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HomeMy WebLinkAboutCAG2002-0535 - Original - National Fish & Wildlfie Foundation (NFWF) - Clark Lake Outflow Restoration Grant - 06/01/2002 f. O Records Management KEN Document W,�9NIN6TON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name:'�l�/Cfl� Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: �J L7ODW/ Department: Abstract: ADCL7832 07/02 2001-0402-002 CON NATIONAL FISH AND WILDLIFE FOUNDATION STATE AND LOCAL GOVERNMENT GRANT AGREEMENT PROJECT (#): Clark Lake Outflow Restoration(WA)(2001-0402-002) ®' Please reference project title and number on all correspondence ro GRANTEE: City of Kent GRANT PERIOD: 06/01/2002 to 06/01/2003 GRANT AWARD: $15,000 in FEDERAL MATCHING FUNDS Source of Federal Funds. U S.Fish and Wildlife Service $15,000 CHALLENGE FUNDING (Provided by King County WaterWorks). $15,000 DODO Section 1. PURPOSE OF GRANT NFWF agrees to provide this Grant Award to the Grantee for the purposes of satisfactorily performing the Project described in a proposal received by NFWF on 01/31/2002,as amended, and incorporated into this Agreement by reference The Project is described as follows 11 Project Description The Grantee will remove non-native species and barriers to salmon migration, and rehabilitate the outflow stream bed to Clark Lake 12 Final Product(s) This project will result in the reintroduction of salmon into Clark Lake and the enhancement of three acres of riparian habitat Section 2. GRANT CONDITIONS For conforming to the terms of this Agreement and all referenced attachments,the National Fish and Wildlife Foundation(NFWF)agrees to provide up to$15,000 in Federal Matching Funds and$15,000 in Challenge Funds(provided by King County WaterWorks)to the City of Kent 2 1 Challenge Funds Challenge Funds consist of cash or contributed goods and services raised for the Project Funds qualifying as Challenge Funds for the purposes of releasing Federal Matching Funds must meet the following three criteria 1)Challenge Funds must be non-federal in nature, 2)Challenge Funds must be committed directly to the Project, and 3)Challenge Funds must be voluntary in nature,please see NFWF's website at<http//www nfwf org/programs/grant_manage him>for more information Funds presented for fulfillment of mitigation,restitution,or other permit or court-ordered settlement are not eligible, except on a case-by-case basis at NFWF's sole discretion Challenge Funds,held by NFWF on 1 behalf of the Project, are available to the Grantee as they are received and documented by NFWF(Grantee may include an invoice for Challenge Funds in the same submission as the documentation of Challenge Funds) 2 2 Documentation of Challenge Not applicable 2 3 Restrictions on Use of Funds No Funds, Challenge or Federal Matching,provided for this Grant may be used to support litigation expenses or lobbying activities 2 4 Additional Conditions None Section 3. PAYMENT OF FUNDS To receive funds,the Grantee must provide NFWF with 1)an original executed copy of this Agreement, 2)receiptidocumentation of Challenge Funds, 3)signed,original invoice from the Grantee requesting payment, and 4)required financial and programmatic reports Failure to provide information required by this Agreement may delay the payment of invoices 3 1 Invoice for Payment Grantee may request disbursement of funds by submitting an original dated invoice on the Grantee=s letterhead bearing an authorized signature Facsimile copies or electronic mail are not acceptable Grantee may request advance payment of Federal Matching Funds prior to expenditure provided 1)Grantee demonstrates an immediate need for advance; and 2)Grantee documents expenditure of advanced funds on the next required financial report to NFWF Approval of any advance payment of Federal Matching Funds is made at the sole discretion of NFWF,based on an assessment of the Grantee's needs and ability to meet cash management requirement, including the handling and reporting of interest(Section 5 3) In all other cases,Federal Matching Funds are disbursed on a reimbursable basis as expenditures are documented on the Financial Reporting Form(Attachment A)and according to the approved Grant ratio(Section 2) 3 2 Release on Completion NFWF reserves the right to retain twenty percent(20%)of Federal Matching Funds until submission and acceptance of the Final Report Section 4. REPORTING REQUIREMENTS It is the responsibility of the Grantee to keep NFWF and other Project donors informed of Project progress Required reports are outlined below Please submit Programmatic Reports by both hard copy and e- mail. 4 1 Financial Reporting Forms (DUE QUARTERLY) A Financial Reporting Form(Attachment A) reporting cumulative receipts and expenditures made under this Project is required quarterly, as required by federal regulations(see dates below) Failure to submit Financial Reporting Forms in a timely manner will delay payment of submitted invoices Expense information will be presented in comparison with the approved budget and must clearly indicate what portion of specific budget items were funded by Federal Matching Funds and which were funded by Challenge Funds If the Grantee has neither received nor expended funds for the Project at the time a Financial Reporting Form is due,the Grantee will submit in writing a brief report that indicates that no financial activity has occurred In the event that Federal 2 Matching Funds were advanced and interest was earned,such interest must be reported A sample reporting form is provided as Attachment B 42 Programmatic Reports(DUE 2nd and 4th QUARTER) Programmatic Reports are required serm-annually and consist of written statements of Project accomplishments since Project initiation, or the last reporting period No separate Programmatic Report is required for the quarter in which the Final Report is submitted 4 3 Final Reports(DUE WITHIN 30 DAYS AFTER END OF GRANT PERIOD) Within 30 days of completion of the Project,the Grantee will submit a Final Report that includes- 1)a Final Financial Reporting Form accounting for all receipts, Grant expenditures, and budget variances(if any)compared to the approved budget, and 2)a Final Programmatic Report summarizing and evaluating the accomplishments achieved during the term of the Grant The Final Report should be mailed and submitted via e-mail to NFWF Project Officer. A representative number of 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 For projects involving land acquisition, a copy of the deed and other information is required(see "Land Acquisition Requirements"attachment) If you need more information on how to prepare a Final Programmatic Report,please contact NFWF Project Officer 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 4 4 Reporting Dates Please submit required reports by Reporting Dates 1. 12/31/2002 Financial 2. 03/31/2003 Financial and Programmatic 3. 07/01/2003 Final Financial and Final Programmatic Grantee is encouraged to communicate early and in writing with NFWF about potential problems with providing reports on a timely basis Inaccurate or incomplete reports will delay payment of invoiced funds Failure to provide complete and timely reports will be considered a breach of this Agreement Grantee should contact NFWF Project Officer with any questions Section 5. FINANCIAL/ADMINISTRATIVE RESPONSIBILITIES 5 1. Cash Management of Federal Funds This Grant consists of$15,000 in Federal Matching Funds provided to NFWF by the U S Fish and Wildlife Service Accepting these funds renders the Grantee subject to all terms and conditions of relevant OMB Circulars,such as allowable costs and cost principles (Section 12) Grantee's financial management system must comply with internal control requirements including,but not limited to, cash receipts, cash disbursements, indirect costs,procurement, labor costs, and interest earned on federal funds In addition,the Grantee must comply with all applicable federal laws and regulations imposed on individuals and organizations receiving federal funds,including,but not limited to, equal opportunity employment,the Americans with Disabilities Act,and drug-free work place requirements 52 Assignment and Sub-Grants Grantee may not assign this Agreement, in whole or in part,to any 3 other individual or organization without the written consent of NFWF Grantee is responsible for informing all sub-grantees that funds provided consist of federal funds and that all sub-grantees must comply with all conditions of this Agreement,including applicable federal laws and regulations imposed on individuals and organizations receiving federal funds Such notice is not required for purchase of supplies,equipment,or general support services, 5 3 Interest Earned on Federal Funds Should the Grantee receive advance payment of Federal Matching Funds,the Grantee must place funds in an interest-bearing, federally-insured bank account, subject to OMB provisions Grantee may request that all, or part, of the interest earned on Federal Matching Funds be applied to the Project provided that the Grantee submits for approval. 1)a written request to NFWF describing the amount of interest to be applied and the purposes for which the interest will be used, and 2) an amended budget Determination of whether such interest can be applied to the Project is at the sole discretion of NFWF Any and all interest earned on Federal Matching Funds not approved by NFWF to be retained for the purposes of the Project must be returned to NFWF upon submission of the Final Report Grantee will submit a check payable to the "National Fish and Wildlife Foundation (2001-0402-002) " 5 4 Variances from Budget Grantee will report any line-item variance in either the Challenge Fund or Federal Matching Fund portion of the approved Project budget(Attachment A)which exceeds ten percent (10%)of the total Challenge Funds or Federal Matching Funds,respectively Grantee must submit a written request to NFWF for approval of an amended budget,including explanation for the vanance(s). 5 5 Procurement Procedures All procurement shall be in conformance and compliance with OMB Circular A-87 (www whitehouse gov/OMB/grants/#circulars) Grantee will establish procurement procedures to ensure against unnecessary or duplicative purchases. 5 6 Supporting Documentation/Record Keeumg In addition to the reporting requirements set forth in Section 4,the Grantee will keep records of all expenditures relating to this Grant. Vouchers, consisting of time sheets,bills,invoices,canceled checks,receipts,etc ,will be retained by the Grantee for three(3) years after the submission and acceptance of a final report by NFWF and will be available for inspection and audit by representatives of NFWF or the U S Government at any time during this period. 5 7 Audit NFWF may,at its own expense,review,audit, or cause to be audited,the records of the Grantee insofar as they relate to activities supported by this Agreement Grantee will reimburse NFWF,at the Grantee's sole expense,the amount of any expenditures disallowed NFWF will provide written notice of any such expenditures so disallowed, and the Grantee will reimburse NFWF for such amounts within thirty(30)days of receipt of such notice 5 8 A-133 Audits If the Grantee expends a total of$300,000 or more in federal funds (all sources)in a given fiscal year,an OMB Circular A-133 single or program-specific audit report is required (www whitehouse gov/OMB/grants/#circulars) The audit report must be completed and submitted to NFWF within nine months from the end of the Grantee's fiscal year in which funds were expended The appropriate Catalog of Federal Domestic Assistance(CFDA)number is referenced on Page 1 5 9 Unexpended Funds Any portion of the Federal Matching Funds not expended at the end of the Grant period will be returned to NFWF within thirty(30)days Any unexpended Challenge Funds,held by NFWF,will be returned to the respective donor(s)within sixty(60)days from the end of the Grant period 4 Section 6. PUBLICITY AND ACKNOWLEDGMENT OF SUPPORT Grantee agrees to give appropriate credit to the National Fish and Wildlife Foundation,U S Fish and Wildlife Service,King County WaterWorks,and all other Project donors for their financial support in any and all press releases,publications,annual reports, video credits, dedications,and other public communications regarding the services performed pursuant to this Agreement. Grantee 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 Section 7. AMENDMENTS Should there be any material change in the purpose, character,method of operation,budget,personnel, sub-contractors, governance, or Grant period for the Project as approved by NFWF,the Grantee will provide timely written notice of these changes to NFWF This Agreement and referenced attachments set forth the entire understanding of the parties and may be modified only by a written instrument duly executed by both the Grantee and NFWF Section 8. TERMINATION Either party may terminate this Agreement upon thirty(30)days written notice to the other party Failure to comply with the conditions of this Agreement is cause for NFWF to terminate In the event of termination prior to Project completion,NFWF will cancel all unpaid installments of the Grant. NFWF agrees to pay all documented,non-cancelable commitments made by the Grantee prior to notice of temunation NFWF will demand repayment of all Federal Matching Funds which have been advanced but not expended within forty-five(45)days Any Challenge Funds held by NFWF and remaining after payment of documented commitments will be returned to donors Section 9. NOTICE Correspondence between the parties should be addressed to the Project officers Grantee will notify NFWF concerning changes to contact,address, etc For NFWF Jennifer Taylor National Fish and Wildlife Foundation 806 SW Broadway, Suite 750 Portland, OR 97205 Phone 503-417-8700 Fax 503-417-8787 E-mail taylor@nfwf org For Grantee Perry Brooks City of Kent 220 4th Avenue South 5 Kent, WA 98032 Phone 253-856-5114 Fax 253-856-6050 E-mail-pbrooks@ci kent wa us Section 10. PATENTS AND COPYRIGHTS Grantee has the right to obtain patents and copyrights on any product created under this Agreement to the extent allowable by law NFWF reserves a non-exclusive,royalty-free, irrevocable right to reproduce, publish and otherwise use,and to authorize others to use, any and all products created under this Agreement for non-commercial educational and research purposes This provision shall survive termination of this Agreement. Section 11. ADDITIONAL SUPPORT In making this Grant,NFWF assumes no obligation to provide further funding or support to the Grantee beyond the terms stated herein Contributions made to the Grantee under this Agreement do not by direct reference or implication convey NFWF endorsement of the Grantee's products or activities,or that of the U S Government All information submitted for publication or other public releases of information regarding this Project 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" Section 12. ATTACHMENTS This Agreement requires the Grantee to have an understanding of, and compliance with the following referenced(marked)documents,incorporated herein as part of this Agreement. l Project Budget/Financial Reporting Form(Attachment A) 0 Sample Financial Reporting Form(Attachment B) O Government Certifications l7 OMB Circular A-87 (www whitehouse gov/OMB/ffants/#circulars) x❑ OMB Circular A-102 (www whitehouse gov/OMB/grants/#circulars) O OMB Circular A-133 (www whitehouse.gov/OMB/grants/#ctrculars) Section 13. ARBITRATION All claims, disputes, and other matters in question ansing out of,or relating to,this Agreement,its interpretation or breach shall be decided through arbitration by a person or persons mutually acceptable to both NFWF and the Grantee 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 6 Section 14. LIABILITY AND INDEMNITY Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third persons for property loss or damage or death or personal injury arising out of and during the performance of this Agreement Any liabilities or claims for property loss or damage or for death or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during performance of this Agreement shall be determined according to applicable law. Section 15. NO WAIVER Failure of NFWF to enforce,or the delay by NFWF in enforcing, any of the terms and conditions of this Agreement shall not be deemed a continuing waiver or a modification to this Agreement unless the waiver is expressly written and signed by NFWF and the Grantee Section 16. SEVERABILITY If any provision of this Agreement is held invalid, illegal,or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be interpreted to remain valid, enforceable, and binding on the parties. Section 17. COMPLETE AGREEMENT This Agreement,including all referenced attachments, and documents delivered or to be delivered pursuant to this Agreement contain or will contain the entire Agreement between the parties hereto with respect to the transactions contemplated herein and shall supersede all previous oral and wntten and all contemporaneous oral negotiations, comimtments, and understandings. The Attachments hereto are incorporated by reference 7 000a Executed and made effective by an authorized representative of the National Fish and Wildlife Foundation By � L-U) L Date T 2Z J o 2 Krystyna U Wolmakowski,Director Pacific Northwest Region The City of Kent acknowledges receipt of this Agreement and the referenced attachments for the Clark Lake Outflow Restoration (WA)project#2001-0402-002 We have reviewed the terms of this Agreement, including the Government Certifications and referenced OMB Circulars, and we agree to comply with them We understand that failure to comply with all conditions listed herem and with all applicable federal laws and regulations is cause for NFWF to terminate this Grant 0 By Date 5 Title d(— C\DOCUMENTS AND SETTINGSUTAYLOR\)ESKTOP\WORD TEMPLATES\STATE-GRANT CONTRACT DOC(revised 1/12/01) Awai..,4 A% to V1nrs .r' A;rr Ca ariornry 8