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09/09/1999 98-249-002.CON NA TIONAL FISH AND WILDLIFE FOUNDATION RCCL SETTLEMENT GRANT AGREEMENT PROJECT TITLE: Channel Marking Master Plan GRANTEE: :r (:) ~ :P ;0("')2: Or-Z fTl=,,-< ("') . r- ~ Please reference project number and title on all corresponden~ -i " r-- :< ;--1:;-: ~ f; .,?" fTl 98-249-002 u::. .." u::> \,.Q r- U') l'T1 ITl C) " N .." co 0 ::0 -0 ::0 - -.a. ,'1.1 ~ ,:-> .:.::::> ;;0 1.0 CJ PROJECT #: Monroe County, Florida GRANT PERIOD: May 28,1999 to May 27,2001 RCCL SETTLEMENT FUNDS (provided by NFWF): $52,000 Monroe County is responsible for complying with all conditions of this Agreement, including all referenced attachments (Section Xll). In consideration of the Grantee's conforming to the terms of this Agreement, NFWF has agreed to provide Settlement Funds to the Grantee, subject to the terms and conditions set forth below. Definitions: For the purposes of this Agreement, "Grantee" is Monroe County, Florida; "Settlement Funds" are funds provided under the June 1998 Royal Caribbean Cruises Ltd. settlement by RCCL to NFWF, and subsequently disbursed under this Agreement to the Grantee; "NFWF" is the National Fish and Wildlife Foundation; "RCCL" is Royal Caribbean Cruises Ltd.; and "Project" is the specific set of activities and budget defined in a proposal received from the Grantee. I. PURPOSE OF GRANT: NFWF agrees to provide Settlement Funds to the Grantee, subject to the terms and conditions of this Agreement, for the purposes of satisfactorily performing the project proposal outlined in the letter to NFWF dated July 1, 1999, described as follows ("the Project"): A. Summary Project Description: Funding will assist implementation of the "Channel Marking Master Plan," is a high priority component of the Florida Keys National Marine Sanctuary Management Plan intended to assist boaters in better navigating the Keys' waters and in helping them avoid shallow water seagrass and algae flats. The Project will install approximately 180 new navigational aids, including lateral aids, danger markers, and information signs. B. Description of Final Product(s): Interim and a final report detailing the activities and accomplishments of the project and a selection of 35mm color slides depicting the project. Please see Reporting Requirements (Section IV) for description of reporting obligations. II. GRANT CONDITIONS: 1 A. Restrictions on Use of Funds: Settlement Funds will be used solely for the Project. 1. No Funds provided for this Grant may be used to support litigation expenses or lobbying activities-defined as attempting to persuade members of any legislative or administrative branch (local, state, tribal, or federal) to enact, amend, defeat or repeal legislation or regulations of any kind. 2. Grant Funds may be used to cover general operating expenses, overhead, or other indirect expenses only as expressly provided for in the approved budget. B. Unused Funds and Reversion: This Grant is intended to support the Project for the specified grant period. Any portion of the Grant not expended at the end of the grant period will be returned to NFWF within sixty (60) days. III. PAYMENT OF GRANT FUNDS: No Funds will be disbursed by NFWF to the Grantee unless NFWF is in receipt of: 1) executed copy of this Agreement; 2) signed, original invoice from the Grantee requesting payment; and 3) Financial and Programmatic Reports (Section N). Grantee must request disbursement of Settlement Funds by submitting an original dated invoice on Grantee's letterhead bearing an authorized signature (facsimile copies or electronic mail are not acceptable). IV. REPORTING REQUIREMENTS: It is the responsibility of the Grantee to keep NFWF informed of project progress. Grantee will communicate with NFWF about potential problems with the Project, and will provide required reports on a timely basis. Failure to provide complete and timely reports will be considered a breach of this Agreement (Section Vill). Inaccurate or incomplete reports will delay payment of invoiced funds. Grantee should contact NFWF Project Officer (Section IX) with any questions. Required reports are: A. Interim Reports (DUE every Six Months): Interim Reports consist of succinct written statements of project accomplishments since project initiation, or last reporting period. They should also include a summary of financial activity for all receipts, grant expenditures, and budget variances (if any) compared to the approved budget. A Financial Reporting Form is included as Attachment A to assist Grantee in providing requested information. B. Final Report (DUE WITHIN 30 DAYS OF PROJECT END DATE-May 27,2001): The Grantee will submit a Final Report which includes: 1) a final Financial Reporting Form (Attachment A) accounting for all receipts, grant expenditures, and budget variances (if any) compared to the approved budget; 2) a final Programmatic Report summarizing and evaluating the accomplishments achieved during the term of the Grant; and 3) copies of all publications, press releases and other appropriate "products" resulting from the Project. A representative number of color 35mm slides depicting the Project will, if appropriate, also be provided to NFWF as part of the Final Report. For projects involving land acquisition, see the attached "Land Acquisition Requirements" for additional reporting parameters. Any requests for 2 extensions of this Final Report submission date must be made in writing to the NFWF Project Officer and approved by NFWF in advance. V. FINANCIAL/ADMINISTRATIVE RESPONSIBILITIES: A. Financial Management. 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 either be dedicated to the Project, or returned to NFWF. B. Supporting Documentation/Record Keeping: In addition to the reporting requirements set forth in Section IV, the Grantee will keep systematic 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 at any time during this period. C. 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 Grantee will reimburse NFWF for such amounts within thirty (30) days of receipt of such notice. VI. PUBLICITY AND ACKNOWLEDGMENT OF SUPPORT: The Grantee will acknowledge NFWF for its financial support in press releases, publications, reports, annual reports, and other public communications regarding the Project. Please provide copies of such materials to NFWF as part of the reporting process. Project support should be described as follows: Funding for this project provided by the National Fish and Wildlife Foundation as part of restitution funds paid by Royal Caribbean Cruises, Ltd. to benefit the marine waters of south Florida. The Grantee gives NFWF the right and authority to publicize their financial support for this Project and the Grantee in press releases, publications and other public communications, and to use the Grantee's name in such communications. VII. AMENDMENTS: NFWF makes this Grant with the understanding that all grant funds will be used in accordance with the project description and budget as approved by NFWF at the time of execution of this Agreement. Should there be any material change in the purpose, character, method of operation, budget, personnel, 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 all exhibits, attachments, and schedules hereto set forth the entire understanding of the parties and may be modified only by a written instrument duly executed by each party. 3 VIII. TERMINATION: Notwithstanding anything to the contrary contained in this Agreement, should the Grantee or any sub-grantee materially fail to comply with any of the conditions of this Agreement, NFWF may, with cause, immediately terminate the Grant. In the event of termination, NFWF will provide Grantee with written notice of such termination, the reasons therefore and the amount of the Settlement Funds to be returned or reimbursed. NFWF may cancel all unpaid installments of the gratn. This Grant may also be terminated by mutual agreement. IX. NOTICE: Correspondence between the parties should be addressed to the project officers. Grantee will notify NFWF concerning changes to contact, address, etc. NFWF: Grantee: Whitney Tilt, Project Officer National Fish and Wildlife Foundation 1120 Connecticut Avenue, NW, Suite 900 Washington, DC 20036 Phone: 202-857-0166 Fax: 202-857-0162 E-mail: tilt@nfwf.org Richard Jones Marine Resources Planner County of Monroe 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Phone: 305-289-2805 E-mail: rjones@mail.state.fl.us X. PATENTS AND COPYRIGHTS: Grantee has the right to obtain patents and copyrights on any product created under this Agreement. 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. XI. ADDITIONAL SUPPORT: In making this Grant, NFWF assume 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 endorsement of the Grantee's products or activities by NFWF or RCCL. XII. ATTACHMENTS: This Agreement requires an understanding of, and compliance with, the following referenced (marked) documents, incorporated herein as part of this Agreement. 181 Project Budget/Financial Reporting Form (Attachment A) o Land Acquisition Requirements XIII. ARBITRATION AND CHOICE OF LAW: 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 4 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. 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. XIV. 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 and its 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. This indemnification will survive termination of this Agreement. XVI. COMPLETE AGREEMENT: This Agreement and Attachments hereto and the 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. ********** Executed and made effective by an authorized representative of the National Fish and Wildlife Foundation. By: Ik~! ?M/;U6"1 Amos S. Eno, Exkcutive Director Monroe County acknowledges receipt of this Agreement and attachments..as...f~renced above for the Channel Marking Master Plan project (98-249-002). The terms ~ condition"s,.set forth herein are acceptable and we agree to comply with them. We unrd'stand that failu~ to comply ~ith al~ conditi~ns ~isted he~ein and with all applicable federalla 's an., d. .r. egUla~, ns m '0' ay result in Immediate termmatlon of thiS Grant. ' 'I,~. . . :i \ ......~~!J) -- -:~..... ~t\ _...-~ " ;,....,\;'.'.\.UfAL). ',',' ,/ '-A...) . '" -- ---... \~ " ~' " ' ' Signature: 'I' . '~'" ,..~~hDAN' L. KOLHAGE, OERK Title: .A1 Cl yo r ~ Co L1JU_~~ , , DEPUTY ~'.Li',!:::, 98-249-002.con Template: Settlementgrant.frm (revised 9/98) 5 B Attachment A - NFWF Approved Budget and Financial Reporting Form Grantee: County of Monroe Project Name: Project #: Channel Markin~ Master Plan 98-249-002 Grant Period: Period Covered (award date - reporting end date): 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: Category and Total NFWF Grant Budget $ Columns mnst list all budget items as approved in the grant agreement. The remaining columns (A, B, A+B) show only the expenses incurred to date against appropriate budget item. Please note, financial reports must reflect the cumulative financial activity from the be~innin~ of the ~rant to date. Category as approved in budget* (e.g. salaries) Approved Budget Actual Expenses 17' Boston Whaler, motor, trailer $23 250 Su lies: Services: Aerial hotos $3 750 $25 000 Installation of channer markers TOTAL PLEASE MAKE SEVERAL COPIES OF THIS FORM FOR FINANCIAL REPORTING TO NFWF Complete aU shaded areas, sign, and mail original to NFWF with invoices and biannual programmatic reports. *Please note, these must be listed as specific, identifiable categories. "Miscellaneous" and acronyms not clearly explained are not acceptable.