Item O03 0.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: 0.3
Agenda Item Summary #5443
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
N/A
AGENDA ITEM WORDING: Approval of Sub-recipient Agreement with The Nature
Conservancy to implement the Coral Reef Restoration Project with $578,308 allocated from Monroe
County's RESTORE Act Local Pot funding with Grant No. 1 RDCGR1700068.
ITEM BACKGROUND:
This sub-recipient agreement between Monroe County and The Nature Conservancy follows the
formal acceptance of the grant award from the US Treasury by the BOCC in January 2018.
Monroe County is the recipient of the award, The Nature Conservancy if the sub-recipient of the
award. As such, it is required that Monroe County execute a sub-recipient agreement with The
Nature Conservancy. The sub-recipient agreement pursuant to 2 CFR 200 requirements and Treasury
rules for RESTORE Act grants. This sub-recipient agreement has been reviewed by the Treasury.
The Nature Conservancy will provide the match indicated in the award ($40,000 cash match and a
$200,000 in-kind match.) There is no match provided from Monroe County.
The Coral Restoration Project is one of the three projects recommended by the Monroe County's
RESTORE Act Local Advisory Committee for the Local Pot funding and subsequently approved by
the Monroe County Board of County Commissioners, which are included in the County's RESTORE
Act Multi-Year Implementation Plan.
The Board allocated $1.1849m in the County's local pot for the following projects in the following
amounts:
• Coral Restoration, $578,308;
• Canal Restoration—Monroe County, $478,308; and
• Canal Restoration—Islamorada, $128,308.
We expect to receive the final grant award notices for the two Canal Restoration projects from the
Treasury shortly.
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The US Department of Treasury is the granting agent for RESTORE Act grants and will oversee all
agreements and sub-recipient agreements. All grant activities are subject to federal grant regulations
in 2 CFR 200.
The $1.849M allocated to these projects are the result of the one-time settlement amount by
Transocean.
An additional $6.5M in additional funds to Monroe's Local Pot will be paid by BP per a 15 year
payout schedule (about $440,000 per year through 2031.) All of these funds will be applied to Canal
Restoration per the Board's direction in Resolution 276-2016.
PREVIOUS RELEVANT BOCC ACTION:
• January 23, 2019, BOCC approval/acceptance of grant award 1RDCGR1700067-01-00 for
$578,308 for the implementation of a Coral Reef Restoration project.
• April 2016 Treasury Approval of Monroe County Multi-Year Implementation Plan.
• September 16, 2015, BOCC approved Resolution 252-2015 adopting the Monroe County
Multi-Year Implementation Plan, a requirement for determining projects to be funded with
RESTORE Act Local Pot funds.
• February 18, 2015, BOCC approved three projects for inclusion in the MYIP for funding
from the RESTORE Act Local Pot("Direct Component").
• December 11/12, 2015, Local Advisory Committee evaluated and ranked projects for
funding from the RESTORE Act Direct Component("Local Pot").
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County Subrecipient Agreement with TNC FINAL revised 5 8 19
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: $578,308
Total Cost to County: $0
Current Year Portion:
Budgeted: Yes
Source of Funds: RESTORE Act Local Pot
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Limbert Completed 04/02/2019 11:39 AM
Bob Shillinger Completed 04/02/2019 12:06 PM
Budget and Finance Completed 04/02/2019 1:35 PM
Maria Slavik Completed 04/02/2019 2:49 PM
Kathy Peters Completed 04/02/2019 3:13 PM
Board of County Commissioners Completed 04/17/2019 9:00 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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SUBAWARD AGREEMENT BETWEEN THE NATURE CONSERVANCY AND MONROE
COUNTY, FLORIDA PERTAINING TO THE DIRECT COMPONENT PORTION OF
THE RESTORE ACT TRUST FUND MONIES ALLOCATED
TO MONROE COUNTY WITH GRANT NUMBER RDCGR170068
THIS SUBAWARD AGREEMENT (hereinafter "Agreement") is entered into by and between MONROE
COUNTY, a political subdivision of the State of Florida, with an address of 1100 Simonton Street, Key West
Florida 33040,by and through its Board of County Commissioners, (hereinafter the "COUNTY"),and The Nature
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Conservancy, a not-for-profit entity of the State of Florida, with an address of 4245 N. Fairfax Dr. Suite 100, 0
Arlington VA 22203-1637, (hereinafter the "SUBRECIPIENT"), and having a DUNS number of 072656630, for
the receipt of a subaward of funds made available through a federal award to the COUNTY.
WITNESSETH:
WHEREAS,the COUNTY,recognizing that substantial funds of money could be made available to the COUNTY
through the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012 under CFDA 921.015 (hereinafter"the RESTORE Act")which established the Gulf Coast
Restoration Trust Fund,developed and submitted a Multiyear Implementation Plan to the United States Department oo
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of Treasury (hereinafter"TREASURY")pursuant to all applicable rules and requirements; and
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WHEREAS, said Multiyear Implementation Plan consisted of three initial projects, one of which is the
SUBRECIPIENT's project,"Coral Reef Restoration for Environmental and Economic Enhancement of the Florida
Keys"; and
WHEREAS, the Multiyear Implementation Plan was accepted by the TREASURY in April 2016, which
authorized the COUNTY to apply for financial assistance from the Gulf Coast Restoration Trust Fund to be used
to fund activities and projects consistent with the Multiyear Implementation Plan; and
WHEREAS,the COUNTY has been awarded a RESTORE Act allocation of five hundred seventy eight thousand E
three hundred eight dollars and fifty cents ($578,308.50), under Federal Award Identification Number
RDCGR170068, awarded to the COUNTY on 10/30/2018,by the United States Department of Treasury; and
WHEREAS, the SUBRECIPIENT has requested funds from the COUNTY for the Coral Reef Restoration for
Environmental and Economic Enhancement of the Florida Keys to grow coral in undersea and land-based nurseries
located throughout the Florida Keys which will then be outplanted on reefs between Key Largo and Key West
where they will kick-start reproduction and reef recovery for the future; and
WHEREAS, the COUNTY, acting as a pass-through entity, and the SUBRECIPIENT desire to enter into a U
Subrecipient Agreement in accordance with 2 C.F.R.Part 200, to allow the SUBRECIPIENT to utilize an allocated 0
sum of the COUNTY'S portion of Gulf Coast Restoration Trust Fund to carry out the project activities for the 0
Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys project in compliance
with the Multiyear Implementation Plan; and
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WHEREAS, Exhibits A, B, C,D, E,F and G which are attached and further explain this Subrecipient Agreement
are incorporated by reference and made part of this Agreement.
NOW, THEREFORE,in consideration of the mutual covenants,promises, and representations contained herein,
the parties hereto agree as follows:
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ARTICLE I
RECITALS
The WHEREAS clauses set forth above are incorporated herein by reference and made part of this Agreement.
ARTICLE II
PURPOSE AND INTENT
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The COUNTY has received a Federal Award through the Gulf Coast Restoration Trust Fund (CFDA# 21.015, c
titled:Resources and Ecosystems Sustainability,Tourist Opportunities,and Revived Economies of the Gulf Coast
States, in the amount of five hundred seventy eight thousand three hundred eight dollars and fifty cents
($578,308.50) as of October 30, 2018 to carry out the projects meeting the requirements of 31 C.F.R.Part 34. z
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The purpose and intent of this Agreement is to allocate a portion of RESTORE Act funds awarded to the r_
COUNTY to the SUBRECIPIENT for reimbursement of qualified expenditures for the Coral Reef Restoration
for Environmental and Economic Enhancement of the Florida Keys project more specifically described in Exhibits
A, B, and C.
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The SUBRECIPIENT will provide non-federal share matching funds, in the amount of forty thousand dollars
($40,000) cash which will cover the additional salary and benefits needed for the SUBRECIPIENT project >
manager's time. The Subrecipient will apply an indirect cost rate in accordance with its most recent Negotiated
Indirect Cost Rate Agreement. In addition, The Nature Conservancy's subawardees will commit two hundred
thousand dollars ($200,000)in in-kind match.
The terms and conditions of the Federal Award (Exhibit G) apply to this Agreement,in accordance with 2 Code
of Federal Regulations (CFR) 200.101(b)1.
ARTICLE III E
STATEMENT OF WORK
I. Project. The Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys
project more particularly described in Exhibit A is the purpose of this Agreement. The project will grow CL
coral in undersea and land-based nurseries located throughout the Florida Keys which will then be
outplanted on reefs between Key Largo and Key West where they will kick-start reproduction and reef
recovery for the future,with the primary purpose to restore degraded reefs in the Florida Keys.
2. Budget. The COUNTY and the SUBRECIPIENT agree that the budget submitted for the Project as shown c
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as part of SUBRECIPIENT's application for the Allocated Sum, five hundred seventy eight thousand three 0
hundred eight dollars and fifty cents ($578,308.50), attached hereto and incorporated herein as Exhibit B,
herein referred to as "Project Budget," shall be the basis for the Allocated Sum. 2
3. Schedule. The timeframe to provide Project services, herein referred to as "Project Schedule," begins on E
January 30, 2019 and ends on October 31, 2021, as indicated in Exhibit C. The Project Schedule shall be
strictly followed by the SUBRECIPIENT in performing and completing the Project.
4. Qualified expenditures, eligible expenditures, and eligible expenses shall mean those expenditures or
expenses reasonably necessary to complete the Project.
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5. Indirect Cost Rate for Monroe County. 2 CFR 200.331(a)(1)(xiii) requires that subawards identify the
indirect cost rate for the federal award. The COUNTY'S indirect cost rate is 0%.
6. Indirect Cost Rate for SUBRECIPIENT, The Nature Conservancy. 2 CRF 200.331(a)(4) requires that
subawards identify the SUBRECIPIENT'S federally recognized indirect rate within the subaward
agreement.The SUBRECIPIENT'S current indirect cost rate is 24.55%. This rate may change year to year, 0
pursuant to the SUBRECIPIENT'S most current NICRA. The basis for this rate is outlined in the
SUBRECIPIENT'S current NICRA, attached as Exhibit D.
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ARTICLE IV
PERFORMANCE AND SUBCONTRACTS
1. Performance Monitoring. The COUNTY shall monitor the performance of the SUBRECIPIENT against
goals and performance standards as required herein. Substandard performance, as reasonably determined 2
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by the COUNTY, will constitute noncompliance of this Agreement. If such substandard performance is
not corrected by the SUBRECIPIENT within a period of forty-five (45) days after being notified by the
COUNTY,in accordance with Article XVI contract suspension or termination procedures may be initiated
and enforced in accordance with regulations set forth in 2 C.F.R.Part 200. LO
2. A. SUBRECIPIENT's subcontractors. The SUBRECIPIENT shall be responsible for all work performed >
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and all expenses incurred in connection with this Agreement. The SUBRECIPIENT may subcontract, as
necessary, to perform as required by this Agreement. The COUNTY shall not be liable to any
subcontractor(s) for any expenses or liabilities incurred under the SUBRECIPIENT's subcontract(s), and
the SUBRECIPIENT shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred
under its subcontract(s). The SUBRECIPIENT shall take the necessary steps to ensure that each of its
subcontractor(s) will be deemed independent contractor(s) and will not be considered or permitted to be
agents, servants,joint ventures or partners of the COUNTY.
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B. SUBRECIPIENT's subawardees. The SUBRECIPIENT shall be responsible for all work performed and
all expenses incurred in connection with this Agreement. The SUBRECIPIENT may subaward, as
necessary, to perform as required by this Agreement. The COUNTY shall not be liable to any
subawardee(s) for any expenses or liabilities incurred under the SUBRECIPIENT's subaward(s), and the CL
SUBRECIPIENT shall be solely liable to its subaward(s) for all expenses and liabilities incurred under its
subaward(s). The SUBRECIPIENT shall take the necessary steps to ensure that each of its subawardee(s)
will be deemed independent contractor(s) and will not be considered or permitted to be agents, servants,
joint ventures or partners of the COUNTY.
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3. Procurement Standards. All procurement transactions shall be conducted in a manner to provide full and 0
open competition to the maximum extent practical. SUBRECIPIENT must follow the Federal Procurement
Standards set forth in 2 CFR 200.318 — 200.326. Bid packages and advertisements shall be subject to 2
COUNTY review and comment before being published. Documentation concerning the selection process
for all contracts or subcontracts shall be forwarded to the COUNTY for review and comment prior to award. E
Within 10 working days from receiving documentation from the SUBRECIPIENT, the COUNTY shall 0
submit all comments to the SUBRECIPIENT for consideration.
4. Laws. All contracts, subawards, or subcontracts made by the SUBRECIPIENT to carry out the Project
herein shall be made in accordance with all applicable Federal, State, and local laws, rules, and regulations
stipulated in this Agreement and in strict accordance with all terms, covenants, and conditions in this
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Agreement. Any worker's services contracted or subawarded hereunder shall be specified by written
contract or agreement and shall be subject to each Article set forth in this Agreement.
5. Subcontract and Subaward Monitoring. The SUBRECIPIENT shall monitor all subcontracted and
subawarded services on a regular basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented evidence of follow-up actions taken to
correct areas of noncompliance. Such summaries and documents shall be submitted to the COUNTY with
each required periodic report. 0
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6. Compliance with Appendix II to Part 200- Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards (attached hereto and incorporated by reference).
ARTICLE V
CONTRACT LIABILITY
The COUNTY shall not be liable to any person, firm, or corporation who contracts with, or provides goods or U)
services to, the SUBRECIPIENT in connection with this Agreement, or for debts or claims accruing to such
parties against the SUBRECIPIENT;there is no contractual relationship either expressed or implied between the
COUNTY and any other person,firm,or corporation supplying any work,labor, services,goods,or materials to T_
the SUBRECIPIENT as a result of its services to the COUNTY hereunder. LO
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ARTICLE VI
REIMBURSEMENT
The SUBRECIPIENT is allocated a total sum of five hundred seventy eight thousand three hundred eight dollars
and fifty cents ($578,308.50) (hereinafter the "Allocated Sum") by the COUNTY from its RESTORE Act
allocation, to be made available to the SUBRECIPIENT for reimbursement of eligible expenditures, in
consideration for performance of the project as described in Exhibit A attached hereto and incorporated herein.
The total amount of Federal funding(RESTORE Act allocation)obligated by this Agreement and made available
to the SUBRECIPIENT shall not exceed five hundred seventy eight thousand three hundred eight dollars and as
fifty cents ($578,308.50).
ARTICLE VII
PAYMENT
Payment by the COUNTY of the Allocated Sum to the SUBRECIPIENT as reimbursement for performance of
the Project shall be as follows:
1. The SUBRECIPIENT shall submit to the COUNTY any and all documents verifying the request for
reimbursement, herein "Verifying Documents." Verifying Documents shall be submitted to the COUNTY
within Forty-five (45) days after the SUBRECIPIENT has paid for the service or performance or supplies 0
from a vendor based on monthly billing by SUBRECIPIENT. Final request for payment shall be submitted 2
no laterthan thirty (30)days from Project completion. Verifying Documents may include,but are not limited
to:
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a. Records of staff time, documented time sheets, with signatures of the staff person and a documented
official, all applicable cancelled checks (a bank statement will be required if the cancelled checks are
not legible), receipts for material and labor, and any invoices chargeable to the Project.
b. A true and correct copy of the SUBRECIPIENT's invoice for eligible expenses requested for
reimbursement.
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c. Invoices from subawardees, including details of the amounts being invoiced, and copies of cancelled
checks, front and back, which have been processed for payment for items that apply to the
reimbursement request from the SUBRECIPIENT.
2. Within ten(10)working days of receipt of Verifying Documents,the COUNTY shall,in its sole discretion,
determine if the Verifying Documents, or any portion of them,are acceptable and in strict compliance with 0
the purpose, national objective, and laws stated herein and approve them for payment. If, at the sole
discretion of the COUNTY,it is determined there are any errors in the Verifying Documents,the COUNTY
shall notify the SUBRECIPIENT within ten (10)working days of receipt of the Verifying Documents. The 0
SUBRECIPIENT shall submit corrected Verifying Documents within ten(10) working days of receipt of
notice. Payment shall not be made for any Verifying Documents that contain errors.
3. Upon determination by the COUNTY that Verifying Documents are approved, the COUNTY will initiate F
the payment process in accordance with Section 218.73-74, Florida Statutes, considered due upon receipt
by the Clerk&Comptroller's Office,and paid upon approval by the COUNTY. The COUNTY reserves the Ln a�
right to delay any payment request for Verifying Documents containing errors, until such errors are 0
corrected to the satisfaction of the COUNTY.
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4. In no event shall the COUNTY be obligated to reimburse for any Verifying Documents older than ninety (90) LO
days from the date of receipt by the SUBRECIPIENT from a vendor.
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5. Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in
accordance with the standards specified in 2 CFR, 200, as applicable.
6. If applicable, program income must be disbursed before the SUBRECIPIENT requests funds from the z
COUNTY. The COUNTY will close out the Award when it determines that all applicable administrative
actions and all required work for this Award have been completed. Within 30 days after the end of the
period of performance,the SUBRECIPIENT must submit any outstanding reports, as well as any required
reporting on subawards. The SUBRECIPIENT must liquidate all obligations incurred under this Award no
later than 30 calendar days after the end of the period of performance,unless the SUBRECIPIENT requests
and with the approval from the COUNTY and TREASURY, an extension. Within 30 days after receipt of
the reports in paragraph (a) of this section, the COUNTY may make upward or downward adjustments to
the allowable costs as warranted, and then make prompt payments to the allowable, unreimbursed costs.
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The closeout of this award does not affect any of the following:
a. The right of the COUNTY or TREASURY to disallow costs and recover funds on the basis of a later
audit or other review;
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b. The obligation of the SUBRECIPIENT to return any funds due as a result of later refunds,corrections,
or other transactions including final indirect cost rate adjustments; or
c. The SUBRECIPIENT's obligations regarding audits, property management and disposition (if
applicable), and records retention. E
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ARTICLE VIII
UNIFORM ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with 2 CFR 200.330 and 200.331, and agrees to adhere to accounting
principles and procedures required therein, utilize adequate internal controls, and maintain necessary source 0
documentation for all costs incurred. The SUBRECIPIENT shall administer the Project in conformance with
2 CFR 200, as appropriate,to ensure substantial adherence to the applicable accounting principles and procedures
required therein, utilization of adequate internal controls, and the maintenance of necessary source 0
documentation for all costs incurred.
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ARTICLE IX
PROGRAM INCOME
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The SUBRECIPIENT shall report monthly all program income, as defined in 2 CFR, 200.80, generated by
activities carried out with the Allocated Sum made available under this Agreement. The use of program income
by the SUBRECIPIENT shall comply with the requirements set forth in the RESTORE Act Financial Assistance oo
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Standard Terms and Conditions and Program-Specific Terms and Conditions, U.S. Department of the
TREASURY. By way of further limitations, the SUBRECIPIENT may use such income during the contract
period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount
of any such program balances on hand. All unused program income with interest shall be returned to the
COUNTY at the end of the contract period. z
ARTICLE X
MAINTENANCE AND REAL PROPERTY PROTECTIONS
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The SUBRECIPIENT shall not mortgage or otherwise encumber title to the property of the Project by utilizing
it as collateral for any type of lien, note, mortgage, debt obligation, or security agreement without prior written
approval by the COUNTY. The SUBRECIPIENT shall not subject the title to such property to any liens or
grants; the making of any Federal loan; the entering into of any cooperative agreement; or to the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement CL
without prior written approval from the COUNTY.
ARTICLE XI
COUNTY RECOGNITION
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The SUBRECIPIENT shall ensure recognition of the role of the COUNTY and the RESTORE Act in providing 0
funding for the Project. All facilities constructed pursuant to this Agreement shall be permanently labeled as to
the funding source. Any announcements,information,press releases,publications,brochures,videos,web pages, 2
programs, etc., created to promote the Project shall acknowledge the COUNTY and the RESTORE Act as
providing funding for the Project. E
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ARTICLE XII
TERM
The term of this Agreement shall be in effect from the period of performance of January 30, 2019, to October
31,2021 upon the effective date as required herein.The SUBRECIPIENT will be required to perform and comply
with request as needed by the COUNTY to complete close-out activities relating to the grant.
ARTICLE XIII r_
AUDITS AND MONITORING
In the event that the SUBRECIPIENT expends Seven Hundred Fifty Thousand and 00/100 Dollars($750,000.00)
or more in Federal awards in its fiscal year, the SUBRECIPIENT must have a single or program-specific audit
conducted in accordance with the provisions of 2 CFR 200, as revised. Article II indicates Federal resources r_
awarded through the COUNTY by this Agreement. In determining the Federal awards expended in its fiscal .2
year, the SUBRECIPIENT shall consider all sources of Federal awards, including Federal resources received �
from the COUNTY. The determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR 200,as revised. An audit of the SUBRECIPIENT conducted by the Auditor
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General in accordance with the provision of 2 CFR 200, as revised,will meet the requirements of this part. LO
a. In connection with the audit requirements addressed in Subsection 1 above, the SUBRECIPIENT shall
fulfill the requirements relative to audit responsibilities asprovided in 2 CFR 200, as revised. �
b. If the SUBRECIPIENT expends less than Seven Hundred Fifty Thousand and 00/100 Dollars
($750,000.00)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions
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of 2 CFR 200, as revised, is not required. In the event that the SUBRECIPIENT expends less than
Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) in Federal awards in its fiscal year
and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, as revised, the
cost of the audit must be paid from non-Federal resources. E
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c. In addition to reviews of audits conducted in accordance with 2 CFR 200, as revised, monitoring
procedures may include, but not be limited to, on-site visits by the COUNTY; limited-scope audits as
defined by 2 CFR 200, as revised; submittal and review of financial management statements; and/or
other procedures. By entering into this Agreement, the SUBRECIPIENT agrees to comply and
cooperate with any reasonable monitoring procedures/processes deemed appropriate by the COUNTY.
In the event the COUNTY determines that a limited-scope audit of the SUBRECIPIENT is appropriate,
the SUBRECIPIENT agrees to comply with any additional instructions provided by the COUNTY to
the SUBRECIPIENT regarding such audit. The SUBRECIPIENT further agrees to comply and gcj
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
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Financial Officer or Auditor General.
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ARTICLE XIV
REPORTING REQUIREMENTS
The SUBRECIPIENT shall submit to the COUNTY quarterly activity reports as indicated in Exhibit F, attached
hereto and incorporated herein. Reports are due by the 15"' of the month following the end of each quarter and
must include information on levels of accomplishment, objectives met for each activity funded, and subcontract
monitoring reports as applicable. Within 15 days of completing each project action item in Exhibit B (Project
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Schedule), the SUBRECIPIENT shall provide via email project photographs, explanations of the photographs,
and a summary of progress for each action item, suitable for posting to a project-related web page.
ARTICLE XV
RECORD RETENTION
1. Maintenance of Records
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a. The SUBRECIPIENT shall maintain all records required by Federal regulations specified in 2 CFR 0
200, as appropriate,that are pertinent to the Project herein funded by the Allocated Sum. Such records
shall include,but are not limited to:
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i. Application requesting project funding. .7
ii. Executed Subrecipient Agreement approving the Project, including any amendments to this r_
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Agreement. >
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iii. Records providing a full description of each activity undertaken.
iv. Records demonstrating that the activity meets the national objective herein. LO
V. Records determining eligibility of work performed for the Allocated Sum. A
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vi. Records documenting the acquisition,improvement,use,or disposition of real property acquired
or improved with the Allocated Sum,if applicable.
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vii. Financial records as required by 2 CFR 200.330 and 200.331, and all Financial Management U
standards as specified in Exhibit B.
viii. Copy of periodic reports submitted as required herein.
b. Retention of Records. Subject to 2 CFR 200.333 retention requirement for records, the
SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Agreement for
a period of three (3) years after the termination of all activities funded under this Agreement and
submission by the COUNTY of the final financial report, after the resolution of all Federal audit
findings,or until the note and mortgage associated with this Agreement are satisfied,whichever occurs
later. �
C. Access to Records. The COUNTY and the Comptroller General of the United States, or any of their
authorized representatives, shall have the right of access to any pertinent books,documents,papers, or
other records of the SUBRECIPIENT which are pertinent to the subaward, in order to make audits, 0
examinations, excerpts, and transcripts. The right of access shall last as long as any record is required 0
to be retained in compliance with 2 CFR 200.333. Access shall be made available during normal
business hours and as often as the COUNTY or any authorized representative of the Federal c
government deems necessary.
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d. All original records and documents pertinent to this Agreement shall be retained by the
SUBRECIPIENT during the terms of this Agreement. All records, including supporting
documentation, shall be sufficient to determine compliance with the requirements of this Agreement
and all other applicable laws and regulations. The SUBRECIPIENT, its employees or agents, shall
provide access during the contract period to all related records and documents for accounts placed with
the SUBRECIPIENT by the COUNTY, at reasonable times to the COUNTY,its employees or agents.
"Reasonable" shall be construed according to the circumstances, but ordinarily shall mean during
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normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"
shall include, but not be limited to, auditors retained by the COUNTY. The SUBRECIPIENT shall
comply with the requirements of Chapter 119,Florida Statutes,with respect to any documents,papers,
and records made or received by the SUBRECIPIENT in connection with this Agreement, including
the provisions of public access and for copies at a cost that does not exceed the cost provided in
Chapter 119,Florida Statutes,or as otherwise provided by the law. The SUBRECIPIENT 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. U)
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e. The SUBRECIPIENT shall meet all requirements for retaining public records and upon the request of
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the County, transfer, at no cost to the COUNTY, all public records in possession of the
SUBRECIPIENT upon termination of this Agreement and destroy any duplicate public records that z
are exempt or confidential and exempt from public records disclosure requirements. All records stored .7
electronically must be provided, upon the County's request, to the COUNTY in a format that is r_
compatible with the information technology systems of the COUNTY. U)
ARTICLE XVI
SUSPENSION AND TERMINATION oo
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1. Termination. Either party may terminate this Agreement without cause, at any time, by giving at least a 0
thirty (30) day written notice to the other party of such termination. Either party may terminate this >
Agreement with cause immediately.
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a. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps,
models, photographs, reports, or other materials prepared by the SUBRECIPIENT under this z
Agreement, shall, at the option of the COUNTY, become the property of the COUNTY, and the
SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents or materials prior to the termination.
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b. Cause shall include,but is not limited to, failure to strictly comply with all applicable Federal, State,
and local laws, rules and regulations, or any substandard performance by the SUBRECIPIENT.
Substandard performance shall be any performance indicated by Verifying Documents but not
reflected in the actual performance of the Project. In the event of substandard performance, the
COUNTY shall notify the SUBRECIPIENT in writing of such substandard performance, and the
SUBRECIPIENT shall take corrective action within a reasonable time, but in no event later than
forty-five (45) days from receipt of the notice from the COUNTY.
C. No delay or omission to exercise any right,power, or remedy accruing to either party upon breach or gcj
violation by either party under this Agreement shall impair any such right,power, or remedy of either 0
party;nor shall such delay or omission be construed as a waiver of any such breach or default or any
similar breach or default.
2. Suspension. In lieu of termination upon a finding of cause, as defined in this article, the COUNTY may
suspend this Agreement and withhold any payment of Allocated Sum until such time as the
SUBRECIPIENT is found to be in compliance by the COUNTY.
Packet Pg. 2125
0.3.a
ARTICLE XVII
NOTICES
All notices required or permitted hereunder shall be deemed duly given if sent by certified mail, postage
prepaid, addressed to the parties as follows:
MONROE COUNTY THE NATURE CONSERVANCY U)
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0
Sylvia Murphy, Mayor Temperince Morgan, Florida Executive Director
And And
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Lisa Tennyson, Legislative Affairs Director Legal Department r-
1100 Simonton Street 2500 Maitland Center Parkway, Ste 311
Key West Florida, 33040 Maitland, FL 32751
305-292-4441
And 00
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Susanne Holmes, Grants Specialist >
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801 Gervais St., Ste 202
Columbia, SC 29201
803-254-9049 ext. 5
sholmes(cr)tnc.or
Federal ID No: 53-0242652
DUNS No: 072656630
Awarding Agency—US Department of the Treasury.
Federal Project Officer
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Mr. John Stutts
1500 Pennsylvania Ave.N.W.
Washington D.C. 20220-0001
202-622-0239
0
ARTICLE XVIII
INDEPENDENT CONTRACTOR
0
Nothing contained in this Agreement is intended to,or shall be construed in any manner, as creating or establishing
the relationship of employer/employee between the parties. The SUBRECIPIENT shall, at all times, remain an E
independent contractor with respect to the services to be performed under this Agreement. The COUNTY shall be 0
exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and
workers' compensation insurance.
ARTICLE XIX
INDEMNIFICATION
1( Packet Pg. 2126
O.3.a
The SUBRECIPIENT shall defend,hold harmless, and indemnify the COUNTY and all of its officers,agents,and
employees from and against any and all claim, liability, loss, damage, cost, attorney's fee, charge, or expense of
whatever kind or nature which the COUNTY may sustain, suffer,incur, or be required to pay by reason of the loss
of any monies paid to the SUBRECIPIENT resulting out of fraud, defalcation, dishonesty, or failure of the
SUBRECIPIENT to comply with this Agreement, or arising out of any act, action,neglect, or omission during the
performance of this Agreement, as modified, any part thereof, or work performed hereunder, whether direct or
indirect; or by reason or result of injury caused by the SUBRECIPIENT's negligent maintenance or supervision of
the property or work performed thereon over which the SUBRECIPIENT has control; or by reason of a judgment U)
over and above the limits provided by the insurance,required under Article XX of this Agreement;or by any defect c
in the condition or construction of the Project,if the Project was inspected and accepted by the SUBRECIPIENT;
whether or not due to or caused b negligence of the COUNTY or an of its agents and employees, exce t that
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the SUBRECIPIENT will not be liable under this provision for damages arising out of the injury or damage to z
persons or property directly caused or resulting from the sole negligence of the COUNTY or any of its agents or cv
employees. The indemnity hereunder shall continue until all provisions of this Agreement,including satisfaction
of any mortgage and/or promissory note,have been fully performed by the SUBRECIPIENT. 2
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The SUBRECIPIENT's obligation to indemnify, defend, and pay for the defense or, at the COUNTY's option, to C)
participate and associate with the COUNTY in the defense and trial of any damage claim or suit and any related oo
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settlement negotiations, shall arise within seven (7) days of receipt by the SUBRECIPIENT of the COUNTY's
notice of claim for indemnification to the SUBRECIPIENT. The notice of claim for indemnification shall be 2
served by certified mail. The SUBRECIPIENT's obligation to defend and indemnify within seven (7) days of
receipt of such notice shall not be excused because of the SUBRECIPIENT's inability to evaluate liability, or
because the SUBRECIPIENT evaluates liability and determines the SUBRECIPIENT is not liable, or determines z
the COUNTY is solely negligent. Only a final adjudication judgment finding the COUNTY solely negligent shall
excuse performance of this provision by the SUBRECIPIENT. If a judgment finding the COUNTY solely
negligent is appealed and the finding of sole negligence is reversed, the SUBRECIPIENT will be obligated to
indemnify the COUNTY for the cost of the appeal(s). The SUBRECIPIENT shall pay all costs and fees related to
this obligation and its enforcement by the COUNTY.
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ARTICLE XX
INSURANCE
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1. The SUBRECIPIENT shall procure and maintain for the duration of this Agreement,insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
SUBRECIPIENT's performance of the project. The cost of such insurance shall be borne by the
SUBRECIPIENT. c
2. The SUBRECIPIENT shall not conduct the project until it has obtained all insurance required herein and such
insurance has been approved by the COUNTY as provided herein. 2
3. The SUBRECIPIENT shall furnish certificate(s) of insurance on the form required by the COUNTY to the
COUNTY to the attention of the Monroe County Risk Manager. The certificate(s) shall clearly indicate the
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SUBRECIPIENT has obtained insurance of the type,amount,and classification required for strict compliance
with this Agreement and that no reduction in coverage or in limits,suspension,or cancellation of the insurance
shall be effective without thirty (30) days prior written notice as provided below. The certificate(s) shall be
signed by a person authorized by that insurer to bind coverage on its behalf. The COUNTY reserves the right
to require complete, certified copies of all required policies at any time. Each insurance policy required by
this Agreement shall be endorsed to state that coverage shall not be suspended,voided, cancelled,reduced in
11 1 Packet Pg. 2127
0.3.a
coverage or in limits, except after thirty(30) days prior written notice by certified mail, return receipt
requested,has been given to the COUNTY to the attention of the Monroe County Risk Manager. In the event
the insurance coverage expires prior to the termination or end of this Agreement, a renewal certificate shall
be issued thirty (30) days prior to the expiration date. Compliance with the foregoing requirements shall not
relieve the SUBRECIPIENT of the liability and obligations under this Agreement. Neither approval by the
COUNTY or a failure to disapprove insurance certificates or policies furnished by the SUBRECIPIENT shall
release the SUBRECIPIENT of full responsibility for all liability or its obligations under this Agreement.
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4. All insurance policies shall be issued by responsible companies authorized to do business under the laws of 0
the State of Florida, have an "A" policyholders' rating, have a financial rating of at least Class VIII in
accordance with the most current Best's Key Rating Guide, and shall be satisfactory to the COUNTY. All
policies of insurance required by this Agreement shall be primary insurance with respect to the COUNTY,its
officials, agents, and employees. Any insurance or self-insurance maintained by the COUNTY,its officials, F
agents, or employees shall be in excess of the SUBRECIPIENT's insurance and shall not contribute with it. 0
All policies of insurance required by this Agreement,except workers'compensation,shall specifically provide
that the COUNTY shall be an"additional insured"under the policy and shall contain a severability of interests'
provision. All insurance policies required herein and all provisions hereof shall apply to all operations,
activities, or use by the SUBRECIPIENT, or by anyone employed by or contracting with the oo
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SUBRECIPIENT,and it is the SUBRECIPIENT's responsibility to ensure that any contractor, subcontractor,
or anyone directly or indirectly employed by any of them, complies with those insurance provisions and that A
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the COUNTY is an "additional insured" on such policies. Any deductibles or self-insured retentions must be
declared to and approved by the COUNTY and are the responsibility of the SUBRECIPIENT. The minimum
kinds and limits of coverage to be carried by the SUBRECIPIENT shall be as follows: z
a. Workers' Compensation and Employer's Liability: If the SUBRECIPIENT falls under the State of
Florida Workers'Compensation law,the SUBRECIPIENT shall provide coverage for all employees. _
The coverage shall be for the statutory limits in compliance with the applicable State and Federal
laws. The policy must include employer's liability with a limit of One Hundred Thousand and
00/100 Dollars ($100,000.00) for each accident. The insurer shall agree to waive all rights of
subrogation against the COUNTY, its officials, agents, and employees for losses arising from the
leased premises.
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b. Comprehensive General Liability: Shall include premises and/or operations, broad form property
damage,independent contractor, contractual liability, and fire legal liability, and shall be written on
an "occurrence basis." In the event SUBRECIPIENT is only able to secure coverage on a"claims-
made basis," the SUBRECIPIENT shall be obligated, by virtue of this Agreement, to maintain tail
coverage in effect with no less limits of liability, nor any more restrictive terms and/or conditions, 0
for a period of three (3)years from expiration or termination of this Agreement.
0
C. Bodily injury and personal injury,including death: c
• $1,000,000.00 each person;
• $2,000,000.00 aggregate;
• $1,000,000.00 each occurrence;
• $2,000,000.00 aggregate.
ARTICLE XXI
PERSONNEL AND PARTICIPANT CONDITIONS
12 Packet Pg. 2128
0.3.a
1. Civil Rights
a. Compliance. The SUBRECIPIENT shall comply with Title VI of the Civil Rights Act of 1964, as
amended; Title VIII of the Civil Rights Act of 1968, as amended; the Americans with Disabilities Act
of 1990,as amended;Rehabilitation Act of 1973,as amended;the Age Discrimination Act of 1975,as
amended; Executive Order 11063, as amended; and Executive Order 11246, as amended.
b. Nondiscrimination. The SUBRECIPIENT shall comply with nondiscrimination in employment and 0
contracting opportunities laws, regulations, and executive orders and all other applicable laws, rules, r-
and regulations. SUBRECIPIENT agrees to comply with all Federal and Florida statutes, and all local
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ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1) Title
VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, z
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL
92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive oo
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), "e
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public A
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968(42 USC s.3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing z
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be �3
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the SUBRECIPIENT, in accordance with Equal r-
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. .2-
339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to 0
Equal Employment Opportunity, and implementing regulations at 41 C.F.R.Part 60 (Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).
See 2 C.F.R.Part 200, Appendix II,¶C, agrees as follows:
0
(1) The SUBRECIPIENT will not discriminate against any employee or applicant for 0-
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employment because of race, color, religion, sex, sexual orientation, gender identity, or c
national origin. The contractor will take affirmative action to ensure that applicants are
employed,and that employees are treated during employment,without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer,recruitment or recruitment advertising;layoff or termination;rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for
employment,notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause.
13 Packet Pg. 2129
O.3.a
(2) The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by
or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The SUBRECIPIENT will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired U)
about, discussed, or disclosed the compensation of the employee or applicant or another c
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of such other .�
employees or applicants to individuals who do not otherwise have access to such cv
information, unless such disclosure is in response to a formal complaint or charge, in 0
furtherance of an investigation,proceeding, hearing, or action including an investigation >>
conducted by the employer, or is consistent with the contractor's legal duty to furnish W
information.
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(4) The SUBRECIPIENT will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,a notice M
to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places M
available to employees and applicants for employment. U
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(5) The SUBRECIPIENT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
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Labor. E
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(6) The SUBRECIPIENT will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules,regulations, and orders.
(7) In the event of the SUBRECIPIENT's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be U
canceled, terminated or suspended in whole or in part and the contractor may be declared 0
ineligible for further Government contracts in accordance with procedures authorized in 0
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law.
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(8) The SUBRECIPIENT will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The Contractor will
14 1 Packet Pg. 2130
0.3.a
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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2. Affirmative Action 0
a. Approved Plan. The SUBRECIPIENT agrees that it shall be committed to carry out its activities
pursuant to the COUNTY's specifications and to the Affirmative Action program in keeping with
principles as provided in the President's Executive Order 11246 of September 24, 1965, as amended.
Such information shall be made available to the County for review upon request. F
b. Women and Minority-Owned Businesses. The SUBRECIPIENT will use affirmative steps such as: 2
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(1) Placing qualified small and minority businesses and women's business enterprises on solicitation 0
lists (2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources(3) Dividing total requirements,when economically feasible,into oo
smaller tasks or quantities to permit maximum participation by small and minority businesses and "e
women's business enterprises (4) establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, or women's business enterprises (5)
Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of the Commerce;
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and (6)requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed U
above in(1) through(5).
To afford women- and minority-owned business enterprises the maximum practical opportunity to
participate in the performance of this Agreement. As used in this Agreement, the term "minority and 0
women business enterprise" means a business at least fifty-one (5 1)percent owned and controlled by a�
minority group members or women. The SUBRECIPIENT may rely on written representations by �
subcontractors regarding their status as minority and women business enterprises in lieu of an
independent investigation.
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c. Access to Records. The SUBRECIPIENT shall furnish and cause each of its subcontractors to furnish
all information and reports required hereunder and will permit access to its books, records, and
accounts by the COUNTY, its agents, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules,regulations, and provisions stated herein.
d. Notifications. The SUBRECIPIENT will send to each labor union or representative of workers with 0
which it has a collective bargaining Agreement or other contract or understanding, a notice from the
SUBRECIPIENT's contracting officer advising the labor union or worker's representative of the
SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places 0
available to employees and applicants for employment.
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e. Equal Employment Opportunity and Affirmative Action Statement. The SUBRECIPIENT shall, in
all solicitations or advertisements for employees,placed by or on behalf of the SUBRECIPIENT, state
that it is an Equal Opportunity or Affirmative-Action employer.
15 Packet Pg. 2131
O.3.a
f. Subcontract Provisions. The SUBRECIPIENT shall include the provisions of Subsection 1, Civil
Rights, and Subsection 2, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions will be binding upon each subcontractor or vendor.
3. Employment Restrictions
a. Prohibited Activities. The SUBRECIPIENT shall not use any portion of the Allocated Sum or
personnel employed to carry out this Agreement for political activities,inherently religious activities, 0
and lobbying,political patronage, or nepotism activities. r_
b. Labor Standards. The SUBRECIPIENT shall comply with the Davis-Bacon Act, as applicable, the
provisions for Contract Work Hours and Safety Standards Act(40 U.S.C., 327, et seq.), and all other
applicable Federal, State, and local laws and regulations. The SUBRECIPIENT further shall comply .�
with the Copeland "Anti-Kickback" Act (18 U.S.C., 874, et seq.). The SUBRECIPIENT shall
maintain documentation demonstrating compliance with the hour and wage requirements of this U)
subsection.
The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of T_
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residential property designed for residential use for less than eight(8)households, all subcontractors LO
engaged under contracts in excess of Two Thousand and 00/100 Dollars($2,000.00)for construction,
renovation, or repair of any building, or work financed in whole or part with assistance provided
under this Agreement, shall comply with Federal requirements adopted by the COUNTY pertaining
to such Agreements; and with the applicable requirements of the regulations of the United States
Department of Labor under 29 CFR,Parts 1, 3, 5, 6,and 7,governing the payment of wages and ratio
of apprentices and trainees to journeymen provided, that if wage rates higher than those required z
under the regulations are imposed by State or local law,nothing hereunder is intended to relieve the
SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The
SUBRECIPIENT shall cause or require language to be inserted in full in all such contracts subject to
such regulations and provisions,meeting the requirements of this article. E
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4. Conduct
a. Hatch Act. The SUBRECIPIENT agrees that no funds provided,nor personnel employed under this
Agreement, shall be in any way or any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V of the U.S.C.
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b. Conflict of Interest. The SUBRECIPIENT shall not employ or retain any person or entity with a
financial interest in the Project. The SUBRECIPIENT shall not employ, retain, or otherwise grant 0
any financial interest in the Project to any person employee, agent, consultant, officer, or elected or 0
0
appointed official of the COUNTY who may exercise or have exercised any functions or
responsibilities with respect to the Project, or who are in a position to participate in a decision-
making process or gain inside knowledge to the Project, either for themselves or anyone with whom
they have business or immediate family ties. E
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C. Lobbying. The SUBRECIPIENT hereby certifies:
i. No Federal appropriated funds have been paid by or on behalf of it to any person for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract; the making of any Federal grant; the making of any
16 1 Packet Pg. 2132
0.3.a
Federal loan; the entering into of any cooperative Agreement; and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
Agreement.
ii. If any funds other than Federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a 0
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Agreement, the SUBRECIPIENT shall complete and submit 0
Standard Form LLL, Disclosure Form to Report Lobbying,in accordance with its instructions. 0
iii. The SUBRECIPIENT shall require that the language of the Anti-Lobbying Certification be
included in the award documents for all subawards at all tiers (including subcontracts, z
subgrants, and contracts under grants, loans, and cooperative Agreements), and shall certify F
and disclose accordingly. r_
2
d. Copyright. In the event the performance of this Agreement results in any copyrighted material or 0
inventions, the COUNTY reserves the right to royalty-free, nonexclusive, and irrevocable license to
reproduce,publish,or otherwise use,and authorize others to use the work or material for governmental
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purposes. LO
e. Religious Activities. The SUBRECIPIENT agrees that funds provided under this Agreement will not
be utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization.
ARTICLE XXII M
ENVIRONMENTAL CONDITIONS Z
1. Air, Water, Species Protection. The SUBRECIPIENT agrees to comply with the following regulations,
including the terms and conditions set forth in the Restore Act Standard Conditions and Program Specific
as
Terms and Conditions, insofar as they apply to the performance of this Agreement and to notify the E
COUNTY if the SUBRECIPIENT becomes aware of any impact on the environment that was not noted in
the COUNTY's approved application package:
a. Clean Air Act, 42 U.S.C., 7401, et seq.
b. Clean Water Act, 33 U.S.0 1251, et seq. and EO 11738
c. Environmental Protection Agency Regulations pursuant to 40 CFR 50, as amended.
d. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321, et seq.
e. Coastal Zone Management Act, as amended, 16 U.S.0 1451, et seq., and implementing regulations
0
15 CFR Part 930.
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f. Endangered Species Act of 1973, as amended, 16 U.S.C. 1531, et seq. 0
g. Magnuson-Steven's Fishery Conservation and Management Act, as amended, 16 U.S.C. 1801-1884. c
h. Marine Mammal Protection Act, as amended, 16 U.S.C. Chapter 31.
i. Coastal Barrier Resources Act, as amended (16 U.S.C. § 3501 et seq.).
j. Rivers and Harbors Act of 1899 (33 U.S.0 § 407).
k. Wild and Scenic Rivers Act, as amended, 16 U.S.C. 1271, et seq.
1. Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f-j, et seq.
in. Executive Order 11988, Floodplain Management as amended by EO 13690.
n. Executive Order 11990, Wetland Protection, May 24, 1977, as amended by EO12608.
o. Executive Order 13089, Coral Reef Protection.
p. Executive Order 13112, Invasive Species.
17 Packet Pg. 2133
0.3.a
q. Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds.
2. Historic Preservation. The SUBRECIPIENT agrees to comply with the historic preservation requirements
set forth in the National Historic Preservation Act of 1966, as amended (54 U.S.C. §300101 formerly cited
as 16 U.S.C., 470), and the procedures set forth in 36 CFR 800,Advisory Council on Historic Preservation
Procedures, for protection of historic properties insofar as they apply to the performance of this Agreement,
and Archeological and Historic Preservation Act, as amended(54 U.S.C. § 312501 et seq.) See also Section
U 23 &24 of the Restore Act Standard Terms and Conditions and Program Specific Terms and Conditions.
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3. Environmental Protection. The SUBRECIPIENT agrees to comply with the Resource Conservation and 0
Recovery Act of 1976,as amended(42 U.S.C. §6901 et seq.),the Comprehensive Environmental Response,
Compensation,and Liability Act(Superfund)(42 U.S.C. §9601 et seq.),and the Community Environmental
Response Facilitation Act (42 U.S.C. § 6901 note) insofar as they apply to the performance of this
Agreement.
2
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ARTICLE XXIII
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GENERAL CONDITIONS LO
1. The SUBRECIPIENT must comply with the Restore Act Standard Terms and Conditions and Program
Specific Terms and Conditions. �
2. Assignment. No assignment, delegation, transfer, or novation of this Agreement, or any part hereof, may
z
be made unless in writing and signed by all parties hereto.
3. Headings. All articles and descriptive headings of paragraphs in this Agreement are inserted for z
convenience only and shall not affect the construction or interpretation hereof.
4. Modification. No modification, addendum, or amendment of any kind whatsoever may be made to this
Agreement unless in writing and signed by all parties hereto. This Agreement may be amended from time
to time to conform to Federal, State, or local governmental guidelines, policies, or available funding E
amounts, and such approval shall not be unreasonably withheld.
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5. Amendments. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or the SUBRECIPIENT from its obligations under this Agreement, or change the independent contractor
status of the SUBRECIPIENT.
6. Entire Agreement. This Agreement represents the entire Agreement between the parties and supersedes
any and all prior agreements, written or oral, relating to the matters set forth herein. Prior agreements,
negotiations, or understandings shall have no force or effect on this Agreement.
7. Sovereign Immunity. To the extent permitted by law,nothing in this Agreement shall be construed in any
0
way to waive the sovereign immunity of the COUNTY, as provided by the laws of the State of Florida.
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8. Laws. This Agreement shall be governed by all applicable Federal laws, rules, and regulations that apply. 0
The SUBRECIPIENT shall perform all acts required by this Agreement in strict conformity with all c
applicable laws and regulations.
9. Venue. Venue for any litigation arising from this Agreement shall be in the Sixteenth Judicial Circuit of
Florida,in and for MONROE County.
10. This Agreement shall take effect the last day all parties hereto have signed.
11. Severability. If any term or provision of this Agreement is found to be illegal and unenforceable, the
remainder will remain in full force and effect, and such term or provision shall be deemed stricken.
12. Grant Award No. RDCGR170068 is not a Research and Development Award.
18 Packet Pg. 2134
0.3.a
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates indicated below.
(SEAL)
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK
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Deputy Clerk MONROE BOCC MAYOR
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DATE
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ATTEST: THE NATURE CONSERVANCY, a District of
Columbia non-profit corporation >
[Signature of SUBRECIPIENT ATTESTOR] [Signature of AUTHORIZED REP
SUBRECIPIENT]
Temperince Morgan,Florida Executive Director_
[Printed name of SUBRECIPIENT ATTESTOR] [Printed name &position of AUTHORIZED
REP]
DATE
0
0
19 Packet Pg. 2135
0.3.a
EXHIBIT A
PROJECT DESCRIPTION
Description:
The Coral Reef Restoration project will grow staghorn coral in undersea nurseries located throughout the 1
Florida Keys and boulder corals in a land-based nursery on Summerland Key. The coral will then be
outplanted on reefs where they will kick-start reproduction and reef recovery for the future.
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Approximately 20,000 staghorn and elkhorn corals of varying sizes will be outplanted on reefs between r_
Key Largo and Key West. A subset of these will be part of value-added scientific research to help increase �3
the pace and efficiency of future restoration activities. Staghorn and boulder coral restoration efforts will
be designed to encourage the restored corals to reproduce on their own and reseed both restored and adjacent
reefs. The outplanted corals will begin to spawn and contribute to the reseeding of surrounding reefs. z
The methods used in the project seek long-term recovery of these habitats through self-sustaining r_
populations. Outplanting is designed to promote natural ecosystem processes, such as recruitment of reef- .2
dependent fish and invertebrates and reef accretion,to occur naturally and to continue after the project ends.
More prolific reefs enhance the restoration and protection of the Keys' natural resource, ecosystems,
fisheries,marine and wildlife habitats, and coastal wetlands.
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Need:
2
The reef system in the Florida Keys is the largest living coral reef in the Continental United States. Coral
reef areas provide critical nursery and feeding habitat for an abundance of ecologically and economically
valuable sea life. z
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Coral reefs buffer adjacent shorelines from wave action and prevent erosion,property damage and loss of U
life. Reefs also protect the highly productive wetlands along the coast.
The reef system in the Florida Keys has been in decline for decades, with no significant improvement in
live coral cover or health observed. Active restoration is a proven technique to help jump-start recovery of
the reefs. E
E
Purpose:
The primary purpose of this project is to restore degraded reefs in the Florida Keys through outplanting of
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nursery-reared corals. A healthy,vibrant reef is critical to the continuation of the unique ecosystems of the
Florida Keys.
Objectives:
RESTORE Act objectives addressed by this project include those related to environmental improvements tcj
and tourism promotion.
• Environmental objectives: Increase live coral cover; increase the populations of federally threatened
coral species; restore important habitat for fish, invertebrates, sea turtles; improve long-term outlook 2
as outplanted corals contribute to the reproductive potential of each species.
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• Economic development objectives: Improve recreational and tourism value of Monroe County's reefs.
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• Community resilience objectives: Increase the health of Monroe County's reefs,which serve as a first
line of defense for the shoreline by breaking waves offshore.
• Education objectives: Make more tourists and locals aware of the cost of the continual degradation of
the reef system, and increase awareness of the importance of this work
20 Packet Pg. 2136
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EXHIBIT B
PROJECT SCHEDULE
Action Item Completion Date
Execute Subrecipient Agreement Grant Award+6 mos 0
May 22, 2019 r-
Site Selection Grant Award+ 8 mos
June 30, 2019
Review and update permits Grant Award+ 8 mos
June 30, 2019 z
Maintenance of Corals in the Nursery Grant Award+35 mos cv
September 30, 2021
Outplanting of corals Grant+32 mos U)
June 30, 2021
Monitoring of outplanted corals Grant+35 mos
September 30, 2021
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Reporting on project progress Grant+38 mos LO
October 31, 2021
Conduct subrecipient monitoring Grant+38 mos
October 31, 2021
Closeout subrecipient agreement with The Nature Conservancy Grant+38 mo
October 31, 2021 z
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EXHIBIT C
PROJECT BUDGET AND FUNDING SOURCES
Budget: 31
Coral growth and outplanting (Funded by RESTORE & match) $ 818,308.50
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Funding Sources:
RESTORE Funding $578,308.50. Z
Funds from SUBRECIPIENT—Cash and in-kind match $240,000.00
Total $818,308.50
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Note: Most of the funding will be passed from TNC to subawardees who will manage the a
nurseries and outplanting throughout Monroe County. A small portion of the funding will
pay for the salary and benefits of TNC's project manager, travel for the project manager to 2
perform biannual visits to each nursery, and development of a one-page document to help
with educating the public about the project. TNC has committed $40,000 in cash leverage
which will cover the additional salary and benefits needed to cover the project manager's
time and indirect costs. In addition, the subawardees have committed $200,000 in in-kind
leverage.
Pre-award costs: The subrecipients may incur pre-award costs, utilizing in-kind match, for the
transfer of corals between nurseries starting on January 30, 2019.
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EXHIBIT D
INDIRECT COST RATE
Current Negotiated Indirect Cost Rate Agreement(NICRA) for Subrecipient: The Nature
Conservancyca
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United States Department of the Interloi-
INTERIOR 13USINESS CENTER
Ind irest Cost Services z
650 Capitol Mall,Suite 7-400
Sacramento,CA 95814-4706
April 4,2018
Ms.Laura,rravis,Director,Grants Services Network >
The Nature Conservancy
4245 North Fairfax]give,Suite 1100
Arlington,VA 22203-1606
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Dcar Ms.'Fravis:
unclosed is the signed Negotiated Indirect Cost Rate Agreement that was processed by our U)
office. If you have any questions concerning this agreement,please refer to the signature page >
for the name and Contaet ritutaber of the negotiator.
As a recipient of federal funds,the regulations require you to maintain a current indirect cost rate
agreement. For provisional/final indirect cost rates,Indirect Cost Proposals should be submitted z
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on an annual basis,and they are due within six(6)months after the close of your fiscal year. For U
predetermined rates and approved rate extensions,proposals are due in our office six(6)months z
prior to the expiration 0fy()Ur current rate agreement. please note that proposals are processed
on a first-in,first-out basis.
Common fiscal year end dates and proposal due dates are listed below.
Fiscal Year End Date o E
"I-)ate
September 30" March 3 1
December 3 1 June 30'h
June 3V' December 31
Please visit our website for guidance and updates on submitting future indirect cost proposals.
The websit4,includes helpful tools such as a completeness check]i st,indirect cost and lobbying
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certificates,sample proposals,Excel workshect templates,and links to other websites.
Sincerely,
6C4
Craig A.Wills 0
Office Chief
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Ref J:\0ther(Non-Profft,For Pwfit)\N(jnpromWaturu Conservancy(Nacc+629)TY 17F 19(ANaco-1.qsue.ftr.17F 0
&19C.docx
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Phone:(910)930-3803 Email:ICS@ibc.doi.gov
Fax:(916)930-3804 Websitc:littp:llwww.doi.gov/ibe/service-,/finatice/Indirect-Cost-Services
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Nonprofit Organization 0
Indirect Cost Negotiation Agreement
EIN: 53-0242652
Organization; Date: April 4, 2018 Z
The Nature Conservancy Report No(s) . : 18-A-0540(27F)
4245 North Fairfax Drive, Suite 1100 18-A-0541(19C)
0
Arlington, VA 22203-1606 U)
Filing Ref. :
Last Negotiation Agreement
dated May 18, 2017
The indirect coat rate's contained herein are for use on grants, contracts, and 00
other agreements with the Federal Government to which 2 CYR Part 200 apply for LO
fiscal years beginning on or after December 26, 2014 subject to the limitations
contairied in Section 11,A. of this agreement. Applicable OMB Circulars and the A
regulations at 2 CFR 230 will continue to apply to federal funds awarded prior
to December 26, 2014. The rates were negotiated by the U.S. Department of the
Interior, Interior Business Center, and the subject organization in accordance
with the authority contained in applicable regulations. Z
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Section 1: Rates Page 1. of 2 U
Z
Fffective Period Applicable
Type From To Rate Locations TO
Indirect Cost Rate
Fixed Carryforward 07/01/18 06/30/19 24.55% I/ All All Programs E
Fringe Benefit Rates CD
Final 07/01./16 06/30/17 41.1.0% 2/ All. Regular Salaries
Final 07/01/1,6 06/30/17 12.35% 3/ All Short-Term Salaries 2D
Final 07/01/16 06/30/17 11.33% 4/ All Foreign
Salaries
ppeV1.54-anal 0441()94 17 96�40/18 4000% 2/ AI! Regular Salaries
.Previoleiial 07/01/17 06/-30/18 12.00 3/ All 68-lar-i-eq
Fixed Carryforward 07/01/1.7 06/30/18 40.010% 2/ All Regular Salaries
Fixed Carryforward 07/01/17 06/30/1.6 12.010% 3/ All Short-Term Sala-ties 0
Fixed Carryforward 07/01/17 06/30/18 13,.00t 4/ All Foreign Salaries
0
Fixed Carryforward 07/01/1.8 06/30/19 401.00% 2/ All Regular. Salaries
Fixed Carryforward 07/0I/18 06/30/19 12.00% 3/ All Short-Term Salaries 0
Fixed Carryforward 07/01/18 06/30/19 10,00% 4/ All Foreign Salaries 2
4i
The Nature Conservanoy requested to convert all fringe benefit rates from
provisional to fixed carryforward starting with FY 2018. E
I/Baoeg Total direct costs, less external transfers and the value of Land sold or
donated to government agencies and other conservation organizations. Equipment
costs valued between $5r000 and $50,000 are included in the base limited to the
first year of capitalization. All subawards, regardless of dollar amount, are
included in the direct cost base for purposes of computing the indirect cost rate,
24
1 Packet Pg. 2140
Section 1: Rates (continued) Page 2 of 2
2/Base: Total salaries and wages for regular employees. U)
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3/Base: Total salaries and wages for short-term employees.
4/Base: Total salaries and wages for foreign employees.
Note: The foreign salaries fringe benefit rates refer to benefits that are paid Z
centrally by The Nature Conservancy's (TNC) headquarters, Additional benefits are
paid locally by TNC's foreign locations which are charged directly to government cv
awards.
0
Treatment of fringe benefits: Fringe benefits applicable to direct salaries >
and wages are treated as direct costs; fringe benefits applicable to Indirect
salaries and wages are treated as indirect costs.
Treatment of Paid Absences: (a) For employees paid on TNC's U.S. payroll, the oo
costs of vacation, holiday and sick leave pay are included in the organization's LO
fringe benefit rate and are not included in the direct costs of salaries and
wages. Claims for direct salaries and wages must exclude those amounts paid or U)
accrued to employees for periods when they are on vacation, holiday or sick >
leave, other paid absences are billed directly. (b) For employees paid on
local payrolls in other country programs, paid absences are billed directly,
Section II: General Page I of 3 Z
A. Limitations: Use of the rate(s) contained in this agreement is subject to Z
any applicable statutory limitations. Acceptance of the rate(s) agreed to
herein is predicated upon these conditions: (1) no costs other than those
incurred by the subject organization were included in its indirect cost rate
proposal, (2) all such costs are the legal obligations of the
grantee/contractor, (3) similar types of costs have been accorded consistent
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treatment, and (4) the same costs that have been treated as indirect costs have
not been claimed as direct costs (for example, supplies can be charged directly
to a program or activity as long as these costs are not part of the supply costs
included in the indirect cost pool- for central administration) .
B. Audit: All costs (direct and indirect, federal and non-federal) are subject
to audit. Adjustments to amounts resulting from audit of the cost allocation
plan or indirect cost rate proposal upon which the negotiation of this agreement
was based will be compensated for in a subsequent negotiation.
C. Changes: The rate(s) contained in this agreement are based on the
organisational structure and the accounting system in effect at the time the
proposal was submitted. Changes in organizational structure, or changes in the 0
method of accounting for costs which affect the amount of reimbursement
resulting from use of the rate(s) in this agreement, require the prior approval
0
of the responsible negotiation agency. Failure to obtain such approval may
result in subsequent audit disallowance. 0
D. Rate Type:
1. Fixed Carryforward Rate; The fixed carryforward rate is based on an estimate
of the costs that will be incurred during the period for which the rate applies. E
When the actual costs for such period have been determined, an adjustment will
be made to the rate for a future, period, if necessary, to compensate for the
difference between the costs used to establish the fixed rate and the actual
costs.
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Packet Pg. 2141
Section rl: General (continued) Page 2 of 3
C
2. Provisional/Final Rate: Within six (6) months after year end, a final
indirect cost rate proposal must be submitted based on actual costs. Billings U)
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and charges to contracts and grants must be adjusted if the final rate varies 0
from the provisional rate. If the final rate is greater than the provisional
rate and there are no funds available to cover the additional indirect costs,
the organization may not reCQVer all indirect Costs. Conversely, if the final
rate is less than the provisional rate, the organization will be required to Z
pay back the difference to the funding agency.
C14
3 Predetermined Rate: A predetermined rate is an indirect cost rate applicable C
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to a specified current or future period, usually the organization's fiscal year. U)
The rate is based on an estimate of the costs to be incurred during the period.
A predetermined rate is not subject to adjustment. (Because of legal
constraints, predetermined rates are .not. permitted for Federal. contracts; they
may, however, be used for grants or cooperative agreements.)
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E. Rate Extension. only final and predetermined rates may be eligible for LO
consideration of rate extensions. Requests for rate extensions of a current
rate will be reviewed on a case-by-case basis. If an extension is granted, the Mn
non-Federal entity may not request a rate review until the extension period >
ends, In the last year of a rate extension period, the non-Federal entity must
submit a new rate proposal for the next fiscal period,
Z
F. Agency Notification: Copies of this document may be provided to other
federal offices as a means of notifying them of the agreement contained herein.
Z
.G'. Record Keeping: Organizations must maintain accounting records that
demonstrate that each type of cost has been treated consistently either as a
direct cost or an indirect cost. Records pertaining to the coats of program
C
administration, such as salaries, travel, and related costs, should be kept on 0
an annual basis. E
H, Reimbursement Ceilings: Grantee/contractor program agreements providing for
ceilings on indirect cost rates or reimbursement amounts are subject to the
oeiliags stipulated in the contract or grant agreements. If the ceiling rate C
is higher than the negotiated rate in Section I of this agreement, the .0
negotiated rate will be used to determine the maximum allowable indirect cost.
1. Use of Other Rates: if any federal programs are reimbursing indirect Costs
to this grantee/contractor by a measure other than the approved rate(*) in this
agreement, the grantee/contractor should credit such costs to the affected
programs, and the approved rate(s) should be used to identify the maximum amount C
of indirect cost allocable to these programs. 0
J. Other; 0
1. The purpose of an indirect cost rate is to facilitate the allocation and C
billing of indirect costs. Approval of the indirect cost irate does not mean 0
that an organization can recover more than the actual costs of a particular 2
program or activity. C
0
2. Programs received or initiated by the organization subsequent to the E
negotiation of this agreement are subject to the approved indirect cost rate(s)
it the programs receive administrative supp
ort from the indirect cost pool. It
should he noted that this could result in an adjustment to a future rate.
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Packet Pg. 2142
Section 11: General (continued) Page 3 of 3
3. This Negotiation Agreement is entered into under the terms of an Interagency 0
Agreement between the U.S. Department of the. Interior and the cognizant agency.
No presumption of federal cognizance over audits or indirect cost negati.ations
arisen as a result of this Agreement. U)
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A. Organizations that have prev'lously established indirect cost rates-exclusive
of the 10% de minimis rate-must submit a new indirect cost proposal to the
cognizant agency for indirect costs within six (6) months after the close of M
each fiscal year. cv
Section III: Acceptance
0
Usted below are the signatures of acceptance for this agreement: >
By the Nonprofit,organization: By the Cognizant Federal Government
Agency:
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The Nature Conservancy U.S. 2e artment caf the Tnter..ior
Grantee/Con rector Cognizant Agency A)
A. >
Digitally sigined by CRAIG WILLS 2
CRAIG WILLSDate:21018.04.Od 11:15:56-07'W -j
Signature Signature Z
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1 A),,t S Craig A. Wills
Name (Type or Print) Name Z
Grantee/"Con
Office Chief
Office of Indirect Cost Servj'(.es
C True
Itie,.......... Title
U.S. Department of the interior
Interior Business Center
--------------------
Date Agency
Negotiated by Elena Chan
Telephone (916) 930-3824
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EXHIBIT E
SUBRECIPIENT REQUIREMENTS
The below is for reference only; Please refer to the federal regulation.
Provisions Citation
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I. Eligible Activity 31 CFR 34.201 0
2. Subrecipient determination 2 CFR 200.330
3. Time of Performance 2 CFR 200.331 z
4. Compensation and Method of Payment 2 CFR, 200.305 r-
c
5. Program Income 2 CFR 200.80
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6. Record Retention and Access 2 CFR 200.331, .333
7. Reporting Requirements 2 CFR 200.331 00
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8. Public Access to Program Records 2 CFR 200.331 0
9. Uniform Administrative and Program Management Standards 2 CFR, 200
10. Other Program Requirements 2 CFR 200.331
2 CFR 200.207
11. Remedies for Noncompliance 2 CFR 200.338-342
12. Compliance with Laws/Regulations 2 CFR 200.331
13. Antidiscrimination/Affirmative Action EEO/Labor Standards 2 CFR 200.331
as
14. Financial Management 2 CFR 200.302
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15. Audit Requirements 2 CFR, 200 Subpart F
16. Monitoring and Management 2 CFR, 200.300-.332
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17. Conflict of Interest 2 CFR, 200.318(c)
18. Procurement Methods 2 CFR, 200.317-.326
19. Budget 2 CFR 200.331 0
20. Project Schedule/Milestones 2 CFR 200.331 0
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21. Environmental Review 2 CFR 200.331 c
22. Best Available Science 31 CFR,Part 34
23. Internal Controls 2 CFR 200.303
Special Conditions: Subrecipient must submit to Monroe County evidence of all permits required for activities
funded under this award are obtained, and that all compliance requirements are met prior to the outplanting of
coral.
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EXHIBIT F
RESTORE ACT SUBRECIPIENT QUARTERLY REPORT
Reporting Period (check one): Date Report
Submitted: it
Quarter 1: ❑ October 1 — December 31 Quarter 3: ❑ April 1 —June 30
Quarter 2: ❑ January 1 — March 31 Quarter 4: ❑ Jul 1 —September 30
1. Subrecipient Name:
2. Project Name: F7
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3. Name of Contact Person: g
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4. Contact Email Address:
5. Subrecipient Area Code and Phone Number:
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6. Describe Activities and Outcomes for this Quarter: (Attach additional sheets if necessary.)
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Packet Pg. 2145
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EXHIBIT G
See attached Federal RESTORE ACT Grant Agreement
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Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards.
The SUBRECIPIENT and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R.
§200.326 Contract provisions and Appendix II to 2 C.F.R.Part 200, as amended,including but not limited to:
U)
Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which 0
includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply
with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and 0
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of 2
Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY
must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The T_
COUNTY must report all suspected or reported violations to the Federal awarding agency.When required by Federal LO
program legislation,which includes emergency Management Preparedness Grant Program,Homeland Security Grant
Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program 2
and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program),the contractors must also comply with 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 U_
States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work,to give up any part of the compensation to
which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
as
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29
C.F.R.pt. 3 as may be applicable,which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other
clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach.A breach of the contract clauses above may be grounds for termination of the contract,and for debarment
as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable,which includes all FEMA U
grant and cooperative agreement programs,all contracts awarded by the COUNTY in excess of$100,000 that involve 0
the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5).Under 40 U.S.C. §3702 of the Act, each contractor must compute c
the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. E
3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary,hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
31
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Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small 0
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
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Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387).
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and
will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean ?
Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—
applies to Contracts and subgrants of amounts in excess of$150,000.
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Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not
be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in W
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the 00
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under LO
statutory or regulatory authority other than Executive Order 12549.
Byrd Anti-Lobbying Amendment(31 U.S.C. 13521—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
Compliance with Procurement of recovered materials as set forth in 2 CFR§200.322. CONTRACTOR must comply E
with section 6002 of the Solid Waste disposal Act,as amended,by the Resource Conservation and Recovery Act.The
requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the 2D
value of the quantity acquired during the preceding fiscal year exceeded $10,000;procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
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I VIMI12,1011fl Thmugh =112,021 AU11"HOIR11Z.Anoig!
7 A 4 o'd,D F r Y v MA 0 Z''?v Y Y Y Riesouirms an�d Eowsysteiririis Sustollnelbillifty,"Tioudist 01ppicii"JUirducls,and
Flcwlrnn
11 IM 1 8 MILROIN WO2M021 Flowlived Econloirinies,lot the!Guill Coa:st States
..........: 2 ........ ...........................L............ul.11.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
T"I r L".1"i 0 F'P,R 0 J E 0 T R I"'I
COW Roofftewri rair EirrOirivinnilooWwId Rolda I
Z" ig,b I I R A IN 7 1 E E P—REI 31r"-.N E T I D: E C ir 0 1 R
lu:oum,nr IDIF I Mc Uva Teirnpon
411111)ADINOD C,'OUTI 908md Of i 11100 ShIncintorl St,Golo Eki4U2,21nd I
I 100 Sini EA WIN 2.2105 KsV'Wel Fil..�33040
Key Mi FLNOCU41 In Nlonc 1105-:292414"
IR"I A N T E E,A U T I C A N G 0 IF'F"'I'l 0 1,'"A I......................................................-.......................................................................................................................................................I a b F E p U............JP' It 0 J"I E C r 1 D F T":iif E ilt...........................................................................................................................................................................................................................................
I leh"M Mr John stufts
I woo Spillinunlicin St I M PennsyNerfla Ai NM.
G'Mo IrNi 4 211n5 I Mishington,IDC 202204001
ill W L 3
.. eK,F30C rloirw:202 S224)239
..........................................................................................................................................................................................................................................................................................................................................................................................................................................-................................................................................................................................................................................................................................................................
AL.L.A111M UMI'SAIRS SPIONN 11119 USD
.................................................................................................................................................................................................................................................................................................................................I I I A W A P W C 0 1 U T A"V W)I N'.........................................................................
...........................APIP2. I.E. A�2.il !942!�Ie!l.......................................................-.............................................................................................................................................................................................................................................................................................................................................................................................. ........................................................................
I IFlilrolsimUwnV Alli fimm I IPrmdwiruI Awordling Agorwy 01v a punclurt Iof Fedul FlInaindoll'Auslisti i III 1111ny 5711,313550
li mrallaii 11:n4ma cogs induding igmf fundsaimid,81111 10111lairflinsivi panAdpalkrn 11.1loo UnrAllipalsid Rallance Film Prior Siudiput Fi 0,01)
..........................................................-...,.................................................................................................................................................................................................................................................................
Q. Subdue and Wages ir.Luve Curnifluflive P:loirAlralsrdl�s)Thim Budgew Pishold. �D 00
OM d,A110011iiia M FINANCIAL.ASSISTANCE TI 57C.3.D..8...........
,50
b, Filings Beirlonlim ....................... !22!.................. .............I....................................................................................................
.1 F'undis Awailded to D01%for Pr*0 I 51IS3106:0
.2 0.I .............................. ...........
............................................................................................................................................................................................................................................................
C. Toddil PorvlonnuV CuM ID DID iiA.RLiclowENDED FUTURE SUPPORT
(suboct M ffe mwaF�mtA!NBIPpr of hdrdsand saftsfaigpirylilwDgirsi;iof&P i'voowl)
C 'll III all 0,03
.......... .................. .............................................................................................................. ....... .........................................................................................................................11...........................
Supp.4les 0,00 TOTAII..I i TOTAL DIAII COSTS
...............................................................................................................................................................................................................................................................................................................................
d 5
F. Tiri I 11b, 3 0 a
S. 0100 1 ................................. ..................................................................
4 f 7
.....................................................................................................................................................................................I............................................ ...-.............
K C.Mloir ............. 118,3100,50
V.
p. Conilrocluall ... 0 00 DE 5,471IDN
ADDAI Droa CONTIN
TOTAL DIIR1riC,,'T COSII'S .............................. ...................................................................................... MATCHING ....................
ale 5i"7`6............... 3 : 5 �dr 0TRIEN
.........-.................................................................................................................................................................... m. 0TNIrR 1[$0.
k. 1N1Dl)1I:l;1I:Nc'r1C0STS 0.1on ................................................................................................................................................... .............................................................................................................................-................................................................................
................................................................................................................................................................................................-.......................... Ilk TIM11 AWAIRDIM SASIED ON AN AP11111AAWIGIN 3491111 M,AND AS 01019-1111 THE F"l PERAIL AWARTHING AGJAK,'T
Will THU AIHMS U79.119P PROACT ANDS I'Miul ur'VIVINIE H1001111111i U11,1111iffir goili
L TOTAIL APPIRME.D BUDGET 818,308 53 VIR VY'SIFILKINCITAN THIN FOLLDVOlViRz
: IN,swo i wiplik".
...........................................................................................................-........................................................................................................................................................................................................ Ibla ffsw i q'i
L Thin*sird mollm kicbdqw h-i wiful N air,,fli W11"ll,,l Ill Hill
M. 578, d V,my'Wid ffidmi-oplow eir"'i-1 jWl qw1d i we"innoro jivoinAl,b oil's i
In MIN'"M fting&v=Irkbmi I"601161VA"ifto"1190id I MP;"'N*N lam i I Va Ril widw or I mi
irw, Non.-FolloW Sphury 2,40 lvvw%A. kr.mmil 0 11 role Rviniv and CoMffixlts IS i lby Me I Will I ogs drvmim iv ilth"llow
.......................................................................................................................................................--............................................................................. .................................................................; M,................................................................................................................................................ ................................................................................
RENWARKS (0hof Tormns livid CoMMong Aftsarod.. Yes
Tll,os owuld Ile uppovived I Mubu Covi Auftdw.jly,M Cffidal,AccAllgling,irmia sword Ill GranilSolrudions gov irmnshkilraft antapimmim of 0hlio aword vind me StairWarl rairwrls and, Condlibiono unid
Prograimirnabc Tormsairld C,,oirdftone amid 511pril Awaird Comwicklamur,Award kgrids Will 11i avallailIgis 10 flho iminke in on ASAKIplov si=.lunt,
..............-.............................................-...... .......................................................
AUTHORMNIN OFFMAL,
................................................................................. ......................i.........................................................................................................I.....................................................................-.1...........................
;"Tu.. 5.............................4 1,X�'"a I..............................i so'o v 113,a I R c o ini,I E.......................................1 2 4 6 5 2..................... I'l Al oi i..................................................5I"NG100749 1%DUMB 0731976767 20,CONG,Dll,.Tr. :2B
...............................................................................................................................................................................................................................................................................................................................................................i,...................................................................................................................................................................................................................................................................................................................................
rY.ArCDU1Ill Doculfil.I ADINWAVMAnvir.:ci AMT ACTIM I AS$17 APPROPIRIA"nim4
................-....-.............................................................................................................................................................................................................................................................I..........................................................................................................I.......................................................................................................................................................irl-17;.....................................................................................—..i.............................."i IN R K. 'I lb. RDC 1 XfN Q d
.............................................................................................................................................................................. ............ ...............................................................................I.................................................................................................................................................................................. ............................................................................................................................................... ..........................................
11 BIE I C. d. a,
.......»..............................................................11....................... ..........................................................................il..'..........................................................................................................................................................i.-..........................................................................................................................................................................................................................................................................
21a, 11:11, C, d. a
............—.......................................................................................................I.I.-I .....................................................................................................................................................................................................................................................................................................................................................................................—..............................................................................................................................................................................
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PAGE 2 of I �r I 1, E �
(NOTICE lUafion I IN°III 'It ..............
'iIIr�Dl°1�I10" b „ 121 .. ................................... a
GRANT NO, 1 RDCGR170068-01-00
Irud4 Via-^Ip a CI
curt oile
'o t°' P t ning Porioat Il:::lrorl Dam R' p�nrnnlirig„rype Riep:mrtirn Period Due Date
@tl w.w ,
�r�arou rrrmuaI w 4po�2��," "ww
4 o t�2ot' 09/3D120119 Semi-Ann N 0130r201
w �� ww
l;l o 20 ?;l oar :t�`2t 2 t
012o2
rngp-�rnr0arsi opt it,P
..m.....,. �.....
DWD112020 09130 2�20 orum'i�.,�anniu np ,I.o/3oQ02o
1.010 2020 03133J2 21 nnp- rnruor l 041 012o:21
o4nPo1,12o,2,t 09/3W2021 :Semi-Arnn u l 1013012021,,
r t4�tptd2 0 155R,21 Final 01129121022
U SNN FOR,Ih'Ict,—F'IIC.d uMPIG a ,lll,,, ,II[ IIII,;LIZ. FIiIDDI
N.
Total Amount a _ mount of Amount of A ouint �;
otes
Federal Funds Funding Financial Authorized for
Awarded to Date Restriction Assistance This ASAP
for Project Period Action Accouint this
Action
:13 o dupne.l rl rod.
od , �sn nt � oAAmend nt
GS7 ,3010 tD�wu �„s���, I�dS'all9 ro �lnftial
.... tqt Iarn���. ,,,,,r r
qg iY1L ,Yq�I�_ q��q,.1 S W 0 01D q 6 I uoru,
with Sp ecdal Award
(..lorndhjornrti,and an
ASA P Maximum Draw
I.,Irrudt of$:l.,l 0 per SAC"
S
I
gJ I EIE11 11 A'VVAR,llf) I°liil� t � u
1, Special Carornrlldtlon 1,r IvIonrroe County amens to reced,une award funds a,)n s rrnitniN.:rrs'ernnrtrnt p ayrrie nt
rrrotJlnr:onlm Treasury's por apnprro,val of idra,iw do%gn reque,sts is not:required d(see Section d°1 of tlnm.'
IRES"r'ORE,dk d Financial jr!n shlaalrr'ce'Suarnrdrmr'Ild"'1l'ernrms and Conditions i nclmrtderl vvillh ulnds mrarrd),
Monroe ouurnty wudll remain on the redrrnbuarsellru rnt poi rrnernt cane dnod a ntdl.h.stibmrrdlts to Tireasunry
evidence,e,safislactror y to°'d'°rea surry,tdurmt It maintains policies and::l procedures s meeting the re'tpan urerruoruts
rof'.Z CFR§2100.305 drncluradd:Irn ,'lbta not 9:itan lt'awrd to,providing reasonable assuranil:urro tlnrmt(1)dra r'Ildamwans
Of federal casl:Ii are onlY for prrnrrnieAptnte cash needs;and(2),'payments to s brPcip cents are limited to
immediate cash needs.
Spp ecd d Condition 2. IPrior to its execution,IvIormuroe Counrnq, rnnurslt slump:nr idt to":l"'reasurryr for revp'enoy for
compliance witli 2 CF"pIt §201)331, s copy of Monroe " nrr Nature
Conservancy,ks suubreclpod rat.
Spuneciall(Condition 3. parlor trc:n lthe execution r:of all Naturre Co nsorva nLy r„urpnreciprdernt agireenvirm for
tnls project,bi4onrf,:m.Crournt.y rruuaist submit to"1reursunr l`or ruruvibew for co mrpnllltrrnlre fadth 2 C]PIR
2.t',0l 3:3 ,clro'pnles'Iad"rho?,,Tatnare C'onser° arnc;prys su!ulorocjl,)Ient a rc rmnents,uivilrlr dts suulbT-eir.:dp ie nU6,, Tibe
o reerne its must int.-l.urtde SF- 24A object bliss ucnutegorr bu dgets arntd nr scope of
Sp c>dal I ouKH1160111 Grp. Monroe County must sodo'rrndt to"I°r°easouury for r°Ir.vlewi evi dernlce that all permits
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,................................................................
2
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PAGE 3olf DATE MWED
02.018
N01 ICI: OF AWAfiD (Coinillinuatior"i Shielet) 1013 1 a.
("WHRANT NO, I Il;tD(;",'GRl7ClD68-0"1,-00
..................................................................................................................................... .................................................................
mquired for activities furided urkler this awaird are obtained airid drat all comphanice requirements are
rnieL prior to th outp[arifing of coral.
S purr: al Canditioin,5: An AS,,.%.P Maximum Draw Limit of$1-00 is in place for this aw,�:iird, Ilie
maximurn draw lin-th may be adjusted or rernoved following the satisfaction Of SPIEcial ilkward
(-undi Lions 2,3, and 4.
Special Candidan 6: Mildn '180 days of the projlef.::tperir.)id!gtar,tdaiteof this award,Monroe Comn,:Y
rnust submit to Treasury evidence,saidstactory,to Treasury,that Monroe County inaintainswritten
policies and procedures for:
,(I) Disclosing in writing anypt.:Uential ci.niffict of interest to the federal awaird'ing agenicy and
d,isclo,sii-if..D 5 -ali'vialationsi�u-i)r,olving fxaud l ,,bribinr,ly,or,gi-,atuit -vio'lat.ioinspatenuiallyaffec:ti!rigafed,o-:uraI
award to the federal awarding agency as retpuked by 2 CFR§§200-112 ainid,200.113.
(2) Addressing the ret,:I uiremients of 2 CFR 2100,318 200325 arid Ap�[.wradix 11 iit)'Part 200—
,C",'ontrac:i',Pllu'ovi!sioi-ks far 1'qon FerJ1exaVEndtY Contracts under federal Pvwards.
(3,) Recond,hrig the�13F-4:25 to supporting financial data,performing management review of the SP
425 Fepu)rt prior to stibrnittal to the federal awarding agenry bunliffing perfonnance reports at the
required hater val,arum]fletermining the conditions in which an interim repording of signfficarut
developments would I)e prepaire.f.]and subutlitted to the fefleral awariling agency.
1(4) Safeguarding plersonally iidentifiable information(?10,
(5,) Definirqg and identifying Allowable Costs as reclutirled by 2 CFR,§,,'200,403.
(6) Defin[ng,rxacking,or repm-ting [:Arect ainid Indirect Costs as required b 2 F §§ 2010,y R .403 anf.]
2100.41.2.
(7) Nleefing the rer,pirernents of 2(::YR§ 2CM.331,it ch1ding bt:a.not Iftnited to awarifing graint funds
to!skkrecipients;monittwing stibret.lpients,a modifying providing training and te.i.:hnical
assistance to st,ibret.-Ipients;enforcbrg actions frog stibrecipient noncompliance, evaluating risk of
subredpient nanc:amp]iarx:e with statutes,regulations,and to as and coriqlitions a F the subaward';ant.1
pierforming sitiu revilews of subrecipient prograin operations.
..................................................................................................................................... ............................................................................................. ........
3
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AWARD ATTACHMENTS
Monroe County Board of County Comrnussioners I 1'7 - 1- 0 a
"I.Approved Scope of Work
. RESTORE ACT Standard"reirms and Conditions—Au,gust 2017
ain4eN) [Z UOISIAOUI 66 8 S POSIAW -IVNI-A :)NJL q;!m;ueweejBV;ueidioejqnS A;unoo eojuoW :;uewqoe;;V CV)
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4)
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APPROVED SCOPE OF WORK
The Approved Scope of Work includes all information provided with the grant application, The
attached docurnents,taken-from the grant application, provide a summary of the scope of it
approved with this grant award.
earl; Z UOISIAO l 6L 8 S POSIA8.1 -I q l ;ueweea ;ueidioea rl ;unoo eojuo :;uewqoe;;V V
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( s _ .... .. . �: a)
RESTORE Act Direct Component Ili cation Narra five 01M1B Number
i i n Treasury �' a
"rhe Direct Component Funding Opportunity nity AnnmrnruncememUs dcscribe lm delall the co rdeinl and Irnpaemnattlaaa required for your unarrwallye.Massa
repeir to the relevant Funding Opportunity Announcement when comupleUng U6als form.
GIENIERAt,WtDpdMATION,
Applicant Nernea
OC Nu mea 'C'aau hat Lusk
1°OC"rhUUc.w Sou kh Florida Marinic Utiennservauionn Manager
IC°mUmr mp Cowart Qptl�4 ffaar gllnps r6ppUUcaRlrcouma
MC p:avnm 11'a u:taasttpa,_1.mL urp
110C ffione:'W (305)872.-7071
[Denriplive"U'1RRe mpApplRcantt's Project.Irefer to SF 424) Coral Reef ResRamr fionn for IEavlramammclttal maaal IIwramotoaaelc Enhanccrracunl arl'
the norlalaa Keys
AeaUwhUy'rnle rrueam laffattlyear Plan Unffalrls Cosllmmnra#6'1 Cruel IEccf Rest nrrWo n%r Envorenmmcnlaall annul Economic Enhaauccmcna Of
tlhoc pllaror&Keys
pamdRmp Opporunaaalty Announcement pa 05R.-RDC-174M.
A.STATUTORY QUESTIONS
x
eUeea prRusamrg Q,lanalltylhmm IEllItI slag Acu Wly/Sege a AV 0ehees Tka#Apuplrff
taculvlty
I
U.llestucallam and praalexnlaoan OF the natural reseosarcesu emyngeimus,fl7islleerlas,
unnarhme and wildUlr�e habitats,beaches and cmmslall wedaads or We Gulf Coast
eRlvGty II Region
I
tiivi@y 2.Midgaalon¢off danarapge to piss,wlUdlllr�e and natural resources
r ;3.limpllemaemUatlo n or as federally approved rmarttme,cnso.taR,or
Activity3 caamaprelaeansllwe cammservmlllon i mamnmpeamemt phut,lmclmdIn g UDataedoo
ursankloaring
rrUavlgy IL�dI 4.'U Workforce development and job eremrdaan
U.QuKlitylog ell9lllde actUwhlya Men select the prtrmary eligible L lmaprmroemmcrans to or on Slate parks located Gun csaaaaall areas srfected by the
activity In the U$irsR coluumm,and select all ollwr cUGpll@ale AcRaarlry 5 UDempWaWer 119r6rmrm oil$pall
activities Allaaul apply In the second column,
El6"lafrastruclaure projects bencUtting the economy or ecmRmplcap resources,
Activity 6 ImcludUuup;IPort RmUrras¢rnscuu rm
Activity 7 7"Cmmstall dmaad pralectUaaa and Meted Ihmpractr'udurc
i
I
A Aly E Ia.1Planning aaashst&nm
r R"1Prarmauadon or to wnisima In lase GmRf Cowl llegtan,Including recareadllenall
Activity 9 IClshIng
i
armurma Don mr the cmmsdumopR6mmsal Uormd harmerUcd fr aa the Gulf�`mmsttLr410.
"'
onWas this Iprmpaased activltty i nclluaded tm any rlalann purr•eunurupe'evellaas Siam
Ipmld out
by the
dDllp81p ILlalalplly"ICmanst pusrurd after liuuUy d,2pDI8:a
If"Yen,"this actdwlly is not tUgI lnlle for a Direct Component grand.
IGauratlmim: blarldva keys
1.3.Location C1tyrrow na
IIa�Please provide UUue actual hwAtion Ipaar the activity as I'anarnt.y arlmlat
marauet address,nearest lanlc'irsa rtlaam,or note bou ndarles Monroe
on a subiuruktttted map.p.It there is imnaare than one 9ras-addon
for the activity"attach a list of the additional lancadlunms, pa0ea
cRyClawn,rrattuuatypparpslu,stale,and zip eaude. FLORIDA
�Ih.
(b)ffDeserllae lk.w hale prrapa activity vnlll Use ea,wW uuandlp
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d:raaasr ddep Urchm as deflord Ili n,It C11341.Attach a rnunpr to swupalpararm,your AaVll auU the wrcarla swill awccaur vwhrtdmisra VMy o nrrcuc Caouuur'ry d
respurnarsr.°
UmwVI21NSCILI SttiONOFSPU"sCHFICACT'IVII'1pY �
IF APPLICABLE,E,PLEASE FOLLOW SPECIFIC DIRECTIONS y"011lid NON-d°d,d.WdUALS IRA EU,'m;sF ANOTHER!V"IV,'DER�q�IV..Y"IXp" 'ul:mED ILAuU:''2'!VUaITY an d a(17 IV"m'iIES APPROVEDI�IIGU'V�¢R TO JUL Y ku,„Z,iCI¢U,'2 IIN�H IK DUDIECT Uw"U�IIUrUVwON;V9:NIII'"d��q��wU["'W�"A°I If:ON �UU;IV A N
CE
L IPrrlllrusci Scapre¢aifl'Wn rlllc
C'w)V biro rttdnaa uu Provide a dettal@cad scepae of swarlla rdauaU fully sdeserddoes Che Illurceajrctt,nuir;pmrarvgil fair which fiarrrddunpp ilia ceq uesred,drnaduadddpaapa
INeed,,Ildwurpw¢rs,deal cllsjil vela
Neccd:The reefs'saki n in alnc'Florida keys a,s thir laurpcstt Gdwi!ung�cmrlal Greif do dir Cmii Uiiaaa^uroUzall UnitedSdader Cora rcefuarcas pmrunwiidhe r:u°drncaa uur ll mscry and y
d'ecalumpd loaupsataa Ifrr un ahrouuni daincm smlf ca rcullaop„ui;uullpp and rp:u nniii v,aluuapreUc i pnUaw.corall reef;UauuV'INaa acaNyw!crirort;sUncuw�pii tt�s U'n=wavc aactliniro and parew tuna
curesiccn,p ircapmermy^udaura;c wild toss of illife,lkceVs allso fwas ci alne Uniiglolly VarcwsduarAhwtc vwetllaunads a toing ilium cusaall,The rect'sy%itirrum in the IP'lsnraaduu Keys has ttweuar
in alaafinc perr adreardes,'w ill rose sigir caratt hrrulPmrnvcrrucuna in Ilrwutt,COW crrovcr orilicaladn crlmhwermAL,ActtVvic ucsmirattl�an U°:a a proven leclnunGapinc Uau heipro jlacuunpu anuuu`p
rccuuvcry^ortthe recps Pull'nic p rinnnah'y pnau"pwcsc air iadmis phrojecn is to resitcurc acipnde py yuuar rp C mdm daupVapruttnp r -Iruaad,
caurarV,s �!„IYaauarldpny,wii,llvra:¢ait a eed Gsc a:uuaaa soil rm�ttUmrv;�t;arowndiiunr¢ault" "R ysraurrps aulfaduc V�IanrG y• ��ru:,rrvcr„,VU V:,S'pdmpC l�a�s:r rdupeu,d"uruan rod"ttdnc auhnuu�uuu causes aQua V4.m s !C:IVq u'rycr a�tn Vac
aalddressrAl by this mo.Jw uruu:Vedde;udbnuac ricillaW Uam a avdraarmrnnrhmaurV iihrparuuvemenrs and nuouurdsac!rh puree rrw srpurra Uiub^Vrauanuvaceaud a,hica"npwrw,drncurcaaC INC CaMilid ccnwer:„
I
ac dune poaap ulattdsnn.s a f tedea ll;!y Ithiricalicnicd ccuirall:aJlpccic a u csacarc uttttnpnc s a ni!uirhUanw„hi urrtuwau Ilo npa.u�e^mrun arohvttp�r 0k w!.sni l ccaallm ccnnmdUacdnn dp aVpc pA p Uurnpnrove rccrauanlniaurnual itl ttunuutimun vaall uc elf
un•uu'ntt hu pattautt V'�irrVus n U'mwe�mUsnwwlb y � P ydcs a.ctaves:reprrun ardrvepnanar,rnaga cnda.ua.nsV'umrucu Ila:nurhanrnwcapenrauVru rouec U'"�muu¢aia AMs urceVs�aau'rcarnc!rnur ri snpi!crpauu^auVre raatiiv,rs Iliac! war!tVus.Ilea ullaln urolf dwdaurnurrum!2rpuurpn AMs iieVnrcrxrc,wama wa lfiir«tt giionc�croV"aVcUarus„c U¢arr!lpnaa'ine day breakiiung vwavcs aulfiGslnaarc II.WitacaUpaara nabjecmiivcic IYwludac a om,tauuurUxds arrnd localsawuaarc auV'r.�c crust,ropitdme nonaGrrawiaG dej;.rirocV,maurnrh raU`RIMa:veep,a nad iirberr:asm a wmarcuncwm lr&tthc dnnpuannaricr or t hk w iodc
tthle IYnm^un�mu'ttapaaaiulµmaiuna rrmretts the ddka^usriGUid�cud Illairicasory acttttvilit y'mdrsd,�aauuttemd pro Ott„
VmcserdpaUGrrb;Thir CAirap lUccU`dttruadr nwon pwras cct w will grow staighaurwn aural Yc underact rrauracrncn'locaattcwd tt.hranepa,tlnout the p''"Vcurida Key land Vuanuupudcr a,eratt in a
Uaruadmpua.sc d nimsery acorn uulmn:rmcrllaiawmad ICp,sy. V pnc cum!aV vwii,VV dVneim be cumapplaurwredl on reed's%a llnesc aVbcy MU kick-man reprrod,ucarrurn aml prep ii werUy far ft dnaauurc
Apnprariiimoicllya 120,0�00 sraprlarn and clidlhaarn corill!ii of varyanp��sizes wrdllV be aacrpallamrcal on aeeifs dweawerte Key'ILar,pra5 and lKi Uy'Wesr.A subset of aVmmsm wrVVV'Ibc
ppa:ra air value-adladr, pro y ion as"ttrvdttacs" m ardcdaaoinal 4„850�srnulll unulucr uu rnraVs w ii,VV
wd.„a;aci[nurVuc rrsa.aru.'IIn ucu Ilna;ll i!uns urruue�tVpm car and mVVnmucuae cif resrruraa"
¢csrrTirc dad coral d ands using:an h:nina varuvc a�rexmninimnnhA tt hnafaisy,a'aveupllrcirum anrbal Ibeitildcr cora.11 r�csilanratti n efftwits will pre adcwu,pprued taro cwncenaraga iaVhc
ns iur�uuvwc and�resecd,V:wanab amsrusrrid �d�ad6 p liame d rruurrwps will g" Pliv n and aau�niu"
e nnehdncaads eased fin ru:p ra.a seek Ilon -wrinn rcclove! of rdbcse hallnlaah.s ibru is w p began ua! asp n has,uu c
resamu�a caurrt ca ilru rc ru',w�'c c ru!m I�� r ue�epra'.'d"due aunuR pplselllf'mwvrzauunC CRaalt pVarsri
ransm ire nm anumrrumuna6aum,,,mecUs p D p succum y s y Il Y n:gauoaoimwm�audllpl Il ng am
dM U,
tkifi;neat to rwunmuvdc rnuanaural rr cas ncur roirauccsrrn„riwcllr.as recraa ranncnit air recWe n nudcmn VUshn and uunwcirru.d'nrAtot and rccd a cirri tthcorn,am oxcur toaturally and no
ec:nuitrmalc older the IProjeca conch.Mrarc qumc pail"ic rmfis crdnanc is lluja resUnaattarann and p,rra!Cacadi uun of the IKcysA,ill r 'resumiurvc,„ccesysncrrs,FasllucrVcs,rewi be wad i
wwidllaUllnfc INnall'uVttaaills,and cuapasuill wretllarndls,
SpeciGdlic lasmas„m!miGaenttcines apinad relucead nVrnadhrarnes(also a'rolpaaui mined In PM ililliesmaammrs H,epreslps Alin d
y very V`uror caadi rep; depending current nursery staac' le' p u nuriillt he do Vadenahhy ppunrr pnrual rouu¢pallaunrnuAp,sitte.a
UUmr apuu:hcllaune corm vu iiaprp rd�e emnalln aeon nVhcar�cnrumn Ac, rUpe UarsU sat !in Itpne,rrap'mcr
ii y II. those sires.d:dnttpnGainfins a>cuullad wart as srarrh in tthr.uuullwawwairads with ppw-incrr*sorted psna,y lac c prniplc icd iiun unune everult
Or sp i ca d saver uu!nw�h tll flm eaara Mein' pa d d; er ttllme ifhrsa year after anuurp laii iiunpp,„as
upunmu essuurym in araa:puuape
l y aUrruap;cvUr;huurgroGaunU wnre;s vuullll ania'u,;a'nu fanlprnnviipm,,,apea np„ronriGilgn at aacaususan�s�rnv
V d. d L uaau"rdrn
r radcuread by pmcrnttmilm MaCnrcrunce sau rlbc rnuarsasuns will begin as nandwan as sauVro cow sautes are a;aturrbldugrUraV and uwulll caaruuaunuae dVmra:ouu;pgVbcanur,itUuan project,vs'adllU reap• da
sun i�ma,•pram gr�css Of ttpna; area ec'U.
-'Descrilliflain ri mlul soarces U�nclllurdNemd ern ttlllre iSP 24
e Yan 1 VdiC;'i4'aa,waullum n„ ecsllnap 'illd mmardaap,c yw p„ e
IGsmrp�tUum "r,'�anau'�ces UwttaprU'rap il',Ilne IYiwr�Bunpp,w+alp� I oas ecd ifartnp �e uuuun"re,r:rBc�s stud rudpullau'hrruu �allmh'unuu lnrnunit IWUanpniran
County,A mall pnrnrddon of it ae fun dam,g;wrall,l paay^for the salary and bcinciVats W°p°PgC s proravpect uroarna,per.nuawcN for ttdman purayjut manager i o p eartr:arrnh biannual
v'Gsdss ram each unarsaury,and a iamolunp ment rad'ua aurae pr°ap c wUaacuc:pc:rml ilea lnclpw waii,ddu cadimcardrnpp Ildne paublil:about Line ppraajc;l,,TNC has ca:amnun itrrdd'$40,ttU00 Grp causda
Vcverapc w»IlsucVr wwiipll cover Udmr aadrdh ioit aaU sapal'y'and Ihue niciftr•s mce,adcud Itaro mcrovcr rlpc pprojectt inanatl Glrnue.dam addcdwrrarogn,Me suuV aaww`aasildca'mu stay cauimmumnalim.d
$2100,d;QD in ii,un-Ilr.uimcV lauwermtitaa.
Illmra.Djectts adheada air d lc'Illuurcttertt err arrsiterre muuattwol rasenarces most be Ill uan'daastt aysailitialbie scdcrurmr,.drarrlqudda ah mdescmd,puttVsaum ma"ithe rrheitho des to be iaased
to a,clnUor,a r the ppnriattemaduora ca"resrrrrarUocun csdujecsdvedsll.(Also aaaupmududGettup aresttdaau Nd.Vi,.V
d, oICtyrercrNcowhttprrnUlncl^`lor¢aduKe,ysNuiVag yy'" epwast2Uyyearsshu.hw rN - many
VM?Vw.nuaaaerdmn��a: rnauV:'smarhiraa ,"daaunu rear' w+wer itln wa m cpa:oa:,iurnhasrndeuV aurnuD uuaurbrlla�ra;l ale�a Vurbm asap m'ita
caauaG r.anver azrad sywci^as divershy.From l!dU'96 dirnuup pb 2.Ulll II,udmr Coral Rci d Evaluation n and dhllaaru marling Il11rograrn ddrlGtt.EM111p uecrar Cd a 47 uV eHIram Uwm natu¢a;y
caarads,uunrd a d�crociumcimfedl taro signs ttof saaccessdW rccrrulttrmrml al ids*. aunnaring sitter 1fis'V!ra:ujicr,r Will,Ul,ra)vur ar'a;p;llncnn coral(A,,crcp rua cervUcrrrnds)in in-m^aaicr
nuirsefics lauuuancsd UNroup.1hout UUnc ld:rys,.and sr.ar ccau'uuUs Va rylPe a;aV Ilmruuullader C,Ir d iipm't'arndmllpasu,cd d'dua:VGnraes repro Suurnnrnerllaund fixy."d°lnc ci rsds Mitt rUneun lmc;
Uallpwllurnrud Ilan slleglaidcwd rci where¢lacy"will crrhariipreapae In aeproindtettVmun arel recovery of Clhc recifs.Thc rnuurra.rdras Ihave lvrern srrcke d in nvwn vwary.s;l p Ual ding!
snaapll thigrrmcnits Wf Udsscc d"roar Imes lithy'w'Vlld cepcauniles„and 2.d aolilecitie,g am Pura ices a:wfcsa¢ad Man arm aidlillody rru swrvlvrrp'waba°rrh
aphc;y urc ciithcr IVaecauasm uluc,y i IUralmn from their Nara and raroamart a cartacdh Or aft alliadmid ram ua allca d arm.disc:il l Ilnxasc.2"awe Ifmrasrpma:^im¢s Ihwvc shnct:ttw en
growna in the rinrscyp and Ifira rmeraa f eloiricm cU�aacalr ymcea ifi ��rrrain c:oiraps oir many gceerii,c srrauims�urc ruiuu,dupwur ie d cU cad h
resttrwrcad rccd iota help cim r V'ninra¢ cad �m is boulder c�oi Iframnh,rice;Sc!nuV n Moill e
ps it ccaraasy ru.ur ttwrrsn rer ci Ever IWprscucU null�ylroct� latecvrry ur�un priant to ffilelu�Yuwdcriycii,cm.a2 icy wumg erallllye¢us deredl some nuf hnm'aoom VVrrb,pconmuu:nr
g iaw rmassive�ccral
rarautt-I�cipdcders. ttaa;plucarn ac+�uU ppurawlaUms a printer,�wllcal nod"ifr'Mrrr°a+�curUu rldat m�rrwes cos sine UU�rr d"i:oir hwslh rwunall iiavr°rr�ttur� s.�snuullallcir�caurall��!h �;rauwr �
agbc mecJfiaw ethicir �S a.paern cnh"al'wras Il' y cell sly cdms naU attur iconal wrcr
heads that Vn�mVud � VsrerV am ItVmrcarsr�rmu&aaimaUcir'¢dhm VanuUurca vr^rr rd,'w:u�rei°us s doer run�?UhShttn and su v
aadcdcuod in 2014 Second,%,orl wwah ttlncac speoca hes becn th nww4Undn an ca.rcin:aivc Arrai!ladli!Uy swdyuAa Ifacnodl beginning lr 7..V 04,The iNariuuaimanll Occaumidc and
Arrrcsllhucas AdlwrrVs armaeedd ,p durded sidem'Udsas crd prrtiau"ttn nmun walC stturc Cancrvaimcy anid pau'vil rgoi dwilaros incluang atic Marine
tl n and"Wilpuallydc.!C"nrn hcnasiiamn Cbrmrnus
�saapr��and paraV �rµurm rlu'urq�Papuulmalhaadnwun tolror r�aa,p,mwrhl corari an hn,.wrar,crr unurncu•hic
lrolaishc 12he Floridas'l Keys The in a,ailwt nuraicarics caavenUly hard upwards uu,f 50,000 canals,and IRagrpcindn ahave'Imcim auaurpwlanlic.d to rmkq'r i6:5 tracers an 12rc
AcmiOver Ithc past dv yyrary scieimlinits aa' corer Vh�avc pwecc ddewcparopaiianyhmmiiadems do n or pnmrallnagiming and oitimlipatiorpd I luitaiUNIC°�rU rIts„wed icb grown much rumor
ty,Dic d ',Ilmnique cU irpnpc auaV"uup„uubeauluun „our cmat c!ca lgy UIragril dorsals umrap Uuny pai!raics,caur onual faster,g mwilh a attics us r.lhe cond Vrcals.
Frma;girocrtts oirdiesan,lic p*en inn°.urrnuu;ur grown nw mn to cach aalicr'will fuse,whicin dpmcur rV.ssaucs Urnnach Farxi maim➢ do has rccemrVy lwecim udcurununmcmltead l l cauralls
arc sp,'paawrwl at a cirnoie see rurpncr rVnhuru,as revAilih lyre gas Uprmvnpuwsl,y befie'ved rdblcs'unhca:ns bruit vniollthppdc Fra,9mcatts r^aun Iii ICil tar create.a rmprerawaduue:u.anrcVyr
wcltv^enr r n uanur.'ylcar�aat��Unc�irculnu rrc!hu•Vurpp�c rlcnrads�uulldl lnauw�'r aG��caady s',paaawrim�naallb ttdan«d^umeS�ala'dlvtt¢aavnrcnarsppl,ryp„p u a:ne auuttUarc slms air,peccrally
aboveRMinbtic,figirm
mrhaaru;y uroU tt.pns:Voa!rn.na:r arorsu:¢tturanmuam.s praMnc'
a daacuinicumdcad Guards'aaiaapu snits spnaaww°auhrndp on Chic ra;cl'°V"tlnc cspwcnmdsc aaunul harhrmMw"Neadgc ahamcad�tru adad�r lna:s'hsecrn Ilanr'r!iallVzrd urnilaro a Cairibiticua:m Aar;rima ReTauaruaGaurb
C"imlldcr Brsa IPtacalicn far Pi ctfirias'uttdtt n End'IPcapucl�linbin'Enhancrrumcrr dJllohiitsaron ciG all.,2,01 it),a rduxc'uu'memtt tll'naa ccnrmpndllm Gene lessans trained firompnefitionen
aria i s morn rf%ha lmamhnn urc,srrrarprnro warou'k A ddittornrri UIYre pa,cn:rrowrar Ih fiurn ifrrou°!,0aii nom and elUchanrur
nru'd^Uanrrdula Virbaa tt:9mrcuup,ppllgaw�mr ttpne�a:Vu•ilkwlkmr:mr anvcrr ildnm,p y ° pa, y, 9" 'm p,
o l wait trade Ul!uslla 015 and fisfis cn-al rmsrrnrardaroun as aria li,anmpamraaumr ravcah no help rccanv'cir dw.spomeda,:m awned rlrllaar them ttrrumn the IPrbada ngicredU S enics Act
c:carml ' Ueusa.�ul i V
aulcwr'p�arl � '�
ai)pld use pro'r''cllPrscad Illr;rar!�ireG Is pauarm hod a laaa'!pper°pwmrrtt,�eciU umuumsll',adpr mkua srupppc and sIIImVa sapmpadllVas ttdamru„describe the Illurur�es°paurun� tt uhmsud ttdnc IllrmrpkmsmmW pare cjrciU°s
larla illawamsUn P main dIG»
This p ra.jecr its pan yore larg on-going program cif h;ncurW resrrpr�ak auun a l'hrauu,gVna:w�ur Glue:�aunrurce II^p�araada dttccp"ICr"am,�"l Unis ppr was�sau blb,shod lun°UU:UII:&y �mamader
red fall 7 Page 2
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0c Arnerican Recover CL
.y anti Reinvestment Art fARRA).EaLh pwmcr wivv works indepencksilly but as parl of larger consiorlum,and funding has been
qCCUsCd W.var.)ift levels in each region, 4)
.L Budget Jualfficadars(See OMB Uniform Admilistharadve Requirements,Coat Pitindiples,and Audit RequArements for Federal Award7)
tC
Directions.Msfilarn In Befall how the proposed budVa Supports the proposed scope of work,The litudget juslificadon should regale each budget CL
Catclory li%gcd in the SF-4.24A and SF424C to the specific hasks discussed In the resiptinse to Bl,provide speeffic,justification for ALI,buditcl,
that sppI;,PffndUud,1,nrt an explanation or 11he necesshy,ulgavrabl[hy, ocn4 o pr� us dc
reasonablenem,mind allacoldlily of proposed costs.Please.refer go the
'Ine flab 0 c st an 4 Na on care 2 a cam 00 8 'Y osrs'Please"'rr 0 tirt e ed - - I I 060 00 V� 9 lZ "Ehy''
2 so 'ad "Z9 i,mirc,,X, sid S23 o 187 31�jNr
"'o 't st '11 p 0 is Y It ' Ed Zr th s"Y'
rel Isin r I g An. rm-s- �.1 go,des Psi "s rib b dC I eat go O'�
."0 xi'�
Total R ,dg , C.9.3�j , 6� i '�anij$jgia� 18, (Ind T.'.l g�2
ic,B Lever. R �W�S .s sn"s rml`�
leverage)Heirief0w S5,558.02(Dircu�)and$9,Z14.93(TN C leverageVnic RESTORE funding tosribhicd with the vash leverage froin TNT will pay a
rinuflon of the Wary and fringe bcnefitit fair the rinDjcti,Imlarunapge r over a 3•ycm-riessiocl which is approximaidy 2.2!a,1171L per yea,T'Nir-s Ecdendly mppmved
fringe imsacru,ran,is^so%Or total rugularsalaries shmugh June 30,20 XTNC will not charge more&an our federally approved fringe Isencria saw cash
year afthe prq cct.The pmjcct manager wiflE snansige the grant which includes insuring wc stay wiffisn hudgv,mirisfing with IKepnarsntion and Imannheroent
Or suhrecipient agmenunit-:5 in addition to biannual site Asim With each lubawardec,and Imannaguaap the scarper or work,"fine projext manager wbil bc wceting
with Montive County to keep sheen in romhed nf thesta4us sifthe project dunistS the gh11'CC-ysW PeACA.It Iq OUT understanding that the Ireponrumiing and
management.needs for this grant could Im fissic constsisning,dicrelbre,bascil on our experience wrish the Amcrkan Rccv)vcry and Reinvestmcni Afm she ditur
for die prqject intatutgeflias Imcn,budgeted accordingly.Travek$567,015(Direct)RESTORE funding will pay fair milcagc so the project manager imay visit
car.:h substwaWee biannually gh=OcTNC Big Pinc IKey 0111LC and ensiduvA any e0ter projecurdated travel during the 3-year PrqjCLL 1'NC will charge die
firdcrdly appft)vcd miicagc rate curiesposiding to cach year of the gjaisK for mileage ofour TNCowned vehicle,Othcr 59W 00 hDsfcial)Pulifiio-a cs1twalion
and outreach 13 an inspurtma ivat or what TNC mid am-panners do Surne Irrfinnnal RESTORE runding has been set wide w develop and print tirt0itnes
about the woisk(and irccivignize the gianding wumc,il to he used fix,public otocach events amiughouk the IK.cys Contractual(Subawarda) $4492W,00
(Dirccs)mid S2013,0W.00 431d Party leverage;)Most ofthe Funding will he Vwmcd firorn TNC Oki 11hres:subsccipicitu who will compkie the restoration wask,
A breakdOWIT or the iuhurdp cnts,mraitant of'RESTORE funding and 31rd Ipaurty in-kind lcvLmgc us ourimcd below:A rus-al Rcstaralian Finandation will
receive$R43,747 to ouiplatil a total ini"4,50 lark staghom corals and fty will donate a Rand ag 1,500 rolunim go the 1A)wcr and Middic Kcys latursenes as
3M pany in-ldwl ieveragc.rhe value of the donated colonies is$60,04M,A Florida Fi%h and WildliN Conscmation(nniuriWunn will s=civc$90,859 io
ottiplant a linal og'4500 cords and condmi valucu addrd resevai.1i in acann.0inctioo wmth ihsst oijuprainfing to help advance the scienceciaW w ofircstorafi ,I' C illE
curcunk$-40,000 in 3rd party in-Itind leverage ails the funn ofsalarics and bnnerits rUr the StaftWOCURS On the PrOiCC11 A la OIC Marine I-AKaRiOry WHE
ircccivc S224,05 to oulplang a total LJ 130)0 stagistim and elkhtirin rorals of varying sizes and 4,850 krishiff LOMB,and will pmvide$100,000 in in-kind
leverage,lindircca charged @ 23 221%,propoicd FYI 9 rate;.Sl 08.978 441 Duml)and!57,53'774 M14C leverage)Our hudgcL indusles our approved FY E a
NICRA with our cogisdzint agency,US,Dcpsirunent ur[interior at 233 11Y.on WE diffrc mid leverage cusis beginning July 1,20 E 7 dwfju6h Pune 30,'20118.
TN C will not charge more thane our Wcliy appuoved NICERA cach year of this ffncjcct.
30The Applicant's Selecdon and Oversighit of Congructurs,If applicable
Direcdonsi Indicage if the applicant plans to congraca out any work deo%cribed under the Budget Justification()ice B2)including construction.If sin,
the applicant must describe the fullowing:
i(e)For Stage applicants*
Nature of the work to be contracted out and the expected number of contracts to be awarded;
State procuremeng method(s)that vvigi be used For the procurement air die contractorisl,and
Applicant's plan for monitoring contractor perfoinnizince and compliance.
If a contractor already has been fieleded.also Include the following-
Name or each contractor;
DUNS number of each contrader;
ate t e applicant executed each contrael;and
Amount of each contract award.
(16)For non-State applicants-
Nature of the work to be contracted out and the expected number or contracts to be awarded;
Procurement nictliffid(s)allowable under 2 CFR 200.320 that will The toed for the procurement of the contractor(sp;
Jutitiffication under 2 CFft 200,320(t)for sale source procurement,It applicable,and
ApplIcast's plan for monlioring contractor performance and compliance.
If a coultuxbor already has been selected,also Include the following.
Name or each contractur,
numntuer of each coidrader,
Date the applicant executed each contract;
Amount of each contract.award-,
procurement method allowable under 2 CFR 200.320 that was used for the procurement or each contract;
Deseripfflon,or the procurement process,as#m1plEcrocit",and
Page 3 of 7 Page 3
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AThe Applicant's Selecillan and Oversight or Subirvc1p9ents mind Indusion of Special Proybionq irthokiling to Subawards,it Appil7b-1, 4)
...................................................................
Mirectloor Vnilictile whetheir the applicant plans to Issue subawards ror activilles propmed in this alipucaition.irso,the applicant I¢Immst provide
ALL of the roillavving. (L
10cuca;rlplkmot lovir 111copplIcanIsclecleder plan"to sel.ct.tdiredpient(sp-,
..........
The Ccuthty scloned dw sub--rcczpicnts Through the MY#P pirtwess
.............................................................
-Description ol'ahe applicant's subirecipient motiftowing mind management(plan that implements the Irequuirentent.s ror poss-through eirefifics at 2
CFR 200.311;and
111C County WHI wank with each"Uhr".1pienu uo Prepare a rrianhoring and managcmciao plan Mat impIcatents die requiremants foT 11.1ass.-throuiRl Unfilics at
CFR 2M),331,Tbe ICaounty wN woiA with the Mal&Keys Water QuafiQy Mm.n.cuion Nugram SlecAng Cuinunikoce which is IIrspumiNtle kirsellung
guWmirc and FWicy for the devciopmrot anal Imi0emmumon waver quality pitogramr,to oveirser,and monflar the progircss ofithe suh=jpicnks
-The means by which the applicant will asmss each subrecIplent's level or risk and aanannUlor each tiabrecIplent's progress,Including way rmul-d
rep orlL
Thc County vvUl work with each subrecipimit to prepare a mcYnhadirag gden toi track die pitogitemi of the pra.ijccts.nic Nature Consci'vancy IreccIvcd an
annual Shntft Aucift parr Urulburn GuMmicc Their lam audil.dakcd June 30,2016 they were a"low nsk auditec'.,nicy ma-c waking for their audit to Vac
cromplated 0hrough June 30,2017 but wiUsupply a curpy uo us,
'IV a subreelplent adready has been selected,also Include the Volhowhig:
Name of each subireciplent;
DUNS numinber of mcia subreeiplcni�
Dole the applicant selected each suiprcriplead;and
Amount or funds lob be Provided to each nabreciplent.
S abic6picinu The Natum.(7onscrvancy DUNS numbeir.072656630 Date the af-)f-ihicank wm sckctc&Iftbit-unry 18,21.115 Antiount or fund,Ao t.I.Ilvidld
9.Public Input Vor this Proposed Activity
Minw.tham.Describe how the applicant considered the wocanfingrad public Input frown Individuals,huxinesgits,Indlon tribm sand nowitpro;w—
oritaydratiams rchafing to this proposed project,Including Input received duriling the preparation itIr the Multiyear Plam
is oni'm rrfwi%Iy effecivatal a bmad public,inpuL pnwrts to dctermine die sclocainn of puromis included in this MY9P.The Projects uldinate[y scleciiek.77
rM, tresented in the MY#P.war 1mmc highest k=kcd by 0he Cuunly s RESTORE Act Lgical Advisory Committee is witic-ranghig stox-hiAdinr gump
cunsisoing uf business uwners..,ciravb-onmentalIst a rp auapl e aluuanw,fishtrMen and,%icat6m afrIxiinkedl 1my the Ctmmuy Cummission and the
ufcacli ordic six inunin;ipRhlics Within Nfinmw county"Mic three highem,ranked pna cw were then subse4ucady irevicwcd wid
appirmcd ky the Board of County(.70miriniscionrys.Inwirc was a broad soUcitation cur tap icahuins,actoii ail pirojera appucaflons received were;possItal on Me
County websitic for public Fcview The evaltiahon and ronUnr,ofaH Ipruoprr t.;ouok phiicc in oqvn,pubUc,and maticed mcefings.Ali cvtkhkmiDn,pnjccic
scurcs,and ranking Marmalian was tamp renWins)posted on the Counqy$RE_STORki.Act roach page,'llie[Acid Advismy Comimuce met mwcral 4Vtaacs.
and the County's RESTORE Act wtviticswc rrguhtrly mrxined of.(.:°okiiniiy cvmmp%Mon Meetings,Tim Incal media also wgritaily covers Ninrime's
on-going RESTORE Ack acfiAkim SPCCffirAITY frCIM011 10 010 rVqUh`CMrnk In cn.%uirc wincaMingfui fml,4m Lnrnment on the MYTP,
6.Best Available Science,,IV applicable
........................................
Directions.,If the answer In the Following queadon 6"yes"complete this section.Is the proposed activity dersigined to
protect or irr-store natural resourckm? ]Y,., r No
...................................................................................................................................................
The RIES"I'ORIE Act requilrea activilillics drsigned to protect or reslapre natural revicogirces to be based an the"'best available science,"which h
dirlined In the Act ms scricince thaw.(a)maximizes the quality,objeclivilyg end lintegirily of 1kil'birmallon,including statistical ktrormallon,(bi uses
peer-reviewed and publicly available dots;and(c)clearly documents risks third uncertainties In the scientific basis for such prajmks.
The opp0hutint imust woke a determination that a project deAgned to protect or restore notilgiral resources 1.4 based on the best available science.[in
order to support this determination,the applicant musil clearly state the protection or restoration objective(s)o r the projaml.describe the methods
that will he used In achieve the*Jective(!s),thind explain how these wirmahodi are based on best ownfloilkle sclencir-The response must The suMclently
detailed For Treasury Wo evolitwe the reasonableness or the oppliciiiiist'is dclerkirdnalion that the project Is based on best available scleom In
addressing the.,thirce-pronliciti test in the dirflimilhin or"best avalhahge science,"the applicant must cite,wheift availlake,pecir irvvIeweid,objective,
melhodak*Icadly sound Ifteraharesources that support the c%mchmdon that the propomd scope of work Is an effective wray to achieve the stated
objectlym
'Me oN"fims 01i,Ilds pwJcct are:to 1)restore the motystcm servicts on a rarer fluough direct otatplaming orvaNtscii-y-rabsed coma,and 2y b-st..hlfitv
pcppulaflons oo hcIpjumpstan natural rcer rrcuvcry.Tile Pirovmscd objccolvcm me supponcd m floc Acrurmnit U.ccuvary Man,a document develop ad to guldc
the NathbtaaV M-camr,and Aunnashfwmc Adrmin.qrafion(NOAA)and other IvActral aeaciir6c.%in akc6iom that muld lead to eventual Misting of the:gaedcn
(Nadonal Marine Fighicrics Scrvice.20151. While a sirnflar dmumato does nim yet exist for
tmakler canal specics,NI)AA has voiced their supfurt fir rcstoraidon by 51nakinfining dix ricinkting pnw;cm as part of dic listing of those asp cc:ics which are
cuarrmtly being protiagated in labs and nuirscrics throughout Monroe Coutoy
For each Ofteralurc soutitce cited,the mpplicant must provide suMcicnil citations,Including-
Title-,
Journal lin which the literature source appeared,ir applicable;
F'oblicathou date,
Author(s);and
Web addvew ff dowrinionded air available anthirr.
rorsirrian ZI L Page CA.Toonen R),and Vaughan D(20 15)Growing coind larger and faster Bum a sa-atcgy Rw acce Irtaking caral cover
PcerJ 3:0 313:DOI I U.77 1'71pccr.p.1313 6(.xrgcn,E and Gillimn D(2018)Omplanking T=hniquc,host ScnielyM and quite akfecl the jailial succrss of
ouiplatiled Acropora crcrvicumms.Nang&0433 DOE 10,77171pecd 4433 lieflain J and 9 it an D(2009 1 DevelkViinctit of'ot amral nurscry preopm lbr the
dura-trued kmral A(.TT,.q*,xa ceirAmynos in nufi&farmer I Ith Ink QxR9 Rad'Synt ll24t«U249 Hem.1 mid Shup 0(2014)Develuping a Cumprehens[ve
S"Me
"Y",C.",FRxstamatUano M.",110"d.S W
, "atc i11"Ie ,'3"" Award R T-12, 11169 Final Reporl,Alailhlc,11,111:
2(PShaVU,02014 UKff.lohnsoin ME,Ulham DS,Mil kr KIN,Lustic CE,Lar5an r,
N & K cnycr ,Harie L ll E, IFTnan D,Schopnicycir S,and Baunis IB(2011)rafildscan AcuLPMma Restoration Giai&Rest Practices ror Pirtipagatian and
Pc4iutation Enhancemem.Avotdotb1c hrtv:0itlimllwiovw.conscrvakiooignieway c)rgfrilcsA%gc.,UCmibl-vaul.Acrilptnd Resloratkm-Guidc.aspx I.Afis&
BohnenWehl D,Poem J,and Fgglcmon D(2016)Vadafinin in habilat soundwalm-,char%.1.efiWcs influcnccs scutkemcm or a arcf-building coral,PecrJ
Paf;ia,4.or'7 Page 4
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Lf)
Ci CN
0 6)
(L
4 1:,255%1)0111iq,255 VUller K Lohr K,,(,"'aimcrian Cimd'Wdliairiin D(20114),ffiscase dynamIcs ranad poliential mWiption,all rong rrmn,I
wihl sughtiria i Acropi,ma cerOutwarc Peed 16.1W 541 WHer II&W,Kerr K and tPARierns 1E)E(20:116)Rcel'..!lwale trwids 4)
in 1qodd&Amqw.wr&spp.aburidaii and the cfkaii offwpulation enhancurni PecrS 4x2523;DOI 10.T1frl'h'pcctj.252,3 qakinnW Warinr Hishcric5 So*
(N.)l5)Recovety Plan fiw III corn(Acmpora pWmam�and Soiq,.�hom(Acwji or .I!
lac Corah,11wripiamd by,the Acrapent litacowny I
NalilulaM[Iii rishii Service,Slivirr Spring MaNybuld,Nr.dirill K,GailixIs K,a:riid Riviiach�S(2011 i�i Tinx hNucM An imu"isl6wc.approachIlan (L
Ipwiing mrah in an 5chl nuir4cry.y,AACL,Mullux,114.14 11 ICaraanaa.uph C,Rfn.an R and NT611%nn)(201 7I'lbc ciffoct ofcol-W
J
NIM-IncBili-ilopy
1.3chai ri,[Jrasan D Bmte Is 1.5411HAtwt D.,t wwnarpwcaa r 10fliffin;he Scilmsclin it
L'Usfic IC woxwell X,and'lii( (201711 RogiIianal n:s1graflon btmiclunwks tor Acinipm xrtitxwnh, 10=0 Rrtfii,DCH
SutherhaNd KP gmlli KB(200.0111(hite pox discinc W'ihir C,%,tdhbi:an elkhirm twal Acirupord palmina,Uw Rosenberg E,llmyii L,(cdasj Uwal HcMifft
mad MrIcasc SFwing"`i lllvdclbcrg pp 289297,VicruNciii,M,Mn haircr K,FluiPLiers C 11,1agclV"kiuN 1,SImption S(NNO)iC cvritl Urmc IIMUoveiiawnli
Reef'Sounds Pit IuS li 01i dvi']111 DE,htnd Millicir iM i Cund dbicii ouli patitcm,.pmyakni
Sri r1rigins oK q.%.,TwIiwnat%(Scicracfiffflzi:Acmpondzc)Monies.Rinp,bid unip VoL I54,,suppl,31,pp.114,15-L15l ii Anicis,Kathe-ninc,
"Ao-opuria Habini Evahilmlon and Remoniti Shri ScIeWon II Uswnp;p a S�xxiics thstribuilion[VkxkA4tg Aprmach"'Ii Qathratc Theism end Dhssenatkwls,
hQp:,1,,'.qChq 1111amnmonnn%U0 Cdo,"Clid/6 158
The qiplicant mililist 111irovide wriviien answers up aM taf the F01111liatwiling
(Subunhi or'lialwiree maltellials'"1111 i AQUAry 11i requirelinallis Apir ansitweitingthis,qvIcAi
4k,so mmarY of the 11wer-revilewed Inhiprmil 11hiftjwUnits the pproposed objecillivirs,Includiing inedIllads imsed For Ilhe proposed acCWHi Ylir
per.r.4reviliwetil Weraturesiourims are waiwunflubiII4 the Alliplipficant must agpilidtly,Spale IM and Illpurovide A Of what whilerilmalki
ticIswilifle amed.If theAppikunal relied Imn publicly a-vailable i1alls,fhe AppUratit Pi clic Ithe tiource of the data,the dole
11preollection,anti lihiesi ithe d1alm stL"WheneweT Illw Eb1e,,11APAppIlicantshould near IpnumblMy 2vailabliv iffiata Irli ileuit-ces i as Stal4e upiliI
and fedirml apenches,11i[w example discli C"cnsUS Bureau,US.IFilsdw mind Ili Siervice,Enidirouniziflid 111'roleellon Agency,National Ocinnic
arid Aftnuiplacric Aditithwishraidom the Applicant must proWde A link lie each pubfidly tivallable dala'smilriim,III,"
Sce aucii documeni,namcd'Bcs1,ik,vaflablc,Sdcnce,Revisictl' bir lickads issadwIrdwilih ihis ifuestion
Asummery olhow the spliticauill'a unefiliqx1%ressisnably RuppoxVii aire adapWfle to IGlialp CiDawl 111teglim Ir 01 im,hiararnitiflon suilipliparthig the
prallposed sc Hvity Irdnrs unot rkd ircolIy pertain Iln the Gulf Coast Rlegion.
.....................
Ali ild'idds wiark,li picum ftoii In Monwe Couli dw G"If 11i Region,"nite firojwsaitined in Taivernicr in the Upper Keys and ..1.111.r.1h,
endre(,'ounily.Mcm W'dic piecr,revzowed hii on dirsi 111FICaribblean sughiNn rasqoradun was dthcr h4siedw rcscmrch oundwed m Mcmida
iftione oil-,an rescarch IM)UShout the Carlibiatiat that iricki laic work inFilodda.
...................
Asummary of wis Iunradaatluan of IuwacartadurRdes rawnad ritilblia achieving i pirt4ect"A b"t tivw1able science uulbjectdves eager Ilho bmiligur lierin;11.1
ithere RUN unceillaiinty ior iii-13k that In 5-10 years 1111w projectiprogrillwo,111 imobsolete ar ii Funcilan as planned gIvillin projediii oi levid ii-ise vir
other IYrmp wUur mnromuwoewmR,alp chunge Nuch n In fireshwaller hits flivas to esituadva?
"Me kilend'its,orthis pli;;.,an he uAwnod huffi in tticshortwms and in die tOng-4CITTIL In the xhail.lerm.outplamcd conds imnwdiaidy macs,c five,c.rd
cwpier w t1i and ritecim;pt,,scarch ahow%im npid change in fish abundance,richni and carniaiunity compciaMon ail:0.3lawatico shes(Opd cit&L,20H)
'111be nui ii irmy qukMy Iasdlw ta in the rezratlid kghl lo provide,the twmc=nyiMm funch"!waq flalunt colnW�%. thc'sc combi'Will
imiltrilhuiia lnscxtga�rcjmwdilcjknn iind hc�p,av re�'CCkj Cgr�jCg' iii'LIllikinni qwdim,are qlarfing to Alow that caral 4irvae are atui ovmM soundiLapes
(I.AlUt Ck ail.,.20M'Vcr=gJ Ct al.2.0h)).son by avrarlaig inycn,07ratcs and rmh thin are imponalm PaMA 111 IhC NICTfCCOSYSM W10 MaY bCCnCGUU'tlLrinp1,rVil'al
iiiI Ira scull in roquired Runiciiincis am pose aimry read Ihinc-at to bints ixxial nurnerics and nrskored sims,fhisrleanes kina and 1Witti imuscd
Ilan pi W'the Florida ni.-rcr inwa and IbroiIi the Cadhiscan A ntonher of thr unzisedes iand irciaoradan sitics hi Brida surazincA
subsiantial itaxnage,"I"he Coilml RintorAtion lCunumixtin hosted awebinai February i AhBuflding Rinqnratbi Flwa)Sri 4o MittguniII 1jilli
I jj!.'SSoFM fripin Ifni mstCii but bruuj.,,hk Ii.71l pinwitiflunexis frapm F11trida kind dhc Caribbeian lo Iulwuarc ICUwc ki tir the InuTicrancs an ii
jimpsam and in di1scuas ways to tiuUd our pror,,nil sUi in thc Fuilwc
yx
hudditig, 1Ak0mirmoand-nllaiNa/),MHFIy of ibc nuncrics and
DulplanCelicehad swritilar impLis and rnosa apt'IN"'M are Mia waii in Ibc casc v4'si threct hit ffixn a i hur6ca=The main takcaway ftlam thc:
that the,he-%I way to rn-tuct clur hi Incii Inspremil risk hY oulphi qo inany,JURxent rwf'iirahiliavi,dupH�;afing gcnntyFw.,m in mos'e,
i IDAC nurwy,and awintaining ixxals tin dillarrnt welkisfmved nursery SUIX[Rucs,aill of whilith havc becti implenserl over Thc�years in Rorid&I I hc
PRIF'rams have,begian ihe pmcwii 11:pFirchuflifing nuncry sitni casing recclireq IFianulrr wild plan wricilui the nurtamict this summertming mrals fMrn
unhi or Icss hnpacteIg aurscrics and by bringing in ccmh�of ofqmnunhy,As uhc IrJknaie I A=gc%!lwiwu6tls utin fircrilk-it some of the Rely changm la
mW diabitm but not m3i uf tfwm.Ely Maknitainiing the diwersivY IM has surielvicd la thiis point.,iand by allowing ihc iairrew AwinnersA qospawn an the rcc'
umd pau out ffirb-gienca,wc arr,m cabx;k helping conAt quadlip ku thanScs,I114ow Marhae,Lab bias hi an twean au:dtficadun lab iiiiiia affinvu than tit
awlipfluix:imich pH lod,wali Icniplerakism W Irst how reffli pniinlic w1jiI,rej(MJU��C:Ir, !,CZ.n
I ,J.-uinatnj.In thD futui this mscarch wifl fike.ly vad
fidd Risrrrvatk.wns viii which coral suilinq aim icas suscCp0ble to Rhe i associatridwilth ocamn witriming Ind acidig-wati and wHI kidiwin ii!Nw ii
Ibroughout the Kicys
. ............................................................................................................................................................................................
-A mumimulwy al'ithe Miletralitire Irwutmrces runclusillina and any Yzincertidinthes or Irdsluru In iffie sciendilie Ilhrauuds Ihat iquold v1pliply lia din proposed acHvity,
Including any willecirtaimi illirrilsks thrit r ere Idenalifled i the pubHe or bY a 11i Const Ecosystem Rit.-MariAlon ICounell inember.
"I"he flichl of 1cwtoruahon is'Changing rapilfly lumcd on nsew ilam"Piradom ii"Walcita morc succiendW and la'ficicu, Inc' parincTs,RhHl p.wD inviAved in NIS
!!wqjw ha'Ve iserlded as licichnixthl ri Inn nuirisher of pracesscs arieluding, WivirWng the Acrinporii ir I iNtan%tndcr die Endaii SpciAw Act,„2$
Bret recommwidat iom to 1ha 19ofida Keyn bliflonall 114-drWeSanctuarY for changics to Ilyncar curmla managcnacrit plan io acciniintriodwc;and
[pi inaptruml,rinkarathin I. arts,3)1 dalmlapimcint of a resaarabonsdcricin pbo i for ibc!'hMe ofglorida amid IaRUurrs Ran iluse IM pkwifixe funding ffir
rw:.,Ro'vration and irt'sesiskill 9;11uni and Shm-p,2014),4)serving miworkirigg,ii mcm1mrsand(whaiixs Inca Iwdd$,A.pW.fia,n iscwly-ft3irmcd,CoraVRicstwadon
C:'winsonh=and5)husfinti,ilmd developimg tioili for is Cuibbean Coral:11Reskoraflon Iii Scries dun encii"Pilirapm bi-xwev.21 ircstarabon
piraedfloners and&6mWswThcT have alto pxc%cn1pj(LaL higb4ciiel andiAnarlmhops ras the leadmN in Ii Vid&Through Ihese wiienucs,
InAritti abuiliff new scilew c:Knd uzh niqurs,wfll hr read dy,xviadabic w)&prqycca pianncm arld rare will be abtu to invorlwale this into I&wolk m irral
virnc.Whilc the ilt)inrdyc,wir hiii no remon kG lx1imic that there am uncenWinii in Rhai ticiclilicr thlia wouhl rimder cur work obsWele.
Tbe chaii bicing swwdc aria those Ii make the work inam effidicilt,less rim:dy,and fikinher scMisbici To Ildwat cuual„PIMA is f4annhig amrxtingg,of Idle
Miin&hCowreill and engoirms to try to 11cimloP Awts thalaflow in to MHP14nj XVII(2w Coralls foir ICSS Icarmt Q'tii
pant,comm").
7,Key Pign.40111MINd
Directions-.iii peirsoned should hiclude ilbe nipplikent":iii Awfliviiiii Offliciall who i1q,tinthoiflzrd ilGun Ii khe,jjprwiil applileationand aww:d,l the
Project Mrectwtwha Is Ireiponsible fDg-rinse project,and the Financial IlyMirerwho Lis iresjjlminslble rair anaKiuudadunwnap the acewmiallng and finencial
irecordi of jffijr grall1j,.,111rile Direct Compaillerwill Slandard'rermsaind Condillona ptiquh-c 01 Ile siplipUcant fit ti TreftsuiT iff Ilhirre are any changes to
key,peirsonneii.
..............................................................................
Audurrixed lr)(RdM• Monme Couniy Mayor,,BUIM Rtcc Pniijett iNreclor..tcghtlittlyc Affaim&Grew Aicuquisidan[Anxitor,i isa Tcnn y'siml Finai
Sahrmcipuml PwqjCCL Maii,(Wi0in Ulf0c,Snudt Rniiij Marine Cillservalkin Mani SilAwceciplem F"llawlec-Swaanc Hirfloi Grams Sperdahm
Flage 5 of 7 Page 5
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lit! T-
Ci C4
0 6)
"ith thr'Appfittiant's Minklyear Ei a
4)
Diredittiti Ditti whetberthe prapotied scope of,iffork differs Frosin 0 to wit-mipaindfing lideniNfled W the appIllcamVin Mufflyear
Plenvirrepled by'Trensury,,If no cillfercoces uxils,make RU RMPIRIM&C SlailtMi aS I'D ffiPlr COVed.i C.)
.Y� (a
o Is thm,will lv-cwpianirdAn ffic years%incc Nis prii%%as
SIDNiC MiMM ChangCS have:lven trade tv,the Scoyv, f mi mgdi wng the nitim1wT tt�com (L
nrigin;W ysulbiinhiied data hmsimwin that Lu%D,,x=41%tend up bc nitirc successful rarficn a implanted,and ki to i Mite feniver%Cwonq On tic Fccf.T111%
is pai uhr Vy mic For the Njuldier conks,umohicia spa%n to a cxtnain sip rather than agc,The chaingic to our ie nap irnrd nuinnixrit Tr.Mcis this dcs4c ut tmtitp aw
finver ittler vmbrikm nifficir than nitany,sinitaller frar pine:L a q,
%11111osiffik Material R61cm to duwu trafaerat iaanrl klislatittie ilhe Prop andAdhPhi
DireeflaitNi 1jit the poes1hk me Uidi 11119113,1 inpitmOMIlOnOl,ifsA,MgTilletary,hitidgelary,oritirdlis&21 ditka,With a btilefdhicutislon tiftin;118arjan ittreirgi m ahal
Me applicant mi need ka tartanvin hit order to ttMgikwnrnt undhar mahimWn ft prutm.teed i sr the appitcant. that them vr:ra me Maltrial HjkA go
kinjilephent und Owtointain UIC titrapastixf arllvlktr„flien put Tilisne'Van the Risk column bi
Rlsk
Lxrss 14
conds
due M Secure txnz�Lrcm�closer M ditic buttona to avoid datmitagie Frurn swa,kig,check ali aox.,luncin gvinls(9ftrecs and hhxks,reauladi hn.Acr,coral
fta v
p ��Jv Ed lowing darna C
SIOMI pnicnism the nursM or ouq'flmi itin thcrccf immediaik
damage
Lv%of misceedn be culIci c brwith cuyt vant thesprexhse g as
pd rcow m indluidiiW colony'"c-urzlis
i sheivingsiii;ns of ailicase art,,nok yo al or i iiied iundA an,sks r diseasc wimpacts are tra;kcd Yn ft numay Forwent genctic
,FIitie to ittral lies thdk Kre pil"Jiv"MY sarmCeplNe might nut he otiapizinted wHh.those ffiat ur,pari haritly moy be.owplarnml mare(itiquently;W�
discasm I nursefies And towplant rilkeN cuntain a vari uQcnaficstteins w buffer ati lusfics
Lass Of Not much can he dome to direcAytielp ccira,i cumivc hicaching,hul i aria not hainilitil,pinipagpired fir outplavitted whrn Me show signs rare'
corals Y
Jue is
rvess�Wit.mNing�!i;irackcd in the nursvy and gicnienc suains dmiarc pat1kuLady stiscerAibk might not ln oulpliwacd whilia thrisr,that are
pari hmnly may he,omplanited move fi-equenkly;all Titursedits and cituliplant Sjtce t�ovjLajn sUains to bitiffirr alm CS
bleaching hinst Ens
10.Permits,I and Acqi4thion,lComitnacdon,and Relocation A%sislance
Movivilion3z Altuititi flilim IdawIIlllhmnFwng Hems Conceirwairig liteivditu,conshruttillaiiiii,lattid sequisfillian,i relitcaflon ticadslartim,Ill'apipHaMe.
in)Elvirmitit
Dairisthe propiosed aclivity ii-equiremitty Federal,WIWI,almle,air'IDcalli itermilts?Ditir itatenflall redittral pertnits ineeded,
screw I 45a,'fic., w tgo
It yes,Illist'the spleeffic r0derall,Iiii tialite,or lim,,M piervAlls required For thilit priti and the Stalus ot the percinilim
Natkinal Madne Fidicrtm mice Biological Opininto all sLagh(on mi-el irc.nntatirm winrk is coven,,il under a Hfi-lo&al Opinkot inhuaincid hy 11ii()AA`X
Rettitorw kin C`cn iter Niulgi cxvai wmk is covcred uni Biological Opinion obtaiini lrj the Monda Kcy�;Ninional Marine Sanctuary Bi Keys
Nuflunal Marine Sanciustry..all staghturn work h,6 covercd by,exhi MiMs permils.klme ruuntl ub,Wn a lm:,Tm:it Fix houlolcrLoral work Florida rish and
1i Colurtereation Comi Srmial Acfi,ddrs:lJccnv:-all sw9hoin me is covered by cxL!ain&SALs;MIDIC%Vffl Obtain!a PiCrMit[Car hOUIdIT i.'rViraj
work
th)L.and Actitalitiftlion anti CoNstruellitan AittlivIfles
'Will land be improved? ecs M111 No
It ygi answur 9111sesitiona 160
Will land ror Inlitti-ml In lond!be atquhred?
JW'Yreg.iiii quesdom il-,tM
L'What aire 1111ite legall dghts thai be acquired7 L
Picase eaplain"CHher'
iL rid an eusemetat,what is chc 11life ofthir r"Semetil?
HL Iffill than alliplileant hollid itltle to the himidy it iires i Pilo
iv 'Whalfa the tolalacresite Toff"m propused proput-i;1vinleirest habittacqWrietl(easemiunt orfre litlel?
v.,Ho theappigicong obtained a recent cerfifled appraisal of the pirtiperty?riff yes,allach a ropy or the apprabsiL gr Y., r M,
vi.Her the tepplicanit obtained a recent title opinion or certificate?If yes,attach a copy ol'ithe fide opinion or
ceruncate- r Ye, r No
vlL Attack a signed stalivii rrom the seller(s)that helshe Is a willing seller and lha3 int been coerced data selling or conveying the Oiroporty
linleresit.
IflL Attach the legal descirlinligin of the property and the tax parcel nunii
(c)Relocation Assistionce
Will t 1�he p roposed pmjcd cause the displacemet or may persons,n busiess nes,or to rm opeirallons? F Y., 7 N.
lr yvs�as required by'rifles 11 and III of the Unlrairm Relocation Assistance and Real Property Acquisition Policies Act or 1970,explain.the" I
IPag e 6 of'7 Page 6
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M N
O lh
a
!number of displaced pc Including businesses and rarm operations;what rair and reasonable relocation payments and advisory services wilil +,
be provided to any displaced persons;and what provisions will be made to ensure that safe,decent,and.;sanitary replaicement dwelllings will be N
'available to such persons within a reasonable period of time prior to displacement. V
ttS
a
Acco"Ung to Me Paperwork Act of 1 ,no
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t numben The YWM OMB control number for Comments
complete ibis luthronalloo.collecdon,l time to review
1 i a a " n e data
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TABLE OF CONTENTS a.
RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAIM-
SPECIFIC'DER MS AND CONDITIONS.........-.........................---....... .....--......... ...... ...................... I
A PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT......................... .................................. 2
B PROS RAM-SPECIFICTERMS AND CONDITIONS.-AWARDS UNDER THE CENTERS OF
EXCELLENCE RESEARCH GRANTS PROGRAM........................................ ........... 3
STANDARD TERIMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT AND
AWARDS UNDERTHE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM
c FINANCIAL REQUIREMENTS..... .................. ........................................... ..............—.4
D RECIPIENT REPORTING AND AUDIT REQUIREMENTS.........---..................... ........7
E FINANCIAL MANAGEMENT SYSTEM AND IN CONTROL REQUI REM 9
IF RECORDS RETENTION REQUIREMENTS.............. ................... ......... .....10
G THE FEDERAL GOVERNMENT'S RIGHT TO INSPECT,AUDIT,AND INVEST[GATE.—,....-...I I
H AWARD DISBURSEMENT................. ...................... ..................--..........12
1 EFFECT OF AG OVERNMEIN T SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY
OF TREASURY PERSONNEL.,.......................-....---.................. .......... ......... ........13
i NOTIFICATIONS AND PRIOR APPROVALS...................................... ......--................. 13
K ............--.............. --................ ....... ......................4 14
L AMENDMENTS AND CLOSEOUT.......................-- ...................... ........ .....................-Is
M REMEDIES FOR NONCOMPLIANCE-- .. ...........-- ...... ................. ......... .......................16
NDEBTS....--- ................. ..............----...................... ................ 17
0 NON-DISCRIMINATION REWREMENTS.......... ...-................. .................... 18
P REQUIREMENT TO CHECK DEBARMEN'r AND SUSPENSION STATUS OF SUBRECIMENTS,
CONTRACTORS, SUBCONTRACTORS AND VENDORS............... ....... ..........----20
a DRUG FREE WORKPLACE................ .......--......... .......................................----20
R LOBBYING RESTRICTIONS............ ............. ..............I..........
S PROCUREMENT—.......... ........ ................. ........... 22
'T RESEARCH INVOLVING HUMAN SUBJECTS-... .................. ............ ....... 23
U ENVIRONMENTAL REQUIREMENTS......... ....-........-......................... ........ 23
v MISCELLANEOUS REQUIREMENTS AND PROVISIONS......................................... 24
SUPPLEMENTAL STANDARD TERIMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT IFOR ACQUISTION AND IM PROVE MENTSTO REAL PROPERTY
w ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY....,................... 34
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RESTORE ACT FINANCIAL ASSISTANCE RD TERMS AND a
DTICONDITIONS
PREFACE
The grant agreement is comprised of the folio ing documents:
1. A Notice of Award from the Department of the Treasury("Treasury");
1 The RESTORE Act Financial Assistance Standard Terms and Conditions("Standard Terms and
Conditions");
3. The RESTORE Act.Financial Assistance Program-Specific Terms and Conditions('Program-
Specific Terms and ondrtlons"))
4. The approved application, including all documents,certifications, and assurances that are part of
the approved application;
5. The approved scope of work;
6. The approved budget;and,
7. Any special terms and conditions applied by Treasury to the award("Special Award Conditions").
The recipient must comply,and require each of its subrecipients,contractors, and subcontractors
employed in the completion of the activity,project,or program to comply with all federal statutes,federal
regulations,executive orders( Os),Office of Management and Budget(OMB)B)circulars,Standard Terms
and Conditions,Program-Specific Terms and Conditions,and any Special Award Conditions of this
federal financial assistance award("Award"),as applicable, in addition to the certifications and
assurances required at the time of application,This Award is subject to the laws and regulations of the
united States.
Any inconsistency or conflict in Standard Terms and Conditions,Program-Specific Terms s and Conditions,
and any Special Award Conditions of this Award will be resolved according to the foilowing order of
precedence:federal laws,federal regulations,applicable notices published in the Federal Register, EOs,
l3 circulars,Treasury's Standard Terms and Conditions, Program-Specific Terms and Conditions,and
any Special Award Conditions.Special Award Conditions may amend or tale precedence over Standard
Terms and Conditions and Program-Specific Terms and Conditions.
Some of these Standard Terms s and Conditions contain,by reference or substance,a summary of
pertinent federal statutes,federal regulations published in the Federal Register(Fed.Reg.)or Code of
Federal Regulations( .F.R.), FOs,or OMB circulars. In particular,these Standard Terms and Conditions
incorporate many of the provisions contained in OMB's Uniform Guidance for Grants and Cooperative
Agreements(2C.F.R.Fart 200),which supersedes former OMB Circular A-10 (the former grants
management common rule),OMB Circular A-133(single audit requirements),and all-fo er OMB
circulars containing the cost principles for grants and cooperative agreements. To the extent that it is a
summary,such a provision is not in derogation of,or an amendment to, any such statute,regulation, F ,
or OMB circular. unless a definition is provided here, definitions can be found in the RESTORE Act(Public
Law No. 112-141 (July 6,2012)),Treasury's RESTORE Act regulations(79 Fed. Reg.48039
(Aug. 15, 2014)and 79 Fed, Rego 61236(Oct. 1 O,2014),codified at 31C.F.R. Dart 34)),and/or 2C.F.R.
Fart 260.
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PROGRAIN-SPECIFIC TERMS AND CONDITIONS-AWARDS UN101E THE DIRECT a
COMPONENT
In addition to all the Standard Tenns and Conditions described in Sections C through V or this
document, all Treasury RESTORE Act awards made under the Direct Component include the
following Program-Specific Tennns and Conditions in this Section A:
a, Administrative costs are defined at 31C.F.R.§342
b. Under no circumstances may the raclplarnt use more than three percent of the
Award funds received for admW5trativa costs,.Administrative costs ado not
include indirect costs that are identified speclffi ally Wth,or readily assignable to
facilities,as defined in 2 C.F.R. §200.414,Costs home by sunbracipients do not
count toward the three percent cap.
c„ Up to 100 percent of program income may be used to pay-tor allowable
administrative costs,subject to the three percent cap.
.
The recipient must not seek any compensation for the approved program or project from
the Oil Spill Liability Trust Fund. If the recipient Is authorized to make suba cards,the
recipient must im t use Direct Component funds to make subawards to fund activities for
which any claim for compensation was ruled and paid out by the Oil Spill(Liability Trust
Fund after July 6, 't „
3.
a. If Treasury determines that the recipient has expended Direct Component funds
to cover the cost of any ineli lblle activities,in addition to the remedies available
in Section M of these Standard Terms and Conditions, per 31 C.FR.§34.804,
Treasury will make no additional payments to the recipient from the Gulf Coast
I estoration Trust Fund(Trust Fund), including no payments from the Trust Fund
for activities, proJects,or programs other than Direct Component activities,
projects,or programs, until the recipient has either(1)deposited an amount
equal to they amount expended for the ineligible activibes in the Trust Fund,or( )
Treasury has authorized the recipient to expend an equal amount from the
recipient's own funds for an activity that meets the requirements of the
RESTORE Act.
bn If Treasury determines the recipient has materially violated the tem'*of this
Award,Treasury will make no additional kinds available to the recipient from any
(part of the Truest Fund until the recipient corrects the viMatioin„
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PROGIRAN-SPECIFIC TERMS ANDN ITI I -AWARDS UNDER THE CENTERS OF a
EXCELLENCE RESEARCH GRAINTS PROGIRAM
In addition to all the Standard Terms and Conditions described in Sections C through V of this
document,all Treasury RESTORE fact awards under the Centers of Excellence Research Grants
Program include the fdlIGYA mg IProgr mn- pecific Terms and Conditions in this Section :
In addition to time prohibitions coint lned in 2 C.F.R. Part 206,Subpart rt (Cost P'dnciples),
time following costs are unallowable unless approved in wrifing by Treasury:
a. Construction, including the alteration,repair,cr r habilit tlon of existing
structures.IF cilliti s costs are allowable as indirect costs in a federally pproved
negotiated indirect cost rats;
b. Acqumisition of land or interests in land.
a. If time selection of a Center or Centers of Excellence occurs after time start date of
this Award,time recipient must promptly inform Treasury of time following:
i, Name f the Center of Excellence and time entity selected to adrrmiNst r it,
includiing the names of member organizations if the entity is u;.a
il. The DUNS Number cf the entity�
ili. Location of time entity
lV. Discipline or disciplines assigned to the Center of xc ll lnc ;
V. Description of time actual public input process undertaken, including
summmim ry of any comments received and a description of how they were
addressed;and
vi,. The estimated budget for time Center,inclmmftg time totall allocation of
funded dollars for time Center.
b. The recipient must immediately notify Treasury asnry if it anticipates selecting a new
entity or consortium to serve as a Cementer of Excellence, or making other changes
to the initial selection ofCenter(s)of(Excellence described in the scope of work.
3.
In addition to the reporting requirements in SecUon D,the recipient must submit an annual
report to the Gulf Coast Ecosystem restoration Council('Council"), in a foram prescribed
by dime Council that includes!information an subreclplents4 suba w rd amounts, disciplines
addressed„and any other information required tuy the Council.When the su brecipi nt is a
consortium,time annual report must also identify the consortium mm embers.` h recipient
must provide copy of this report to Treasury when it submits time report to time Council,
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STANDARD TERMS AND CONDITIONS a.
AWARDS UNDER THE DIRECT COMPONENT AND THE CENTERS OF EXCELLENCE RESEARCH
GRANTS PROGRAM
C FINANCIAL REQUIREMENTigi
This Award is subject to the following federall regulations and requirements.This list is not
exclusive:
a., Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards,2 C.F.lk, Part 200, Subparts A through F, and any Treasury
regulations incorporating these requirements,
ib. "i-reasury's RES"I"ORE Act regulations, 31 CY".R. Part 34.
c., Govemmentwide Debarment and Suspension,31 C.F.R.Part 19.
d. Governmentwide Requirements for Drug-Free Workplace,31 C.I::,.R. Part 20.
e. New Restrictions on Lobbying,31 C.F.R. Part 21.
f. Reporting Subaward and Executive Compensation Information,2 C.F.R. Part
170.
g. Award Term related to Trafficking in Persons,2 C.F.R. Part 175.
2. §ga2a riff Wg&
The recipient must only use funds obligated and disbursed under this Award for the
purpose of caTTying out activities described in the attached approved scope of work.The
recipient must not incur or pay any expenses under this Award for activities not related to
the attached approved scope of work unless Treasury first approves an Award
amendment explicitly imodiffyiing the approved scope of work to include those activities.
3. F=129 21 Parf.g.man.g.o.;Ernavard G.2.51A
'rhe recipient must use funds obligated and disbursed under this Award only during the
period of performance specified in the Notice of Award,which is the time Iperiod during
which the recipient may incur new obligations and costs to carry out the work authorized
under this Award. The only exception!is for costs incurred prior to the effective date of
this Award,which are allowable only ff.
& Treasury specifically authorized these costs in writing on or after the issuance
date of this Award;
b. Incuirring these costs was necessary for the efficient and timely performance of
the scope of work;and
c., These costs woUd have l:,)een allowable if incurred after the date of the award.,
4. 1n.dh.'.9.2LQaWa
a., The recipient may only charge indirect costs to this Award if these costs are
allowable under 2 C.F.R. Part 200,subpart E(Cost I"rinciples).
August 201.7 Page 4
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d„ Indirect costs charged must be consistent with an accepted de rrnirnirmis rate or a
the indirect cost rate agreement negotiated between the recipient and its
cognizant agency(defined as the federal gunny that is responsible for
reviewing,negotiating,and approving cost allocation(plans or indirect cost
proposals,see 2 C.F.R.§209.E )and must be included in the recipient's budget.
o. Unallowable direct costs are not recoverable as indirect costs.
d. "rhe maximum dollar amount of allocable indirect costs charged to this Award
shall be the(lesser of:
L The lure kern airnouunt for the indirect costs contained in the approved
budget, including ali budget revisions approved in writing by the
`I"r asuury�or,
H. "rhe total indirect costs allocable to this Award(based on the indirect cost
rate approved by a cognizant or oversight federal agency and applicable
to the period in which the cost was lirncuirrad,provided that the rate is
approved on or(before the Award and data.
6, , ,6 „ �16 �tA ai�n (Put Il ifirrrltfiluns
a. The recipient is not required to contribute any matching funds.,
Ib. The recipient shall[not request or receive additicrnall funding (beyond what was
included in the approved application for the attached approved scope of work
from any federal or non-federal source Wthout first notifying Treasury.,
6. Brnammkcwa
Any prograrn Income(defined at 2,C.F.R.. §200.80)generated by the recipient or the
subrecipient during the period of performance of the award or suulbracipiant agreement,
as applicable,must be included in the approved budget and be used for the purposes
and under the conditions of these Standard Terms and Conditions and any Spacial
Award Conditions,i„a.solely to accomplish the approved scope of work.
The recipient must not incur costs or obligate funds under this Award for any purpose
pertaining to the operation of the activity, (project,or program (beyond the end of the
period of(performance.The only costs which are authorized for a period up to 90 days
following the and of the period of performance are those strictly associated with close-out
activities„ (lose-out activities are normally Hrnit d to the preparation offinW progress,
financial,and required edit reports unless otherwise approved in writing by Treasury.
Under extraordinary circumstances,and at Treasury's sole d&iretion,Treasuury may
approve the recipient's request for an extension of the 90-d y closeout period„
6 „fig
Refunds of taxes(paid under the Federal Insurance Contributions fact(IFIIA)and the
(Federal Unemployment Tax Act(FUTA)that are received by the recipient during or after the
(period of performance must be refunded or credited to Treasury if these taxes were paid out
of RESTORE Act funds in accordance with 2 C.F.R.Plart 2064 subpart E(Cost r1einciple ),
"rhe recipient agrees to contact Treasury immediately upon receipt of anise refunds.
nmmmmmmimmimuunnmmmnnnnnnnnnnnnnm
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9. R a
a. if the recipient its permitted to make suutsswwards under this award,the incipient
must execute s legally binding written agreement with the subrecipient.This
agreement must incorporate ail the terms and conditions of this Award,including
any Special Award Conditions,and must include the infmrnnstion at 2 C.F.R.
200331.The recipient must perform all responsibilities required of s pass•.
through entity,as specified in 2 C.F.R., Part 200.
b. The recipient must evaluate airod document each suulbr ilpismt°s risk of
noncompliance wwith federal statutes,federal regulations,and the teams and
conditions of the suohawward for purposes of determining tlhna appropriate
suubraciiplant monitoring strategy,as described in 2 C.F.R.§200M1(Ib).
c4 The recipient must monitor the subra iplent`s use of federal funds through
reporting,site visits,regular contact,air other means to provide reasonable
assuuramca that the subira ipi rnt is administering the subawward in compliance with
time RESTOIRE Act,Treasury's IR "TORE Act regulations,these Standard Terms
and Conditions, Program-SpecificTerms and Conditions,and any Special Award
Conditions,and to ensure that performance goais are achieved.
d„ The recipient must provide training and technical assistance to the subirecipient
as necessary.
a. The recipient must,if necessary,talks appropriate enforcement actions against
non-compliant subirecipi ruts.
f. If lower tii r sunbawards are authorized by Treasury,the recipient must ensure that
a suubracipiant who irmalkas a subawward applies the terms and conditions of this
Award,including any Special Avrard Conditions,to all lower tier suubawwards,and
that a suulbracipiarnt who makes a subaward carries out all the responsibilities of a
pass4hrmuugh entity described at 2 C.F.R. Part 200.
g. The recipient irmurst maintain written standards of conduct governing the
performance of Its employees involved in executing this Awaird and
administration of suubawwairds.
L No employee, officer,or agent shall participate in the selection, award,or
administration of a subawward supported by federal funds if a real or
apparent conflict of interest would be involved. Such a conflict would
arise when the employee,officer,or agent, any member of his or her
immediate family, his or,her partner,or an organization in which ha/she
serves as an officer or which employs or is about to employ any of the
(parties mentioned in this section, has a financial interest or other interest
in the organization selected or to be selected for a snulbawward4
ii. The officers,employees,and agents of the recipient shall neither solicit
nor accept anything of monetary value from soubrecipiernts„
HL A recipient may set standards for situations in which the financial interest
is not substantial or the gift is an uunsoiiicited item of nominal value.
financial)interest rmay inci ude ermplcyrmernt,stock ownership,a creditor or
debtor relationship,or prospective employment Wth the mrgaini aticn
selected or to be selected for,a subaward.
iv. The standards of conduct irmuust provide for disciplinary actions to Ibe
applied for violations of such standards by officers,employees,or agents
of the recipient,
Aiagust 2017 Drugs 6
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IE II:H IIPI1ENT PO "I"IN D AJ DIT REQUIREME T
a
a. The recipient must submit a"Federall Financial Report"(SF-426)on a semi-
annual basis for the periods ending March 31 and September 30(or June 30 and
December 31, if instructed by Treasury),or any portion thereof,unless otherwise
specified in a special award condition, Reports arts are due no later than 30 days
following the end of each reporting period.Afinal SIF-425 must the submitted
"thin 96 days after the end of the period of performance.
ta. In the remarks section of each F 25 submitted,the recipient must describe by
budget category the use of all funds received.
c. The report must be signed by an authorized certifying official who is the
employee authorl d by the recipient organization to submit financial data on Its
Ib to lL
d4 The recipient rnmst submit all financial reports arts via http:l/www.GrairitSollutlons.gov,
unless otherwise specified by Treasury in writing.
2®
a. The recipient must submit an F-PIP ('Performance progress Report"),a
"RESTORE Act Status of Performance port,"(standard format provided by
Treasury,OMB Approval No. f 505-02 0)and an updated"RESTORE Act
Milestones lkep ort,'(standard format provided by Treasury,OMB Approval No.
1666-0250)on a semi-annual basis for the periods ds ending March 31 and
September 30(or June 30 and December 31,if instructed by Treasury),or any
portion thereof,unless otherwise specified in a Special Award Condition. Reports
are due no later than 30 days following the end of each reporting period,except
the final rapport,whlch its due 90 days following the end of the period of
performance.,
lb„ The recipient pent must submit all performance reports In(a)above,via
Iiftlp://www.GirantSo uutions.gov,unless otherwise specified In writing by Treasury,
and the recipient sent must complete these reports according to the following
instructions:
L F-P IS: In the'performance narrative"attachment(section B of the 11%
PPR),the recipient nt must provide the following lnformatlmn,
aq In Section Ida t:
f) Summarize activities undertaken during the reporting period;
od;
2) Summarize any key a co mp iistnrrn nts,including milestones
completed for the reporting period;
3) List any contracts awarded during the reporting orting period,along
with the name of the contractor and its per ncip ai,the DUN
number of the contractor,the value of the contract,the date of
award,a Ibrlat description of the services to Iba provided,and
attuar or not local preference was used in the selection of the
contractor;and
4) If the recipient is authorized to make subawards,lust any
suulbawards executed during the reporting ortiing period,along with the
name of the entity and Its principal, the DUNS number of the
entity,the value of the agreement,the date of award, and a brief
August 2017 Page 7
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d scdpfon of the scope e f work. a
b) In Section B- :
1) indicate if any operational,lagall,regulatory,budgetary, and/or
ecological risks,arid/or any public controversies,have
materialized. If sop indicate what mitigation strategies have been
undertaken to attenuate these risks oir controversies,and
y Summarize any challenges that have impeded the recipient's
ability to accomplish the approved scope of work on schedule
and on budget.
c) In Section I6- :
Summarize any significant findings or events,including any data
compiled,collected,or created,if applicable.
dp In Section Ili- .
I::Descdlbe any activities to disseminate or publicize a results of the activity,
project,or program,including data and its repository and citations for
publications resulting from this Award.,
e) In Section Idm6:
I) Describe all efforts taken to monitor contractor and/or
sabrecipient performance,including site visits,daring the
reporting period.
2) For sautsa ands,indicate whether time sue recipiemnt submitted
an audit to the recipient, and if so, whether the recipient
issued a management decision on any find ingsi and
Describe any other activities or relevant information not already
(provided.
fy In Section -6:
unmmmadze the activities planned for the net reporting period,
iL "RlEs-rORE Act Status of Performance Report": Instructions are
(provided on the report form.
W, "RESTORE Act Milestones Deport: Instructions are provided on the
report form.
Wt,In1l„
a. Events may occur between the scheduled performance reporting dates that have
significant impact upon the activity,project„or program.In such cases,the
irecipient must inform Treasury as soon as the foilowing types of conditions
become Iknowm:
L Problems,delays,or adverse conditions which will materially impair the
ability to meet the ohpectiive of this Award.This disclosure must include a
statement of the action taken,or contemplated,and any assistance
needed to resolve time sRuyaticno
H. Favorable developments,which enable meeting time schedules and
objectives sooner or at(less cast than anticipated or producing more or
different beneficial results than originally planned.
August 2017 Page 8
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b. "rhe reccilpient must:
a
L Promptly provide to Treasury and the Treasury Inspector General a copy
of all state or local inspector general reports,audit reports other than
those prepared under the Single audit Act,and reports of any other
oversight body, if such report pertains to an award under any RESTORE
Act component,including the Comprehensive Plan Component and Spill
Impact Component.
H. immediiately notify Treasury and the Treasury Inspector General of any
indicatiion of fraud,waste,albuse,or poterntially criminal activity pertaining
to grant founds,
W. Promptly notify Treasury uulpoin the selection of a contractor or
saubrecippient performing work sunder this Award,and include the name
and DU14S number for the subrebippient or contractor,.and the total
amount of the contract or subaward.
w
AudLBaQukwmMA
The recipient is responsible for complying,and ensuring all suubrecipients comply,with ail
edit requirements of the Single edit Act and 2 C.F.lk Part 200 Subpart f"--Audit
Requirements.
The recipient must submit a reprised Operational Self Assessmentfarm no later than June
0ttn of each calendar year for the duration of this Award.Only one Operational Self
Assessment must the submitted per recilpient per year. in completing the form,the
recipient must note controls or activities that have changed from its previous submission.
The recipient rnuust suulbirrnit the OperationalSelf-Assessment electro nic lly to
r stor tre su a oy,unless otherwise specified in writing by Treasury. The form
may be downloaded at s:t .r as m o fs ice /r store-
s es irec lot ° e o n n . .
FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROI.,REQUIREMIrEflTS
t® Recipaients that are states must expend and account for Award funds in accordance with
the applicable state laws and procedures for expending and acccouurntirng for the state's
own funds., All other recipients must expend and account for Award funds in
accordance with federal laws and procedures, in addition,all recippients'tunancW
management systems must be sufficient to:
a. Permit the preparation of accurate,current,and complete F-425, SF dl PP ,
RESTORE Act Milestones Report.,and RESTORE Act Status of Performance
Reports,as well as relporting on suba ards,,if appp iicalble,and any additional
reports required by any Special award Conditions;
bo Permit the tracing of finds to a Ilevell of expenditures adequate to establish that
such funds have been used in accordance with all applicable federal,state,and
(local requirements,including the RESTORE Act,Treasury RESTORE Act
regulaborns,these Standard Terms and Conditions, Program-Specific Terms and
onnditions,and any Special Award Conditions.
c. Allow for the comparison of actual expenditures with the amount budgeted for
each Award made to the recipient by Treasury sunder the RESTORE Act.
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d, Identify and track all RESTORE Act awards received and expended by the a
assigned grant number,which is the Universal Award I D(as provided by
Treasury),the year the Award was made,the awarding agency(Treasury), and
the program's CFDA title and CFIDA rourn er(21.015).
eu Record the source and application of funds for all activities funded by this Award,
as well as all awards,anuthori atlons,obligations,uunolbllgated balances,assets,
expenditures, (program income,and interest earned on federal advances,and
allow users to tie these records to source documentation such as cancelled
checks,paid bills,payroll and attendance records,contract and subaward
agreements,etc.
ff, Ensure etff cUve control over,and accountability for,all federal ffaunds,and all
(property and assets acquired with federal funds.The recipient must adequately
safeguard all assets and ensure that they are used solely for authorized
purposes.
2. The recipient must establish written procedures to implement the requirements set forth
In section H bellow(Award Disbursement),as well as written procedures to determine the
allowability of costs lien accordance with 2C.F.R.Pad 200,subpart E(Cost Peincs ffes)and
the terms and conditions of this Award,
. The recipient must establish and maintain effective Internal controls over this Award In a
mariner that provides reasonable assurance that the recipient is managing this Award In
comnpllance,oAth the RESTORE ,ct,Treasury's RESTORE Act regulations,these
Standard Terms and Conditions,Program-Specific Terms and Conditions,and any
Special Award Conditions„These internal controls should Ibe in compliance with guidance
In"Standards-ffor Internal Control in the FederalGovernment"Issued by the Comptroller
General of the United States or the"Internal Control Integrated Framework",issued by
the Committee of Sponsoring Organizations of the Treadway Commission( ), The
recipient must evaluate and monitor its compliance,and the compliance of any
snubreclplents,with the RES1" I Act,Treasury's RESTORE Act regulations,these
Standard Terms and Conditions,Program-Specific Terms and Conditions„ and any
Special l wward Conditions, and promptly rennedy any Identified instances of
noncompliance.When and if an instance of noncompliance cannot be remedied by the
recipient,the recipient must promptly report the instance of noncompliance to Treasury
and the Treasury Inspector General,followed by submitting a proposed mitigation plan to
Treasury.
4. The recipient must take reasonable measures to safeguard protected personally
identifiable information(IFI1)consistent with appllicabl[e ffederal,state,and local laws
regarding privacy and ob[igations of confidentiality„
IF RECORDS RETENTION REQUIREMENTS
,t. The recipient must retain all records pertinent to this Award for a period of three yea irs,
beginning on a date as described in 2C.F.R. §200.333. While electronic storage of
records(backed up as appropriate) is preferable,the recipient has the option to store
records in hairdcopy(paper)format. For the purposes of this section,the terra"records"
includes but its not limited to:
a. Copies of all contracts and all documents related to a contract, including the
Request for Proposal(RFlp),all proposals/buds received,all meeting minutes or
other documentation of the evaluation and selection or contractors,any disclosed
conflicts of interest regarding a contract,all signed conflict of interest forms,all
conflict of interest and other procurement rules governing a particular contract,
and any hid protests;
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b� Copies of all su baywards,including the funding opportunity announcement or a
equivalent,all applications received,all rineetiing minutes or other docummerntation
of the evaluation and selection of suubrecipients,any disclosed conflicts of interest
regarding a su baward,and all signed conflict of interest forms);
c. All documentation of site Asits,reports,audits,and other monitoring ng of
contractors(vendors)and suutnrecipleunts);
d„ All financial and accouuntiung records,including records of dii bursermeunts to
contractors(vendors)and subrecipients,and documerntation of the allowablifty of
Administrative Costs charged to thisAward;
e. Ali supporting documentation for the performance outcome aind other Information
reported on the recipient°s F-4 6s, F-PI" s,RESTORE Act Milestones
(Reports,and RESTORE duct Status of l3eirfo rmarnce Reports;and
f. Any reports,publications,and data sets from any research conducted under this
Award.
. If any Ilitigatiorn,claim, investigation,or audit relatirng to this Award or an activity funded
with Award funds its started before the exp'iratiiorn of the three year period,the records
must be retairned until all litigatioun„claims,investigations,or audit findings involving the
records have been resolved wind final action taken.
3. If the recipient is authorized to enter into contracts to complete the approved scope of
work,the recipient must include in its legal agreement Wth the contractor a requirement
that the contractor retain all records in coimpliaunce with 2 C.F.R. §200333.
4. If the recipient is authorized to make subawards,the recipient must include in its legal
agreement with the saubrecipient a requirement that the so ireciple¢nt retain all records In
compliance with 2 C.IP.R.§200.331
TIl-1 1E FEDERAL GOVERNMENT'S RIGHT TO MpEar,AUDIT,AND INVESTIGATE
�4
a. Treasury,the Treasury Office of Inspector General,and the Government
Accountability Office have the right of timely and unrestricted access to any
documents,papers or other records,including electronic records,of the recipiernt
that are pertinent to this Award,iun order to make audits,investigations,
examinations,excerpts,transcripts,and copies of such documents."rhis right
also Includes timely and reasonable access to the recipient's personnel for the
purpose of Interview and discussion related to such documents."this right of
access shall continue as long as records are required to be retained.
b. if the recipient is authorized to make subawards,the recipient must include in its
legal agreement or contract with the suhrecipieunt a requirement that the
suubrecipiernt maize available to Treasury,the Treasury Office of Inspector
General,and the Government Accountability Office any documents,papers or
other records,including electronic records,of the suubre ipiernt,that are pertinent
to this Award, in order to make audits,Investigations,examinations,excerpts,
transcripts,and copies of such documents., This right also includes timely and
reasonable access to the subrecipient"s person in el for the purpose of linterAew
and discussiorn related to such documents.This right of access shall contiinue as
long as records are required to be retairned(see Section F above).
c. if the reclpiernt is authorized to enter!into contracts to complete the approved
scope of work,the recipient must include in Its contract a requirement that the
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contractor make available to'treasury,the Treasury Office of Inspector General, a
and the Government A,ccourntaldliity Office any documents,papers or other
records,including electronic records,of the contractor that are pedinent to this
Award,in order to mace audits,lmveslii aboims,examinations,excerpts,
transcripts,and copies of such documents.This right also includes timely and
reasonable access to the contractor's personnel for the purpose of interview and
discussion related to such documents„This right of access shall continue as long
as records are retained(see Section p above).
2.
The Treasury,the Tireasnury Office of Ilnspector General„and Government Accountability
Office shall have the right during normal business hours to conduct announced and
unannounced onsite and offsite physical visits of recipients and their snu recipients and
contractors corresponding to the duration of their records retention olbliigation for this
Award.
II-I AWARD DISBURSEMENT
I. Unless oche se specified in a Special Award Condition,Treasury wwiill make advance
payments under this Award, However, if one of the following occurs,Treasury will
require Award funds to the dislbursed on a reimbursement(basis either with or vAthout
pre-approval of dra dowwn requests:(f)Treasury determines that the recipient does
not meet the financial management system standards(see Section )included irn
these Standard Terms and Conditions, (2) Treasury deter lees that the recipient tins
not established procedures that wwiil minimize the time elapsing between the transfer of
funds and disbursement,or(3) Treasury determines that the recipient is!in
noncompliance with the l:: T0IRl:':Act, Treasury's RESTORE Act regulations,ether
pertirnenrot federal statutes,these Standard Terms and Conditions,Program-Specific
Terms and Conditions,andfor any Special Award Conditions,and determines that the
appropriate irernedy its to require payment on a reimbursement(basis.
2m If reimbursement is used,Treasury may require pre-approval of drawdowwn requests. If
Treasury regnuires pre-approval of drawdown requests, Treasury Y4 provide the
reciplent with instructions on what Milling to submit.Treasury will make payment
thin 30 calendar days after receipt of the billing,unless"l"reasury determines the
request to Ibe iirmproper, in which case payment vdil not be made.
3. To the extent available,the recipient must disburse funds availalblle from program
incorme,rebates,refunds,contract setftements,auudit recoveries,and interest earned
on such funds before requesting additional cash payments of Award funds.
4. Treasury Mil use the(Department of Treasury's Automated Standard Application for
Payment(ASAP)system to disburse payments of Award funds, In order to receive
payments,the recilpient must first enroll in Aa A P.gov. "treasury creates and funds
account(s)for recipients in A Aulp. ov,and recipients access their account(s)online to
irequest funds. All Award funds will be disbursed electronically using the Automated
Clearing House(ACH)for next day or future day(payments only, Awards paid through
ASAP.gov may contain controls or withdrawal limits set by Treasury„
6m Requirements uuirements applicable to recipients that are states: Payment methods of state
agencies or in struumentalities must he coins istent with Treasnury-Mate agreements under
the Cash Management Improvement Act,31 C.F.I .Dart 205"Rules and Procedaures for
Efficient Federal-State Funds Transfers,"and Treasury I::inanci i Manual(Tl:::IM) -2660
Overall Disbursing Rules for All(Federal Agencies.
6. Requirements applicable to recipients that are not states:The recipient must minimize
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the time between the transfer,of funds from Treasury and the use of the funds by the a
recipient. advance payments to the recipient must be limited to the minimum amounts
needed and be timed to be in accordance with the actual, immediate cash requirements
of the recipient in carrying out the purpose of the approved activity,project,or program.
The timing and amount of advance payments rest be as close as is administratively
feasible to the actual disbursements by the parish or county for activity,project,or
program costs and the proportionate share of any allowable indirect costs. Advances
should not be drawn down more than three business days before expenditure.
Advanced funds not disbursed in a timely manner must be promptly returned to
Treasury.The recipient must make timely payment to contractors(vendors)in
accordance with the contract provisions.
7. advances of federal funds must be deposited and maintained in Ignited States
ouerr went-insured interestµbeadng accounts whenever possible. The recipient is not
required to maintain a separate depository account for receiving Award funds., if the
recipient maintains a single depository account where advances are commingled with
funds from other sources,the recipient must maintain on its books a separate suubaccount
for the Award funds. Consistent with the national goal of expanding opportunities for
women-owned and rminoruty-owned business enterprises,the recipient is encouraged to
ensure fair consideration of women-owned and minority-owned banks(a bank which is
owned at lest 50 percent by women or minority group members).
B. The recipient must maintain advances of federal funds in interest beadng accounts,
unless one of the following conditions applies:
a. The recipient receives less than$120 00 in federal awards per yearn
b. The best reasonably available interest bearing account would not be expected to
earm interest in excess of$500 per year on federal cash balances;or
c. The depository would require an average or minimum balance so high that it
would not be feasible within the expected federal and non federal cash
resources.
9. n an annual basis,the recipient must remit interest earned on federal advance
payments deposited in interest-bearing accounts to the Department of Health and Sturman
Services,Payment Management System, Rockville,MD 20662.Interest amounts Up to
$500 per year may be retained by the recipient and used for administrative costs.
I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY
OF TREASURY PERSONN L
In the event of a federal government shutdown,Treasury will issue guidance to the recipient
concerning the expected effects on this Award.
NOTIFICATIONS AND PRIOR APPROVALS
1.
In addition to other notifications required sunder these Standard Terms and Conditions,
the recipient must promptly notify Treasury in writing whenever any of the following is
anticipated or occurs
a. A vacancy or change to key personnel listed In the application.
b. Any termination of a subaurward prior to the expiration of the agreement with the
subreciplent.
c. Except for changes described in(2)below,the recipient may revise the budget
without prior approval. if the recipient alters the budget,the reciil3ient must
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provide a revised budget form QSI:::m424A or SF-424 s applicable)to Treasury a
s an attachment to the SF-PPI p reflecting all budget revisions from the wane
period covered by the Sp-PPI „Acceptance of such budget information does riot
constitute Treasury's approval of the remised budget.
. 'The recipient must obtain prior written approval from Treasury whenever any of
the following saloons is anticipated:
L A change in the scope or the objective of the activity, prgject„ or
program(even if there is no associated budget revision requiring
(prior written approval);
H. A need to extend the period of performance;
K A need for additional federal funds to complete the activity„ project,
or program;
M The transfer off-funds among direct cost categories or programs,
functions,and activities if this Award exceeds the Simplified
Acquisition Threshold(defined at 2 C.F.R.§200.88)and the
cumulative amount of such transfers exceeds or Is expected to
exceed 10 percent of the total budget as(last approved by Treasury',
V., The subawarding,transferring or contracting out of any work under
this Award(this provision does not apply to the acquisition of
supplies, rmat rlallx equipment or general support services), unless
ss
described in the application and approved in this Award.;
vi. Any transfer between the non-construction and construction
n
activities;and
nail. 'The inclusion of costs that require prior approval in accordance with
2C.F.R. Part 200, Subpart I ost Principles, unless described in
the application and approved in this Award.
b. If r quostlung a no-cost extension to this Award,the request must be made no
lass than 30 days prior to the end of the period of performance for this Award,
Any extension of the period of performance requires prior written approval from
Treasury.
PROPERTY
a„ The recipient must comply with the property standards at 2 C.F.R.§2003110
through§200 316 for real property,equipment,supplies, and intan&lle
property„ The recipient must also comply with the RESTORE Act requirements
concerning the acquisition of fund and interests in Iland at 31 C,FR §34.803.,
b, No real(property or interest in real property may be acquired under this Award
unless authorized in the approved scope of work,
2.
a. IPaqulraimnants that are applicable to irecipients that are states:
L Equipment The recipient must use,manage,and dispose of equipment
acquired under this Award in accordance Wth state laws and
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procedures.
a
H. Supplies: If the recipient has a resIduuall Inventory of unused supplies
exceeding$5,000 in total aggregate value upon termination or
completion of the activity, project,or program and the sunpplies are not
needed for any other federal award,the recipient must report the value
and the retention or sale of such supplies by submitting to Treasury a
completed SF-428 Tangible Personal Property Report and F 42, -R
F/rra/Report Form no later than 66 days after the end of the Period of
Performance.
b, Requirements that are applicable to recipients that are not states:
i. Equipment andSupplies: During the period of performance,the
recipient must seek disposition instructions from Treasury for
equuipmrnent and/or unused or residual supplies acquired under this Award
if the current fair market vallue of the equipment and/or unused or
residual supplies is greater than$5,000 per unit.The recipient must
seek diisposition instructions(before dislposing of the 1property Iby
suubrmitting a completed -426 Tangible Personal Property Report
and SF-428-C Disposition RequestlReport. Not later than 60 days
after the end of the period of performance,the recipient must suubmit
to Treasury a completed F-4 6 Tangible Personal Property Report
and SI".428-B Final Report Fonn if the recipient retains any
equipment with a current fair market value greater than$5,000 per unit
or a residual inventory of unused supplies exceeding$5,000 in total
aggregate value upon termination or completion of the activity, project,
or program and the equipment and/or supplies are not needed-for
any other federal award.
L AM IENDMENTS AND CLOSEOUT
a. The terms of this Award may he amended with the written approval of the
recipient and"Treasury.
b. "Treasury reserves the right to amend the terms of this Award if required by
federal law or ragaulatlorn,
c„ Amendments must be requested in writing,and must include an explanation for
the reason this Award should be amended„
2.
ap Treasury will close out this Award when it determines that all applicable
administrative actions and all required world of this Award have been completed.
Within 90 calendar days after the end of the period of performance,the recipient
must sunbmit any outstanding SF-IPPR and REs"rORE Act Status of Performance
reports,as wellll as the requuired reporting on suuha ardso if applicable, plus a Tonal
F-425 report, unless the recilpient requests,and"Treasury approves,an
extension„
Ib. The recipient must Iliquuidate all obligations incurred under this award not later
than gg calendar days after the end of the period of performance, unless the
recipient requests,and'Treasuury approves,an extension.
mmmmmmmmmmmmtmnnnmuumnmmnnnnm
o. The reci cent rmuust roan ti refund am balances of unobQi ated cash that
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Treasury Ipaid. a
d. Wthin 90 days after receipt of reports in paragraph(a)of this section,Treasury
iillll irnake upward and or downward adjustments to time allowable costs,and then
make prompt(payment to time recipient for allowable,unreim bursed costs.
f. The closeout of this Award does not affect any of the folllowi%
iu The right of Treasury to disallow costs and recover funds on the basis of
a later audit or other review
ll. The obligation of the recipient to return any funds due as a iresult of
later refunds,corrections,or other transactions including final indirect
cost rate adjuastment%
lieu. The recipient's obligations regarding audits„property management and
disposition(if applicable),and records retenfion.
REMEDIES FOR NONCOMPLIANCE
1. If Treasury determines that the recipient has failed to comply with time RESTORE Act,
Treasury's RESTORE Act regulations,these Standard Terms and Conditions Program.-
Specific Terms and Conditions,or any Special Award Conditions,Treasury may take any
of time following actions(lin addition to time remedies in Section A,.3,above,applicable to
tirect Component awards):
a. Impose additional Special Award Conditions such as:
i, Allowing payment only on a reimbursement basis,with pre-approval of
drawdown requests,
ii„ Requiring additional reporting or moire frequent submission of the F-
4 6,SIB-PP ,or RESTORE Status of Performance Report,
IN. Requiring additional activity,project,or program rnoNtorin ,
imr. Requiring time recilplent or one or more of its su brecipients to olbtain
technical or management assistance,and/or
V. Establishing additional actions that require prior approval;
b. Temporarily withhold payments pending correction of the noncompuliance-,
c, Disallow from funding from this Award all or part of the cost of the activity or
action not in compliance;
d4 Wholly or partly suspend or terminate this Awaird�
e. Withhold additional Awards,and/or
f, Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Dart
160.
Treasury will notirfy time recipient in writing of"f reasury"s proposed determination that an
instance of noncompliance has occurred,(provide details regarding time Instance of
noncompmliance,and indicate the reimmedy that Treasury proposes to pursue. The recipient
will have 30 calendar days to respond and provide information and documentaflom
contesting Treasury's proposed determination or suggesting an alternative remedy,
Treasury will consider any and all information provided by the recipaient and issue a final
determination in writing„which will state"Treasury's final findings regarding
noncompliance and time remedy to be imposed.
2. In extraordinary circuumstances,"Treasury innay require that any of time remedies above
take effect immediately upon notice in writing to the recipient.In such oases,time recipient
ma contest Treasuu "s deternmination or su est an alternative relrned in writ!n to
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Treasury,and Treasury will issue a final deternmination. a
3e Instead of,or in addition to,the remedies listed above,Treasury may refer the
noncompliance to the Treasury Office of inspector General for investiigation or auudit,
Treasury will refer all allegations of fraud,waste,or abuse to the Treasury Inspector
General.
4. Treasury may terminate this Award in accordance with 2C.F.R.§200.339. Requests for
termination by the recipient must also be In accordance with 2 C4F.R.§200.339. Such
requests must be in writing and must include the reasons for such termination,the
effective date,and in the case of partial termination,the portion to be terminated. I
Treasury determines that the remaining portion of this Award will not accomplish the
purpose of this Award,Treasury may terminate this Award in its entirety.
6, If this Award is terminated,Treasury will update or notify any relevant gommermment-vwlde
systems or entities of any indications of poor performance as required by 41 U.S.C.
417b and 31 U.S.C.,§3321 and Implementing guuidance at 2 C.F.R. (part 180.
6. Costs that result from obligations incurred by the recipient during a suspension or after
termination are not allowable unless Treasury expressly authorizes them In the notice of
suuspension or termination or subsequently,However,costs during suuspension or after
termination are allowable if: (1)the costs result from obligatlons which were properly
incurred by the recipient before the effective date of suspension or termination,and are
not in anticipation of it;and(2)the costs would be allowable if the Award was not
suspended or expired normally at the end of the(period of performance in which the
termination talkes effect.
DEBTS
1®
a. Any funds paid to the recilpient in excess of the amount to which the recipient is
fina,liy deteumrroined to be authorized to retain under the terms of this Award
constitute a debt to the federal government„
b. Any debts determined to be owed the federal government must be paid promptly
by the recipient. A debt is delinquuent if it has riot been paid by the date specified
in Treasury's initial written demand for payment,unless other satisfactory
arrangements have been made., Interest,penalties,and administrative charges
(see paragraphs c,d„and a(below).shall be charged on delinquent debts in
accordance with 31 US.C.§3717 and 31 C.F.R.§991.9.Treasury will refer any
debt that is more than 180 days delinquent to Treasury's 13ureau of the Fiscal
Service for debt collection services.
c. The minimum annuuai interest rate to be assessed on any debts is the Department
of the Treasury's CurrentValue of Funds Rate(CVF). The CVFR is avaiiable
online at__ / .fiscal. asuary,ma sr o rtslrpUeyfrlcvfr home.htm.The
assessed rate shall remain fixed for the duration of the indebtedness, based on
the beginning date in Treasury's written dernand for payment.
d. penalties on any debts shall accrue at a rate of not more than 6 percent per year
or such other higher rate as authorized by law.
e,. Administrative charges,that is,the costs of processing and haindiing a delinquent
debt,shall be determined by Treasury.
f„ Funds fair payment of a debt must not come from other federally sponsored
programs.Verification that other federal funds have not been used will be made,
eaga,during on-site visits avid audits„
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Pursuant to 28 U,&Cp§ 3201(e),unless waived in wrifing by Treasury, a debtor who has
a,lodgment lien against the debtor's property for a debt to the united States shmi not be
eligible to receive any grant or(loam hat its mnade,insured,guuaranteed,or financed
directly or indirectly by the United States or to receive funds directly from the federal
government in any program,except funds to which the debtor is entitled as beneficiary,
until the judgement is paid in full or othervWse satisfied.
l l ,III OF Ill 11 I1 1 11 !I t11 1011 ENT
No person im the United States shall, on the ground of race„color, national origin, handicap, age,
religion,or sex, be excluded from participation in, be denied the tuenefnts of,or be subject to
discrimination under any program or activity receiviing federal financial assistance. 'lane recipient
is required to cormply,whin all warn-diiscrimination requirements suuirmmarized in this section,and to
ensure that all subawards and contracts contain these nondiscrirmiunation requirements.
& "Title VI of the Civil Rights Act of 1964(42 U3.C. §§2000d et seq.)prohibits
discrimination on the grounds of race,color,or national origgin under programs or
activities receiving federal financial asMstaunc%
b4 "Title IX of the Education Amendments of 1972(20 U.S.C.§§ 1681 at seq.)
prohibits discrimination on the basis of sex under federally assisted education
programs or activities;
c. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§79 )
prohibits discriminatioun on the basis of handicap under any program or activity
receiving or benefitting firom federal assistance;
d„ The Age Discrimination Act of 1975,as amended( 2 U.S.C.§§6101 at seq.),
prohibits discrimination on the(basis of age in programs or activities receiving
federal financial assistance;
e. The americans Wth Disabilities Act of 1990,as amended(42 UP &Ca§§ 12101 et
seq.)(*A DA"), including the ADA Amendments Act of 2008(public II-awns 110- 25,
("AD),prohibits discrimination on the(basis of disabillity under(programs,
activities,and services provided or made available by state and(local
ove°mments or instrumentalities or agencies hereto,as well as public or private
entities that provide public transportation;
fy any other applicable non-discrimination la (s).
2. B.D.OHIAMIXEmAllm
a. Treasury Title"III regulations, 31 ,,Om.Ft Dart 22, implement Title' II of the Civil
Rights Act of 1964, as armended (42 U.S.C. §§2000d, at seq.)which prohibits
discrimination on the grounds of race,color„or national origin under programs or
activities receiving federal financial assistance;
b. Treasury Title IX regulations,31 Part 26,implement Title IX of the(Education
Amendments of 1972(20 U.S, .§§ 1681 at seq,)which(prohibits discrimination
on the basis of sex uumderfederally assisted education (programs or activities.
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3, a
a. Parts II and IiI of EO 11 (30 Fed. Reg. 12 1g, 1965),'Equual Employment
Opportunity,'as amended by EO 11375(321=ed. Reg. 14303, 19 7)and 12066
(43 Fed. Reg.46501, 1676),require federally assisted construction contracts to
include the nond'uscrim!nation provisions of§§202 and 203 of EO 11246 and
Department of Labor regulations Implementing EO 11246(41C.F.R.§60-1.4(b),
1g61).
b. EO 1316 (August 11„2000),"Improving Access to Services for Persons With
Limited English Proficiency,*requires'federal agencies to examine the services
provided, identify any need for services to those with limited English proficiency
(I_IEP),and develop and Implement a system to provide those services so L PG
persons can have meaningful access to them.
4. 1PWL tftl IE� r� .e rn �tos iN �mro
Generally,'title VII of the Civil bights Act of 1664,42 U. CC §§20 6e et seq.,provides
that it shall be 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 individua.l's race,color,
religion,sex,or national origin.However,Title VIi,42 U.S.C.§2600e-1(a),expressly
exempts from the prohibition against discrimination on the basis of religion,a religious
corporation,association,educational institution,or society YAth 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.
m hecfttoun ou°_ his I�bloyyers
In accordance Wth 41 U.S.C.§4712,neither the recipient nor any of its subrecipients,
contractors(vendors),or subcontractors may discharge,demote,or otherwise
discriminate against an employee as a reprisal for disclosing information to a person or
entity listed below that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse
of auuthority relating to a federal contract or grant,a substantial and specific danger to
public health or safety, or a violatlon of law, rule,or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant:
a. A Member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Treasury employee responsible for contract or grant oversight or management;
e. An authorized official of the Department of Justice or other law enforcement
agency;
f. A count or grand jury;and/or
g. A management official or other employee of the recipient,subrecipient,vendor,
contractor(vendor),or subcontractor who has the responsibility to Investigate,
discover,or address misconduct.
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IP REQUIREMENT TO CHECK IDIESARMEINT AND SUSPENSIONSTATUS F a
SUBRECIRIENTS,CONTRACTORS,SUBCONTRACTORS AND VENDORS
1. Recipients that are authorized to enter into sub awards or contracts to accomplish all or
portion of the approved scope of work must v rlfy that a proposed suulbrecipierrt or
contractor(If the contract is expected to equal or exceed 25, t10)or its principals,does
not appear on the federal government's Excluded Parties List prior to executing an
agreement or contract with that entity.Recipients may not eater iunto a sub ward or
contract with an entity that appears on the Excluded Parties I...ist„The Excluded Parties
List is accessible at htti)://www.sam.aov,
2. The recipient must ensure that any agreements or contracts with suutrrecipi ruts or
contractors(vendors)require that they verify that their contractors(for contracts expected
to equal or exceed 25,9 ),subcontractors(four subcontracts expected to equal or
exceed$25,000),or priincipalls that the sulbreecipi nts or contractors engage to a c mrnplish
the scope of work, If applicable,dog not appear on the federal government's(Excluded
Parties List.Subreciplents and contractors may not enter into a contract or subcontract
with an entity, or that entity°s prirncipals, if that entity or its prim ip is appear on this
Excluded(Parties List.
3. The recipient must include a tarry or condition in all lower tier covered transactions
(su ba ands,contracts,and subcontracts described in 31 C.F.R.,Part 19,subpart )that
the award its subject to 31 C.IF.R. Fart 19.
DRUG FREE WORKPLACE
The recipient must comply with the provisions of the rug Free Workplace Act of 1988(Public
Law 100-690,Title V,Sec. 5153,as amended by Public I...aw 105-66, (Div.A,Title Vill, sec, 809,
as codified at 41 U.S.C. §6102), and Treasury implementing regulations at 31C.F.R.Fart 20,
which require that the recipient tale steps to provide a drug.-free workplace.
7
a. Solely for the purposes of Section R of these Standard Terms and Conditions,
.recilpient"its used as defined at 31 C,RR. §21A0 (0)„ Solelyfor the purposes of
Section R of these Standard Terms and Conditions, 'award recipient"refers to the
recipient of this RESTORE Act award from Treasury.
b., All recipients must comply with the provisions of 31 U.S.C., 13 a2, as amended,
and with regulations at 31C.F.R. Dart 21. No approprlatad founds may be expounded
by the recipient of a Federal grant to pay any person for influoenclrng or attempting to
linflue nce an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress,or an employee of a Member r of Congress In connection
with the mroaking of any Federal grant or the extension,continuation, renewal,
amendment, or moadification of any Federal grant.
2. Certification
a. Each person who requests or receives from Treasury a RESTORE Act grant shall
file with Treasury a certification, sat forth in Appendix A of 31 C.F.JR. Part 21�that
the parson has not made, and WIIII not make, any payment prohibited under 31
U.S.C. § 1352,as amended.
Ib4 "rhe certification shall be filed pursuant to 31 C.F.R. §21.100(a)and(Ib)„
Arn su r d i rate at an tier,who receives a suubaward exceeding 1g0,tltltt under
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this award, shall file vita the tier above therm a certification, set forth in appendix A a
of 31 .I::,.R. Fart 21, that the subrecipient as riot made, and will not make, any
payment prohibited by 31 CaF.R. §21.100(a). Pursuant to 31 C.F.R4 21.100(d), the
certification shall be filed to the next tier above.
d. Any contractor or subcontractor, at any tier,who receives a contract or subcontract
exceeding$100,000 under this award, shall file with the tier above them a
certifications, set forth in Appendix A of 31C.F.R. hart 21,that the contractor or_
subcontractor has not made,and will not make,any payment prohibited by 31
V& . § 1352, as amended. Pursuant to 31 .I::-.R. 21°100(d),the certification
shall be filed to the next tier above.
e. eery certification filed shall be treated as a material representation of fact upon
which all receiving tiers shall rely. All liability arising from an erroneous
representation shall be borne solely by the tier filing that representation and shall
not be shared with any tier to which the erroneous representation if forwarded.
Submitting an erroneous certification or disclosure constitutes a failure to file the
required certification. if a person fails to file a required certification,the United
States may pursue all mailable remedies, including those authorized by 31 U.S.C.
13 .
3.
a. The award recipient of this RESTORE Act grant from"Treasury, if this grant
exceeds$100,000, shall file with Treasury disclosure form F-LI...L, set forth in
Appendix B of 31 CF.R. Dart 21, if that award recipient is paid or will pay any
funds, anther than Federal appropriated funds,to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of any agency,a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant.
b. Every recipient of a subaward sunder this RESTORE Act grant from Treasury, if
this grant exceeds$100,000, shall file with the tier above it the disclosure form
F-LLL, set forth in Appendix B of 31C.F.R. Part 21, if that recipient has paid
or will pay any funds, other than Federal appropriated funds,to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal grant. Each tier who receives the
completed and signed F-LLI...disclosure form shall forward it to the tier above
it, and the award recipient of this RESTORE Act grant from Treasury will
forward it toTreasury.
c. Every recipient of a contract or subcontract under this RESTORE°TO Act grant
from Treasury, if this grant exceeds$100,000, shall file with the tier above it the
&closture form F-LLL, set forth in Appendix B of 31C.F.R. Dart 21, if that
recipient has paid or will pay any funds, other than Federal appropriated funds,
to any person for influencing or attempting to influence are officer or employee
of any agency, a Member of Congress,an officer or employee of any agency, a
Member of Congress,are officer or employee of Congress,or an employee of a
Member of Congress in connection with this Federal grant. Each tier who
receives the completed and.signed F-LLL ftclosure form shall forward it to
the tier above it,and the award recipient of this RESTORE Act grant from
Treasury will forward it to Treasury.
d. Every F-LI...L disclosure form filed shall be treated as a material representation
of fact upon which all receiving tiers shall rely. All liability arising from an
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erroneous representation shall The borne solely by the tier filling that a
representation and shall not be shared with any tier to which the erroneous
representation its forwarded. Submitting an erroneous certification or discllosure
constitutes a failure to file the required certification, It a person-fails to file a
required disclosure, the united States may pursue all available remedies,
ftluding those authorized by 31 U& . § 1352,
e. Pursuant to 31 C.F.M. 5 21.11 O(c),every recipient must file a new disclosuure
form at the end of each calendar quarter M wwhich a payment, or an agreement
to make a Ipayment, is made wNch would have otherwise required reporting at
the Ume of application. Moreover, if an event occurs during the calendar
quarter wwhich materially affects the accuracy of infformation reported on the
disclosure form previously submitted,the submither must file a new ftclosure
fformm., Events which"materially affect"the accuracy of information already
reported include:
i. A cumulative increase of$2,5,000 or more in the amount paid or
expected to be paid for influencing or attempting to influence a covered
Federal action',
it. A change in the persons(s)influencing or attempting to influence,
andlor
iii„ A change in the Federal official(s) contacted to influence or attempt to
influence a covered Federai action,
c "1"he award recilpient must submit its form F-l...l...l...s, as well as those received
from subrecipiernts, contractors and subcontractors,to Treasury within 36
calendar days follovAng the end of the calendar quarter in which there occurs
any want that requires disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed.
6" The ward recipient must include a statement irn all subaward, contracts and
subcontracts exceeding$100,000 in ffederap-ffuunds,that the subawward,contract,
or subcontract is subject to 31 U.S.C. § 1352,
h., The ward recipient must require subrecipients, contractors and subcontractors
to submit ffori n F-l...l...L to the ward recipient Wth 15 calendar days following
the end of the calendar quarter in which Mara occurs any want that requires
disclosure or that mr atenallly affects the accuracy of the infformnation contained in
any disclosure from previously filed.
S PROCUREMENT
1. The recipient must comply with Section 6062 of the Solid Waste Dislposal Act,as
amended by the Resource Conservation and Recovery Pact."1"Ihe requuirerments of Section
6662 include procuring only items designated in gu defines of the Environmental
Protection Agency(EPA)at 46 .,F.R. Part 247 that contain the highest percentage of
recovered materials practicable,consistent with maintaining a satisfactory level of
competition,wh ere the purchase Iprice of the item exceeds 10�000 or the value of the
quantity acquired by the preceding fiscal year exceeded 10,000;procuring solid waste
management services in a manner that maximizes energy and resource recoveM and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EIFIA guidelines.
2. When tie recipient makes a suubawward to a subrecipient that is authorized to enter into
contracts for the(purpose of completing the subawward scope of work,the recipient must
require the subreciftnt to comply with the requirements contained in this section.
3. RJEW luirements a. linable to reci ients that are states When executing procurement
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actions under this Award,the recipient must follow the same policies and procedures it a
uses for procurements from Its non-federal funds.,The recipierntt must ensure that every
purchase order or other contract contains any clauses required by federal statutes and
Os and their imnmplermenting regulations,irmcluding all of time provisions listed in Appendix
111 to 2 C.F.R. Part 2 Contract Provisions four Non- emferad Fn0ty Contracts under
Federal Awards, as well as any ether provisions required by law or regulations.
4. equirements applicable to recipients that are not states:„"he recipient must follow all
procurement requirements set forth in 2C.F.R.§§200.318,200319,200.320,200.321,
200323, and 200.324. Ihn addition,all contracts executed by time recipiiemnt to accomplish
time approved scope of work must contain any clauses required by federal statutes and
EOs and their Implementing regulatlons,including all of the provisions listed in Appendix
11 to 2 .r.l „Part 200— ontracd Provisions forNon-Federal Entity Contracts under
Federal war ,s.
S. The recipient,sutnreoiplent, contractor,and/or subcontractor must not sub-grant or sub-
contract any part of the approved project to any agency or employee of Treasury and/or
other federal department,agency,or instrumentality Wtlhcut the prior written approval of
Treasury. Treasury will forward all requests to"Treasury's Office of General Counsel for
review before making a decision„ Treasury will l notify the recipient in writing of the final
determminatiomn.
"T RESEARCH CH INVOLVING HU N SUBJECTS
1. No research Involving human subjects is permitted under this Award unless expressly
authorized by a special award condition,or otherwise in writing by"Treasury,
2. Federal policy defines a human subject as a living iiindividual about whom an investigator
conducting research obtains(1)data through intervention or imntteraction with the
Individual,or(2)idermtiflablle private information.Research means a systematic
Investigation,Including research development,testing and evaluation,designed to
develop or contribute to generalizable knowledge.
3. The recipient must rmaintaimn appropriate policies and procedures for the protection of
human subjects., In the event it becomes evident that human subjects may be irnvolved In
this project,the recipient must subrmit appropriate documentation to Treasury for approval
by the appropriate"Treasury officials„This documentation may include:
a. Documentation establishing approvall of the project by an institutional review
(board(IRIS)approved for federal-wide use under Department of Health and
Human Services guidelines;
Ib. Documentation to support an exemption for the pro)ecti
c. Documentation to support deferral for an a ammmptl n or IRB revlewwo or
d. Documentation of[RIB approval of any modification to a prig approved protocol
or to an inform ad consent form.
u Inc work invcllving human subjects may he undertaken,conducted,or costs Incurred and/or
charged for hum arn subjects research,until the appropriatte documentation is approved inn
itirng by"Treasury.
The recipient must cornplly Wth all]environmental standards,and provide information requested by
"Treasury relating to compliance with environmental standards,including but not limited to the
foil, °rug federal statutes, regulations, and IE s. If the recipient is permitted to make any
suaawards,the recipient must include all of the environmental statues,regulations, and executive
u
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orders lasted below un any agreement or contract with a subrecip e nt,and megUire the su m mipi rut a
to comply Wth all of these and to notify the recipient if the sautnm cipi rant becomes smears of any
irmpnact on the environment that was not rioted in the recipient's approved application package:
fi. National 1--fistoric Preservation Act, as amended Q 4 U..S.C.§309191 etseq.)aind
m haolo al and Historic Preservation Act,as amended(64 U &C. §312501 at
seq,)
2. The National Environmental Policy Act of'19 9,as amended(42 U.S.C.§4321 at seq.)
& Char Aim Act,as amended(42 U.S.C.§7461 et seq.), Char Water Act,as amended
(33 U.S.C. § 1251 at seq.),and EO 11736
4. The Flood Disaster Protection Act of 1973,as amended(42 U, .§4092 et seq.)
6. The Endangered Species Act of 1973,as amended,(16 U. p ,§ 1531 et seq„)
6. The Coastal Zama Management ent Act,as amended,(16 U4 S.C. 1461 et seq.)
7. The Coastal barriers ReSOLIrces Act, as amended,(16 too . . 3601 at seq.)
8. The Wild and Scenic I:Uveirs Act, as amended, (16 U3.C.§ 1271 at seq.)
9. The Sate Drinking Water Act of 1974,as amended,nded,(42 U1 &C.§300f j)
1 .°lane Resource Conservation and Recovery Act of 1976,as amended,(42 U.S.C. §
691 et seq.)
fit. The Comprehensive Environmental Response,Compensation,and Liaditity Pict
( uAp erf umnd)(42 U.S.C.§9661 at seq.)and the Community Environmental Response
Facillitstiom Act(42 U.S.C.§9691 note)
12. Magnuson-Stevens 1:'-islnamy Conservation and Management nt Act,as amended(16 U.S.C.
§16g1)
13. lumina Mammal Protection Act,as amended(16 U . 31)
14. Migratory ry Bird Treaty Act,as amended(16 U .C. §§703-712)
I6,. Responsibifides of Federal Agencies to 13rotect Migratory Mrd.s, E013166
16,. Bald and Golden Eagle Proteetilen Act,as amended(16 U.S.C.§666-666d)
17,. Marine Protection, Research and Sanctuaries Act(33 U.S.C.§§ 1401-1445 and fib U. C,
§§1431- fi 6)
16. National Marine Sanctuaries Act„as amended(16 U.S.C.§ '143'1 et seq.)
19. Avers and Harbors Act o11699 ( 3 U .0§497)
26. Environmental Justice in Minority Populations and I-ow Income Populations, EO 12896�
as amended
21. Floodp[ain Management, EO 119668 as amended by EO 13690 and,Protection or
eilamnds, EO 11990, May 24,1977� as amended by EO 12666
22. Farmland Protection Po icy Act,as amended(7 U.S.C.§4261 et,.seq„)
23. Coral Reef Protection,EO 130691nvasive Species, 1:..'0 13112
MISCELLANEOUS REQUIREMENTS AND PROVISIONS
The recipiednt must comply vAtNn all miscellaneous requirements and jprovisions described in this
section and,when applicable,meq uiime its saubirecipiients,contractors,and subcontractors t
mmnply..ws list is not a cluslvw
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Notwithstanding any other provision of this Award,the recipient must not transfer,pledge,
mortgage,or otherwise assign this Award,or any interest therein,or any claim arising
thereunder,to any party or parties,banks,trust companies,or other financing or financial
instituutions without the express written approval of Treasury.
a. The United States expressly disclaims any and all responsibility or liability to the
recipiernt or third persons for the actions of the recipient or third persons resulting
in death, bodily injury, property damages,or any other losses resulting in any
ww y from the performance of this Award or any other losses resulting in any way
from the performance of this Award or any subawwar , contract,or subcontract
under this Award.
b„ Tire acceptance of this Award by the recipient does not in any way constitute an
agency relationship between the United States and the recipient.
3.
a. The program Fraud Civil Remedies Act of 1986(31 U.S.C.§§3691-3812),
provides for the imposition of civil penalties against persons who make false,
fictitious,or,fraudulent claims to the federal government for money(including
money representing grants,loans or other benefits).
bm False Statements, as amended (f 3 U.S.C. § f 991)provides that whoever makes
or presents any materially false, fictitious, or fraudulent statements to the united
States shall be subject to imprisonment of not more than five years.
c4 False,Fictitious,,or 1::Yaudulent Claims,as amended(18 U-&Cp§ 37)provides
that whoever makes or presents a false,fictitious, or fraudulent claim against or
to the United States small Ibe subject to imprisonment of not more than fives
years and shall be subject to a fine In the amount provided in 18 U.S.C. §287.
d. False Claims Act,, as amended(31 U.S.C. 16 U.S.C.§ 3729 et seq.),provides that
suits under thiis act can be brought by the federal government,or a person on
(behalf of the federal government,for false claims under federal assistance
programs
ep Copeland"Anti-Kickback"Act,as amended(t 6 U.S.C.,§874 and 40 U. . .
276c), prohibits a person or organization engaged in a federally supported project
from enticing an eirnployee 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 Uf . „§3145.
The recipient must comply, as applicable,with provisions of the 11atch Act„as arnended
(5 U.S.C.,§§ t 60t-1508 and§§7321-7 26)which limit the political activities of
employees whose principal employment activities are funded inn whole or in part with
federal funds.
S.
The recipient is hereby unotifned that it is encouraged,to the greatest extent practicable,to
purchaseAmerican-made equipment and products with funding provided under this
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Award,
a
6. lire-__aaina,.eat ellt t9se iru f L United Mates
Pursuant to EO 13043,the recipient should encourage its employees and contractors to
enforce on-the-job seat belt policies and programs when operating company-owned,
rented or personally owned vehicles.
7'.
(Pursuant to Es 13555 and 13270,as amended,.Treasury is strongly committed to
broadening the participation of Ills in its financial assistance programs.Treasury's
goals include achieving full participation of MSIs in order to advance the development of
human potential„strengthen the nation's capacity to provide high-quality a a.ucation,and
increase opportunities for MSIs to participate in and benefit from federal financial
assistance programs.Treasury encourages recipients to include meaningful participation
of MSIs. Institutions eligible to be considered Wis are listed on the Department of
Education website at httg.,/ANww2.ed.gov/about/offices/listfocr/edlitF,-minoLftyinst.htMI.
Treasury adopts,avid applies to Awards for research,the Federal Policy on Research
Misconduct(Federal Policy)issued by the EO of the President's Office of Science and
Technology(Policy our December 6,2000(65 Fed. Reg.7 260(2000)),As prodded for in
the Federal Policy, research misconduct refers to the fabrication,falsification,or
plagiarisms in proposing,performing, or reviewing research,or in reporting research
results. Research misconduct does not include honest errors or differences of opinion.
Recipients that conduct research funded by Treasury must foster an atmosphere
conducive to the responsible conduct of sponsored research by safeguarding against and
resolving allegations of research misconduct.Recipients 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
sea.Award funds expended on an activity that is determined to be invalid or unreliable
because of research misconduct may result in appropriate enforcement action under the
Award,up to and including Award termination and possible suspension or debarment.
Treasury requires that any allegation that contains sufficient information to proceed with
an inquiry be submitted to Treasury,which will also notify the Treasury Office of Inspector
General of such allegation. Once the recipient has investigated the allegation,it will
submit its findings to Treasury.Treasury may accept the recipient's findings or proceed
with its own investigation,Treasury shall Worm the recipient of the Treasury's final
determination.
9m
Recipients must comply with the Laboratory Animal Welfare Act of 1966(Public Law 6 -
544),as amended, (7 US. Ca§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,as amended, (16 U . .§ 1531 et seq.)„ Marine Mammal
(Protection Act,as amended, (16 U.S.C.§ 1361 et seq.) (taking possession,transport,
purchase,sale,export or import of wildlife and plants)N the NoMrrdigenous Aquatic
Nuisance Prevention and Control Act,as amended,(16 U . .§4701 at 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.
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The Trafficking Viotirrns Protection Act of 2000 authorizes termination of financial
assistance provided to a private entity,Wthout penalty to the federal goverrnraento if the
recipient or suturecipient engages in certain activities related to trafficking irng in persons.
a. Provisions applicable to a recipient that is a private entity.,
't. You as the recipieunt„ your employees,suubreoipients under this Award,and
suAbrecipiernts°employees may not
i, Engage iun severe forms of trafftnoluiung in persons during the period of
time that this Award is in etteotto
iL Procure a commercial sex act during the period of tlinme that this
Award is in effect',or
Ili„ Use forced labor in the performance of this Award or suabawwards
under this Award.
2„ We as the federal awarding agency may unilaterally termirnate this Award„
without penalty, iff you or a suubreoipient that is a primate entity
L Is determined to have'violated a prohibitiorn in paragraph a.1 of this
Section V.10;or
iL 11as an employee who is determiuned by the agency official
authorized to terminate this Award to have violated a prohibitiorn in
paragraph ao1 of this Section°FAO through conduct that is either
-
A. Associated with performance under thisAward;or
B. immputed to you or the suAbrecipient using the standards and
due(process for impuuting the conduct of as individual to an
organization that are provided in 2 C.F.R. (part 180,'OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension(Nounproourement),"as implemented by our
agency at 31 C.,I:::.t . Part 19.
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
suAbrecipient that is a private entity--
I. Is determined to have violated an applicable prohibition in paragraph a.1 of
this Section V.fi e or
2. Has as employee who is determined by the agency official authorized to
terminate this Award to have violated an applicable prohibitionm is paragraph
ae I of this Section V.1 g through conduct that is either
i. Associated with performance under this Award-,or
ii, Imputed to the suubreciplernt using the standards and duce process for
imputing the conduct of an individual)to an organization that are
provided in 2C.F.R. Fart 180,'OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension( onproouuremeunt),"as
impllemernted by our,agency at 31 .F.R.,mart`fl g4
o. Provisions applicable to any recipient
1. You must inform us immediately of any information your receive from any
source alleging a violation of a prohibition is paragraph ao1 of this Section
.'9 0„
nnnnnnnnum
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2„ Our right to t rrulin to u nilatsr lly ttust is described irn paragraph .2 orb of a
this Section VA :
L Imrnp i mrr rnts section i 06(g)of the Trafficking cluing ctimms Protection Act of
2000(TVPA), as amended(22 U.S.C, §"7104(g)),,and
H. Is in addition to all other remedies for noncompliance that are available
to us under this Award.
. You must include the requirements of paragraph .1 of this Section V.10 in
any su b wv rd you make to a private entity,
d. Deflnitions. For purposes of this award tsar»
i. 'Employee'weanseither:
L Aug individuall employed by you or a suuldraciliplarot who is engaged in the
performance of the project or program under this Awardi or
Il. Another person engaged in the performance arnc f the project or program
under r this Award and not compensated Iby you including, but not limited
to,a volunteer or individuall whose services are contributed by a third
party as an in kind contribution toward cost sharing or matching
requirements.
2p 1" rc d labor means labor obtained lby any or the foiloyAng methods:the
recruftent, harboring,transp ortat'ion, provision,or obtaining of a person for
labor or services,through the use of force,fraud, or coercion for the purpose
of subjection to involuntary ntary servitude,peonage,debt bandage,or slavery.,
„ 'Private entity":
L Means any entity other than a state, local government, Indian tribe,or
foreign public entity,as those terms are defined in 2 C.FJRl § 175.26.
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 „IF:`. .§ 176425(b).
B. A for-profit organizalJon
4, "Severe foams of trafficking in persons,"4com u rrci l sex act,"and'coercion"
have the meanings given at§ 103 of the TPA, as amended(22 U.S.C.
7 t 02).
Diu
a. The award term at Appendix A of 2C.F.R. Dart 170 its hereby incorporated by
tn. The Federal Funding Accountability and Transparency Act of 2006(FFATA)
requires information on federal awards to be made available to the public via a
sirngle,searchable wwebsita.This information is available at
www.,USASpending.gov,The IFIFA`rA Subaward Reporting System (Im l )is the
reporting tell federal prime award s(4e,prime contractors and prime grants
recipients)use to capture avid report suuba card and executive compensation data
regarding their first-flier subawards to meet the 1:::'FA'rA reporting requirements.
Prime grant awnrardess Will report agaiirnst sub-grarrts awarded.The su bawward
information entered irn FSRS will then be displayed at
August 2017 page 28
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http l/ .USASpending.gov. a
co Recipients of REs"rORE Act funding are subject to FFATA subaward reporfiing
requirements as outlined in the OMB guidance on FFATA issued August 27,
2016.The recipient is required to file a FFATA suubawward report by the end of the
month following the month in which the recipient makes any subaward greater
than or equal to$25,000. This includes any action that brings the cumulative
total award to$25,000 or more. This report must be tilled electronically at
http-/Mww.fsrs.gov.
d. The recipient must report total compensation for each of its five most highly
compensated executives for the preceding completed fiscal year,by the end of
the month following the month in which this Award is made,and annually
thereafter if--
I. "rhe total federal)funding authorized to date under this Award is$25,000
or irmore;and
H. In the preceding fiscal year,the recipient received-
1 p 60 percent or more of annual gross revenues from federal
procurement contracts(and subcontracts)and federal financial
assistance Subject to FFATA,as defined at 2C.F.R.§ 170.320(and
sobs rds)o and
2) $25,000,000 or more in annual gross revenues from federal
procurement contracts(and subcontracts)and federal financial
assistance suubpect to FFATA,as defined at 2 C.F.R. 170,320(and
subawards)o and
W. The public does not have access to information about the compensation
of the executives through periodic reports filed under§ 't (a)or 16(d)of
the Securities Exchange Act of 1934(15 U. . „76umu(a),76o(d)p or
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 totall compensation filings at
hftp://www.sec.gov/answerslexecomp.htm.)
e. The recipient must report on the total compensation of its subreci ieimts"five most
highly compensated executives,as required by FFATA,and must include
provisions in every executed contract or agreement with affected subirecipients
requiring the subrecllp ent to provide all Worrnabon necessary for the recipient to
report on subrecipient executive compensation.The recipient must report on
suubreclp lent executive compensation Iby the end of the month following the month
during which the recipient makes the subaward.
f. The recipient must keelp its information current in SAM (System for Award
Management,which is the successor to the Central Contractor Registry, ( I ))
at least until submission of the final SIF-425 or receipt of flue final Award payment,
whichever its later,.This requires that the recipient review and update the
infouTnation at least annually after the inkiall registration,and more frequently if
requuired by changes in the recipient's infornmation.SAM is the federal repository
into which an entity must provide inforrnation required for the conduct of business
as a recipient.Additional information about registration procedures may be found
at the System for Award Management Internet site(currently at
s:/ ,s yl ort u ip h.
g„ If time recipient is authorized to make subawards under this Award,the recipient
must notify potential subrec'ipients that the recipient may not mare a subaward to
any entity unless that entity has provided its Data Universal lumbering System
(DUNS)number to the reciIN IN 10'01110pient.A DUN number is the nine...digit number
"u;:su. 10�7 Page 29
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established and assigned by 1Dun avid Bradstreet, Inc.to uniquely identify a
business entities.
12.
a., General Repo&ng Requirement
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all Federal awarding agencies exceeds
10,000,000 for any period of time during the period of performance of this
Federal award,then the recipient during that period of time must maintain the
accuracy of information reported to the System for Award Management( 1 )that
is made available in the designated integrity and performance system (currently
the Federal Akwardee Performance and Integrity Information System(FAPII ))
about civil,cd minal,or adrminlstrative proceedings described in paragraph b.of
this award term and condition.This is a statutory requirement under§ 872 of
Public Law 110-417,as amended(41 U.S.C.§2313).As required by§3010 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.
. Proceedings About Which The Recipient Must Report
The recipient must submit the information required about each proceeding that:
i. is in connection with the ward or perform ance of a grant,cooperative
agreement,or procurement contract fr m the Federal overnment:
H. Reached its final disposition duuring the most recent five year period;and
ili, Is one of the following:
1) A crirminal proceeding that resulted in a conviction,as defined in
paragraph e.of this award terrn and condition;
2) A civil proceeding that resulted in a finding of fault and liability
and payment of a monetary fine,penalty,reimbursement,
restitution,or damages of$5,000 or more;
3) An administrative proceeding,as defined in paragraph e.of this
award terrn and condition,that resulted in a flnding of fault and
liability and your payment of either a monetary-fine or penalty of
5, 00 or more or reimbursement,restituution,or damages in
excess of 100,000;or
4) Any other criminall,civil,or administrative proceeding if;
a) It could have led to an outcome described in paragraph b.iil.
1),2),or 3)of this award term and con itlon;
b) It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your
part',and
c) The requirement in this award term and condition to disclose
information about the proceeding does not conflict with
applicable ble laws and regulations.
c. Reporting ng Procedures
Enter in the SAM Entity Management area the information that SAM requires
about each proceeding described in paragraph b of this award term and condition,
Augusu:201.7 page 0
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The recipient does not mead to submit the information a second time under a
assistance awards that the re ipi mt received'if they already provided tlh
Worrm timm through SAM because they were required to do so under Federal
procurement contracts that they were awarded.
d. Repoiling Frequency
During any period of time when the recipient is subject to the requirement in
Ip r gr 1plhl of this award terror and condition,the recipient must report proceedings
information through SAM for the most recent five year period,either to report new
Information about any proceeding(s)that they have not reported previously or
affirrn that there is new imformnado n to report,ort, Recipients that have Federal
contract,grant,and cooperative agreement awards with a cumulative total value
greater than$10,000,000 must disclose semiannually army infbrrnatiom about the
criminal,civil,and administrative proceedings.
a. Derinitions
For purposes of this award term andcondition:
i. Administrative proceeding means a non-judicial process that its
adjuudicat ry in nature in order to make a determination of fault or liability
(e.g., Securities and Exchange Commission Administrative proceedings,
Civilian Board of Contract Appeals proceedings,and Anned Services
[hoard of Contract Appeals(proceedings).This includes proceedings at the
[Federal and State Revel but only in connection wwith performance of a
Federal contract or grarnt.It does not include audits,site visits,corrective
plans,or inspection of deliverables.,
H. Conviction,for purposes of this award term and condition, irnaans a
.judgment or conviction of a criminal offense by arny court of
cormpat nt,puurisdiction,whether entered upon a verdict or a plea,and
includes a conviction entered upon a iplea of nrulo cant ndera,.
Hi. Total value of currently active grants,cooperative agreements,and
procurement contracts incluud
1) Only the Federal share of the funding under any[Federal award with
recipient cost share or u`match� and
The value of all expected funding increments under a Federal award
and options,even if not yet exercised.
Any publications(except scientific articles or papers appearing earirng iru scientific,technical,or
professional journals)or signage produced with funds from this Award,or inform ing the
paublic about the activities funded in whole or in part by this Award, rrnost clearly display
the following Ilarnguuage:'This project was paid for Jin(part]with federal fuund'ing from the
Department ent of the Treasury under the Resources and Ecosystem s Sustainability,Tourist
Opportuunities,and revived Econornies of the Golf Coast States Act of 2012(REST RIE,
Act)„' IP ufblications(except sciientific articles or papers appearing iim scientific,techn[call,
or professional youunnals$produced wwith fuunds fircrm this Award mrmust d"usplay the following
additiornal Ilangmage:-rhe statements,findings,conclusions,and recommendations are
those of the author(s)and do not necessarily reflect the viewnus of the Department of the
Treasury."
7ag u r 2017 Page 11
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14. a
If the performance of this Award requires the recipient's personnel to have routine access
to Treasury-controlled facilities and/or Treasury-controlled information systems(for
purpose of this term'routine access"Is defined as more than 180 days), such personnel
Proust undergo the personal identity verification credential process. In the case of foreign
nationals,Treasury will conduct a check with U.S.Citizenship and Immigration Services'
(USC 1 )Verification Divisiorn,a corunpornernt of the Department of l--lo eland Security
(DHS),to ensure the individual is In a lawful immigration status and that he or she is
eligible for errnployrrnernt within the U nited States.Any Items or services delivered uurider
this Award must comply with Treasury personal identity verification procedures that
Implement Homeland Security Presidential DvDirective 12,'Policy for a Common
Identification Standard for Federal Employees andContractors', FIPS PUB 201, as
amended,and 01 Memorandum M- 6." 4,as amended.The recipient must ensure that
Its suubreclplernts and contractors(at all tiers)perforrNng work under this award comply
with the requirements contained in this Section'V.14.Treasury may delay final payment
under this Award if the suubreciplernt or contractor falls to comply with the requirements
listed in the section below.The recipient must insert the following term in all suubawards
and contracts when the suubrecipiernt or contractor is required to have routine physical
access to a Treasury-controlled facility or routine access to a Treasury-controlled
information system:
a. The subrecipiernt or contractor must comply with Treasury personal identity
verification procedures identified in the suba and or contract that implement
Homeland Security Presidential Directive 1 (HSPD-12),Office of Management
and Budget(OMB)Guidance M-06-24,as amended,and federal Information
Processing Standards Publicationo FIp s P UB 140- o as amended,for all
employees under this suubaward or contract who require routine physical access
to a federally controlled facility or routine access to a federally controlled
information system.
b. The sunbrecipient or contractor must account for all forrns of government-provided
identification issued to the sunbrecipient or contractor employees In connection
with performance under this subaward or contract.The suubreciplent or contractor
must return such identification to the issuing agency at the earliest of any of the
following,unless otherwise determined by Treasury:
I, When no longer needed for subaward or contract performance;
1. Upon completion of the suubreclpient or contractor employee's
ernploymentq or
ill. Upon suubaward or contract completion or termination.
16® EQMWnJXaW
a. The recipient may not use funds from this Award for travel outside of the United
States unless Treasury provides prior written approval.
b. The recipient must comply with the provisions of the Fly America Act, as
amended,(49 U.S.C.§40118).The implementing regulations of the Fly America
Act are found at 41 C.F.R.§§601-16"131 91-10.143.
c. The Fly Arnedca 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.
August 2017 Page 32
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d„ One exception to the requirement to fly U.S.flag carriers is transportation a
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.so .§4 116(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 munitiple"Open Skies
Agreements"cuuirrently in effect.For more information about the current bilateral
and multilater-al agreements,visit the GSA nuwebsite
httg://www.asa.aov/oortaUcontent/l 03191,11 nformatloin on the Open Skies
agreements(U.S.Govemment Procured Transportation)and other specific
country agreements may be accessed via the Department of tate's vrebsite
:/ .s t . v! f B.
e„ If a foreign air carrier is anticipated to be used for any portion of travel funded
under this Award,the recipient must receive prior approval from the"Treasury.,
When requesting such approval,the recipient must provide a justification in
accordance with guidance 1provided by 41 C.F.R4§301 10.142,which requ lres
the recipient to provide"Treasury Wth the follo 'ng: name;dates oftravel;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
recipient meets one of the exceptions to the regulations„ If the use of a foreign air
carrier is pursuant to a(bilateral agreerment,the recipient irnust provide Treasury
with a copy of the agreement or a citation to the official agreement available on
the GSA website.Treasury shall make the final deteruruination and notify the
recipient in wrMing. Failure to adhere to the provisions of the Fly America Act will
result in the recipient not being reimnbuursed for any transportation costs for which
the recipient improperly used a foreign air carrier.
16. EgUadg2atE21
a. This clause applies to the extent that this Award involves access to export-
controlled items.
b. In performing this financial assistance Award,the recipient may gain access to
[item s subject to export control(export-controlled items)under the Export
dministratiorn Regulations(EAR)issued by the Department of Camirmerce
(0 )."The recipient is responsible for compliance with all applicable laws and
regulations regarding export-controlled items,including the 's deemed
exports and ire-exports provisions.The recipient shall establish and maintain
effective export compliance procedures thirouuglhout performance of the Award.At
a rminimuumra,these export compliance procedures must include adequate controls
of 1physical,verbal,visual„and electronic access to export-controlled Items,
Including by foreign nationals.
c. Definitions:
i, Expeirt-ccntrollled iterms.iterms(commodities,software,or technology),
that are subject to tlhne EAR(15C.F.R.§§730-774), implemented by
the IDO 's Bureau of Industry and Security."These are generally known
a "dual-urse"items,iitenns with a rmillltary and commercial application,
i. Deemed xpoirtllRe-expoirt.The EAR defones a deemed export as a
release of export-controlled items(specificallly,technology or source
code)to a foreign national in the U.S. Such release its"deermed"to be an
export to the home country of the foreign national. 16 CY.11 .
August 20.17 Page 33
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42(b)(2)@).A release may take the form of visual inspection,oral l a
exchange of information,or the applicatlon abroad of knowledge or
technical experience acquired in the United States. If such a release
occurs abroad, it is considered a deemed re-export to the foreign
national's home country.Licenses from DOC may be required for
deemed exports or re-exports.
d. The recipient shall control access to all export-controlled items that it possesses
or that comes into its possession in performance of this Award,to ensure that
access to,or release of,such lteunns are restricted,or licensed,as required by
applicable federal statutes, EOs,and/or regulations,including the EAR,
e. To the extent the recipient vAshes to provide foreign nationals with access to
export-controlled items,the recipient shall f be reslponsible for obtaining any
necessary licenses,including licenses required under the FAR for deemed
exports or deemed re-exports.
fo Nothing in the terms of this Award is intended to change,supersede,or waive the
requirements of applicable federal statutes,EOs,and/or regulations.
g. Compliance with this Section V.t6 Will not:satisfy any legal obligations the
recipient 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 of rmunitlons items subject to the international Traffic in
Arms Regulations(IT )(22 C.F.R.§§ 1166),including releases of such
items to foreign nation als.
h. The recipient shall include this clause, including ttnii.s paragraph Qij, in all lower tier
transactions (subawwards, contracts, and subcontracts) under this Award that may
involve access to export-controlled uterus,.
SUPPLEMENTAL STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT
COMPONENT FOR ACQUISITIOND IMPROVEMENTS TO REAL PROPERTY
ACQUISITION D IMPROVEMENTS TO REAL PROPERTY
1® Leal and ee C acnul err
The project must comply with all applicable federal laws and regulations,and with all
requirements for state,and local laws and ordinances to the extent that such requirements
do not conflict with federal laws. The recipient is also responsible for supervising the
design,bidding,construction,and operation of construction projects in compliance with all
award requirements. The recipient must comply with,and must require all corntractors
and subcontractors,to comply with all federal,state,and local laws and regulations. The
recipient must ensure compliance with special award conditions which may contain
conditions that must be satisfied prior to advertisement of bids,start of construction,or
other critical events
2. Jift
Prior to receiving Treasury authorization to start construction,the recipient must furnish
evidence,satisfactory to Treasury,that the recipient has acquired good and
merchantable title free of all mortgages,foreclosable liens,or encumbrances,to all land,
rights of way and easements necessary for the completion of the project,
immomomCocoonuumonnm0000000ioumooimmomommmoom00000m iuuuu .p
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a
Prior to receiving Treasury authorization to start construction,the recipient must ffurnish
evidence,satisfactory to Treasury,,that reciipient has received all federal,state and local
permits necessary for the coirmpletion of the project,
4. r6,I
'Federal iinter st"refers to reel property that is acquired or irmlproved, in whole or in part„
with IE STOI t Act Direct Component funds,which must be held in trust by the
IF ecipiemt for the benefit of the(project for the IFlstirmeted Useful Liffe of the project„during
which period Treasury retains an uundivided equitable reversionary interest in the real
property(i.e.,the Ofeder l interest").
(property that is acquired or improved, im whole or in 1part,with federal essMaince is held in
trust by the recipient for time purpose(s)for which the award was made for the Estimated
Useful Life. Estimated Useful Life means the period of years that constituytes the
expected useful liffesperm of a project,as determined by Treasury,during which Treasury
anticipates obtaining the benefits of the project pursuant nt to(project purposes authorized by
the RESTORE Act. For this award the recipient has(proposed an Estimated ated Useful I...iffe
from the date of construction completion.Treasury's issuance of the grant agreement
represents its concuirrence Wth the recipient's proposed Estimated Useffull Life.
The recipient's obligation to the federal government continues for the Estimated ted Useful
I1,,,iffe of the project,as determined by Treasury, duAring which Treasury retains an
undivided equitable reversionary!interest(the"federal interest")in the property improved,
in whole or iiiro panto with the Treasury investment.
If Treasury determines that the recipient has ffailed or fails to meet its obligations under
the terms and conditions of this award,Treasury may exercise its rights or remedies with
respect to its federal interest in the project. However,Treasury's forbearance in
exercising any right or remedy in canmectdom with the federal interest does not constitute
a waiver thereof.,
6.
The recipient should not commence corustruction prig to the date of the Award.The
recipient must make a written request to Treasury for permission to commence
construction after the construction contractor has been selected and at lest 30 days
prior to construction.For project costs to be eligible for Treasury reimbursement,
"treasury must determine that the award of all contracts with associated costs are in
compliance nrwith the scope of the project and all terms and ccirrdiitions of this award,and
all necessary permits have been obtained,and the federal interest is secure„ No
construction funds may be drawn from ASAP Ywithouwt"treasury's written permission.If
the recipient commences construction(prior to Treasury's determination,the recipient
proceeds at its own risk.
Treasury will only review contract amendments or change orders which change the
scope of a contract.
Encumbering real l property on which there is a federal interest without(prior Treasury
approval is an unauthorized use of the property and of(project trust funds under this
August 2017 gage 3
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award. See 2 C.F.R. §200.316. Real property or interest in real property may not be Il
a
used for purposes other than the authorized purpose of the award Without the express,
prior written approval of Treasury,for as long as the federal government retains an
interest in the property.The property must not be sold,conveyed,transferred,assigned,
mortgaged, or in any other manner encumbered except as expressly authorized in
writing by Treasury.The recipient must maintairn facilities constructed or renovated with
grant funds in a manner consistent with the purposes for which the funds were provided
for the duuration of the Estimated Useful Life.
In the event that the real property or interest in real property is no longer needed for the
originally aiuothorized purpose,the recipient must obtain disposition instructions from
Treasury consWernt with 2 C.F.R.§20 .311
u�cordlin the pert r Q1r�te afi irn filhe Iat r'oll�k)
To document the federal interest,the recipient agrees to prepare and properly record a
'Covenant of Purpose, Use andOwnership'(Covenant), or,where a subrecipient is the
title owner,to ensure that the subreciplent prepares and properly records a "Covenant of
Purpose, Use and Ownership"(Covenant)on the property acquired or improved with
federal assistance funds. See 2 C.F.R.§200.316.This Covenant does not establish a
traditional mortgage Vern in that it does not establish a traditional creditor relationship
requiring the periodic repayment of principal and interest, or the ability of Treasury to
foreclose on the real property at any thine.lather, pursuant to the Covenant,the
recipient and/or the suubreciplent,as applicable,acknowledges that it holds title to the real
property in trust for the purblic purposes of the financial assistance award and agrees„
among other commitments,that it will repay the federal interest it it disposes of or
alienates an interest in the real property, or uses it in a manner inconsistent with the
public purposes of the award,during the Estimated Useful Life of the property.
a. The Covenant must be satisfactory in fermi and:substance to Treasury,must
include the name and current address of the recipient and subrecipient(W applicable),
the grant award number,amount and date of award and sub recipient agreement(of
applicable),date of the purchase of property(if applicable),and the Estimated Useful
Life of the project. It must also include statements that the real property will only
be used for purposes consistent with the RESTORE Act;that it will not be
mortgaged or used as collateral, sold or othervAse transferred to another party,
without the written permission of Treasury; and that the federal interest cannot be
subordinated,diminished, nullified or released through encumbrance of the
property,transfer of the property to another party or any other action the
reciplerntf ubrecipiernt takes without the written permission of Treasury.
b. The recipient agrees to provide to Treasury an aftomey2s title opinion as to the title
owner of the property,and to properly record,in accordance with applicable law,
the Covenant in the real property records in the jurisdiction in which the real
property is located in order to provide public record notice to interested parties
that there are certain restrictions on the use and disposition of the real property
during its Estimated Useful Life,and that°l"reasunry retains an undivided equitable
reversionary interest in the real property to the extent of its participation in the
project for which funds have been warded.
c. Treasury requires an opinion of counsel for the recipient to substantiate that the
document has been properly recorded,
d. Failure to properly and timely file and maintain documentation of the federal
interest may result in appropriate enforcement action„including, but not limited
to,disallowance of the cost of the acquisition or improvement by Treasury.
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e, The (Federal Interest must be perfected and recorded/filed im accordance
with state and/or local law concurrent with the acquisition of the real
(property,where an award Includes real property acquisition, arid
for counstrumctioun of buildings and (projects to improve the real (property, no
later than the date construction and/or improvement work commences.
f. When the Estimated Useful Cite of the project is ended,the federal interest its
extinguished and the federal government has no further interest irn the real
property.
gw
The recipieint agrees to administer,operate,and maintain the project for its Estimated
Useful Life In the same manner in which it operates and maiiuntains simmilar facilities and
equipment owned by it,and in accordance with state and local standards, Ilaws and
regulations. The recilpient must not be in breach of its olbligatiions under this award except
to the extent the failure to fulfill any obligation is duce to an Uncontrollable Force.
'Uncontrollable force"mneains an event beyond the reasonable control of,and without the
fault or negligence of,the party claiming the Uncontrollable Force that prevents the
recipient from (honoring Its contractual obligations under this Agreement and which,by
exercise of the recipient's reasonable care,diliigence and foresight,such recipient was
unable to avoid. Uncontrollable Forces inclunde, but are not limited to:
a„ Strikes or worm stoppage;
b. Floods,earthquakes,or other natural disasters terrorist acts;and
c„ (Final orders or inpuunctions issued by a court or regulatory body having competent
subject irnatter juumdsOctiion which the recipient,claiming time Uncontrollable(Force,
after diligent efforts,was unable to have stayed,suspended,or,set aside pending
review by a court of competent subject matter juarisdictiion„Neither the
unavailability of funds or financing,nor conditions of national or local ecornormies
or markets must he considered an Uncontrollable(Force.
10.
The recipient must complete and submit to 1"rea5ary a report on the status of the real
property or interest in real property In which the federal government retains an interest,
using a -4 g Rea/Property Status Repod form annually for the first three years of a
federal award and thereafter every five years until the end of the Estimated Useful!I...ife or
time of disposition,whichever is less, All reports must be for the(period ending
December 31,or any(portion thereof,beginning with the year of the award,and are dine
no later than 36 days following the end of the reporting period.
The recipient must,at a minimum,provide the equivalent Insurance coverage for real
property irmproved wwith federal funds as IproAded to property owned by the recipient
state,county or parish,in compliance with 2 C.F.R.§200.310.
fin 2=1&g
a. For construction or facility immproverment contracts or subcontracts exceeding time
Mmnplified acquisition threshold,the recipient or pass-through entity may request
In writing that Treasury accept its bonding policy and requirements. if Treasury
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determines that the federal interest in the project is adequately protected,the a
recipiernt or pass4hroau h entity need not comply with the foillowIng three
bonding requirements. For all other recipients and pass-through entities,the
minimum requirements foir cornstructiorn or facilllty improvement contracts or
subcontracts exceeding the simmplified acquuisitiomn threshold are as follows:A hid
guarantee from each bidder equivalent to five percent of the Laid price.The 'laid
guarantee'must comnsist of a firm commnrmnitmanernt such as a bid bond,certified
check,or other negotiable instrument accompanying a bid as assurance that the
bidder will,upomn acceptance of the bide execute such contractual instruments as
may the required WWn the time specified.
h,. A performance bond on the part of the contractor for 100 percent of the contract
price,A'performance bond"is one executed in con imectiomn with a contract to
secure fulfillment of all the contractors obligations under such contract,
c, A payment bond on the part of the contractor for 100 percent of the contract
price.A'payment bond"is one executed irn connection with a contract to assure
payment as required by law of all persons supplying labor and material in the
execution of the work provided for In the corntracL
in accordance with 44 C.F.R. Part 9, prier to Treasury's aumtlhorization to commence
construction irn a designated t 00-year floodplain,the recipient must provide evidence
satisfactorry to"rreasumry of a lF"loodpllain Notice,that the 6 -day period established for
receipt of comments from the public In response to public notice published regarding
the potential for adverse project impact on the values and fuunctions of a designated 100
year floodpllain has expired and that identified concerns(if any)have been addressed
to Treasury's satisfaction.This notice may be satisfied through a federal/state
en*ornmental assessment process used as the vehicle for public notice, involvement,
and a planabon per 44 C.IF=.I R. §9.6( ).
in addition, prior to Treasury's authorization to commence construction of structures
and/or buildings within a designated f 00-year floodplain,the recipient must provide
evidence satisfactory to Treasury of the following:
a. l=loodlplain Protection; That the project a i&eer/archltect has certified that the
project facilloty willl be adequately protected from damage by floods in this area of
apparent potential flood hazard. The evidence must include adequate
justification for the Base Flood Elevation designation for the financial assistance
award site.
ba Floodplain insurance: That the community is participaUng in the National Flood
Insurance Program,and that as regnuired,the recipient will purchase flood
insurance.
14.
Department of Il.,.alaor regulations set forth in 41C.F.R. §60 establish goals and
timetables for participation of minorities and women in the construction Industry. These
regulations apply to all federally assisted construction contracts in excess of$10,000.
The recipient must comply with these regulations and must obtain compliance with 41
C.F.R. §6 -4 from contractors and subcontractors employed in the completion of the
project by including such notices,clauses and provisions in the Solicitations for Offers or
Bids as required by 41C.F.R. §60 4.
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August 2017 Page 38
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a. The goal for participation of women in each trade area must be as follows: a
From April 1, 1961,until further notice:6.9 (percent;
b„ Ail'changes to this goal,as published in the Federal Register in accordance With
the Office of Federal Contract Compliance Programs regulations at 41 C.F.R.
60- .6,or any successor regulations~ must hereafter be Incorporated by
reference into these Special Award Conditions and,
co Goals for minority participation must be as prescribed by Appendix _60
Federal Register,Voiurme 45, No. 194,October 3" 1980,or subsequent
publicatiions. The reccipient must include the"Standard Federal Equal
Employment Opportunity Construction Contract pecifrcat'ions"(or cause them
to Ibe included, if appropriate)in all federaily assisted contracts and
subcontracts. The goals and timetables for minority and female participation
may not be less than those published pursuant to 41 .F.R, §60-6„
t6. Cointractin with small arid' " d13r businesses wo en's Ibusiness
eu�ter rise ar�d iabor suer ius area s
The recipient must take all necessary affirmative sups to assure that minority
businesses,women°s business enterprises,and iabor surpius area firms are used when
possible. affirmative steps must include:
a. (Placing qualified small and minority businesses and wromnen"s business
enterprises on solicitation iists;
b. assuring that small and minority businesses,and wnromen"s business enterprises
are solicited whenever they are potential sources
c. Dividing total requirements"when economically feasible,into smaller tasks or
quantities to permit maximum participation by small and minority business,and
wromen"s business enterprises;
d. Establishing delivery schedules,where the requirement permits,which
encourage participation by small and minority businesses,and wromen'.s
fussiness enterprises
e. Using the services and assistance, as appropriate, of such orgarni7ations as the
Small Business administration and the Minority Business (Development agency
of the(Department of Commerce,and,
f. Requiring the prir ne contractor,if subcontracts are to be let,to take the
affirmative steps listed in(a) (e)of this paragraph.
Davis-Bacon act-related provisions are applicable for a construction project if it is for the
construction of a project that can be defined as a treatment works'in 33 U.S.0§ 1 9 ;
or for a construction project regardless of whether it is a"treatment works"(project if it is
receiving federal assistance from another federal agency operating under an authority
that requires the enforcement of Davis-Bacon Act-related provisions.When required,all
prime constsUct'uon contracts in excess of$2,000 awarded by the non-Federal entity must
include a provision for compliance wwith the(Davis-Bacon act(40 Ur &C. §§3141-3144,
and §§3146--3146)as supplemented by(Department of(Labor regullations(29 C.F.R.
Dart 6, 'Labor Standards Provisions appiicable to Contracts Covering Federally
Financed and assisted Construction"). In accordance with the statute,contractors must
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be requmureal to pay wages to laborers and mechanics at a rate not less than the a
prevailing wages specified in a wage determination made by the Secretary of Labor. in
addition contracts must be required to pay wages not less than once a week.
The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor urn each solicitation.The decision to award a contract
or subcontract must Ibe conditioned upon the acceptance of the gage determination.The
non-Federal entity must report all suspected or reported violations to Treasury.The
contracts must also include a provision for compliance with the Copeland"Anti-Kickback"
Act(46 U.S.C.§3145),as supplemented by Department of Labor regulations(29 C.F..,
(Part 3,"Contracts and Subcontractors on Public Building or Public Work Financed in
Dole or in Part by Loans or Grants from time United States").The Act provides that each
contractor or suulbredpient must be prohibited from inducing, by any means,any person
employed in time construction,completion,or repair of public work,to give up any Part of
the compensation or which he or she is otherwise entitled.,The non-ffedera,ll entity must
report all suspected or reported violations to Treasury.
17. EqUALQMUMWWbLQ6LUM
Pursuant to 41 C.F.R. §60-1.4(b), Federally assisted construction contracts,for
construction which is not exempt from time requirements of time equal opportunity clause,
41 C.F.R. (Part 6 4 Ibligations of Contractors and Subcontractors, [t1he�redpientj
hereby agrees that It will incorporate or cause to be incorporated into any contract for
construction work,or modification thereof,as defined in time regulations of the Secretary
of Labor at 41C.F.R. Chapter 60,which is paid for in whole or in(part with funds obtained
from the federal government or borrowed on the credit of the federal government
pursuant to a grant, contract,loan,insurance,or guarantee,or undertaken pursuant to
any federal program involving such grant,contract,loam,insurance,or guarantee,the
following equal opportunity clause:
4 < ,. -M Equal opportunity clause.
During the performance of this contract, the contractor agrees as follows.
(1) The contractor will not discriminate against any employee or applicant for
employment because of race,color,religion,see,sexual orientation,,gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that ernployees are treated during employment without regard to
their race, color, religion, sex, sexual orientation,gender identity, or national ord in,
Such action shall include, but not be limited to time following.,
Employment, upgrading,demotion, or transfer,recruitment or recruitment advertising,
layoff or termination,"rues of pay or other forms of compensation, and selection for
training, including apprenticeship. 'The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) 'the contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color,religion, sex,sexual orientation, ,gender
identity, or national origin..
(3) The contractor will not discharge or,in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another em to ee or OCant. This rovision shall not a l to instances in which
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4)
an employee who has access to the compensation information of other employees or a.
applicants as a part of such employees essential job functions discloses the
compensation of such other employees or applicants to ihdividuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation,proceeding, heating, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to Furnish information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers'representatives of the
confractor's commitments under this section, and shag post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
S I eptember 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary,of Labor,
(6) The contractor MY furnish aff information and reports required by Executive Order
11246 of September 24, 196-5, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor forpurposes of
investigation to ascertain compliance with such rules, regulations, and orders,
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other,sanctibns may be imposed and remedies
invoked as provided in Executive Order 112.46 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by few.
(8) The contractor will include the portion of the sentence immediate�y preceding
paragn,ph(1)and the provisions of paragraphs(1)through(8)in every subcontract or
purchase order unless exempted by niles,regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor, The
contractor will take such action with respect to any subcontract or purchase order as
the administenng agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened md(h,litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the contractor may,request the United States to enter
into such Iftation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own emplQyment practices when it participates in
federally assisted construction work.Provided, That if the applicant so participating is a
,15tate or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
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'The appttb nt agrees that it wig assist and cooperate actively with the a
administering agency and the Secretary oaf Labor to obtaining the compliance of
contractors and subcontractors with the equal rupp rtnnn gy clause and the rules,
regulations, and relevant orders of the Secretary of Labor,, that at Mil furnish the
administering agency and the Secretary of Labor such information as they may require
for the supervision of such compliance, and that It will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for
securing compliance.
'The applicant further agrees that it will refrain from entering into guy contract
rcontract modification subject to Executive Order 11246 of September 24, '196 , with
contractor debaned from, or who has not demonstrated eligibility for, Government
contracts aand federally assisted construction contracts pursuant to the Executive
Order and will canes out such sanctions and penalties for violation ofthe equal
opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Fart 11, Subpart D of the
Executive Order. In addition, the applicant agrees that if It falls or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions:Carnal, terminate,nate, or suspend in whole or In part this grant('contract,teas,
insurance, guarantee);refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant,and refer the
case to the Department of Justice for appropriate legal proceedings,
�6w
The U.S.Department of Justice has Issued revised regulations l mpleme nfing Tide III of
the ADA( 6 G.F.R. IParrt 6)and Tittle IIII of the ADA( 6C.F.R. Dart 36).The revised
regulations adopted new enforceable accessibility tandaird called the" 610 ADA
Standards for Accessible Design"(2010 Standards).The 2010 Standards are an
acceptable alternative to the Uniform Federal ccessI Ity Standards(UFA ).Treasury
deems compliance with the Oro tandaird to be an acceptable means f complying
with the Section 504 accessibility requirements for new co nstrn uctlon and alterafoo n
projects., AR new construction and alteration 1projects must comply VAth the 2010
Standards.
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