NOA_Pre_Acceptance_Little_Sabine_Bay_-Amend_1.pdf

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

$2,000,000.00

b. Less Unobligated Balance From Prior Budget Periods $0.00

c. Less Cumulative Prior Award(s) This Budget Period $2,000,000.00

d. AMOUNT OF FINANCIAL ASSISTANCE THIS

ACTION $0.00

13. Total Federal Funds Awarded to Date for Project Period

$2,000,000.00

14. RECOMMENDED FUTURE SUPPORT

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

YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS

a. 2 d.5

b. 3 e.6

c. 4 f.7

15. PROGRAM INCOME SHALL BE USED IN

ACCORD WITH ONE OF THE FOLLOWING

ALTERNATIVES:

a. DECUCTION

b. ADDITIONAL COSTS

c. MATCHING

d. OTHER RESEARCH (Add/Deduct

Option)

e. OTHER(See REMARKS)

b. Additional Costs

I. Financial Assistance from the Federal Awarding Agency Only II. Total project costs including grant funds and all other financial participation

I

a. Salaries and Wages .................................................. $50,388.00

b. Fringe Benefits .................................................. $17,635.80

c. TOTAL PERSONNEL

COSTS

.................................................. $68,023.80

d. Equipment .................................................. $0.00

e. Supplies .................................................. $0.00

f. Travel .................................................. $0.00

g. Construction .................................................. $0.00

h. Other .................................................. $0.00

i. Contractual .................................................. $1,931,976.20

j. TOTAL DIRECT

COSTS

.................................................. $2,000,000.00

k. INDIRECT COSTS .................................................. $0.00

l. TOTAL APPROVED

BUDGET

.................................................. $2,000,000.00

m. Federal Share .................................................. $2,000,000.00

n. Non-Federal Share .................................................. $0.00

U.S. DEPARTMENT OF THE TREASURY

Office of Recovery Programs

Office of Gulf Coast Restoration

1500 Pennsylvania Ave., N.W.

Washington, DC 20220-0001

NOTICE OF AWARD

AUTHORIZATION (Legislation/Regulations) Resources and Ecosystems Sustainability, Tourist Opportunities, and

Revived Economies of the Gulf Coast States

1. DATE ISSUED MM/DD/YYYY

11/14/2024

1a. SUPERSEDES AWARD NOTICE dated 3/10/2023 except that any additions or restrictions previously imposed remain in effect unless specifically rescinded

21.015 - Resources and Ecosystems Sustainability, Tourist Opportunities, and2. CFDA NO.

Revived Economies of the Gulf Coast States

Formula Grant3. ASSISTANCE TYPE

RDCGR080414-01-014. GRANT NO.

Formerly

5. TYPE OF AWARD

Other

4a. FAIN. RDCGR080414 Post Award Amendment5a. ACTION TYPE

6. PROJECT PERIOD MM/DD/YYYY

From 3/1/2023.

MM/DD/YYYY

through 4/30/2026.

7. BUDGET PERIOD MM/DD/YYYY

From 3/1/2023

MM/DD/YYYY

through 4/30/2026

8. TITLE OF PROJECT (OR PROGRAM)

Little Sabine Bay Restoration Program 9a. GRANTEE NAME AND ADDRESS

Escambia County Board of County Commissioners (RA) 221 Palafox Place Pensacola FL 32502

9b. GRANTEE PROJECT DIRECTOR Madison O'Toole 221 Palafox Place Pensacola FL 32502

(850) 595-4195

10a. GRANTEE AUTHORIZING OFFICIAL Taylor Kirschenfeld 221 Palafox Place Pensacola FL 32502

(850) 595 1630

10b. FEDERAL PROJECT OFFICER Jeff Gilleo 1500 Pennsylvania Ave. N.W. Washington, DC 20220-0001

(202) 961-7780

ALL AMOUNTS ARE SHOWN IN USD

(Excludes Direct Assistance)11. APPROVED BUDGET 12. AWARD COMPUTATION

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 INFORPORATED EITHER DIRECTLY OR BY REFERENCE IN

THE FOLLOWING:

a. The grant program legislation

b. The grant program regulations.

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

d. 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.

(Other Terms and Conditions Attached - ) REMARKS Yes See next page

AUTHORIZING OFFICIAL:

Andrew McLarty, Acting Program Director, Office of Recovery Programs, 1500 Pennsylvania Ave. N.W. Washington, DC 20220-0001

17.OBJ CLASS 410006 18a. VENDOR CODE 1280188 18b. EIN 59-6000598 LLHWX867E5J6 19a. UEI

07507967319b. DUNS

20. CONG. DIST. FL-001

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

21.a. Direct b. RDCGR080414 c. RDC d. $0.00 e.

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

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

DATE ISSUED:

11/14/2024

GRANT NO. RDCGR080414-01-01

NOTICE OF AWARD (Continuation Sheet)

REMARKS:

This amendment is approved by Andrew McLarty, Authorizing Official. Accepting this amendment in the Treasury's RESTORE Grants Management System constitutes acceptance of this amendment and the Standard Terms and Conditions and Programmatic Terms and Conditions and Special Award Conditions. Award funds will be available to the recipient in an ASAP.gov account. The requirements of section 70914 of the Build America, Buy America Act (the “Act”), which is included in the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 do not apply to this award because the scope of work does not include an infrastructure project, as defined in the Act. Davis-Bacon Act related provisions do not apply to this award.

11/14/2024

GRANT NO. RDCGR080414-01-01

NOTICE OF AWARD (Continuation Sheet)

Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 03/01/2023 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 09/30/2025 Semi-Annual 10/30/2025 10/01/2025 03/31/2026 Semi-Annual 04/30/2026 04/01/2026 04/30/2026 Final 08/28/2026

USA SPENDING DESCRIPTION

The Little Sabine Bay Restoration Planning Project grant is awarded to Escambia County under the RESTORE Act Direct Component program for planning, design, and permitting of restoration work in Little Sabine Bay. The objective of the project is to plan and design improvements to Little Sabine Bay that will enhance water quality and habitats in Little Sabine Bay. This project will benefit the communities of Escambia County. There is no subrecipient for this project. This amendment updates the Scope of Work to include Quietwater Beach in the planning, design and permitting of restoration work.

11/14/2024

GRANT NO. RDCGR080414-01-01

NOTICE OF AWARD (Continuation Sheet)

RESTORE Act - FUNDING AUTHORIZATION

Action

Total Amount of Federal Funds

Awarded to Date.

Line 13 of

NoA/Amendment

Amount of Funding

Restriction

Amount of Financial

Assistance This Action Line 12d of NoA/Amendment

Amount Authorized for ASAP

Account this Action

Notes

1 $2,000,000.00 $0.00 $2,000,000.00 $2,000,000.00 Initial Authorization

2 $2,000,000.00 $0.00 $0.00 $0.00

Second authorization updates the Scope of Work to include Quietwater Beach.

RESTORE Act - SPECIAL AWARD CONDITIONS

None

RESTORE Act - Scope of Work

Amended Scope of Work

This amendment request includes a revision to the existing scope of work, by adding the Quietwater Beach location to the plan. Escambia County will plan and design improvements to both the Little Sabine Bay and Quietwater Beach locations, to include determining if any feasible water quality improvements can be made. Escambia County requested a scope change in the Multi-Year Implementation Plan Amendment 3 (MYP 3). The MYP 3 was accepted by Treasury on February 16, 2024. This scope of work amendment is to make the award consistent with the scope change approved on the MYP 3 amendment.

The original scope of work proposed a 38-month performance period to plan a multi-faceted restoration project to improve water quality and aquatic vegetation in the Little Sabine Bay. The plan will highlight improvements to stormwater treatment for runoff from large parking lots, increase the circulation and dissolved oxygen within the bay, reduce scarring and damage to submerged aquatic vegetation, reduce fecal coliform bacteria levels, and remediate areas of contaminated sediment and muck.

There are no special award conditions for this grant.

Milestones

A) Milestone Number

B) Milestone Description

C) Estimated

Completion Timeframe of Milestone

D) Is milestone contingent upon completion of another milestone (Y/N)?

E) What percentage of the Scope of Work is estimated to be completed with this milestone?

F) Actual Completion

Date of Milestone

1 Award Design Contract

3 N/A 10.00% 7/31/2023

Implementation Plan Developed

9 1 25.00% 1/31/2024

3 Design and Permitting

24 1, 2 55.00% 4/30/2025

Finalization of Design Package and Associated Work

36 1, 2, 3 10.00% 4/30/2026

Performance Measures

Eligible Activity/ Discipline #

Measure # Measure

Current actual results vis-a-vis (quantitative)

Status/ Next Steps

DC 8 -- Planning assistance.

1 Stakeholders proactively consulted.

0.00 Not yet

initiated

DC 8 -- Planning assistance.

2 Survey results received from community members.

0.00 Not yet

initiated

DC 8 -- Planning assistance.

3 Public meetings held 0.00 Not yet initiated

RESTORE ACT

FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND

PROGRAM-SPECIFIC TERMS AND CONDITIONS

U.S. Department of the Treasury

October 1, 2024

Table of Contents

PREFACE. 4

A Program-Specific Terms and Conditions - Awards Under the Direct Component 5

1. Administrative Costs.

2. Oil Spill Liability Trust Fund.

3. Remedies for Noncompliance.

4. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials.

5. Buy America Preference Waivers.

6. Buy America Preference Definitions.

B Program-Specific Terms and Conditions - Awards Under the Centers of Excellence Research Grants Program

1. Allowable Costs.

2. Prior Approval for Changes in Centers of Excellence.

3. Performance Reports.

Standard Terms and Conditions.

C Applicable Laws, Regulations, and Program Requirements.

D Use of Funds and Financial Requirements.

1. Scope of Work.

2. Pre-award Costs.

3. Indirect Costs.

4. Cost Sharing and Budget Limitations.

5. Program Income.

6. Incurring Costs or Obligating Federal Funds Beyond the Expiration Date.

7. Tax Refunds.

8. Requirement to Maintain a Conflict-of-Interest Policy.

9. Prohibition on Use of Funds for Certain Telecommunications and Video Surveillance Services or Equipment

10. Limitation on Use of Funds for Research Involving Human Subjects.

11. Limitation on Use of Funds for Foreign Travel

12. Subawards.

E Effect of a Government Shutdown on Disbursements and the Availability of Treasury Personnel

F Recipient Reporting and Audit Requirements.

1. Financial Reports.

2. Performance Reports.

3. Performance Measures.

4. Interim Reporting on Significant Developments per 2 C.F. R. § 200.329(e)

5. Audit Requirements.

6. Operational Self-Assessment

7. Reporting Requirements under the Federal Funding Accountability and Transparency Act (FFATA) of 2006, Pub. L. No. 109-282, as amended by the Digital Accountability and Transparency Act (DATA Act) of 2014, Pub. L. No. 113-101.

8. System for Award Management (SAM.gov) and Universal Identifier Requirements.

9. Reporting Requirements for Status of Real Property or Interest in Real Property.

10. Reporting on Lobbying.

G Financial Management System and Internal Control Requirements.

H Records Retention Requirements.

I The Federal Government’s Right to Inspect, Audit, and Investigate.

1. Access to Records.

2. Access to the Recipients, Subrecipient’s, and Contractor’s Sites.

J Award Disbursement

K Notifications and Prior Approvals.

1. Notifications.

2. Prior Approvals.

L Amendments and Closeout

1. Amendments.

2. Closeout

M Termination and Remedies for Noncompliance.

N Debts.

1. Payment of Debts Owed the Federal Government

2. Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs.

O Non-Discrimination Requirements.

1. Statutory Provisions.

2. Regulatory Provisions.

3. Executive Orders.

4. Title VII Exemption for Religious Organizations.

5. Protections for Whistleblowers.

P Requirement to Check Debarment and Suspension Status of Subrecipients, Contractors, Subcontractors, and Vendors.

Q Procurement 34

1. General Provisions.

2. Solid Waste Disposal

3. Subawards.

4. Small Business, Minority, Women, and Veteran-Owned Business Enterprises.

5. Domestic Preference for Procurement

R Environmental Requirements.

S Real Property, Construction, Equipment and Supplies.

1. General Requirements.

2. Real Property and Acquisition of Land and Land Interests.

3. Compliance with State, Local and Federal Requirements.

4. Title.

5. Permitting Requirements.

6. Estimated Useful Life.

7. Recording the Federal Interest in the Real Property.

8. Use of Real Property.

9. Administration, Operation and Maintenance.

10. Commencement of Construction.

11. Insurance.

12. Bonding.

13. Floodplain Requirements.

14. Goals for Women and Minorities in Construction.

15. Davis Bacon Act, as amended (40 U.S.C. §§ 3141–3148)

16. Equal Opportunity Clause.

17. Revised Americans with Disabilities Act (ADA) Standards for Accessible Design for Construction Awards.

18. Supplies and Equipment

T Miscellaneous Requirements and Provisions.

1. Prohibition Against Assignment by the Recipient

2. Disclaimer Provisions.

3. Prohibited and Criminal Activities.

4. Limitations on Political Activities of Employees.

5. Drug-Free Workplace.

6. Increasing Seat Belt Use in the United States.

7. Reducing Text Messaging While Driving.

8. Minority Serving Institutions (MSIs) Initiative.

9. Research Misconduct

10. Care and Use of Live Vertebrate Animals.

11. The Trafficking Victims Protection Act of 2000, as amended, (22 U.S.C. § 7104(g)), and the implementing regulations at 2 C.F.R. Part 175.

12. Publications and Signage.

13. Copyright

14. Homeland Security Presidential Directive 12.

15. Export Control

Appendix I: 2 C.F.R. Part 170, Appendix A.

Appendix II: 2 C.F.R. Part 25, Appendix A.

Appendix III: Davis-Bacon and Related Acts Requirements.

Appendix IV: Contract Clauses Required for Contracts Subject to the Requirements of the Contract Work

Hours and Safety STandards Act

Appendix V: 41 C.F.R. § 60-1.4.

RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND

PROGRAM-SPECIFIC TERMS AND CONDITIONS

PREFACE

A 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. An approved application, including all documents, certifications, and assurances that are part of the approved application;

5. An approved scope of work;

6. Any approved budget; and,

7. Any special terms and conditions applied by Treasury to the award (“Special Award Conditions”).

The recipient must comply with—and require each of its subrecipients, contractors, and subcontractors employed in the completion of the activity, project, or program to comply with—the RESTORE Act, Treasury’s implementing regulations at 31 C.F.R. Part 34, all applicable federal statutes, regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, any program guidance issued by Treasury (including the RESTORE Act Frequently Asked Questions relating to the Direct Component Program), 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.

Any inconsistency or conflict in the 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, Executive Orders, federal regulations, applicable notices published in the Federal Register, OMB circulars, Treasury’s Standard Terms and Conditions, Program-Specific Terms and Conditions, and any Special Award 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 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance,” 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 implementing regulations (79 Fed. Reg. 48039 (Aug. 15, 2014) and 79 Fed. Reg. 61236 (Oct. 10, 2014), as codified at 31 C.F.R. Part 34), or 2 C.F.R. Part 200.

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 T of this document, all Treasury RESTORE Act awards made under the Direct Component include the following Program-Specific Terms and Conditions:

1. Administrative Costs

a. Administrative costs are defined as indirect costs for administration incurred by the recipient that are allocable to activities authorized under the RESTORE Act, as specified in 31 C.F.R. § 34.2.

Administrative costs do not include:

i. Direct costs that directly support the scope of work and are identified as direct costs in the approved award budget;

ii. Indirect costs that are identified specifically with, or readily assignable to facilities, as defined in 2 C.F.R. § 200.414; and

iii. Indirect costs of subrecipients.

b. Of the amounts received from Treasury under the Direct Component, not more than three percent may be used for administrative costs. See 31 C.F.R. § 34.204(a)(1). The three percent limit on administrative costs may be applied to the total amount of funds received by a recipient either on a grant-by-grant basis or on an aggregate basis. For the latter method, amounts used for administrative costs may not at any time exceed three percent of the aggregate of:

i. The amounts received under a component (i.e., Direct Component or Centers of Excellence) by a recipient, beginning with the first grant through the most recent grant, and

ii. The amounts in the Trust Fund that are allocated to, but not yet received by, the grantee under 31 C.F.R. § 34.103, consistent with the definition of administrative costs in 31 C.F.R. § 34.2.

c. Up to 100 percent of program income, as defined in 2 C.F.R. § 200.1 and elaborated in 2 C.F.R. § 200.307, may be used to pay for allowable administrative costs, subject to the three percent cap. Program income may also be used to defray other allowable costs under the award.

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.

4. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials

a. Pursuant to section 70914 of the Build America, Buy America Act, included in the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58 (November 15, 2021), none of the funds provided under this award may be used for a project for infrastructure, as defined in paragraph (b) below unless:

i. All iron and steel used in the project are produced in the United States, which means that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

ii. All manufactured products used in the project are produced in the United States, which means that the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

iii. All construction materials are manufactured in the United States, which means that all manufacturing processes for the construction material occurred in the United States.

b. For the purposes of this section, the term “infrastructure” means public infrastructure, including but not limited to the structures, facilities, and equipment for, in the United States, roads, highways, and bridges;

public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

c. The requirement of paragraph (a) (the “Buy America preference”) only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does the Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. See OMB Memorandum M-24-02.

5. Buy America Preference Waivers

a. The Buy America Preference shall not apply if a waiver covering the project is in effect at the time that Treasury obligates the award funds for the new award or amendment to the existing award (provided as the “Date Issued” in the Notice of Award). All waivers will be posted on Treasury’s RESTORE Act, Buy America website at https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference

b. Recipients may also apply for, and Treasury may grant, a waiver from these requirements on a project or product level. Treasury will provide information on the process for requesting a waiver from these requirements. For more information on the waiver request process see https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference

c. In accordance with 2 C.F.R. § 184.7, Treasury may waive the application of the Buy America preference in any case in which Treasury determines that:

i. Applying the Buy America Preference would be inconsistent with the public interest;

ii. The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or,

iii. The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

d. A request to waive the application of the Buy America preference must be submitted in writing.

Treasury will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office within the Office of Management and Budget.

6. Buy America Preference Definitions

Definitions of terms related to the Buy America Preference requirement provided in this section are provided on Treasury’s RESTORE Act, Buy America website at https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference

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 T of this document, all Treasury RESTORE Act awards under the Centers of Excellence Research Grants Program include the following Program-Specific Terms and Conditions:

1. Allowable Costs

In addition to the prohibitions contained in 2 C.F.R. Part 200, Subpart E ( ), the followingCost Principles costs are unallowable unless approved in writing by Treasury:

a. Construction, including the alteration, repair, or rehabilitation of existing structures;

b. Facilities costs that are allowable as indirect costs in a federally approved negotiated indirect cost rate;

and

c. Acquisition of land or interests in land.

2. Prior Approval for Changes in Centers of Excellence https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/restore-act/restore-act-buy-america-preference

a. 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.

b. After the recipient notifies Treasury pursuant to (a) and finalizes the selection, 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. Unique Entity Identifier (UEI) Number;

iii. Location of the entity;

iv. The discipline or disciplines, as set forth in Section 1605(d) of the RESTORE Act and Treasury’s implementing regulations at 31 C.F.R. § 34.704(b), that will serve as a focus of research for the selected Center or Centers of Excellence;

v. Documentation of the competitive process used to select the Center or Centers of Excellence, including all documentation to demonstrate the recipient complied with the selection requirements set forth in Section 1605 of the RESTORE Act and Treasury’s implementing regulations at 31 C.F.R. § 34.704(b);

and,

vi. The estimated budget for the Center, including the total allocation of funded dollars for the Center.

3. Performance Reports

In addition to the reporting requirements in Section F, pursuant to 31 C.F.R. § 34.706, 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. This information will be included in the Council's annual report to Congress. The recipient must provide a copy of this report to Treasury when it submits the report to the Council.

Standard Terms and Conditions

AWARDS UNDER THE DIRECT COMPONENT AND THE CENTERS OF EXCELLENCE

RESEARCH GRANTS PROGRAM

C Applicable Laws, Regulations, and Program Requirements

This Award is subject to the following federal laws, regulations, and requirements. This list is not exclusive:

1. The RESTORE Act, Pub. L. No. 112-141 (July 6, 2012);

2. Treasury’s implementing regulations, 31 C.F.R. Part 34;

3. 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;

4. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180 including the requirement to include a term or condition in all lower-tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulations at 31 C.F.R. Part 19;

5. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 31 C.F.R. Part 20;

6. New Restrictions on Lobbying, 31 C.F.R. Part 21;

7. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170;

8. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25;

9. Recipient Integrity and Performance Matters, Appendix XII to 2 C.F.R. Part 200;

10. Award Term related to Trafficking in Persons, 2 C.F.R. Part 175;.

11. Treasury’s RESTORE Act Frequently Asked Questions (FAQs) and other program guidance; and

12. Any special award conditions included in the award.

D Use of Funds and Financial Requirements

1. 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.

2. Pre-award Costs

The recipient may obligate funds 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 related to award reporting and closeout after the end of the period of performance, or 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.

3. 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 ( ). For Direct Component awards, there is a three percent limit onCost Principles indirect costs per 31 C.F.R. § 34.204. Please see the RESTORE Act Frequently Asked Questions (FAQs) related to the Direct Component Program for more information on the limitations on indirect costs (administrative costs) at https://home.treasury.gov/system/files/216/May-2020-Direct-Component-FAQ-Update-final-5-21-2020.pdf . Indirect costs charged to the award must be consistent with an accepted de minimis rate or the indirect https://home.treasury.gov/system/files/216/May-2020-Direct-Component-FAQ-Update-final-5-21-2020.pdf https://home.treasury.gov/system/files/216/May-2020-Direct-Component-FAQ-Update-final-5-21-2020.pdf 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. § 200.1) and must be included in the recipient’s budget.

b. Unallowable direct costs are not recoverable as indirect costs.

c. 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.

4. Cost Sharing and Budget Limitations

a. There is not a cost sharing or matching requirement for Treasury’s RESTORE Act grant programs.

However, if matching funds are included in the approved award budget, the recipient must obtain and use these matching funds for the purposes of the award.

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.

5. Program Income

Program Income is defined in 2 C.F.R. § 200.1 as gross income earned by the non-federal entity that is directly generated by a supported activity or earned as a result of the federal award during the period of performance except as provided by 2 C.F.R. § 200.307(f). As allowed by 2 C.F.R. § 307(b), Treasury authorizes costs incidental to the generation of program income that have not been charged to the award to be deducted from the gross income to determine program income for this award (i.e., net program income). Any program income generated by the recipient or the subrecipient during the period of performance of the award or period of performance of the 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. All program income determinations are project scope-specific and should be determined prior to award or at the earliest point possible post-award.

6. 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 that are authorized for a period up to 120 days following the end of the period of performance are those strictly associated with closeout activities. Closeout 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 120-day closeout period.

7. 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 ( ). The recipient agrees to contactCost Principles Treasury immediately upon receipt of these refunds.

8. Requirement to Maintain a Conflict-of-Interest Policy

Recipient understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each activity funded under this award.

Recipients and subrecipients must disclose in writing to Treasury or the pass-through agency, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

9. Prohibition on Use of Funds for Certain Telecommunications and Video Surveillance Services or Equipment

a. Recipients must comply with 2 C.F.R. § 200.216 with respect to obligations and expenditures of Treasury’s RESTORE Act grants funded on or after 8/13/2020. As required by 2 C.F.R. § 200.216, Treasury’s RESTORE Act recipients and subrecipients are prohibited from obligating or expending grant funds to procure or obtain covered telecommunications equipment or services; extend or renew a contract to procure or obtain covered telecommunications equipment or services; or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

b. As described in Public Law 115–232, section 889, covered telecommunications equipment or services are defined as follows:

i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

iii. Telecommunications or video surveillance services provided by such entities or using such equipment;

or

iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of the People’s Republic of China.

c. For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

d. Whenever procuring, contracting for, or obtaining telecommunications or video surveillance services or equipment, the recipient must make a good-faith effort to ascertain that none of the equipment or services are from a prohibited source. The recipient must review the list of excluded parties in the System for Award Management (SAM) ( ) for entities excluded from receiving federal awardshttps://www.sam.gov for "covered telecommunications equipment or services."

e. The recipient must ensure that the prohibition on covered telecommunications and video surveillance services and equipment flows down to all lower-tier transactions, to include all subawards and contracts.

f. When the recipient or subrecipient accepts a RESTORE Act grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the grant and those provided upon submitting payment requests and financial reports.

g. For additional information, see section 889 of Public Law 115-232 and 2 C.F.R.§ 200.471.

https://www.sam.gov/

10. Limitation on Use of Funds for Research Involving Human Subjects

a. No work involving human subjects may be undertaken, conducted, or costs incurred and/or charged to this Award for human subject’s research, until the appropriate documentation is approved in writing by Treasury.

b. The Federal policy for the protection of human subjects (the “Common Rule”) as codified in 45 C.F.R.

Part 46, Subpart A, defines a human subject as a living individual about whom an investigator conducting research obtains (1) information or biospecimens through intervention or interaction with the individual (e.g., surveys and focus groups), and uses, studies, or analyzes the information or biospecimens or (2) uses, studies, analyzes, or generates identifiable private information or identifiable biospecimens.

Research means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.

c. The recipient and subrecipient, as appropriate, 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:

i. 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;

ii. Documentation to support an exemption for the project;

iii. Documentation to support deferral for an exemption or IRB review; or

iv. Documentation of IRB approval of any modification to a prior approved protocol or to an informed consent form.

11. Limitation on Use of Funds for Foreign Travel

a. The recipient and subrecipient may not use funds from this Award for travel outside of the United States unless Treasury provides prior written approval.

b. The recipient and subrecipient 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.

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 Information on the Open Skies agreements (U.S.http://www.gsa.gov/portal/content/103191.

Government Procured Transportation) and other specific country agreements may be accessed via the Department of State’s website http://www.state.gov/e/eeb/tra/.

http://www.gsa.gov/portal/content/103191 http://www.state.gov/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 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.

12. Subawards

a. Recipients that enter into subawards under this award must execute a legally binding written agreement with the subrecipient which includes a budget by federal object class categories or fixed amount (2 C.F.R.

§ 200.332). This agreement must incorporate all the terms and conditions of this Award, including any applicable Special Award Conditions, and must include the information at 2 C.F.R. § 200.332(a). The recipient must perform all responsibilities required of a pass-through entity, as specified in 2 C.F.R. §

200.332 , including but not limited to monitoring use of RESTORE Act funds and compliance with all terms and conditions; following up on any deficiencies identified as a result of onsite or desk reviews and/or audits; and reviewing and correcting as necessary all subrecipient performance and financial reporting before including this information on the recipients’ required RESTORE Act grant program’s Performance Progress Reports (PPR) and Federal Financial Report (SF-425) reports.

b. Recipients must verify that a proposed subrecipient is not excluded or disqualified from receiving or participating in Federal awards prior to making a subaward to the proposed subrecipient. Recipients may use the verification methods provided at 2 C.F.R. § 180.300 and Treasury’s implementing regulations at 31 C.F.R. § 19.300, which include confirming in SAM.gov that a potential subrecipient is not suspended, debarred, or otherwise excluded from receiving Federal funds.

c. The recipient must evaluate and document each subrecipient’s risk of noncompliance with federal statutes, 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. § 200.332(c).

d. 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 implementing regulations, these Standard Terms and Conditions, Program-Specific Terms and Conditions, and any applicable Special Award Conditions, and to ensure that the scope of work is being appropriately carried out and milestones are achieved.

e. The recipient must provide training and technical guidance to the subrecipient as necessary.

f. The recipient must, if necessary, take appropriate enforcement actions against noncompliant subrecipients.

g. 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. § 200.332.

h. The recipient must verify that no subrecipient appears on the excluded party list on sam.gov. If lower-tier subawards are authorized by Treasury, the recipient must ensure that a subrecipient who makes a subaward verifies that this lower-tier subrecipient does not appear on the excluded parties list in sam.gov prior to issuing the subaward.

i. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts consistent with 2 C.F.R. § 200.318(c)(1).

i. No employee, officer, agent, or board member with real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated mentioned in this section, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract.

ii. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors.

iii. A recipient or subrecipient may set standards for situations where the financial interest is not substantial, or a gift is an unsolicited item of nominal value.