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HomeMy Public PortalAbout20200528PacketMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org MEETING HELD VIA ZOOM A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL May 28, 2020 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation: Jan LeViner, Clerk of Council Pledge of Allegiance Announcements Consideration of the approval of the minutes of the meetings of the Tybee island City Council 1. Minutes,City Council Meeting, May 14, 2020 2. Minutes, Special Meeting May 19, 2020 Consideration of Approval of Consent Agenda Public Hearings 3. Private Parking Lot in Residential Area, Russell Bridges, 1001 Butler Avenue Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 4. Coco's Sunset Grille-1A Old US Hwy 80: add beer/wine package sales and Sunday sales to existing alcohol license for take-out orders Consideration of Bids, Contracts, Agreements and Expenditures 5. City Manager admin assistant requesting funds transfer to cover current shortage and future invoices through fiscal year end. This line item pays for legal fees from Ellis, Painter, Ratterree & Adams LLP 6. Agreement: Earth Balance Corporation to implement a Sand Fence Installation Project 7. University of Georgia Agreement, National Fish and Wildlife Foundation Grant 1 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Council, Officials and City Attorney Considerations and Comments 8. Shirley Sessions: Distribution of monies allocated for 4th of July Fireworks be distributed among local businesses 9. Bubba Hughes: Status of EOM Engineering Contract Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 2 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 1. Minutes,City Council Meeting, May 14, 2020 3 City Council Minutes, May 14, 2020 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those attending via Zoom were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes, City Council Meeting, April 23, 2020  Notes, City Council Workshop, April 28, 2020  Beach Task Force Appointments o Cathy Lewis – Chair o Mark Padgett – Vice Chair o Frank Wooldridge o Helen Downing o Jimmy Burke o Harvey Ferrell o Joe Richardson o Kate Burnes o Cathy Sakas o Michael Foran o Sam Adams Opening Ceremonies  Call to Order  Invocation: Rev Sue Jackson, Trinity Methodist Church  Pledge of Allegiance Monty Parks made a motion to approve the consent agenda. Nancy DeVetter seconded. Vote was unanimous, 6-0 Consideration of Bids, Contracts, Agreements and Expenditures Lease, American Tower, 78 Van Horn. Mr. Hughes stated the City has been approached by American Tower requesting the pole behind the Tybee Island Police Station lease terms be changed. His recommendation at this point is not to do anything as the terms are favorable. Monty Parks made a motion to approve as written. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Proposed Contract/Lease, Telecom Tower Rentals. Mr. Hughes stated this is a lease of a temporary tower and to construct the foundation. Staff has been working toward this end for some time. The contract has been negotiated and is compliant with Georgia law and he is recommending approval. John Branigin made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Street Sweeper Lease, Repurchase Agreement and Resolution. Dr. Gillen stated this is an agreement for a lease for the street sweeper and the maintenance would be done by the vendor. Mr. Hughes stated the updated lease document is not in the current packet before Mayor and Council. He further stated the Repurchase Agreement will be approved when the Lease Agreement is approved. He is asking Mayor and Council to authorize the Mayor to sign documents once approved by the City Manager, City Engineer and himself. All final documents will be 4 compliant with Georgia law. Mr. Parks confirmed with Dr. Gillen this is time sensitive as the streets are in need of attention due to sand and trash. Spec Hosti made a motion to approve the Mayor signing the documents once finalized. Barry Brown seconded. Vote was unanimous to approve, 6-0. National Fish and Wildlife Agreement and Resolution. Mayor Sessions stated this agenda item is part of the $5M Grant. Dr. Gillen stated Alan Robertson is on the call and will explain the Agreement. Alan Robertson joined the meeting. Mr. Robertson stated the City applied for the National Fish and Wildlife Grant last summer and was awarded the Grant in November 2019. The Agreement has been received and he is asking for approval. The Grant is for $125,000 and also commits to spend the balance of the project costs, $175,000. The total project is $300,000 which is a yearlong project to assess options to mitigate flooding on the Back River and will be undertaken by the University of Georgia. He has the draft agreement that is being reviewed by the University of Georgia and hoping to have finalized and will bring to Mayor and Council on May 28, 2020. Tybee’s share of this project is $175,000 which is budgeted under the DCA Agreement. Mr. Parks asked if the $175,000 is on a reimbursement basis. Mr. Robertson confirmed. Mayor pro tem Brown asked how the gaps will be filled. Mr. Robertson stated it is the agreement with UGA they will do the analysis and bring a plan to the City. It is his intention to have an advisory board made up of the Beach Task Force and others so residents will have direct input. Mayor pro tem Brown expressed his concerns with the area around Alley 3 as there was a great deal of water on Chatham Avenue during a recent hurricane. Mr. Robertson confirmed. Mayor Sessions thanked Mr. Robertson for his hard work and in developing relationships with parties that are critical to the success of these projects. Monty Parks made a motion to approve. Jay Burke seconded. Vote was unanimous to approve, 6-0. Budget Amendment to Cover Shortages in Service Contracts and Telephone/Internet Costs from various accounts. Dr. Gillen stated this agenda item as the funds were not projected in the current budget. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 6-0. Consideration of Ordinances, Resolution Second Reading, 2020-03, Administrative Fine, Municipal Beach Rules. Monty Parks stated the intent of this proposed ordinance is to cover some of the beach issues: dogs on beach; glass on the beach; litter; being in the dunes; smoking on the beach; fires on the beach; and some talk about the sandbar violations. By taking this from the TIPD there could be better enforcement on the beach. Initially he feels the fines could start at $50.00 a ticket but feels it should be $100.00 per ticket. Mr. Hosti confirmed as it will provide the TIPD officers more time to take care of more serious violations. Dr. Gillen stated Mayor and Council would set the fines and tickets would have to be ordered. He continued, this is the first order of the Administrative Services of the TIPD which used to be Code Enforcement, Animal Control and Beach Patrol. It now would become the Administrative Services Division and will put additional staff on the beach. Ms. DeVetter asked if the current costs could be used. Dr. Gillen responded there are only a couple of fines that are currently set which include court costs. Mr. Parks indicated with the Administrative Services violations, they would not be heard by the Tybee Island Judge which would preclude the possibility of the violation being dismissed and no fines collected. Mayor pro tem Brown recommended not lowering the fines as this is a way to enforce the beach rules. Mr. Burke recommended the fines need to be high. Mr. Hughes confirmed this is considered an administrative penalty, a civil penalty that is handled much like a parking ticket; an administrative procedure which could be appealed to the City Manager as this is not a police event. Mr. Parks and Ms. DeVetter expressed their concerns with the amount of violations with dogs on the beach and suggested many residents may receive violations. Mayor pro tem Brown stated he would 5 recommend the fines be high to ensure compliance. Dr. Gillen stated this cannot be a revenue generator but should be compliant with the beach rules. Mr. Burke made a recommendation there be a flat fee for all violations of $300.00. Dr. Gillen confirmed. Ms. DeVetter stated she would recommend different amounts as each violation has a different level of severity. Mr. Hosti recommended all fines set at $100.00. Mayor Sessions asked if signage have the fines outlined. Dr. Gillen responded in the negative. Mayor Sessions asked Dr. Gillen to add the fine structures to the beach signs. Dr. Gillen confirmed. Mr. Parks recommended Mayor and Council review the penalties as listed on the proposed ordinance and confirm they are enforceable. Mayor Sessions expressed her concerns with beach goers walking in the dunes and the associated fines. Mr. Burke recommended one fine amount for all violations. Ms. DeVetter confirmed and recommended the fine amount be set at $300.00 for all violations. Spec Hosti made a motion to approve the proposed ordinance with a set fine of $300.00 for all violations listed. Jay Burke seconded. Discussion: Ms. DeVetter recommended fire on the beach, fishing pier misuse and Alley 3 disruption be added to the motion. Ms. Hughes stated there is a draft ordinance that contains specific provisions that are already ordinances and we are setting the civil penalties but it has been suggested to add fishing pier misuse and Alley 3 disruption. He does not believe these are existing ordinances and would like review prior to adding to the proposed ordinance. Votes was unanimous to approve the motion by Mr. Hosti, 6-0. Council, Officials and City Attorney Considerations and Comments Mayor Sessions stated she has concerns with crowd control and spacing as related to the proposed firework celebration for the 4th of July. She posed the question, does Council feel the fireworks need to be cancelled or postponed until later in the summer. After speaking with Michelle Owens, Main Street/Downtown Development, it is recommended that municipalities concentrate on doing events that would attract smaller crowds. Mayor Sessions asked Dr. Gillen if he has spoken with the fireworks vendor. Dr. Gillen responded he has spoken with the vendor, Brian Fisher, and the discussions were held with moving forward, postponing or cancelling the fireworks. Dr. Gillen reminded Mayor and Council of the large crowds from years past which caused public safety issues and would recommend the fireworks be postponed or cancelled. He shared his concerns with traffic and crowds, both day and night traffic and crowds. Chief Bryson stated it will be a challenge for the TIPD regarding potential crowds, social distancing and traffic. Mayor Sessions thanked Chief Bryson and his staff for their dedication to the City. Mr. Branigin stated if the City of Savannah and other local municipalities are not doing fireworks, this will put an additional burden on the City of Tybee regarding crowd control and would recommend cancelling. Mayor Sessions stated she did reach out to the respective parties in Savannah for their plans for fireworks on the 4th of July. To date, she has not heard from them. Spec Hosti made a motion to have the City Manager make the decision regarding fireworks on the 4th of July. There was not a second to the motion. Discussion: Mr. Parks stated he is not in favor of having 4th of July fireworks celebration. Barry Brown made a motion to cancel the 4th of July fireworks celebration for 2020. Monty Parks seconded. Discussion: Ms. DeVetter recommended the cost of the fireworks be shared among the businesses on the Island. Mr. Hughes asked Dr. Gillen to speak with Mr. Fisher regarding the cancellation of the fireworks. Dr. Gillen confirmed and stated the cost of the fireworks is approximately $25,000 and there has not been a down payment. The vote was unanimous to cancel the fireworks for 4th of July 2020, 6- 0. Bubba Hughes stated the City has received a request from John Mowry to purchase a piece of property at 1010 19th Street. Mr. Hughes explained the Clerk has reached out to all the Department Heads for their recommendations regarding the purchase. It is the consensus of the Department Heads, the City not move forward with selling the property as it is a part of the right- 6 of-way on 19th Street. Spec Hosti made a motion to deny. Monty Parks seconded. Vote was unanimous to deny 6-0. Bubba Hughes made reference to the Latest Executive Order and Potential Response/Plan, dated May 12, 2020 which extends the closure of bars and live music venues and added to the restriction of some businesses as well as those that are over the age of 65 until June 12, 2020. He continued, all other restrictions expire May 31, 2020. Mr. Hughes explained, due to certain restrictions, the City Council meeting is being conducted via Zoom. Mayor Sessions asked if this applies to the upcoming budget workshops. Mr. Hughes confirmed as the meetings should be held remotely. Mayor Sessions asked for further clarification regarding the essential services/needs language in the executive order. She stated Mayor and Council were elected to work for the residents and not being able to have an effective meeting is not being effective. Mr. Hughes stated he consulted with GMA regarding the meeting this evening and their opinion was since remote meetings were possible, it is their recommendation the City Council meeting be held remotely. Mayor Sessions asked Mr. Hughes to reach out to Governor Kemp’s office for a clarification regarding conducting an in person meeting as she feels the budget workshop is considered an effective meeting. Mr. Hughes confirmed. John Branigin stated the Tybee YMCA is re-opening on May 18, 2020 and will be limited on what can be done while using social distancing. He discussed their protocols for entering the gym. What they are asking for is the use of the entire gym. Half, north-end, will be used for a camp for kids and they would like the option to use the south-end half of the gym for group exercise activities. Mr. Branigin continued, this would infringe upon the contract agreement which indicates half of the gym would be constantly open for use by residents. This information regarding hours of operation would be posted to the website. He feels this is a legitimate request and is the only way the YMCA can effectively operate the camp for the youth. Mr. Branigin would recommend the City Manager work directly with the Director, Haley Hill, to set up the use of the gym. Mr. Hughes stated under the new executive order there are extensive requirements to include signage. Mr. Branigin confirmed there is adequate signage posted. Monty Parks made a motion to have Dr. Gillen negotiate with Ms. Hill for the use of the entire gym to include the south-end of the gym to use for their exercise classes through August 2020. Barry Brown seconded. Vote was unanimous to approve, 6-0. Dr. Gillen presented Outside Dining Options. He stated he had a conference call with several restaurants and it is their desire to have additional seating for the remainder of the season. Dr. Gillen recommended additional outdoor seating which would assist in generating additional business for the summer season and still comply with the Governor’s order. Dr. Gillen stated in the South-end Overlay District outdoor seating in the public right-of-way is allowed, limited, but allowed. Mr. Shaw stated in the South-end Overlay District businesses are allowed to register with the City and can put tables and/or merchandise in the sidewalk as long as there is a 4’ path for pedestrians. In the north-end this is not an option. One option might be to waive parking requirements which would allow owners to place tables in their own parking lot, should they have one. Another option might be to place tables outside the business footprint. Mr. Hosti asked Mr. Hughes how this would be handled. Mr. Hughes responded as long as we are under the Emergency Declaration, the City could propose a motion which would expire in thirty days. He recommended Mayor and Council pass an ordinance allowing Staff to permit additional tables where necessary, case by case basis. Spec Hosti made a motion to allow restaurants that can take advantage of having additional outside seating in the City right-of-way, parking area, or their footprint through the end of the calendar year with Staff’s approval. Discussion: Mr. Parks asked if Mr. Hughes would craft a Resolution and bring back to Mayor and Council for their consideration. It was recommended there be a Special Meeting held prior to the upcoming Budget 7 Workshop on Tuesday, May 19, 2020. John Branigin seconded. Vote was unanimous to approve, 6-0. Discussion: Mr. Hughes stated he will circulation a proposed Resolution and asked Mr. Shaw to forward his plan. Mayor Sessions stated she just received a text message from Mayor Johnson, City of Savannah, stating there has not been a decision regarding their 4th of July fireworks and is expected on Friday, May 15, 2020. Monty Parks made a motion to adjourn to Executive Session to discuss Real Estate. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to return to regular session. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 8:35PM. ______________________________ Janet R. LeViner, MMC Clerk of Council 8 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 2. Minutes, Special Meeting May 19, 2020 9 City Council Special Meeting Minutes, May 19, 2020 Mayor Sessions called the Special Meeting to order at 3:30PM. Those attending via Zoom were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of Council. Expanding Outdoor Dining Options. Mr. Hughes explained the agenda item before Mayor and Council regarding allowing additional outdoor seating to those businesses that do not have that option currently. Spec Hosti made a motion to approve the Resolution as written which would end on June 12, 2020. John Branigin seconded. Vote was unanimous to approve, 6-0. Barry Brown made a motion to adjourn to the Budget Workshop. John Branigin seconded. Vote was unanimous, 6-0. Meeting adjourned at 3:45PM. ______________________________ Janet R. LeViner, MMC Clerk of Coiuncil 10 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 3. Private Parking Lot in Residential Area, Russell Bridges, 1001 Butler Avenue 11 12 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 4. Coco's Sunset Grille-1A Old US Hwy 80: add beer/wine package sales and Sunday sales to existing alcohol license for take-out orders 13 14 15 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 5. City Manager admin assistant requesting funds transfer to cover current shortage and future invoices through fiscal year end. This line item pays for legal fees from Ellis, Painter, Ratterree & Adams LLP 16 Date Received by Finance: FINANCE USE ONLY: Date:Packet No. Purpose: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance Zoning Contract Services 100-7220-52-1300 177,900.00 17,129.57 160,770.43 54,000.00 106,770.43 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM DECREASES:54,000.00$ xx Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance Law Legal/Lawsuits/All Depts 100-1530-52-1203 260,000.00 236,069.70 23,930.30 54,000.00 77,930.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM INCREASES:xx 54,000.00$ Net Change 54,000.00$ 54,000.00$ Signature :Melissa Freeman Date __________________ ____________________________________ Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________Date:____________________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting Approved by: ___________________________________________ Date: __________________ CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM TRANSFER REQUEST FORM City Manager 5/19/2020 Department Submitted By: Funds needed to cover shorage in Legal expenditure line item through fiscal year end Budget Adjustment Requested LINE ITEM DECREASES BA Ref No. LINE ITEM INCREASES Signature of Finance Employee who Processed the Request: 17 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 6. Agreement: Earth Balance Corporation to implement a Sand Fence Installation Project 18 19 20 21 22 23 24 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 7. University of Georgia Agreement, National Fish and Wildlife Foundation Grant 25 A RESOLUTION 2020-_____ A RESOLUTION TO ACCEPT A UNIVERSITY OF GEORGIA RESEARCH FOUNDATION INC. AGREEMENT TO UNDERTAKE A STUDY OF THE BACK RIVER AREA IN CONNECTON TO THE NATIONAL FISH AND WILDLIFE GRANT Whereas, the City of Tybee Island (“City”) has invested significant time and money in working with a variety of agencies including the US Army Corps of Engineers and the Georgia Department of Natural Resources to build and maintain its coastal resilience through regular beach nourishment, dune restoration, and dune vegetation, and Whereas, the strengthening and maintenance of the City’s coast and marsh are vital to its protection from storm and flood events and its economic growth and vitality as a popular summer resort destination, and Whereas, an understanding of the current situation of the tidal salt marsh area locally known as the Back River, backed by scientific research and engineering analysis and design, is critically important to future improvements and potential flood mitigation solutions, and Whereas, the City applied for a National Fish and Wildlife Foundation (NFWF) grant and has been awarded a $125,000 grant based on that application project definition, scope, rationale, and goals, and approved acceptance of the grant at its May 13, 2020 Council meeting, and Whereas, the NFWF grant specifies the University of Georgia as a sub-grantee to perform the substance of the project work, Now therefore be it resolved by the Mayor and Council, the City of Tybee Island, in open meeting, duly assembled that the Mayor is hereby authorized to execute all appropriate documents in connection with the University of Georgia Foundation Inc Agreement as part of the NFWF Back River Proejct and the Clerk of Council is authorized to Attest the Mayor's signature on such documents. This ______ day of May, 2020. City of Tybee Island City Council __________________________ Shirley Sessions, Mayor Attest: _________________________ Janet LeViner, CMC 7526 FDP Cost Reimbursement Subaward Federal Awarding Agency: Pass-Through Entity (PTE): Subrecipient: PTE Federal Award No: Subaward No: PTE PI: Sub PI: Project Title: Subaward Period of Performance (Budget Period): Start: End: Amount Funded This Action (USD): $ Estimated Project Period (if incrementally funded): Start: End: Incrementally Estimated Total (USD): $ Terms and Conditions DateDate Title: By an Authorized Official of the PTE: __________________________________________________ Name: Title: By an Authorized Official of the Subrecipient: __________________________________________________ Name: FDP SEPT 2019 . . 1.PTE hereby awards a cost reimbursable Subaward, (as determined by 2 CFR 200.330), to Subrecipient. The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be anindependent entity and not an employee or agent of PTE. 2.Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305. All invoices shall be submitted using Subrecipient’s standard invoice, but at a minimum shall include current and cumulative costs (including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices andquestions concerning invoice receipt or payments shall be directed to the party's Contact, shown in Attachment 3A. 3. A final statement of cumulative costs incurred, including cost sharing, marked "FINAL" must be submitted to PTE’s Contact, as shown in Attachment 3A, not later than 60 days after theThe final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party’s Principal Investigator as shown in Attachments 3A and 3B. Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this Subaward, andany changes requiring prior approval, shall be directed to the PTE's Contact and the Subrecipient’s Contact shown in Attachments 3A and 3B. Any such change made to this Subaward requires the written approval of each party’s Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Period of Performance and budget . Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's Contact, as shown in Attachment 3B. 8.Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowed by law. 9.Either party may terminate this Subaward with 30 days written notice. PTE notice shall be directed to the Contact, and Subrecipient notice shall be directed to theContact as shown in Attachments 3A and 3B. PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable. 10.By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions ("RTCs") of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this Subaward to comply with all applicable laws, regulations, and requirements. 27 Attachment 1 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any 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 in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending 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 Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the PTE. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 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. Debarment, Suspension, and Other Responsibility Matters (2 CFR 200.213 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Per 2 CFR 200.501- 200.521, Subrecipient certifies that it will provide notice of any adverse findings which impact this Subaward and will provide access to records as required by parts 2 CFR 200.336, 200.337, and 200.201 as applicable. If Subrecipient is not subject to the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and provide access to such audits upon request. Program for Enhancement of Contractor Employee Protections (41 U.S.C 4712)Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.C §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 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 subrecipients shall certify and disclose accordingly. Use of Name Neither party shall use the other party’s name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Subaward Number: 28 Attachment 2 Federal Award Terms and Conditions Required Data Elements General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: Subaward Number The data elements required by Uniform Guidance are incorporated This Subaward Is: Research & Development Subject to FFATA Federal Award Issue Date FAIN CFDA No. Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted material (including any computer software and its documentation and/or databases) first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE’s obligations to the Federal Government under its Federal Award. 5. Key Personnel Per NOA Treatment of program income: 1.To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency’s website: 2.2 CFR 200 3.The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4.Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: a.No-cost extensions require the written approval of the PTE. Any requests for a no-cost extension shall be directed to the Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b.Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms andConditions and Agency-Specific Requirements are replaced with Terms and Conditions (1) through (4) of this Subaward; and c.Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d.Title to equipment as defined in 2 CFR 200.33 that is purchased or fabricated with research funds or Subrecipient cost sharing funds,as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313.e.Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel (defined as listed on the NOA). except for the following : Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity’s Financial Conflicts of Interest policy (COI) will apply: If applying its own COI policy, by execution of this Subaward, Subrecipient certifies that its policy complies with the requirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE’s Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall, when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. Special Terms and Conditions: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. Data Sharing and Access: Awarding Agency Institute (If Applicable) CFDA Title 29 No Human or Vertebrate Animals Additional Terms Work Involving Human or Vertebrate Animals (Select Applicable Options) Human Subjects Data (Select One) 30 Subaward Number: Attachment 3A Pass-Through Entity (PTE) Contacts PTE Information Entity Name: Legal Address: Yes No Invoice email (if different): Website: PTE Contacts Central Email: Principal Investigator Name: Email: Administrative Contact Name: Email: COI Contact email (if different to above): Financial Contact Name: Email invoices? Authorized Official Name: Email: Email: Telephone Number: Telephone Number: Telephone Number: Telephone Number: PI Address: Administrative Address: Invoice Address: 31 Attachment 3B Subrecipient Contacts Yes Subaward Number: Zip Code Look-up Subrecipient Information for FFATA reporting Entity's UEI/DUNS Name: No This section for U.S. Entities: Congressional District: Zip Code+4: Institution Type: Currently registered in SAM.gov: Yes Exempt from reporting executive compensation:No (if no, complete 3Bpg2) Legal Address: Subrecipient Contacts Email: Administrative Address: Payment Address: Telephone Number:Email: Administrative Contact Name: Telephone Number: Telephone Number: Telephone Number:Email: Invoice/Payment Email: Authorized Official Name: Financial Contact Name: Email: Principal Investigator Name: Central Email: Website: EIN No.: Place of Performance Address FDP 3B.1 JAN 2020 UEI/DUNS: Parent UEI/DUNS: 32 Attachment 3B-2 Highest Compensated Officers Subaward Number: Subrecipient: Institution Name: Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: PI Name: Officer 2 Compensation: Officer 3 Compensation: Officer 4 Compensation: Officer 5 Compensation: Officer 3 Name: Officer 4 Name: Officer 5 Name: 33 Attachment 4 Reporting and Prior Approval Terms to the PTE’s . Such report shall also include a detailed budget for the next Budget Period, Subaward Number: Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE’s days prior to the end of each budget period Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: within days of Monthly technical/progress reports will be submitted to the PTE’s of the end of the month. Annual technical / progress reports will be submitted within updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. days of thewithin in order for the PTE A Final technical/progress report will be submitted to the PTE’s end of the Project Period or after termination of this award, whichever comes first. Technical/progress reports on the project as may be required by PTE’s to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Other Reports: In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via iEdison and PTE's within 60 days after Subrecipient’s inventor discloses invention(s) in writing to Subrecipient’s personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE’s within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report (only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: . 34 Attachment 5 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description % Budget Information Subaward Number: Cost Sharing If Yes, include Amount: $ Below Attached,pages Direct Costs $ Indirect Costs $ Total Costs $ All amounts are in United States Dollars Indirect Information Indirect Cost Rate (IDC) Applied Rate Type: Budget Details Budget Totals 35 SCOPE OF WORK City of Tybee Island Subcontract with the University of Georgia “City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA) project” Project Statement: The City of Tybee Island needs assistance in carrying out research, outreach and planning for a coastal resilience project funded by the National Fish and Wildlife Foundation. UGA will utilize expertise from Marine Extension and Georgia Sea Grant, the Institute for Resilient Infrastructure Systems, College of Environment and Design and Skidaway Institute of Oceanography to implement a design process that will aim to enhance natural features and protections to reduce flooding impacts on critical human infrastructure and fish and wildlife habitat. The project will launch initial measures for the assessment and prioritized identification of integrated design strategies thus increasing resilience to storm and flood events. Project Steps & Timeline The project timeline may change, due to closures and mandated social distancing from the COVID-19 virus. Dates will likely be adapted as Georgia and Tybee Island responds to this threat. POSTPONED - March 31 on Tybee Island, GA and continuing quarterly throughout project – Advisory Group meeting to introduce project and seek input on process and next steps April-May 2020 – Gather localized data on flooding, infrastructure risks, socio-economic trends and other relevant impacts to aid in modeling, data assessment and design May 18, 2020 on Tybee Island, GA – City of Tybee Island Planning Commission meeting to introduce project and seek input on process and next steps May 19, 2020 on Tybee Island, GA – Educational Workshop for Advisory Group to inform key stakeholders on potential adaptation options, participatory mapping to get local knowledge on flooding May 19, 2020 on Tybee Island, GA – Open House Town Hall to share what has been done to date in planning for sea level rise and flooding on Tybee Island and begin educating the public on green, grey and blue adaptation actions June-August in Athens, GA - Preliminary modeling and suitability analysis to show conceptual levels of risk, aid in the development of customized flood hazard maps and identify specific design challenges. Complete marsh migration, storm surge with sea level rise and overland flow routing models. July-August 2020 – Develop and implement survey on risk perceptions of flooding and sea level rise, community values, ranking of various adaptation measures and willingness/tolerance to pay with different cost estimates August 2020 in Athens, GA – Work with undergraduate and graduate students in College of Environment and Design and College of Engineering classes on modeling and design. Formulate alternative scenarios for enhancing flood protection and improved habitat function. 36 September 2020 on Tybee Island, GA – Design Charrette to generate alternative adaptation and design concepts that will be combined and incorporated into final plan. October-December 2020 in Athens, GA – Students will create vignettes and perspectives of different scenarios. October-December 2020 in Athens, GA – Incorporate model outputs and alternative designs into a spatial multi-criteria decision analysis. January-February 2021 – Public Input Meetings at the neighborhood level and with key stakeholders to decide weights and help weight, rank and prioritize options for the Multi-Criteria Decision Analysis (MCDA) March-April 2021 – Write final report, prioritizing alternatives based on performance criteria, public input and cost-benefit analysis. April 14, 2021 - Written materials due to Tybee City Council April 22, 2021 - Final presentation to Tybee City Council, who will consider plan for implementation April 2021 – Open House Town Hall to share project results with residents, partners, advisory group members and other key stakeholders Project Deliverables • Survey results • Plan formulation process that can be replicated in future planning • Benefit-cost analysis • Multi-Criteria Decision Analysis (MCDA) • Alternative flood hazard maps that account for future conditions and corroborated with people who live there • Student renderings that envision what different scenarios would look like • Final report that will include an array of prioritized design options, available independently and in combination, for consideration by Tybee Island’s City Council. These alternatives will include preliminary conceptual design, estimated monetary costs, risks of implementing and risks of not implementing, impact on fish and benthic natural habitats, protection of vital infrastructure, and relative time and ease of implementation. They will meet the 50-60% design criteria required by the conditions of the Grant and provide the basis for a “Go/No Go” decision by City Council. due • Desired outcomes: o 50 critical infrastructure assets or facilities with enhanced protection o 50 properties with enhanced protection o 15 volunteers participating o 5 government entities participating o Tybee to apply to NFWF for Final Design and Permitting funding (phase 2) 37 Escalation 1.02 Personnel Annual Rate Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Total Principal Investigator %Cal Acad Sum Gambill 67,812 Calendar Salary 26%3.09 17,462 17,462 Benefits @ 49%8,557 8,557 Co-PI 136,449 Academic Salary 11%0.99 15,000 15,000 Landry Benefits @ 33%4,950 4,950 45,483 Summer salary 0.00 - - - - - - Benefits @ 24.37%- - - - - - Co-PI 76,500 Academic Salary 3%0.29 2,500 2,500 Calabria Benefits @ 33%825 825 25,500 Summer salary 0.00 - - - - - - Benefits @ 24.37%- - - - - - Co-PI 89,595 Academic Salary 3%0.25 2,500 2,500 Vick, Robert A.Benefits @ 33%825 825 29,865 Summer salary 0.00 - - - - - - Benefits @ 24.37%- - - - - - Co-PI 76,149 Academic Salary 13%1.18 10,000 10,000 Smith, Alison Lynn Benefits @ 33%3,300 3,300 25,383 Summer salary 0.00 - - - - - - Benefits @ 24.37%- - - - - - Co-PI 230,808 Academic Salary 4%0.39 10,000 10,000 Bledsoe Benefits @ 33%3,300 3,300 76,936 Summer salary 0.00 - - - - - - Benefits @ 24.37%- - - - - - UGA GIS Tech 50,000 Calendar Salary 10%1.19 4,940 4,940 Benefits @ 49%2,421 2,421 SkIO Technicians 50,000 Calendar Salary 30%3.60 15,000 15,000 Benefits @ 49%7,350 7,350 2 CENGR Graduate Assistants PhD 1 24,495 77%9.21 18,800 18,800 Benefits 5%940 940 CAES Graduate Assistants PhD 1 24,495 77%9.21 18,800 18,800 Benefits 5%940 940 Undergraduate Students - - - - - - - Total Personnel (includes fringe)148,408 - - - - 148,408 Total Fringe 33,407 - - - - 33,407 EQUIPMENT - - - - - - - - - - TRAVEL 16,426 - - - - 16,426 Domestic $16,426 16,426 Foreign - PARTICIPANT SUPPORT - - - - - - Stipends - Travel - Subsistence - Other - SUPPLIES 10,753 - - - - 10,753 Supplies 2,753 2,753 Survey 8,000 8,000 - - - - CONSULTANTS - - - - - - - - - OTHER DIRECT COSTS - - - - - - Graduate Tuition - - - - - SUBCONTRACTS - - - - - - - - - - Total Direct Costs 175,587 - - - - 175,587 *Modified Total Direct Costs 175,587 - - - - 175,587 Indirect costs @ 26.0%45,653 - - - - 45,653 Total Costs 221,240 - - - - 221,240 *If you have a subcontract make sure to subtract everything above the first $25,000 of the sub from indirect costs in MTDC calculation KEY Green - insert salaries Purple insert % effort type of cost $$ amount of cost change indirect cost rate accordingly with your college's rates If you fill in these parts everything will auto-calculate % Effort Person Months 38 BUDGET JUSTIFICATION University of Georgia A. Senior Personnel Ms. Jill Gambill, PI, will commit 3.09 month(s) of Calendar Year salary in each project year. She will also commit additional time as needed in order to accomplish the project goals. She will serve a project manager on the UGA subcontract, help lead outreach and public engagement, serve as the core liaison with the City of Tybee Island, prepare manuscripts for publication, disseminate project results at conferences, and assist Tybee Island in preparing reports to NFWF. Ms. Gambill’s rate of pay is $67,812 per Calendar Year. Dr. Craig Landry, Co-PI, will commit .99 month(s) of Academic Year salary in each project year. He will supervise graduate students, perform the research as described in the Project Description, assist in outreach, prepare manuscripts for publication and disseminate project results at conferences. Dr. Landry’s rate of pay is $136,499 per Academic Year. Mr. Alfred Vick, Co-PI, will commit .25 month(s) of Academic Year salary in each project year. He will supervise graduate students, perform the research as described in the Project Description, assist in outreach, prepare manuscripts for publication and disseminate project results at conferences. Mr. Vick’s rate of pay is $89,595 per Academic Year. Dr. Jon Calabria, Co-PI, will commit .29 month(s) of Academic Year salary in each project year. He will supervise graduate students, perform the research as described in the Project Description, assist in outreach, prepare manuscripts for publication and disseminate project results at conferences. Dr. Calabria’s rate of pay is $76,500 per Academic Year. Ms. Alison Smith, Co-PI, will commit 1.18 month(s) of Academic Year salary in each project year. She will supervise graduate students, perform the research as described in the Project Description, assist in outreach, prepare manuscripts for publication and disseminate project results at conferences. Ms. Smith’s rate of pay is $76,149 per Academic Year. Dr. Brian Bledsoe, Co-PI, will commit .39 month(s) of Academic Year salary in each project year. He will supervise graduate students, perform the research as described in the Project Description, assist in outreach, prepare manuscripts for publication and disseminate project results at conferences. Dr. Bledsoe’s rate of pay is $230,808 per Academic Year. B. Other Personnel B1. Other Professionals Funds are requested for a UGA GIS Tech in Year 1 for 1.19 month(s) of Calendar Year salary. The UGA GIS Tech will help gather and manage data and assist with modeling. The rate of pay for this position is $50,000 per Calendar Year. Funds are requested for a SkIO Technician in Year 1 for 3.60 month(s) of Calendar Year salary. The SkIO Technician will help gather and manage data and assist with modeling. The rate of pay for this position is $50,000 per Calendar Year. B2. Graduate Students 39 Funds are requested for 2 PhD-level Calendar-year or Academic-year graduate students in year 1 for 9.21 months of Calendar Year salary. One graduate student under the direction of Dr. Bledsoe will [help gather and manage data and assist with modeling. The second student, under the direction of Dr. Landry, will assist with survey implementation and assessment and cost-benefit analysis. C. Fringe Benefits Fringe benefits are estimated at: Annual Salaries (above $75,000) – 33% Annual Salaries (between $50,000 and $74,999) – 49% Graduate Assistantships – 5% Fringe benefits are charged at actual rates as these expenses accrue. E. Travel E1. Domestic Travel Funds of $16,426 are requested in year 1 for Gambill, Landry, Calabria, Vick, Smith and Bledsoe and other project personnel to travel to Tybee Island to conduct research and outreach. Costs include: Transportation - $0.575 per mile x 240 miles = $138 per leg of trip Lodging - $139 per night peak season, $118 off season Per diem - $61 Total for 3-day, 2-night trip to Tybee Island (peak season) = $461 $461 x 9 project members x 1 trip = $4,149 Total for 3-day, 2-night trip to Tybee Island (off season) = $419 $419 x 9 project members x 1 trip = $3,771 $419 x 6 PIs x 1 trip = $2,514 Travel funds will also cover a class of 20 students traveling to Tybee Island for a Design Charrette. This will entail 20 students in shared rooms on a 2-day, 1-night trip to Tybee Island (off season): $1,500 for food + $1180 lodging = $2,680 Mileage for 4 vehicles x 3 trips (assumes carpooling) = $3,312 G. Other Direct Costs G1. Materials and Supplies $2,753 is requested for supplies over the life of the project. This will be used to purchase materials for the outreach events and Design Charrette, such as flip charts, pens, paper, laminated posters and other supplies. G6. Other $8,000 is requested for the survey panel. The survey will have a sample size of 400 people recruited through a survey panel provider for $20 per individual. I. Indirect Costs Indirect costs are calculated at the federally negotiated rate of 26% MTDC for off-campus public service projects per the F&A Rate Agreement negotiated with the Department of Health & Human Services. 40 Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. Subaward Number: 41 Page 1 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENT 1. NFWF PROPOSAL ID: 65186 2. NFWF GRANT ID: 0318.19.065186 3. UNIQUE ENTITY IDENTIFIER (DUNS #) 010689321 4. INDIRECT COST RATE (REFERENCE LINE 17 for RATE TERMS) N/A 5. SUBRECIPIENT TYPE State or Local Government 6. NFWF SUBRECIPIENT City of Tybee Island 7. NFWF SUBRECIPIENT CONTACT 8. NFWF GRANTS ADMINISTRATOR/NFWF CONTACT INFORMATION Alan Robertson 403 Butler Avenue PO BOX 2749 Tybee Island, GA 31328 Tel: 847-525-5040 arobertson@cityoftybee.org Arielle Mion National Fish and Wildlife Foundation 1133 15th Street, N.W. Suite 1000 Washington, D.C. 20005 Tel:202-857-0166 Fax: 202-857-0162 Arielle.Mion@nfwf.org 9. PROJECT TITLE City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA) 10. PROJECT DESCRIPTION Utilize a design approach focused on the interface of engineering, hydrology, ecology, and social science to enhance natural features and protections that reduce flooding impacts on critical human infrastructure and fish and wildlife habitat. Project will launch initial measures for the assessment and prioritized identification of integrated design strategies thus increasing resilience to storm and flood events. 11. PERIOD OF PERFORMANCE January 15, 2020 to January 14, 2021 12. TOTAL AWARD TO SUBRECIPIENT $125,000 13. TOTAL FED. FUNDS $125,000 14. TOTAL NON-FED. FUNDS N/A 15. FEDERAL MATCH REQUIREMENT N/A 16. NON-FEDERAL MATCH REQUIREMENT $175,000 17. SUBRECIPIENT INDIRECT COST RATE TERMS The rate specified in Line 4 reflects that the Subrecipient has elected not to claim an indirect cost rate and that this election shall apply throughout the project’s period of performance. 18. TABLE OF CONTENTS SEC.DESCRIPTION 1 NFWF Agreement Administration 2 NFWF Agreement Clauses 3 Representations, Certifications, and Other Statements – General 4 Representations, Certifications, and Other Statements Relating to Federal Funds- General 5 Representations, Certifications, and Other Statements Relating to Federal Funds – Funding Source Specific 6 Other Representations, Certifications, Statements and Clauses 42 Page 2 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL A. FUNDING SOURCE (FS)B. NFWF FS ID C. FS AWARD DATE TO NFWF D. FAIN E. TOT FED. AWARD TO NFWF F. TOT OBLG. TO SUBRECIPIENT G. CFDA National Oceanic and Atmospheric Administration FC.R418 8/27/2019 NA19NOS4730148 $29,850,000 $125,000 11.473 20. NOTICE OF AWARD The National Fish and Wildlife Foundation (NFWF) agrees to provide the NFWF Award to the NFWF Subrecipient for the purpose of satisfactorily performing the Project described in a full proposal as identified on line 1 and incorporated into this Grant Agreement by reference. The NFWF Award is provided on the condition that the NFWF Subrecipient agrees that it will raise and spend at least the amount listed on lines 15 and 16 in matching contributions on the Project, as applicable. The Project must be completed, with all NFWF funds and matching contributions spent, during the Period of Performance as set forth above. All items designated on the Cover Page and the Table of Contents are incorporated into this Grant Agreement by reference herein. NFWF Subrecipient agrees to abide by all statutory or regulatory requirements, or obligations otherwise required by law, required of a subrecipient of Federal grant or cooperative agreement funds. Subrecipient is obligated to notify NFWF if any of the information on the Cover Page changes in any way, whether material or immaterial. A. NAME AND TITLE OF AUTHORIZED SUBRECIPIENT SIGNER (Type or Print)D. NAME AND TITLE OF NFWF AWARDING OFFICIAL Holly A. Bamford, PhD, Chief Conservation Officer B. SUBRECIPIENT BY C. DATE E. NATIONAL FISH AND WILDLIFE FOUNDATION BY F. DATE See Reporting Schedule on the following page. 43 Page 3 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 21. REPORTING DUE DATES/SUBRECIPIENT REPORTING SCHEDULE Task Due Date Reporting Task June 15, 2020 Interim Programmatic Report October 31, 2020 Annual Financial Report April 14, 2021 Final Programmatic Report April 14, 2021 Final Financial Report 44 Page 4 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 SECTION 1 AGREEMENT ADMINISTRATION 1.1.Project Description/Purpose of Grant. Utilize a design approach focused on the interface of engineering, hydrology, ecology, and social science to enhance natural features and protections that reduce flooding impacts on critical human infrastructure and fish and wildlife habitat. Project will launch initial measures for the assessment and prioritized identification of integrated design strategies thus increasing resilience to storm and flood events. 1.2.Amendments. During the life of the Project,the NFWF Subrecipient is required to inform the NFWF Grants Administrator of any changes in contact information or in the Project scope of work,as well as any difficulties in completing the performance goals articulated by the Project description immediately. If the NFWF Subrecipient determines that the amount of the budget is going to change in any one budget category by an amount that exceeds 10%of the Award,the NFWF Subrecipient must seek prior written approval from the Grants Administrator.NFWF Subrecipients must seek an amendment request upon determination of a deviation from the original Grant Agreement as soon as such deviation is detected.However,NFWF may initiate the amendment if NFWF determines an amendment is necessary at any time.Amendment requests are to be submitted via NFWF’s Easygrants system. 1.3.Matching Contributions. Matching Contributions consist of cash,contributed goods and services,volunteer hours,and/or property raised and spent for the Project.Matching Contributions for the purposes of this Project must meet the following criteria:(1)Are verifiable from the NFWF Subrecipient’s records;(2)Are not included as contributions for any other Federal award;(3)Are necessary and reasonable for the accomplishment of project or program objectives;(4)Are allowable under OMB Cost Principles;(5) Are not paid by the U.S.Government under another Federal award except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs when authorized by Federal statute;(6)Are provided for in the approved budget when required by the Federal awarding agency;(7)Are committed directly to the project and must be used within the period of performance as identified in this Grant Agreement;(8)Otherwise conform to the law; and,(9)Are in compliance with the requirements of Section 2 of this Grant Agreement concerning Compliance with Anti-Corruption,Anti-Money Laundering,Terrorist Financing,and Trafficking in Persons Statutes and Other Restrictions. 1.3.1.Documentation and Reporting of Matching Contributions.The NFWF Subrecipient must retain detailed time records for contributed services and original receipts and appraisals of real property and comparable rentals for other contributed 45 Page 5 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 property at its place of business in the event of an audit of the NFWF Subrecipient as required by applicable Federal regulations. 1.3.2.Cash,Goods and Services,and/or Property.The NFWF Subrecipient must report to NFWF as a part of the Final Report,the Matching Contributions received by the NFWF Subrecipient and expended in connection with the Project.Fair market value of donated goods and services,including volunteer hours,shall be computed as outlined in §200.306 of 2 CFR Subtitle A,Chapter II,Part 200,Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards,(hereinafter “OMB Uniform Guidance”),regardless of whether this Grant Agreement is federally funded. 1.3.3.Property.The NFWF Subrecipient may have a third party donor submit a letter to NFWF,documenting the fair market value and date of a Matching Contribution and stating that the donation is non-Federal,voluntary,and intended to qualify as a Matching Contribution.A letter provided to document a donation of real property must be accompanied by an appraisal by a certified appraiser;a letter provided to document rental of equipment or space must list three comparable rentals in the location of the Project. 1.4.Payment of Funds. To be eligible to receive funds,NFWF Subrecipient must (1)return to NFWF an original executed copy of the grant agreement for the Project;(2)submit any due financial and programmatic reports;and (3)submit a complete and accurate payment request.NFWF Subrecipient may request funds by submitting a Payment Request via Easygrants.NFWF Subrecipient may request advance payment of funds prior to expenditure provided that (1)NFWF Subrecipient demonstrates an immediate need for advance payment;and (2)NFWF Subrecipient documents expenditure of advanced funds on the next payment request and/or required financial report to NFWF.Approval of any advance payment of funds is made at the sole discretion of NFWF,based on an assessment of the NFWF Subrecipient's needs.In all other cases,funds are disbursed on a reimbursable basis. NFWF reserves the right to retain up to ten percent (10%)of funds until submission and acceptance of the final reports. 1.5.Reports. 1.5.1 Interim Programmatic and Financial Reports. The NFWF Subrecipient will submit interim programmatic and financial reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement.The interim programmatic report shall consist of written statements of Project accomplishments since Project initiation,or since the last reporting period,and shall be uploaded via NFWF’s Easygrants system.The interim financial report shall consist of financial information detailing cumulative receipts and expenditures made under this Project since Project initiation, and shall be uploaded via NFWF’s Easygrants system. 1.5.2.Annual Financial Report. An annual financial report detailing cumulative receipts and expenditures made under this Project is required annually,due on October 31st of each year of the grant term.In the annual financial report,the NFWF Subrecipient must report the amount of NFWF Funds expended during NFWF’s fiscal year (October 1 –September 30).The NFWF Subrecipient must enter a justification when there is a difference between the amount disbursed by 46 Page 6 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 NFWF and the amount expended by the grantee.Failure to submit an annual financial report in a timely manner will delay payment of submitted payment requests. 1.5.3.Final Reports. No later than 90 days after the completion of the Project,the NFWF Subrecipient will submit (1)a Final Financial Report accounting for all Project receipts,Project expenditures, and budget variances (if any)compared to the approved budget;(2)a Final Programmatic Report summarizing and evaluating the accomplishments achieved during the Period of Performance;(3)copies of any publications,press releases and other appropriate products resulting from the Project;and (4)Photographs as described in Section 1.5.3.1 below.The final reports and digital photo files should be uploaded via NFWF’s Easygrants system.Any requests for extensions of the final reports submission date must be made in writing to the NFWF Grants Administrator and approved by NFWF in advance. 1.5.3.1.Photographs. Together with the Final Programmatic Report NFWF Subrecipient will submit a representative number (minimum of 5)of high-resolution (minimum 300 dpi) photographs depicting the Project.Photographs should be uploaded via NFWF’s Easygrants system as individual .jpg files.NFWF requests,as appropriate for the Project,before-and-after images of the Project,images of species impacted by the Project,and images of staff/volunteers working on the Project.In the Final Programmatic Report narrative include for each submitted photograph the date the photograph was taken,the location of the photographed image,caption, photo credit,and any other pertinent information.By uploading photographs to NFWF’s Easygrants system the NFWF Subrecipient certifies that the photographs are unencumbered and may be used by NFWF and Project Funders as part of or separately from the permissions pertaining to the use of posting of Final Reports in Section 2. 1.5.4 Significant Developments. The NFWF Subrecipient shall report on events that may occur between the scheduled performance reporting dates that have a significant impact on the Project.Such reporting shall be made as soon as the following conditions become known: 1.5.4.1 Problems,delays,or adverse conditions which will materially impair the ability to meet the Project objective.This disclosure must include a statement of the action taken,or contemplated,and any assistance needed to resolve the matter; and, 1.5.4.2 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. 1.5.5.Certification and Representation. For each report in this section,except for 1.5.4,NFWF Subrecipient shall include the appropriate certification and representation pursuant to section 4.8. 47 Page 7 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 1.6.Access to Records. NFWF Subrecipient shall maintain all records connected with this Agreement for a period of at least three (3) years following the date of final payment or the close-out of all pending matters or audits related to this Agreement, whichever is later. NFWF or any of its authorized representatives shall have access to such records and financial statements upon request, as shall Inspectors General, the Comptroller General of the United States or any of their authorized representatives if the Funding Source or any funding entity (i.e., a secondary funding source) is a federal agency and/or any portion of the Project provided herein is paid with federal funds. NFWF Subrecipient must maintain records that demonstrate its compliance with federal statutory and regulatory requirements and that it is meeting the subaward project goals. Records for real property and equipment acquired with federal funds must be retained for at least three (3) years following disposition. 48 Page 8 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 SECTION 2 NFWF AGREEMENT CLAUSES 2.1.Restrictions on Use of Funds. The NFWF Subrecipient agrees that any funds provided by NFWF and all Matching Contributions will be expended only for the purposes and programs described in this Grant Agreement.No funds provided by NFWF pursuant to this Grant Agreement or Matching Contributions may be used to support litigation expenses,lobbying activities,or any other activities not authorized under this Grant Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. 2.2.Assignment. The NFWF Subrecipient may not assign this Grant Agreement,in whole or in part,to any other individual or other legal entity without the prior written approval of NFWF. 2.3.Subawards and Contracts. When making subawards or contracting,NFWF Subrecipient (1)shall abide by all required granting and contracting procedures,including but not limited to those requirements of the OMB Uniform Guidance;(2)shall ensure that all applicable federal,state and local requirements are properly flowed down to the subawardee or contractor,including but not limited to the provisions of the OMB Uniform Guidance;and (3)shall ensure that such subaward or contracting complies with the requirements in Section 2.9.2 of this Grant Agreement concerning Compliance with Anti- Corruption,Anti-Money Laundering,Terrorist Financing,and Trafficking in Persons Statutes and Other Restrictions.NFWF Subrecipient shall also include in any subaward or contract a similar provision to this,requiring the use of proper grant and contracting procedures and subsequent flow down of federal, state and local requirements to lower-tiered subawardees and contractors. 2.4.Unexpended Funds. Any funds provided by NFWF and held by the NFWF Subrecipient and not expended at the end of the Period of Performance will be returned to NFWF within ninety (90)days after the end of the Period of Performance. 2.5.Publicity and Acknowledgement of Support. The NFWF Subrecipient gives NFWF the right and authority to publicize NFWF's financial support for this Grant Agreement and the Project in press releases,publications and other public communications.NFWF Subrecipient agrees to:(i)give appropriate credit to NFWF and any Funding Sources identified in this Grant Agreement for their financial support in any and all press releases,publications,annual reports,signage,video credits,dedications,and other public communications regarding this Grant Agreement or any of the project deliverables associated with this Grant Agreement,subject to any terms and conditions as may be stated in Section 5 and Section 6 of this Agreement;and (ii)include the disclaimer provided for herein.The NFWF Subrecipient must obtain prior NFWF approval for the use relating to this Award of the NFWF logo or the logo of any Funding Source. 2.5.1.Disclaimers. Payments made to the NFWF Subrecipient under this Grant Agreement do not by direct reference or implication convey NFWF’s endorsement nor the endorsement by any other 49 Page 9 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 entity that provides funds to the NFWF Subrecipient through this Grant Agreement, including the U.S.Government,as applicable,for the Project.All information submitted for publication or other public releases of information regarding this Grant Agreement shall carry the following disclaimer: For Projects funded in whole or part with Federal funds:"The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S.Government or the National Fish and Wildlife Foundation and its funding sources.Mention of trade names or commercial products does not constitute their endorsement by the U.S.Government,or the National Fish and Wildlife Foundation or its funding sources." For Projects not funded with Federal funds:“The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the National Fish and Wildlife Foundation or its funding sources.Mention of trade names or commercial products does not constitute their endorsement by the National Fish and Wildlife Foundation or its funding sources." 2.6.Posting of Final Reports. The NFWF Subrecipient hereby acknowledges its consent for NFWF and any Funding Source identified in this Grant Agreement to post its final reports on their respective websites.In the event that the NFWF Subrecipient intends to claim that its final report contains material that does not have to be posted on such websites because it is protected from disclosure by statutory or regulatory provisions,the NFWF Subrecipient shall so notify NFWF and any Funding Source identified in this Grant Agreement and clearly mark all such potentially protected materials as “PROTECTED,”providing an accurate and complete citation to the statutory or regulatory source for such protection. 2.7.Website Links. The NFWF Subrecipient agrees to permit NFWF to post a link on any or all of NFWF’s websites to any websites created by the NFWF Subrecipient in connection with the Project. 2.8.Evaluation. The NFWF Subrecipient agrees to cooperate with NFWF by providing timely responses to all reasonable requests for information to assist in evaluating the accomplishments of the Project for a period of five (5)years after the project end date,unless if any litigation,claim,or audit is started (irrespective of the NFWF Subrecipient’s involvement in such matter)before the expiration of the 5-year period,the records shall be retained until all litigation,claims or audit findings or pending matters involving the records have been resolved and final action taken.NFWF shall notify NFWF Subrecipient if any such litigation, claim or audit takes place so as to extend the retention period. 2.9.Compliance with Laws. 2.9.1 In General.The NFWF Subrecipient agrees to conduct all such activities in compliance with all applicable Federal,State,and local laws,regulations,and ordinances and to secure all appropriate necessary public or private permits and consents.The terms of this provision will survive termination of this Grant Agreement and must be flowed down to any and all contractors,subcontractors or subrecipients entered into by NFWF Subrecipient in the performance of this Grant Agreement. 50 Page 10 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 2.9.2.Compliance with Anti-Corruption, Anti-Money Laundering, Terrorist Financing, and Other Restrictions. 2.9.2.1.The NFWF Subrecipient shall ensure that no payments have been or will be made or received by the NFWF Subrecipient in connection with this Agreement in violation of the U.S.Foreign Corrupt Practices Act of 1977,as amended (15 U.S.C.§dd‐1 et seq.),the UK Bribery Act 2010,or any other applicable anti- corruption laws or regulations in the countries in which the NFWF Subrecipient performs under this Grant Agreement. 2.9.2.2.The NFWF Subrecipient shall not provide material support or resources directly or indirectly to,or knowingly permit any funds provided by NFWF pursuant to this Grant Agreement or Matching Contributions to be transferred to, any individual,corporation or other entity that the NFWF Subrecipient knows,or has reason to know,commits,attempts to commit,advocates,facilitates,or participates in any terrorist activity,or has committed,attempted to commit, advocated,facilitated or participated in any terrorist activity,including,but not limited to,the individuals and entities (1)on the master list of Specially Designated Nationals and Blocked Persons maintained by the U.S.Department of Treasury’s Office of Foreign Assets Control,which list is available at www.treas.gov/offices/enforcement/ofac;(2)on the consolidated list of individuals and entities maintained by the “1267 Committee”of the United Nations Security Council at http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml;(3)on the consolidated list maintained by the U.S.Department of Commerce at http://export.gov/ecr/eg_main_023148.asp,or (4)on such other list as NFWF may identify from time to time. 2.9.2.3 .The NFWF Subrecipient shall ensure that its activities under this Grant Agreement comply with all applicable U.S.laws,regulations and executive orders regarding money laundering,terrorist financing,U.S.sanctions laws,U.S.export controls,restrictive trade practices,boycotts,and all other economic sanctions or trade restrictions promulgated from time to time by means of statute,executive order,regulation or as administered by the U.S.Department of State,the Office of Foreign Assets Control,U.S.Department of the Treasury,or the Bureau of I n d u s t r y a n d S e c u r i t y , U . S . D e p a r t m e n t o f C o m m e r c e . 2.10.Arbitration. All claims,disputes,and other matters in question arising out of,or relating to this Grant Agreement,its interpretation or breach,shall be decided through arbitration by a person or persons mutually acceptable to both NFWF and the NFWF Subrecipient.Notice of the demand for arbitration shall be made within a reasonable time after the claim,dispute,or other matter in question has arisen.The award rendered by the arbitrator or arbitrators shall be final.The terms of this provision will survive termination of this Grant Agreement. 51 Page 11 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 2.11. Indemnity. The NFWF Subrecipient shall indemnify and hold harmless NFWF,any Funding Source identified in this Grant Agreement,their respective officers,directors,agents,and employees in respect of any and all claims,injuries,losses,diminution in value,damages,liabilities,whether or not currently due,and expenses including without limitation,settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions or liabilities arising from or in connection with the Project.The terms of this provision will survive termination of this Grant Agreement. 2.12.    Defense and Insurance. NFWF recognizes that the NFWF Subrecipient is an agency of a sovereign state and the NFWF Subrecipient reserves all immunities,defenses,rights or actions arising out of its sovereign status or under the Eleventh Amendment to the United States Constitution.No waiver of the NFWF Subrecipient immunities,defenses,rights or actions shall be implied or otherwise deemed to exist by reason of entry into this Agreement.   Each Party to this Agreement shall be solely responsible for any and all actions,suits,damages, liability or other proceedings brought against it as a result of the alleged negligence,misconduct, error or omission of any of its officers,agents or employees.Neither party is obligated to indemnify the other party or to hold the other party harmless from costs or expenses incurred as a result of such claims;and each shall continue to enjoy all rights,claims and defenses available to it under law.   Each Party shall be responsible for any liabilities,damages,or claims arising out of injuries or property damage suffered by any person as a result of the negligent or willful conduct or actions of its own trustees,officers,employees or agents or as a result of that party’s negligence or willful misconduct in the performance of this Agreement.   The NFWF Subrecipient may meet any or all insurance obligations under this Agreement with a program or programs of self‐insurance or statutory protections.   2.13.Choice of Law/Jurisdiction. This Grant Agreement shall be subject to and interpreted by the laws of the District of Columbia, without regard to choice of law principles.By entering into this Grant Agreement,the NFWF Subrecipient agrees to submit to the jurisdiction of the courts of the District of Columbia.The terms of this provision will survive termination of this Grant Agreement. 2.14.Termination. 2.14.1.Upon the occurrence of any of the following enumerated circumstances,NFWF may terminate this Grant Agreement,or any portion thereunder,for default effective upon receipt by the NFWF Subrecipient of NFWF’s written notice of termination,or as otherwise specified in the notice of termination: 2.14.1.1.The NFWF Subrecipient is adjudged or becomes bankrupt or insolvent, is unable to pay its debts as they become due,or makes an assignment for the benefit of its creditors; or, 52 Page 12 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 2.14.1.2.The NFWF Subrecipient voluntarily or involuntarily undertakes to dissolve or wind up its affairs; or, 2.14.1.3.In the event of suspension or debarment by the Government of the NFWF Subrecipient; or, 2.14.1.4.In the event of any breach of the requirements set forth in Section 2 of this Grant Agreement concerning Compliance with Anti-Corruption,Anti-Money Laundering,Terrorist Financing,and Trafficking in Persons Statutes and Other Restrictions; or, 2.14.1.5.In the event NFWF learns that NFWF Subrecipient has an organizational conflict of interest,or any other conflict of interest,as determined in the sole discretion of NFWF, that NFWF believes cannot be mitigated; or, 2.14.1.6.After written notice and a reasonable opportunity to cure the perceived non-compliance with any material term of this Grant Agreement.The cure period shall be considered the timeframe specified by the Government,if any,minus one (1)to five (5)days or as agreed upon by the Parties in writing,or if no time is specified by the Government,ten (10)days or as otherwise agreed upon by the Parties.Within this time period the NFWF Subrecipient shall,as determined by NFWF,(a)satisfactorily demonstrate its compliance with the term(s)originally believed to be in non-compliance;or (b)NFWF,at its sole discretion,may determine that NFWF Subrecipient has satisfactorily demonstrated that reasonable progress has been made so as not to endanger performance under this Grant Agreement. 2.14.2.Either Party may terminate this Grant Agreement by written notice to the other Party for any reason by providing thirty (30)days’prior written notice to the other Party. NFWF shall have the right to terminate this Agreement in whole or in part at any time,if the Funding Source issues an early termination under the funding agreement(s)covering all or part of the Project at issue hereunder. 2.14.3.In the event of termination of this Grant Agreement prior to Project completion, the NFWF Subrecipient shall immediately (unless otherwise directed by NFWF in its notice if NFWF initiated the termination)undertake all reasonable steps to wind down the Project cooperatively with NFWF, including but not limited to the following: 2.14.3.1.Stop any portion of the Project’s work that is incomplete (unless work to be completed and a different date for termination of work are specified in NFWF’s notice). 2.14.3.2.Place no further work orders or enter into any further subawards or contracts for materials,services or facilities,except as necessary to complete work as specified in NFWF’s notice. 2.14.3.3.Terminate all pending Project work orders,subawards,and contracts for work that has not yet commenced. 53 Page 13 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 2.14.3.4.With the prior written consent of NFWF,promptly take all other reasonable and feasible steps to minimize and/or mitigate any damages that may be caused by the failure to complete the Project,including but not limited to reasonable settlements of any outstanding claims arising out of termination of Project work orders, subawards, and contracts. 2.14.3.5.Deliver or make available to NFWF all data,drawings,specifications, reports,estimates,summaries,and such other information and material as may have been accumulated by the NFWF Subrecipient under this Grant Agreement, whether completed or in progress. 2.14.3.6. Return to NFWF any unobligated portion of the Award. 2.15.Entire Agreement. These terms and conditions,including the Attachments hereto,constitute the entire agreement between the Parties relating to the Project described herein and supersede all previous communications,representations,or agreements,either oral or written,with respect to the subject matter hereof.No representations or statements of any kind made by any representative of a Party, which are not stated herein, shall be binding on said Party. 2.16.Severability. Each provision of this Grant Agreement is distinct and severable from the others.If one or more provisions is or becomes invalid,unlawful,or unenforceable in whole or in part,the validity, lawfulness and enforceability of the remaining provisions (and of the same provision to the extent enforceable)will not be impaired,and the Parties agree to substitute a provision as similar to the offending provision as possible without its being invalid, unlawful or unenforceable. 2.17.Interpretation and Construction. 2.17.1.This Grant Agreement shall be interpreted as a unified contractual document with the Sections and the Attachments having equal effect,except in the event of any inconsistency between them.In the event of a conflict between any portion of this Grant Agreement and another portion of this Grant Agreement,first the Sections will apply,then any supplemental attachments. 2.17.2.The title designations of the provisions to this Grant Agreement are for convenience only and shall not affect the interpretation or construction of this Grant Agreement. 2.17.3.Every right or remedy conferred by this Grant Agreement upon or reserved to the Parties shall be cumulative and shall be in addition to every right or remedy now or hereafter existing at law or in equity,and the pursuit of any right or remedy shall not be construed a selection. 2.17.4.The failure of NFWF to exercise any right or privilege granted hereunder or to insist upon the performance and/or compliance of any provision of this Grant Agreement, 54 Page 14 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 a referenced contractual,statutory or regulatory term,or an Attachment hereto,shall not be construed as waiving any such right,privilege,or performance/compliance issue,and the same shall continue in full force and effect. 2.17.5.Notwithstanding any express statements regarding the continuation of an obligation beyond the expiration or termination of this Grant Agreement,the rights and obligations of this Grant Agreement which by their nature extend beyond its expiration or termination shall remain in full force and effect and shall bind the Parties and their legal representatives, successors, heirs, and assigns. 55 Page 15 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 SECTION 3 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS GENERAL 3.1.Binding Obligation. By execution of this Grant Agreement,NFWF Subrecipient represents and certifies that this Grant Agreement has been duly executed by a representative of the NFWF Subrecipient with full authority to execute this Grant Agreement and binds the NFWF Subrecipient to the terms hereof. After execution by the representative of the NFWF Subrecipient named on the signature page hereto,this Grant Agreement represents the legal,valid,and binding obligation of the NFWF Subrecipient, enforceable against the NFWF Subrecipient in accordance with its terms. 3.2.Additional Support. In making this Award,NFWF assumes no obligation to provide further funding or support to the NFWF Subrecipient beyond the terms stated in this Grant Agreement. 3.3.Compliance with Laws. By execution of this Grant Agreement and through its continued performance hereunder,the NFWF Subrecipient represents and certifies that it is conducting all such activities in compliance with all applicable Federal,State,and local laws,regulations,and ordinances and to secure all appropriate necessary public or private permits and consents. 3.4.Conflicts of Interest. By execution of this Grant Agreement,NFWF Subrecipient acknowledges that it is prohibited from using any Project funds received under this Grant Agreement in a manner which may give rise to an apparent or actual conflict of interest,including organizational conflicts of interest,on the part of the NFWF Subrecipient.Such a conflict of interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.The officers,employees,and agents of NFWF Subrecipient may neither solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts.An organizational conflict of interest is defined as a relationship that because of relationships with a parent company,affiliate,or subsidiary organization,the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.The NFWF Subrecipient represents and certifies that it has adopted a conflict of interest policy that,at a minimum, complies with the requirements of the OMB Uniform Guidance,and will comply with such policy in the use of any Project funds received under this Agreement.NFWF Subrecipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of NFWF Subrecipient.If NFWF Subrecipient becomes aware of any actual or potential conflict of interest or organizational conflict of interest,during the course of performance of this Grant Agreement,NFWF subrecipient will immediately notify NFWF in writing of such actual or potential conflict of interest,whether organizational or otherwise. 56 Page 16 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 SECTION 4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS 4.1.If the Funding Source or any funding entity (i.e.,a secondary funding source)is a federal agency and/or any portion of the Project provided herein is paid with federal funds,the NFWF Subrecipient must read and understand certain applicable Federal regulations,including but not limited to, the following in Sections 4 and 5 of this Agreement as set forth herein. If the NFWF Subrecipient is a Non-Profit Organization,Institution of Higher Education,State,Local or Tribal Government,it will need to understand and comply with the OMB Uniform Guidance (including related Supplements as may be applicable to a specific federal funding source(s),and Appendices as may be applicable), in addition to other applicable Federal regulations. If NFWF Subrecipient subawards any portion of the Project under this Agreement to a third-party, NFWF Subrecipient shall,at a minimum,flow down those requirements and provisions required to be flowed down pursuant to the applicable regulations set forth above. 4.2.A-133 and 2 CFR § 200 Subpart F Audits. It is the responsibility of subrecipients that are Non-Profit Organizations,State,Local or Tribal Governments to arrange for the conduct of audits as required by either OMB Circular A-133, “Audits of States,Local Governments,and Non Profit Organizations”or 2 CFR Part 200,Subpart F – Audit Requirements, whichever is applicable. 4.3.Interest. Any interest earned in any one year on Federal funds advanced to the NFWF Subrecipient that exceeds $500 must be reported to NFWF,and the disposition of those funds negotiated with NFWF.Interest amounts up to $500 per year may be retained by the Subrecipient for administrative expense. 4.4.Subrecipient Debarment and Suspensions. Unless NFWF Subrecipient has submitted a written justification fourteen (14)days prior to execution of this Grant Agreement,stating the reason that this term does not apply,which has been expressly accepted and approved by NFWF prior to execution,by and through NFWF Subrecipient’s execution of this Grant Agreement,NFWF Subrecipient warrants and represents its initial and continued compliance that it is not listed on the General Services Administration’s, government-wide System for Award Management Exclusions (SAM Exclusions),in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R.,1986 Comp.,p.189) and 12689 (3 C.F.R.,1989 Comp.,p.235),“Debarment and Suspension.”The NFWF Subrecipient further provides that it shall not enter into any subaward,contract or other agreement using funds provided by NFWF with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at https://www.sam.gov/portal/public/SAM/. 4.5. Mandatory Disclosure. NFWF Subrecipient must disclose, in a timely manner, in writing to NFWF all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in this Grant Agreement, including termination, and any remedies provided under law, including suspension or debarment by cognizant federal authorities. 57 Page 17 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 4.6.        Trafficking in Persons. Pursuant to section 106(a)of the Trafficking Victims Protection Act of 2000,as amended (22 U.S.C. 7104(g))(codified at 2 C.F.R.Part 175),NFWF Subrecipient shall comply with the below provisions.  Further,NFWF Subrecipient shall flow down these provisions in all subawards and contracts, including a requirement that Subrecipients similarly flow down these provisions in all lower-tiered subawards and subcontracts. The provision is cited herein: I.       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 the award is in effect; ii.    Procure a commercial sex act during the period of time that the award is in effect; or iii.   Use forced labor in the performance of the award or subawards under the award. 2.   We as the Federal awarding agency’s pass-through entity 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 award term; or ii.Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term 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 CFR part 180,“OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”. b.   Provision applicable to a recipient other than a private entity.We as the Federal awarding agency’s pass-through entity 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 award term; or 2.   Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term 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 CFR part 180,“OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”. 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 award term. 58 Page 18 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 2.   Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: 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 award term 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 CFR 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 CFR 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 section 103 of the TVPA,as amended (22 U.S.C. 7102). 4.7.Subrecipient Monitoring Requirements. NFWF Subrecipients receiving federal funds understand that NFWF may require NFWF Subrecipient to take corrective action measures in response to a deficiency brought to NFWF and NFWF Subrecipient’s attention during the course of an audit. 4.8.Certification and Representation. NFWF Subrecipient must submit those certifications and representations required by Federal statutes,or regulations to NFWF on an annual basis.Submission may be required more frequently if the NFWF Subrecipient entity fails to meet a requirement of a Federal award. Programmatic and financial reports or payment requests under a Federal award must be submitted by a representative of the NFWF Subrecipient who has the NFWF Subrecipient’s full authority to render such reports and requests for payment and certify to the following at time of submission: By signing this [report][payment request],I certify to the best of my knowledge and belief that the [report][payment request]is true,complete,and accurate.[The 59 Page 19 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Grant Agreement.].I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil or administrative penalties for fraud,false statements, false claims or otherwise.(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812). 4.9.41 United States Code (U.S.C.)4712,Enhancement of Recipient and Subrecipient Employee Whistleblower Protection: (a)This award,related subawards,and related contracts over the simplified acquisition threshold and all employees working on this award,related subawards,and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. (b)Recipients,their subrecipients,and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c)The recipient shall insert this clause,including this paragraph (c),in all subawards and contracts over the simplified acquisition threshold related to this award. 4.10.41 USC §6306,Prohibition on Members of Congress Making Contracts with Federal Government. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award,or to any benefit that may arise therefrom;this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit. 4.11.Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving. (Sub)Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. 4.12.43 CFR §18 New Restrictions on Lobbying. The NFWF Subrecipient agrees to comply with 43 CFR 18,New Restrictions on Lobbying,including the following certification: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the NFWF Subrecipient,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,and 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. 60 Page 20 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 (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 Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions. (c)The NFWF Subrecipient 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 Subrecipients shall certify accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,title 31,U.S.Code.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. 61 Page 21 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 SECTION 5 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS – FUNDING SOURCE SPECIFIC Department of Commerce (DOC) Compliance Requirements. The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth in the Department of Commerce Financial Assistance Standard Terms and Conditions Dated April 30, 2019, available at http://www.osec.doc.gov/oam/grants_management/policy/.  See 2 C.F.R. § 200.101(b)(1) (Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§200.330‐332 (Subrecipient monitoring and management). Additionally, the NFWF Subrecipient must flow these requirements down to all subrecipients and contractors, including lower tier subrecipients.   Equipment Reporting. Equipment or supplies (aggregate supplies, not per unit) at a cost of $5,000 or greater per unit value, including its fair market value, must be inventoried at least once every two years and at award closeout (2 CFR 200.313). NFWF Subrecipients may use the outdated SF-428 form series to report on tangible property or submit their own customized report including a description of federally owned equipment, identification information, acquisition cost, and acquisition date. More guidance on property definitions and forms is posted online at coast.noaa.gov/funding/forms.html.   Handling of Environmental Data or Peer Reviewed Publications. a)       Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement, or Contract must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Failure to perform quality control does not constitute an excuse not to share data. Data without QC are considered “experimental products” and their dissemination must be accompanied by explicit limitations on their quality or by an indicated degree of uncertainty.   b)      Timeliness: Data accessibility must occur no later than publication of a peer-reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the grant (not including any extensions or follow-on funding), whichever is soonest, unless a delay has been authorized by the NOAA funding program.   c)       Disclaimer: Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy." 62 Page 22 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018   d)      Failure to Share Data: Failing or delaying to make environmental data accessible in accordance with the submitted Data Management Plan, unless authorized by the NOAA Program, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. Funding recipients are responsible for ensuring these conditions are also met by sub-recipients and subcontractors.   e)       Funding acknowledgement: Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers. In addition, funding sources shall be reported during the publication submission process using the FundRef mechanism (http://www.crossref.org/fundref/) if supported by the Publisher.   f)        Manuscript submission: The final pre-publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at http://library.noaa.gov/repository after acceptance, and no later than upon publication, of the paper by a journal. NOAA will produce a publicly-visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record.   g)       Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOIs). All data and derived products that are used to support the conclusions of a peer-reviewed publication must be made available in a form that permits verification and reproducibility of the results.   Scientific Integrity. a)       Maintaining Integrity. The NFWF Subrecipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b)      Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines.   c)       In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, 63 Page 23 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 including any amendments thereto. That Order can be found at https://nrc.noaa.gov/ScientificIntegrityCommons.aspx.   d)      Primary Responsibility. The NFWF Subrecipient shall have the primary responsibility to prevent, detect, and investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.   e)       By executing this grant, financial assistance award, or cooperative agreement the NFWF Subrecipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct.   f)        The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement. 64 Page 24 of 24 0318.19.065186 (City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)) Template: 5/1/2018 SECTION 6 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO NON-FEDERAL FUNDS – FUNDING SOURCE SPECIFIC This page left intentionally blank 65