Grant_Extension_4RDCGR250060-01-01.pdf

11. APPROVED BUDGET (Excludes Direct Assistance) I Financial Assistance from the Federal Awarding Agency Only

II Total project costs including grant funds and all other financial participation a.

b.

c.

d.

e.

f.

g.

h.

i.

j.

k.

Salaries and Wages

Fringe Benefits

Total Personnel Costs

Equipment

Supplies

Travel

Construction

Other

Contractual

12. AWARD COMPUTATION

a. Amount of Federal Financial Assistance (from item 11m)

b. Less Unobligated Balance From Prior Budget Periods

c. Less Cumulative Prior Award(s) This Budget Period

d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION

13. Total Federal Funds Awarded to Date for Project Period

14. RECOMMENDED FUTURE SUPPORT

(Subject to the availability of funds and satisfactory progress of the project):

15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING

ALTERNATIVES:

TOTAL DIRECT COSTS

a.

b.

c.

d.

e.

DEDUCTION

ADDITIONAL COSTS

MATCHING

OTHER RESEARCH (Add / Deduct Option) OTHER (See REMARKS)

INDIRECT COSTS

l. TOTAL APPROVED BUDGET

16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY

OR BY REFERENCE IN THE FOLLOWING:

m.

n.

Federal Share

Non-Federal Share a.

b.

c.

d.

The grant program legislation.

The grant program regulations.

This award notice including terms and conditions, if any, noted below under REMARKS.

Federal administrative requirements, cost principles and audit requirements applicable to this grant.

In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system.

9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR

10a. GRANTEE AUTHORIZING OFFICIAL 10b. FEDERAL PROJECT OFFICER

1. DATE ISSUED MM/DD/YYYY 1a. SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed remain in effect unless specifically rescinded

NOTICE OF AWARD

AUTHORIZATION (Legislation/Regulations)

2. CFDA NO.

3. ASSISTANCE TYPE

4. GRANT NO.

Formerly

5. TYPE OF AWARD

4a. FAIN 5a. ACTION TYPE

6. PROJECT PERIOD

From

MM/DD/YYYY

Through

MM/DD/YYYY

7. BUDGET PERIOD

From

MM/DD/YYYY

Through

MM/DD/YYYY

8. TITLE OF PROJECT (OR PROGRAM)

ALL AMOUNTS ARE SHOWN IN USD

YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS

a.

b.

c.

d.

e.

f.

REMARKS (Other Terms and Conditions Attached - Yes No)

17.OBJ CLASS 18a. VENDOR CODE 18b. EIN 19a. UEI 19b. DUNS 20. CONG. DIST.

FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION

21. a. b. c. d. e.

22. a. b. c. d. e.

23. a. b. c. d. e.

05/11/2022

07/05/2018

U.S. DEPARTMENT OF THE TREASURY

Office of the Fiscal Assistant Secretary

21.015 - Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States

Formula Grant

Office of Gulf Coast Restoration

4 RDCGR250060-01-01

Other

RDCGR250060 Post Award Amendment

1500 Pennsylvania Ave., N.W.

Washington, DC 20220-0001

08/01/2018 07/31/2025

08/01/2018 07/31/2025 Resources and Ecosystems Sustainability, Tourist Opportunities, and

Revived Economies of the Gulf Coast States

Muscogee Nation of Florida Micro Farm Agritourism Project - Project 7

WALTON, COUNTY OF

176 Montgomery Cir Defuniak Springs, FL 32435-4731

Melinda Gates 117 Montgomery Circle Defuniak Springs, FL 32435 Phone: 850-892-8108

Melinda Gates 117 Montgomery Circle Defuniak Springs, FL 32435 Phone: 850-892-8108

Andrew Clark 1500 Pennsylvania Ave., N.W.

Washington, DC 20220-0001 Phone: 202-622-1917

543,840.00

II 0.00

36,244.00 543,840.00

19,519.64 0.00

543,840.00 55,763.64

2 5

0.00

0.00

0.00

290,241.60

4 7

0.00

189,758.40 b 535,763.64

8,076.36

543,840.00

543,840.00

0.00

Approve the amended Notice of Award which extends the award performance period by 48-months, from 08/01/2018 – 07/31/2021 to 08/01/2018 – 07/31/2025.

This award amendment is approved by Maureen Klovers, Authorizing Official. Accepting this award in GrantSolutions.gov constitutes acceptance of this award and the Standard Terms and Conditions and Programmatic Terms and Conditions and Special Award Conditions.

AUTHORIZING OFFICIAL:

410006 5960025991252461 141093455 01

Direct RDCGR250060 RDC $0.00

NLCVQKDNJAS3

Federal Financial Report Cycle

Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date

08/01/2018 09/30/2018 Semi-Annual 10/30/2018

10/01/2018 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

08/01/2021 09/30/2021 Semi-Annual 10/30/2021

04/01/2021 07/31/2021 Final 11/28/2021

10/01/2020 03/31/2021 Semi-Annual 12/01/2021

04/01/2020 09/30/2020 Semi-Annual 12/01/2021

10/01/2021 03/31/2022 Semi-Annual 04/30/2022

04/01/2022 09/30/2022 Semi-Annual 10/30/2022

10/01/2022 03/31/2023 Semi-Annual 04/30/2023

04/01/2023 09/30/2023 Semi-Annual 10/30/2023

10/01/2023 03/31/2024 Semi-Annual 04/30/2024

04/01/2024 09/30/2024 Semi-Annual 10/30/2024

10/01/2024 03/31/2025 Semi-Annual 04/30/2025

04/01/2025 07/31/2025 Final 11/28/2025

RESTORE Act - FUNDING AUTHORIZATION

Available Funds Confirmation

Total Amount of Federal Funds Awarded to Date for Project Period

Line 13 of NoA/Amendment

Amount of Funding Restrictions

Amount of Financial Assistance This Action

Line 12d of NoA/Amendment

Amount Authorized for ASAP Account this Action

Notes

$543,840.00 $0.00 $543,840.00 $543,840.00 Initial Authorization, with Special Award Conditions and an ASAP Maximum Draw Limit of $253,598.40 per SAC 4

$543,840.00 $0.00 $0.00 $0.00 No Cost Time Extension to 07/31/2025

1.

2 of 05/11/2022

4 RDCGR250060-01-01

PAGE DATE ISSUED

GRANT NO.

NOTICE OF AWARD (Continuation Sheet)

RESTORE Act - SPECIAL AWARD CONDITIONS

Special Award Condition 1: Walton 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). Walton 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 Award Condition 2: Prior to its execution, Walton County must submit to Treasury for review a copy of Walton County’s agreement with the Muscogee Nation of Florida, its subrecipient. The subrecipient agreement must include requirements and appropriate monitoring to ensure no Direct Component funds are drawn towards costs reimbursed under other federal awards. (Satisfied December 13, 2018)

Special Award Condition 3: Prior to the execution of the contract for construction, Walton County must submit to Treasury evidence, satisfactory to Treasury, that the associated procurement and contract terms comply with the RESTORE Act Standard Terms and Conditions and Program-Specific Terms and Conditions and the procurements standards in 2 CFR §§ 200.318–200.326. (Satisfied November 19, 2019)

Special Award Condition 4: An ASAP Maximum Draw Limit of $253,598.40 is in place for this award.

The ASAP Maximum Draw Limit allows Walton County to draw funds from ASAP as necessary up to the amount budgeted for the management of the project and sub-award and initial subrecipient costs not associated with construction. Walton County may request removal of the maximum draw limit with its written request to Treasury for permission to commence construction, per Condition 6 of Section W of RESTORE Act Financial Assistance Standard Terms and Conditions and Program-Specific Terms and Conditions, after meeting the requirements of Special Conditions 2 and 3.

Status: Partially satisfied with this action. The ASAP Maximum Draw Limit should be adjusted to $459,894.03. This will allow the grantee access to funds ($206,295.63) to pay for construction of the greenhouse/aquaponics building as proposed in the award scope of work. $83,945.97 remains restricted until Walton County submits a request to commence construction (per above) to complete the raised path construction as proposed in the award scope of work.

Special Award Condition 5: Within 180 days of the project period start date of this award, Walton County must submit to Treasury evidence, satisfactory to Treasury, that Walton County maintains written policies and procedures for:

(1) 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.

(2) Reconciling the SF-425 to supporting financial data, performing management review of the SF-425 report prior to submittal to the Federal awarding agency, and submitting performance reports at the required interval.

(3) Safeguarding personally identifiable information (PII).

1.

3 of 05/11/2022

4 RDCGR250060-01-01

PAGE DATE ISSUED

GRANT NO.

(4) Defining and identifying Allowable Costs as required by 2 CFR § 200.403.

(5) Defining, tracking, or reporting Direct and Indirect Costs as required by 2 CFR §§ 200.403 and 200.412.

(6) Identifying, reporting, and using Earned Program Income as required by 2 CFR § 200.307.

(7) Charging Administrative Costs to each grant as required by 2 CFR § 200.416

(8) Accounting for personnel and fringe benefits as required by 2 CFR §§ 200.430-.431

(9) Maintaining records for employee compensation as required by 2 CFR § 200.430. (Satisfied September 10, 2019)

Standard and Program Specific Terms and Conditions

See attached1.

4 of 05/11/2022

4 RDCGR250060-01-01

PAGE DATE ISSUED

GRANT NO.

AWARD ATTACHMENTS

WALTON, COUNTY OF 4 RDCGR250060-01-01

Amended Scope of Work1.

Standard and Program Specific Terms and Conditions - December 20182.

Project Abstract3.

APPROVED AMENDED

SCOPE OF WORK

The Approved Scope of Work Amendment includes all information provided with the amendment application. The attached documents, taken from the amendment application, provide a summary of the amended scope of work approved with this award.

The attached amendment is an existing grant for the Walton County – Muscogee Nation of Florida

Micro Farm Agritourism. This amendment executes the following suite of actions:

1. Extends the performance period by 48-months to July 31, 2025.

2. The revised milestones for the no-cost extension are shown below. No other changes to the original scope of work.

No. Milestone Description Initial

Estimated

Completion

Date

Revised

Estimated

Completion

Date with this

Amendment

Actual completion date

1 Sign Sub-recipient Agreement 3 6 Dec 2018

2 Start Construction Activities 4 24 Jul 2020

3 End Construction Activities

4 Operation of Facility 32 82

5 Documentation of Success 34 82

6 Grant Close-Out 36 84

Performance Measures: No Change

Measures Baseline Target

1. Number of new tourist opportunities 0 1

ORIGINAL SCOPE OF WORK

PROMOTION OF TOURISM IN THE GULF COAST REGION, INCLUDING RECREATIONAL

FISHING MUSCOGEE NATION OF FLORIDA MICRO FARM AGRITOURISM PROJECT

1. DESCRIPTION OF GOODS/SERVICES PROCURED, OR PROJECT WORKPLAN

Walton County desires to promote tourism opportunities within the Gulf Coast Region, including promotion of recreational fishing. The objective of this project is to provide an agritourism destination, where tourist can learn the history and culture of the Muscogee tribe, learn about micro farming and buy locally grown produce and farm raised fish as well as the tribal artisans will provide a marketplace to sell handmade arts and crafts, including straw baskets, white oak baskets, natural herbal products, and shell artwork.

This project will promote tourism that will benefit the Bruce Community of rural interior Walton

County by increasing agritourism into the relatively unknown area through the creation of a Tribal

Micro Farm that will have locally grown produce and farm raised fish, tribal arts and crafts, and interactive educational opportunities. With the development of the Micro Farm, lands owned by the Muscogee Nation of Florida will be visited by tourist as well as by schools located in the surrounding counties.

2. SCOPE OF SERVICES

The Muscogee Nation of Florida will create an agritourism destination using green house and aquaponics farming techniques for locally raised tilapia, organic vegetables, native blueberries, and bob white quail on seven acres of combined wetlands and farmland. The project site is located at 278 Church Road, Bruce, FL 32455.

Scope of Services for the Sub-Grantee (Muscogee Nation of Florida), will include the following:

Construction Services, Construction of an Aquaponic Facility, Construction of a 2000 Linear foot

Walking Path in addition to existing path, Contractual Services, Aquaponics Engineer, Part-time

Manager, Part-time Market Specialist, Part-time Farm Assistant, Part-time Farm Assistant

Please that staff time will be required before, during, and after construction of the subject project.

It should be noted that the Muscogee Nation of Florida will be required to obtain all required

Federal, State, and Local permits prior to start of any construction activities.

RESTORE ACT

FINANCIAL ASSISTANCE STANDARD TERMS

AND CONDITIONS AND PROGRAM-SPECIFIC

TERMS AND CONDITIONS

U.S. Department of the Treasury

December 2018

TABLE OF CONTENTS

RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM-

SPECIFIC TERMS AND CONDITIONS

A PROGRAM-SPECIFIC TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT

COMPONENT

B PROGRAM-SPECIFIC TERMS AND CONDITIONS - AWARDS UNDER THE CENTERS OF

EXCELLENCE RESEARCH GRANTS PROGRAM

STANDARD TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT COMPONENT AND

AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM

C FINANCIAL REQUIREMENTS

D RECIPIENT REPORTING AND AUDIT REQUIREMENTS

E FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROL REQUIREMENTS

F RECORDS RETENTION REQUIREMENTS

G THE FEDERAL GOVERNMENT’S RIGHT TO INSPECT, AUDIT, AND INVESTIGATE

H AWARD DISBURSEMENT

I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY

OF TREASURY PERSONNEL

J NOTIFICATIONS AND PRIOR APPROVALS

K PROPERTY

L AMENDMENTS AND CLOSEOUT

M REMEDIES FOR NONCOMPLIANCE

N DEBTS

O NON-DISCRIMINATION REQUIREMENTS

P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF SUBRECIPIENTS,

CONTRACTORS, SUBCONTRACTORS AND VENDORS

Q DRUG FREE WORKPLACE

R LOBBYING RESTRICTIONS

S PROCUREMENT

T RESEARCH INVOLVING HUMAN SUBJECTS

U ENVIRONMENTAL REQUIREMENTS

V MISCELLANEOUS REQUIREMENTS AND PROVISIONS

SUPPLEMENTAL STANDARD TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT

COMPONENT FOR ACQUISTION AND IMPROVEMENTS TO REAL PROPERTY

W ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY

December 2018 Page 1

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, EOs, 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 and Conditions 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.

December 2018 Page 2

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. Administrative 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 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.

December 2018 Page 3

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 Costs

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;

ii. 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 Reports

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.

December 2018 Page 4

STANDARD TERMS AND CONDITIONS

AWARDS UNDER THE DIRECT COMPONENT AND THE CENTERS OF EXCELLENCE RESEARCH

GRANTS PROGRAM

C FINANCIAL REQUIREMENTS

1. Applicable 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. Governmentwide Debarment and Suspension, 31 C.F.R. Part 19.

d. Governmentwide 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. Scope 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. Period 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).

December 2018 Page 5

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 Income

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 of the Award 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. Incurring Costs or Obligating Federal Funds Beyond the Expiration Date

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.

December 2018 Page 6

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 which includes a budget by federal object class categories or fixed amount (2 CFR 200.332) if approved by Treasury. 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 through a legally binding written agreement, 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.

December 2018 Page 7

D RECIPIENT REPORTING AND AUDIT REQUIREMENTS

1. Financial Reports

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 federal budget class category the use of all funds received by the recipient and subrecipient (if applicable).

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 Reports

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://www.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 by the recipient and any subrecipients (if applicable);

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 or any subrecipient is authorized to make

December 2018 Page 8 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 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. If the scope of work is not on schedule, the recipient should propose a revised schedule and update its milestone report.

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(s) submitted an audit to the recipient, and if so, whether the recipient issued a management decision on any findings;

and

3) For awards where Davis-Bacon Act provisions are applicable, indicate whether the recipient and/or subrecipient(s) received and reviewed certified weekly payroll records and/or whether the recipient or subrecipient(s) conducted labor interviews.

4) Describe any other activities or relevant information not already provided.

f) 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. Interim Reporting on Significant Developments per 2 C.F. R. § 200.328(d)

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

December 2018 Page 9 become known:

i. 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.

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.

iii. 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 Requirements

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@treasury.gov, unless otherwise specified in writing by Treasury. The form may be downloaded at Direct Component OSA or Centers of Excellence OSA.

E 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 well as reporting on subawards, if applicable, and any additional reports required by any Special Award Conditions;

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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 Terms 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.

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 (PII) 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:

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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;

b. Copies of all subawards and all documents related to a subaward. For competitively selected subawards, documents may include those relevant to and required by the recipient’s or subrecipient’s selection process such as 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

December 2018 Page 12 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).

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 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.

H 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…