NOA Letter F18AC00716.doc

U.S. Fish and Wildlife Service

FBMS Project Charter

United States Department of the Interior

FISH AND WILDLIFE SERVICE

1875 Century Boulevard Atlanta, GA. 30345 In Reply Refer To:

FWS/R4/BA/CGS

September 21, 2018 Dr. Israel Parker Texas A & M University Natural Resources Institute College Station, TX 77843-2260

DUNS: 847205713

Subject: Notice of Financial Assistance Award F18AC00716 Dear Dr. Parker:

Your organization’s application for Federal assistance titled “Lower Keys Marsh Rabbit Post-Hurricane Assessment and Recovery” submitted to the U.S. Fish and Wildlife Service (Service)’s CFDA Program 15.657 is approved. This award is made under the authority of the Endangered Species Act of 1973, as amended in 1998 (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.). For a complete list of this program’s authorizing legislation, go to https://www.cfda.gov/ and search by the CFDA Program number. This partial award is made based on Service approval of your organization’s proposal submitted April 30, 2018, hereby incorporated by reference into this award. Partial funds under this award are to be used to conduct post-hurricane surveys the Lower Keys marsh rabbit (LKMR; Sylvilagus palustris hefneri) and its habitat.

Project Period The project period of this award begins on October 1, 2018 and runs through March 31, 2020. Only allowable costs resulting from obligations incurred during the project may be charged to this award. All obligations incurred under the award must be liquidated no later than 90 calendar days after the end of the project period. You must submit a written request to the Service Project Officer identified in the Project Contacts section below before the end of the stated project period if you need more time to liquidate all obligations.

The Service will revise this award over time to add new funding for each subsequent project segment. Each project segment will be assigned a specific funding period, during which only allowable costs resulting from obligations incurred during the specified funding period may be charged to this award. All obligations incurred during a funding period must be liquidated no later than 90 calendar days of the funding period end date. You must submit a written request to the Service Project Officer before the end of the stated period if you need more time to liquidate all obligations.

The Service's obligation to provide incremental funding up to the total anticipated award amount is contingent on: 1) satisfactory Recipient performance and 2) the availability of funds. No legal liability on the part of the Service exists unless and until the Service obligates funds and notifies the Recipient in writing that funds are available for the purposes of this award.

This award is funded as follows:

Total Expenses

60,000.00

Total

$60,000.00 Indirect Costs: Indirect costs under this award are approved on the condition that the Recipient will submit an indirect cost rate proposal to their cognizant agency immediately after the award is made and no later than 90 calendar days past the award performance period start date. The Recipient is not authorized to charge indirect costs under this award until the Recipient has received, and provided a copy to the Service Project Officer, an approved Negotiated Indirect Cost Rate Agreement (NICRA) from the Federal government. In the event the Recipient fails to establish an approved rate before the end of the award performance period, the Service may either: 1) deobligate the Federal amount budgeted for indirect costs and, if not otherwise prohibited by legislation or regulation, allow the Recipient to use costs otherwise allocable as indirect costs to satisfy cost-sharing or matching requirements; or 2) allow the Recipient to transfer the amount otherwise allocable as indirect costs to direct costs. Service approval of such budget changes will depend on the particular award circumstance. Indirect costs otherwise allocable to this award may not be shifted to another Federal award unless specifically authorized by legislation.

If the Recipient has submitted an indirect cost rate proposal to the cognizant agency within the required timeframe but the cognizant agency has delayed approval of the proposal, the Recipient must provide to the Service Project Officer a copy of the submitted proposal, the name of the cognizant agency, and evidence of the proposal submission date in the form of either a copy of an emailed submission or written confirmation of the proposal receipt date from the cognizant agency. The Service may, upon review of the documentation and consultation with the cognizant agency, give written approval to the Recipient to charge indirect costs at their proposed rate until their proposal is approved. Service approval to charge indirect costs based on a proposed rate will depend on the circumstance; the Service will not approve a Recipient to charge indirect costs based on a proposed rate if rate approval delays are due to the Recipient having submitted a late, incomplete or inaccurate proposal. The Recipient must receive written prior approval from the Service before charging indirect costs based on a proposed rate. The award may be subject to further revision if the approved rate is higher or lower than the proposed rate.

System for Award Management (SAM) Registration: Under the terms and conditions of this award, your organization must maintain an active SAM registration at https://www.sam.gov/portal/public/SAM/ until the final financial report is submitted or final payment is received, whichever is later. If your organization’s SAM registration expires during the required period, the Service will suspend payment under this and all other Service awards to your organization until you update your organization’s SAM registration.

Terms of Acceptance:

Acceptance of a financial assistance award (i.e., grant or cooperative agreement) from the Service carries with it the responsibility to be aware of and comply with the terms and conditions applicable to the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to and approved by the Service. Awards are subject to the terms and conditions incorporated into the notice of award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. The terms and conditions of Service awards flow down to subrecipients and contractors, unless a particular award term or condition specifically indicates otherwise. The Federal regulations applicable to Service recipients and their subrecipients and contractors are listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the Internet at http://www.fws.gov/grants/. If you do not have access to the Internet and require a printed copy of the award terms and conditions, contact the Service Project Officer identified below.

Payments:

Your organization has completed enrollment in U.S. Treasury’s Automated Standard Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in the subject line on letter followed by a percent sign (%). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP.

Reporting Requirements:

Financial and Performance Reporting Requirements:

Annual interim financial and performance reports and final financial and performance reports are required under this award. The report periods and due dates under this award are:

Recipients must use the Standard Form (SF) 425, Federal Financial Report form for all financial reporting. This form is available at http://www.whitehouse.gov/omb/grants_forms/.

Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number provided in the subject line of this letter on all reports.

Financial and performance reporting due dates may be extended by the Service upon receipt of a written request addressed to the Service Project Officer identifying the type of report to be extended, the requested revised due date, and a justification for the extension. The Service Project Officer may approve an additional extension if justified by a catastrophe that significantly impairs the Recipient’s operations. Requests for reporting due date extensions must be received by the Service Project Officer no later than one day before the original reporting due date.

Significant Developments Reports (see 2 CFR 200.328(d)):

Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, notify the Service Project Officer in writing as soon as the following types of conditions become known:

· Problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation.

· Favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned.

Conflict of Interest Disclosures:

Recipients are responsible for notifying the Service Project Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Recipient, the Recipient’s employees, or the Recipient’s subrecipients in a position of conflict, real or apparent, between their responsibilities under this award and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient, the Recipient’s employees, or the Recipient’s subrecipients in the matter. Upon receipt of such a notice, the Service Project Officer in consultation with their Ethics Counselor will determine if a conflict of interest exists and, if so, if there are any possible actions to be taken by the Recipient, the Recipient’s employee(s), or the Recipient’s subrecipient(s) that could reduce or resolve the conflict. Failure to resolve conflicts of interest in a manner that satisfies the Service may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including termination of this award.

Other Mandatory Disclosures:

Recipients and their subrecipients must disclose, in a timely manner, in writing to the Service or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this award. Non-Federal entities that have received a Federal award including the term and condition outlined in 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338, Remedies for noncompliance, including suspension or debarment (See 2 CFR 200.113, 2 CFR Part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313).

Send all required reports to the Service Project Officer, identified below.

Project/Program Plan and Budget Revisions:

Recipients are required to report deviations from budget or project scope or objective, and request prior approvals for budget and program plan revisions in accordance with 2 CFR 200.308 unless otherwise specifically waived in this award.

Period of Performance Extensions:

If additional time is needed to complete the approved project, you must send written notice to the Service Project Officer. This notice must be received by the Service Project Officer at least 30 calendar days before the authorized performance period end date, and must include supporting reasons and revised end date.

Project Contacts:

Sandra Sneckenberger Endangered Species Recovery Biologist U.S. Fish and Wildlife Service

1339 20th Street, Vero Beach, Florida 32960 Phone: 772-469-4321 Email: Sandra_Sneckenberger@fws.gov

Dr. Israel Parker

Texas A & M University

Natural Resources Institute

College Station, TX 77843-2260

Phone: 979-739-0679 Email: Israel.parker@ag.tamu.edu

Contact Sandra Sneckenberger with any questions and include the Service award number provided in the subject line of this letter in all written communications.

Sincerely, Grant Management Specialist

U.S. Fish and Wildlife Service

Contracting & Grant Services Division

Phone: (404) 679-4066

Fax: (404) 679-4057

E-mail: kerri_heywood@fws.gov