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CITY OF CLEARWATER INVASIVE SPECIES CONTROL PROJECT #2003-0092-006 2003-0092-006.CON Last revised: 21 IN ovember/2002 NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENT (ADVANCE PAYMENT BASIS) PROJECT: City of Clearwater Invasive Species Control Project (2003-0092-006) >7 Please reference project title and number on all correspondence ~ NFWF RECIPIENT: City of Clearwater PROJECT PERIOD: 06/01/2004 to 05/31/2005 AWARD: $106,000 is provided in consideration for the NFWF Recipient's agreement to perform the Project in accordance with Section 1 below, and the NFWF Recipient's agreement that it will raise and spend at least $106,000 in Matching Contributions on the Project. FUNDING SOURCE: National Oceanic and Atmospheric Administration $106,000 CFDA Number: 11.463 **** Defined Terms. All capitalized terms used in this Agreement shall have the meanings attributed to such terms in the 2002 Glossary found on NFWF's website <www.nfwf.org>, which is incorporated in this Agreement by this ref~rence. Section 1. PROJECT PURPOSE National Fish and Wildlife Foundation (NFWF) agrees to provide the Award to the NFWF Recipient for the purposes of satisfactorily performing the Project described in a Full Proposal received by NFWF on 12/1 0/2003 and incorporated into this Agreement by reference. U Proiect Description. The City of Clearwater will eradicate 94.2 acres of invasive plant species on public properties, preserves, parks, and right-of-ways. The secondary objective is to educate and assist residents with identifying invasive plant species. Complete site inspections, public awareness and education. Develop educational brochures. audget Gl!,teo Salaries.& e~nd'jl : Equipment: Other: -1- r ."". '~~G(~rog;.Q~l'l1ti~~if~,,!)A~i\~,,4,Lt'?lh~~:,X:.,I $600 ;:t6't1\t ....:.1 $600 ':"-'i"",""'" -, " L $94,500 Nll'WF: . . FundS Complete the treatment and removal of the invasive plant species on the targeted sites. Begin the 5 year monitoring and maintenance program. Replant target sites with native plants if necessary. $10,900 1.2. Proiect Deliverables. · 94.2 acres of invasive plant species will be removed from City of Clearwater property. · Educational brochures will be developed for the residents of Clearwater. U. Diligence and Communication Required. The NFWF Recipient agrees to pursue completion ofthe Project diligently and to communicate with the Project Manager on a regular basis with respect to the status ofthe Project, including but not limited to providing the reports discussed in Section 4 below. Failure to diligently pursue completion of the Project within the Project Period and/or failure to so communicate with the Project Manager will be deemed a material default in this Agreement, entitling NFWF to terminate this Agreement. Section 2. RESTRICTION ON FUNDS No Funds provided by NFWF pursuant to this Agreement or Matching Contributions may be used to support litigation expenses or lobbying activities. Section 3. PAYMENT OF FUNDS and ADMINISTRATION PROCEDURES 3.1. NFWF Funds. Payments of the NFWF Funds for this Award will be made in 3 installments. · Project Phase One installment will be advanced to the NFWF Recipient when NFWF receives a Request for Payment from the NFWF Recipient certifying that it is ready to begin project activities for the first Phase described in Section 1.1 immediately upon receipt of the funds. · Subsequent Phase installments will be advanced to the NFWF Recipient when NFWF receives and approves a completed Project Phase Reporting Form certifying that (i) the NFWF Recipient has completed the previous Project Phase as described in Section 1.1 and (ii) the NFWF Recipient has expended NFWF Funds and Matching Contributions consistent with the Project Phase Budget as described in Section 1.1; -2- and the NFWF Recipient provides NFWF a Request for Payment certifying that it is ready to begin Project activities for the next Phase immediately upon receipt of the funds. · Payment for the Final Phase of the Project will be made in arrears, upon the receipt and approval by NFWF of all required reporting for this Agreement. · Under no circumstances will any payment under this Agreement be made if any Financial or Programmatic Reports are due and outstanding. 3.2. Budget Changes. In the event the NFWF Recipient determines that the amount ofthe Budget is going to change in anyone line item by an amount that exceeds more than 10% of the total Budget for that Phase, the NFWF Recipient must seek approval from the Project Manager. If approval is received, both parties must sign a written amendment to this Agreement reflecting the new Budget. Section 4. REPORTING REQUIREMENTS 4.1. Phase Financial and Programmatic Report. Upon completion of each Phase, the NFWF Recipient will submit a brief e-mail or fax Project Phase Report on Project accomplishments and financial expenditures incurred during the Phase. 4.2. Annual Financial and Programmatic Report. The NFWF Recipient will submit an Annual Financial and Programmatic Report no later than October 31 st of each year during the Project Period, summarizing all of the activities accomplished and expenditures made from the beginning of the Project Period or the most recent Project Phase Report until and including the immediately preceding September 30th. 4.3. Final Report. No later than 90 days after the completion ofthe Project, the NFWF Recipient shall submit a Final Financial and Programmatic Report to NFWF, that includes: 1) a Final Financial Reporting Form accounting for all receipts of Project funds, Project expenditures, and Budget variances (if any) compared to the approved Budget; 2) a report and Certification of Matching Contributions secured and expended by the NFWF Recipient for the Project; 3) a Final Programmatic Report summarizing the accomplishments achieved during the term of the Agreement. A representative number of digital photos (preferred) or color 35mm slides depicting the Project and copies of all publications, press releases and other appropriate "products" resulting from the Project should also be provided to NFWF as part of the Final Report; and 4) a completed Project Evaluation Report. Any requests for extensions of this Final Report submission date must be made in writing to NFWF Project Officer and approved by NFWF in advance. Section 5. ST ANDARD PROVISIONS. This Agreement is also subject to the terms and conditions set forth in the attached Standard Provisions, each of which is incorporated in this Agreement by this reference. Section 6. CONTACT INFORMATION. -3- For NFWF Recipient: Terry Finch City of Clearwater 100 South Myrtle Avenue Suite 220 Clearwater, FL 33758-4748 Phone: 727-562-4742 Fax: 727-562-4673 E-mail: T erry.Finch@M vClearwater.eom Heather.F acssler@M vClearwater. com Unless from the email address set forth above, electronic mails will be deemed unauthorized. If multiple users are authorized to send electronic mails on behalf of the NFWF Recipient, please list all authorized sources. ForNFWF: Bridget Kelly National Fish and Wildlife Foundation 1120 Connecticut Avenue NW, Suite 900 Washington, DC 20036 Phone: (202) 857-0166 Fax: (202) 857-0162 E-mail: bridget.kelly@nfwf.org IN WITNESS WHEREOF, the parties have executed this Agreement, intending to be bound legally. NATIONAL FISH AND WILDLIFE FOUNDATION By: Peter Stangel, Ph.D. Director, Southern Region Date: CITY OF CLEARWATER By: -4- 2003-0092-006.CON NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENTS BY THE City of Clearwater Countersigned: Bnth#l\--- Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: ~ '/J:4~~. ~ ..cJV '!t ~ B. Horne, " City Manager Approved as to form: Attest: 2002 STANDARD PROVISIONS FOR AWARDS This Award is subject to the following terms and conditions, except those that begin with a text box ( 0 ) that does NOT have an X in it ( [BJ ). Section AI. ASSIGNMENT; SUBA W ARDS AI.I The NFWF Recipient may not assign this Agreement, in whole or in part, to any other individual or other legal entity without the prior written approval ofNFWF. AI.2 The NFWF Recipient may not provide subawards without the prior written approvalofNFWF. SectionA2. UNEXPENDED FUNDS; INTEREST A2.I Any funds provided by NFWF and held by the NFWF Recipient and not expended at the end ofthe Project Period will be returned to NFWF within ninety (90) days after the end of the Project Period. [&] A2.2 Any interest earned in anyone year on Federal funds advanced to the NFWF Recipient that exceeds $250 must be reported to NFWF, and the disposition of those funds negotiated with NFWF. Section A3. AMENDMENTS This Agreement can only be amended by a written amendment, signed by both parties. Counterpart originals and/or facsimile copies of amendments are acceptable, but not emails. Section A4. TERMINATION At any time prior to receipt ofthe first payment, the NFWF Recipient may terminate this Agreement. After receipt of the first payment, the NFWF Recipient may terminate this Agreement only with the written consent ofNFWF. Failure by the NFWF Recipient to comply with any material term ofthis Agreement is cause for NFWF to terminate this Agreement by written notice to the NFWF Recipient. In the event of termination ofthis Agreement prior to Project completion, NFWF will not make payment for any ofthis Agreement's Project Deliverables that remain undelivered and any funds advanced by NFWF that have not been expended by the NFWF Recipient shall be returned to NFWF immediately, but in any event, no later than thirty (30) days after receipt of the notice of termination. NFWF agrees to pay all documented, non-cancelable commitments made by the NFWF Recipient prior to the NFWF Recipient's receipt ofthe notice of termination. Section AS. ADDITIONAL SUPPORT In making this Award, NFWF assumes no obligation to provide further funding or support to the NFWF Recipient beyond the terms stated in this Agreement. Section A6. ARBITRATION AND CHOICE OF JURISDICTION A6.I All claims, disputes, and other matters in question arising out of, or relating to this Agreement, its interpretation or breach, shall be decided through arbitration by a person - SP I - or persons mutually acceptable to both NFWF and the NFWF Recipient. 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. A6.2 This Agreement shall be subject to and interpreted by the laws of the District of Columbia, without regard to choice oflaw principles. By entering into this Agreement, the NFWF Recipient agrees to submit to the jurisdiction of the courts of the District of Columbia. A6.3 The terms ofthis Section will survive termination of this Agreement. Section A7. COMPLIANCE WITH LAWS; INSURANCE; INDEMNIFICATION A 7.1 In conducting its activities relating to the Project, the NFWF Recipient agrees to conduct all such activities in compliance with all applicable Federal, State, and local laws, regulations, and ordinances; to secure all appropriate necessary public or private permits and consents. A 7.2 The NFWF Recipient agrees to obtain and maintain all appropriate insurance against liability for injury to persons or property from any and all aCtivities undertaken by the NFWF Recipient and associated with this Award in any way. A7.3 The NFWF Recipient shall indemnify and hold harmless NFWF, its 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 arising from or in connection with the Project, including but not limited to, environmental laws, regulations, orders and decrees of whatsoever character or nature and damage or injury to persons and property). A7.4 The terms of this Section will survive termination of this Agreement. Section A8. COMMUNICATIONS All notices, Requests for Payment and reports required or allowed to be given by this Award shall be by first-class mail (postage prepaid), facsimile (with telephone call required to confirm that fax has been received), or overnight mail delivery by a nationally known courier and addressed using the contact information provided in this Agreement. All notices, reports and Request for Payments may be sent bye-mail, but Final Financial and Programmatic Reports must be provided in hard copy as well. Each party agrees to notify the other within ten (10) days after the change in named representative, address, telephone, or other contact information. Section A9. PUBLICITY The NFWF Recipient agrees to give appropriate credit to the National Fish and Wildlife Foundation and those Federal, State or local agencies and/or private organizations identified as sources of funds in the letter of transmittal of this Agreement, if any, for their financial support in any and all press releases, publications, annual reports, video credits, dedications, and other public communications regarding this Agreement or any of the Project Deliverables associated with this Agreement. The NFWF Recipient gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and the Project in press releases, publications and other public communications. - SP2 - Section AID. DISCLAIMERS Payments made to the NFWF Recipient under this Agreement do not by direct reference or implication convey NFWF's endorsement nor the endorsement by any other entity that provides funds to the NFWF Recipient through this Agreement, including the U.S. Government, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: "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. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government or the National Fish and Wildlife Foundation." [R] Section All. WEBSITE LINKS The NFWF Recipient agrees to permit NFWF to post a link on any or all ofNFWF's websites to any websites created by the NFWF Recipient in connection with the Project. [R] Section A12. EVALUATION The NFWF Recipient 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 date on which the Final Financial and Programmatic Report are provided. o Section A13. DAVIS-BACON The NFWF Recipient shall be subject to the provisions of the Davis-Bacon Act (40 U.S.c. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provision Applicable to Contracts Governing Federally Financed and Assisted Construction." [R] Section A14. DEBARMENT AND SUSPENSIONS The NFWF Recipient shall enter into no contract using Federal funds provided by NFWF with any party listed on the General Services Administration's Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689 (Debarment and Suspension). Section A15. FEDERAL FUNDS - FEDERAL REGULATIONS [8] A15.1 If all or a part of the Award consists of Federal funds, the text box at the beginning of this Section should contain an X and, before proceeding with its Project, the NFWF Recipient must read and understand certain Federal regulations, including but not limited to, those .identified below which may be located on the Internet at http://www.whitehouse.gov/omb/circulars/index.html. If a NFWF Recipient does not have access to the Internet, it should ask its NFWF Project Manager for copies. Many Federal agencies have agency-specific regulations that govern the issuance of awards and - SP3 - subawards with their funds; it is the obligation of the NFWF Recipient to review and comply with any such regulations issued by its Federal agency Funding Source(s). D AI5.2 If the Grantee is a non-profit organization, it will need to understand and comply with (i) OMB Circular A-II 0 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" and, (ii) depending on what kind of organization it is, either (a) OMB Circular A-21 "Cost Principles for Educational Institutions" or (b) OMB Circular A-I22 "Cost Principles for Non-Profit Organizations," in addition to other applicable Federal regulations. [RJ AI5.3 Ifthe Grantee is a State, Local or Tribal Government, it will need to understand and comply with OMB Circulars A-I 02 "Grants and Cooperative Agreements with State and Local Governments" and A-87 "Cost Principles for State, Local, and Indian Tribal Governments," in addition to other applicable Federal regulations. [RJ A 15.4 If the NFWF Recipient is any type of organization and it receives an aggregate of $300,000 or more from all Federal sources, it is subject to a special kind of audit as detailed in OMB Circular A-I33 "Audits of States, Local Governments, and Non-Profit Organizations," which it will need to understand and comply with, in addition to other applicable Federal regulations. [RJ A 15.5 If one ofthe Funding Sources for the Award is the National Oceanographic and Atmospheric Administration, the Award also is subject to the Department of Commerce's Financial Assistance Standard Terms and Conditions, which may be located on the Internet at http://www.osec.doc.gov/oebam/standards.htm. AI6. FEDERAL NFWF RECIPIENT D Ifthe NFWF Recipient is a Federal agency, the following Standard Provisions do NOT apply to it: A2.2, A6.1, A7.2, and A7.3. - SP4 -