employment.
(e) Payroll Records. (I) The Recipient shall make and maintain records, for three years after completion of
the work , containing the following information for each worker :
1 5
(i) ame, address , and soc ial security number;
(i i) T he worker's occupation(s) or classification(s);
(iii) T he rate or rates of wages paid ;
(iv) The number of daily and weekl y hours worked by each worker;
(v) Any deduction s made ; and
(v i) Total wages paid .
(2) The Recipient shall make record s purs uant to paragraph ( e )(I) of thi s clause available for inspection and
transcription by authorized representatives of the A dministrator. The Recipient shall also make s uch
records available upon request of the Contracting Officer.
(3) The Recipient shall make a copy of the agreement availab le, as applicable, for inspection or
transcription by authorized representatives of the A dministrator.
(4) Failure to comply with this paragraph (e) shall be a violation of29 C.F.R. § 10.26 and this agreement.
U pon direction of the Administrator or upon the Awarding Offi cer's own action , payment shall be withheld
until such time as the noncompliance is co rrected .
(5) othing in this clause limits or otherwise modifies the Recipient 's payroll and recordkeeping
obligations, if any, und e r the Service Contract Labor Standards statute, the Wage Rate Requirements
(Co nstruction) statute, the Fair Labor Standards Act, or any other applicable law .
(f) Access. The Recipient s hall permit authorized representatives of the Administrator to co ndu ct
investigations, including interviewin g workers at the worksite during normal working hours .
(g) Wi thh olding. The A warding Officer, upon his or her own acti on or upon written request of the
Administrator, will withhold funds or cause funds to be withheld , from the Recipient under this or any
o ther Federal agreement with the same Recipient, s uffi cient to pay workers th e full amount of wages
required by this clause .
(h) Disputes. Department of Labor has set forth in 29 C.F .R. § I 0.51, Di s putes concerning Recipient
compliance, the procedures for resolving disputes concerning an Recipient 's compliance with Department
of Labor regulations at 29 C.F .R. § I 0. Such disputes shall be reso lved in acco rdance with those. This
includes disputes between the Recipient (or any of its Subrecipients) and the contracting agency , the
Department of Labor, or the workers or their re pr esentatives .
(i) Antireta/iation. The Recipient shall not discharge or in any other manner discriminate against any
wo rker because such worker has filed any complaint or instituted or caused to be instituted any proceeding
under or related to compliance with the E.O . or this clause, or has testified or is about to testify in any suc h
proceeding.
U) Subco ntractor co mpliance. The Recipient is re s ponsible for Subrecipient compliance with the
requirements of this clause and may be held liable for unpaid wages due Subrecipient workers .
(k) S ubawards. The Recipient shall include the substance of this clause, including this paragraph (k) in all
s ubawards, regardless of dollar value, that are subject to the Serv ice Contract Labor Standards statute or the
Wage Rate Requirements (Construction) statute , and are to be performed in whole or in part in the U nited
States.
P. Build America, Bu y America
16
ote: This term effective as of January I 3, 2023. For more information on Department of Interior 's approved waiver,
see: Approved DOI General Applicabili ty Waivers I U.S . Department of the Interior
As required by Section 70914 of the Bipartisan Infrastructure Law (a lso known as the
Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14 , 2022, none of the
funds under a fe deral award that are part of Federal financial assistance program for
infrastructure may be obligated for a project unless all of the iron, stee l, manufactured
products, and construction materials used in the project are produced in the Un it ed States,
unless s ubj ect to an approved waiver. The requirements of this section must be included in all
s ubawards, in c ludin g all contracts a nd purchase orde rs for work or products und er this
program. Recipients of an award of Federa l financial assistance are hereby notified that none
of the funds provided under this award may be used for a project for infrastructure unless:
all iron and stee l used in the proj ect are produced in the United States--this means a ll
manufacturing processes , from the initial melting stage through the app licati on of
coatings, occurred in the United States ;
2. all manufactured products used in the project are produced in the Un it ed States -
this means the manufactured produ ct 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, unl ess another stan dard for determining the
minimum amount of domestic content of the manufactured product has been
estab li s hed under applicable law or regulation; and
3. all co nstruction materials are manufactured in the Uni ted States-this means that
all manufacturing processes for the construction material occurred in the United
States.
The Buy America preference only applies to artic les , materials , and supplies that are
consumed in, incorporated into , or affixed to an infrastructure project. As such, it does not
app ly to tools, e quipm e nt , and supp li es, s uch as temporary scaffo ldin g, broug ht to the
construction site and removed at or before the comp letion of the infrastructure project. or
does a Buy America preference apply to eq uipm ent and furnishings , such as movable chairs,
desks, and portabl e computer equipment, that are used at or w ithin the finished infrastructure
project, but are not an integral part of the structure or permanently affixed to the
infrastructure project.
For further information on the Buy America preference, please v isit
www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White
House Made in America Office website: www.whitehouse .gov/omb/management/made-in-
america/.
Waivers
When necessary , recipients may app ly for, and the Department of the Interior (DOI) may
grant, a waiver from these requirements, subject to review by the Made in America Office .
T he DOI may that one of the below c ir cumstances applies:
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1. Non-availability Waiver: 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 ;
2. Unreasonable Cost Waive r: 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 ; or
3. Public Interest Waiver : applying the domestic content procurement preference
would be inconsistent with the public interest.
There may be instances where an award qualifies , in whole or in part, for an existing DOI
general applicability waiver as described at:
www.d o i.gov/grants/BuyAm e ri ca/GeneralApplicabilityWaivers .
If the specific financial assistance agreement, infrastructure project, or non-domestic
materials meets the criteria of an existing general applicability waiver within the limitations
defined within the waiver, the recipient is not required to request a separate waiver for non-
domestic materials. If a general applicability waiver does not already apply, and a recipient
believes that one of the above circumstances applies to an award , a request to waive the
application of the domestic content procurement preference may be submitted to the financial
as s istance awarding officer in writing. Waiver requests shall inc lude the below information.
The waiver shall not include an y Privacy Act information , sen s itive data, or proprietary
information within their waiver request. Waiver requests will be posted to
www.d o i.gov/grants/bu y am e ri c a and are subj ect to public comment period s ofno less than
15 day s. Waiver requests will al so be reviewed by the Made in America Office .
1. Type of waiver requested (non-availability , unreasonable co s t , or public interest).
2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.
3 . Department of Interior Bureau or Office who is sued the award .
4 . Federal financial assi s tance listing name and number (reference block 2 on DOI
Notice of Award)
5. Financial assistance title of project (re ference block 8 on DOI Notice of Award).
6 . Federal Award Identification Number (FAIN).
7. Federal funding amount (reference block 11 .m. on DO Notice of Award).
8 . Total cost of Infrastructure expenditures (includes federal and non-federal funds to
the extent known).
9. Infrastructure project description(s) and location(s) (to the extent known).
10 . List of iron or steel item(s), manufactured goods, and construction material(s) the
recipient seeks to waive from Buy America require ments . Include the name , cost,
countries of origin (if known), and relevant PSC or NAICS code for each .
11. A certification that the recipient made a good faith effort to solicit bids for
domestic products supported by term s included in requests for proposals , contracts,
and nonproprietary communications with the prim e contractor.
12. A statement of waiver justification, including a description of efforts made ( e.g .,
market research , industry outreach) by the recipient, in an attempt to avoid the need
for a waiver. Such a justification may cite , if applicable , the absence of any Buy
America-compliant bids received in respon se to a solicitation.
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13. Anticipated impact if no waiver is issued. Approved waivers will be posted at
www.doi .go v/grants/Bu y America/ApprovedWaivers; recipients requesting a waiver
will be notified of their waiver request determination by an awarding officer.
Questions pertaining to waivers should be directed to the financial assistance awarding
officer.
D efiniti ons
"Construction materials" includes an article , material , or supply that is or consists primarily
of:
• Non-ferrous metals ;
• Plastic and polymer-based products (including polyvinylchloride , composite
building materials , and polymers used in fiber optic cables);
• Glass (including optic glass);
• Lumber; or
• Drywall.
"Construction Materials " does not include cement and cementitious materials , aggregates
such as stone , sand , or gravel , or aggregate binding agents or additives .
"Domestic content procurement preference " means all iron and steel used in the project are
produced in the United States ; the manufactured products used in the project are produced in
the United States ; or the construction materials used in the project are produced in the United
States .
"Infrastructure " includes, at a minimum , the structures , facilities , and equipment for , in the
United States , road s, highways , and bridges ; public transportation; dams, ports, harbors, and
other maritime facilities; intercity passen ger and freight railroads ; freight and intermodal
facilities ; airports ; water systems, including drinking water and wastewater systems ;
electrical transmission facilitie s and systems ; utilities ; broadband infrastructure ; and
buildings and real property. Infrastructure includes facilities that generate , transport, and
distribute energy .
"Project " means the construction , alteration , maintenance , or repair of infrastructure in the
United States .
Q. Ensuring the future is made in all of America by all of America 's workers per E .O.14005 (dated January
25, 2021)
Per Executive Order 14005 , entitled "Ensuring the Future is Made in All of America by All of
America 's Workers " the Recipient shall maximize the use of goods , products , and materials
produced in and services offered in , the United States , and whenever possible , procure goods ,
products , materials and services from sources that will help American businesses compete in
strategic industries and help America 's workers thrive.
R . Lobbying Prohibition
18 U .S.C . § 1913 , Lobbying with Appropriated Money s, as amended by Public Law 107-273 , Nov. 2 ,
2022. Violations of this section shall constitute violations of section 1352 (a) oftitle 31. In addition ,
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the re lated restri ction s n the use of approp riated funds found in Div . F, § 402 of the Omnibus
Appropriations Act of 2008 (P.L.110 -16 1) also apply.
S. Assignme nt
No part of this agree m ent sha ll be assigned to any other party w ith out prior written approval of DNR.
T. Rights in Data
The Applicant must grant DNR and the Unite d States of America a roya lty-free , non-exclusive and
irrevocable license to publish, reproduce and u se , and dispose of in any manner and for any purpose
witho ut limitation , and to authorize or ratify public ation , reproduction or use by others , of a ll
copyrightable material first produced or com po sed under th is Agree m ent.
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