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Agenda 04/24/2018 Item #16A 304/24/2018 EXECUTIVE SUMMARY Recommendation to accept a Grant Award from the US Department of Treasury under the RESTORE Direct Component (Pot 1) for the preliminary development, design and permitting of the Collier County Comprehensive Watershed Improvement Plan in the amount of $1,532,077.76 and authorize necessary budget amendment (Project No 33554). OBJECTIVE: To receive approval from the Board of County Commissioners to accept a RESTORE Act Direct Component grant award by the US Department of Treasury (Treasur y) to fund the preliminary development, design and permitting of the Collier County Comprehensive Watershed Improvement Plan. CONSIDERATIONS: On November 29, 2017, the Treasury approved the Collier County Multiyear Implement Plan (MYIP) that was approved through Resolution 2017-183 by the Board of County Commissioners on October 10, 2017 (Item 16A) and submitted to Treasury on October 25, 2017. The approval of the MYIP allowed Collier County to submit a grant application to request the funds that are currently available in the RESTORE Act Direct Component fund to implement the MYIP. Treasury opened a grant application cycle in July 2017 and Collier County received notification of a grant award on 1/29/2018. FISCAL IMPACT: A budget amendment is necessary to appropriate revenue funds in the amount of $1,532,077.76, within Growth Management Grants Fund (711), Project 33554. The funding source for grant reimbursement is the Department of Treasury, RESTORE Act Direct Component trust fund in the amount of $1,532,077.76. There are no carrying cost or life cycle operations and maintenance costs for preliminary planning and conceptual design. The RESTORE Act does not require local match. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve the acceptance of the RESTORE Act Direct Component grant award by the US Department of Treasury in the amount of $1,532,077.76, and authorize the necessary budget amendment. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. [LINKED]Notice_of_Award (PDF) 2. Restore Update 2-2-18 (PDF) 3. Application-Collier (PDF) 16.A.3 Packet Pg. 417 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 5032 Item Summary: Recommendation to accept a Grant Award from the US Department of Treasury under the RESTORE Direct Component (Pot 1) for the preliminary development, design and permitting of the Collier County Comprehensive Watershed Improvement Plan in the amount of $1,532,077.76 and authorize necessary budget amendment (Project No 33554). Meeting Date: 04/24/2018 Prepared by: Title: Accountant – Capital Project Planning, Impact Fees, and Program Management Name: Gail Hambright 03/11/2018 4:37 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 03/11/2018 4:37 PM Approved By: Review: Zoning Gary McAlpin Additional Reviewer Completed 03/12/2018 9:04 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/12/2018 9:23 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 03/12/2018 2:52 PM Growth Management Operations Support Jeanne Marcella Additional Reviewer Skipped 03/13/2018 7:59 AM Procurement Services Ted Coyman Additional Reviewer Completed 03/13/2018 8:54 AM Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 03/13/2018 10:58 AM Growth Management Department Gene Shue Additional Reviewer Completed 03/13/2018 10:58 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/28/2018 2:10 PM Grants Edmond Kushi Level 2 Grants Review Completed 03/28/2018 3:56 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/29/2018 5:46 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/30/2018 11:46 AM Growth Management Department James French Deputy Department Head Review Skipped 03/30/2018 6:02 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/02/2018 8:37 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/05/2018 4:48 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/14/2018 3:10 PM 16.A.3 Packet Pg. 418 04/24/2018 Grants Therese Stanley Additional Reviewer Completed 04/16/2018 11:19 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 11:35 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 16.A.3 Packet Pg. 419 (Subject to the availability of funds and satisfactory progress of the project): a. DEDUCTION b. ADDITIONAL COSTS c. MATCHING d. OTHER RESEARCH (Add / Deduct Option) e. OTHER (See REMARKS) 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. REMARKS (Other Terms and Conditions Attached - Yes No) d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION c. Less Cumulative Prior Award(s) This Budget Period a. d. b. e. c. f. 13. Total Federal Funds Awarded to Date for Project Period 14. RECOMMENDED FUTURE SUPPORT Salaries and Wages ……………… Fringe Benefits ……………… Equipment Supplies Travel Construction TOTAL DIRECT COSTS INDIRECT COSTS TOTAL APPROVED BUDGET Federal Share Non-Federal Share a. b. c. d. e. f. g. h. i. j. k. l. b. 21. a. 17. OBJ CLASS b. FY-ACCOUNT NO. 18a. VENDOR CODE DOCUMENT NO. 18b. EIN ADMINISTRATIVE CODE 19. DUNS AMT ACTION FIN ASST 20. CONG. DIST. APPROPRIATION 22. a. 23. a. b.c. c. c. d. d. d. e. e. e. Contractual …………………….……… Other ……………………………. ……………………………. ……………………………. ……………………………. ……………………………. Total Personnel Costs .…...….…… m. n. m) YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS ALL AMOUNTS ARE SHOWN IN USD II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods 11. APPROVED BUDGET (Excludes Direct Assistance)12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 ALTERNATIVES: 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY a. The grant program legislation. b. The grant program regulations. 10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL NOTICE OF AWARD except that any additions or restrictions previously imposed remain in effect unless specifically rescinded Formerly AUTHORIZATION (Legislation/Regulations) 4. GRANT NO.5.ACTION TYPE 6. PROJECT PERIOD 7. BUDGET PERIOD 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY 1. DATE ISSUED CFDA NO.3. ASSISTANCE TYPE 1a. SUPERSEDES AWARD NOTICE dated 8. TITLE OF PROJECT (OR PROGRAM) From Through From Through 2. Mr. J.Gary McAlpin 2800 North Horseshoe Drive Naples, FL 34104 Phone: 239-252-5342 01/30/2021 1,532,077.76 Direct Comprehensive Watershed Improvement Plan Project Development and Permitting 1 RDCGR060041-01-00 0.00 1,532,077.76 II 1,532,077.76 $1,532,077.76RDCRDC 1,532,077.76 Office of Gulf Coast Restoration 596000558 02/01/2018 New 02/01/2018 3 4 55 66 0.00 2 0.00 b 0.00 Mr. Nick Casalanguida 3299 Tamiami Trail East Building F, 3rd Floor Naples, FL 34112-4901 Phone: 239-252-6064 1299353 21.015 19 0.00 076997790 See next page 0.00 AUTHORIZING OFFICIAL: 01/31/2021 0.00 0.00 0.00 RDCGR060041 01/29/2018 1,532,077.76 1,532,077.76 Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States 1500 Pennsylvania Ave., N.W. Washington, DC 20220-0001 Ms. Marsha D Humphries 1500 Pennsylvania Avenue, NW Washington, DC 20220 Phone: 2026222681 77 0.00 0.00 410001 Office of the Fiscal Assistant Secretary U.S. DEPARTMENT OF THE TREASURY Formula Grant 1,532,077.76 Collier County 3299 Tamiami Trl E Ste 700 Naples, FL 34112-5749 0.00 REMARKS: This award is approved by Kristine Conrath, 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. Award funds will be available to the awardee in an ASAP.gov account. 2 of 01/29/2018 1 RDCGR060041-01-00 2 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 3 Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 02/01/2018 03/31/2018 Semi-Annual 04/30/2018 04/01/2018 09/30/2018 Annual 12/29/2018 10/01/2018 03/31/2019 Semi-Annual 04/30/2019 04/01/2019 09/30/2019 Annual 12/29/2019 10/01/2019 03/31/2020 Semi-Annual 04/30/2020 04/01/2020 09/30/2020 Annual 12/29/2020 10/01/2020 01/31/2021 Final 05/01/2021 ‍ RESTORE Act - FUNDING AUTHORIZATION 1.Funding Authorization Table Amount of Financial Assistance Amount of Funding Restriction Amount of Funding Added to the Award Amount Authorized for ASAP Account Notes $1,532,077.76 $0.00 $1,532,077.76 $1,532,077.76 Initial Authorization Special Award Conditions 1.The following Special Award Conditions apply to this award: Special Condition 1: Prior to the execution of all contracts for this project, Collier County must submit to Treasury documentation, satisfactory to Treasury, including a copy of the RFP (or similar), bid review documentation, signed conflict of interest forms, and draft contract for OGCR review for each contract procured under this award. Special Condition 2: Collier County agrees to receive award funds on a reimbursement payment method. Collier 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 drawdowns of federal cash are only for immediate cash needs. Special Condition 3: Within 90 days of the project period start date of this award, Collier County must submit to Treasury evidence, satisfactory to Treasury, that Collier County maintains written policies and procedures for 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, including interim reporting, as applicable. 3 of 01/29/2018 1 RDCGR060041-01-00 3 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 3 1. 2. RESTORE Act Terms and Conditions Scope of Work AWARD ATTACHMENTS Collier County 1 RDCGR060041-01-00 RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM-SPECIFIC TERMS AND CONDITIONS U.S. Department of the Treasury August 2017 TABLE OF CONTENTS RESTORE ACT FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS AND PROGRAM- SPECIFIC TERMS AND CONDITIONS ....................................................................................................... 1 A PROGRAM-SPECIFIC TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT COMPONENT .................................................................................................................................. 2 B PROGRAM-SPECIFIC TERMS AND CONDITIONS - AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM ........................................................................ 3 STANDARD TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT COMPONENT AND AWARDS UNDER THE CENTERS OF EXCELLENCE RESEARCH GRANTS PROGRAM C FINANCIAL REQUIREMENTS ........................................................................................................ 4 D RECIPIENT REPORTING AND AUDIT REQUIREMENTS ............................................................. 7 E FINANCIAL MANAGEMENT SYSTEM AND INTERNAL CONTROL REQUIREMENTS ............... 9 F RECORDS RETENTION REQUIREMENTS ................................................................................. 10 G THE FEDERAL GOVERNMENT’S RIGHT TO INSPECT, AUDIT, AND INVESTIGATE .............. 11 H AWARD DISBURSEMENT ............................................................................................................ 12 I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY OF TREASURY PERSONNEL ...................................................................................................... 13 J NOTIFICATIONS AND PRIOR APPROVALS ............................................................................... 13 K PROPERTY ................................................................................................................................... 14 L AMENDMENTS AND CLOSEOUT ................................................................................................ 15 M REMEDIES FOR NONCOMPLIANCE ........................................................................................... 16 N DEBTS ........................................................................................................................................... 17 O NON-DISCRIMINATION REQUIREMENTS .................................................................................. 18 P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF SUBRECIPIENTS, CONTRACTORS, SUBCONTRACTORS AND VENDORS .......................................................... 20 Q DRUG FREE WORKPLACE .......................................................................................................... 20 R LOBBYING RESTRICTIONS ......................................................................................................... 20 S PROCUREMENT ........................................................................................................................... 22 T RESEARCH INVOLVING HUMAN SUBJECTS ............................................................................ 23 U ENVIRONMENTAL REQUIREMENTS .......................................................................................... 23 V MISCELLANEOUS REQUIREMENTS AND PROVISIONS .......................................................... 24 SUPPLEMENTAL STANDARD TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT COMPONENT FOR ACQUISTION AND IMPROVEMENTS TO REAL PROPERTY W ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY ................................................... 34 August 2017 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. August 2017 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 other than Direct Component activities, projects, or programs, until the recipient has either (1) deposited an amount equal to the amount expended for the ineligible activities in the Trust Fund, or (2) Treasury has authorized the recipient to expend an equal amount from the recipient’s own funds for an activity that meets the requirements of the RESTORE Act. b. If Treasury determines the recipient has materially violated the terms of this Award, Treasury will make no additional funds available to the recipient from any part of the Trust Fund until the recipient corrects the violation. August 2017 Page 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. August 2017 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). August 2017 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 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. August 2017 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. This agreement must incorporate all the terms and conditions of this Award, including any Special Award Conditions, and must include the information at 2 C.F.R. § 200.331. The recipient must perform all responsibilities required of a pass- through entity, as specified in 2 C.F.R. Part 200. b. The recipient must evaluate and document each subrecipient’s risk of noncompliance with federal statutes, federal regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring strategy, as described in 2 C.F.R. § 200.331(b). c. The recipient must monitor the subrecipient’s use of federal funds through reporting, site visits, regular contact, or other means to provide reasonable assurance that the subrecipient is administering the subaward in compliance with the RESTORE Act, Treasury’s RESTORE Act regulations, these Standard Terms and Conditions, Program-Specific Terms and Conditions, and any Special Award Conditions, and to ensure that performance goals are achieved. d. The recipient must provide training and technical assistance to the subrecipient as necessary. e. The recipient must, if necessary, take appropriate enforcement actions against non-compliant subrecipients. f. If lower tier subawards are authorized by Treasury, the recipient must ensure that a subrecipient who makes a subaward applies the terms and conditions of this Award, including any Special Award Conditions, to all lower tier subawards, and that a subrecipient who makes a subaward carries out all the responsibilities of a pass-through entity described at 2 C.F.R. Part 200. g. The recipient must maintain written standards of conduct governing the performance of its employees involved in executing this Award and administration of subawards. i. No employee, officer, or agent shall participate in the selection, award, or administration of a subaward supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization in which he/she serves as an officer or which employs or is about to employ any of the parties mentioned in this section, has a financial interest or other interest in the organization selected or to be selected for a subaward. ii. The officers, employees, and agents of the recipient shall neither solicit nor accept anything of monetary value from subrecipients. iii. A recipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. A financial interest may include employment, stock ownership, a creditor or debtor relationship, or prospective employment with the organization selected or to be selected for a subaward. iv. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. August 2017 Page 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 budget category the use of all funds received. c. The report must be signed by an authorized certifying official who is the employee authorized by the recipient organization to submit financial data on its behalf. d. The recipient must submit all financial reports via http://www.GrantSolutions.gov, unless otherwise specified by Treasury in writing. 2. Performance 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; 2) Summarize any key accomplishments, including milestones completed for the reporting period; 3) List any contracts awarded during the reporting period, along with the name of the contractor and its principal, the DUNS number of the contractor, the value of the contract, the date of award, a brief description of the services to be provided, and whether or not local preference was used in the selection of the contractor; and 4) If the recipient is authorized to make subawards, list any subawards executed during the reporting period, along with the name of the entity and its principal, the DUNS number of the entity, the value of the agreement, the date of award, and a brief August 2017 Page 8 description of the scope of work. b) In Section B-2: 1) Indicate if any operational, legal, regulatory, budgetary, and/or ecological risks, and/or any public controversies, have materialized. If so, indicate what mitigation strategies have been undertaken to attenuate these risks or controversies; and 2) Summarize any challenges that have impeded the recipient’s ability to accomplish the approved scope of work on schedule and on budget. c) In Section B-3: Summarize any significant findings or events, including any data compiled, collected, or created, if applicable. d) In Section B-4: Describe any activities to disseminate or publicize results of the activity, project, or program, including data and its repository and citations for publications resulting from this Award. e) In Section B-5: 1) Describe all efforts taken to monitor contractor and/or subrecipient performance, including site visits, during the reporting period. 2) For subawards, indicate whether the subrecipient submitted an audit to the recipient, and if so, whether the recipient issued a management decision on any findings; and 3) Describe any other activities or relevant information not already provided. 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 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. August 2017 Page 9 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 https://www.treasury.gov/services/restore- act/Pages/Direct%20Component/DirectComponent.aspx. 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; 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. August 2017 Page 10 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: a. Copies of all contracts and all documents related to a contract, including the Request for Proposal (RFP), all proposals/bids received, all meeting minutes or other documentation of the evaluation and selection of contractors, any disclosed conflicts of interest regarding a contract, all signed conflict of interest forms, all conflict of interest and other procurement rules governing a particular contract, and any bid protests; August 2017 Page 11 b. Copies of all subawards, including the funding opportunity announcement or equivalent, all applications received, all meeting minutes or other documentation of the evaluation and selection of subrecipients, any disclosed conflicts of interest regarding a subaward, and all signed conflict of interest forms); c. All documentation of site visits, reports, audits, and other monitoring of contractors (vendors) and subrecipients); d. All financial and accounting records, including records of disbursements to contractors (vendors) and subrecipients, and documentation of the allowability of Administrative Costs charged to this Award; e. All supporting documentation for the performance outcome and other information reported on the recipient’s SF-425s, SF-PPRs, RESTORE Act Milestones Reports, and RESTORE Act Status of Performance Reports; and f. Any reports, publications, and data sets from any research conducted under this Award. 2. If any litigation, claim, investigation, or audit relating to this Award or an activity funded with Award funds is started before the expiration of the three year period, the records must be retained until all litigation, claims, investigations, or audit findings involving the records have been resolved and final action taken. 3. If the recipient is authorized to enter into contracts to complete the approved scope of work, the recipient must include in its legal agreement with the contractor a requirement that the contractor retain all records in compliance with 2 C.F.R. § 200.333. 4. If the recipient is authorized to make subawards, the recipient must include in its legal agreement with the subrecipient a requirement that the subrecipient retain all records in compliance with 2 C.F.R. § 200.333. G THE FEDERAL GOVERNMENT’S RIGHT TO INSPECT, AUDIT, AND INVESTIGATE 1. Access to Records a. Treasury, the Treasury Office of Inspector General, and the Government Accountability Office have the right of timely and unrestricted access to any documents, papers or other records, including electronic records, of the recipient that are pertinent to this Award, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to the recipient’s personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are required to be retained. b. If the recipient is authorized to make subawards, the recipient must include in its legal agreement or contract with the subrecipient a requirement that the subrecipient make available to Treasury, the Treasury Office of Inspector General, and the Government Accountability Office any documents, papers or other records, including electronic records, of the subrecipient, that are pertinent to this Award, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to the subrecipient’s personnel for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are required to be retained (see Section F above). c. If the recipient is authorized to enter into contracts to complete the approved scope of work, the recipient must include in its contract a requirement that the August 2017 Page 12 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 are states: Payment methods of state agencies or instrumentalities must be consistent with Treasury-State agreements under the Cash Management Improvement Act, 31 C.F.R. Part 205 “Rules and Procedures for Efficient Federal-State Funds Transfers,” and Treasury Financial Manual (TFM) 4A-2000 Overall Disbursing Rules for All Federal Agencies. 6. Requirements applicable to recipients that are not states: The recipient must minimize August 2017 Page 13 the time between the transfer of funds from Treasury and the use of the funds by the recipient. Advance payments to the recipient must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the recipient in carrying out the purpose of the approved activity, project, or program. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the parish or county for activity, project, or program costs and the proportionate share of any allowable indirect costs. Advances should not be drawn down more than three business days before expenditure. Advanced funds not disbursed in a timely manner must be promptly returned to Treasury. The recipient must make timely payment to contractors (vendors) in accordance with the contract provisions. 7. Advances of federal funds must be deposited and maintained in United States Government-insured interest-bearing accounts whenever possible. The recipient is not required to maintain a separate depository account for receiving Award funds. If the recipient maintains a single depository account where advances are commingled with funds from other sources, the recipient must maintain on its books a separate subaccount for the Award funds. Consistent with the national goal of expanding opportunities for women-owned and minority-owned business enterprises, the recipient is encouraged to ensure fair consideration of women-owned and minority-owned banks (a bank which is owned at least 50 percent by women or minority group members). 8. The recipient must maintain advances of federal funds in interest bearing accounts, unless one of the following conditions applies: a. The recipient receives less than $120,000 in federal awards per year; b. The best reasonably available interest bearing account would not be expected to earn interest in excess of $500 per year on federal cash balances; or c. The depository would require an average or minimum balance so high that it would not be feasible within the expected federal and non-federal cash resources. 9. On an annual basis, the recipient must remit interest earned on federal advance payments deposited in interest-bearing accounts to the Department of Health and Human Services, Payment Management System, Rockville, MD 20852. Interest amounts up to $500 per year may be retained by the recipient and used for administrative costs. I EFFECT OF A GOVERNMENT SHUTDOWN ON DISBURSEMENTS AND THE AVAILABILITY OF TREASURY PERSONNEL In the event of a federal government shutdown, Treasury will issue guidance to the recipient concerning the expected effects on this Award. J NOTIFICATIONS AND PRIOR APPROVALS 1. Notifications In addition to other notifications required under these Standard Terms and Conditions, the recipient must promptly notify Treasury in writing whenever any of the following is anticipated or occurs: a. A vacancy or change to key personnel listed in the application. b. Any termination of a subaward prior to the expiration of the agreement with the subrecipient. c. Except for changes described in (2) below, the recipient may revise the budget without prior approval. If the recipient alters the budget, the recipient must August 2017 Page 14 provide a revised budget form (SF-424A or SF-424C, as applicable) to Treasury as an attachment to the SF-PPR, reflecting all budget revisions from the same period covered by the SF-PPR. Acceptance of such budget information does not constitute Treasury’s approval of the revised budget. 2. Prior Approvals a. The recipient must obtain prior written approval from Treasury whenever any of the following actions is anticipated: i. A change in the scope or the objective of the activity, project, or program (even if there is no associated budget revision requiring prior written approval); ii. A need to extend the period of performance; iii. A need for additional federal funds to complete the activity, project, or program; iv. The transfer of funds among direct cost categories or programs, functions, and activities if this Award exceeds the Simplified Acquisition Threshold (defined at 2 C.F.R. § 200.88) and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last approved by Treasury; v. The subawarding, transferring or contracting out of any work under this Award (this provision does not apply to the acquisition of supplies, material, equipment or general support services), unless described in the application and approved in this Award.; vi. Any transfer between the non-construction and construction activities; and vii. The inclusion of costs that require prior approval in accordance with 2 C.F.R. Part 200, Subpart E—Cost Principles, unless described in the application and approved in this Award. b. If requesting a no-cost extension to this Award, the request must be made no less than 30 days prior to the end of the period of performance for this Award. Any extension of the period of performance requires prior written approval from Treasury. K PROPERTY 1. General Requirements a. The recipient must comply with the property standards at 2 C.F.R. § 200.310 through § 200.316 for real property, equipment, supplies, and intangible property. The recipient must also comply with the RESTORE Act requirements concerning the acquisition of land and interests in land at 31 C.F.R. § 34.803. b. No real property or interest in real property may be acquired under this Award unless authorized in the approved scope of work. 2. Supplies and Equipment a. Requirements that are applicable to recipients that are states: i. Equipment: The recipient must use, manage, and dispose of equipment acquired under this Award in accordance with state laws and August 2017 Page 15 procedures. ii. Supplies: If the recipient has a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the activity, project, or program and the supplies are not needed for any other federal award, the recipient must report the value and the retention or sale of such supplies by submitting to Treasury a completed SF-428 Tangible Personal Property Report and SF-428-B Final Report Form no later than 60 days after the end of the Period of Performance. b. Requirements that are applicable to recipients that are not states: i. Equipment and Supplies: During the period of performance, the recipient must seek disposition instructions from Treasury for equipment and/or unused or residual supplies acquired under this Award if the current fair market value of the equipment and/or unused or residual supplies is greater than $5,000 per unit. The recipient must seek disposition instructions before disposing of the property by submitting a completed SF-428 Tangible Personal Property Report and SF-428-C Disposition Request/Report. Not later than 60 days after the end of the period of performance, the recipient must submit to Treasury a completed SF-428 Tangible Personal Property Report and SF-428-B Final Report Form if the recipient retains any equipment with a current fair market value greater than $5,000 per unit or a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the activity, project, or program and the equipment and/or supplies are not needed for any other federal award. L AMENDMENTS AND CLOSEOUT 1. Amendments a. The terms of this Award may be amended with the written approval of the recipient and Treasury. b. Treasury reserves the right to amend the terms of this Award if required by federal law or regulation. c. Amendments must be requested in writing, and must include an explanation for the reason this Award should be amended. 2. Closeout a. Treasury will close out this Award when it determines that all applicable administrative actions and all required work of this Award have been completed. Within 90 calendar days after the end of the period of performance, the recipient must submit any outstanding SF-PPR and RESTORE Act Status of Performance reports, as well as the required reporting on subawards, if applicable, plus a final SF-425 report, unless the recipient requests, and Treasury approves, an extension. b. The recipient must liquidate all obligations incurred under this Award not later than 90 calendar days after the end of the period of performance, unless the recipient requests, and Treasury approves, an extension. c. The recipient must promptly refund any balances of unobligated cash that August 2017 Page 16 Treasury paid. d. Within 90 days after receipt of reports in paragraph (a) of this section, Treasury will make upward or downward adjustments to the allowable costs, and then make prompt payment to the recipient for allowable, unreimbursed costs. f. The closeout of this Award does not affect any of the following: i. The right of Treasury to disallow costs and recover funds on the basis of a later audit or other review; ii. The obligation of the recipient to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments; iii. The recipient’s obligations regarding audits, property management and disposition (if applicable), and records retention. M REMEDIES FOR NONCOMPLIANCE 1. If Treasury determines that the recipient has failed to comply with the RESTORE Act, Treasury’s RESTORE Act regulations, these Standard Terms and Conditions, Program- Specific Terms and Conditions, or any Special Award Conditions, Treasury may take any of the following actions (in addition to the remedies in Section A.3, above, applicable to Direct Component awards): a. Impose additional Special Award Conditions such as: i. Allowing payment only on a reimbursement basis, with pre-approval of drawdown requests, ii. Requiring additional reporting or more frequent submission of the SF- 425, SF-PPR, or RESTORE Act Status of Performance Report, iii. Requiring additional activity, project, or program monitoring, iv. Requiring the recipient or one or more of its subrecipients to obtain technical or management assistance, and/or v. Establishing additional actions that require prior approval; b. Temporarily withhold payments pending correction of the noncompliance; c. Disallow from funding from this Award all or part of the cost of the activity or action not in compliance; d. Wholly or partly suspend or terminate this Award; e. Withhold additional Awards; and/or f. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180. Treasury will notify the recipient in writing of Treasury’s proposed determination that an instance of noncompliance has occurred, provide details regarding the instance of noncompliance, and indicate the remedy that Treasury proposes to pursue. The recipient will have 30 calendar days to respond and provide information and documentation contesting Treasury’s proposed determination or suggesting an alternative remedy. Treasury will consider any and all information provided by the recipient and issue a final determination in writing, which will state Treasury’s final findings regarding noncompliance and the remedy to be imposed. 2. In extraordinary circumstances, Treasury may require that any of the remedies above take effect immediately upon notice in writing to the recipient. In such cases, the recipient may contest Treasury’s determination or suggest an alternative remedy in writing to August 2017 Page 17 Treasury, and Treasury will issue a final determination. 3. Instead of, or in addition to, the remedies listed above, Treasury may refer the noncompliance to the Treasury Office of Inspector General for investigation or audit. Treasury will refer all allegations of fraud, waste, or abuse to the Treasury Inspector General. 4. Treasury may terminate this Award in accordance with 2 C.F.R. § 200.339. Requests for termination by the recipient must also be in accordance with 2 C.F.R. § 200.339. Such requests must be in writing and must include the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. If Treasury determines that the remaining portion of this Award will not accomplish the purpose of this Award, Treasury may terminate this Award in its entirety. 5. If this Award is terminated, Treasury will update or notify any relevant government-wide systems or entities of any indications of poor performance as required by 41 U.S.C. § 417b and 31 U.S.C. § 3321 and implementing guidance at 2 C.F.R. Part 180. 6. Costs that result from obligations incurred by the recipient during a suspension or after termination are not allowable unless Treasury expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if: (1) the costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, and are not in anticipation of it; and (2) the costs would be allowable if the Award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. N DEBTS 1. Payment of Debts Owed the Federal Government a. Any funds paid to the recipient in excess of the amount to which the recipient is finally determined to be authorized to retain under the terms of this Award constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by the recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges (see paragraphs c, d, and e below) shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury’s Bureau of the Fiscal Service for debt collection services. c. The minimum annual interest rate to be assessed on any debts is the Department of the Treasury’s Current Value of Funds Rate (CVFR). The CVFR is available online at https://www.fiscal.treasury.gov/fsreports/rpt/cvfr/cvfr_home.htm . The assessed rate shall remain fixed for the duration of the indebtedness, based on the beginning date in Treasury’s written demand for payment. d. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. e. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. f. Funds for payment of a debt must not come from other federally sponsored programs. Verification that other federal funds have not been used will be made, e.g., during on-site visits and audits. August 2017 Page 18 2. Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs Pursuant to 28 U.S.C. § 3201(e), unless waived in writing by Treasury, a debtor who has a judgment lien against the debtor’s property for a debt to the United States shall not be eligible to receive any grant or loan that is made, insured, guaranteed, or financed directly or indirectly by the United States or to receive funds directly from the federal government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. O NON-DISCRIMINATION REQUIREMENTS No person in the United States shall, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. The recipient is required to comply with all non-discrimination requirements summarized in this section, and to ensure that all subawards and contracts contain these nondiscrimination requirements. 1. Statutory Provisions a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; b. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits discrimination on the basis of sex under federally assisted education programs or activities; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance; e. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.) (“ADA”), including the ADA Amendments Act of 2008 (Public Law 110-325, (“ADAAA”), prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; f. Any other applicable non-discrimination law(s). 2. Regulatory Provisions a. Treasury Title VI regulations, 31 C.F.R. Part 22, implement Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000d, et seq.) which prohibits discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; b. Treasury Title IX regulations, 31 Part 28, implement Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) which prohibits discrimination on the basis of sex under federally assisted education programs or activities. August 2017 Page 19 3. Other Provisions a. Parts II and III of EO 11246 (30 Fed. Reg. 12319, 1965), “Equal Employment Opportunity,” as amended by EO 11375 (32 Fed. Reg. 14303, 1967) and 12086 (43 Fed. Reg. 46501, 1978), require federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of EO 11246 and Department of Labor regulations implementing EO 11246 (41 C.F.R. § 60-1.4(b), 1991). b. EO 13166 (August 11, 2000), “Improving Access to Services for Persons With Limited English Proficiency,” requires federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. 4. Title VII Exemption for Religious Organizations Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., provides that it shall be an unlawful employment practice for an employer to discharge any individual or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibition against discrimination on the basis of religion, a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 5. Protections for Whistleblowers In accordance with 41 U.S.C. § 4712, neither the recipient nor any of its subrecipients, contractors (vendors), or subcontractors may discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to a person or entity listed below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant: a. A Member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Treasury employee responsible for contract or grant oversight or management; e. An authorized official of the Department of Justice or other law enforcement agency; f. A court or grand jury; and/or g. A management official or other employee of the recipient, subrecipient, vendor, contractor (vendor), or subcontractor who has the responsibility to investigate, discover, or address misconduct. August 2017 Page 20 P REQUIREMENT TO CHECK DEBARMENT AND SUSPENSION STATUS OF SUBRECIPIENTS, CONTRACTORS, SUBCONTRACTORS AND VENDORS 1. Recipients that are authorized to enter into subawards or contracts to accomplish all or a portion of the approved scope of work must verify that a proposed subrecipient or contractor (if the contract is expected to equal or exceed $25,000) or its principals, does not appear on the federal government’s Excluded Parties List prior to executing an agreement or contract with that entity. Recipients may not enter into a subaward or contract with an entity that appears on the Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov. 2. The recipient must ensure that any agreements or contracts with subrecipients or contractors (vendors) require that they verify that their contractors (for contracts expected to equal or exceed $25,000), subcontractors (for subcontracts expected to equal or exceed $25,000), or principals that the subrecipients or contractors engage to accomplish the scope of work, if applicable, do not appear on the federal government’s Excluded Parties List. Subrecipients and contractors may not enter into a contract or subcontract with an entity, or that entity’s principals, if that entity or its principals appear on the Excluded Parties List. 3. The recipient must include a term or condition in all lower tier covered transactions (subawards, contracts, and subcontracts described in 31 C.F.R. Part 19, subpart B) that the award is subject to 31 C.F.R. Part 19. Q DRUG FREE WORKPLACE The recipient must comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 8102), and Treasury implementing regulations at 31 C.F.R. Part 20, which require that the recipient take steps to provide a drug-free workplace. R LOBBYING RESTRICTIONS 1. Lobbying Restrictions a. Solely for the purposes of Section R of these Standard Terms and Conditions, “recipient” is used as defined at 31 C.F.R. § 21.105(0). Solely for the purposes of Section R of these Standard Terms and Conditions, “award recipient” refers to the recipient of this RESTORE Act award from Treasury. b. All recipients must comply with the provisions of 31 U.S.C. § 1352, as amended, and with regulations at 31 C.F.R. Part 21. No appropriated funds may be expended by the recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the extension, continuation, renewal, amendment, or modification of any Federal grant. 2. Certification a. Each person who requests or receives from Treasury a RESTORE Act grant shall file with Treasury a certification, set forth in Appendix A of 31 C.F.R. Part 21, that the person has not made, and will not make, any payment prohibited under 31 U.S.C. § 1352, as amended. b. The certification shall be filed pursuant to 31 C.F.R. § 21.100(a) and (b). c. Any subrecipient, at any tier, who receives a subaward exceeding $100,000 under August 2017 Page 21 this award, shall file with the tier above them a certification, set forth in appendix A of 31 C.F.R. Part 21, that the subrecipient as not made, and will not make, any payment prohibited by 31 C.F.R. § 21.100(a). Pursuant to 31 C.F.R. 21.100(d), the certification shall be filed to the next tier above. d. Any contractor or subcontractor, at any tier, who receives a contract or subcontract exceeding $100,000 under this award, shall file with the tier above them a certifications, set forth in Appendix A of 31 C.F.R. Part 21, that the contractor or subcontractor has not made, and will not make, any payment prohibited by 31 U.S.C. § 1352, as amended. Pursuant to 31 C.F.R. 21.100(d), the certification shall be filed to the next tier above. e. Every certification filed shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared with any tier to which the erroneous representation if forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification. If a person fails to file a required certification, the United States may pursue all available remedies, including those authorized by 31 U.S.C. § 1352. 3. Disclosure of Lobbying Activities a. The award recipient of this RESTORE Act grant from Treasury, if this grant exceeds $100,000, shall file with Treasury disclosure form SF-LLL, set forth in Appendix B of 31 CF.R. Part 21, if that award recipient is paid or will pay any funds, other than Federal appropriated funds, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant. b. Every recipient of a subaward under this RESTORE Act grant f rom Treasury, if this grant exceeds $100,000, shall file with the tier above it the disclosure form SF-LLL, set forth in Appendix B of 31 C.F.R. Part 21, if that recipient has paid or will pay any funds, other than Federal appropriated funds, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant. Each tier who receives the completed and signed SF-LLL disclosure form shall forward it to the tier above it, and the award recipient of this RESTORE Act grant f rom Treasury will forward it to Treasury. c. Every recipient of a contract or subcontract under this RESTORE Act grant from Treasury, if this grant exceeds $100,000, shall file with the tier above it the disclosure form SF-LLL, set forth in Appendix B of 31 C.F.R. Part 21, if that recipient has paid or will pay any funds, other than Federal appropriated funds, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant. Each tier who receives the completed and signed SF-LLL disclosure form shall forward it to the tier above it, and the award recipient of this RESTORE Act grant from Treasury will forward it to Treasury. d. Every SF-LLL disclosure form filed shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an August 2017 Page 22 erroneous representation shall be borne solely by the tier filing that representation and shall not be shared with any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification. If a person fails to file a required disclosure, the United States may pursue all available remedies, including those authorized by 31 US.C. § 1352, e. Pursuant to 31 C.F.R. § 21.110(c), every recipient must file a new disclosure form at the end of each calendar quarter in which a payment, or an agreement to make a payment, is made which would have otherwise required reporting at the time of application. Moreover, if an event occurs during the calendar quarter which materially affects the accuracy of information reported on the disclosure form previously submitted, the submitter must file a new disclosure form. Events which “materially affect” the accuracy of information already reported include: i. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; ii. A change in the persons(s) influencing or attempting to influence; and/or iii. A change in the Federal official(s) contacted to influence or attempt to influence a covered Federal action, f. The award recipient must submit its form SF-LLLs, as well as those received from subrecipients, contractors and subcontractors, to Treasury within 30 calendar days following the end of the calendar quarter in which the re occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. g. The award recipient must include a statement in all subaward, contracts and subcontracts exceeding $100,000 in federal funds, that the subaward, contract, or subcontract is subject to 31 U.S.C. § 1352, h. The award recipient must require subrecipients, contractors and subcontractors to submit form SF-LLL to the award recipient with 15 calendar days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure from previously filed. S PROCUREMENT 1. The recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 2. When the recipient makes a subaward to a subrecipient that is authorized to enter into contracts for the purpose of completing the subaward scope of work, the recipient must require the subrecipient to comply with the requirements contained in this section. 3. Requirements applicable to recipients that are states: When executing procurement August 2017 Page 23 actions under this Award, the recipient must follow the same policies and procedures it uses for procurements from its non-federal funds. The recipient must ensure that every purchase order or other contract contains any clauses required by federal statutes and EOs and their implementing regulations, including all of the provisions listed in Appendix II to 2 C.F.R. Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards, as well as any other provisions required by law or regulations. 4. Requirements applicable to recipients that are not states: The recipient must follow all procurement requirements set forth in 2 C.F.R. §§ 200.318, 200.319, 200.320, 200.321, 200.323, and 200.324. In addition, all contracts executed by the recipient to accomplish the approved scope of work must contain any clauses required by federal statutes and EOs and their implementing regulations, including all of the provisions listed in Appendix II to 2 C.F.R. Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards. 5. The recipient, subrecipient, contractor, and/or subcontractor must not sub-grant or sub- contract any part of the approved project to any agency or employee of Treasury and/or other federal department, agency, or instrumentality without the prior written approval of Treasury. Treasury will forward all requests to Treasury’s Office of General Counsel for review before making a decision. Treasury will notify the recipient in writing of the final determination. T RESEARCH INVOLVING HUMAN SUBJECTS 1. No research involving human subjects is permitted under this Award unless expressly authorized by a special award condition, or otherwise in writing by Treasury. 2. Federal policy defines a human subject as a living individual about whom an investigator conducting research obtains (1) data through intervention or interaction with the individual, or (2) identifiable private information. Research means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. 3. The recipient must maintain appropriate policies and procedures for the protection of human subjects. In the event it becomes evident that human subjects may be involved in this project, the recipient must submit appropriate documentation to Treasury for approval by the appropriate Treasury officials. This documentation may include: a. Documentation establishing approval of the project by an institutional review board (IRB) approved for federal-wide use under Department of Health and Human Services guidelines; b. Documentation to support an exemption for the project; c. Documentation to support deferral for an exemption or IRB review; or d. Documentation of IRB approval of any modification to a prior approved protocol or to an informed consent form. 4. No work involving human subjects may be undertaken, conducted, or costs incurred and/or charged for human subjects research, until the appropriate documentation is approved in writing by Treasury. U ENVIRONMENTAL REQUIREMENTS The recipient must comply with all environmental standards, and provide information requested by Treasury relating to compliance with environmental standards, including but not limited to the following federal statutes, regulations, and EOs. If the recipient is permitted to make any subawards, the recipient must include all of the environmental statutes, regulations, and executive August 2017 Page 24 orders listed below in any agreement or contract with a subrecipient, and require the subrecipient to comply with all of these and to notify the recipient if the subrecipient becomes aware of any impact on the environment that was not noted in the recipient’s approved application package: 1. National Historic Preservation Act, as amended (54 U.S.C. § 300101 et seq.) and Archeological and Historic Preservation Act, as amended (54 U.S.C. § 312501 et seq.) 2. The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.) 3. Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), Clean Water Act, as amended (33 U.S.C. § 1251 et seq.), and EO 11738 4. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq.) 5. The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.) 6. The Coastal Zone Management Act, as amended, (16 U.S.C. § 1451 et seq.) 7. The Coastal Barriers Resources Act, as amended, (16 U.S.C. § 3501 et seq.) 8. The Wild and Scenic Rivers Act, as amended, (16 U.S.C. § 1271 et seq.) 9. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. § 300f-j) 10. The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.) 11. The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note) 12. Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. §1801) 13. Marine Mammal Protection Act, as amended (16 U.S.C § 31) 14. Migratory Bird Treaty Act, as amended (16 U.S.C. §§ 703-712) 15. Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13186 16. Bald and Golden Eagle Protection Act, as amended (16 U.S.C. § 668-668d) 17. Marine Protection, Research and Sanctuaries Act (33 U.S.C. §§ 1401-1445 and 16 U.S.C. §§ 1431—1445) 18. National Marine Sanctuaries Act, as amended (16 U.S.C. § 1431 et seq.) 19. Rivers and Harbors Act of 1899 (33 U.S.C § 407) 20. Environmental Justice in Minority Populations and Low Income Populations, EO 12898, as amended 21. Floodplain Management, EO 11988, as amended by EO 13690 and, Protection of Wetlands, EO 11990, May 24,1977, as amended by EO 12608 22. Farmland Protection Policy Act, as amended (7 U.S.C. § 4201 et. seq.) 23. Coral Reef Protection, EO 13089Invasive Species, EO 13112 V MISCELLANEOUS REQUIREMENTS AND PROVISIONS The recipient must comply with all miscellaneous requirements and provisions described in this section and, when applicable, require its subrecipients, contractors, and subcontractors to comply. This list is not exclusive: August 2017 Page 25 1. Prohibition Against Assignment by the Recipient Notwithstanding any other provision of this Award, the recipient must not transfer, pledge, mortgage, or otherwise assign this Award, or any interest therein, or any claim arising thereunder, to any party or parties, banks, trust companies, or other financing or financial institutions without the express written approval of Treasury. 2. Disclaimer Provisions a. The United States expressly disclaims any and all responsibility or liability to the recipient or third persons for the actions of the recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Award or any other losses resulting in any way from the performance of this Award or any subaward, contract, or subcontract under this Award. b. The acceptance of this Award by the recipient does not in any way constitute an agency relationship between the United States and the recipient. 3. Prohibited and Criminal Activities a. The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3812), provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the federal government for money (including money representing grants, loans or other benefits). b. False Statements, as amended (18 U.S.C. § 1001) provides that whoever makes or presents any materially false, fictitious, or fraudulent statements to the United States shall be subject to imprisonment of not more than five years. c. False, Fictitious, or Fraudulent Claims, as amended (18 U.S.C. § 287) provides that whoever makes or presents a false, fictitious, or fraudulent claim against or to the United States shall be subject to imprisonment of not more than five years and shall be subject to a fine in the amount provided in 18 U.S.C. § 287. d. False Claims Act, as amended (31 U.S.C. 18 U.S.C. § 3729 et seq.), provides that suits under this act can be brought by the federal government, or a person on behalf of the federal government, for false claims under federal assistance programs e. Copeland “Anti-Kickback” Act, as amended (18 U.S.C. § 874 and 40 U.S.C. § 276c), prohibits a person or organization engaged in a federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract. The Copeland “Anti-Kickback” Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145. 4. Political Activities The recipient must comply, as applicable, with provisions of the Hatch Act, as amended (5 U.S.C. §§ 1501-1508 and §§ 7321-7326) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 5. American-Made Equipment and Products The recipient is hereby notified that it is encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided under this August 2017 Page 26 Award. 6. Increasing Seat Belt Use in the United States Pursuant to EO 13043, the recipient should encourage its employees and contractors to enforce on-the-job seat belt policies and programs when operating company-owned, rented or personally owned vehicles. 7. Minority Serving Institutions (MSIs) Initiative Pursuant to EOs 13555 and13270, as amended, Treasury is strongly committed to broadening the participation of MSIs in its financial assistance programs. Treasury’s goals include achieving full participation of MSIs in order to advance the development of human potential, strengthen the nation’s capacity to provide high-quality education, and increase opportunities for MSIs to participate in and benefit from federal financial assistance programs. Treasury encourages recipients to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education website at http://www2.ed.gov/about/offices/list/ocr/edlite-minorityinst.html. 8. Research Misconduct Treasury adopts, and applies to Awards for research, the Federal Policy on Research Misconduct (Federal Policy) issued by the EO of the President’s Office of Science and Technology Policy on December 6, 2000 (65 Fed. Reg. 76260 (2000)). As provided for in the Federal Policy, research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest errors or differences of opinion. Recipients that conduct research funded by Treasury must foster an atmosphere conducive to the responsible conduct of sponsored research by safeguarding against and resolving allegations of research misconduct. Recipients also have the primary responsibility to prevent, detect, and investigate allegations of research misconduct and, for this purpose, may rely on their internal policies and procedures, as appropriate, to do so. Award funds expended on an activity that is determined to be invalid or unreliable because of research misconduct may result in appropriate enforcement action under the Award, up to and including Award termination and possible suspension or debarment. Treasury requires that any allegation that contains sufficient information to proceed with an inquiry be submitted to Treasury, which will also notify the Treasury Office of Inspector General of such allegation. Once the recipient has investigated the allegation, it will submit its findings to Treasury. Treasury may accept the recipient’s findings or proceed with its own investigation; Treasury shall inform the recipient of the Treasury’s final determination. 9. Care and Use of Live Vertebrate Animals Recipients must comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89- 544), as amended, (7 U.S.C. § 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects), and implementing regulations, 9 C.F.R. Parts 1, 2, and 3; the Endangered Species Act, as amended, (16 U.S.C. § 1531 et seq.); Marine Mammal Protection Act, as amended, (16 U.S.C. § 1361 et seq.) (taking possession, transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance Prevention and Control Act, as amended, (16 U.S.C. § 4701 et seq.) (ensure preventive measures are taken or that probable harm of using species is minimal if there is an escape or release); and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by federal financial assistance. August 2017 Page 27 10. 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 The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the federal government, if the recipient or subrecipient engages in certain activities related to trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this Award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that this Award is in effect; ii. Procure a commercial sex act during the period of time that this Award is in effect; or iii. Use forced labor in the performance of this Award or subawards under this Award. 2. We as the federal awarding agency may unilaterally terminate this Award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this Section V.10; or ii. Has an employee who is determined by the agency official authorized to terminate this Award to have violated a prohibition in paragraph a.1 of this Section V.10 through conduct that is either— A. Associated with performance under this Award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 31 C.F.R. Part 19. b. Provision applicable to a recipient other than a private entity. We as the federal awarding agency may unilaterally terminate this Award, without penalty, if a subrecipient that is a private entity— 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this Section V.10; or 2. Has an employee who is determined by the agency official authorized to terminate this Award to have violated an applicable prohibition in paragraph a.1 of this Section V.10 through conduct that is either— i. Associated with performance under this Award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 31 C.F.R. Part 19. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this Section V.10. August 2017 Page 28 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this Section V.10: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this Award. 3. You must include the requirements of paragraph a.1 of this Section V.10 in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. “Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this Award; or ii. Another person engaged in the performance of the project or program under this Award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. “Private entity”: i. Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). B. A for-profit organization 4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at § 103 of the TVPA, as amended (22 U.S.C. § 7102). 11. The Federal Funding Accountability and Transparency Act of 2006, as amended, (Pub. L. No. 109-282, 31 U.S.C. § 6101 note) a. The award term at Appendix A of 2 C.F.R. Part 170 is hereby incorporated by reference. b. The Federal Funding Accountability and Transparency Act of 2006 (FFATA) requires information on federal awards to be made available to the public via a single, searchable website. This information is available at www.USASpending.gov. The FFATA Subaward Reporting System (FSRS) is the reporting tool federal prime awardees (i.e., prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements. Prime grant awardees will report against sub-grants awarded. The subaward information entered in FSRS will then be displayed at August 2017 Page 29 http://www.USASpending.gov. c. Recipients of RESTORE Act funding are subject to FFATA subaward reporting requirements as outlined in the OMB guidance on FFATA issued August 27, 2010. The recipient is required to file a FFATA subaward report by the end of the month following the month in which the recipient makes any subaward greater than or equal to $25,000. This includes any action that brings the cumulative total award to $25,000 or more. This report must be filed electronically at http://www.fsrs.gov. d. The recipient must report total compensation for each of its five most highly compensated executives for the preceding completed fiscal year, by the end of the month following the month in which this Award is made, and annually thereafter if— i. The total federal funding authorized to date under this Award is $25,000 or more; and ii. In the preceding fiscal year, the recipient received— 1) 80 percent or more of annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to FFATA, as defined at 2 C.F.R. § 170.320 (and subawards); and 2) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to FFATA, as defined at 2 C.F.R. 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) e. The recipient must report on the total compensation of its subrecipients’ five most highly compensated executives, as required by FFATA, and must include provisions in every executed contract or agreement with affected subrecipients requiring the subrecipient to provide all information necessary for the recipient to report on subrecipient executive compensation. The recipient must report on subrecipient executive compensation by the end of the month following the month during which the recipient makes the subaward. f. The recipient must keep its information current in SAM (System for Award Management, which is the successor to the Central Contractor Registry, (CCR)) at least until submission of the final SF-425 or receipt of the final Award payment, whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in the recipient’s information. SAM is the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the System for Award Management Internet site (currently at https://www.sam.gov/portal/public/SAM/). g. If the recipient is authorized to make subawards under this Award, the recipient must notify potential subrecipients that the recipient may not make a subaward to any entity unless that entity has provided its Data Universal Numbering System (DUNS) number to the recipient. A DUNS number is the nine-digit number August 2017 Page 30 established and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities. 12. Recipient Integrity and Performance Matters (80 FR 43301, July 22, 2015) Reporting of Matters Related to Recipient Integrity and Performance a. General Reporting Requirement If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the recipient during that period of time must maintain the accuracy of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph b. of this award term and condition. This is a statutory requirement under § 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by § 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. b. Proceedings About Which The Recipient Must Report The recipient must submit the information required about each proceeding that: i. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five year period; and iii. Is one of the following: 1) A criminal proceeding that resulted in a conviction, as defined in paragraph e. of this award term and condition; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph e. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if: a) It could have led to an outcome described in paragraph b.iii. 1), 2), or 3) of this award term and condition; b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and c) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. c. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph b of this award term and condition. August 2017 Page 31 The recipient does not need to submit the information a second time under assistance awards that the recipient received if they already provided the information through SAM because they were required to do so under Federal procurement contracts that they were awarded. d. Reporting Frequency During any period of time when the recipient is subject to the requirement in paragraph1 of this award term and condition, the recipient must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that they have not reported previously or affirm that there is new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. e. Definitions For purposes of this award term and condition: i. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. ii. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active grants, cooperative agreements, and procurement contracts includes— 1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and 2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 13. Publications and Signage Any publications (except scientific articles or papers appearing in scientific, technical, or professional journals) or signage produced with funds from this Award, or informing the public about the activities funded in whole or in part by this Award, must clearly display the following language: “This project was paid for [in part] with federal funding from the Department of the Treasury under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act).” Publications (except scientific articles or papers appearing in scientific, technical, or professional journals) produced with funds from this Award must display the following additional language: “The statements, findings, conclusions, and recommendations are those of the author(s) and do not necessarily reflect the views of the Department of the Treasury.” August 2017 Page 32 14. Homeland Security Presidential Directive 12 If the performance of this Award requires the recipient’s personnel to have routine access to Treasury-controlled facilities and/or Treasury-controlled information systems (for purpose of this term “routine access” is defined as more than 180 days), such personnel must undergo the personal identity verification credential process. In the case of foreign nationals, Treasury will conduct a check with U.S. Citizenship and Immigration Services’ (USCIS) Verification Division, a component of the Department of Homeland Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for employment within the United States. Any items or services delivered under this Award must comply with Treasury personal identity verification procedures that implement Homeland Security Presidential Directive 12, “Policy for a Common Identification Standard for Federal Employees and Contractors”, FIPS PUB 201, as amended, and OMB Memorandum M-05-24, as amended. The recipient must ensure that its subrecipients and contractors (at all tiers) performing work under this Award comply with the requirements contained in this Section V.14. Treasury may delay final payment under this Award if the subrecipient or contractor fails to comply with the requirements listed in the section below. The recipient must insert the following term in all subawards and contracts when the subrecipient or contractor is required to have routine physical access to a Treasury-controlled facility or routine access to a Treasury-controlled information system: a. The subrecipient or contractor must comply with Treasury personal identity verification procedures identified in the subaward or contract that implement Homeland Security Presidential Directive 12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards Publication, FIPS PUB 140-2, as amended, for all employees under this subaward or contract who require routine physical access to a federally controlled facility or routine access to a federally controlled information system. b. The subrecipient or contractor must account for all forms of government-provided identification issued to the subrecipient or contractor employees in connection with performance under this subaward or contract. The subrecipient or contractor must return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by Treasury: i. When no longer needed for subaward or contract performance; ii. Upon completion of the subrecipient or contractor employee’s employment; or iii. Upon subaward or contract completion or termination. 15. Foreign Travel a. The recipient may not use funds from this Award for travel outside of the United States unless Treasury provides prior written approval. b. The recipient must comply with the provisions of the Fly America Act, as amended, (49 U.S.C. § 40118). The implementing regulations of the Fly America Act are found at 41 C.F.R. §§ 301-10.131–301-10.143. c. The Fly America Act requires that federal travelers and others performing U.S. Government-financed air travel must use U.S. flag air carriers, to the extent that service by such carriers is available. Foreign air carriers may be used only in specific instances, such as when a U.S. flag air carrier is unavailable, or use of U.S. flag air carrier service will not accomplish the agency’s mission. August 2017 Page 33 d. One exception to the requirement to fly U.S. flag carriers is transportation provided under a bilateral or multilateral air transport agreement, to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act pursuant to 49 U.S.C. § 40118(b). The United States Government has entered into bilateral/multilateral “Open Skies Agreements” (U.S. Government Procured Transportation) that allow federal funded transportation services for travel and cargo movements to use foreign air carriers under certain circumstances. There are multiple “Open Skies Agreements” currently in effect. For more information about the current bilateral and multilateral agreements, visit the GSA website http://www.gsa.gov/portal/content/103191. Information on the Open Skies agreements (U.S. Government Procured Transportation) and other specific country agreements may be accessed via the Department of State’s website http://www.state.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 the Treasury. When requesting such approval, the recipient must provide a justification in accordance with guidance provided by 41 C.F.R. § 301–10.142, which requires the recipient to provide Treasury with the following: name; dates of travel; origin and destination of travel; detailed itinerary of travel; name of the air carrier and flight number for each leg of the trip; and a statement explaining why the recipient meets one of the exceptions to the regulations. If the use of a foreign air carrier is pursuant to a bilateral agreement, the recipient must provide Treasury with a copy of the agreement or a citation to the official agreement available on the GSA website. Treasury shall make the final determination and notify the recipient in writing. Failure to adhere to the provisions of the Fly America Act will result in the recipient not being reimbursed for any transportation costs for which the recipient improperly used a foreign air carrier. 16. Export Control a. This clause applies to the extent that this Award involves access to export- controlled items. b. In performing this financial assistance Award, the recipient may gain access to items subject to export control (export-controlled items) under the Export Administration Regulations (EAR) issued by the Department of Commerce (DOC). The recipient is responsible for compliance with all applicable laws and regulations regarding export-controlled items, including the EAR’s deemed exports and re-exports provisions. The recipient shall establish and maintain effective export compliance procedures throughout performance of the Award. At a minimum, these export compliance procedures must include adequate controls of physical, verbal, visual, and electronic access to export-controlled items, including by foreign nationals. c. Definitions: i. Export-controlled items. Items (commodities, software, or technology), that are subject to the EAR (15 C.F.R. §§ 730–774), implemented by the DOC’s Bureau of Industry and Security. These are generally known as “dual-use” items, items with a military and commercial application. ii. Deemed Export/Re-export. The EAR defines a deemed export as a release of export-controlled items (specifically, technology or source code) to a foreign national in the U.S. Such release is “deemed” to be an export to the home country of the foreign national. 15 C.F.R. § August 2017 Page 34 734.2(b)(2)(ii). A release may take the form of visual inspection, oral exchange of information, or the application abroad of knowledge or technical experience acquired in the United States. If such a release occurs abroad, it is considered a deemed re-export to the foreign national’s home country. Licenses from DOC may be required for deemed exports or re-exports. d. The recipient shall control access to all export-controlled items that it possesses or that comes into its possession in performance of this Award, to ensure that access to, or release of, such items are restricted, or licensed, as required by applicable federal statutes, EOs, and/or regulations, including the EAR. e. To the extent the recipient wishes to provide foreign nationals with access to export-controlled items, the recipient shall be responsible for obtaining any necessary licenses, including licenses required under the EAR for deemed exports or deemed re-exports. f. Nothing in the terms of this Award is intended to change, supersede, or waive the requirements of applicable federal statutes, EOs, and/or regulations. g. Compliance with this Section V.15 will not satisfy any legal obligations the recipient may have regarding items that may be subject to export controls administered by other agencies such as the Department of State, which has jurisdiction over exports of munitions items subject to the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120–130), including releases of such items to foreign nationals. h. The recipient shall include this clause, including this paragraph (i), in all lower tier transactions (subawards, contracts, and subcontracts) under this Award that may involve access to export-controlled items. SUPPLEMENTAL STANDARD TERMS AND CONDITIONS - AWARDS UNDER THE DIRECT COMPONENT FOR ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY W ACQUISITION AND IMPROVEMENTS TO REAL PROPERTY 1. Compliance with State, Local and Federal Requirements The project must comply with all applicable federal laws and regulations, and with all requirements for state, and local laws and ordinances to the extent that such requirements do not conflict with federal laws. The recipient is also responsible for supervising the design, bidding, construction, and operation of construction projects in compliance with all award requirements. The recipient must comply with, and must require all contractors and subcontractors, to comply with all federal, state, and local laws and regulations. The recipient must ensure compliance with special award conditions which may contain conditions that must be satisfied prior to advertisement of bids, start of construction, or other critical event. 2. Title Prior to receiving Treasury authorization to start construction, the recipient must furnish evidence, satisfactory to Treasury, that the recipient has acquired good and merchantable title free of all mortgages, foreclosable liens, or encumbrances, to all land, rights of way and easements necessary for the completion of the project. August 2017 Page 35 3. Permitting Requirements Prior to receiving Treasury authorization to start construction, the recipient must furnish evidence, satisfactory to Treasury, that recipient has received all federal, state and local permits necessary for the completion of the project. 4. Federal Interest in Real Property “Federal interest” refers to real property that is acquired or improved, in whole or in part, with RESTORE Act Direct Component funds, which must be held in trust by the Recipient for the benefit of the project for the Estimated Useful Life of the project, during which period Treasury retains an undivided equitable reversionary interest in the real property (i.e., the “federal interest”). 5. Estimated Useful Life Property that is acquired or improved, in whole or in part, with federal assistance is held in trust by the recipient for the purpose(s) for which the award was made for the Estimated Useful Life. Estimated Useful Life means the period of years that constitutes the expected useful lifespan of a project, as determined by Treasury, during which Treasury anticipates obtaining the benefits of the project pursuant to project purposes authorized by the RESTORE Act. For this award the recipient has proposed an Estimated Useful Life from the date of construction completion. Treasury’s issuance of the grant agreement represents its concurrence with the recipient’s proposed Estimated Useful Life. The recipient’s obligation to the federal government continues for the Estimated Useful Life of the project, as determined by Treasury, during which Treasury retains an undivided equitable reversionary interest (the "federal interest”) in the property improved, in whole or in part, with the Treasury investment. If Treasury determines that the recipient has failed or fails to meet its obligations under the terms and conditions of this award, Treasury may exercise its rights or remedies with respect to its federal interest in the project. However, Treasury’s forbearance in exercising any right or remedy in connection with the federal interest does not constitute a waiver thereof. 6. Commencement of Construction The recipient should not commence construction prior to the date of the Award. The recipient must make a written request to Treasury for permission to commence construction after the construction contractor has been selected and at least 30 days prior to construction. For project costs to be eligible for Treasury reimbursement, Treasury must determine that the award of all contracts with associated costs are in compliance with the scope of the project and all terms and conditions of this award, and all necessary permits have been obtained, and the federal interest is secure. No construction funds may be drawn from ASAP without Treasury’s written permission. If the recipient commences construction prior to Treasury’s determination, the recipient proceeds at its own risk. Treasury will only review contract amendments or change orders which change the scope of a contract. 7. Use of Real Property Encumbering real property on which there is a federal interest without prior Treasury approval is an unauthorized use of the property and of project trust funds under this August 2017 Page 36 award. See 2 C.F.R. § 200.316. Real property or interest in real property may not be used for purposes other than the authorized purpose of the award without the express, prior written approval of Treasury, for as long as the federal government retains an interest in the property. The property must not be sold, conveyed, transferred, assigned, mortgaged, or in any other manner encumbered except as expressly authorized in writing by Treasury. The recipient must maintain facilities constructed or renovated with grant funds in a manner consistent with the purposes for which the funds were provided for the duration of the Estimated Useful Life. In the event that the real property or interest in real property is no longer needed for the originally authorized purpose, the recipient must obtain disposition instructions from Treasury consistent with 2 C.F.R. § 200.311. 8. Recording the Federal Interest in the Real Property To document the federal interest, the recipient agrees to prepare and properly record a “Covenant of Purpose, Use and Ownership” (Covenant), or, where a subrecipient is the title owner, to ensure that the subrecipient prepares and properly records a “Covenant of Purpose, Use and Ownership” (Covenant) on the property acquired or improved with federal assistance funds. See 2 C.F.R. § 200.316. This Covenant does not establish a traditional mortgage lien in that it does not establish a traditional creditor relationship requiring the periodic repayment of principal and interest, or the ability of Treasury to foreclose on the real property at any time. Rather, pursuant to the Covenant, the recipient and/or the subrecipient, as applicable, acknowledges that it holds title to the real property in trust for the public purposes of the financial assistance award and agrees, among other commitments, that it will repay the federal interest if it disposes of or alienates an interest in the real property, or uses it in a manner inconsistent with the public purposes of the award, during the Estimated Useful Life of the property. a. The Covenant must be satisfactory in form and substance to Treasury, must include the name and current address of the recipient and subrecipient (if applicable), the grant award number, amount and date of award and subrecipient agreement (if applicable), date of the purchase of property (if applicable), and the Estimated Useful Life of the project. It must also include statements that the real property will only be used for purposes consistent with the RESTORE Act; that it will not be mortgaged or used as collateral, sold or otherwise transferred to another party, without the written permission of Treasury; and that the federal interest cannot be subordinated, diminished, nullified or released through encumbrance of the property, transfer of the property to another party or any other action the recipient/subrecipient takes without the written permission of Treasury. b. The recipient agrees to provide to Treasury an attorney’s title opinion as to the title owner of the property, and to properly record, in accordance with applicable law, the Covenant in the real property records in the jurisdiction in which the real property is located in order to provide public record notice to interested parties that there are certain restrictions on the use and disposition of the real property during its Estimated Useful Life, and that Treasury retains an undivided equitable reversionary interest in the real property to the extent of its participation in the project for which funds have been awarded. c. Treasury requires an opinion of counsel for the recipient to substantiate that the document has been properly recorded. d. Failure to properly and timely file and maintain documentation of the federal interest may result in appropriate enforcement action, including, but not limited to, disallowance of the cost of the acquisition or improvement by Treasury. August 2017 Page 37 e. The Federal Interest must be perfected and recorded/filed in accordance with state and/or local law concurrent with the acquisition of the real property, where an award includes real property acquisition, and for construction of buildings and projects to improve the real property, no later than the date construction and/or improvement work commences. f. When the Estimated Useful Life of the project is ended, the federal interest is extinguished and the federal government has no further interest in the real property. 9. Administration, Operation and Maintenance The recipient agrees to administer, operate, and maintain the project for its Estimated Useful Life in the same manner in which it operates and maintains similar facilities and equipment owned by it, and in accordance with state and local standards, laws and regulations. The recipient must not be in breach of its obligations under this award except to the extent the failure to fulfill any obligation is due to an Uncontrollable Force. “Uncontrollable Force” means an event beyond the reasonable control of, and without the fault or negligence of, the party claiming the Uncontrollable Force that prevents the recipient from honoring its contractual obligations under this Agreement and which, by exercise of the recipient’s reasonable care, diligence and foresight, such recipient was unable to avoid. Uncontrollable Forces include, but are not limited to: a. Strikes or work stoppage; b. Floods, earthquakes, or other natural disasters; terrorist acts; and c. Final orders or injunctions issued by a court or regulatory body having competent subject matter jurisdiction which the recipient, claiming the Uncontrollable Force, after diligent efforts, was unable to have stayed, suspended, or set aside pending review by a court of competent subject matter jurisdiction. Neither the unavailability of funds or financing, nor conditions of national or local economies or markets must be considered an Uncontrollable Force. 10. Reporting Requirement The recipient must complete and submit to Treasury a report on the status of the real property or interest in real property in which the federal government retains an interest, using a SF-429 Real Property Status Report form annually for the first three years of a federal award and thereafter every five years until the end of the Estimated Useful Life or time of disposition, whichever is less. All reports must be for the period ending December 31, or any portion thereof, beginning with the year of the award, and are due no later than 30 days following the end of the reporting period. 11. Insurance The recipient must, at a minimum, provide the equivalent insurance coverage for real property improved with federal funds as provided to property owned by the recipient state, county or parish, in compliance with 2 C.F.R. § 200.310. 12. Bonding a. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the recipient or pass-through entity may request in writing that Treasury accept its bonding policy and requirements. If Treasury August 2017 Page 38 determines that the federal interest in the project is adequately protected, the recipient or pass-through entity need not comply with the following three bonding requirements. For all other recipients and pass-through entities, the minimum requirements for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold are as follows: A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual instruments as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 13. Floodplain Requirements In accordance with 44 C.F.R. Part 9, prior to Treasury’s authorization to commence construction in a designated 100-year floodplain, the recipient must provide evidence satisfactory to Treasury of a Floodplain Notice, that the 30-day period established for receipt of comments from the public in response to public notice published regarding the potential for adverse project impact on the values and functions of a designated 100- year floodplain has expired and that identified concerns (if any) have been addressed to Treasury’s satisfaction. This notice may be satisfied through a federal/state environmental assessment process used as the vehicle for public notice, involvement, and explanation per 44 C.F.R. § 9.8(2). In addition, prior to Treasury’s authorization to commence construction of structures and/or buildings within a designated 100-year floodplain, the recipient must provide evidence satisfactory to Treasury of the following: a. Floodplain Protection: That the project engineer/architect has certified that the project facility will be adequately protected from damage by floods in this area of apparent potential flood hazard. The evidence must include adequate justification for the Base Flood Elevation designation for the financial assistance award site. b. Floodplain Insurance: That the community is participating in the National Flood Insurance Program, and that as required, the recipient will purchase flood insurance. 14. Goals for Women and Minorities in Construction Department of Labor regulations set forth in 41 C.F.R. § 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all federally assisted construction contracts in excess of $10,000. The recipient must comply with these regulations and must obtain compliance with 41 C.F.R. § 60-4 from contractors and subcontractors employed in the completion of the project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 C.F.R. § 60-4. August 2017 Page 39 a. The goal for participation of women in each trade area must be as follows: From April 1, 1981, until further notice: 6.9 percent; b. All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 C.F.R. § 60-4.6, or any successor regulations, must hereafter be incorporated by reference into these Special Award Conditions; and, c. Goals for minority participation must be as prescribed by Appendix B-80, Federal Register, Volume 45, No. 194, October 3, 1980, or subsequent publications. The recipient must include the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” (or cause them to be included, if appropriate) in all federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 C.F.R. § 60-6. 15. Contracting with small and minority businesses, women’s business enterprise, and labor surplus area firms The recipient must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (a) — (e) of this paragraph. 16. Davis Bacon Act, as amended (40 U.S.C. §§ 3141–3148) Davis-Bacon Act-related provisions are applicable for a construction project if it is for the construction of a project that can be defined as a “treatment works” in 33 U.S.C § 1292; or for a construction project regardless of whether it is a “treatment works” project if it is receiving federal assistance from another federal agency operating under an authority that requires the enforcement of Davis-Bacon Act-related provisions. When required, all prime construction contracts in excess of $2,000 awarded by the non-Federal entity must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141–3144, and §§ 3146–3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must August 2017 Page 40 be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition contracts must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to Treasury. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contracts and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation or which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to Treasury. 17. Equal Opportunity Clause Pursuant to 41 C.F.R. § 60-1.4(b), Federally assisted construction contracts, for construction which is not exempt from the requirements of the equal opportunity clause, 41 C.F.R. Part 60-1—Obligations of Contractors and Subcontractors, [t]he [recipient] hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: 41 C.F.R. § 60-1.4 Equal opportunity clause. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which August 2017 Page 41 an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. August 2017 Page 42 The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 18. Revised ADA Standards for Accessible Design for Construction Awards The U.S. Department of Justice has issued revised regulations implementing Title II of the ADA (28 C.F.R. Part 35) and Title III of the ADA (28 C.F.R. Part 36). The revised regulations adopted new enforceable accessibility standards called the “2010 ADA Standards for Accessible Design” (2010 Standards). The 2010 Standards are an acceptable alternative to the Uniform Federal Accessibility Standards (UFAS). Treasury deems compliance with the 2010 Standards to be an acceptable means of complying with the Section 504 accessibility requirements for new construction and alteration projects. All new construction and alteration projects must comply with the 2010 Standards. Page 1 RESTORE Act Direct Component Application Narrative Department of the Treasury OMB Number 1505-0250 The Direct Component Funding Opportunity Announcements describe in detail the content and information required for your narrative. Please refer to the relevant Funding Opportunity Announcement when completing this form. GENERAL INFORMATION: Applicant Name: Collier County Board of County Commissioners Point of Contact (POC) for this Application: POC Name: *Gary McAlpin POC Title: *Manager, Coastal Zone Management POC Email: *GaryMcAlpin@colliergov.net POC Phone: *(239) 252-5342 Descriptive Title of Applicant's Project: (refer to SF 424) *Comprehensive Watershed Improvement Project Activity Title from Multiyear Plan Matrix, Column #6 *Collier County/Rookery Bay National Estuarine Research Comprehensive Watershed Improvement Plan Project Development and Permitting Phase 1 Funding Opportunity Announcement #:GR-RDC-17-006 A. STATUTORY QUESTIONS 1. Qualifying eligible activity: Please select the primary eligible activity in the first column, and select all other eligible activities that apply in the second column. Select Primary Activity Qualifying Eligible Activity {Select All Others That Apply} Activity 1 1. Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast Region Activity 2 2. Mitigation of damage to fish, wildlife and natural resources Activity 3 3. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring Activity 4 4. Workforce development and job creation Activity 5 5. Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill Activity 6 6. Infrastructure projects benefitting the economy or ecological resources, including port infrastructure Activity 7 7. Coastal flood protection and related infrastructure Activity 8 8. Planning assistance Activity 9 9. Promotion of tourism in the Gulf Coast Region, including recreational fishing Activity 10 10. Promotion of the consumption of seafood harvested from the Gulf Coast Region 2. Was this proposed activity included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after July 6, 2012? Yes No If "Yes," this activity is not eligible for a Direct Component grant. 3. Location (a) Please provide the actual location for the activity as street address, nearest intersection, or note boundaries on a submitted map. If there is more than one location for the activity, attach a list of the additional locations, city/town, county/parish, state, and zip code. Location: Collier County City/Town: County/Parish: Collier County State: FLORIDA Zip code: 34112 The Collier County/Rookery Bay National Estuarine Research Reserve Comprehensive Multi-Year Implementation Plan project meets the Page 1 of 5 Page 2 (b) Describe how the proposed activity will be carried out in the Gulf Coast Region as defined in 31 CFR 34.2. Attach a map to support your response. RESTORE Act criteria of planning assistance as defined in 31 CFR 34.201(j) of the RESTORE Act. The project development and permitting funding is planning for the eligible activity of Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region per 31 CFR 34.201(a). Collier County improvement projects will be carried out in the Gulf Coast region including any adjacent land, water and watersheds within 25 miles of those coastal zone areas identified in 33 U.S.C. subsection 1321(a)(1)(33)(B) and further by Treasury regulation 31 CFR 34.201. Improving the health of the CountyÂs watershed areas will restore near shore and eventually offshore water quality. Improved water quality (both freshwater and saltwater) provides protection to the entire marine ecosystem, including seagrass beds and the benthic and pelagic species and habitat they depend on. B. DISCUSSION OF SPECIFIC ACTIVITY IF APPLICABLE, PLEASE FOLLOW SPECIFIC DIRECTIONS FOR NON-FEDERAL SHARE OF ANOTHER FEDERALLY FUNDED ACTIVITY and ACTIVITIES APPROVED PRIOR TO JULY 6, 2012 IN THE DIRECT COMPONENT APPLICATION GUIDANCE. 1. Proposed Scope of Work (a) Directions: Provide a detailed scope of work that fully describes the project or program for which funding is requested, including: - Need, purpose, and objectives; Need: Approximately 70% of Collier CountyÂs 2,300 sq. miles has been altered since the 1950's in order to accommodate coastal development. In addition to shoreline modifications, extensive canal construction for urban and agricultural drainage has changed the timing and quantity of freshwater inflows to coastal waters. These changes have dramatically affected water quality and quantity of many County estuaries. Prior to intense development, rainfall either infiltrated into the surficial aquifer or flowed through extensive wetlands into the coastal waters of the County. The project development and permitting of this project will be the first step in rehydrating and restoring at least a portion of the historical flows within the region helping to reestablish historical wetland hydroperiods to some degree. Purpose: The purpose is to develop the conceptual design of the Collier County Comprehensive Watershed Improvements Plan (CCCWIP) to a level that will allow the County to apply for the appropriate federal and state permit(s) and provide adequate site analysis to develop a preliminary design that is demonstrated to be constructible, permitable and does not create adverse impacts to the surrounding properties or environmental and water resources. Objective: Project development to the 30% design level to plan and permit the CCCWIP. This project is the preliminary step in the development of the planning and design of the CCCWIP. As a discovery phase, timelines and deliverables may change to reflect regulatory requirements that are revealed during data collection and agency discussions. - How the project/program meets the identified primary activity designated in A1; The project meets the RESTORE Act criteria of planning assistance as defined in 31 CFR 34.201(j) of the RESTORE Act. The project development and permitting funding is planning for the eligible activity of Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region per 31 CFR 34.201(a). - Specific tasks, milestones and related timeframes (also captured in Milestones Report); and Scope of Work: The County and it's contractor (to be determined through competitive process) would meet with various agencies to determine what, if any, additional data is necessary for project permitting. This project is the preliminary step in the development of the planning and design of the CCCWIP. As a discovery phase, timelines and deliverables may change to reflect regulatory requirements that are revealed during data collection and agency discussions. Below is a detailed listing the tasks/deliverables anticipated at this time to be accomplished within the scope of work. 1. Preliminary data compilation - Compilation of relevant available data (including GIS data) to coordinate with regulatory agencies in identifying potential environmental issues and permitting requirements. TIMEFRAME: 90 days DELIVERABLE: Status Report 2. Agency coordination - Coordination and meetings with state and federal regulatory agencies for necessary monitoring and permitting requirements for species, habitats and wetlands. TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports 3. Coordination with Regulatory Agencies regarding model comparisons - This effort would involve maintaining close coordination between the CountyÂs modeling team and the Big Cypress Basin (BCB) and others as related to the use of the USACEÂs Gridded Surface/Subsurface Hydrologic Analysis (GSSHA; aka ÂGeishaÂ) model. TIMEFRAME: 15 months DELIVERABLES: Quarterly Status Reports 4. Evaluate Project Effects on Groundwater Elevation - This effort would focus on refining estimates of changes in groundwater elevations in the following locations; Northern flow way, I-75 Canal and South Belle Meade spreader, Picayune Strand Forest and Picayune Strand Restoration Project, Six L's agricultural area and urban areas along Henderson Creek and south of US 41. TIMEFRAME: 15 months DELIVERABLES: Quarterly Status Reports 5. Preliminary data collection to evaluate changes in habitat, actual rates of infiltration and evapotranspiration and changes in water quality associated with project implementation. TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports 6. Coordinated efforts of other entities - Coordination between the County, the City of Naples and Rookery Bay National Estuarine Research Reserve (RBNERR) TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports FINAL DELIVERABLE: FINAL REPORT - Description of all funding sources included on the SF-424 Only RESTORE Direct Pot 1 funds are included on the SF-424 Projects designed to protect or restore natural resources must be based on best available science. Include a description of the methods to be used to achieve the protection or restoration objective(s). (Also complete Question B.6.) This project involves the planning and project development to the 30% design level to plan and permit the CCCWIP. (b) If the proposed project is part of a larger project outside the scope of this application, describe the larger project and the proposed project's relationship to it. The proposed project is the planning involved in the development and conceptual design in order to permit the improvements outlined in the Collier County Comprehensive Watershed Improvement Plan(CCCWIP). It is anticipated that future Direct Component applications will request funding for construction phases of the CCCWIP as determined during the planning and design. 2. Budget Justification (See OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Directions: Explain in detail how the proposed budget supports the proposed scope of work. The budget justification should relate each budget category listed in the SF-424A and SF-424C to the specific tasks discussed in the response to B1. Provide specific justification for ALL budget categories that apply, including an explanation of the necessity, allowability, reasonableness, and allocability of proposed costs. Please refer to the relevant Funding Opportunity Announcement for descriptions of the budget categories. Budget Category: Contractual Collier County will select a qualified consultant through a competitive bid process. 3. The Applicant's Selection and Oversight of Contractors, if applicable Directions: Indicate if the applicant plans to contract out any work described under the Budget Justification (see B2) including construction. If so, Page 2 of 5 Page 3 the applicant must describe the following: (a) For State applicants: - Nature of the work to be contracted out and the expected number of contracts to be awarded; Not applicable - State procurement method(s) that will be used for the procurement of the contractor(s); and Not applicable - Applicant's plan for monitoring contractor performance and compliance. Not applicable If a contractor already has been selected, also include the following: - Name of each contractor; - DUNS number of each contractor; - Date the applicant executed each contract; and - Amount of each contract award. Not applicable (b) For non-State applicants: - Nature of the work to be contracted out and the expected number of contracts to be awarded; The nature of work to be contracted out includes the following: 1. Preliminary data compilation  Development of background information, including a detailed project description, site location and anticipated environmental issues  Compilation of relevant available data (including GIS data) to coordinate with regulatory agencies in identifying potential environmental issues and permitting requirements 2. Agency coordination  Coordination and meetings with state and federal regulatory agencies for necessary monitoring and permitting requirements for species, habitats and wetlands  Participation in design plans to identify potential environmental permitting issues and action alternatives 3. Coordination with Regulatory Agencies regarding model comparisons  It is anticipated that the nearby restoration efforts for Picayune Strand have the potential to complicate the permitting associated with the CountyÂs project. While the South Florida Water Management District (SFWMD) Big Cypress Basin (BCB) has been fully aware of the CountyÂs project on a staff level, projects being completed by state and federal agencies need to be coordinated, at a technical and staff level, with the CountyÂs project. This effort would involve maintaining close coordination between the CountyÂs modeling team and the BCB and others as related to the use of the USACEÂs Gridded Surface/Subsurface Hydrologic Analysis (GSSHA; aka ÂGeishaÂ) model. 4. Evaluate Project Effects on Groundwater Elevation 5. Preliminary data collection to evaluate changes in habitat, actual rates of infiltration and evapotranspiration and changes in water quality associated with project implementation  Site selection of 60 locations, to be distributed as 30 random locations within the area likely to be impacted by project implementations, as well as 30 sites likely outside the influence of the project.  At each of the 60 locations, bi-annual and quantitative sampling of the vegetation Species richness Species diversity Percent native vs. non-native  At each of the 60 locations, quarterly recording of water levels and/or groundwater levels  Via use of piezometers and/or staff gages  At each of the 60 locations, quarterly collection of water quality data (for surface water samples) for the following parameters o Water temperature o pH o Dissolved oxygen o Specific conductance o Total nitrogen o Total phosphorous The number sampling events is currently estimated at 600 per year, however, this number may increase or decrease based on findings from preliminary data collection and meetings with regulatory agencies. 6. Coordinated efforts of other entities  Coordination between the County, the City of Naples and Rookery Bay National Estuarine Research Reserve (RBNERR) Expected number of contracts: 1 - Procurement method(s) allowable under 2 CFR 200.320 that will be used for the procurement of the contractor(s); Collier County is using a competitive Request for Proposal process that is publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. - Justification under 2 CFR 200.320(f) for sole source procurement, if applicable; and Not Applicable - Applicant's plan for monitoring contractor performance and compliance. The Coastal Zone Management office, in conjunction with the Office of Management and Budget, will monitor contractor performance and compliance through progress reports from the selected contractor, review of milestones completed and approval of invoices in compliance with allowable costs. If a contractor already has been selected, also include the following: - Name of each contractor; - DUNS number of each contractor; - Date the applicant executed each contract; - Amount of each contract award; Not Applicable - Procurement method allowable under 2 CFR 200.320 that was used for the procurement of each contract; - Description of the procurement process, as implemented; and - Justification under 2 CFR 200.320(f) for sole source procurement, if applicable. Not applicable 4. The Applicant's Selection and Oversight of Subrecipients and Inclusion of Special Provisions relating to Subawards, if Applicable Directions: Indicate whether the applicant plans to issue subawards for activities proposed in this application. If so, the applicant must provide ALL of the following: - Description of how the applicant selected or plans to select subrecipient(s); Not Applicable. Collier County does not plan to select subrecipients - Description of the applicant's subrecipient monitoring and management plan that implements the requirements for pass-through entities at 2 CFR 200.331; and Not Applicable - The means by which the applicant will assess each subrecipient's level of risk and monitor each subrecipient's progress, including any required Page 3 of 5 Page 4 reports. Not Applicable If a subrecipient already has been selected, also include the following: - Name of each subrecipient; - DUNS number of each subrecipient: - Date the applicant selected each subrecipient; and - Amount of funds to be provided to each subrecipient. Not Applicable 5. Public Input for this Proposed Activity Directions: Describe how the applicant considered the meaningful public input from individuals, businesses, Indian tribes, and nonprofit organizations relating to this proposed project, including input received during the preparation of the Multiyear Plan. Collier County conducted a highly participatory process to review and gain approval and support for the multi-year implementation plan detailing this project. This included multiple presentations to the Collier County Board of County Commissioners, the Comprehensive Watershed Improvement Program Technical Advisory Ad Hoc Committee and to the City of Naples City Council. A legal advertisement for the Collier County Multi-Year Implementation Plan was published twice in the Naples Daily News (a newspaper of local circulation) on Thursday, June 15, 2017 and then again on July 20, 2017 in both English and Spanish requesting public comments during a 45 day comment period from Thursday, June 15, 2017 to August 31, 2017 and again from July 20, 2017 to September 4, 2017, respectively. The re-advertising on July 20, 2017 was a compliance issue from the U.S. TreasuryÂs review of the CountyÂs Multi-Year Implementation Plan (MYIP). A revised MYIP was re-posted to the CountyÂs website in order to comply with the legal advertisement regulations. In addition, Collier County Communication Support Division distributed a Notice of Public Meeting that was sent to the community at large and all the local media. The notice was also posted on the CountyÂs website at www. Colliergov.net and on the media board in the Communication Support Division. No comments were received during the 45 day period. Collier County Coastal Management Section hosted two (2) public meetings to discuss the plan on Thursday, June 22, 2017 and August 17, 2017 at 2800 North Horseshoe Drive, Suites 609/610 (Growth Management Office) at 5:30 p.m. and 5:00p.m. , respectively. No interested citizens and/or representatives from local agencies were in attendance at either meeting. Letters of Support were received from the following and included in the approved MYIP. Audubon of the Western Everglades/Audubon Florida South Florida Water Management District - Big Cypress Basin City of Naples Conservancy of Southwest Florida Florida Fish and Wildlife Conservation Commission Fish and Wildlife Service Florida Wildlife Federation Florida Forestry Service Collier County Watershed Technical Advisory Committee Collier County Board of County Commissioners Rookery Bay National Estuarine Research Reserve 6. Best Available Science, if applicable Directions: If the answer to the following question is "yes" complete this section. Is the proposed activity designed to protect or restore natural resources? Yes No The RESTORE Act requires activities designed to protect or restore natural resources to be based on the "best available science," which is defined in the Act as science that (a) maximizes the quality, objectivity, and integrity of information, including statistical information; (b) uses peer-reviewed and publicly available data; and (c) clearly documents risks and uncertainties in the scientific basis for such projects. The applicant must make a determination that a project designed to protect or restore natural resources is based on the best available science. In order to support this determination, the applicant must clearly state the protection or restoration objective(s) of the project, describe the methods that will be used to achieve the objective(s), and explain how these methods are based on best available science. The response must be sufficiently detailed for Treasury to evaluate the reasonableness of the applicant's determination that the project is based on best available science. In addressing the three-pronged test in the definition of "best available science," the applicant must cite, when available, peer-reviewed, objective, methodologically sound literature sources that support the conclusion that the proposed scope of work is an effective way to achieve the stated objectives. For each literature source cited, the applicant must provide sufficient citations, including: - Title; - Journal in which the literature source appeared, if applicable; - Publication date; - Author(s); and - Web address if downloaded or available online. The applicant must provide written answers to all of the following : (Submission of source materials will not satisfy the requirements for answering this question.) - A summary of the peer-reviewed information that justifies the proposed objectives, including methods used for the proposed activity. If peer-reviewed literature sources are unavailable, the Applicant must explicitly State this and provide A brief explanation of what alternative scientific information sources were used. If the Applicant relied on publicly available data, the Applicant must cite the source of the data, the date of collection, and the size of the data set. Whenever possible, the Applicant should use publicly available data from sources such as State agencies and federal agencies, for example the U.S. Census Bureau, U.S. Fish and Wildlife Service, Environmental Protection Agency, National Oceanic and Atmospheric Administration. the Applicant must provide A link to each publicly available data source used. - A summary of how the applicant's methods reasonably support and are adaptable to Gulf Coast Region if the information supporting the proposed activity does not directly pertain to the Gulf Coast Region. - A summary of an evaluation of uncertainties and risks in achieving the project's best available science objectives over the longer term; e.g., is there an uncertainty or risk that in 5-10 years the project/program will be obsolete or not function as planned given projections of sea level rise or other environmental change such as in freshwater inflows to estuaries? - A summary of the literature sources' conclusions and any uncertainties or risks in the scientific basis that would apply to the proposed activity, including any uncertainties or risks that were identified by the public or by a Gulf Coast Ecosystem Restoration Council member. Page 4 of 5 Page 5 7. Key Personnel Directions: Key personnel should include the applicant's Authorizing Official who is authorized to sign the grant application and award, the Project Director who is responsible for the project, and the Financial Officer who is responsible for maintaining the accounting and financial records of the grant. The Direct Component Standard Terms and Conditions require the applicant to notify Treasury if there are any changes in key personnel. Collier County's Authorizing Official is Nick Casalanguida, Deputy County Manager. Mr. Casalanguida was the former head of the Growth Management Department which houses the Coastal Zone Management Division responsible for the implementation of this project. Mr. Gary McAlpin, P.E, Manager, Coastal Zone Management, is the Program/Project Director. Mr. McAlpin joined Collier County in 2005 and is responsible for beach maintenance and renourishment; inlet and estuary management; and estuarial water quality. Mr. McAlpin oversees federal and state funding used for beach nourishment, physical and biological monitoring. Allison Kearns, Financial Officer, is in charge of maintaining the accounting and financial records of the grant. 8. Consistency with the Applicant's Multiyear Plan Directions: Describe whether the proposed scope of work differs from the corresponding project/program identified in the applicant's Multiyear Plan accepted by Treasury. If no differences exits, make an affirmative statement as to their consistency. The proposed project is consistent with the Collier County's Multiyear Implementation Plan (MYIP). The Scope of Work contained in this narrative was also identified in the MYIP accepted by Treasury 9. Possible Material Risks to Implement and Maintain the Proposed Activity Directions: List the possible material risks, e.g., operational, legal, regulatory, budgetary, or ecological risks, with a brief discussion of mitigation strategies that the applicant may need to address in order to implement and/or maintain the proposed activity. If the applicant determines that there are no material risks to implement and maintain the proposed activity, then put 'None' in the Risk column below. Risk Mitigation Strategy None 10. Permits, Land Acquisition, Construction, and Relocation Assistance Directions: Answer the following items concerning permits, construction, land acquisition, and relocation assistance, if applicable. (a) Permits Does the proposed activity require any federal, tribal, state, or local permits? For potential federal permits needed, see: ()https://www.permits.performance.gov/tools/federal-environmental-review-and-authorization-inventory Yes No If yes, list the specific federal, tribal, state, or local permits required for this project and the status of the permits: (b) Land Acquisition and Construction Activities Will land be improved? Yes No If yes, answer questions i-vi Will land or interest in land be acquired? Yes No If yes, answer questions i-vii i. What are the legal rights that will be acquired? Please explain 'Other' ii. If an easement, what is the life of the easement? iii. Will the applicant hold title to the land? Yes No iv. What is the total acreage of the proposed property interest to be acquired (easement or fee title)? v. Has the applicant obtained a recent certified appraisal of the property? If yes, attach a copy of the appraisal. Yes No vi. Has the applicant obtained a recent title opinion or certificate? If yes, attach a copy of the title opinion or certificate. Yes No vii. Attach a signed statement from the seller(s) that he/she is a willing seller and has not been coerced into selling or conveying the property interest. viii. Attach the legal description of the property and the tax parcel number. (c) Relocation Assistance Will the proposed project cause the displacement of any persons, businesses, or farm operations? Yes No If yes, as required by Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, explain: the number of displaced persons, including businesses and farm operations; what fair and reasonable relocation payments and advisory services will be provided to any displaced persons; and what provisions will be made to ensure that safe, decent, and sanitary replacement dwellings will be available to such persons within a reasonable period of time prior to displacement. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 5 of 5 J. GARY MCALPIN 2/5/18 RESTORE UPDATE 1 OBJECTIVE: Obtain a recommendation for approval for the Treasury Direct Component Pot 1 Grant of $1,532,077.76 and approval of consultant ranking recommendations for professional services for continuing definition and permitting of the 2016 Collier County Restore Comprehensive Watershed Improvement Project. This project will reduce freshwater flows to Naples Bay, rehydrate approximately 10,000 acres of the Picayune Strand State Forest, restore historic freshwater flows to Rookery Bay and improve water quality throughout the entire watershed. Background Collier County’s Comprehensive Watershed Improvement Plan (CWIP) utilized ten (10) major studies and reports developed by various local, state and regulatory agencies over the past 15 years to reduce freshwater flows into Naples Bay, restore fresh water flows into Rookery Bay, improve water quality and re-hydrate approximately 10,000 acres of the Picayune Strand State Forest/South Belle Meade area by linking hydrologic and ecological restoration projects that will function on a regional basis. This project will allow the County to manage its natural resources in a more holistic, comprehensive manner. Additionally, this project will complement the bordering Federal CERT-Picayune Strand Restoration Project currently being executed by the US Army Corp of Engineers and South Florida Water Management District. Through previous studies and the most recent CWIP, the overwhelming consensus is Naples Bay has been adversely impacted by an abundance of freshwater from the Golden Gate Canal and Rookery Bay is adversely impacted by too little freshwater inflow. This project will begin to rebalance the two systems while rehydrating a significant portion (10,000 acres) of the Picayune Strand State Forest by reestablishing historical flow through the forest. This project would improve water quality and habitat restoration through a series of project improvements through the North/South Belle Meade areas, the Six L’s agricultural area and Rookery Bay. To accomplish this plan, ten (10) viable projects have been developed into a comprehensive conceptual plan through 15% design definition. Staff’s objective in developing this plan was to identify and address major issues that could stop this project; Create a project that regulators can permit; Develop a plan that can be accomplished in 10 years; and lastly develop a project that can be funded entirely with Restore funds (reimbursement after the fact). The expected cost is approximately $32.0 million. This Plan is also being co-sponsored by Rookery Bay National Estuarine Research Reserve. Rookery Bay’s support will provide more leverage for FDEP to include this project in their next application package to the Restore Council for Pot 2 funding. Rookery Bay has been involved from the very beginning of project development, is represented on the Technical Advisory Committee for Collier County Watershed Management Plans and is partially based on the modeling that Rookery Bay has recently completed. In addition, Collier County has worked diligently to gain the support and partnership with the Audubon of the Western Everglades/ Audubon Florida; Big Cypress Basin/SFWMD; the City of Naples; the Conservancy of Southwest Florida; Florida Fish and Wildlife Conservation 16.A.3.b Packet Pg. 420 Attachment: Restore Update 2-2-18 (5032 : Restore Grant Approval) J. GARY MCALPIN 2/5/18 RESTORE UPDATE 2 Commission; Fish and Wildlife Service; Florida Wildlife Federation; Collier County Watershed Technical Advisory Committee and Florida Forestry Service. Project Development, Permitting and “Soft Costs” A Multi-Year-Improvement-Plan was developed and approved by Treasury on 11/29/2016 and Collier County BCC on 12/7/2017. Additionally, a subsequent grant application to access Restore Direct Component Pot1 Funds was approved by Treasury on 1/29/2018 for $1,532,077.76. These funds will allow Collier County to continue to work with the regulatory agencies and project stakeholders through additional project definition, project design and permitting. The purpose or intent of this next phase of project development is to develop a design that will allow the County to obtain the appropriate federal and state permit(s) by conducting adequate site analysis, project definition and design to be constructible, permittable and does not create adverse impacts to the surrounding properties or water resources. Also included in this request will grant management services necessary to leverage and support the County’s desire to obtain funding from other Restore funding sources. It is expected that the total “Soft Cost” activities for this project development ($943K), permitting ($943K), design/engineering ($1,886K), Mitigation ($943K) and monitoring/telemetry ($1,000K) will be approximately $5,715,000. This phase of the work will begin this activity and include the following components: • Permitting Needs Assessment o Preliminary Data Compilation o Agency Coordination o Coordination with Regulatory agencies regarding model comparisons o Project effects on groundwater elevations o Preliminary Data Collection to evaluate changes in habitat, Infiltration, water quality, evaportranspiration, monitoring wells installations and data analysis. • Permitting o Depending on the results of the Permitting Needs Assessment and data collection activities, it is anticipated that sufficient funding may remain to perform permitting and design activities required by certain Regulatory Agencies for well-defined activities. This type of project development flexibility will be required during the execution of this project. • Grant Management Activities o Collier County has pledged all of Pot 1 ($6M) and all of Pot 3 ($12.5M) to the execution of this project. The total cost of this project is estimated to be approximately $32M leaving a funding shortfall of approximately $14M. Grant management services are anticipated to work with staff to identify, educate and secure additional funding sources from federal and state decision makers within the Restore umbrella to complete the funding of this project. 16.A.3.b Packet Pg. 421 Attachment: Restore Update 2-2-18 (5032 : Restore Grant Approval) J. GARY MCALPIN 2/5/18 RESTORE UPDATE 3 Responses to RFP 18-7245 for Professional Services for the Collier County Comprehensive Watershed Improvement Plan we received in January 2018. Consultant responses will be reviewed and ranking recommendations presented to the Board of County Commissioners in February with Award anticipated in early March 2018. It is also anticipated that all the “Soft Cost” activities of this project will be executed with Collier County funds and reimbursed with Treasury Direct Component Pot 1 funds. Treasury has estimated that Collier County will receive approximately $6.0M in Direct Component Pot 1 funds over the 15-year life of this project. Treasury has also indicated that the County can be reimbursed for preapproved activities. This will be sufficient to fund all “Soft Cost” activities and be reimbursed in full over the balance of the 15 years as Treasury funds become available. Several separate Treasury grants will be required to accomplish this. The scope of work and reimbursement dates will require pre-approved by Treasury. The balance of funds available in Direct Component funding after this Grant is awarded is approximately $4.5M. We don’t believe it is a good idea to mix the funding of “Soft Costs” activities from both Pots 1 and 3. Since we anticipate approximately $6M from Pot 1, this source of funding is expected to pay for our entire “Soft Cost” development on this project. Phasing and Project Construction The Spill Component Pot 3 portion of this Restore project that is managed by the Gulf Consortium made up of the 23 coastal counties in Florida is broken down as follows: • Collier County has initiated one large project that is made up of 5 major components: o Project Area A – North Belle Meade Pump Station and Flowway o Project Area B – Interstate 75 Canal Improvements o Project Area C – South Belle Meade Pump Station, Flowway and Spreader o Project Area D – Sabal Palm Road Culvert Crossings o Project Area E – Six L’s /US 41 Flowway and Conveyance Improvements • In addition to the 5 major project components, this project also includes two minor projects; North Belle Meade Preliminary Engineering and the Six L’s Master Plan. • The estimate for this portion of this work is approximately $25.5M making the overall project cost $32M. This is a conceptual figure that will be further developed as the design and permitting is developed. Collier County’s estimated portion of funds available from Pot 3 Spill Component funds is $12.5M. • The Gulf Consortium will reimburse Collier County for preapproved projects listed in the State Expenditure Plan. However, any work performed before the State Expenditure Plan is approved by the Governor and the Restore Council will not be approved for reimbursement. The state expenditure plan is expected to be approved in April of 2018. 16.A.3.b Packet Pg. 422 Attachment: Restore Update 2-2-18 (5032 : Restore Grant Approval) J. GARY MCALPIN 2/5/18 RESTORE UPDATE 4 • The Gulf Consortium will allocate funds up Collier County’s $12.5M total in four (4) year increments as funding becomes available as per the State Expenditure Plan (SEP). Collier County is scheduled to receive $53,333 in 2018; $58,667 in 2019; $2,513,867 in 2020 and $2, 513,867 in 2021 for a total of $5,139,734 in the first of three (3) periods that are four (4) years each. • Collier County is working with FDEP to receive Pot 2 Restore Council funding. Recently Collier County sent a Resolution to FDEP requesting that our project be submitted with FDEP’s next round of project submittal for Council funding. FDEP anticipates the next Restore Council funding will occur in 2019 or 2020. FDEP is extremely interested in when we expect our permits to be issued. FDEP will not recommend funding to the Restore Council until all construction permits have been issued by the Regulatory Agencies. • Grant Management services have been included in RFP 18 -7245 for Professional Services for the Collier County Comprehensive Watershed Improvement Plan that is being presented for concurrence of professional consultant ranking. This activity is absolutely required to leverage and support the County’s desire to obtain funding from other Restore funding sources including the Restore Council Pot 2. • For our First Phase of this project, we anticipate using the $1.5M in current funds available in Pot 1 to complete most of the project development and permitting. We expect this to take approximately two (2) years. This would be funded by a Treasury Grant as identified in the MYIP and since funding is available, costs would be reimbursed when the work and conditions of the grant are complete. Collier County has initiated an RFP for Project Development and Permitting and will recommend one (1) consultant to perform this work. • The Second Phase of this project would be to finish the project development and permitting along with the Engineering/Design, Monitoring and Mitigation identification. This would cost approximately $4.5M and use up the balance of Pot 1 Treasury Funding. The work would take 2 years to complete but not start until the end of year one and be complete by the end of year 3. Two sources of funding would exist for this work: o A second grant for this work would be executed with Treasury through Pot 1. Collier County would initially fund this work but be reimbursed as funding becomes available through Treasury over the balance of the 15 year Restore funding cycle. • The Third Phase of this project is anticipated to be all the construction work required to flow water through the Picayune State Park. The critical point here is we need to verify the Evaporation/Transpiration through pre-project and post-project monitoring working 16.A.3.b Packet Pg. 423 Attachment: Restore Update 2-2-18 (5032 : Restore Grant Approval) J. GARY MCALPIN 2/5/18 RESTORE UPDATE 5 with Forestry. This would include the North Belle Meade Pump Station and Flowway; Interstate 75 Canal Improvements; South Belle Meade Pump Station, Flowway and Spreader; Sabal Palm Road Culvert Crossings. We expect that this portion of the project would utilize all of the Restore Consortium funding of $12.5M. We also anticipate that the construction of this phase would take three years to complete beginning in year 3 and ending at the beginning of year 6. Construction would be followed by two years of condition monitoring starting at the beginning of year 5 and ending at the beginning of year 7. • The Fourth Phase of this project is the Six L’s/US41 Master Plan. Most of this activity will be completed during the Second Phase of the project but will require adjusted based on project monitoring and the development of the Six L’s Master Plan. This should take a year to complete between years 3 and 4. • The Fifth Phase of this project is the construction of the Six L’s /US 41 Flowway and Conveyance Improvements. Construction will take 3 years to complete and be finished by the beginning of year 7. Collier County’s expectation is that this portion of the project will be funded by the Restore Council using Pot 2 funds appropriated over several years. This phase is anticipated to cost $14M. Collier County will work to leverage all additional funding sources for project grants. How we accomplish this would be addressed in our discussions. 16.A.3.b Packet Pg. 424 Attachment: Restore Update 2-2-18 (5032 : Restore Grant Approval) 1. 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. • 2. • 3. 4. • 5. Table Of Contents Applicant:Collier County Board of County Commissioners Application Number: RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Grant Announcement RESTORE Act Direct Component - Non-Construction Activities Online Forms SF-424 Application for Federal Assistance Version 2 SF-424A Budget Information - Non-Construction SF-424B Assurances - Non-Construction SF-LLL Disclosure of Lobbying Activities Restore Act Direct Component Applicant Certifications Restore Act Direct Component Application Narrative Restore Act Environmental Checklist Restore Act Milestones Report Restore Act Status of Performance Report Additional Information to be Submitted Environmental Checklist Documentation (Upload #1): Email from Clearinghouse Authorized Official Designation Letter Upload (Upload #2): Authorization Letter Indirect Cost Rate Agreement Upload Location Map Upload (Upload #3): Location Map Additional Information Upload Note: Upload document(s) printed in order after online forms. Page 1 of 34 16.A.3.c Packet Pg. 425 Attachment: Application-Collier (5032 : Restore Grant Approval) DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 (See reverse for public burden disclosure.) Approved by OMB 0348-0046 1. Type of Federal Action: b a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: b a. bid/offer/application b. initial award c. post-award 3. Report Type: a a. initial filing b. material change 4. Name and Address of Reporting Entity: Prime Subawardee Tier , if known: Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 Congressional District, if known: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: 6. Federal Department/Agency: Department of Treasury 7. Federal Program Name/Description: Restore Act CFDA Number, if applicable:21.015 8. Federal Action Number, if known:9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): Wood, Amanda 1275 K St NW Ste 850 Washington, DC 20005-4077 b. Individuals Performing Services (including address if different from No. 10a) (if individual, last name, first name, MI): Wood, Amanda 11.Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature:Mr. Nick Casalanguida Print Name:Casalanguida, Nick Title:Deputy County Manager Telephone No:239-252-8383 Date:12/11/2017 Page 2 of 34 16.A.3.c Packet Pg. 426 Attachment: Application-Collier (5032 : Restore Grant Approval) BUDGET INFORMATION - Non-Construction ProgramsSECTION A - BUDGET SUMMARYGrant Program FunctionCatalog of Federal Domestic AssistanceEstimated Unobligated FundsNew or Revised Budgetor ActivityNumberFederalNon-FederalFederalNon-FederalTotal(a)(b)(c)(d)(e)(f)(g)1.$$$$$2.3.4.5. Totals$$$$$SECTION B - BUDGET CATEGORIESGRANT PROGRAM, FUNCTION OR ACTIVITYTotal(1)(2)(3)(4)(5)a. Personnel$$$$$b. Fringe Benefitsc. Traveld. Equipmente. Suppliesf. Contractualg. Constructionh. Otheri. Total Direct Charges (sum of 6a-6h)j. Indirect Chargesk. TOTALS (sum of 6i and 6j)$$$$$7. Program Income$$$$$Authorized for Local Reproduction Standard Form 424A (Rev. 7-97)Previous Edition Usable Prescribed by OMB Circular A-1026. Object Class CategoriesOMB Approval No. 4040-0006Expiration Date: 06/30/2014 $1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.76$1,532,077.7621.015$1,532,077.76Restore Act Direct ComponentRestore Act Direct Component$1,532,077.76Restore Act Direct ComponentRestore Act Direct Component$1,532,077.76Restore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentPage 3 of 3416.A.3.cPacket Pg. 427Attachment: Application-Collier (5032 : Restore Grant Approval) SECTION C - NON-FEDERAL RESOURCES(a) Grant Program(b) Applicant(c) State(d) Other Sources(e) TOTALS9.10.11.12. TOTAL (sum of lines 8-11)$$$$SECTION D - FORECASTED CASH NEEDSTotal for 1st Year1st Quarter2nd Quarter3rd Quarter4th Quarter13. Federal$$$$$14. Non-Federal15. TOTAL (sum of lines 13 and 14)$$$$$SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT(a) Grant ProgramFUTURE FUNDING PERIODS (Years)(b) First(c) Second(d) Third(e) Fourth16.$$$$17.18.19.20. TOTAL (sum of lines 16-19)$$$$SECTION F - OTHER BUDGET INFORMATION21. Direct Charges:22. Indirect Charges:23. Remarks:Authorized for Local ReproductionStandard Form 424A (Rev. 7-97) Page 28Restore Act Direct ComponentRestore Act Direct Component$383,019.44$383,019.44$383,019.44$383,019.44$383,019.44$1,532,077.76$1,532,077.76$383,019.44$383,019.44$1,532,077.76$1,532,077.76Restore Act Direct ComponentRestore Act Direct Component$383,019.44$383,019.44$383,019.44Restore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentRestore Act Direct ComponentPage 4 of 3416.A.3.cPacket Pg. 428Attachment: Application-Collier (5032 : Restore Grant Approval) OMB Approval No.: 4040-0007 Expiration Date: 06/30/2014 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1.Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2.Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7.Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8.Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Authorized for Local Reproduction Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102 Page 5 of 34 16.A.3.c Packet Pg. 429 Attachment: Application-Collier (5032 : Restore Grant Approval) 9.Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. 10.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19.Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. * SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Nick Casalanguida * TITLE Deputy County Manager * APPLICATION ORGANIZATION Collier County Board of County Commissioners * DATE SUBMITTED 12/11/2017 Standard Form 424B (Rev. 7-97) Back Page 6 of 34 16.A.3.c Packet Pg. 430 Attachment: Application-Collier (5032 : Restore Grant Approval) OMB Number: 4040-0004 ● ❍ ❍ StringStringStringString AL: Alabama AFG: AFGHANISTAN 08/13/1967 ● ❍ ❍ A: Increase Award Application for Federal Assistance SF-424 * 1. Type of Submission: * 3. Date Received: 08/13/1967 5a. Federal Entity Identifier: State Use Only: 6. Date Received by State: 8. APPLICANT INFORMATION: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN): d. Address: * Street1: * City: * State: * Country: * Zip / Postal Code: e. Organizational Unit: Department Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number: * Email: Street2: County: Province: Preapplication Application Changed/Corrected Application * 2. Type of Application: 4. Applicant Identifier: New Continuation Revision 7. State Application Identifier: * First Name: * If Revision, select appropriate letter(s): * Other (Specify) * 5b. Federal Award Identifier: * c. Organizational DUNS: Division Name: Fax Number: Version 02 Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Expiration Date: 03/31/2012 34112-5749 Gary Naples GaryMcAlpin@colliergov.net 3299 Tamiami Trl E Ste 700 Growth Management 12/11/2017 Collier County Coastal Zone Management McAlpin Coastal Zone Management 12/11/201712/11/201712/11/201712/11/2017 239-252-5342 Florida Manager 59-6000558 076997790076997790 UNITED STATES Collier County Board of County CommissionersCollier County Board of County Commissioners Page 7 of 34 16.A.3.c Packet Pg. 431 Attachment: Application-Collier (5032 : Restore Grant Approval) OMB Number: 4040-0004 A: State Government A: State Government A: State Government Application for Federal Assistance SF-424 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Version 02 Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Expiration Date: 03/31/2012 Expiration Date: 03/31/2012 GR-RDC-17-006-059221 GR-RDC-17-006 County Government Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States 21.015 -Restore Act RESTORE Act Direct Component - Non-Construction Activities RESTORE Act Direct Component - Non-Construction Activities Comprehensive Watershed Improvement Plan Project Development and Permitting Page 8 of 34 16.A.3.c Packet Pg. 432 Attachment: Application-Collier (5032 : Restore Grant Approval) OMB Number: 4040-0004 ● ❍ ❍ ● ❏✔ 08/13/1967 ❍ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/13/1967 08/13/1967 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: * a. Start Date: 18. Estimated Funding ($): * a. Federal * b. Applicant * c. State * d. Local * e. Other * f. Program Income * g. TOTAL * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to com­ ply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Middle Name: * Last Name: Suffix: * Title: * Telephone Number: * Email: * Signature of Authorized Representative: a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. Yes ** I AGREE No * First Name: * b. Program/Project: Fax Number: * Date Signed: * b. End Date: 08/13/1967 . Version 02 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Expiration Date: 03/31/2012 Nick NickCasalanguida@colliergov.net 1532077.76 0 Deputy County Manager 1532077.76 Casalanguida 19 0 19 12/11/2017Mr. Nick Casalanguida 01/30/2021 239-252-8383 02/01/2018 0 0 0 Page 9 of 34 16.A.3.c Packet Pg. 433 Attachment: Application-Collier (5032 : Restore Grant Approval) OMB Number: 4040-0004 Application for Federal Assistance SF-424 Version 02 The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space. * Applicant Federal Debt Delinquency Explanation Expiration Date: 03/31/2012 Page 10 of 34 16.A.3.c Packet Pg. 434 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 1 RESTORE Act Direct Component Application Narrative Department of the Treasury OMB Number 1505-0250 The Direct Component Funding Opportunity Announcements describe in detail the content and information required for your narrative. Please refer to the relevant Funding Opportunity Announcement when completing this form. GENERAL INFORMATION: Applicant Name: Collier County Board of County Commissioners Point of Contact (POC) for this Application: POC Name: *Gary McAlpin POC Title: *Manager, Coastal Zone Management POC Email: *GaryMcAlpin@colliergov.net POC Phone: *(239) 252-5342 Descriptive Title of Applicant's Project: (refer to SF 424) *Comprehensive Watershed Improvement Project Activity Title from Multiyear Plan Matrix, Column #6 *Collier County/Rookery Bay National Estuarine Research Comprehensive Watershed Improvement Plan Project Development and Permitting Phase 1 Funding Opportunity Announcement #:GR-RDC-17-006 A. STATUTORY QUESTIONS 1. Qualifying eligible activity: Please select the primary eligible activity in the first column, and select all other eligible activities that apply in the second column. Select Primary Activity Qualifying Eligible Activity {Select All Others That Apply} Activity 1 1. Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast Region Activity 2 2. Mitigation of damage to fish, wildlife and natural resources Activity 3 3. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring Activity 4 4. Workforce development and job creation Activity 5 5. Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill Activity 6 6. Infrastructure projects benefitting the economy or ecological resources, including port infrastructure Activity 7 7. Coastal flood protection and related infrastructure Activity 8 8. Planning assistance Activity 9 9. Promotion of tourism in the Gulf Coast Region, including recreational fishing Activity 10 10. Promotion of the consumption of seafood harvested from the Gulf Coast Region 2. Was this proposed activity included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after July 6, 2012? Yes No If "Yes," this activity is not eligible for a Direct Component grant. 3. Location (a) Please provide the actual location for the activity as street address, nearest intersection, or note boundaries on a submitted map. If there is more than one location for the activity, attach a list of the additional locations, city/town, county/parish, state, and zip code. Location: Collier County City/Town: County/Parish:Collier County State: FLORIDA Zip code: 34112 The Collier County/Rookery Bay National Estuarine Research Reserve Comprehensive Multi-Year Implementation Plan project meets the Page 11 of 34 16.A.3.c Packet Pg. 435 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 2 (b) Describe how the proposed activity will be carried out in the Gulf Coast Region as defined in 31 CFR 34.2. Attach a map to support your response. RESTORE Act criteria of planning assistance as defined in 31 CFR 34.201(j) of the RESTORE Act. The project development and permitting funding is planning for the eligible activity of Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region per 31 CFR 34.201(a). Collier County improvement projects will be carried out in the Gulf Coast region including any adjacent land, water and watersheds within 25 miles of those coastal zone areas identified in 33 U.S.C. subsection 1321(a)(1)(33)(B) and further by Treasury regulation 31 CFR 34.201. Improving the health of the CountyÂs watershed areas will restore near shore and eventually offshore water quality. Improved water quality (both freshwater and saltwater) provides protection to the entire marine ecosystem, including seagrass beds and the benthic and pelagic species and habitat they depend on. B. DISCUSSION OF SPECIFIC ACTIVITY IF APPLICABLE, PLEASE FOLLOW SPECIFIC DIRECTIONS FOR NON-FEDERAL SHARE OF ANOTHER FEDERALLY FUNDED ACTIVITY and ACTIVITIES APPROVED PRIOR TO JULY 6, 2012 IN THE DIRECT COMPONENT APPLICATION GUIDANCE. 1. Proposed Scope of Work (a) Directions: Provide a detailed scope of work that fully describes the project or program for which funding is requested, including: - Need, purpose, and objectives; Need: Approximately 70% of Collier County's 2,300 sq. miles has been altered since the 1950's in order to accommodate coastal development. In addition to shoreline modifications, extensive canal construction for urban and agricultural drainage has changed the timing and quantity of freshwater inflows to coastal waters. These changes have dramatically affected water quality and quantity of many County estuaries. Prior to intense development, rainfall either infiltrated into the surficial aquifer or flowed through extensive wetlands into the coastal waters of the County. The project development and permitting of this project will be the first step in rehydrating and restoring at least a portion of the historical flows within the region helping to reestablish historical wetland hydroperiods to some degree. Purpose: The purpose is to develop the conceptual design of the Collier County Comprehensive Watershed Improvements Plan (CCCWIP) to a level that will allow the County to apply for the appropriate federal and state permit(s) and provide adequate site analysis to develop a preliminary design that is demonstrated to be constructible, permitable and does not create adverse impacts to the surrounding properties or environmental and water resources. Objective: Project development to the 30% design level to plan and permit the CCCWIP. This project is the preliminary step in the development of the planning and design of the CCCWIP. As a discovery phase, timelines and deliverables may change to reflect regulatory requirements that are revealed during data collection and agency discussions. - How the project/program meets the identified primary activity designated in A1; The project meets the RESTORE Act criteria of planning assistance as defined in 31 CFR 34.201(j) of the RESTORE Act. The project development and permitting funding is planning for the eligible activity of Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region per 31 CFR 34.201(a). - Specific tasks, milestones and related timeframes (also captured in Milestones Report); and Scope of Work: The County and it's contractor (to be determined through competitive process) would meet with various agencies to determine what, if any, additional data is necessary for project permitting. This project is the preliminary step in the development of the planning and design of the CCCWIP. As a discovery phase, timelines and deliverables may change to reflect regulatory requirements that are revealed during data collection and agency discussions. Below is a detailed listing the tasks/deliverables anticipated at this time to be accomplished within the scope of work. 1. Preliminary data compilation - Compilation of relevant available data (including GIS data) to coordinate with regulatory agencies in identifying potential environmental issues and permitting requirements. TIMEFRAME: 90 days DELIVERABLE: Status Report 2. Agency coordination - Coordination and meetings with state and federal regulatory agencies for necessary monitoring and permitting requirements for species, habitats and wetlands. TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports 3. Coordination with Regulatory Agencies regarding model comparisons - This effort would involve maintaining close coordination between the County's modeling team and the Big Cypress Basin (BCB) and others as related to the use of the USACE's Gridded Surface/Subsurface Hydrologic Analysis (GSSHA; aka 'Geisha') model. TIMEFRAME: 15 months DELIVERABLES: Quarterly Status Reports 4. Evaluate Project Effects on Groundwater Elevation - This effort would focus on refining estimates of changes in groundwater elevations in the following locations; Northern flow way, I-75 Canal and South Belle Meade spreader, Picayune Strand Forest and Picayune Strand Restoration Project, Six L's agricultural area and urban areas along Henderson Creek and south of US 41. TIMEFRAME: 15 months DELIVERABLES: Quarterly Status Reports 5. Preliminary data collection to evaluate changes in habitat, actual rates of infiltration and evapotranspiration and changes in water quality associated with project implementation. TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports 6. Coordinated efforts of other entities - Coordination between the County, the City of Naples and Rookery Bay National Estuarine Research Reserve (RBNERR) TIMEFRAME: Ongoing DELIVERABLES: Quarterly Status Reports FINAL DELIVERABLE: FINAL REPORT - Description of all funding sources included on the SF-424 Only RESTORE Direct Pot 1 funds are included on the SF-424 Projects designed to protect or restore natural resources must be based on best available science. Include a description of the methods to be used to achieve the protection or restoration objective(s). (Also complete Question B.6.) This project involves the planning and project development to the 30% design level to plan and permit the CCCWIP. (b) If the proposed project is part of a larger project outside the scope of this application, describe the larger project and the proposed project's relationship to it. The proposed project is the planning involved in the development and conceptual design in order to permit the improvements outlined in the Collier County Comprehensive Watershed Improvement Plan(CCCWIP). It is anticipated that future Direct Component applications will request funding for construction phases of the CCCWIP as determined during the planning and design. 2. Budget Justification (See OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Directions: Explain in detail how the proposed budget supports the proposed scope of work. The budget justification should relate each budget category listed in the SF-424A and SF-424C to the specific tasks discussed in the response to B1. Provide specific justification for ALL budget categories that apply, including an explanation of the necessity, allowability, reasonableness, and allocability of proposed costs. Please refer to the relevant Funding Opportunity Announcement for descriptions of the budget categories. Budget Category: Contractual Collier County will select a qualified consultant through a competitive bid process. 3. The Applicant's Selection and Oversight of Contractors, if applicable Directions: Indicate if the applicant plans to contract out any work described under the Budget Justification (see B2) including construction. If so, Page 12 of 34 16.A.3.c Packet Pg. 436 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 3 the applicant must describe the following: (a) For State applicants: - Nature of the work to be contracted out and the expected number of contracts to be awarded; Not applicable - State procurement method(s) that will be used for the procurement of the contractor(s); and Not applicable - Applicant's plan for monitoring contractor performance and compliance. Not applicable If a contractor already has been selected, also include the following: - Name of each contractor; - DUNS number of each contractor; - Date the applicant executed each contract; and - Amount of each contract award. Not applicable (b) For non-State applicants: - Nature of the work to be contracted out and the expected number of contracts to be awarded; The nature of work to be contracted out includes the following: 1. Preliminary data compilation - Development of background information, including a detailed project description, site location and anticipated environmental issues - Compilation of relevant available data (including GIS data) to coordinate with regulatory agencies in identifying potential environmental issues and permitting requirements 2. Agency coordination - Coordination and meetings with state and federal regulatory agencies for necessary monitoring and permitting requirements for species, habitats and wetlands - Participation in design plans to identify potential environmental permitting issues and action alternatives 3. Coordination with Regulatory Agencies regarding model comparisons - It is anticipated that the nearby restoration efforts for Picayune Strand have the potential to complicate the permitting associated with the County's project. While the South Florida Water Management District (SFWMD) Big Cypress Basin (BCB) has been fully aware of the County's project on a staff level, projects being completed by state and federal agencies need to be coordinated, at a technical and staff level, with the County's project. This effort would involve maintaining close coordination between the County's modeling team and the BCB and others as related to the use of the USACE's Gridded Surface/ Subsurface Hydrologic Analysis (GSSHA; aka 'Geisha') model. 4. Evaluate Project Effects on Groundwater Elevation 5. Preliminary data collection to evaluate changes in habitat, actual rates of infiltration and evapotranspiration and changes in water quality associated with project implementation  Site selection of 60 locations, to be distributed as 30 random locations within the area likely to be impacted by project implementations, as well as 30 sites likely outside the influence of the project. At each of the 60 locations, bi-annual and quantitative sampling of the vegetation Species richness Species diversity Percent native vs. non-native. At each of the 60 locations, quarterly recording of water levels and/or groundwater levels -Via use of piezometers and/or staff gages. At each of the 60 locations, quarterly collection of water quality data (for surface water samples) for the following parameters: Water temperature, pH, Dissolved oxygen, Specific conductance, Total nitrogen, and Total phosphorous. The number sampling events is currently estimated at 600 per year, however, this number may increase or decrease based on findings from preliminary data collection and meetings with regulatory agencies. 6. Coordinated efforts of other entities - Coordination between the County, the City of Naples and Rookery Bay National Estuarine Research Reserve (RBNERR) Expected number of contracts: 1 - Procurement method(s) allowable under 2 CFR 200.320 that will be used for the procurement of the contractor(s); Collier County is using a competitive Request for Proposal process that is publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. - Justification under 2 CFR 200.320(f) for sole source procurement, if applicable; and Not Applicable - Applicant's plan for monitoring contractor performance and compliance. The Coastal Zone Management office, in conjunction with the Office of Management and Budget, will monitor contractor performance and compliance through progress reports from the selected contractor, review of milestones completed and approval of invoices in compliance with allowable costs. If a contractor already has been selected, also include the following: - Name of each contractor; - DUNS number of each contractor; - Date the applicant executed each contract; - Amount of each contract award; Not Applicable - Procurement method allowable under 2 CFR 200.320 that was used for the procurement of each contract; - Description of the procurement process, as implemented; and - Justification under 2 CFR 200.320(f) for sole source procurement, if applicable. Not applicable 4. The Applicant's Selection and Oversight of Subrecipients and Inclusion of Special Provisions relating to Subawards, if Applicable Directions: Indicate whether the applicant plans to issue subawards for activities proposed in this application. If so, the applicant must provide ALL of the following: - Description of how the applicant selected or plans to select subrecipient(s); Not Applicable. Collier County does not plan to select subrecipients - Description of the applicant's subrecipient monitoring and management plan that implements the requirements for pass-through entities at 2 CFR 200.331; and Not Applicable - The means by which the applicant will assess each subrecipient's level of risk and monitor each subrecipient's progress, including any required Page 13 of 34 16.A.3.c Packet Pg. 437 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 4 reports. Not Applicable If a subrecipient already has been selected, also include the following: - Name of each subrecipient; - DUNS number of each subrecipient: - Date the applicant selected each subrecipient; and - Amount of funds to be provided to each subrecipient. Not Applicable 5. Public Input for this Proposed Activity Directions: Describe how the applicant considered the meaningful public input from individuals, businesses, Indian tribes, and nonprofit organizations relating to this proposed project, including input received during the preparation of the Multiyear Plan. Collier County conducted a highly participatory process to review and gain approval and support for the multi-year implementation plan detailing this project. This included multiple presentations to the Collier County Board of County Commissioners, the Comprehensive Watershed Improvement Program Technical Advisory Ad Hoc Committee and to the City of Naples City Council. A legal advertisement for the Collier County Multi-Year Implementation Plan was published twice in the Naples Daily News (a newspaper of local circulation) on Thursday, June 15, 2017 and then again on July 20, 2017 in both English and Spanish requesting public comments during a 45 day comment period from Thursday, June 15, 2017 to August 31, 2017 and again from July 20, 2017 to September 4, 2017, respectively. The re-advertising on July 20, 2017 was a compliance issue from the U.S. Treasury's review of the County's Multi-Year Implementation Plan (MYIP). A revised MYIP was re-posted to the County's website in order to comply with the legal advertisement regulations. In addition, Collier County Communication Support Division distributed a Notice of Public Meeting that was sent to the community at large and all the local media. The notice was also posted on the County's website at www. Colliergov.net and on the media board in the Communication Support Division. No comments were received during the 45 day period. Collier County Coastal Management Section hosted two (2) public meetings to discuss the plan on Thursday, June 22, 2017 and August 17, 2017 at 2800 North Horseshoe Drive, Suites 609/610 (Growth Management Office) at 5:30 p.m. and 5:00p.m. , respectively. No interested citizens and/or representatives from local agencies were in attendance at either meeting. Letters of Support were received from the following and included in the approved MYIP. Audubon of the Western Everglades/Audubon Florida South Florida Water Management District - Big Cypress Basin City of Naples Conservancy of Southwest Florida Florida Fish and Wildlife Conservation Commission Fish and Wildlife Service Florida Wildlife Federation Florida Forestry Service Collier County Watershed Technical Advisory Committee Collier County Board of County Commissioners Rookery Bay National Estuarine Research Reserve 6. Best Available Science, if applicable Directions: If the answer to the following question is "yes" complete this section. Is the proposed activity designed to protect or restore natural resources? Yes No The RESTORE Act requires activities designed to protect or restore natural resources to be based on the "best available science," which is defined in the Act as science that (a) maximizes the quality, objectivity, and integrity of information, including statistical information; (b) uses peer-reviewed and publicly available data; and (c) clearly documents risks and uncertainties in the scientific basis for such projects. The applicant must make a determination that a project designed to protect or restore natural resources is based on the best available science. In order to support this determination, the applicant must clearly state the protection or restoration objective(s) of the project, describe the methods that will be used to achieve the objective(s), and explain how these methods are based on best available science. The response must be sufficiently detailed for Treasury to evaluate the reasonableness of the applicant's determination that the project is based on best available science. In addressing the three-pronged test in the definition of "best available science," the applicant must cite, when available, peer-reviewed, objective, methodologically sound literature sources that support the conclusion that the proposed scope of work is an effective way to achieve the stated objectives. For each literature source cited, the applicant must provide sufficient citations, including: - Title; - Journal in which the literature source appeared, if applicable; - Publication date; - Author(s); and - Web address if downloaded or available online. The applicant must provide written answers to all of the following : (Submission of source materials will not satisfy the requirements for answering this question.) - A summary of the peer-reviewed information that justifies the proposed objectives, including methods used for the proposed activity. If peer-reviewed literature sources are unavailable, the Applicant must explicitly State this and provide A brief explanation of what alternative scientific information sources were used. If the Applicant relied on publicly available data, the Applicant must cite the source of the data, the date of collection, and the size of the data set. Whenever possible, the Applicant should use publicly available data from sources such as State agencies and federal agencies, for example the U.S. Census Bureau, U.S. Fish and Wildlife Service, Environmental Protection Agency, National Oceanic and Atmospheric Administration. the Applicant must provide A link to each publicly available data source used. - A summary of how the applicant's methods reasonably support and are adaptable to Gulf Coast Region if the information supporting the proposed activity does not directly pertain to the Gulf Coast Region. - A summary of an evaluation of uncertainties and risks in achieving the project's best available science objectives over the longer term; e.g., is there an uncertainty or risk that in 5-10 years the project/program will be obsolete or not function as planned given projections of sea level rise or other environmental change such as in freshwater inflows to estuaries? - A summary of the literature sources' conclusions and any uncertainties or risks in the scientific basis that would apply to the proposed activity, including any uncertainties or risks that were identified by the public or by a Gulf Coast Ecosystem Restoration Council member. Page 14 of 34 16.A.3.c Packet Pg. 438 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 5 7. Key Personnel Directions: Key personnel should include the applicant's Authorizing Official who is authorized to sign the grant application and award, the Project Director who is responsible for the project, and the Financial Officer who is responsible for maintaining the accounting and financial records of the grant. The Direct Component Standard Terms and Conditions require the applicant to notify Treasury if there are any changes in key personnel. Collier County's Authorizing Official is Nick Casalanguida, Deputy County Manager. Mr. Casalanguida was the former head of the Growth Management Department which houses the Coastal Zone Management Division responsible for the implementation of this project. Mr. Gary McAlpin, P.E, Manager, Coastal Zone Management, is the Program/Project Director. Mr. McAlpin joined Collier County in 2005 and is responsible for beach maintenance and renourishment; inlet and estuary management; and estuarial water quality. Mr. McAlpin oversees federal and state funding used for beach nourishment, physical and biological monitoring. Allison Kearns, Financial Officer, is in charge of maintaining the accounting and financial records of the grant. 8. Consistency with the Applicant's Multiyear Plan Directions: Describe whether the proposed scope of work differs from the corresponding project/program identified in the applicant's Multiyear Plan accepted by Treasury. If no differences exits, make an affirmative statement as to their consistency. The proposed project is consistent with the Collier County's Multiyear Implementation Plan (MYIP). The Scope of Work contained in this narrative was also identified in the MYIP accepted by Treasury 9. Possible Material Risks to Implement and Maintain the Proposed Activity Directions: List the possible material risks, e.g., operational, legal, regulatory, budgetary, or ecological risks, with a brief discussion of mitigation strategies that the applicant may need to address in order to implement and/or maintain the proposed activity. If the applicant determines that there are no material risks to implement and maintain the proposed activity, then put 'None' in the Risk column below. Risk Mitigation Strategy None 10. Permits, Land Acquisition, Construction, and Relocation Assistance Directions: Answer the following items concerning permits, construction, land acquisition, and relocation assistance, if applicable. (a) Permits Does the proposed activity require any federal, tribal, state, or local permits? For potential federal permits needed, see: ()https://www.permits.performance.gov/tools/federal-environmental-review-and-authorization-inventory Yes No If yes, list the specific federal, tribal, state, or local permits required for this project and the status of the permits: (b) Land Acquisition and Construction Activities Will land be improved? Yes No If yes, answer questions i-vi Will land or interest in land be acquired? Yes No If yes, answer questions i-vii i. What are the legal rights that will be acquired? Please explain 'Other' ii. If an easement, what is the life of the easement? iii. Will the applicant hold title to the land? Yes No iv. What is the total acreage of the proposed property interest to be acquired (easement or fee title)? v. Has the applicant obtained a recent certified appraisal of the property? If yes, attach a copy of the appraisal. Yes No vi. Has the applicant obtained a recent title opinion or certificate? If yes, attach a copy of the title opinion or certificate. Yes No vii. Attach a signed statement from the seller(s) that he/she is a willing seller and has not been coerced into selling or conveying the property interest. viii. Attach the legal description of the property and the tax parcel number. (c) Relocation Assistance Will the proposed project cause the displacement of any persons, businesses, or farm operations? Yes No If yes, as required by Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, explain: the number of displaced persons, including businesses and farm operations; what fair and reasonable relocation payments and advisory services will be provided to any displaced persons; and what provisions will be made to ensure that safe, decent, and sanitary replacement dwellings will be available to such persons within a reasonable period of time prior to displacement. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 15 of 34 16.A.3.c Packet Pg. 439 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 1 RESTORE Act Milestones Report Department of the Treasury OMB Number 1505-0250 Applicant/Grantee:Collier County Board of County Commissioners Title: *Collier County Comprehensive Watershed Improvement Project Reporting Period Ending *Initial Report Year *2017 INSTRUCTIONS FOR COMPLETING FORM Please complete Columns B-E in the initial report submitted as part of an application package. After a grant is awarded, complete Columns F-G for each milestone as applicable and submit as part of the performance reports described in the Standard Terms and Conditions. Columns E and G will calculate automatically, and will show an error message unless the values in each column total 100%. These milestones should reflect what is in the applicant's scope of work as described in the applicable RESTORE Act Direct Component or Centers of Excellence Application Narrative. TO COMPLETE A- Milestone Number B- Milestone Description C- Estimated Completion Timeframe of Milestone (Format: award + # of months) D- Is milestone contingent upon completion of another milestone (Y/N)? If yes, which milestone is it contigent upon (# from Column A)? E- What percentage of the Scope of Work is estimated to be completed with this milestone? F- Actual Completion Date of Milestone (Format: Month-Year) G- Estimated percentage of budget for the awarded Scope of Work spent on milestone Month Year 1#Review Bids for Planning Consultant 3 N 10.00%10.00% 2#Award contract to consultant 5 1 10.00%10.00% 3#30% level of design completed 18 Y (1,2)80.00%80.00% TOTAL 100.00%100.00% According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 16 of 34 16.A.3.c Packet Pg. 440 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 1 RESTORE Act Direct Component Applicant Certifications Department of the Treasury OMB Number 1505-0250 Directions: These certifications are required by federal law and Department of the Treasury (Treasury) regulations to be submitted with each application to Treasury for financial assistance under the RESTORE Act Direct Component. The certifications must be signed by an authorized senior official of the Applicant who can legally bind the entity and has oversight for the administration and use of the Direct Component funds. A. RESTORE Act Certification 1. Pursuant to the RESTORE Act, I certify that for any award agreement resulting from this application: (a) Each activity funded under this agreement has been primarily designed to plan for or undertake activities to restore and protect one or more of the following: the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast region. (b) Each activity funded under this agreement is designed to carry out one or more of the eligible activities for the Direct Component. (c) Each activity funded under this agreement was selected after consideration of all meaningful input from the public, including broad-based participation from individuals, businesses, Indian tribes, and nonprofit organizations, as described in the grant application. The certification in this paragraph (1)(c) does not apply to planning assistance funds to prepare and amend the Multiyear Implementation Plan. (d) Each activity funded under this agreement that protects or restores natural resources is based on the best available science, as that term is defined in 31 C.F.R. Part 34. (e) The Applicant has procedures in place for procuring property and services under this award that are consistent with the procurement standards applying to Federal grants. The Applicant will not request funds under this award for any contract unless this certification remains true and accurate. (f) Pursuant to 2 C.F.R. § 200.303, the Applicant will establish and maintain effective internal control over all award agreements resulting from this application, and provide reasonable assurance that the Applicant will manage the award in compliance with Federal statutes, regulations, and the terms and conditions of the award. The Applicant knows of no material deficiencies in its internal controls. . (g) A conflict of interest policy consistent with 2 C.F.R. § 200.318(c) is in effect and covering each activity funded under this Agreement. . (h) The Applicant will comply with Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and all other applicable federal laws and regulations concerning anti-discrimination. 2. I make each of these certifications based on my personal knowledge and belief after reasonable and diligent inquiry, and I affirm that the Applicant maintains written documentation sufficient to support each certification made above, and that the Applicant's compliance with each of these certifications is a condition of the Applicant's initial and continuing receipt and use of the funds provided under this Agreement. B. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions: Instructions for Certification 1. By signing and submitting this Application, the prospective primary participant (the Applicant) is providing the certification set out below. 2. The inability of an Applicant to provide the certification required below will not necessarily result in the denial of participation in this covered transaction. The prospective Applicant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with Treasury's approval of the proposed application. However, failure of the Applicant to furnish a certification or an explanation shall disqualify such person/entity from participation in this transaction. 3. This certification is a material representation of fact upon which reliance is placed when Treasury determines to enter into this transaction. If it is later determined that the Applicant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, Treasury may terminate this transaction for cause or default. 4. The Applicant shall provide immediate written notice to Treasury if at any time the Applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transactions," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal", and "voluntarily excluded," as used in this clause (certification), have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact Treasury for assistance in obtaining a copy of those regulations (31 C.F.R. Part 19). 6. The Applicant agrees by submitting this Application that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Treasury. 7. The Applicant further agrees by submitting this Application that it will not award any contract or subaward to any entity on the government-wide Excluded Parties List System (see 31 C.F.R. Part 19, Appendix). 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, Treasury may terminate this transaction for cause or default. C. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions Page 17 of 34 16.A.3.c Packet Pg. 441 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 2 1. The prospective primary participant (the Applicant) certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this Application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this Application had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Applicant is unable to certify to any of the statements in this certification, such Applicant shall attach an explanation to this proposal. D. Certification Regarding Drug-Free Workplace Requirements 1. The Applicant certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's workplace and specifying the actions that will be taken against the employee for violations of such prohibition; (b) Establishing a drug-free awareness program to inform employees about: (i) The dangers of drug abuse in the workplace; (ii) The Applicant's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance program; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment in such grant, the employee will: (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug use statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the granting agency in writing, within ten calendar days after receiving notice of a conviction under paragraph (d)(ii) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under paragraph (d)(ii), with respect to any employee who is so convicted: (i) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (f). E. Certification Regarding Lobbying 1. The Applicant certifies, to the best of its knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Application, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance is placed when this transaction is made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by title 31 U.S. Code section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certification Signature of Authorized Certifying Official Name Date 12/11/2017 Title * Deputy County Manager Oganization Collier County Board of County Commissioners According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information Page 18 of 34 16.A.3.c Packet Pg. 442 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 3 unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 19 of 34 16.A.3.c Packet Pg. 443 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 1 RESTORE Act Status of Performance Report Department of the Treasury OMB Number 1505-0250 Instructions for Completing Form The purpose of this form is to report the status of progress toward reaching priority goals of the eligible Direct Component (DC) activity/Centers of Excellence (COE) discipline (i.e., measuring success, rather than listing milestones or tasks). Please focus on a discrete number of priority goals (1-3) and the corresponding performance measures (1-5). Complete boxes shaded in blue. Goal(s): Anticipated result(s). State the priority goal(s) to be achieved with the grant award. Priority goal(s) should clearly identify with the eligible DC activity/COE discipline. Eligible Activity/Discipline #: For a DC grant, select the DC number from the drop-down list that corresponds to the DC Eligible Activity associated with that measure. For a (COE) grant, select the COE number from the drop down list that corresponds to the COE Eligible Discipline associated with that measure. The DC numbers and COE numbers, along with the corresponding Eligible Activities and Disciplines, are listed directly below. Direct Component (DC) Eligible Activities DC - 1 Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. DC - 2 Mitigation of damage to fish, wildlife, and natural resources. DC - 3 Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. DC - 4 Workforce development and job creation. DC - 5 Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. DC - 6 Infrastructure projects benefitting the economy or ecological resources, including port infrastructure. DC - 7 Coastal flood protection and related infrastructure. DC - 8 Planning assistance. DC - 9 Promotion of tourism in the Gulf Coast Region, including recreational fishing DC - 10 Promotion of consumption of seafood hravested from the Gulf Coast Region Centers of Excellence (COE) Eligible Disciplines COE - 1 Coastal and deltaic sustainability, restoration and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region. COE - 2 Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region. COE - 3 Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico. COE - 4 Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region. COE - 5 Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. Measure #: Starting with 1, number each performance measure. Measure: An indicator of success toward reaching a goal. This should reflect "how the applicant will evaluate success" from the narrative of an accepted multiyear plan. Baseline: The starting point of the measure. It is the status quo without the grant award. Target: The anticipated result of the measure. It is the anticipated new status with the grant award. Date: It is the anticipated date for reaching the target. Progress toward target (reporting period/cumulative): Leave blank on the initial report. For subsequent reports, record progress made during the reporting period and the progress made from the start date of the grant award through the current reporting period. Status/Next Steps: Briefly describe specific progress and/or challenges related to the measure. Applicant/Grantee:Collier County Board of County Commissioners Title: *Collier County Comprehensive Watershed Improvement Project Reporting Period Ending *Initial Report Year *2017 Goal(s): *30% design A- Eligible Activity/ Discipline # B- Measure # C- Measure D- Baseline E- Target F- Target Date G- Progress toward target (reporting period) H- Progress toward target (cumulative) I- Status/Next Steps Month Year DC-8 1 Number of planning deliverables completed 0 5 Jan 2021 0 0 According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 20 of 34 16.A.3.c Packet Pg. 444 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 1 RESTORE Act Environmental Checklist Department of the Treasury OMB Number 1505-0250 Directions: The following questions will aid the applicant in identifying the environmental laws that may apply to the eligible activity and the environmental documents that may be required from listed agencies and submitted with the grant application. Follow up to the questions should be listed in the table located on the last page of the checklist. Treasury will use the submittals to record the Applicant's assertion that it has complied with applicable environmental laws. Collier County ComprehensivePROPOSED PROJECT NAME: Watershed Improvement Project Collier County Board of County CommissionersAPPLICANT NAME: FEDERAL LAWS 1.1 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The NEPA of 1969 (42 U.S.C. 4321 et seq.) provides a national policy that encourages "productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man . . ." The NEPA requires that all federal agencies use a systematic, interdisciplinary approach for protection of the human environment; this approach will ensure the integrated use of the natural and social sciences in any planning and decision-making that may have an impact upon the environment. The NEPA also requires the preparation of a detailed Environmental Impact Statement (EIS) on any major federal action that may have a significant impact on the environment. An Environmental Review may be required based on the answers to the following questions: 1)Will the proposed activity be under the permitting authority of any federal agency? * No 2)Will the proposed activity receive federal assistance (other than RESTORE Act funding)? * No 3)Will the proposed activity be subject to any federal regulatory decision or approval? * No If the answer to any of these questions is "yes," contact the relevant federal agency or agencies for further guidance on environmental compliance. Additional information concerning NEPA can be found at: https://ceq.doe.gov 4)Has any environmental review (e.g., NEPA documentation or state or tribal equivalent) been prepared for this proposed eligible activity? * No If yes, please attach a copy of the documentation to this checklist. 1.2. COASTAL ZONE MANAGEMENT ACT (CZMA) A federal consistency determination or certification pursuant to Section 307 of the Coastal Zone Management Act may be required from the state coastal zone management program, based on the answers to the following questions: 1)Will the proposed activity occur in or near the state designated coastal zone *https://coast.noaa.gov/czm/media/StateCZBoundaries.pdf Yes 2)Is the activity likely to have reasonably foreseeable effects on any land or water use or natural resource of the designated coastal zone? * No If the answer to either of these questions is "yes," contact the State Coastal Zone Management Program for further guidance on federal consistency requirements in your state. Further guidance onhttps://coast.noaa.gov/czm/about/?redirect=301ocm federal consistency can be found at: https://coast.noaa.gov/czm/consistency 1.3 ENDANGERED SPECIES ACT (ESA) A consultation pursuant to Section 7 of the Endangered Species Act and/or a permit and conservation plan pursuant to Section 10 may be required based on the answers to the following questions: 1)Will the proposed activity occur in proximity to threatened or endangered species or critical habitat as defined by the ESA and under the jurisdiction of the National Marine Fisheries Service (NMFS), Species and Critical Habitat Found in the Southeast Region :: Southeast Regional Office () or the U.S. Fish and Wildlifehttp://sero.nmfs.noaa.gov Service (USFWS), IPaC: Home () *https://ecos.fws.gov/ipac/ No 2)Will the proposed activity potentially affect threatened or endangered species or critical habitat as defined by the ESA and under the jurisdiction of NMFS or USFWS? See ( http://sero.nmfs.noaa.gov/protected_resources/section_7/effects_guidance/endangered_species_act_section_7_ ) for further information. *effects_determination_web_guidance_final.pdf No If the answer to either of these questions is "yes," or you are unsure, contact the appropriate ecological services field office of the USFWS, ( and/or the Office of Protected Resources Program of the NMFS, (), tohttps://www.fws.gov/offices/http://www.nmfs.noaa.gov/pr/index.htm determine if consultation is required. Most consultations are conducted informally with the federal agency or a designated non-federal representative. Non-federal representatives may be involved in the informal consultation process and may request and receive species lists, prepare the biological assessment, and provide information for the formal consultation. However, the action agency is required to formally designate the non-federal representative in writing. Moreover, the ultimate responsibility for Section 7 obligations remains with the federal action agency. Further guidance concerning Section 7 consultations can be found in the Endangered Species Act Consultation Handbook at Centralized Library, Final Section 7 Consultation Handbook: U.S. Fish and Wildlife Service (). Further guidancehttps://www.fws.gov/policy/m0002.html concerning Section 10 permits and conservation plans for activities involving threatened or endangered marine and anadromous species can be found at (). For terrestrial or freshwater species or land-based sea turtle activities,http://www.nmfs.noaa.gov/pr/permits/ESA_permits.html further guidance concerning section 10 permits and habitat conservation plans can be found at ( )https://www.fws.gov/endangered/esa-library/index.html 1.4 MIGRATORY BIRD TREATY ACT AND BALD AND GOLDEN EAGLE PROTECTION ACT The Migratory Bird Treaty Act makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The migratory bird species protected by the Act are listed in 50 C.F.R. 10.13. The Bald and Golden Eagle Protection Act Page 21 of 34 16.A.3.c Packet Pg. 445 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 2 prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles [or any golden eagle], including their parts, nests, or eggs. The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." A permit may be required based on the answers to the following questions: 1)Will the proposed activity affect any migratory bird species protected by the Migratory Bird Treaty Act? * No 2)Will the proposed activity affect any bald or golden eagles protected by the Bald and Golden Eagle Protection Act? * No If the answer to either question is "yes" or you are unsure, contact the appropriate ecological services field office of the USFWS, ( ) More information can be found at (https://www.fws.gov/birds/policies-and-regulations/permits/regional-permit-contacts.php ) and (https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php )https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagleprotection-act.php 1.5 MAGNUSON - STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (FCMA) Consultation with the NMFS may be required if Essential Fish Habitat (EFH) is present and based on the answers to the following questions: 1)Will the proposed activity occur in proximity to Essential Fish Habitat as identified by the Protected Resources Program? ( and *http://www.fisherycouncils.org/http://www.nmfs.noaa.gov/sfa/management/councils/ No 2)Will the proposed activity potentially adversely affect EFH? * No If the answer to either of these questions is "yes" or you are unsure, contact the Office of Protected Resources Program of the NMFS, ( ), or Regional Fishery Management Council, (), to determine ifhttp://www.nmfs.noaa.gov/pr/index.htm http://www.fisherycouncils.org/ consultation is required. Further guidance concerning EFH can be found at, () Information abouthttp://www.habitat.noaa.gov/index.html consultations can be found in the Essential Fish Habitat Consultation Guidance at ( ).http://www.habitat.noaa.gov/pdf/efhconsultationguidancev1_1.pdf 1.6 MARINE MAMMAL PROTECTION ACT (MMPA) A permit may be required if an activity will result in the "take" of a marine mammal. Taking is defined as "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal." Permits for most marine mammals are issued by NMFS. Manatees, polar bears, sea otters, walruses, and dugongs, however, are under the jurisdiction of the USFWS. 1)Will the proposed activity occur in proximity to any known marine mammals? ( ) or () *http://www.nmfs.noaa.gov/pr/species/mammals/https://ecos.fws.gov/ipac/ No 2)Will the proposed activity potentially adversely affect EFH? * No If the answer to either of these questions is "yes" or you are unsure, contact the NMFS Office of Protected Resources Program ( ) or the appropriate USFWS ecological services office () to determine if a permit ishttp://www.nmfs.noaa.gov/pr/https://www.fws.gov/offices/ required. Further guidance concerning marine mammal permits can be found at ()http://www.nmfs.noaa.gov/pr/permits/mmpa_permits.html 1.7 MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (MPRSA) Titles I and II of the Marine Protection, Research, and Sanctuaries Act (MPRSA), also referred to as the Ocean Dumping Act, generally prohibits (1) transportation of material from the United States for the purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels; (3) dumping of material transported from outside the United States into the U.S. territorial sea. A permit may be required based on the answers to the following questions: 1)Does the proposed activity involve an activity covered by the MPRSA? * No If the answer to this question is "yes," contact the Environmental Protection Agency's (EPA) Office of Wetlands, Oceans, and Watersheds/Oceans and Coastal Protection Division for further guidance () or (https://www.epa.gov/aboutepa/about-office-water ). Further guidance about permits under the MPRSA can be found at (https://www.epa.gov/aboutepa/about-office-water#wetlands )https://www.epa.gov/laws-regulations/summary-marine-protection-research-and-sanctuaries-act 1.8 NATIONAL MARINE SANCTUARIES ACT Each National Marine Sanctuary has its own unique set of regulations. There are some regulatory prohibitions that are typical for many sanctuaries: 1) discharging material or other matter into the sanctuary; 2) disturbance of, construction on or alteration of the seabed; 3) disturbance of cultural resources; and 4) exploring for, developing or producing oil, gas or minerals (with a grandfather clause for preexisting operations). A permit may be required from the National Oceanic and Atmospheric Administration (NOAA) based on the answers to the following questions: 1)Is the proposed activity located in a National Marine Sanctuary ( *http://sanctuaries.noaa.gov/about/regions.html)? No If the answer to this question is "yes" contact the nearest Regional Office of NOAA's National Marine Sanctuaries Program for further guidance ()http://sanctuaries.noaa.gov/about/southeast.html 1.9 CLEAN WATER ACT (CWA) A separate type of permit is required to dispose of dredge or fill material in the Nation's waters, including wetlands. Authorized by Section 404 of the Act, this permit program is administered by the U.S. Army Corps of Engineers (USACE), subject to and using environmental guidance from the EPA. Some types of activities are exempt from permit requirements, including certain farming, ranching, and forestry practices that do not alter the use or character of the land; some construction and maintenance; and activities already regulated by States under other provisions of the Act. A permit may be required from the USACE based on the answers to the following questions: 1)Will the proposed activity result in any disposal of dredge or fill material to the nation's waters or wetlands? * No If the answer to this question is "yes," contact the Regulatory Program of the nearest District Office of the USACE for further guidance on Section 404 permits at ()http://w3.saj.usace.army.mil/permits/HQAvatar/ A Water Quality Certification (Section 401) is required for activities that may result in a discharge into navigable waters, including wetlands, watercourses, and natural or man-made ponds. A National Pollution Discharge Elimination System (NPDES) permit may also be required for such discharges. 1)Will the proposed activity result in any discharge to navigable waters? * No Page 22 of 34 16.A.3.c Packet Pg. 446 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 3 If the answer to this question is "yes," contact your state water quality agency for additional guidance. Further guidance concerning Section 401 or NPDES requirements can be found at () and ()http://www.epa.gov/owow/wetlands/waterquality https://www.epa.gov/npdes 1.10 CLEAN AIR ACT (CAA) Special conditions may be required on projects that could affect air quality, based on the answers to the following questions: 1)Will the proposed activity result in any direct or indirect emissions within a non-attainment area? ( ) *https://www.epa.gov/green-book/ozone-designation-and-classification-information No If the answer to this question is "yes," contact the nearest state air quality agency at () for further guidance onhttp://www.4cleanair.org/ determining conformity with the state implementation plan. 1.11 NATIONAL HISTORIC PRESERVATION ACT (NHPA) AND THE ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT (AHPA) Special conditions may be required on projects that could affect historic resources, based on the answers to the following questions: 1)Will the proposed activity occur near property listed or eligible for listing in the National Register of Historic Places (), or near property otherwise protected by section 106 of the National Historic Preservationhttp://www.nps.gov/nr Act () or a similar State Preservation Act? *http://www.achp.gov/work106.html No If the answer to this question is "yes," or you are unsure, contact your state historic preservation office () for furtherhttp://www.ncshpo.org/ guidance concerning compliance requirements. 1.12 COASTAL BARRIER RESOURCE ACT (CBRA) Federal funding may be prohibited for projects that occur on certain designated coastal barriers, based on the answer to the following questions: 1)Is the proposed activity located on an undeveloped coastal barrier designated by the Coastal Barriers Resources Act? ( *https://www.fws.gov/ecological-services/habitat-conservation/coastal.html No If the answer to this question is "yes," contact the appropriate USFWS ecological services office for further guidance at ( )https://www.fws.gov/ecological-services/habitat-conservation/cbra/PDF/field_offices_contact.pdf 1.13 RIVERS AND HARBORS ACT A permit may be required from the USACE based on the answers to the following questions: 1)Will the proposed activity involve any work (including structures) that will occur in, over or under navigable waters of the United States? * No If the answer to this question is "yes," contact the Regulatory Program of the nearest District Office of the USACE ( ) for further guidance on Section 10 permits. The USACE can authorize activities by ahttp://w3.saj.usace.army.mil/permits/HQAvatar/index.htm standard individual permit, letter-of-permission, nationwide permit, or regional permit. The USACE will make the determination on what type of permit is needed. 1.14 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) A RCRA permit may be required from the EPA or designated state agency based on the answers to the following question: 1)Will the proposed activity include the long-term storage, treatment, or disposal of hazardous materials or petroleum products? * No If the answer to this question is "yes," contact the nearest RCRA Regional Office of the EPA or state authorized agency for further guidance on RCRA compliance at ()https://www.epa.gov/compliance/resource-conservation-and-recovery-act-rcra-compliance-monitoring 1.15 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) Special provisions and requirements may apply based on the answer to the following question: 1)Will the proposed activity involve a Superfund site? () *https://www.epa.gov/superfund No If the answer to this question is "yes," contact the nearest Regional Office of the EPA for further guidance on CERCLA requirements at ( )https://www.epa.gov/aboutepa/visiting-regional-office 1.16 WILD AND SCENIC RIVERS ACT The Wild and Scenic Rivers Act prohibits federal support for actions such as the construction of dams or other instream activities that would harm the free-flowing condition, water quality, or outstanding resource values of a designated Wild and Scenic River. There are designated rivers in the Gulf Coast States and the Act may apply based on the answer to the following questions: 1)Is the proposed activity located on a designated Wild and Scenic River ( *http://www.rivers.gov/index.php)? No If the answer to this question is "yes," contact the appropriate USFWS ecological services office for further guidance at ( )https://www.fws.gov/where/ 1.17 SAFE DRINKING WATER ACT A permit may be required if the proposed activity will involve underground injection which may impact drinking water sources and based on the answer to the following question: 1)Will the proposed activity involve underground injection which may impact drinking water sources? * No If the answer to the question is "yes," contact the nearest state drinking water or underground injection control program at ( ). For further guidance, see (https://www.epa.gov/uic )https://www.epa.gov/uic/underground-injection-control-regulations-and-safe-drinking-water-act-provisions 1.18 FARMLAND PROTECTION POLICY ACT (FPPA) Page 23 of 34 16.A.3.c Packet Pg. 447 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 4 Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. The project may be subject to the FPPA based on the answers to the following questions: 1)Will the proposed activity irreversibly convert farmland (directly or indirectly) to nonagricultural use? * No If the answer to the question is "yes," contact your local office of the Natural Resources Conservation Service (NRCS) or USDA Service Center for further guidance at () and (http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/contact/local/ )http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/ EXECUTIVE ORDERS Executive Orders are directives from the President of the United States to federal agencies and officials. 2.1 E.O. 11988 AND E.O. 13690 - FLOODPLAIN MANAGEMENT Executive Order 11988, as amended by Executive Order 13690 requires that an eight-step process be followed for projects that may have potential impacts to or within floodplains. 1)Is the proposed activity located in a designated floodway or "V-zone" on a National Flood Insurance Program map: ( *http://msc.fema.gov/portal)? No If the answer to this question is "yes," contact the nearest Regional Office of the Federal Emergency Management Agency for further guidance at ()http://www.fema.gov/national-flood-insurance-program-bureau-statistical-agent-regional-support-offices 2.2 E.O. 11990 and E.O. 12608-WETLAND PROTECTION This Executive Order requires agencies to avoid providing assistance for new construction located in wetlands unless there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands, which may result from such use. The Executive Order defines wetlands: ¿(c) The term "wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds." ( ) For further guidance, contact the appropriate ecological services field office of the USFWS (https://www.fws.gov/wetlands/Data/Mapper.html )https://www.fws.gov/wetlands/NWI/RWC.html 1)Is any portion of the project proposing a new construction activity in wetlands? * No If the answer to this question is "yes," provide documentation in the grant application demonstrating that: (1) there is no practicable alternative, and (2) the proposed activity includes all practicable measures to minimize harm to wetlands. 2.3 E.O. 12898 - ENVIRONMENTAL JUSTICE This Executive Order requires that "each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations." 1)Will the proposed activity have disproportionately high and adverse human health or environmental effects on minority or low-income populations? * No If the answer to this question is "yes," see the Council on Environmental Quality website for further guidance on Environmental Justice: https://ceq.doe.gov/nepa_information/justice.html 2.4 E.O. 13089 - Coral Reef Protection This Executive Order requires that any actions that are authorized or funded by federal agencies not degrade the condition of coral reef ecosystems. Some of the Gulf Coast States contain coral reef ecosystems and include National Marine Sanctuaries ()http://sanctuaries.noaa.gov 1)Will the proposed activity involve a coral reef ecosystem or National Marine Sanctuary? * No If the answer to this question is "yes," contact the National Oceanic and Atmospheric Administration Coral Reef Conservation Program for further guidance at (). Further guidance regarding Executive Order 13089 can be found at (http://coralreef.noaa.gov/ )https://ceq.doe.gov/nepa/regs/eos/eo13089.html 2.5 E.O. 13112 - INVASIVE SPECIES This Executive Order requires agencies to prevent the introduction of invasive species and provide for their control. 1)Will the proposed activity have the potential to introduce or cause the spread of an invasive species? * No If the answer to this question is "yes," provide documentation demonstrating that the benefits of the activity clearly outweigh the potential harm caused by invasive species, and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. For further guidance on invasive species, see () or ()/http://www.invasivespeciesinfo.gov/index.shtml https://www.fws.gov/invasives 2.6 E.O. 13186 - RESPONSIBILITIES OF FEDERAL AGENCIES TO PROTECT MIGRATORY BIRDS This Executive Order requires the incorporation and promotion of migratory bird conservation considerations into all agency activities. The Gulf Coast States contain North American migration flyways. 1)Is the proposed activity likely to occur during a time of the year when migrating birds are in the vicinity? * No If the answer to this question is "yes," contact the appropriate USFWS ecological services office for further guidance at ( ). Further guidance regarding Executive Order 13186 can be found at () and (https://www.fws.gov/where/https://www.fws.gov/birds/index.php )https://www.fws.gov/birds/policies-and-regulations/executive-orders.php 2.7 E.O. 13653 - PREPARING THE UNITED STATES FOR THE IMPACTS OF CLIMATE CHANGE This Executive Order requires federal agencies to identify and support smarter, more climate-resilient investments by States, local communities, and tribes, including by providing incentives through agency guidance and grants. Page 24 of 34 16.A.3.c Packet Pg. 448 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 5 1) Will the proposed activity incorporate elements that promote climate-resilience (e.g., to rising sea levels)? * No If yes, include a brief description of the climate-resilient elements in the grant application proposed activity description. Executive Order 13563 can be found at () For further guidance, see (https://www.gpo.gov/fdsys/pkg/FR-2015-03-25/pdf/2015-07016.pdf )https://www.whitehouse.gov/administration/eop/ceq/sustainability Tracking Report Status Report the status of your contact with required agencies/tribes on the table below which coincides with the environmental laws outlined in the checklist. Provide the date of contact, name of agency/tribe contacted, location, and any necessary permit, certification, or other determination or mitigation proposed by the agency/tribe. If none, state so. Status of Contact Table Federal law as listed in checklist Date of contact Name of agency/tribe contacted Location Permit, certification, determination or mitigation required Coastal Zone Management Act 12/06/2017 Chris Stahl, Coordinator Florida State Clearinghouse Florida Department of Environmental Protection Tallahassee Florida No further action required - see documentation Certification Signature of Authorized Certifying Official Name Date 12/11/2017 Title * Deputy County Manager Organization Collier County Board of County Commissioners According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1505-0250. Comments concerning the time required to complete this information collection, including the time to review instructions, search existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Page 25 of 34 16.A.3.c Packet Pg. 449 Attachment: Application-Collier (5032 : Restore Grant Approval) Upload #1 Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Document Title:Email from Clearinghouse Page 26 of 34 16.A.3.c Packet Pg. 450 Attachment: Application-Collier (5032 : Restore Grant Approval) 1 CollierMindy From:Stahl, Chris [Chris.Stahl@dep.state.fl.us] Sent:Wednesday, December 06, 2017 2:35 PM To:CollierMindy Subject:RE: RESTORE Clearinghouse question While it is covered by EO 12372, the Florida State Clearinghouse does not select the project for review. You may proceed with your project. Please send future electronic requests directly to the State Clearinghouse email address, State.Clearinghouse@dep.state.fl.us. Good Luck. Chris Stahl Chris Stahl, Coordinator Florida State Clearinghouse Florida Department of Environmental Protection 2600 Blair Stone Road, M.S. 47 Tallahassee, FL 32399-2400 ph. (850) 717-9076 State.Clearinghouse@dep.state.fl.us From: CollierMindy [mailto:MindyCollier@colliergov.net] Sent: Wednesday, December 6, 2017 2:23 PM To: Stahl, Chris <Chris.Stahl@dep.state.fl.us> Subject: RESTORE Clearinghouse question Importance: High Hi Chris, I’m in Collier County now and have a dilemma/question. Collier County is submitting a project application to the RESTORE Direct Component pot (DUE 12/11) for PLANNING and treasury is telling me I need to get Clearinghouse review. The project is the development and conceptual design (to 30% level of design) of the Collier County Watershed Improvement Plan. The goal is to use the conceptual design to assist in the design and permitting of the plan – which will obviously be coming through your office. What do I need to send you for the review since this is really in the planning stage? ALSO, what is your current phone number. I believe I have an old one (850)245-2169 Thanks!! Respectfully, Mindy Lee Collier Operations Analyst Coastal Zone Management Page 27 of 34 16.A.3.c Packet Pg. 451 Attachment: Application-Collier (5032 : Restore Grant Approval) 2 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Dep Customer Survey Page 28 of 34 16.A.3.c Packet Pg. 452 Attachment: Application-Collier (5032 : Restore Grant Approval) Upload #2 Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Document Title:Authorization Letter Page 29 of 34 16.A.3.c Packet Pg. 453 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 30 of 34 16.A.3.c Packet Pg. 454 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 31 of 34 16.A.3.c Packet Pg. 455 Attachment: Application-Collier (5032 : Restore Grant Approval) Page 32 of 34 16.A.3.c Packet Pg. 456 Attachment: Application-Collier (5032 : Restore Grant Approval) Upload #3 Applicant:Collier County Board of County Commissioners Application Number:RDC2018000091 Project Title:Comprehensive Watershed Improvement Plan Project Development and Permitting Status:Submitted Document Title:Location Map Page 33 of 34 16.A.3.c Packet Pg. 457 Attachment: Application-Collier (5032 : Restore Grant Approval) Collier County Comprehensive Watershed Improvement Plan Projects Page 34 of 34 16.A.3.c Packet Pg. 458 Attachment: Application-Collier (5032 : Restore Grant Approval)