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05/22/2019 Agreement OV�S OURTQo1I • ii):/' °-.V00, Kevin Madok, CPA . �:= Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: July 23, 2019 TO: Lisa Tennyson, Director Legislative Affairs Lindsey Ballard,Aide to the County Administrator FROM: Pamela G. Hancock, 0.C. - SUBJECT: May 22"d BOCC Meeting Enclosed is a duplicate original of the following item for your handling: 03 Agreement with The Nature Conservancy to implement the Coral Reef Restoration Project with $578,308.00 allocated from Monroe County's RESTORE Act Local Pot funding with Grant No. 1 RDCGR1700068. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 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 Conservancy, a not-for-profit entity of the State of Florida, with an address of 4245 N. Fairfax Dr. Suite 100, 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#21.015(hereinafter"the RESTORE Act")which established the Gulf Coast Restoration Trust Fund,developed and submitted a Multiyear Implementation Plan to the United States Department. of Treasury(hereinafter"TREASURY")pursuant to all applicable rules and requirements; and 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 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 Subrecipient Agreement in accordance with 2 C.F.R.Part 200,to allow the SUBRECIPIENT to utilize an allocated sum of the COUNTY'S portion of Gulf Coast Restoration Trust Fund to carry out the project activities for the Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys project in compliance with the Multiyear Implementation Plan; and 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: 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 The COUNTY has received.a Federal Award through the Gulf Coast Restoration Trust Fund (CFDA# 21.015, 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. The purpose and intent of this Agreement is to allocate a portion of RESTORE Act funds awarded to the 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,andC. 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 STATEMENT OF WORK 1. 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 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 as part of SUBRECIPIENT's application for the Allocated Sum,five hundred seventy eight thousand three 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. 3. Schedule. The timeframe to provide Project services, herein referred to as "Project Schedule," begins on 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. 2 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, 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. 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 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. 2. A. SUBRECIPIENT's subcontractors. The SUBRECIPIENT shall be responsible for all work performed 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. 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 sub award(s), and the 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 sub awardee(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. 3. Procurement Standards. All procurement transactions shall be conducted in a manner to provide full and 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 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. Within 10 working days from receiving documentation from the SUBRECIPIENT, the COUNTY shall 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 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. 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 services to, the SUBRECIPIENT in connection with this Agreement, or for debts or claims accruing to such parties against the SUBRECIP);ENT;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 the SUBRECIPIENT as a result of its services to the COUNTY hereunder. ARTICLE VI REIMBURSEMENT The SUBRECIPIENT is allocated a:total:sum of five hundred seventy eight thousandthree 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 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 from a vendor based on monthly billing by SUBRECIPIENT. Final request for payment shall be submitted no later than thirty(30)days from Project completion. Verifying Documents may include,but are not limited to: 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. 4 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 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.tlie Verifying Documents,the COUNTY shall notify the SUBRECIPIENT within ten(10)working days of receipt of the Verifying Documents.The 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 the payment process in accordance with Section218.73-74, Florida Statutes; considered due upon receipt by the Clerk&Comptroller's Office,and paid upon approval by the COUNTY.The COUNTY reserves the right to delay any payment request for Verifying Documents containing errors, until such errors are corrected to the satisfaction of the COUNTY. 4. In no event shall the COUNTY be obligated to reimburse for any Verifying Documents older than ninety (90) days from the date of receipt by the SUBRECIPIENT from a vendor. 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 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. 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; 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. • 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 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 documentation for all costs incurred. ARTICLE IX PROGRAM INCOME 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 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. ARTICLE X MAINTENANCE AND REAL PROPERTY PROTECTIONS 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 without prior written approval from the COUNTY. ARTICLE XI COUNTY RECOGNITION The SUBRECIPIENT shall ensure recognition of the role of the COUNTY and the RESTORE Act in providing 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, programs, etc., created to promote the Project shall acknowledge the COUNTY and the RESTORE Act as providing funding for the Project. 6 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 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 awarded through the COUNTY by this Agreement. In determining the Federal awards expended in its fiscal 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 General in accordance with the provision of 2_CFR 200,as revised,will meet the requirements of this part. a. In connection with the audit requirements addressed in Subsection 1 above,the SUBRECIPIENT shall fulfill the requirements relative to audit responsibilities as provided 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 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. 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 cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. 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 15th 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 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 a. The SUBRECIPIENT shall maintain all records required by Federal regulations specified in 2 CFR 200,as appropriate,that are pertinent to the Project herein funded by the Allocated Sum. Such records shall include,but are not limited to: i. Application requesting project funding. ii. Executed Subrecipient Agreement approving the Project, including any amendments to this Agreement. iii. Records providing a full description of each activity undertaken. iv. Records demonstrating that the activity meets the national objective herein. v. Records determining eligibility of work performed for the Allocated Sum. vi. Records documenting the acquisition,improvement,use,or disposition of real property acquired or improved with the Allocated Sum,if applicable. vii. Financial records as required by 2 CFR 200.330 and 200.331, and all Financial Management 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, examinations,excerpts,and transcripts. The right of access shall last as long as any record is required 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 government deems necessary. 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 8 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. e. The SUBRECIPIENT shall meet all requirements for retaining public records and upon:the request of 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 are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided, upon the County's request, to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. ARTICLE XVI SUSPENSION AND TERMINATION 1. Termination. Either party may terminate this Agreement without cause, at any time, by giving at least a thirty(30) day written notice to the other party of such termination. Either party may terminate this Agreement with cause immediately. a. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports,.of other materials prepared by the SUBRECIPIENT under this 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. • b. Cause shall include,but is not limited to,failure fo 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 violation by either party under this Agreement shall impair any such right,power,or remedy of either 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. 9 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 Sylvia Murphy,Mayor. Temperince Morgan,Florida Executive Director And . .. . And Lisa Tennyson,Legislative Affairs Director Legal Department 1100 Simonton Street 2500 Maitland Center Parkway, Ste 311 Key West Florida,33040 Maitland,FL 32751 305-292-4441 And Susanne Holmes,Grants Specialist 801 Gervais St., Ste 202 Columbia, SC 29201 803-254-9049 ext. 5 sholmes(a)tnc.org Federal ID No: 53-0242652 DUNS No: 072656630 Awarding Agency—US Department of the Treasury. Federal Project Officer Mr. John Stutts 1500 Pennsylvania Ave.N.W. Washington D.C. 20220-0001 202-622-0239 ARTICLE XVIII INDEPENDENT CONTRACTOR 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 independent contractor with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and workers'compensation insurance. ARTICLE XIX INDEMNIFICATION in 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 over and above the limits_provided by the insurance,required under Article XX of this Agreement;or by any defect 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 by negligence of the COUNTY, or any of its agents and employees, except that the:SUBRECIPIENT will not be liable under this provision for damages arising out of the injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY or any of its agents or 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. The SUBRECIPIENT's obligation to indemnify, defend, and,pay for the defense or, at the COUNTY's option, to participate and associate with the COUNTY in the defense and trial of any damage claim or suit and any related 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 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 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. ARTICLE XX INSURANCE 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. 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. 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 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 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. 4. All insurance policies shall be issued by responsible companies authorized to do business under the laws of 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, agents, or employees shall be in excess of the SUBRECIPIENT's insurance and shall not contribute with it. 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 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 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: 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 Teased premises. 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, for a period of three(3)years from expiration or termination of this Agreement. c. Bodily injury and personal injury,including death: • $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 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 contracting opportunities laws, regulations, and executive:orders and all other applicable laws, rules, and regulations. SUBRECIPIENT agrees to comply with all Federal and Florida statutes,and all local 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, 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 Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public 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 of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be 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 Employment Opportunity(30 Fed. Reg. 12319, 12935,3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.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: (1) The SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or 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 (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 about, discussed, or disclosed the compensation of the employee or applicant or another 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 information, unless such disclosure is in response to a formal complaint or charge, in 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 information. (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 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 available to employees and applicants for employment. (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 Labor. (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 canceled,terminated or suspended in whole or in part and the contractor may be declared. ineligible for further Government contracts in accordance with procedures authorized in 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. (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 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. 2. Affirmative Action 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. b. - Women and Minority-Owned Businesses. The SUBRECIPIENT will use affirmative steps such as: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation 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 smaller tasks or quantities to permit maximum participation by small and minority businesses and 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; and(6)requiring the prime.contractor,if subcontracts are to be let,to take the affirmative steps listed 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 women business enterprise"means a business at least fifty-one(51)percent owned and controlled by 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. 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. 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 available to employees and applicants for employment. 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 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, and lobbying,political patronage,or nepotism activities. 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 subsection. The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight(8)households,all subcontractors 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 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. 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. 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 any financial interest in the Project to any person employee,agent,consultant,officer, or elected or 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. 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 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 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 Standard Form LLL,Disclosure Form to Report Lobbying,in accordance with its instructions. 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, subgrants, and contracts under grants, loans, and cooperative Agreements), and shall certify and disclose accordingly. d. Copyright. In the event the performance of this Agreement results in any copyrighted material or 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 purposes. 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 ENVIRONMENTAL CONDITIONS 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 Terms and Conditions,insofar as they apply to the performance of this Agreement and to notify the 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 15 CFR Part 930. f. Endangered Species Act of 1973, as amended, 16 U.S.C. 1531,et seq. g. Magnuson-Steven's Fishery Conservation and Management Act,as amended, 16 U.S.C. 1801-1884. 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. m. Executive Order 11988,Floodplain Management as amended by EO 13690. n. Executive Order 11990,Wetland Protection,May 24, 1977,as amended by E012608. o. Executive Order 13089, Coral Reef Protection. p. Executive Order 13112,Invasive Species. 17 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. 3. Environmental Protection. The SUBRECIPIENT agrees to comply with the Resource Conservation and 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. ARTICLE XXIII GENERAL CONDITIONS. 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 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 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 maybe amended from time to time to conform to Federal, State, or local governmental guidelines, policies, or available funding. amounts,and such approval shall not be unreasonably withheld. 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 bylaw,nothing in this Agreement shall be construed in any way to waive the sovereign immunity of the COUNTY,as provided by the laws of the State of Florida. 8. Laws. This Agreement shall be governed by all applicable Federal laws,rules, and regulations that apply. The SUBRECIPIENT shall perform all acts required by this Agreement in strict conformity with all 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. 10 at-' `!' ► l't ; SS WHEREOF,the parties have caused this Agreement to be executed on the dates indicated below. Iii BOARD OF COUNTY V {� COMMISSIONERS OF b� c° ' MONROE COUNTY,FLORIDA '',, ` -3; ' ~`` : KEVIN MADOK,CLERK °�*coupe, ..744.4..-V‘41/41"..1.4'.1.1"Li ‘, ,1 . • Deputy Clerk MONROE BOCC MAYOR DATE ATTEST: THE NATURE CONSERVANCY,a District of Columbia non-profit corporation (......3;TA....,_..... Aint.peA444;1..1 it.Luvv.)",...., [Signature of SUBRECIPIENT ATTESTOR] [Signature of AUTHORIZED REP SUBRECIPIENT] -� '- --DEE ii nr1 GL✓ti/1 Temperince Morgan,Florida Executives D`ir at „, ,'. .r'.-` [Printed name of SUBRECIPIENT ATTESTOR] [Printed name&position of AUTHORIZED;• :`•{ �;`: ,.;•` REP] i.r LEGAL REVIEW:LPR 05/29/2019 a, air, a©1, DATE 0 cam. w - >- a = ., ;cam =� . Q. i v IO�OPd COUNTY ATTORNEY a APPR0 O FO :.)` :- R ERT B,_SHlLLINGER,JR. Dem 19 EXHIBIT A PROJECT DESCRIPTION Description: The Coral Reef Restoration project will grow staghorn coral in undersea nurseries located throughout the 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. Approximately 20,000 staghorn and elkhorn corals of varying sizes will be outplanted on reefs between Key Largo and Key West.A subset of these will be part of value-added scientific research to help increase 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. The methods used in the project seek long-term recovery of these habitats through self-sustaining populations. Outplanting is designed to promote natural ecosystem processes, such as recruitment of reef- 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. Need: 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. Coral reefs buffer adjacent shorelines from wave action and prevent erosion, property damage and loss of 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. Purpose: The primary purpose of this project is to restore degraded reefs in the Florida Keys through outplanting of 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 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 as outplanted corals contribute to the reproductive potential of each species. • Economic development objectives:Improve recreational and tourism value of Monroe County's reefs. • 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 EXHIBIT B PROJECT SCHEDULE Action Item Completion Date Execute Subrecipient Agreement Grant Award+6 mos May 22, 2019 Site Selection Grant Award+ 8 mos June 30, 2019 Review and update permits Grant Award+ 8 mos June 30, 2019 Maintenance of Corals in the Nursery Grant Award+35 mos September 30,2021 Outplanting of corals Grant+32 mos June 30, 2021 Monitoring of outplanted corals Grant+35 mos September 30, 2021 Reporting on project progress Grant+38 mos 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 r 21 EXHIBIT C PROJECT BUDGET AND FUNDING SOURCES Budget: Coral growth and outplanting (Funded by RESTORE & match) $ 818,308.50 Funding Sources: RESTORE Funding $578,308.50. Funds from SUBRECIPIENT—Cash and in-kind match $240,000.00 Total $818,308.50 Note: Most of the funding will be passed from TNC to subawardees who will manage the 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 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. 22 EXHIBIT D INDIRECT COST RATE Current Negotiated Indirect Cost Rate Agreement(NICRA) for Subrecipient: The Nature Conservancy United States Department of the Interior Interior a Center ii eil- INTERIOR BUSINESS CENTER - :,' V. Indirect Cost Services 650 Capitol Mall,Suite 7-400 Sacramento,CA 95814-4706 April 4,2018 Ms.Laura Travis,Director,Grants Services Network The Nature Conservancy 4245 North Fairfax Drive,Suite 100 Arlington,VA 22203-1606 Dear Ms.Travis: Enclosed is the signed Negotiated Indirect Cost Rate Agreement that was processed by our office. If you have any questions concerning this agreement,please refer to the signature page for the name and contact number 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 on an annual basis,and they are due within six(6)months after the close of your fiscal year. For predetermined rates and approved rate extensions,proposals are due in our office six(6)months i prior to the expiration of your current rate agreement. Please note that proposals are processed 1 on a first-in,first-out basis. Common fiscal year end dates and proposal due dates are listed below: Fiscal Year End Date Proposal Due Date September 30th March 3la December 31' June 30'h June 30`h December 31" Please visit our website for guidance and updates on submitting future indirect cost proposals. The website includes helpful tools such as a completeness checklist,indirect cost and lobbying certificates,sample proposals,Excel worksheet templates,and links to other websites. Sincerely, t*i ail ems. &via Craig A.Wills Office Chief Enclosure Ref J:\Other(Non-Profit,For Profit)\Nonprofit\Nature Conservancy(Nacoh629)\FY 17F 19C1Naco-Issue.ltr.I7F &19C.docx Phone:(916)930-3803 Email:ICS@ibc.doi.gov Fax:(916)930-3804 Website:httpJ/www.don.govlibc/services/6nance/Indirect•Cost-Services 23 • Nonprofit Organization Indirect Cost Negotiation Agreement EIN: 53-0242652 Organization: Date: April 4, 2018 The Nature Conservancy • Report No(s) .: 18-A-0540(17F) 4245 North Fairfax Drive, Suite 100 18-A-0541(19C) Arlington, VA 22203-1606 Filing Ref. : Last. Negotiation Agreement dated May 18, 2017 The indirect cost rate's contained herein are for use on grants, contracts, and other agreements with the,Federal Government to which 2 CFR Fart 200 apply for fiscal years beginning on or after December 26, 2014 subject to the limitations contained in Section II.A. of this agreement. Applicable OMB Circulars and the 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. Section I: Rates Page 1 of 2 Effective Period Applicable Type From To Rate Locations To . Indirect Cost Rate Fixed Carryforward 07/01/18 06/30/19 24.55% 1/ All All Programs Fringe Benefit Rates Final 07/01/16 06/30/17 41.10% 2/ All Regular Salaries Final 07/01/1.6 06/30/17 12.35% 3/ All Short-Term Salaries Final 07/01/16 06/30/17 11.33% 4/ All Foreign Salaries •PEev4-s4-enel07/01/17 06/30/18 40,00% 2/ All Regular Salarica Provioional 07/01/17 06/30/18 12.00% 3/ All short Term Calarie° Provioional 07/01/17 06/30/18 13.00% 4/ All Foreign Salariea • Fixed Carryforward 07/01/17 06/30/18 40.00% 2/ All Regular Salaries Fixed Carryforward 07/01/17 06/30/18 12.00% 3/ All Short-Term Salaries Fixed Carryforward 07/01/17 06/30/18 13.00% 4/ All Foreign Salaries Fixed Carryforward 07/01/18 06/30/19 40.00% 2/ All Regular Salaries Fixed Carryforward 07/01/18 06/30/19 12.00% 3/ All Short-Term Salaries • Fixed Carryforward 07/01/18 06/30/19 10.00% 4/ All Foreign Salaries • The Nature Conservancy requested to convert all fringe benefit rates from provisional to fixed carryforward starting with FY 2018. 1/Base: 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 $5,000 and $50,000 are included in the base limited to the first year of capitalization. All subawards, regardless of dollar amount, axe included in the direct cost base for purposes of computing the indirect cost rate. 24 • Section I: Rates (continued) Page 2 of 2 2/Base: Total salaries and wages for regular employees. 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 centrally by The Nature Conservancy's (TNC) headquarters. Additional benefits are paid locally by TNC's foreign locations which are charged directly to government awards. 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 costs of vacation, holiday and sick leave pay are included in the organization's 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 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 1 of 3 • A. Limitations: Use of the rate(s) contained in this agreement is subject to 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 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 organizational structure and the accounting system in effect at the time the proposal was submitted. Changes in organizational structure, or changes in the 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 of the responsible negotiation agency. Failure to obtain such approval may result in subsequent audit disallowance. • 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. 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. 25 Section XI: General (continued) • Page 2 of 3 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 and charges to contracts and grants must be adjusted if the final rate varies 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 recover all indirect costs. Conversely, if the final rate is less than the provisional rate, the organization will be required to pay back the difference to the funding agency. 3. Predetermined Rate; A predetermined rate is an indirect cost rate applicable to a specified current or future period, usually the organization's fiscal year. 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.) E. Rate Extension: Only final and predetermined rates may be eligible for 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 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. 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. •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 costs of program administration, such as salaries, travel, and related costs, should be kept on an annual basis. H. Reimbursement Ceilings: Grantee/contractor program agreements providing for ceilings on indirect cost rates or reimbursement amounts are subject to the ceilings stipulated in the contract or grant agreements. If the ceiling rate is higher than the negotiated rate in Section I of this agreement, the negotiated rate will be used to determine the maximum allowable indirect cost. I. Use of Other Rates: If any federal programs are reimbursing indirect costs to this grantee/contractor by a measure other than the approved rate(s) 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 of indirect cost allocable to these programs. J. Other: 1. The purpose of an indirect cost rate is to facilitate the allocation and billing of indirect costs. Approval of the indirect cost rate does not mean that an organization can recover more than the actual costs of a particular program or activity. 2. Programs received or initiated by the organization subsequent to the negotiation of this agreement are subject to the approved indirect cost rate(s) if the programs receive administrative support from the indirect cost pool. It should be noted that this could• result in an adjustment to a future rate. 26 Section II: General (continued) Page 3 of 3 3. This Negotiation Agreement is entered into under the terms of an Interagency Agreement between the U.S. Department of the.Interior and the cognizant agency. No presumption of federal cognizance over audits or indirect cost negotiations arises as a result of this Agreement. • 4. Organizations that have previously 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 each fiscal year. Section III: Acceptance Listed below are the signatures of acceptance for this agreement: By the Nonprofit.Organization: By the Cognizant Federal Government Agency: The Nature Conservancy U.S. Department of the Interior Grantee/Con rector 4. Cognizant Agency Digitally signed 6y CRAIG WILLS CRAIG WILLS`Date:2018.04.0411:15:58-ono. is/ /s/ Signature Signature LEboftis� ti Wt 11 Craig A. Wills Name (Type or Print) game Office Chief O Office of Indirect Cost Services Title Title !, U.S. Department of the Interior // 31/1 UX Interior Business Center Date Agency Negotiated by Elena Chan Telephone (916) 930-3824 • 27 EXHIBIT E SUBRECIPIENT REQUIREMENTS The below is for reference only; Please refer to the federal regulation. Provisions Citation 1. Eligible Activity 31 CFR 34.201 2. Subrecipient determination 2 CFR 200.330 3. Time of Performance 2 CFR 200.331 4. Compensation and Method of Payment 2 CFR,200.305 5. Program Income 2 CFR 200.80 6. Record Retention and Access 2 CFR 200.331, .333 7. Reporting Requirements 2 CFR 200.331 8. Public Access to Program Records 2 CFR 200.331 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 14. Financial Management 2 CFR 200.302 15. Audit Requirements 2 CFR, 200 Subpart F 16. Monitoring and Management 2 CFR,200.300-.332 17. Conflict of Interest 2 CFR,200.318(c) 18. Procurement Methods 2 CFR,200.317-.326 19. Budget 2 CFR 200.331 20. Project Schedule/Milestones 2 CFR 200.331 21. Environmental Review 2 CFR 200.331 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. 28 EXHIBIT F RESTORE ACT SUBRECIPIENT QUARTERLY REPORT Reporting Period (check one): Date Report Submitted: Quarter 1: ❑ October 1 - December 31 Quarter 3: ❑ April 1 —June 30 Quarter 2: ❑ January 1 — March 31 Quarter 4: ❑ July 1 —September 30 1. Subrecipient Name: 2. Project Name: 3. Name of Contact Person: 4. Contact Email Address: 5. Subrecipient Area Code and Phone Number: 6. Describe Activities and Outcomes for this Quarter: (Attach additional sheets if necessary.) • 29 EXHIBIT G See attached Federal RESTORE ACT Grant Agreement 30 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: Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal 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 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 mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of 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 COUNTY must report all suspected or reported violations to the Federal awarding agency.When required by Federal 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 and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, J 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 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. (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 grant and cooperative agreement programs,all contracts awarded by the COUNTY in excess of$100,000 that involve 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 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. 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 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 Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 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. 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 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 names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under 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 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 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. 32 1.DATE ISSUED MM/DDrYYYY Ia.SUPERSEDES AWARD NOTICE dated 10f30201e except that any additions or restrictions previously imposed U.S.DEPARTMENT OF THE TREASURY remain in effect unless specifically rescinded 2.CFOA No, Office of the Fiscal Assistant Secretary 21.015-Resources end Ecosystems Suatalnability,Tourist Opportunities,and Revived Economies of Office of Gulf Coast Restoration the Gulf Coast States 3,ASSISTANCE TYPE Formula Grant 1500 Pennsylvania Ave„N.W. 4.GRANT NO, 1 RDCGR170088.Ot-00 6. TYPE OF AWARD Washington,DC 20220-0001 Formerly 4a.FAIN RDCGR170088 6a-ACTION TYPE New 6. PROJECT PERIOD MM/DA7YYY MM/DD/YYYY NOTICE OF AWARD From 11/ol/2ot8 , Through 10/31/2021 AUTHORIZATION(Legislation/Regulations) 7.BUDGET PERIOD MMiDDrYYYY MM/OQ/YYYY Resources and Ecosystems Sustainability,Tourist Opportunities,and From 11/D12018 Through 10/31R021 Revived Economies of the Gulf Coast States 6.TITLE OF PROJECT(OR PROGRAM) Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys fa.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR COUNTY OF MONROE Ms.Uea Tennyson 1 Alternate Name:Monroe County Board of County Commisstoners 1100 Simonton St,Gato BIdg,2nd Floor 1100 Simonton St Rm 2-205 Key West FL 33040 Kay West FL 33040-3110 Phone:305-292-4444 10a.GRANTEE AUTHORIZING OFFICIAL 100.FEDERAL PROJECT OFFICER David Rice Mr.John Stotts 1100 Simonton St 1500 Pennsylvania Ave.,N.W. Gato Bldg,2nd Floor Washington,DC 20220-0001 Key West,FL 33040 Phone:202-822.0239 ALL AMOUNTS ARE SHOWN IN USD 11.APPROVED BUDGET(Excludes Direct Assistance) 11 AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agoncy Only a.Amount of Federal Financial Assistance(from Item t tm) 578,308.50 II Total project costs Including grant funds and a®other financial participation II b.Less Unobligated Balance From Prior Budget Periods 0.00 a. Salaries and Wages 0.00 c.Len Cumulative PriorAward(s)This Budget Period 0.00 b Fringe Benefitsd.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 578.308.50 0.00 13.Total Federal Funds Awarded to Date for Project Period 578,308.50 c. Total Personnel Costs .,.. ... OM 14.RECOMMENDED FUTURE SUPPORT d. Equipment pm (Subject to the availability of funds and satisfactory progress of the project). e. Supplies 0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS a. 2 ' d. 5 f. Travel 0.00 b. 3 e. 8 9. Construction 0.00 C. 4 f. 7 h. Other 818,308.50 15.'ROWAN.moue SHALL an USED IN ACcoRo MTh ONE or ma FOLtOMeto ALTERNATIVES: I. Contractual .. DEDUCTION b b. ADINTI W.TCH O caste c. R j, TOTAL DIRECT COSTS --► 818,308.50 a. OTHER OTHER RESEARCH(Add/DEW Option) •. OTHER IS•.REAraRK3l k. INDIRECT COSTS 0.00 76.11113 AWARD IS USED ON AN APPL1cAnoN WUWITTED TO,AND as APPROVED BY,THE FEDERAL AWARDING AOENCY De THE ASOVI MLIb►ROJM=T ANDLS ISIJICT TO THI TZIWS AND COSISTIOea 1eCORPORAllO MINER INRSCTLY OR BY REFERENCE IN THE FOLLOYANO: I. TOTAL APPROVED BUDGET 818,308.50 a. The tnnir.w.r•sae b. Th.. pavan went pavann np,Snons, C lin ant noe=kcLLq t.mv.M mnmbar.R any.reed bal..v.1.n REMARKS, m• Federal Share 578,308.50 a Federal sdnurndrelhenm..'mn.ow pv.ay..a+d matt recurs manta apcac.ct Ia eat a.nt hi the awn(Mare an co.Mceng of otherv4AAlrrmriu.a Dotdoe NO WA to the pant,One above order er precedence chat n, Non-Federal Share 24000.00 Drew/Am#enon of the grant It=and ooOdriem b scknaeddled by the grantee vtnen randa are Oren Or etharena antacid from the grant DAMN%eygem, REMARKS (Other Terms and Conditions Attached- Ili Yes ®No) This award Is approved by Kristine Conrattt,Authorizing Official.Accepting this award In GrantSolutions.gov constitutes acceptance of this award end the Standard Terms and Conditions and Programmatic Terms and Conditions and Special Award Conditions.Award funds will be available to the awardee In an ASAP.gov account AUTHORING OFFICIAL 17.05.1 CLASS 410001 lea.VENDOR CODE 1248852 lab.EIN 588000748 16.DUNS 073878757 20.CONG.DIST. 28 FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION 21.a. Direct b. RDCGR170088 C. ROC d,. 3578,308.50 e. _ 22.a. b. C. d. a, 23;e. b, c, d. e, PAGE 2 of 3 DATE ISSUED NOTICE OF AWARD (Continuation Sheet) 10/30/2018 GRANT NO. 1 RDCGR170068-01-00 Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 11/01/2018 03/31/2019 Semi-Annual 04/30/2019 04/01/2019 09/30/2019 Semi-Annual 10/30/2019 10/01/2019 03/31/2020 Semi-Annual 04/30/2020 04/01/2020 09/30/2020 Semi-Annual 10/30/2020 10/01/2020 03/31/2021 Semi-Annual 04/30/2021 04/01/2021 09/30/2021 Semi-Annual 10/30/2021 10/01/2021 10/31/2021 Final 01/29/2022 RESTORE Act-FUNDING AUTHORIZATION 1. Total Amount of Amount of Amount of Amount Notes Federal Funds Funding Financial Authorized for Awarded to Date Restriction Assistance This ASAP for Project Period Action Account this Action Line 13 of Line 12d of NoA/Amendment NoA/Amendment $578,308.05 $0.00 $578,308.05 $578,308.05 Initial Authorization, with Special Award Conditions,and an • ASAP Maximum Draw Limit of$1.00 per SAC 5 RESTORE Act-SPECIAL AWARD CONDITIONS 1. Special Condition 1: Monroe County agrees to receive award funds on a reimbursement payment method. Treasury's pre-approval of drawdown requests is not required(see Section H of the RESTORE Act Financial Assistance Standard Terms and Conditions included with this award). Monroe County will remain on the reimbursement payment method until it submits to Treasury evidence,satisfactory to Treasury,that it maintains policies and procedures meeting the requirements of 2 CFR§200.305 including,but not limited to,providing reasonable assurance that(1)drawdowns of federal cash are only for immediate cash needs;and(2)payments to subrecipients are limited to immediate cash needs. Special Condition 2: Prior to its execution,Monroe County must submit to Treasury for review for compliance with 2 CFR§200.331,a copy of Monroe County's agreement with The Nature Conservancy,its subrecipient. Special Condition 3: Prior to the execution of all Nature Conservancy subrecipient agreements for this project,Monroe County must submit to Treasury for review for compliance with 2 CFR§ 200.331,copies of The Nature Conservancy's subrecipient agreements with its subrecipients. The agreements must include SF-424A object class category budgets and a scope of work. Special Condition 4: Monroe County must submit to Treasury for review evidence that all permits 2 PAGE 3 of 3 DATE ISSUED NOTICE OF AWARD (Continuation Sheet) 10/30/2018 GRANT NO. 1 RDCGR170068-01-00 required for activities funded under this award are obtained and that all compliance requirements are met prior to the outplanting of coral. Special Condition 5: An ASAP Maximum Draw Limit of$1.00 is in place for this award. The maximum draw limit may be adjusted or removed following the satisfaction of Special Award Conditions 2,3,and 4. Special Condition 6: Within 180 days of the project period start date of this award,Monroe County must submit to Treasury evidence,satisfactory to Treasury,that Monroe County maintains written policies and procedures for: (1) Disclosing in writing any potential conflict of interest to the federal awarding agency and disclosing all violations involving fraud,bribery,or gratuity violations potentially affecting a federal award to the federal awarding agency as required by 2 CFR§§200.112 and 200.113. (2) Addressing the requirements of 2 CFR§§ 200.318-200.325 and Appendix II to Part 200— Contract Provisions for Non-Federal Entity Contracts under federal Awards. (3) Reconciling the SF-425 to supporting financial data,performing management review of the SF- 425 report prior to submittal to the federal awarding agency,submitting performance reports at the required interval,and determining the conditions in which an interim reporting of significant developments would be prepared and submitted to the federal awarding agency. (4) Safeguarding personally identifiable information(PII). (5) Defining and identifying Allowable Costs as required by 2 CFR§200.403. (6) Defining,tracking,or reporting Direct and Indirect Costs as required by 2 CFR§§ 200.403 and 200.412. (7) Meeting the requirements of 2 CFR§200.331,including but not limited to awarding grant funds to subrecipients;monitoring subrecipients;modifying subawards;providing training and technical assistance to subrecipients;enforcing actions for subrecipient noncompliance;evaluating risk of subrecipient noncompliance with statutes,regulations,and terms and conditions of the subaward;and performing site reviews of subrecipient program operations. 3 AWARD ATTACHMENTS Monroe County Board of County Commissioners 1 RDCGR170068-01-00 1.Approved Scope of Work 2. RESTORE ACT Standard Terms and Conditions—August 2017 APPROVED SCOPE OF WORK The Approved Scope of Work includes all information provided with the grant application. The attached documents,taken from the grant application, provide a summary of the scope of work approved with this grant award. R ESTOREtAct plrecttComponentfApplication Narrativel oMBll umber' Tas % F .:rtf DeparnentfJht eurj , .i ,o day a The Direct Component Funding Opportunity Announcements describe In detail the content and Information required for your narrative.Please refer-to the relevant Funding Opportunity Announcement when completing this form. GENERAL INFORMATION: Applicant Name: . .. , . POC Name:•' Caitlin Lustic ' , POC Title:• ? Suulh Florida Marine Conservation Manager Point of Contact(POC)for this Application: . POC Email:• ciustir.'(tni::org POC Phone:•• (305) �� 822-7071 Descriptive Title of Applicant's Protect (refer to SF 424)•• Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys Activity Title from Multiyear Plan Maids.Column M6• Coral Reef Restoration for Environmental and Economic Enhancement of the Florida Keys; - Funding Opportunity Announcement k GR-RAC.17-006 A.STATUTORY QUESTIONS , Select Primary Qualifying,Eligible Activity(Select All Othen That Applyl ? Acti — • - 1.Restoration and protection of the natural resources,ecosystems,fisheries, �" marine and wildlife habitats,beaches and coastal wetlands of the Gulf Coast Activity l Region Activity 2 0 2.Mitigation of damage to fhb,wildlife and natural resources r";. 3.implementation of a federally approved marine,coastal,or Activity 3 comprehensive conservation management plan,Including fisheries monitoring r` 0 4.Workforce development and job creation Activity 4 I.Qualifying eligible activity:Please select the primary eligible r 0 S.Improvements to or on State parks located in consul areas affected by the activity in the first column,and select oll other eligible Activity 5 1lrepwaler Horizon oil spill activitlu that apply in the second column -, O6.Infrastructure projects benefiting the economy or ecological resources, Activity 6 , including port Infrastructure _- Activity 7 p 7.Coastal flood protection and related infrastructure Activity 8 0 s.Planning assistance r 1701 9.Promotion of loonies In the Gulf Coast Region,Including recreational Activity 9 fishing r' a to.Promotion of the consumption of seafood harvested from the Gulf Coast Activity 10 Region 2.Was this proposed activity included in any claim for compensation l'er'yes C!'`N- ':rpaid out by the Oil Spilt Liability Trust Fund after July 6,2012? , -ilf,"Yu;'this activity is not eligible for a Direct Component grant. Location Florida Kcys �3.Location City/Town: (a)Please provide the actual location for the activity as County/Parish: - . street address,nearest intersectiun,or note boundaries Monroe ' . on a submitted snap.If there is more than one location -- -- .:.- -- _ for the activity,attach a list of the additional Iocations, '• State: city/town,county/parish,state,and zip code. FLORIDA , - Zip code:- 33040 (b)Describe how the proposed activity will be carried out In the Gulf , Page 1 of 7 r Page 1 Coast Region as defined In 31 CFR 34.2,Attach a map to support your All of the work will occur within Monroe County response. B.DISCUSSION OF SPECIFIC ACTIVITY IF APPLICABLE,PLEASE FOLLOW SPECIFIC DIRECTIONS FOR NON-FEDERAL SHARE OF ANOTHER FEDERALLY FUNDED ACTIVITY and ACTIVITIES APPROVED PRIOR TO JULY 6,2012 IN THE DIRECT COMPONENT APPLICATION GUIDANCE. . 1.Proposed Scope or Work (a)Directions:Provide a detailed scope of work that fully describes the project or program for which funding is requested,Including: ' -Need,purpose,and objectives; Need:The reef system in the Florida Kcys 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 cconnmic:ally valuahle sea life.Coral reefs buffer adjacent shorelines from wave action and prevent erosion.property damage and loss of life.Reefs also protect the highly productive wetlands along the coast.The reef system in the Florida Keys has been in dceline 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.Purpose:The primary purpose of this pmject is to restore degraded reefs in the Florida Kcys through outplanting of nursery-reared corals,A healthy,vibrant melts critical to the continuation of the unique ecosystems of the Florida Kcys.Objectives:RESTORE Act objectives to he addressed by this project include those related to environmental improvements and tourism promotion.Environmental objectives:Increase live coral cover; increase the populations of federally threatened coral species;restore important habitat for fish,invertebrates,sea tunics;improve long-term outlook as outplantcd corals contribute to the reproductive potential of each species.Economic development objectives:Improve recreational and tourism value of Monroe CountyAs reefs Community resilience objectives:Increase the health of Monroe CountyAs 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(sidle importance of this work •How the project/program meets the identified primary activity designated in Al; Description:The Coral Reef Restoration project will grow staghom coral in undersea nurseries located throughout the Florida Kcys and boulder corals in a land-based nursery on Summerland Key.The coral will then be outplantcd on reefs where they will kick-start reproduction and reef recovery for the future. Approximately 20,000 staghom and elkhorn corals of varying sizes will be outplantcd on reefs between Key Largo and Key West.A subset of these will be pan of value-added scientific research to help incre se the pace and efficiency of future restoration activities.An additional 4,850 small boulder corals will restore dead coral heads using an innovative AreskinningA technology.Staghorn and boulder coral restoration efforts will be designed to encourage the restored corals to reproduce un their own and reseed both restored and adjacent reefs.The outplantcd corals will begin to spawn and contribute to the reseeding of surrounding reefs.The methods used in project seek lung-term recovery of these habitats through self-sustaining populations:Outplanting is designed to promote natural ecosystem processes,such as recruitment of reef-dependent fish trod invertebrates and reef accretion,to occur naturally and to continue after the project ends.More prolific reefs enhance the restoration and protection oldie KcysA natural resource,ecosystems,fisheries,marine and wildlife habitats,and coastal wetlands, '-Specific tasks,milestones and related timeframes(also captured in Milestones Report);and The timeline may vary for each region depending on their current nursery stock.The first step in the project will be do identify potential outplanting sites and modify permits,if necessary,to include those sites.Outplanting could start as soon as the subawards with partners and may be completed in one event or spread over multiple years,Monitoring of nutplant sites will occur following outplanting at 2-3 occasions over the first year oiler outplanting,as - required by permits,Maintenance of the nurseries will begin as soon as subawanls are completed and will continue throughout the project,as will reporting on the progress of the project. — _-Description dull funding sources included an tlte,SF-4I4 Funding Sources:Mont of the funding will he passed fmm TNC us suhawanlecs who will manage the nurseries and outplanting throughout Monroe County.A small portion of the funding will pay for the salary and benefits of TNCAs project manager,travel for the project manager to 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 540,000 in cash leverage which will cover the additional salary and benefits needed to cover the project managerAs time.In addition,the subawardces have committed S200,000 in in-kind leverage, Projects designed to protect or restore natural resources must be based on best available science.Include a description of the methods to be used to achieve the protection or restoration objective(s).(Also complete Question B.6.) Monitoring of the reefs within the Florida Keys National Marine Sanctuary over the past 20 years shows a documented and quantified decline of stony , coral cover and species diversity.From 1996 through 201 l,,the Coral Reef Evaluation and Monitoring Program(CREMP)recorded a 47%decline in stony corals,and documented no signs of successful recruitment at the monitoring sites.This project will grow staghom coral(Acropora cervicornis)in in-water nurseries located throughout the Kcys,and star corals(a type of boulder coral)in land-based facilities on Summerland Key.The corals will then be outplantcd to degraded reefs where they will contribute to reproduction and recovery of the reefs,The nurseries have been stocked in two ways:I)taking small fragments of tissue from healthy wild colonies,-and 2)collecting Afragments of opporlunityA or pieces of coral that arc unlikely to survive where they arc either because they have broken from their bases and cannot rcattact or arc attached to a dead or diseased base.The fragments have since been grown out in the nurseries and fragmented to create hundreds of clones of each genetic strain.Corals of many genetic strains arc outplantcd at each restored reef to help encourage successful sexual reproduction.The focus of this project is staghom rural and boulder corals from thc genus Mantastrea i (star corals)fur two reasons.First,these coral species are very important to the reef system.They arc generally considered some of the more important reef-builders.Staghurn coral provides a great deal of framework that serves as shelter for fish and invertebrates.Boulder corals grow into massive coral beads that hold the reef together.Staghom coral was listed as threatened under the Endangered Species Act in 2006 and several species of star coral were added in 2014,Second,work with these species has been through an extensive Afessibility studyA period beginning in 2004.The National Oceanic and Atmospheric Administration(NOAA)funded scientists and practitioners with The Nature Conservancy and partner organizations including Mote Marine Laboratory,Florida Fish and Wildlife Conservation Commission,and Coral Restoration Foundation to begin growing corals at in-water nurseries throughout the Florida Keys.The In-water nurseries currently hold upwards of 50,000 corals,and fragments have been outplantcd to over 65 reefs in the Keys.Over the past 6 years,scientists at Mote have been developing techniques for propagating and outplanting boulder corals,which grow much more ' slowly.The technique of Ar iao-fragmcntingA,or frequently fragmenting corals into tiny pieces,encourages faster growth rates as the coral heals. Fragments of the same genetic'strain grown next to each other will fuse when their tissues touch(Forsman),It has recently been documented that the corals •are spawning at a certain size rather than a certain age as previously bclicvcdt this means that multiple fragments can be fused to create a reproductively - active coral in a much shorter timeframe than if a coral was raised from one individual fragment,Survivorship rates at the outplant sites arc generally above 80%in the first year,at which time larger corals could have already spawned on the reef,Additionally,many of the partner organizations have documented their outplants spawning on the reef.The expertise and knowledge gained to date has been formalized into a Caribbean Ac-ropom Restoration Guide:Best Practices for Propagation and Population Enhancement(Johnson ct al.,2011),a document that compiles the lessons learned from practitioners in Florida and throughout the Carihhcan over the past 15 years of staghenn restoration work.Additionally,the Recovery Plan for staghom and clkhom coral was released in 2015 and lists coral restoration as an important tool to help recover the species and delis,them from the Endangered Species Act (National Marine Fisheries Service.2015),- (b)If the proposed project is part of a larger project outside the scope of this application,describe the larger project and the proposed project's relationship to it. This project is part of a larger ongoing program of dotal restoration throughout the entire Florida Reef Tract.This program was established in 2009 under' Page2of7 Page 2 the American Recovery and Reinvestment Act(ARRA).Each parner'riaw works independently but as part of the larger consortium.and funding has been secured at varying levels in each region. 2.Budget Justification(See OMB Uniform Adndnlstrallve Requirements,Cost Principles,and Audit Requirements for Federal Awards) Directions:Explain In detail haw the proposed budget supports the proposed scope of work.The budget Justification should relate each budget category listed in the SF-424A and SF-424C to the specific tasks discussed in the response to Bl.Provide specific Justification for ALL budget categories that apply,Including an explanation of the necessity,allowability,reasonableness,and allocabllity of proposed Costs.Please refer to the relevant Funding Opportunity Announcement for descriptions of the budget categories. Total Restore Budget:5469,330.06(Direct)and S 108,978.44(indirect)Total Leverage:5240,000 Salaries:$13.895.04(Direct)and 523,187.33(INC leverage)Benefits:$5,558.02(Direct)and$9.274.93(TNC leverage)The RESTORE funding combined with the cash leverage from TNC will pay a portion of the salary and Cringe benefits for the project manager over a 3-year period which is approximately 22%FTE per year.TNCs federally approved fringe benefit rate is 40%of total regular salaries through June 30,2018.INC will not charge:more than our federally approved fringe benefit rate each year of the project.The project manager will manage the grant which includes insuring we stay within budget,assisting with preparation and management of subrecipient agreements in addition to biannual site visits with each subawardce,-and managing the scope of work.The project manager will be working with Monroe County to keep them informed of the status of the project during the three-year period.it is our understanding that the reporting and management needs fur this grant could be lime consuming therefore,based on our experience with the American Recovery and Reinvestment Act.the time for the project manager has been budgeted accordingly.Travel:$567.00(Direct)RESTORE funding will pay for mileage so the project manager may visit each subawardec biannually from the TNC Big Pine Key office and conduct any other project-related travel during the 3-year project.TNC will charge the federally approved mileage rate corresponding to each year of the grant for mileage of our TNC-owned vehicle.Other.S100.00(Direct)Public education and outreach is an important part of what TNC and our partners do.Some minimal RESTORE funding has been set asideto develop and print brochures about the work(and recognize the funding source)to be used for public outreach events throughout the Keys,Contractual(Subawards):$449,210.00 (Direct)and S200,000.00(3rd Party leverage)Most of the funding will be paused from TNC to three subrccipicnts who will complete the restoration work. A breakdown of the subrccipicnts,amount of RESTORE funding and and party in-kind leverage is outlined below:A Coral Restoration Foundation will receive$143,747 to outplant a total of 4,500 large staghom corals and they will donate a total of 1,500 colonies to the Lower and Middle Keys numerics as 3rd party in-kind leverage.The value of the donated colonies is$60.I11X),A Florida Fish and Wildlife Conservation CommisSian will receive.$80,858 to outplant a total of 2,500 corals and conduct value-added research in conjunction with that outplanting to help advance the science of restoration.FWC will commit$40,000 in 3rd party in-kind leverage in the form of salaries and benefits for the staff working on the project.A Mote Marine Laboratory will receive S224,605 to outplant a total of 13.000 staghom and elkhom corals of varying sizes and 4,850 boulder corals,and will provide$)00,000 in in-kind leverage.Indirect charged @ 23.22%proposed FY18 rate:$108,978,441Direct)and$7,537.74(TNC leverage)Our budset includes Our approved FYI8 NICRA with our cognizant agency,U.S.Department of interior at 23.31%on all direct and leverage costs beginning July 1;2017 through June 30,2018. TNC will not charge mare than our federally approved NICRA each year of this project. 3.The Applicant's Selection and Oversight of Contractors,if applicable Directions:Indicate if the applicant plans to contract out any work described under the Budget Justification(see 82)Including construction.If so, the applicant must describe the following; (a)For State applicants: -Nature of the work to be contracted out and the expected number of contracts to be awarded; -State procurement method(s)that will be used for the procurement of the contractor(s);and -Applicant's plan for monitoring contractor performance and compliance. If a contractor already has been selected.also Include the following: -Name of each contractor; -DUNS number of each contractor; •Dale the applicant executed each contract;and -Amount of each contract award. (b)For non-State applicants: -Nature of the work to be contracted out and the expected number or contracts to be awarded; -Procurement method(s)allowable under 2 CFR 200320 that will he used for the procurement of the contractor(s); -Justification under 2 CFR 200320(f)for sole source procurement,If applicable;and -Applicant's plan for monitoring contractor performance and compliance. If a contractor already has been selected,also include the following: -Name of each contractor; -DUNS number of each contractor; -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 of each contract; •Description of the procurement process,as Implemented;and -Justification under 2 CFR 200.320(f)for sole source procurement,If applicable. Page 3 of 7 Page 3 4.The Applicant's Selection and Oversight of Subreciplenls and Inclusion of Special Provisions relating to Subawards,if Applicable Directions:indicate whether the applicant plans to issue subawards for activities proposed in this application.If so,the applicant must provide ALL of the following: •Description of how the applicant selected or plans to select subreclpient(s); The County selected the sub-recipients through the MYIP process -Description of the applicant's subrceipicnt monitoring and management plan that implements the requirements for pass-through entities at 2 CFR 200.331;and The County will work with each suhrecipienl to prepare a monitoring and management plan that implements the requirements for pass-through entities at 2 CFR 200.331.The County will work with the Florida Keys Water Quality Protection Program Steering Committee which is responsible fur setting guidance and policy for the development and implementation water quality programs to oversee and monitor the progress of the subrecipients. -The means by which the applicant will assess each subrecipient's level of risk and monitor each subreclplent's progress,including any required reports. The County will work with each subrecipient to prepare a monitoring plan to track the progress of the projects.The Nature Conservancy received an annual Single Audit per Uniform Guidance.Their last audit dated June 30,2016 they were a"low risk auditec".They arc waiting for their audit to be completed through June 30,2017 hut will supply a copy to us, If a subreciplent already has been selected,also include the following: -Name of each subreciplent; -DUNS number of each subr edpienl: -Dale the applicant selected each subreciplent;and -Amount of funds to be provided to each subrecipicnt Suhrccipient:The Nature Conservancy DUNS number:072656630 Date the applicant was selected:February 18,2015 Amount of funds to be provided: S578.308.50 5.Public Input for this Proposed Activity, Directions:Describe how the applicant considered the meaningful public input from individuals,businesses,Indian tribes,and nonprofit organizations relating to this proposed project,including input received during the preparation of the Multiyear Plan. Monroe County effectuated a broad public input process to determine the selection of projects included in this MYIP.The projects ultimately selected,and represented in the MYIP.were those highest ranked by the County's RESTORE Act Local Advisory Committee(a wide-ranging stakeholder group consisting of business-owners,environmentalist organizations,fishermen,and scientists appointed by the County Commission and the Commissions/Councils of each of the six municipalities within Monroe County.)The three highest ranked projects were then subsequently reviewed and approved by the Board of County Commissioners.There was a broad solicitation of applications,and all project applications received were posted on the County wcbsite for public review.The evaluation and ranking of all projects look place in open,public,and noticed meetings.All evaluation,project scores,and ranking information was(and remains)posted on the County's RESTORE Act web page,The Local Advisory Committee met several times.and the County's RESTORE Act activities arc regularly reported at County Commission meetings,The local media also regularly covers Mnrooe's on-going RESTORE Act activities Specifically related to the requirement to ensure meaningful puhlie:'cnmment on the MYIP, 6.Best Available Science,if applicable Directions:1f the answer to the following question is"yes"complete this section.Is the proposed activity designed to (?Yes t No protect or restore natural resources? The RESTORE Act requires activities designed to protect or restore natural resources to be based on the"best available science,"which is defined in the Act as science that(a)maximizes the quality,objectivity,and integrity of information,Including statistical information;(b)uses peer-reviewed and publicly available data;and(c)clearly documents risks and uncertainties in the scientific basis for such projects. The applicant must make a determination that a project designed to protect or restore natural resources is based on the best available science.In order to support this determination,the applicant must clearly state the protection or restoration objective(s)of the project,describe the methods that will be used to achieve the objective(s),and explain haw these methods are based nn best available science.The response must be sufficiently detailed for Treasury to evaluate the reasonableness of the applicant's determination that the project is based on best available science.In addressing the three-pronged test In the definition of"best available science,"the applicant must cite,when available,peer-reviewed,objective, methodologically sound literature sources that support the conclusion that the proposed scope of work is an effective way to achieve the stated objectives. The objectives of this project arc to 1)restore the ecosystem services on a reef through direct outplanting of nursery-raised corals,and 2)restore breeding populations to help jumpstart natural reef recovery.The proposed objectives are supported in the Acropora Recovery Plan,a document developed to guide the National Oceanic and Atmoshperic Adroinstration(NOAA)and other federal agencies in actions that could lead to eventual delisting of the species (National Marine Fisheries Service.2015).https://www.coris.noaa.gov/activities/elkhomlecovery_plan/While a similar document does not yet exist for boulder coral species,NOAA has voiced their support for restoration by streamlining the pertnitting process as part of the listing of those species which arc currently being propagated in labs and nurseries throughout Monroe County, For each literature source cited,the applicant must provide sufficient citatinns,including: -Title; -Journal in which the literature source appeared,if applicable: -Publication date; -Author(s);and •Web address If downloaded or available online. Foreman ZH,Page CA.Teanen RJ,and Vaughan D(2015)Growing coral larger and faster,micro-colony-fusion as a strategy for accelerating coral cover. Peed 3:c1313;DOI 10.7717/pcerj.1313 Gocrgen,E and Gilliam D(2018)Oulplanting technique,host genotype,and site affect the initial success of outplanled Acropora ccrvicomis.PecrJ 6;c4433;D01 10.7717/pcctj.4433 Herlan J and Lirrnan D(2009)Development of a coral nursery program for the threatened coral Acropora ccrvicornis in Florida.Prue'11th Int Coral Reef Sym 1244.1249 Hunt J.and Sharp B(2014)Developing a Comprehensive Strategy for Coral Restoration for Florida.State Wildlife Grant Award T 32-R 1169 Final Report.Available here: hetps:tlwww.st.ptnfs.rtoaa.gov/contlrestoration/pol'/Ilunt°/20and°/20Sfuup%202ol4,pdf Johnson ME,Gilliam DS,Miller MW,Lustic Cii,Larson E, Ncdimyer K,Bartels E,Lirman D,Schopmcycr S,and Baums 1B(2011)Caribbean Acropora Restoration Guide:Best Practices for Propagation and Population Enhancement.Available here;leaps://www.conservationgateway.org/FleslPages/Caribhcan-Acropora-Restcration•Guidc.aspx Lillis A, Bohnenstichl D,•Peters J,and Eggleston D(2016)Variation in habitat soundscapc characteristics influences settlement of a reef.huilding coral.Peed Page 4 of 7 Page 4 4:c2557.DOI 10.7717/pecrj.2557 Miller M,Lohr K,Camcron,C and Williams D(2014)Disease dynamics and potential mitigation among restored and wild staghum rural,Acrupora cervicurnis,Pearl 2:c541;baps:/Jdui.urg/10/7717/pecrj.541 Miller MW,Kerr K,and Williams DE(2016)Reef-scale trends in Florida Acropora spp.abundance and the effects of population enhancement PcerJ 4:c2523:D01 10.7717/pecrj.2523 National Marine Fisheries Service (2015)Recovery Plan for Elkhorn(Acropora palmata)and Staghorn(Acropora cervicomis)Corals,Prepared by the Acropora Recovery Team for the National Marine Fisheries Service,Silver Spring,Maryland.Nedimycr K,Gaines K,and Roach S(2011)Coral Trcc Nursery:An innovative approach to growing corals in an occan-hased'field nursery.AACL Binflux,Vol.4,issue 4 Opel A,Cavanaugh C.Rotjan R,and Nelson J(2017)The effect of coral restoration on Caribbean reef lish communities.Marine Biology 164221.hltps:/ldni.nrg/10/1007/s00227-017-3248-0 Reef Resilience Network: help://www,recfrcsilicnce.arg/restoration/project-planning!site-selection/Schopmeyer S.Litman D,Bands E,Gilliam D,Goergen E.Griffin S.Johnson M. Lustic C,Maxwell K,and Waiter C(2017)Regional restoration benchmarks for Acropora ccrvicomis.Coral Reefs.DOI 10.1007/s00338.0I7-1596-3 Sutherland KP and Ritchic KB(2004).White pox disease of the Caribbean eikhorn coral Acropora palmata.In;Rosenberg E.Loya L(cds.)Cora)Health and Disease.Springer-Verlag.Heidelberg,pp 289-297.Vcrmcij M.Marhaver K.Huijbcrs C,Nagclkerkcn 1,Simpson S(2010)Coral Larvae Move toward Reef Sounds.PLUS ONE 5(5):a ll)660,dsi:10.137 t/juurnal.pune.0010660 Williams DE and Miller MW(2005)Cund disease outbreak:pattern.prevalence and transmission in Acropora cervicamis.Mar Ecol Frog Set 30 f:119-128 Williams DE and Miller MW(2006)Morphology alas no clues to asexual vs., sexual origins of small Acropora ccrvicomis(Scleractinia:Acroporidae)colonies.Rev.biol.trap,Vol,54,suppl.3,pp.145-151 Wirt Amcs,Katherine, "Acropora Habitat Evaluation and Restoration She Selection Using a Species Distribution Modeling Approach"(2016).Graduate Theses and Dissertations. httpalschnlarcommnns,usf,cdu;'etd/6158 The applicant must provide written answers to all of the following: (Submission of source materials will not satisfy the requirements for answering this question.) -A summary of the peer-reviewed information that justifies the proposed objectives,including methods used for the proposed activity.If peer-reviewed literature sources are unavailable,the Applicant must explicitly Slate this and provide A brief explanation of what alternative scientific information sources were used.If the Applicant relied on publicly available data,the Applicant must cite the source of the data,the date of collection,and the size of the data set-Whenever possible,the Applicant should use publicly available data from sources such as State agencies and federal agencies,for example the U.S.Census Bureau,U.S.Fish and Wildlife Service,Environmental Protection Agency,National Oceanic and Atmospheric Administration.the Applicant must provide A link to each publicly available data source used. Sec attached document named"Best Available Science Revised"for details associated with this question. -A summary of how the applicant's methods reasonably support and are adaptable 10 Gulf Coast Region If the information supporting the proposed activity does not directly pertain to the Gulf Coast Region. All of this work was grown from work in Monroe County in the Gulf Coast Region.The project started in Tavernier in the Upper Keys and now covers the entire County,Most of the peer;rcvicwcd literature un the subject of Caribbean staghorn restoration was either based on research conducted in Florida alone or on research throughout the Caribbean that included the work in Florida. •A summary of an evaluation of uncertainties and risks In achieving the project's best available science objectives over the longer term;e.g.,Is there an uncertainty or risk that in 5-10 years the project/program will be obsolete or not function as planned given projections of sea level rise or other environmental change such as in freshwater inflows to estuaries? The benefits alibis project can be observed both in the short-term and in thc long-term.in the short.term,outptanted corals immediately increase live coral cover at the site,and recent research shows a rapid change in fish abundance,richness and community composition at restoration sites(Opel et at,2017). The nutplanted corals very quickly adhere to the reef and begin to provide the tunic ecosystem functions as natural colonies.Over time.these corals will contribute to sexual reproduction and help to reseed other reefs.Additionally,studies arc starting to show that coral larvae arc attracted to reef soundscpes (Lillis et at.2016;Vermeil et al,,2010),so by attracting invertebrates and fish that arc important parts of the reef ecosystem.we may be encouraging coral larvae to settle in restored areas.Hurricanes can pose a very real threat to both coral nurseries and restored sites.Hurricanes Inns and Maria caused significant damage to portions of the Florida reef tract and throughout the Caribbean.A number of the nurseries and restoration sites in Florida sustained substantial damage,The Coral Restoration Consortium hosted a webinar in February titled ABuilding Restoration Programs to Withstand Hurricanes: Lessons Learned from Irma and MariaA that brought together practitioners from Florida and the Caribbean to share the impacts of the hurricanes un their programs and to discuss ways to build our programs stronger in the future (Flip://wow,reefreal)icncesng/building-restoration-programs-to-withstand-hurricanes-lessons-learned-from-lane-and-merle/).Many of the nurseries and outplant sites had similar impacts and most of them arc unavoidable in the case of a direct hit from a strong hurricane.The main takeaway from the discussion was that the best way to protect our investments is to spread risk by nutplanting to many different reef habitats,duplicating genotypes in more than one nursery,and maintaining corals on different well-secured nursery structures,all of which have been implemented over the years in Florida.The programs have begun the process of rebuilding nursery structures using recovery funds and plan to restock the nurseries this summer using corals from unimpacted or less impacted nurseries and by bringing in corals of opportunity.As the climate changes.scientists can predict some of the likely changes to coral habitat but not all al them,By maintaining the diversity that has survived to this point,and by allowing the current AwinnersA to spawn on the reef and pass on their genes,we arc in effect helping corals to adapt to changes.Mute Marine Lab has installed un ocean acidification lab that allows them to manipulate both pH and water temperature to test how certain genetic strains react(Muller,pens comm.).In the future,this research will likely validate field observations about which coral strains arc less susceptible to the changes associated with ocean warming and acidification and will inform our work throughout the Keys, -A summary of the literature sources'conclusions and any uncertainties or risks In the scientific basis that would apply to the proposed activity, including any uncertainties or risks that were identified by the public or by a Gulf Coast Ecosystem Restoration Council member. The field of restoration is changing rapidly based on new innovations that make it more successful and efficient.The partners that arc involved in this project have served as technical advisors on a number of processes including:1)writing the Acropora recovery plan under the Endangered Species Act,2) development of recommendations to the Florida Keys National Marine Sanctuary for changes to their current management plan to accommodate and protect important restoration efforts,3)development of a restoration science plan far the State of Florida and others to use to prioritize funding for restoration and research(Hunt and Sharp,2014),4)serving as working group members and chairs on NOAAAs newly-formed Coral Restoration Consortium.and 5)hosting and developing content for a Caribbean Coral Restoration Wchinar Series that encourages collaboration between restoration practitioners and scientists.They have also presented al high-level conferences and workshops as the leaders in the field.Through these avenues, information about new science and techniques will be readily available to the project partners and we will be able to incorporate this into the work in real time.While the science continues to evolve.we have no reason to believe that there arc uncertainties in that science that would render our work obsolete. The changes being made arc those that make the work more efficient,less costly,and further scalable.To that end,NOAA is planning a meeting or the minds between scientists/practitioners and engineers to try to develop tools that allow us to outplant more corals for less cost(NOAA Restoration Center, pers.comm.), 7.Key Personnel Directions:Key personnel should include the applicant's Authorizing Official who Is authorized to sign the grant application and award,the Project Director who is responsible for the project,and the Financial Officer who is responsible for maintaining the accounting and financial records of the grant-The Direct Component Standard Terms and Conditions require the applicant to notify Treasury if there are any changes in key personnel. • Authorized Official•Monroe County Mayor,David Rice Project Director-Legislative Affairs&Grant Acuquisition Director,Lisa Tennyson Financial Officer-Monroe County Clerk of Court.Kevin Madok Subreceiptent Signatory Authority-Tcmperince Morgan,Executive Director of FL Chapter Suhrecciptenl Project Manager.Caitlin Lustic,South Florida Marine Conservation Manager Subreceiptent Finance-Susanne Holmes,Grants Specialist Page 5of7 Pages 8.Consistency with the Applicant's Multiyear Plan Directions:Describe whether the proposed scope of work differs from the corresponding projecUprogram identified In the applicant's Multiyear Plan accepted by Treasury.If no differences exits,make an affirmative statement as to their consistency. Some minor changes have been made to the scope of work regarding the number of corals that will be outplanted.In the years since this proposal was originally submitted,data has shown that larger corals tend to be more successful when outplanted,and tend to spawn alter fewer seasons on the reef.This is particularly true for the boulder corals,which spawn al a certain size rather than age,The change to our proposed numbers reflects the desire to outplant fcwcr larger colonies rather than many smaller fragments, 9.Possible Material Risks to Implement and Maintain the Proposed Activity Directions:List the possible material risks,e.g.,operational,legal,regulatory,budgetary,or ecological risks,with a brief discussion of mitigation strategies that the applicant may need to address In order to Implement and/or maintain the proposed activity.If the applicant determines that there are no material risks to Implement and maintain the proposed activity,then put'None'In the Risk column below. Risk Mitl¢atlon Stratecy Loss of corals Secure coral trees closer to the bottom to avoid damage from swaying,check ail attachment points of trees and blocks,reattach broken coral due to fragments in the nursery or outpiants on the reef immediately following damage storm damage Loss of Nursery and outplanted corals with disease can be culled or banded with epoxy to prevent the spread of disease on an individual colony;corals corals showing signs of disease arc not propagated or oulpianted until any signs arc gone;disease impacts arc tracked in the nursery and genetic due to strains that arc particularly susceptible might not be outplanted while those that arc particularly hardy may he outplanted more frequently;all disease nurseries and outplant sites contain a variety of genetic strains to buffer against losses Leis of Not much can he done to directly help coral survive bleaching,hut corals arc not handled.propagated or outplanted when they show signs of corals stress:bleaching is tracked in the nursery and genetic strains that arc particularly susceptible might not be outplanted while those that arc due to particularly hardy may be outplanted more frequently;all nurseries and outplant sites contain a variety of genetic strains to buffer against losses bleaching 10.Permits,Land Acquisition,Construction,and Relocation Assistance Directions:Answer the following items concerning permits,construction,land acquisition,and relocation assistance,if applicable. (a)Permits Does the proposed activity require any federal,tribal,state,or Iocal permits?For potential federal permits needed, Yes r No see:(hltgs:!(www.permits performance.gnvitootslferieral-enviromnenlal-review•and-authnrlxation•Invrnlory) s [ryes,list the specific federal,tribal,state,or local permits required for this project and the status of the permits: National Marine Fisheries Service Biological Opinion-all staghom coral restoration work is covered under a Biological Opinion obtained by NOAA:. Restoration Center;boulder coral work is covered under a Biological Opinion obtained by the Florida Keys National Marine Sanctuary Florida Kcys National Marine Sanctuary-all slaghom work is covered by existing FKNMS permits;Mo tc will obtain a permit for boulder coral work Florida Fish and Wildlife Conservation Commission Special Activities License-all staghom work is covered by existing SALe:Mote will obtain a permit for boulder coral work Will land be improved? J r Ycs r'No llyes,answer questions i•vi Will land or interest in land be acquired? I t Ycs i•No If yes.answer questions l.vli I.What are the legal rights that will be acquired? 1 Please explain'Other' O.If an easement,what Is the life of the easement? IIL Will the applicant hold title to the land? (c'yes r'No Iv.What is the total acreage of the proposed property Interest to be acquired(easement or fee title)? v.Has the applicant obtained a recent certified appraisal of the property?if yes,attach a copy of the appraisal C Yea ("No vi.Has the applicant obtained a recent title opinion or certificate?if yes,attach a copy of the title opinion or certificate. C.Ycs r No vii.Attach a signed statement from the seller(s)that he/she Is a willing seller end has not been coerced into selling or conveying the property interest. viii.Attach the legal description of the property and the tax parcel number. (c)Relocation Assistance Will the proposed project cause the displacement of any persons,businesses,or farm operations? C Yes r"No If yes.as required by Titles II and lll,of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,explain:the Page 6 of 7 Page 6 number of displaced persons,Including businesses and farm operations;what fair and reasonable relocation payments and advisory services will be provided to any displaced persons;and what provisions will be made to ensure that safe,decent,and sanitary replacement dwellings will be available to such persons within is reasonable period of time prior to displacement.. .err-•--ter a'�-.r�..�.:,.±�€,,.�-,�x.w,-" •. � - r ,.-tom w;,�-•'-�--`e;-...�. Aecoedin`g Puler rk ReifaeSan Aa of+199S$Tle; areregoimltopispond to®coifectiaa of informaHoa unless it disp ays a solid OMB control number.�'['he r'alid t)M13 aontrot number for Wbi Uifot�iiptlo""a co�lletlion t;15Q5.02511.Cata,.�,me��rn`"at�araing three time reqult�ed to , ,.�r,.ars-.�n.,,-.,..�tc�..:.»4 --z:-'.«1 >a css<._.�.k �.w,-cam..-... �*an.r•wa.as-+.sug�-a,>,>. „��.,., complete this information coliecdoa,indudittg the time to review inatractioas,search exIstlag data seaoaec a,gath aid maintalabyl theme d+ata"� J.ace:a V us+t" r`arsiiii #<.' +,'z 6 ihnuld l iKided,anted completing amend reriewia�the c ile"etton of lnformatlon,should be directed to the Department of the,Treasury OR(ce of Gulf Coast' Restoration 1300.Pennsylvania Ave:;NW WashirtotiiiDC 20220.., Page 7 of 7 Page 7 RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM-SPECIFIC TERMS AND CONDITIONS U.S. Department of the Treasury August 2017 7,�`(EtW"T'`�F�� aI `� yl I TABLE OF CONTENTS RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM- SPECIFIC TERMS AND CONDITIONS 1 A PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT 2 B PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM 3 STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT AND AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM C FINANCIAL REQUIREMENTS 4 D RECIPIENT REPORTING AND AUDIT REQUIREMENTS 7 E FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROL REQUIREMENTS 9 F RECORDS RETENTION REQUIREMENTS 10 G THE FEDERAL GOVERNMENT'S RIGHT TO INSPECT,AUDIT,AND INVESTIGATE 11 H AWARD DISBURSEMENT 12 I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY OF TREASURY PERSONNEL 13 J NOTIFICATIONS AND PRIOR APPROVALS 13 K PROPERTY 14 L AMENDMENTS AND CLOSEOUT 15 M REMEDIES FOR NONCOMPLIANCE 16 N DEBTS 17 O NON-DISCRIMINATION REQUIREMENTS 18 P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF SUBRECIPIENTS, CONTRACTORS, SUBCONTRACTORS AND VENDORS 20 Q DRUG FREE WORKPLACE 20 R LOBBYING RESTRICTIONS 20 S PROCUREMENT 22 T RESEARCH INVOLVING HUMAN SUBJECTS 23 U ENVIRONMENTAL REQUIREMENTS 23 ✓ MISCELLANEOUS REQUIREMENTS AND PROVISIONS 24 SUPPLEMENTAL STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT FOR ACQUISTION AND IMPROVEMENTS TO REAL PROPERTY W ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY 34 • RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM-SPECIFIC TERMS AND CONDITIONS PREFACE The grant agreement is comprised of the following documents: 1. A Notice of Award from the Department of the Treasury("Treasury"); 2. 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 Conditions"); 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(EOs),Office of Management and Budget(OMB)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 and Conditions, and any Special Award Conditions of this Award will be resolved according to the following order of precedence:federal laws,federal regulations,applicable notices published in the Federal Register, E0s, OMB circulars,Treasury's Standard Terms and Conditions, Program-Specific Terms and Conditions,and any Special Award Conditions.Special Award Conditions may amend or take precedence over Standard Terms andConditions and Program-Specific Terms and Conditions. Some of these Standard Terms 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(C.F.R.),EOs,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(2 C.F.R.Part 200),which supersedes former OMB Circular A-102(the former grants management common rule),OMB Circular A-133(single audit requirements),and all former 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,EO, 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. Reg.61236(Oct. 10,2014),codified at 31 C.F.R. Part 34)),and/or 2 C.F.R. Part 200. August 2017 Page 1 A PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT In addition to all the Standard Terms and Conditions described in Sections C through V of this document,all Treasury RESTORE Act awards made under the Direct Component include the following Program-Specific Terms and Conditions in this Section A: 1. /kdministrative Costs a. Administrative costs are defined at 31 C.F.R.§34.2. b. Under no circumstances may the recipient use more than three percent of the Award funds received for administrative costs.Administrative costs do not include indirect costs that are identified specifically with,or readily assignable to facilities,as defined in 2 C.F.R. §200.414.Costs borne by subrecipients do not count toward the three percent cap. c. Up to 100 percent of program income may be used to pay for allowable administrative costs,subject to the three percent cap. 2: Oil Spill Liability Trust Fund 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 subawards,the recipient must not use Direct Component funds to make subawards to fund activities for which any claim for compensation was filed and paid out by the Oil Spill Liability Trust Fund after July 6,2012. 3. Remedies for Noncompliance a. If Treasury determines that the recipient has expended Direct Component funds to cover the cost of any ineligible activities,in addition to the remedies available in Section M of these Standard Terms and Conditions, per 31 C.F.R.§34.804, Treasury will make no additional payments to the recipient from the Gulf Coast Restoration 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 the amount expended for the ineligible activities in the Trust Fund,or(2) 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,. b. If Treasury determines the recipient has materially violated the terms of this Award,Treasury will make no additional funds available to the recipient from any part of the Trust Fund until the recipient corrects the violation. August 2017 Page 2 B PROGRAM-SPECIFIC TERMS AND CONDITIONS-AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM In addition to all the Standard Terms and Conditions described in Sections C through V of this document,all Treasury RESTORE Act awards under the Centers of Excellence Research Grants Program include the following Program-Specific Terms and Conditions in this Section B: 1. Allowable Costa In addition to the prohibitions contained in 2 C.F.R. Part 200,Subpart E(Cost Principles), the following costs are unallowable unless approved in writing by Treasury: a. Construction,including the alteration,repair,or rehabilitation of existing structures.Facilities costs are allowable as indirect costs in a federally approved negotiated indirect cost rate. b. Acquisition of land or interests in land. 2. Notifications a. If the selection of a Center or Centers of Excellence occurs after the start date of this Award,the recipient must promptly inform Treasury of the following: i. Name of the Center of Excellence and the entity selected to administer it, including the names of member organizations if the entity is a consortium; H. The DUNS Number of the entity; iii. Location of the entity; iv. Discipline or disciplines assigned to the Center of Excellence; v. Description of the actual public input process undertaken,including a summary of any comments received and a description of how they were addressed;and vi.. The estimated budget for the Center,including the total allocation of funded dollars for the Center. b. The recipient must immediately notify Treasury if it anticipates selecting a new entity or consortium to serve as a Center of Excellence, or making other changes to the initial selection of Center(s)of Excellence described in the scope of work. 3. performance Reoorta In addition to the reporting requirements in Section D,the recipient must submit an annual report to the Gulf Coast Ecosystem Restoration Council("Council"),in a form prescribed by the Council that includes information on subrecipients,subaward amounts, disciplines addressed,and any other information required by the Council.When the subrecipient is a consortium,the annual report must also identify the consortium members.The recipient must provide a copy of this report to Treasury when it submits the report to the Council.. August 2017 Page 3 STANDARD TERMS AND CONDITIONS AWARDS UNDER THE DIRECT COMPONENT AND THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM C FINANCIAL REQUIREMENTS 1. ponlicable Regulations This Award is subject to the following federal regulations and requirements.This list is not exclusive: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 C.F.R.Part 200, Subparts A through F, and any Treasury regulations incorporating these requirements. b. Treasury's RESTORE Act regulations,31 C.F.R.Part 34. c. Govemmentwide Debarment and Suspension,31 C.F.R.Part 19. d. Govemmentwide Requirements for Drug-Free Workplace,31 C.F.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. Scone of Work The recipient must only use funds obligated and disbursed under this Award for the purpose of carrying 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 modifying the approved scope of work to include those activities. 3. pecjod of Performance:Pre-award Costs The 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 period 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 if: a. Treasury specifically authorized these costs in writing on or after the issuance date of this Award; b. Incurring these costs was necessary for the efficient and timely performance of the scope of work;and c. These costs would have been allowable if incurred after the date of the award. 4. indirect Costs 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 Principles). August 2017 Page 4 b. Indirect costs charged must be consistent with an accepted de minimis rate or the indirect cost rate agreement negotiated between the recipient and its cognizant agency(defined as the federal agency that is responsible for reviewing,negotiating,and approving cost allocation plans or indirect cost proposals,see 2 C.F.R.§200.19)and must be included in the recipient's budget. c. Unallowable direct costs are not recoverable as indirect costs. d. The maximum dollar amount of allocable indirect costs charged to this Award shall be the lesser of: I. The line item amount for the indirect costs contained in the approved budget,including all budget revisions approved in writing by the Treasury;or, ii. The 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 incurred,provided that the rate is approved on or before the Award end date. 5. Cost Sharing and Budget Limitations a. The recipient is not required to contribute any matching funds. b. The recipient shall not request or receive additional funding beyond what was included in the approved application for the attached approved scope of work from any federal or non-federal source without first notifying Treasury. 6. program Incomq Any program 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 subrecipient 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 Special Award Conditions,i.e.solely to accomplish the approved scope of work. 7. Jncurring Costs or Obtiaatina Federal Funds Beyond the Exoiration Dat@ 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 end of the period of performance are those strictly associated with close-out activities. Close-out activities are normally limited to the preparation of final progress, financial,and required audit reports unless otherwise approved in writing by Treasury. Under extraordinary circumstances,and at Treasury's sole discretion,Treasury may approve the recipient's request for an extension of the 90-day closeout period. 8. Tax Refunds, Refunds of taxes paid under the Federal Insurance Contributions Act(FICA)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.Part 200,subpart E(Cost Principles). The recipient agrees to contact Treasury immediately upon receipt of these refunds. August 2017 Page 5 9. Subawards a. If the recipient is permitted to make subawards under this award,the recipient must execute a legally binding written agreement with the subrecipient.This agreement must incorporate all the terms and conditions of this Award,including any Special Award Conditions,and must include the information at 2 C.F.R.§ 200.331.The recipient must perform all responsibilities required of a pass- through entity,as specified in 2 C.F.R.Part 200. b. The recipient must evaluate and document each subrecipient's risk of noncompliance with federal statutes,federal regulations,and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring strategy,as described in 2 C.F.R.§200.331(b). c. The recipient must monitor the subrecipient's use of federal funds through reporting,site visits,regular contact,or other means to provide reasonable assurance that the subrecipient is administering the subaward in compliance with the RESTORE Act,Treasury's RESTORE Act regulations,these Standard Terms and Conditions,Program-Specific Terms and Conditions,and any Special Award Conditions,and to ensure that performance goals are achieved. d. The recipient must provide training and technical assistance to the subrecipient as necessary. e. The recipient must,if necessary,take appropriate enforcement actions against non-compliant subrecipients. f. If lower tier subawards are authorized by Treasury,the recipient must ensure that a subrecipient who makes a subaward applies the terms and conditions of this Award,including any Special Award Conditions,to all lower tier subawards,and that a subrecipient who makes a subaward carries out all the responsibilities of a pass-through entity described at 2 C.F.R.Part 200. g. The recipient must maintain written standards of conduct governing the performance of its employees involved in executing this Award and administration of subawards. i. No employee, officer,or agent shall participate in the selection, award,or. administration of a subaward 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 he/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 subaward. ii. The officers,employees,and agents of the recipient shall neither solicit nor accept anything of monetary value from subrecipients. iii. A recipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. A financial interest may include employment,stock ownership,a creditor or debtor relationship,or prospective employment with the organization selected or to be selected for a subaward. iv. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of the recipient. August 2017 Page 6 D RECIPIENT REPORTING AND AUDIT REQUIREMENTS 1. Financial Reoon a. The recipient must submit a"Federal Financial Report"(SF-425)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 are due no later than 30 days following the end of each reporting period.A final SF-425 must be submitted within 90 days after the end of the period of performance. b. In the remarks section of each SF-425 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 authorized by the recipient organization to submit financial data on its behalf. d. The recipient must submit all financial reports via http://www.GrantSolutions.gov, unless otherwise specified by Treasury in writing. 2. performance Renorts a. The recipient must submit an SF-PPR("Performance Progress Report"),a "RESTORE Act Status of Performance Report,"(standard format provided by Treasury,OMB Approval No. 1505-0250)and an updated"RESTORE Act Milestones Report,"(standard format provided by Treasury,OMB Approval No. 1505-0250)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 are due no later than 30 days following the end of each reporting period,except the final report,which is due 90 days following the end of the period of performance. b. The recipient must submit all performance reports in(a)above,via http:Nwww.GrantSolutions.gov,unless otherwise specified in writing by Treasury, and the recipient must complete these reports according to the following instructions: i. SF-PPR: In the"performance narrative"attachment(section B of the SF- PPR),the recipient must provide the following information: a) In Section B-1: 1) Summarize activities undertaken during the reporting period; 2) Summarize any key accomplishments,including milestones completed for the reporting period; 3) List any contracts awarded during the reporting period,along with the name of the contractor and its principal,the DUNS number of the contractor,the value of the contract,the date of award,a brief description of the services to be provided,and whether or not local preference was used in the selection of the contractor;and 4) If the recipient is authorized to make subawards,list any subawards executed during the reporting 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 description of the scope of work. b) In Section B-2: 1) Indicate if any operational,legal,regulatory,budgetary,and/or ecological risks,and/or any public controversies,have materialized. If so,indicate what mitigation strategies have been undertaken to attenuate these risks or controversies;and 2) 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 B-3: Summarize any significant findings or events,including any data compiled,collected,or created,if applicable, d) In Section B-4: Describe any activities to disseminate or publicize results of the activity, project,or program,including data and its repository and citations for publications resulting from this Award. e) In Section B-5: 1) Describe all efforts taken to monitor contractor and/or subrecipient performance,including site visits,during the reporting period. 2) For subawards,indicate whether the subrecipient submitted an audit to the recipient, and if so, whether the recipient issued a management decision on any findings;and 3) Describe any other activities or relevant information not already provided. 0 In Section B-6: Summarize the activities planned for the next reporting period. ii. "RESTORE Act Status of Performance Report": Instructions are provided on the report form. iii. "RESTORE Act Milestones Report": Instructions are provided on the report form. 3. jnterim Renortina on Sianificantllevelooments per 2 C.F. R.J.2O0.328(dl a. Events may occur between the scheduled performance reporting dates that have significant impact upon the activity,project,or program.In such cases,the recipient must inform Treasury as soon as the following types of conditions become known: Problems,delays,or adverse conditions which will materially impair the ability to meet the objective of this Award.This disclosure must include a statement of the action taken,or contemplated,and any assistance needed to resolve the situation. ii. Favorable developments,which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. August 2017 Page 8 b. The recipient must: i. 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. ii. Immediately notify Treasury and the Treasury Inspector General of any indication of fraud,waste,.abuse,or potentially criminal activity pertaining to grant funds. Promptly notify Treasury upon the selection of a contractor or subrecipient performing work under this Award,and include the name and DUNS number for the subrecipient or contractor,and the total amount of the contract or subaward. • 4. Audit Requirement& The recipient is responsible for complying,and ensuring all subrecipients comply,with all audit requirements of the Single Audit Act and 2 C.F.R. Part 200 Subpart F—Audit Requirements. 5. Operational Self-Assessment The recipient must submit a revised Operational Self-Assessment form no later than June 30th of each calendar year for the duration of this Award.Only one Operational Self- Assessment must be submitted per recipient per year.In completing the form,the recipient must note controls or activities that have changed from its previous submission. The recipient must submit the Operational Self-Assessment electronically to restoreact ut treasurv.gov,unless otherwise specified in writing by Treasury. The form may be downloaded at httos://www.treasurv.aov/services/restore- act/Pages/Direct%20Component/DirectComponent.aspx. FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROL REQUIREMENTS 1. Recipients that are states must expend and account for Award funds in accordance with the applicable state laws and procedures for expending and accounting 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 recipients'financial management systems must be sufficient to: a. Permit the preparation of accurate,current,and complete SF-425,SF-PPR, RESTORE Act Milestones Report,and RESTORE Act Status of Performance Reports,as welt as reporting on subawards,if applicable,and any additional reports required by any Special Award Conditions; b. Permit the tracing of funds to a level 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 regulations,these Standard Terris and Conditions,Program-Specific Terms and Conditions,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 under the RESTORE Act. August 2017 Page 9 d. Identify and track all RESTORE Act awards received and expended by the assigned grant number,which is the Universal Award ID(as provided by Treasury),the year the Award was made,the awarding agency(Treasury),and the program's CFDA title and CFDA number(21.015). e. Record the source and application of funds for all activities funded by this Award, as well as all awards,authorizations,obligations,unobligated 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. f. Ensure effective control over,and accountability for,all federal funds,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 below(Award Disbursement),as well as written procedures to determine the allowability of costs in accordance with 2 C.F.R.Part 200,subpart E(Cost Principles)and the terms and conditions of this Award. 3. The recipient must establish and maintain effective internal controls over this Award in a manner that provides reasonable assurance that the recipient is managing this Award in compliance with the RESTORE Act,Treasury's RESTORE Act regulations,these Standard Terms and Conditions,Program-Specific Terms and Conditions,and any Special Award Conditions.These internal controls should be in compliance with guidance in"Standards for Internal Control in the Federal Government"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(COSO). The recipient must evaluate and monitor its compliance,and the compliance of any subrecipients,with the RESTORE Act,Treasury's RESTORE Act regulations,these Standard Terms and Conditions,Program-Specific Terms and Conditions, and any Special Award Conditions, and promptly remedy 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(P1I)consistent with applicable federal,state,and local laws • regarding privacy and obligations of confidentiality. F RECORDS RETENTION REQUIREMENTS 1. The recipient must retain all records pertinent to this Award for a period of three years, beginning on a date as described in 2 C.F.R. §200.333. While electronic storage of records(backed up as appropriate) is preferable,the recipient has the option to store records in hardcopy(paper)format. For the purposes of this section,the term"records" includes but is not limited to: a. Copies of all contracts and all documents related to a contract,including the Request for Proposal(RFP),all proposals/bids received,all meeting minutes or other documentation of the evaluation and selection of 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 bid protests; August 2017 Page 10 b. Copies of all subawards,including the funding opportunity announcement or equivalent,all applications received,all meeting minutes or other documentation of the evaluation and selection of subrecipients,any disclosed conflicts of interest regarding a subaward,and all signed conflict of interest forms); c. All documentation of site visits,reports,audits,and other monitoring of contractors(vendors)and subrecipients); d. All financial and accounting records,including records of disbursements to contractors(vendors)and subrecipients,and documentation of the allowability of Administrative Costs charged to this Award; e. All supporting documentation for the performance outcome and other information reported on the recipient's SF-425s,SF-PPRs,RESTORE Act Milestones Reports,and RESTORE Act Status of Performance Reports;and f. Any reports,publications,and data sets from any research conducted under this Award. 2. If any litigation,claim, investigation,or audit relating to this Award or an activity funded with Award funds is started before the expiration of the three year period,the records must be retained until all litigation,claims,investigations,or audit findings involving the records have been resolved and 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 with the contractor a requirement that the contractor retain all records in compliance with 2 C.F.R.§200.333. 4. If the recipient is authorized to make subawards,the recipient must include in its legal agreement with the subrecipient a requirement that the subrecipient retain all records in compliance with 2 C.F.R.§200.333. G THE FEDERAL GOVERNMENT'S RiGHT TO INSPECT,AUDIT,AND INVESTIGATE 1. Access to Records 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 recipient 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 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 subrecipient a requirement that the subrecipient make 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 subrecipient,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 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(see Section F above). c. If the recipient is authorized to enter into contracts to complete the approved scope of work,the recipient must include in its contract a requirement that the August 2017 Page 11 contractor make 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 contractor 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 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 F above). 2. Access to the Recipient's Sites, The Treasury,the Treasury Office of Inspector 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 subrecipients and contractors corresponding to the duration of their records retention obligation for this Award. FI AWARD DISBURSEMENT 1. Unless otherwise specified in a Special Award Condition,Treasury will make advance payments under this Award. However,if one of the following occurs,Treasury will require Award funds to be disbursed on a reimbursement basis either with or without pre-approval of drawdown requests:(1)Treasury determines that the recipient does not meet the financial management system standards(see Section E)included in these Standard Terms and Conditions,(2) Treasury determines that the recipient has not established procedures that will minimize the time elapsing between the transfer of funds and disbursement,or(3) Treasury determines that the recipient is in noncompliance with the RESTORE Act, Treasury's RESTORE Act regulations,other pertinent federal statutes,these Standard Terms and Conditions,Program-Specific Terms and Conditions,and/or any Special Award Conditions,and determines that the appropriate remedy is to require payment on a reimbursement basis. 2. If reimbursement is used,Treasury may require pre-approval of drawdown requests.If Treasury requires pre-approval of drawdown requests,Treasury will provide the recipient with instructions on what billing to submit.Treasury will make payment within 30 calendar days after receipt of the billing,unless Treasury determines the request to be improper, in which case payment will not be made. 3. To the extent available,the recipient must disburse funds available from program income,rebates,refunds,contract settlements,audit recoveries,and interest earned on such funds before requesting additional cash payments of Award funds. 4. Treasury will 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 recipient must first enroll in ASAP.gov. Treasury creates and funds account(s)for recipients in ASAP.gov,and recipients access their account(s)online to • request 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. 5. Requirements applicable to recipients that are states: Payment methods of state agencies or instrumentalities must be consistent with Treasury-State agreements under the Cash Management Improvement Act,31 C.F.R.Part 205"Rules and Procedures for Efficient Federal-State Funds Transfers,"and Treasury Financial Manual(TFM)4A-2000 Overall Disbursing Rules for All Federal Agencies. 6. Requirements applicable to recipients that are not states:The recipient must minimize August 2017 Page 12 the time between the transfer of funds from Treasury and the use of the funds by the 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 must 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 United States Government-insured interest-bearing 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 subaccount for the Award funds. Consistent with the national goal of expanding opportunities for women-owned and minority-owned business enterprises,the recipient is encouraged to ensure fair consideration of women-owned and minority-owned banks(a bank which is owned at least 50 percent by women or minority group members). 8. The recipient must maintain advances of federal funds in interest bearing accounts, unless one of the following conditions applies: a. The recipient receives less than$120,000 in federal awards per year; b. The best reasonably available interest bearing account would not be expected to earn 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. On an annual basis,the recipient must remit interest earned on federal advance payments deposited in interest-bearing accounts to the Department of Health and Human Services,Payment Management System, Rockville,MD 20852.Interest amounts up to $500 per year may be retained by the recipient and used for administrative costs. EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY OF TREASURY PERSONNEL In the event of a federal government shutdown,Treasury will issue guidance to the recipient concerning the expected effects on this Award. J NOTIFICATIONS AND PRIOR APPROVALS 1. notifications In addition to other notifications required under 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 subaward prior to the expiration of the agreement with the subrecipient. c. Except for changes described in(2)below,the recipient may revise the budget without prior approval. If the recipient alters the budget,the recipient must August 2017 Page 13 provide a revised budget form (SF-424A or SF-424C,as applicable)to Treasury as an attachment to the SF-PPR, reflecting all budget revisions from the same period covered by the SF-PPR.Acceptance of such budget information does not constitute Treasury's approval of the revised budget. 2. prior Approvals • a. The recipient must obtain prior written approval from Treasury whenever any of the following actions is anticipated: i. A change in the scope or the objective of the activity, project,or • program(even if there is no associated budget revision requiring prior written approval); ii. A need to extend the period of performance; iii. A need for additional federal funds to complete the activity, project, or program; iv. The transfer of 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, material,equipment or general support services), unless described in the application and approved in this Award.; vi. Any transfer between the non-construction and construction activities;and vii. The inclusion of costs that require prior approval in accordance with 2 C.F.R. Part 200, Subpart E—Cost Principles, unless described in the application and approved in this Award. b. If requesting a no-cost extension to this Award,the request must be made no less 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. K PROPERTY 1. General Requirements a. The recipient must comply with the property standards at 2 C.F.R.§200.310 through§200.316 for real property,equipment,supplies, and intangible property. The recipient must also comply with the RESTORE Act requirements concerning the acquisition of land and interests in land at 31 C.F.R.§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. $uoolies and Eauiom ant a. Requirements that are applicable to recipients that are states: i. Equipment The recipient must use,manage,and dispose of equipment acquired under this Award in accordance with state laws and August 2017 Page 14 procedures. ii. Supplies: If the recipient has 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 supplies 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 SF-428-B Final Report Form no later than 60 days after the end of the Period of Performance. b. Requirements that are applicable to recipients that are not states: i. Equipment and Supplies: During the period of performance,the recipient must seek disposition instructions from Treasury for equipment and/or unused or residual supplies acquired under this Award if the current fair market value of the equipment and/or unused or residual supplies is greater than$5,000 per unit.The recipient must seek disposition instructions before disposing of the property by submitting a completed SF-428 Tangible Personal Property Report and SF-428-C Disposition Request/Report. Not later than 60 days after the end of the period of performance,the recipient must submit to Treasury a completed SF-428 Tangible Personal Property Report and SF-428-B Final Report Form 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 AMENDMENTS AND CLOSEOUT 1. Amendments a. The terms of this Award may be 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 regulation. c. Amendments must be requested in writing,and must include an explanation for the reason this Award should be amended. 2. Closeout a. Treasury will close out this Award when it determines that all applicable administrative actions and all required work of this Award have been completed. Within 90 calendar days after the end of the period of performance,the recipient must submit any outstanding SF-PPR and RESTORE Act Status of Performance reports,as well as the required reporting on subawards,if applicable, plus a final • SF-425 report, unless the recipient requests,and Treasury approves,an extension. b. The recipient must liquidate all obligations incurred under this Award not later than 90 calendar days after the end of the period of performance, unless the recipient requests,and Treasury approves,an extension. c. The recipient must promptly refund any balances of unobliqated cash that August 2017 Page 15 Treasury paid. d. Within 90 days after receipt of reports in paragraph(a)of this section,Treasury will make upward or downward adjustments to the allowable costs,and then make prompt payment to the recipient for allowable,unreimbursed costs. f. The closeout of this Award does not affect any of the following: i. The right of Treasury to disallow costs and recover funds on the basis of a later audit or other review; ii. The obligation of the recipient to return any funds due as a result of later refunds,corrections,or other transactions including final indirect cost rate adjustments; iii. The recipient's obligations regarding audits,property management and disposition(if applicable),and records retention. M REMEDIES FOR NONCOMPLIANCE 1. If Treasury determines that the recipient has failed to comply with the 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 the following actions(in addition to the remedies in Section A.3,above,applicable to Direct 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 more frequent submission of the SF- 425,SF-PPR,or RESTORE Act Status of Performance Report, iii. c Requiring additional activity,project,or program monitoring, iv. Requiring the recipient or one or more of its subrecipients to obtain technical or management assistance,and/or v. Establishing additional actions that require prior approval; b. Temporarily withhold payments pending correction of the noncompliance; c. Disallow from funding from this Award all or part of the cost of the activity or action not in compliance; d. Wholly or partly suspend or terminate this Award; e. Withhold additional Awards;and/or f. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180. Treasury will notify the recipient in writing of Treasury's proposed determination that an instance of noncompliance has occurred,provide details regarding the instance of noncompliance,and indicate the remedy that Treasury proposes to pursue. The recipient will have 30 calendar days to respond and provide information and documentation contesting Treasury's proposed determination or suggesting an alternative remedy. Treasury will consider any and all information provided by the recipient and issue a final determination in writing,which will state Treasury's final findings regarding is noncompliance and the remedy to be imposed. 2. In extraordinary circumstances,Treasury may require that any of the remedies above take effect immediately upon notice in writing to the recipient.In such cases,the recipient may contest Treasury's determination or suggest an alternative remedy in writing to August 2017 Page 16 Treasury,and Treasury will issue a final determination. 3. Instead of,or in addition to,the remedies listed above,Treasury may refer the noncompliance to the Treasury Office of Inspector General for investigation or audit. Treasury will refer all allegations of fraud,waste,or abuse to the Treasury Inspector General. 4. Treasury may terminate this Award in accordance with 2 C.F.R.§200.339. Requests for termination by the recipient must also be in accordance with 2 C.F.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.If 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. 5. If this Award is terminated,Treasury will update or notify any relevant government-wide 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 guidance 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 suspension or termination or subsequently.However,costs during suspension or after termination are allowable if: (1)the costs result from obligations 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 takes effect. N DEBTS 1. Payment of Debts Owed the Federal Government a. Any funds paid to the recipient in excess of the amount to which the recipient is finally determined 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 delinquent if it has not 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 e below)shall be charged on delinquent debts in accordance with 31 U.S.C.§3717 and 31 C.F.R.§901.9.Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. c. The minimum annual interest rate to be assessed on any debts is the Department of the Treasury's Current Value of Funds Rate(CVFR).The CVFR is available online at https://www.fiscal.treasury.00v/fsreports/rnt/cvfr/cvfr home.htm.The assessed rate shall remain fixed for the duration of the indebtedness,based on the beginning date in Treasury's written demand 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 handling a delinquent debt,shall be determined by Treasury. f. Funds for payment of a debt must not come from other federally sponsored programs.Verification that other federal funds have not been used will be made, e.g.,during on-site visits and audits. r erRIM August 2017 Page 17 2. Effect of Judgment Lien on Elloibillty for Federal Grants.Loans.or Programs Pursuant to 28 U.S.C.§3201(e),unless waived in writing by Treasury,a debtor who has a judgment lien against the debtor's property for a debt to the United States shall not be eligible to receive any grant or loan that is made,insured,guaranteed,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 judgment is paid in full or otherwise satisfied. 0 `NON-DISCRIMINATION REQUIREMENTS No person in 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 benefits of,or be subject to discrimination under any program or activity receiving federal financial assistance.The recipient is required to comply with all non-discrimination requirements summarized in this section,and to ensure that all subawards and contracts contain these nondiscrimination requirements. 1. Statutory Provisions a. Title VI of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)prohibits discrimination on the grounds of race,color,or national origin under programs or activities receiving federal financial assistance; b. Title IX of the Education Amendments of 1972(20 U.S.C.§§ 1681 et 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.§794) prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; d. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.), prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance; e. The Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§ 12101 et seq.)("ADA"), including the ADA Amendments Act of 2008(Public Law 110-325, ("ADAAA"),prohibits discrimination on the basis of disability under programs, activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto,as well as public or private entities that provide public transportation; f. Any other applicable non-discrimination law(s). 2. Regulatory Provisions • a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title VI of the Civil Rights Act of 1964, as amended(42 U.S.C. §§2000d, et 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 28,implement Title IX of the Education Amendments of 1972(20 U.S.C.§§ 1681 et seq.)which prohibits discrimination on the basis of sex under federally assisted education programs or activities. August 2017 Page 18 3. Other Provisions a. Parts II and Ill of EO 11246 (30 Fed. Reg. 12319, 1965),"Equal Employment Opportunity,"as amended by EO11375(32 Fed.Reg. 14303, 1967)and 12086 (43 Fed.Reg.46501, 1978),require federally assisted construction contracts to include the nondiscrimination provisions of§§202 and 203 of EO 11246 and Department of Labor regulations implementing EO 11246(41 C.F.R.§60-1.4(b), 1991). b. EO 13166(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 (LEP),and develop and implement a system to provide those services so LEP persons can have meaningful access to them. 4. Title VII Exemption for Religious Organizationg Generally,Title VII of the Civil Rights Act of 1964,42 U.S.C.§§2000e 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 individual's race,color, religion,sex,or national origin.However,Title VII,42 U.S.C.§2000e-1(a),expressly exempts from the prohibition against discrimination on the basis of religion,a religious corporation,association,educational institution,or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation,association,educational institution,or society of its activities. 5. protectiogs for Whistleblowers In accordance with 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 authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation 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 court 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. August 2017 Page 19 P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF SUBRECIPIENTS,CONTRACTORS,SUBCONTRACTORS AND VENDORS 1. Recipients that are authorized to enter into subawards or contracts to accomplish all or a portion of the approved scope of work must verify that a proposed subrecipient or contractor(if the contract is expected to equal or exceed$25,000)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 enter into a subaward or contract with an entity that appears on the Excluded Parties List.The Excluded Parties List is accessible at http://www.sam.gov. 2. The recipient must ensure that any agreements or contracts with subrecipients or contractors(vendors)require that they verify that their contractors(for contracts expected to equal or exceed$25,000),subcontractors(for subcontracts expected to equal or exceed$25,000),or principals that the subrecipients or contractors engage to accomplish the scope of work,if applicable,do not appear on the federal government's Excluded Parties List.Subrecipients and contractors may not enter into a contract or subcontract with an entity, or that entity's principals,if that entity or its principals appear on the Excluded Parties List. 3. The recipient must include a term or condition in all lower tier covered transactions (subawards,contracts,and subcontracts described in 31 C.F.R.Part 19,subpart B)that the award is subject to 31 C.F.R. Part 19. Q DRUG FREE WORKPLACE The recipient must comply with the provisions of the Drug-Free Workplace Act of 1988(Public Law 100-690,Title V,Sec.5153,as amended by Public Law 105-85, Div.A,Title VIII,Sec.809, as codified at 41 U.S.C.§8102),and Treasury implementing regulations at 31 C.F.R.Part 20, which require that the recipient take steps to provide a drug-free workplace. R LOBBYING RESTRICTIONS 1. Lobbying Restrictions a. Solely for the purposes of Section R of these Standard Terms and Conditions, "recipient"is used as defined at 31 C.F.R. §21.105(0). Solely for 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.§ 1352, as amended, and with regulations at 31 C.F.R. Part 21.No appropriated funds may be expended by the recipient of a Federal grant to pay 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 making of any Federal grant or the extension,continuation, renewal, amendment, or modification 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, set forth in Appendix A of 31 C.F.R. Part 21,that the person has not made, and will not make, any payment prohibited under 31 U.S.C.§ 1352,as amended. b. The certification shall be filed pursuant to 31 C.F.R. §21.100(a)and(b). c. An_subrecipient,at any tier,who receives a subaward exceeding$100,000 under August 2017 Page 20 this award, shall file with the tier above them a certification, set forth in appendix A of 31 C.F.R. Part 21,that the subrecipient as not made,and will not make, any payment prohibited by 31 C.F.R. §21.100(a). Pursuant to 31 C.F.R.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 31 C.F.R. Part 21,that the contractor or_ subcontractor has not made,and will not make,any payment prohibited by 31 U.S.C. § 1352, as amended. Pursuant to 31 C.F.R.21.100(d),the certification shall be filed to the next tier above. e. Every 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 available remedies,including those authorized by 31 U.S.C. §1352. 3. Disclosure of Lobbvina Activities a. The award recipient of this RESTORE Act grant from Treasury, if this grant exceeds$100,000, shall file with Treasury disclosure form SF-LLL, set forth in Appendix B of 31 CF.R. Part 21,if that award recipient is 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. b. Every recipient of a subaward under this RESTORE Act grant from Treasury,if this grant exceeds$100,000, shall file with the tier above it the disclosure form SF-LLL,set forth in Appendix B of 31 C.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 SF-LLL disclosure 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. c. Every recipient of a contract or subcontract under this RESTORE Act grant from Treasury, if this grant exceeds$100,000, shall file with the tier above it the disclosure form SF-LLL,set forth in Appendix B of 31 C.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 SF-LLL disclosure 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 SF-LLL disclosure form filed shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an August 2017 Page 21 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 is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification. If a person fails to file a required disclosure, the United States may pursue all available remedies, including those authorized by 31 US.C.§ 1352, e. Pursuant to 31 C.F.R. §21.110(c),every recipient must file a new disclosure form at the end of each calendar quarter in which a payment, or an agreement to make a payment, is made which would have otherwise required reporting at the time of application. Moreover, if an event occurs during the calendar quarter which materially affects the accuracy of information reported on the disclosure form previously submitted,the submitter must file a new•disclosure form. Events which"materially affect"the accuracy of information already reported include: i. A cumulative increase of$25,000.or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; ii. A change in the persons(s)influencing or attempting to influence; and/or iii. A change in the Federal official(s) contacted to influence or attempt to influence a covered Federal action, f. The award recipient must submit its form SF-LLLs,as well as those received from subrecipients,contractors and subcontractors,to Treasury within 30 calendar days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. g. The award recipient must include a statement in all subaward, contracts and subcontracts exceeding$100,000 in federal funds,that the subaward,contract, or subcontract is subject to 31 U.S.C. § 1352, h. The award recipient must require subrecipients, contractors and subcontractors to submit form SF-LLL to the award recipient with 15 calendar days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure from previously filed. S PROCUREMENT 1. The recipient must comply 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 C.F.R. 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 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 recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 2. When the recipient makes a subaward to a subrecipient that is authorized to enter into contracts for the purpose of completing the subaward scope of work,the recipient must require the subrecipient to comply with the requirements contained in this section. 3. Requirements applicable to recipients that are states:When executing procurement August 2017 Page 22 actions under this Award,the recipient must follow the same policies and procedures it uses for procurements from its non-federal funds.The recipient must ensure that every purchase order or other contract contains any clauses required by federal statutes and EOs and their implementing regulations,including all of the provisions listed in Appendix II to 2 C.F.R.Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards, as well as any other provisions required by law or regulations. 4. Requirements applicable to recipients that are not states:The recipient must follow all procurement requirements set forth in 2 C.F.R.§§200.318,200.319,200.320,200.321, 200.323,and 200.324. In addition,all contracts executed by the recipient to accomplish the approved scope of work must contain any clauses required by federal statutes and EOs and their implementing regulations,including all of the provisions listed in Appendix II to 2 C.F.R.Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards. 5. The recipient,subrecipient, 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 without 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 notify the recipient in writing of the final determination. T RESEARCH INVOLVING HUMAN 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 individual about whom an investigator conducting research obtains(1)data through intervention or interaction with the individual,or(2)identifiable 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 maintain appropriate policies and procedures for the protection of human subjects.In the event it becomes evident that human subjects may be involved in this project,the recipient must submit appropriate documentation to Treasury-for approval by the appropriate Treasury officials.This documentation may include: a. Documentation establishing approval of the project by an institutional review board(IRB)approved for federal-wide use under Department of Health and Human Services guidelines; b. Documentation to support an exemption for the project; c. Documentation to support deferral for an exemption or IRB review;or d. Documentation of IRB approval of any modification to a prior approved protocol or to an informed consent form. 4. No work involving human subjects may be undertaken,conducted,or costs incurred and/or charged for human subjects research,until the appropriate documentation is approved in writing by Treasury. U ENVIRONMENTAL REQUIREMENTS The recipient must comply with all environmental standards,and provide information requested by Treasury relating to compliance with environmental standards,including but not limited to the following federal statutes,regulations, and EOs. If the recipient is permitted to make any subawards,the recipient must include all of the environmental statutes,regulations,and executive August 2017 Page 23 orders listed below in any agreement or contract with a subrecipient,and require the subrecipient to comply with all of these and to notify the recipient if the subrecipient becomes aware of any impact on the environment that was not noted in the recipient's approved application package: 1. National Historic Preservation Act, as amended(54 U.S.C.§300101 et seq.)and Archeological and Historic Preservation Act,as amended(54 U.S.C. §312501 et seq.) 2. The National Environmental Policy Act of 1969,as amended(42 U.S.C.§4321 et seq.) 3. Clean Air Act,as amended(42 U.S.C.§7401 et seq.), Clean Water Act,as amended (33 U.S.C. § 1251 et seq.),and EO 11738 4. The Flood Disaster Protection Act of 1973,as amended(42 U.S.C.§4002 et seq.) 5. The Endangered Species Act of 1973,as amended,(16 U.S.C.§ 1531 et seq.) 6. The Coastal Zone Management Act,as amended,(16 U.S.C.§ 1451 et seq.) 7. The Coastal Barriers Resources Act,as amended,(16 U.S.C.§3501 et seq,) 8. The Wild and Scenic Rivers Act, as amended,(16 U.S.C.§1271 et seq.) 9. The Safe Drinking Water Act of 1974,as amended,(42 U.S.C.§300f-j) 10.The Resource Conservation and Recovery Act of 1976,as amended,(42 U.S.C.§ 6901 et seq.) 11. 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.§9601 note) 12. Magnuson-Stevens Fishery Conservation and Management Act,as amended(16 U.S.C. §1801) 13. Marine Mammal Protection Act,as amended(16 U.S.0§31) 14. Migratory Bird Treaty Act,as amended(16 U.S.C.§§703-712) 15. Responsibilities of Federal Agencies to Protect Migratory Birds,EO 13186 16. Bald and Golden Eagle Protection Act,as amended(16 U.S.C.§668-668d) 17. Marine Protection, Research and Sanctuaries Act(33 U.S.C.§§ 1401-1445 and 16 U.S.C. §§1431-1445) 18. National Marine Sanctuaries Act,as amended(16 U.S.C.§1431 et seq.) 19. Rivers and Harbors Act of 1899 (33 U.S.0§407) 20. Environmental Justice in Minority Populations and Low Income Populations, EO 12898, as amended 21. Floodplain Management, EO 11988,as amended by EO 13690 and,Protection of Wetlands, EO 11990,May 24,1977, as amended by EO 12608 22. Farmland Protection Policy Act,as amended(7 U.S.C.§4201 et.seq.) 23. Coral Reef Protection,EO 13089Invasive Species,EO 13112 V MISCELLANEOUS REQUIREMENTS AND PROVISIONS The recipient must comply with all miscellaneous requirements and provisions described in this section and,when applicable,require its subrecipients,contractors,and subcontractors to comply.This list is not exclusive: August 2017 Page 24 1. prohibition Against Assignment by the Recipient 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 institutions without the express written approval of Treasury. 2. DIsclalmerProvision a. The United States expressly disclaims any and all responsibility or liability to the recipient 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 way from the performance of this Award or any other losses resulting in any way from the performance of this Award or any subaward, contract,or subcontract under this Award. b. The acceptance of this Award by the recipient does not in any way constitute an agency relationship between the United States and the recipient. 3. prohibited apd Criminal Activitieg a. The Program Fraud Civil Remedies Act of 1986(31 U.S.C.§§3801-3812), 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). b. False Statements, as amended (18 U.S.C.§ 1001)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. c. False,Fictitious,or Fraudulent Claims,as amended(18 U.S.C. §287)provides that whoever makes or presents a false,fictitious, or fraudulent claim against or to the United States shall be subject to imprisonment of not more than five 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. 18 U.S.C.§3729 et seq.),provides that suits under this act can be brought by the federal government,or a person on behalf of the federal government,for false claims under federal assistance programs e. Copeland"Anti-Kickback"Act,as amended(18 U.S.C.§874 and 40 U.S.C.§ 276c), prohibits a person or organization engaged in a federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract.The Copeland"Anti-Kickback" Act also applies to contractors and subcontractors pursuant to 40 U.S.C.§3145. 4, political Activitieg The recipient must comply, as applicable,with provisions of the Hatch Act,as amended (5 U.S.C.§§ 1501-1508 and§§7321-7326)which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 5. American-Made Eauloment and Products The recipient is hereby notified that it is encouraged,to the greatest extent practicable,to purchase American-made equipment and products with funding provided under this August 2017 Page 25 Award. 6. jpereasina Seat Belt Use in the United States 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. ylinority Servina Institutions(MSis1 Initiative Pursuant to EOs 13555 and13270,as amended,Treasury is strongly committed to broadening the participation of MSIs 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 education,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 MSIs are listed on the Department of Education website at http:Uwww2.ed.ciov/about/offices/lisUocr/edlite-minoritvinst.html. 8. Research Misconduct Treasury adopts,and 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 on December 6,2000(65 Fed.Reg.76260(2000)).As provided for in the Federal Policy, research misconduct refers to the fabrication,falsification,or plagiarism in proposing,performing,or reviewing research,or in reporting research results.Research misconduct does not include honest errors or differences of opinion. 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 so.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 inform the recipient of the Treasury's final determination. 9. Care and Use of Live Vertebrate Animals Recipients must comply with the Laboratory Animal Welfare Act of 1966(Public Law 89- 544),as amended, (7 U.S.C.§2131 et seq.)(animal acquisition,transport,care, handling,and use in projects),and implementing regulations,9 C.F.R.Parts 1,2,and 3; the Endangered Species Act,as amended, (16 U.S.C.§ 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);the Nonindigenous Aquatic Nuisance Prevention and Control Act,as amended,(16 U.S.C.§4701 et seq.)(ensure preventive measures are taken or that probable harm of using species is minimal if there is an escape or release);and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research,teaching,or other activities supported by federal financial assistance. 11141111111 . August 2017 Page 26 10. The Trafficking Victims Protection Act of 2000.as amended.(22 U.S.C.6 7104(g)1, gnd the implementing regulations at 2 C.F.R.Part 175 The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity,without penalty to the federal government,if the recipient or subrecipient engages in certain activities related to trafficking in persons. a.Provisions applicable to a recipient that is a private entity. 1. You as the recipient,your employees,subrecipients under this Award,and subrecipients'employees may not— i. Engage in severe forms of trafficking in persons during the period of time that this Award is in effect; ii. Procure a commercial sex act during the period of time that this Award is in effect;or iii. Use forced labor in the performance of this Award or subawards under this Award. 2. We as the federal awarding agency may unilaterally terminate this Award, without penalty, if you or a subrecipient that is a private entity— i. Is determined to have violated a prohibition in paragraph a.1 of this Section V.10;or ii. Has an employee who is determined by the agency official authorized to terminate this Award to have violated a prohibition in paragraph a.1 of this Section V.10 through conduct that is either— A. Associated with performance under this Award;or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R.Part 180,"OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),"as implemented by our agency at 31 C.F.R. 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 subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this Section V.10;or 2. Has an employee who is determined by the agency official authorized to terminate this Award to have violated an applicable prohibition in paragraph a.1 of this Section V.10 through conduct that is either— '. Associated with performance under this Award;or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180,"OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),"as implemented by our agency at 31 C.F.R.Part 19. • c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this Section V.10. August 2017 Page 27 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this Section V.10: i. Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA),as amended(22 U.S.C.§7104(g)),and ii.Is in addition to all other remedies for noncompliance that are available to us under this Award. 3. You must include the requirements of paragraph a.1 of this Section V.10 in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee"means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this Award;or ii. ,Another person engaged in the performance of the project or program under this Award and not compensated by you including, but not limited to,a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor"means labor obtained by any of the following methods:the recruitment,harboring,transportation, provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose of subjection to involuntary servitude,peonage,debt bondage,or slavery. 3. "Private entity": i. Means any entity other than a state,local government,Indian tribe,or foreign public entity,as those terms are defined in 2 C.F.R.§ 175.25. ii. Includes: A. A nonprofit organization,including any nonprofit institution of higher education,hospital,or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R.§ 175.25(b). B. A for-profit organization 4. -"Severe forms of trafficking in persons,""commercial sex act,"and"coercion" have the meanings given at§ 103 of the TVPA, as amended(22 U.S.C. § 7102). 11. I : : . : r s . J . _ . I . i . rise. ti _ . . i, : g . :. /Pub.L No.109-282`31 U.S.C.&6101 fetal a. The award term at Appendix A of 2 C.F.R. Part 170 is hereby incorporated by reference. b. The Federal Funding Accountability and Transparency Act of 2006(FFATA) requires information on federal awards to be made available to the public via a single,searchable website.This information is available at www.USASpending.gov.The FFATA Subaward Reporting System(FSRS)is the - reporting tool federal prime awardees(i.e.,prime contractors and prime grants recipients)use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements. Prime grant awardees will report against sub-grants awarded.The subaward • information entered in FSRS will then be displayed at August 2017 Page 28 http:llwww.USASpending.gov. c. Recipients of RESTORE Act funding are subject to FFATA subaward reporting requirements as outlined in the OMB guidance on FFATA issued August 27, 2010.The recipient is required to file a FFATA subaward 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 filed electronically at htto://www.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. The total federal funding authorized to date under this Award is$25,000 or more;and ii. In the preceding fiscal year,the recipient received- 1) 80 percent or more of annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to FFATA,as defined at 2 C.F.R.§ 170.320(and subawards);and 2) $25,000,000 or more in annual gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to FFATA,as defined at 2 C.F.R. 170.320(and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under§ 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d)) 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 total compensation filings at http://wvvw.sec.gov/answers/execomp.htm.) e. The recipient must report on the total compensation of its subrecipients'five most highly compensated executives,as required by FFATA,and must include provisions in every executed contract or agreement with affected subrecipients requiring the subrecipient to provide all information necessary for the recipient to report on subrecipient executive compensation.The recipient must report on subrecipient executive compensation by the end of the month following the month during which the recipient makes the subaward. f. The recipient must keep its information current in SAM (System for Award Management,which is the successor to the Central Contractor Registry, (CCR)) at least until submission of the final SF-425 or receipt of the final Award payment, whichever is later.This requires that the recipient review and update the information at least annually after the initial registration,and more frequently if required by changes in the recipient's information.SAM is the federal repository into which an entity must provide information 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 https:/lwww.sam.gov/portaUpubliclSAM/). g. If the recipient is authorized to make subawards under this Award,the recipient must notify potential subrecipients that the recipient may not make a subaward to any entity unless that entity has provided its Data Universal Numbering System (DUNS)number to the recipient.A DUNS number is the nine-digit number _ August 2017 Page 29 • established and assigned by Dun and Bradstreet, Inc.to uniquely identify business entities. 12. Recipient lntearity and Performance Matters 180 FR 43301.July 22.20151 Reporting of Matters Related to Redolent Integrity and Performance a. General Reporting 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(SAM)that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System(FAPIIS)) about civil,criminal,or administrative 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. b. Proceedings About Which The Recipient Must Report The recipient must submit the information required about each proceeding that: i.• Is in connection with the award or performance of a grant,cooperative agreement,or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five year period;and iii. Is one of the following: 1) A criminal proceeding that resulted in a conviction,as defined in paragraph e.of this award term 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 term and condition,that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement,restitution,or damages in excess of$100,000;or 4) Any other criminal,civil,or administrative proceeding if: a) It could have led to an outcome described in paragraph b.iii. 1),2),or 3)of this award term and condition; 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 laws and regulations. c. Reporting 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. August 2017 Page 30 The recipient does not need to submit the information a second time under assistance awards that the recipient received if they already provided the information through SAM because they were required to do so under Federal procurement contracts that they were awarded. d. Reporting Frequency During any period of time when the recipient is subject to the requirement in paragraph) of this award term 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 affirm that there is new information to report.Recipients that have Federal contract,grant,and cooperative agreement awards with a cumulative total value greater than$10,000,000 must disclose semiannually any information about the criminal,civil,and administrative proceedings. e. Definitions For purposes of this award term and condition: i. Administrative proceeding means a non-judicial process that is adjudicatory 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 Armed Services Board of Contract Appeals proceedings).This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant.It does not include audits,site visits,corrective plans,or inspection of deliverables. ii. Conviction,for purposes of this award term and condition,means a judgment or conviction of a criminal offense by any court of competent jurisdiction,whether entered upon a verdict or a plea,and includes a conviction entered upon a plea of nob contendere. iii. Total value of currently active grants,cooperative agreements,and procurement contracts includes- 1) Only the Federal share of the funding under any Federal award with a recipient cost share or match;and 2) The value of all expected funding increments under a Federal award and options,even if not yet exercised. • 13. Publications and Sianaae Any publications(except scientific articles or papers appearing in scientific,technical,or professional journals)or signage produced with funds from this Award,or informing the public about the activities funded in whole or in part by this Award,must clearly display the following language:"This project was paid for[in part]with federal funding from the Department of the Treasury under the Resources and Ecosystems Sustainability,Tourist Opportunities,and Revived Economies of the Gulf Coast States Act of 2012(RESTORE Act)." Publications(except scientific articles or papers appearing in scientific,technical, or professional journals)produced with funds from this Award must display the following additional language:"The statements,findings,conclusions,and recommendations are those of the author(s)and do not necessarily reflect the views of the Department of the Treasury." August2017 Page 31 14. }lomelandSecurityPresidential Directive 1a 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 must 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' (USCIS)Verification Division,a component of the Department of Homeland Security (DHS),to ensure the individual is in a lawful immigration status and that he or she is eligible for employment within the United States.Any items or services delivered under this Award must comply with Treasury personal identity verification procedures that implement Homeland Security Presidential Directive 12,"Policy for a Common Identification Standard for Federal Employees and Contractors",FIPS PUB 201, as amended,and OMB Memorandum M-05-24,as amended.The recipient must ensure that its subrecipients and contractors(at all tiers)performing work under this Award comply with the requirements contained in this Section V.14.Treasury may delay final payment under this Award if the subrecipient or contractor fails to comply with the requirements listed in the section below.The recipient must insert the following term in all subawards and contracts when the subrecipient 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 subrecipient or contractor must comply with Treasury personal identity verification procedures identified in the subaward or contract that implement Homeland Security Presidential Directive 12(HSPD-12),Office of Management and Budget(OMB)Guidance M-05-24,as amended,and Federal Information Processing Standards Publication, FIPS PUB 140-2,as amended,for all employees under this subaward or contract who require routine physical access to a federally controlled facility or routine access to a federally controlled information system. b. The subrecipient or contractor must account for all forms of government-provided Identification issued to the subrecipient or contractor employees in connection with performance under this subaward or contract.The subrecipient or contractor must return such identification to the issuing agency at the earliest of any,of the following,unless otherwise determined by Treasury: i. When no longer needed for subaward or contract performance; ii. Upon completion of the subrecipient or contractor employee's employment;or iii. Upon subaward or contract completion or termination. 15. Foreian Travel 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.§§301-10.131-301-10.143. c. The Fly America Act requires that federal travelers and others performing U.S. Government-financed air travel must use U.S.flag air carriers,to the extent that service by such carriers is available.Foreign air carriers may be used only in specific instances, such as when a U.S.flag air carrier is unavailable, or use of U.S.flag air carrier service will not accomplish the agency's mission. August 2017 Page 32 d. One exception to the requirement to fly U.S.flag carriers is transportation provided under a bilateral or multilateral air transport agreement,to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act pursuant to 49 U.S.C.§40118(b).The United States Government has entered into bilateral/multilateral"Open Skies Agreements"(U.S.Government Procured Transportation)that allow federal funded transportation services for travel and cargo movements to use foreign air carriers under certain circumstances.There are multiple"Open Skies Agreements"currently in effect.For more information about the current bilateral and multilateral agreements,visit the GSA website http:/hew.asa.gov/portal/content/103191.Information on the Open Skies agreements(U.S.Government Procured Transportation)and other specific country agreements may be accessed via the Department of State's website http://www.state.aov/e/eeb/tra/. 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 provided by 41 C.F.R.§301-10.142,which requires the recipient to provide Treasury with the following: name;dates of travel;origin and destination of travel;detailed itinerary of travel;name of the air carrier and flight number for each leg of the trip;and a statement explaining why the recipient meets one of the exceptions to the regulations.If the use of a foreign air carrier is pursuant to a bilateral agreement,the recipient must 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 determination and notify the recipient in writing.Failure to adhere to the provisions of the Fly America Act will result in the recipient not being reimbursed for any transportation costs for which the recipient improperly used a foreign air carrier. 16. Ecoort Control 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 items subject to export control(export-controlled items)under the Export Administration Regulations(EAR)issued by the Department of Commerce (DOC).The recipient is responsible for compliance with all applicable laws and regulations regarding export-controlled items,including the EAR's deemed exports and re-exports provisions.The recipient shall establish and maintain effective export compliance procedures throughout performance of the Award.At a minimum,these export compliance procedures must include adequate controls of physical,verbal,visual,and electronic access to export-controlled items, including by foreign nationals. c. Definitions: i. Export-controlled items.Items(commodities,software,or technology), that are subject to the EAR(15 C.F.R.§§730-774), implemented by the DOC's Bureau of Industry and Security.These are generally known as"dual-use"items,items with a military and commercial application. ii. Deemed Export/Re-export.The EAR defines a deemed export as a release of export-controlled items(specifically,technology or source code)to a foreign national in the U.S.Such release is"deemed"to be an export to the home country of the foreign national. 15 C.F.R.§ August 2017 Page 33 734.2(b)(2)(ii).A release may take the form of visual inspection,oral exchange of information,or the application 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 items are restricted,or licensed,as required by applicable federal statutes, EOs,and/or regulations,including the EAR. e. To the extent the recipient wishes to provide foreign nationals with access to export-controlled items,the recipient shall be responsible for obtaining any necessary licenses,including licenses required under the EAR for deemed exports or deemed re-exports. f. 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.15 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 munitions items subject to the International Traffic in Arms Regulations(ITAR)(22 C.F.R.§§ 120-130),including releases of such items to foreign nationals. h. The recipient shall include this clause, including this paragraph (i), in all lower tier transactions(subawards, contracts,and subcontracts) under this Award that may involve access to export-controlled items. SUPPLEMENTAL STANDARD TERMS AND CONDITIONS-AWARDS UNDER THE DIRECT COMPONENT FOR ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY W ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY 1. Compliance with State.Local and Federal Reauirements 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 contractors 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 event. 2. Ilibi 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. August 2017 Page 34 • 3. permitting Requirement - Prior to receiving Treasury authorization to start construction,the recipient must furnish evidence,satisfactory to Treasury,that recipient has received all federal,state and local permits necessary for the completion of the project. 4. Federal Interest in Real Property "Federal interest"refers to real property that is acquired or improved,in whole or in part, with RESTORE Act Direct Component funds,which must be held in trust by the Recipient for the benefit of the project for the Estimated Useful Life of the project,during which period Treasury retains an undivided equitable reversionary interest in the real property(i.e.,the"federal interest"). - 5. Estimated Useful Life Property that is acquired or improved, in whole or in part,with federal assistance is held in trust by the recipient for the purpose(s)for which the award was made for the Estimated Useful Life. Estimated Useful Life means the period of years that constitutes the expected useful lifespan of a project,as determined by Treasury,during which Treasury anticipates obtaining the benefits of the project pursuant to project purposes authorized by the RESTORE Act For this award the recipient has proposed an Estimated Useful Life from the date of construction completion.Treasury's issuance of the grant agreement represents its concurrence with the recipient's proposed Estimated Useful Life. The recipient's obligation to the federal government continues for the Estimated Useful Life of the project,as determined by Treasury, during which Treasury retains an undivided equitable reversionary interest(the"federal interest")in the property improved, in whole or in part,with the Treasury investment. If Treasury determines that the recipient has failed 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 connection with the federal interest does not constitute a waiver thereof. 6. Commencement of Construction The recipient should not commence construction prior 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 least 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 with the scope of the project and all terms and conditions of this award,and all necessary permits have been obtained,and the federal interest is secure.No construction funds may be drawn from ASAP without 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. 7. Use of Real Pronerty Encumbering real 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 Page 35 award. See 2 C.F.R. §200.316. Real property or interest in real property may not be 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 maintain facilities constructed or renovated with grant funds in a manner consistent with the purposes for which the funds were provided for the duration of the Estimated Useful Life. In the event that the real property or interest in real property is no longer needed for the originally authorized purpose,the recipient must obtain disposition instructions from Treasury consistent with 2 C.F.R.§200.311. 8. Recording the Federal interest in the Real Property To document the federal interest,the recipient agrees to prepare and properly record a "Covenant of Purpose,Use and Ownership"(Covenant), or,where a subrecipient is the title owner,to ensure that the subrecipient 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 lien 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 time.Rather, pursuant to the Covenant,the recipient and/or the subrecipient,as applicable,acknowledges that it holds title to the real property in trust for the public purposes of the financial assistance award and agrees, among other commitments,that it will repay the federal interest if 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 form and substance to Treasury,must include the name and current address of the recipient and subrecipient(if applicable), the grant award number,amount and date of award and subrecipient agreement(if 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 otherwise 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 partyt"or any other action the recipient/subrecipient takes without the written permission of Treasury. b. The recipient agrees to provide to Treasury an attomey's 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 Treasury retains an undivided equitable reversionary interest in the real property to the extent of its participation in the project for which funds have been awarded. 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. August 2017 Page 36 e. The Federal Interest must be perfected and recorded/filed in accordance with state and/or local law concurrent with the acquisition of the real property,where an award includes real property acquisition, and for construction 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 Life of the project is ended,the federal interest is extinguished and the federal government has no further interest in the real property. 9. Administration.Oneration and Maintenance The recipient agrees to administer,operate,and maintain the project for its Estimated Useful Life in the same manner in which it operates and maintains similar facilities and equipment owned by it,and in accordance with state and local standards,laws and regulations. The recipient must not be in breach of its obligations under this award except to the extent the failure to fulfill any obligation is due to an Uncontrollable Force. "Uncontrollable Force"means 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,diligence and foresight,such recipient was unable to avoid. Uncontrollable Forces include, but are not limited to: a. Strikes or work stoppage; b.. Floods,earthquakes,or other natural disasters;terrorist acts;and c. Final orders or injunctions issued by a court_or regulatory body having competent subject matter jurisdiction which the recipient,claiming the Uncontrollable Force, after diligent efforts,was unable to have stayed,suspended,or set aside pending review by a court of competent subject matter jurisdiction.Neither the unavailability of funds or financing,nor conditions of national or local economies or markets must be considered an Uncontrollable Force. 10. ftenorting Reouirement The recipient must complete and submit to Treasury a report on the status of the real property or interest in real property in which the federal government retains an interest, using a SF-429 Real Property Status Report form annually for the first three years of a federal award and thereafter every five years until the end of the Estimated Useful Life 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 due no later than 30 days following the end of the reporting period. 11. Jnsuranc@ The recipient must,at a minimum,provide the equivalent insurance coverage for real property improved with federal funds as provided to property owned by the recipient state,county or parish;.in compliance with 2 C.F.R.§200.310. 12. $onding a. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold,the recipient or pass-through entity may request in writing that Treasury accept its bonding policy and requirements. If Treasury August 2017 Page 37 • determines that the federal interest in the project is adequately protected,the recipient or pass-through entity need not comply with the following three bonding requirements. For all other recipients and pass-through entities,the minimum requirements for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold are as follows:,A bid guarantee from each bidder equivalent to five percent of the bid price.The "bid guarantee°must consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder will,upon acceptance of the bid,execute such contractual instruments as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent of the contract price.A"performance bond"is one executed in connection with a contract to secure fulfillment of all the contractor's 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 in 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 contract 13. Ftoodolain Reauirements In accordance with 44 C.F.R.Part 9,prior to Treasury's authorization to commence construction in a designated 100-year floodplain,the recipient must provide evidence satisfactory to Treasury of a Floodplain Notice,that the 30-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 functions of a designated 100- year floodplain has expired and that identified concerns(if any)have been addressed to Treasury's satisfaction.This notice may be satisfied through a federal/state environmental assessment process used as the vehicle for public notice,involvement, and explanation per 44 C.F.R. §9.8(2). In addition,prior to Treasury's authorization to commence construction of structures and/or buildings within a designated 100-year floodplain,the recipient must provide evidence satisfactory to Treasury of the following: a. Floodplain Protection: That the project engineer/architect has certified that the project facility will 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. b. Floodplain Insurance: That the community is participating in the National Flood Insurance Program,and that as required,the recipient will purchase flood insurance. 14. Goals for Women and Minorities in Construction Department of Labor regulations set forth in 41 C.F.R.§60-4 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. §60-4 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 41 C.F.R. §60-4. • August2017 Page 38 a. The goal for participation of women in each trade area must be as follows: From April 1, 1981,until further notice:6.9 percent; b. All 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.§ 60-4.6,or any successor regulations,must hereafter be incorporated by reference into these Special Award Conditions;and, c. Goals for minority participation must be as prescribed by Appendix B-80, Federal Register,Volume 45, No. 194,October 3, 1980,or subsequent publications. The recipient must include the"Standard Federal Equal Employment Opportunity Construction Contract Specifications"(or cause them to be included,if appropriate)in all federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 C.F.R.§60-6. 15. Contracting with small and minority businesses,women's business enterprise,and labor surplus area firms The recipient must take all necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses,and women'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 women's business enterprises; d. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; e. 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 Commerce;and, f. Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed in(a)—(e)of this paragraph. 16. Davis Bacon Act.as amended(40 U.S.C.4j 141-314811 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§ 1292; 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 construction contracts in excess of$2,000 awarded by the non-Federal entity must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.§§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations(29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally _ Financed and Assisted Construction"). In accordance with the statute,contractors must August 2017 Page 39 be required to pay wages to laborers and mechanics at a rate not less than the 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 in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage 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(40 U.S.C.§3145),as supplemented by Department of Labor regulations(29 C.F.R. Part 3,"Contracts and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be 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 or which he or she is otherwise entitled.The non-federal entity must report all suspected or reported violations to Treasury. • 17. Equal Opportunity Clause Pursuant to 41 C.F.R.§60-1.4(b), Federally assisted construction contracts,for construction which is not exempt from the requirements of the equal opportunity clause, 41 C.F.R,Part 60-1—Obligations of Contractors and Subcontractors,[t]he[recipient] hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defined in the regulations of the Secretary of Labor at 41 C.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,loan,insurance,or guarantee,the following equal opportunityclause: 41 C.P.R.§60-1.4 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,sex,sexual orientation,gender identity, or 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 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 employee or applicant. This pmvision shall not apply to instances in which August 2017 Page 40 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 information, unless such disclosure is in response to a formal complaint or charge, in 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 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 contractor's commitments under this section, and shall 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 September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, 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 for purposes 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 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(1)through(8)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 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 noncompliance: 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. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:Provided, That if the applicant so participating is a State 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. August 2017 = Page 41 The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,that it will 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 any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as maybe imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part!!, Subpart D of the Executive Order. in addition,the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:Cancel, terminate, or suspend in whole or in part this grant(contract,loan, 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. 18. Reyisad ADA Standards for Accessible Design for Construction Awartlg The U.S.Department of Justice has issued revised regulations implementing Title II of the ADA(28 C.F.R. Part 35)and Title III of the ADA(28 C.F.R. Part 36).The revised regulations adopted new enforceable accessibility standards called the"2010 ADA Standards for Accessible Design"(2010 Standards).The 2010 Standards are an acceptable alternative to the Uniform Federal Accessibility Standards(UFAS).Treasury deems compliance with the 2010 Standards to be an acceptable means of complying with the Section 504 accessibility requirements for new construction and alteration projects. All new construction and alteration projects must comply with the 2010 Standards. August 2017 Page 42 �. NATUCON-10 LVIDAL ,a►CORL CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) kiiii.------ 07/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0C36861 CONTACT Kelly Mitchum Chantilly-Alliant Ins Svc Inc. PHONE I FAX 4530 Walney Rd Ste 200 (A/C,No,Est): (NC,No): Chantilly,VA 20151-2285 E-MAIL KMitchum@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Great Northern Insurance Company 20303 INSURED INSURERB:Federal Insurance Company 20281 The Nature Conservancy INSURER c Attn:John Dwelley 4245 North Fairfax Dr-#100 INSURER D: __ Arlington,VA 22203-1606 INSURER E: . INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD,WVD ,(MM/DDIYYYY► (MM/DD/YYYY► A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X PRE 35353977 07/01/2019 07/01/2020 DAMMISESAGE TO(Ea RENTEDoccurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 52 LOC PRODUCTS-COMP/OPAGG $ Included OTHER: $ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO — X 73246135 07/01/2019 07/01/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSR ONLY AUTOSNNpp BODILY� INJURY(Per accident) $ X AUTOS ONLY X AIMS ONLY (Perr accidentDAMAGE $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE X 79729278 07/01/2019 07/01/2020 AGGREGATE $ 5,000,000 DED RETENTION$ _ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTEE ER ANYF PROPRIIETOORR/PXCLUDE/EXECUTIVE Y/N N/A APP�Y Fl MANAGEMENT E.L.EACH ACCIDENT $ ((Mandatory In NH)EXCLUDED? \mot(-/it' If yes,describe under BY I �� E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below tom/ _aE.L.DISEASE-POLICY LIMIT $ DATE ja WAIVER Nlf YES_ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101 Additional Remarks Schedule,may be attached If more space Is required) Grant#RDCGR170068=Subaward Agreement between The Nature Conservancy and Monroe County,pFlorida pertaining to the direct component portion of The Restore Act Trust Fund Monies. Monroe County,Florida is included as additional insured on all policies except for Workers Compensation with respect to the above referenced issued 07/19/2019. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County, • THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Monroe County Risk Manager 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Accm a CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: 1050 CONNECTICUT AVENUE,SUITE 700 (NHC, o,Ext): (A/C,No): WASHINGTON,DC 20036-5386 E-MAIL Attn:DC.Certs@marsh.com or Fax to 212-948-0503 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102450755-Stnd-WC-19-20 INSURER A:New Hampshire Insurance Company 23841 INSURED INSURER B: THE NATURE CONSERVANCY ATTN:MS.SHERRIE LUSKEY INSURER C: 4245 NORTH FAIRFAX DRIVE INSURER D SUITE 100 ARLINGTON,VA 22203 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006461786-01 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: 13 E3Y AIgtI(MANAGE GENERAL AGGREGATE $ LOC PRODUCTS-COMP/OP AGG S PRO- POLICY JECT YY LL{{1J� W Y OTHER: BY t �i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT �A (Ea accident) ANY AUTO WAIVER 1a/ YE BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) _ S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS _ $ A WORKERS COMPENSATION WC014022183 (AOS) 07/01/2019 07/01/2020 X PER oTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N ADDITIONAL POLICIES E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A ARE ON PAGE 2 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:Grant#RDCGR170068=Subaward Agreement between The Nature Conservancy and Monroe County,Florida pertaining to the direct component portion of The Restore Act Trust Fund Monies. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102450755 LOC#: Washington A ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. THE NATURE CONSERVANCY ATTN:MS.SHERRIE LUSKEY POLICY NUMBER 4245 NORTH FAIRFAX DRIVE SUITE 100 ARLINGTON,VA 22203 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance • ADDITIONAL WORKERS COMPENSATION POLICIES: INSURER AFFORDING COVERAGE:American Home Assurance Company NAIC#19380 EFFECTIVE DATE:07/01/2019 EXPIRATION DATE:07/01/2020 Policy Number.WC014022181 State:CA INSURER AFFORDING COVERAGE:Illinois National Insurance Company NAIC#23817 EFFECTIVE DATE:07/01/2019 EXPIRATION DATE:07/01/2020 Policy Number:WC 014022180 State:FL INSURER AFFORDING COVERAGE:New Hampshire Insurance Company NAIC#23841 EFFECTIVE DATE:07/01/2019 EXPIRATION DATE:07/01/2020 Policy Number:WC 014022179 States:MA,ND,OH,WA,WI,WY INSURER AFFORDING COVERAGE:New Hampshire Insurance Company NAIC#23841 EFFECTIVE DATE:07/01/2019 EXPIRATION DATE:07/01/2020 Policy Number:WC 014022182 State:NJ INSURER AFFORDING COVERAGE:New Hampshire Insurance Company NAIC#23841 EFFECTIVE DATE:07/01/2019 EXPIRATION DATE:07/01/2020 Policy Number:WC 014022184 States:AK,AZ,VA INSURER AFFORDING COVERAGE:New Hampshire Insurance Company NAIC#23841 EFFECTIVE DATE:07/01/2019 EXPIRATION DATE:07/01/2020 Policy Number:WC 014022185 States:IL,KY,NC,NH,UT,VT ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD