INVASIVE SPECIES CONTROL PROJECT (2003-0092-006)
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From:
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Interoffice Correspondence Sheet
Cyndie Goudeau, City Clerk /,-f' ~
Terry Finch, Environmental Ma~
RECEIVED
To:
CC:
Barbara SChill, Senior Accountant
Sara Agrait, Grants Coordinator
AUG 11 2004
Date:
August 10, 2004
OFFICIAL RECORDS AND
lEGiSLATIVE SRVCS DEPT
RE: National Fish and Wildlife Foundation Grant Agreement
Attached is the fully executed National Fish and Wildlife Foundation Grant Agreement that
was approved by the City Commission on June 17, 2004 providing funding in the amount
of $106,000 for Exotic and Invasive Species Control Project..
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Attach
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2003-0092-006.CON
Last revised: 21/November/2002
NATIONAL FISH AND WILDLIFE FOUNDAT
GRANT AGREEMENT
(ADVANCE PAYMENT BASIS)
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PROJECT: City of Clearwater Invasive Species Control Project (2003-0092 06 em Of Clt"k\ifAIER lION
, PUBliC WORK ADMINtSTRA
(jF Please reference project title and number on all correspon'dence ~
NFWF RECIPIENT:
City of Clearwater
PROJECT PERIOD:
06/0112004 to 05/3112005
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
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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 reference.
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 12/10/2003 and incorporated into this Agreement by reference.
.L..L Proiect Description.
Project
Abstract:
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.
Project Phase 1: Complete site inspections, public awareness and
education. Develop educational brochures.
NFWF
Funds
$0.00
$0.00
$600
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$600
$600
Complete the treatment and removal of the invasive plant
species on the targeted sites.
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FlUids.
$0.00
$0.00
$94,500
$94,500
Begin the 5 year monitoring and maintenance program.
Replant target sites with native plants if necessary.
Ii
$0.00
$0.00
$10,900
$10,900
I $106,000 I
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.
1,l. Diligence and Communication Required. The NFWF Recipient agrees to pursue
completion of the 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 Proj ect Phase Budget as described in Section 1.1;
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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 of the
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 ofthe activities accomplished and expenditures made from the
beginning ofthe 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 of the 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 ofthe
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 ofthe 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. STANDARD 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.
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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: Terrv.Finch@MvClemwater.com
Heather.F aess I er@M yClearwater .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.
For NFWF:
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: /!di;t:j-LJ
Peter Stangel,~.
Director, Southern Region
Date: 7- / ~~ /JY
CITY OF CLEARWATER
By:
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2003-0092-006.CON
NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENTS
BY THE City of Clearwater
Countersigned:
CITY OF CLEARWATER, FLORI DA
By: 6J~-<<~. U.h.."'Jt
William B. Horne, II
City Manager
Approved as to form:
Attest:
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Cy la E. Goudeau
City lerk /
Leslie Dougall- 1 es
Assistant City Attorney
),
2002 STANDARD PROVISIONS
FOR AWARDS
This Award is subject to the following terms and conditions, except those that begin with
a text box (D) that does NOT have an X in it ( [8] ).
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.
Section A2. UNEXPENDED FUNDS; INTEREST
A2.I Any funds provided by NFWF and held by the NFWF Recipient and not expended
at the end of the 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 of the 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 of this Agreement is cause for NFWF to terminate this
Agreement by written notice to the NFWF Recipient. In the event of termination of this
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 A5. 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
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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 of this Section will survive termination of this Agreement.
SectionA7. COMPLIANCE WITH LAWS; INSURANCE; INDEMNIFICATION
A7.1 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).
A 7.4 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.
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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 tho~e 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."
[8] Section All. WEBSITE LINKS
The NFWF Recipient agrees to permit NFWF to post a link on any or all ofNFWF's
web sites to any websites created by the NFWF Recipient in connection with the Project.
[8] 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."
[8] 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.l If all or a part ofthe Award consists of Federal funds, the text box at the
beginning ofthis 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
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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).
o A15.2 If the Grantee is a non-profit organization, it will need to understand and
comply with (i) OMB Circular A-IIO "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-122
"Cost Principles for Non-Profit Organizations," in addition to other applicable Federal
regulations.
[8] A15.3 If the 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.
[8] A15.4 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-B3 "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.
[8] A15.5 If one of the 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.
A16. FEDERAL NFWF RECIPIENT
o If the NFWF Recipient is a Federal agency, the following Standard Provisions do
NOT apply to it: A2.2, A6.1, A7.2, and A7.3.
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