08/21/2002
1998-0249-008.CON
NA TIONAL FISH AND WILDLIFE FOUNDATION
SETTLEMENT GRANT AGREEMENT
PROJECT (#):
Florida Keys Vessel Pump-out (1998-0249-008)
r:tr Please reference project title and number on all correspondence <'t\)
GRANTEE:
County of Monroe
GRANT PERIOD:
05/01/2002 to 04/30/2004
RCCL SETTLEMENT FUNDS (provided by NFWF):
$130,000
F0
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, as amended, and incorporated into this Agreement
by reference. The Project is described as follows:
1.1. Proiect Description. Grantee will provide pump-out facilities at anchorage sites that handle live-
aboard boat sewage that facilitate education and enforcement strategies aimed at reducing boating impacts.
Effectiveness will be evaluated through water quality monitoring.
1.2. Final Product( s ). Identify suitable locations for mooring fields, and the potential for development or
upgrading of pumpout facilities; provide planning for the mooring field/pumpout facilities design; provide
facilities at each ahchorage suitable of handling the sewage generated; conduct water quality monitoring to
evaluate the effectiveness of implementations.
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 $130,000 in Royal Caribbean Cruiselines Settlement
Funds to the County of Monroe.
2.1. Restrictions on Use of Funds. No Funds provided for this Grant may be used to support
litigation expenses or lobbying activities.
Section 3.
PAYMENT OF FUNDS
To receive funds, the Grantee must provide NFWF with: I) an original executed copy of this Agreement;
2) signed, original invoice from the Grantee requesting payment; and 3) 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.
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. Programmatic Reports (DUE 2nd and 4th QUARTER). Programmatic Reports are required
semi-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.
4.2. 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 (Attachment A); 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 no later than 30 days after the end of the appropriate
quarter.
Reporting Dates
1.
2.
3.
4.
11/01/2002
05/01/2003
11/01/2003
04/30/2004
Programmatic
Programmatic
Programmatic
Financial and 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! ADMINISTRA TIVE RESPONSIBILITIES
5.1. Cash Management of Settlement Funds. The 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 Settlement funds. Interest earned on Settlement
funds must be documented and either dedicated to the Project, or returned to NFWF.
- 2 -
5.2. Assignment and Sub-Grants. Grantee may not assign this Agreement, in whole or in part, to any
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 Settlement Funds. Should the Grantee receive advance payment of Settlement
Funds, the Grantee must place funds in an interest-bearing, federally-insured bank account. Grantee may
request that all, or part, of the interest earned on Settlement 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 Settlement 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 ( J 998-0249-008). "
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 Settlement Funds. Grantee must submit a written request to NFWF for approval of an
amended budget, including explanation for the variance(s).
5.5. Procurement Procedures. All procurement shall be in conformance and compliance with OMB
Circular A-I 10 (www.whitehouse.gov/OMB/grants/#circulars). Grantee will establish procurement
procedures to ensure against unnecessary or duplicative purchases.
5.6. Supporting DocumentationlRecord Keeping. 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.
5.9. Unexpended Funds. Any portion of the Settlement Funds not expended at the end of the Grant period
will be returned to NFWF within thirty (30) days.
Section 6.
PUBLICITY AND ACKNOWLEDGMENT OF SUPPORT
Grantee agrees to give appropriate credit to the National Fish and Wildlife Foundation 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. Copies of such materials will be provided to NFWF as part of the reporting process. Project
support should be described as follows:
- 3 -
Funding for this project provided by the National Fish and Wildlife Foundation as part of
restitution funds paid to benefit the marine waters of southern Florida.
Grantee gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and
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.
TERMINA TION
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, NPWF will cancel all unpaid installments of the Grant. NPWF
agrees to pay all documented, non-cancelable commitments made by the Grantee prior to notice of
termination. NFWF will demand repayment of all Settlement Funds which have been advanced but not
expended within forty-five (45) days.
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:
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
For Grantee:
Richard Jones
County of Monroe
2798 Overseas Hwy, Suite 420
Marathon, FL 33050
Phone: 305-289-2805
Fax: 305-289-2536
E-mail: rjones@mail.state.fl.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.
-4-
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 NPWF endorsement of the Grantee's products or activities. 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 National Fish and Wildlife Foundation. Mention
of trade names or commercial products does not constitute their endorsement by 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&J
l&J
Project Budget/Financial Reporting Form (Attachment A)
Sample Financial Reporting Form (Attachment B)
Section 13.
ARBITRA TION AND CHOICE OF LAW
13.1 Arbitration. 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 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.
13.2 Law and Jurisdiction. This Agreement has been executed and delivered in the District of Columbia
and 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 Agreement, NFWF and the Grantee hereby agree to submit to the
jurisdiction of the courts of the District of Columbia.
Section 14.
COMPLIANCE WITH LAWS AND INDEMNIFICATION
In conducting its activities relating to the Project, the Grantee agrees to conduct and will ensure that any
sub-grantees or sub-contractors will 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; and to obtain and maintain all appropriate insurance against liability for injury to
persons or property arising from its activities relating to the Project.
Grantee shall, and will ensure its sub-grantees and sub-contractors 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). This indemnification will survive termination of this Agreement.
- 5 -
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 written and all
contemporaneous oral negotiations, commitments, and understandings. The Attachments hereto are
incorporated by reference.
F0F0F0F0
Executed and made effective by an authorized representative of the National Fish and Wildlife Foundation.
By:
Date:~OL
The County of Monroe acknowledges receipt of this Agreement and the referenced attachments for the
Florida Keys Vessel Pump-out project #1998-0249-008. We have reviewed the terms of this Agreement
and we agree to comply with them. We understand that failure to comply with all conditions listed herein
and with all applicable federal laws and regulations is cause for NFWF to terminate this Grant.
0"
By: /1, Date: 08/21/2002
\
~e:.,J1ayor /Chairman
n:: M .
o t.W <(
~OYALdL\RC~C~RAC ".",,;,,.,~12/01)
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- 6 -
Attachment A - NFWF Approved Budget and Financial Reporting Form
Grantee:
Project Name:
Project #:
Grant Period:
Period Covered (award date - reporting end date):
County of Monroe
Florida Keys Vessel Pump-out
1998-0249-008
05/01/2002 to 04/30/2004
-
INCOME RECEIVED BY GRANTEE FROM NFWF TO DATE:
Settlement Funds rec'd to date (from NFWF):
Interest Earned on Settlement Funds by Grantee:
TOTAL:
$-
:
EXPENSES INCURRED TO DATE:
Please note, financial reports must reflect the cumulative
financial activity from the beginning of the grant date.
Complete all shaded areas, sign, and mail original to NFWF with invoices and biannual programmatic reports.
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