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27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
N
A
T
I
O
N
A
L
FISH AND WILDLIFE
FOUNDATION
GRANT AGREEMENT
1. NFWF PROPOSAL ID:
75741
2. NFWF GRANT ID:
0318.23.075741
3. UNIQUE ENTITY IDENTIFIER
(UEI)
KUYHVCR5A8M8
4 .
INDIRECT COST RATE
(REFERENCE LINE 17 for RATE
TERMS)
N/A
5. SUBRECIPIENT TYPE
State or Local Government
6. NFWF SUBRECIPIENT
City of Alameda
7. NFWF SUBRECIPIENT CONTACT
8. NFWF GRANTS ADMINISTRATOR/NFWF CONTACT
INFORMATION
Danielle
Mieler
City of Alameda
2263 Santa Clara Ave
RM 120
Alameda, CA
94501-4477
Tel:
510-747-4713
[email protected]
Alex Pageotte
National Fish and Wildlife Foundation
1133 15
th
Street, N.W. Suite 1000
Washington, D.C. 20005
Tel:202-857-0166
Fax: 202-857-0162
[email protected]
9. PROJECT TITLE
Adaptation Planning for the San Leandro Operation Landscape Unit (CA)
10. PROJECT DESCRIPTION
Create a coordinated action plan to advance sea-level rise adaptation in the San Leandro Operation Landscape Unit. Project will bring together a coalition of shoreline communities, agencies, and stakeholders to conduct a vulnerability assessment and identify strategies to mitigate flood impact and enhance habitat.
11. PERIOD OF PERFORMANCE
October 1
st
,
2022
to
June 1
st
, 2026
12. TOTAL AWARD TO
SUBRECIPIENT
$540,000
13. TOTAL FED.
FUNDS
$540,000
14. TOTAL NON-FED.
FUNDS
N/A
15. FEDERAL MATCH REQUIREMENT
$1,500,000
16. NON-FEDERAL MATCH REQUIREMENT
$800,000
17. SUBRECIPIENT INDIRECT COST RATE TERMS
The rate specified in Line 4 reflects that the Subrecipient has elected not to claim an indirect cost rate and that this election shall apply throughout the project
’
s period of performance.
18. TABLE OF CONTENTS
SEC.
DESCRIPTION
1 NFWF Agreement Administration
2 NFWF Agreement Clauses
3 Representations, Certifications, Obligations, and Other Statements –
General
4 Representations, Certifications, and Other Statements Relating to Federal Funds- General 5 Representations, Certifications, and Other Statements Relating to Federal Funds –
Funding Source Specific
6 Other Representations, Certifications, Statements and Clauses Page
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27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL
A.
FUNDING
SOURCE
(FS)
B. NFWF FS
ID
C. FS AWARD
DATE TO NFWF
D. FAIN
E. TOT FED.
AWARD TO
NFWF
F. TOT OBLG.
TO
SUBRECIPIENT
G. FS END
DATE
H.
CFDA
NOAA
FC.R
520
5/3/2022
NA22NOS4730114
$32,939,000
$540,000
5/31/2027
11.473
20. NOTICE OF AWARD
The National Fish and Wildlife Foundation (NFWF) agrees to provide the NFWF Award to the NFWF Subrecipient for the purpose of satisfactorily performing the Project described in a full proposal as identified on line 1 and incorporated into this Agreement by reference. The NFWF Award is provided on the condition that the NFWF Subrecipient agrees that it will raise and spend at least the amount listed on lines 15 and 16 in matching contributions on the Project, as applicable. The Project must be completed, with all NFWF funds and matching contributions spent, during the Period of Performance as set forth above. All items designated on the Cover Page and the Table of Contents are incorporated into this Agreement by reference herein. NFWF Subrecipient agrees to abide by all statutory or regulatory requirements, or obligations otherwise required by law. Subrecipient is obligated to notify NFWF if any of the information on the Cover Page changes in any way, whether material or immaterial.
A. NAME AND TITLE OF AUTHORIZED SUBRECIPIENT SIGNER (
Type
or Print
)
D. NAME AND TITLE OF NFWF AWARDING OFFICIAL
Holly A. Bamford, PhD, Chief Conservation Officer
B. SUBRECIPIENT
BY
C. DATE
E. NATIONAL FISH AND WILDLIFE FOUNDATION
BY
F. DATE
NFWF prohibits discrimination in all its programs and activities on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, personal appearance, citizen status, disability, sexual orientation, gender identity or expression, pregnancy, child birth
or related medical conditions, family responsibilities, matriculation, genetic information, political or union affiliation, veteran status or any other status protected by applicable law (
“
Protected Categories
”
). In addition, NFWF prohibits retaliation against an individual who opposes an unlawful educational practice or policy or files a charge, testifies or participates in any complaint under Title VI. NFWF complies with all applicable federal, state and local laws in its commitment to being an equal opportunity provider and employer; accordingly, it is NFWF
’
s policy to administer all employment actions, including but not limited to, recruiting, hiring, training, promoting, and payment of wages, without regard to any Protected Category( ies
).
See Reporting Schedule on the following page.
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21. REPORTING DUE DATES/SUBRECIPIENT REPORTING SCHEDULE Reporting Task
Task Due Date
Annual Financial Report
October 1
st
,
2023
Interim Programmatic Report
October 1
st
, 2023
Interim Programmatic Report
April 1
st
,
2024
Annual Financial Report
October 1
st
, 2024
Interim Programmatic Report
October 1
st
, 2024
Interim Programmatic Report
April 1
st
, 202
5 Annual Financial Report
October 1
st
, 2025
Interim Programmatic Report
October 1
st
, 2025
Interim Programmatic Report
April 4
th
, 2026
Final Financial Report
September
1 st
,
2026
Final Programmatic Report
September
1 st
, 2026
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SECTION 1
NFWF AGREEMENT ADMINISTRATION
1.1. Amendments.
During
the
life
of
the
Project,
the
NFWF
Subrecipient
is
required
to
immediately
inform
in
writing
the
NFWF
Grants
Administrator
of
any
changes
in
contact
information,
Key
Personnel,
scope
of
work,
indirect
cost
rate,
as
well
as
any
difficulties
in
completing
the
performance
goals
articulated
in
the
Project
description.
NFWF
Subrecipients
must
request
an
amendment
from
NFWF
upon
determination
of
a
deviation
from
the
original
Grant
Agreement
as
soon
as
such
deviation
is
detected.
NFWF
reserves
the
right
to
approve,
deny
and/or
negotiate
any
such
request.
Alternatively,
NFWF
may
initiate
an
amendment
if
NFWF
determines
an
amendment
is
necessary
at any time. Amendment requests are to be submitted via NFWF ’
s grants management system.
1.1.1. Budget Amendment Request.
If
the
NFWF
Subrecipient
determines
that:
1)
the
amount
of
the
budget
is
going
to
change
in
any
one
direct
cost
category
by
an
amount
that
exceeds
10%
of
the
Award,
or
2)
there
is
a
need
to
increase
indirect
costs,
the
NFWF
Subrecipient
must
seek
prior
written
approval
via an amendment request in NFWF
’
s grants management system.
1.1.2. Extension of Performance Period.
If
additional
time
is
needed
to
complete
the
approved
Project,
the
NFWF
Subrecipient
should
contact
the
NFWF
Grants
Administrator
at
least
45 calendar
days
prior
to
the
project
period
expiration
date
to
initiate
the
no-cost
extension
request
process
in
NFWF
’
s
grants
management
system.
In
addition,
if
there
are
overdue
reports
required,
the
NFWF
Subrecipient
must
ensure
that
they
are
submitted
along
with
or
prior
to
submitting
the
no-
cost extension request.
1.2. Matching Contributions.
Matching
Contributions
consist
of
cash,
contributed
goods
and
services,
volunteer
hours,
and/or
property
raised
and
spent
for
the
Project.
Matching
Contributions
for
the
purposes
of
this
Project
must
meet
the
following
criteria:
(1)
Are
verifiable
from
the
NFWF
Subrecipient
’
s
records;
(2)
Are
not
included
as
contributions
for
any
other
federal
award;
(3)
Are
necessary
and
reasonable
for
the
accomplishment
of
project
or
program
objectives;
(4)
Are
allowable
under
OMB
Cost
Principles;
(5)
Are
not
paid
by
the
U.S.
Government
under
another
federal
award
except
where
the
federal
statute
authorizing
a
program
specifically
provides
that
federal
funds
made
available
for
such
program
can
be
applied
to
matching
or
cost
sharing
requirements
of
other
federal
programs
when
authorized
by
federal
statute;
(6)
Are
provided
for
in
the
approved
budget
when
required
by
the
federal
awarding
agency;
(7)
Are
committed
directly
to
the
project
and
must
be
used
within
the
period
of
performance
as
identified
in
this
Agreement;
(8)
Otherwise
conform
to
the
law;
and,
(9)
Are
in
compliance
with
the
requirements
of
Section
3.3 of
this
Agreement
concerning
Compliance
with Laws.
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1.2.1. Documentation and Reporting of Matching Contributions.
The
NFWF
Subrecipient
must
retain
supporting
documentation,
including
detailed
time
records
for
contributed
services,
original
receipts,
appraisals
of
real
property,
and
comparable
rentals
for
other
contributed
property,
at
its
place
of
business
in
the
event
of
an
audit
of
the
NFWF
Subrecipient
as
required
by
applicable
federal
regulations.
The
NFWF
Subrecipient must report match progress in Payment Requests and Financial Reports.
1.2.2. Assessing Fair Market Value.
Fair
market
value
of
donated
goods,
services
and
property,
including
volunteer
hours,
shall
be
computed
as
outlined
in
§200.306
of
2 CFR
Subtitle
A,
Chapter
II,
Part
200,
Uniform
Administrative
Requirements,
Cost
Principles,
and
Audit
Requirements
for
Federal
Awards,
(hereinafter
“
OMB
Uniform
Guidance
”
)
,
regardless
of
whether
this
Agreement
is
federally
funded.
1.3. Payment of Funds.
To
be
eligible
to
receive
funds,
NFWF
Subrecipient
must
submit
to
NFWF
(1)
an
original
executed
copy
of
this
Agreement
for
the
Project;
(2)
any
due
financial
and
programmatic
reports;
and
(3)
a
complete
and
accurate
Payment
Request
via
NFWF
’
s
grants
management
system.
At
any
time,
NFWF
reserves
the
right
to
require
submission
of
source
documentation,
including
but
not
limited
to
timesheets,
cash
receipts,
contracts
or
subaward
agreements,
for
any
costs
where
the
NFWF
Subrecipient
is
seeking
reimbursement
by
NFWF.
NFWF
reserves
the
right
to
retain
up
to
ten
percent (10%) of funds until submission and acceptance of final reports.
1.3.1. Reimbursements.
NFWF
Subrecipient
may
request
funds
on
a
reimbursable
basis.
Reimbursement
requests
must
include
expenditures
to
date
and
an
explanation
of
any
variance
from
the
approved
budget.
1.3.2. Advances.
NFWF
Subrecipient
may
request
advance
payment
of
funds
prior
to
expenditure
provided
that
the
NFWF
Subrecipient:
(1)
demonstrates
an
immediate
need
for
advance
payment;
(2)
documents
expenditure
of
advanced
funds;
3)
maintains
written
procedures
that
minimize
the
time
elapsing
between
the
transfer
of
funds
and
disbursement;
and
(4)
has
established
appropriate
financial
management
systems
that
meet
the
needs
and
standards
for
fund
control
and
accountability.
Approval
of
any
advance
payment
of
funds
is
made
at
the sole discretion of NFWF, based on an assessment of the NFWF Subrecipient ’
s needs.
1.3.3. Interest.
Any
interest
earned
in
any
one
year
on
funds
advanced
to
the
NFWF
Subrecipient
that
exceeds
$500
must
be
reported
to
NFWF,
and
the
disposition
of
those
funds
negotiated
with
NFWF.
Interest
amounts
up
to
$500
per
year
may
be
retained
by
the
NFWF
Subrecipient for administrative
expense
.
1.4. Reports.
1.4.1. Interim Programmatic Reports.
The
NFWF
Subrecipient
will
submit
interim
programmatic
reports
to
NFWF
based
on
the
reporting
schedule
in
Line
21 of
the
Cover
Sheet
to
this
Agreement,
as
may
be
amended
at
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NFWF
’
s
sole
discretion.
The
interim
programmatic
report
shall
consist
of
written
statements
of
Project
accomplishments
and
updated
metric
values
since
Project
initiation,
or
since
the
last
reporting
period,
and
shall
be
submitted
via
NFWF
’
s
grants
management
system.
NFWF
may
require
specific
formatting
and/or
additional
information
as
appropriate.
1.4.2. Interim Financial Reports.
The
NFWF
Subrecipient
will
submit
interim
financial
reports
to
NFWF
based
on
the
reporting
schedule
in
Line
21 of
the
Cover
Sheet
to
this
Agreement,
as
may
be
amended
at
NFWF
’
s
sole
discretion.
The
interim
financial
report
shall
consist
of
financial
information
detailing
cumulative
expenditures
made
under
this
Project
since
Project
initiation
and
shall
be
uploaded
via
NFWF
’
s
grants
management
system
.
NFWF
may
require
specific
formatting and/or additional information as appropriate.
1.4.3. Annual Financial Report.
The
NFWF
Subrecipient
will
submit
annual
financial
reports
to
NFWF
based
on
the
reporting
schedule
in
Line
21 of
the
Cover
Sheet
to
this
Agreement,
as
may
be
amended
at
NFWF
’
s
sole
discretion.
The
NFWF
Subrecipient
must
enter
a
justification
when
there
is
a
difference
between
the
amount
disbursed
by
NFWF
and
the
amount
expended
by
the
grantee.
Failure
to
submit
an
annual
financial
report
in
a
timely
manner
will
delay
payment
of submitted payment requests.
1.4.4. Final Reports.
Based
on
the
reporting
schedule
in
Line
21 of
the
Cover
Sheet
to
this
Agreement,
the
NFWF
Subrecipient
will
submit
(1)
a
Final
Financial
Report
accounting
for
all
Project
funds
received,
Project
expenditures,
and
budget
variances
(if
any)
compared
to
the
approved
budget;
(2)
a
Final
Programmatic
Report
summarizing
and
documenting
the
accomplishments
and
metric
values
achieved
during
the
Period
of
Performance;
(3)
copies
of
any
publications,
press
releases
and
other
appropriate
products
resulting
from
the
Project;
and
(4)
photographs
as
described
in
Section
1.4.3.1 below.
The
final
reports
and
digital
photo
files
should
be
uploaded
via
NFWF
’
s
grants
management
system.
Any
requests
for
extensions
of
final
report
submission
dates
must
be
made
in
writing
to
the
NFWF
Grants
Administrator
and
approved
by
NFWF
in
advance.
NFWF
may
require
specific
formatting and/or additional information as appropriate.
1.4.4.1. Photographs.
NFWF
requests,
as
appropriate
for
the
Project,
a
representative
number
of
high-
resolution
(minimum
300
dpi)
photographs
depicting
the
Project
(before-and-after
images,
images
of
species
impacted,
and/or
images
of
staff/volunteers
working
on
the
Project).
Photographs
should
be
uploaded
with
the
Final
Programmatic
Report
via
NFWF
’
s
grants
management
system
as
individual
.jpg
files.
The
Final
Programmatic
Report
narrative
should
list
each
photograph,
the
date
the
photograph
was
taken,
the
location
of
the
photographed
image,
caption,
photo
credit,
and
any
other
pertinent
information
(e.g.,
species,
activity
conducted)
describing
what
the
photograph
is
depicting.
By
uploading
photographs
to
NFWF
’
s
grants
management
system
the
NFWF
Subrecipient
certifies
that
the
photographs
are
unencumbered
and
that
NFWF
and
Project
Funders
have
a
fully
paid
up
non-
exclusive,
royalty-free,
irrevocable,
perpetual,
worldwide
license
for
posting
of
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Final
Reports
and
for
any
other
purposes
that
NFWF
or
the
Project
Funder
determines appropriate.
1.4.5. Significant Developments.
The
NFWF
Subrecipient
shall
report
on
events
that
may
occur
between
the
scheduled
performance
reporting
dates
that
have
a
significant
impact
on
the
Project.
Such
reporting
shall be made as soon as the following conditions become known:
1.4.5.1. Problems,
delays,
or
adverse
conditions
which
will
materially
impair
the
ability
to
meet
the
Project
objective,
including
but
not
limited
to
the
objective
itself,
its
schedule
and/or
the
budget.
This
disclosure
must
include
a
statement
of
the
action
taken,
or
contemplated,
and
any
assistance
needed
to
resolve
the
matter; and/or,
1.4.5.2. Favorable
developments
which
enable
meeting
time
schedules
and
objectives
sooner
or
at
less
cost
than
anticipated
or
produce
more
or
different
beneficial results than originally planned.
1.5. Reports and Payment Requests.
All reports, financial, programmatic, or otherwise, or payment requests under a federal award must be submitted by a representative of the NFWF Subrecipient who has the NFWF Subrecipient ’
s
full authority to render such reports and requests for payment and to provide required certifications as set forth in 2 CFR 200.415, as applicable.
1.6. Record Retention and Access.
1.6.1. Retention Requirements for Records.
NFWF Subrecipient
shall maintain all records connected with this Agreement for a period of at least three (3) years following the latest end date of the funding source(s) referenced above in line 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL or the close-out of all pending matters or audits related to this Agreement, whichever is later. As funding source end dates may be extended over time, the NFWF Subrecipient will be notified of the most up-to-date record retention requirements upon closure of this Award.
I
f any litigation, claim, or audit is started (irrespective of the NFWF Subrecipient ’
s
involvement in such matter) before the expiration of the 3-year period, the records shall be retained until all litigation, claims or audit findings or pending matters involving the records have been resolved and final action taken. NFWF shall notify NFWF Subrecipient if any such litigation, claim or audit takes place or if funding source end date(s) is extended so as to
extend the retention period.
Records for real property and equipment acquired
with federal funds must be retained for at least three (3) years following disposition of such real property. For awards solely funded with funding sources with “
N/A
”
listed as
the end date, NFWF Subrecipient shall maintain all records connected with this Agreement for a period of at least three (3) years following the date of final payment or the Period of Performance end date, whichever is later.
1.6.2. Access to Records.
NFWF or any of its authorized representatives shall have access to such records and financial statements upon request, as shall Inspectors General, the Comptroller General of the United States or any of their authorized representatives if the Funding Source or any
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funding entity (
i.e.,
a secondary funding source) is a federal agency and/or any portion of the Project provided herein is paid with federal funds
. The rights of access in this section
are not limited to the required retention period but last as long as
the records are
retained.
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SECTION 2
NFWF AGREEMENT CLAUSES
2.1. Restrictions on Use of Funds.
The
NFWF
Subrecipient
agrees
that
any
funds
provided
by
NFWF
and
all
Matching
Contributions
will
be
expended
only
for
the
purposes
and
programs
described
in
this
Agreement.
No
funds
provided
by
NFWF
pursuant
to
this
Agreement
or
Matching
Contributions
may
be
used
to
support
litigation
expenses,
lobbying
activities,
or
any
other
activities
not
authorized
under
this
Agreement
or
otherwise
unallowable
under
the
Federal
Cost
Principles
set
forth
in
the
OMB
Uniform
Guidance.
2.2. Assignment.
The
NFWF
Subrecipient
may
not
assign
this
Agreement,
in
whole
or
in
part,
to
any
other
individual
or other legal entity without the prior written approval of NFWF.
2.3. Subawards and Contracts.
When
making
subawards
or
contracting,
NFWF
Subrecipient
shall:(1)
abide
by
all
applicable
granting
and
contracting
procedures,
including
but
not
limited
to
those
requirements
of
the
OMB
Uniform
Guidance
(2
C.F.R.
Part
200);
(2)
ensure
that
all
applicable
federal,
state
and
local
requirements
are
properly
flowed
down
to
the
subawardee
or
contractor,
including
but
not
limited
to
the
applicable
provisions
of
the
OMB
Uniform
Guidance
(2
C.F.R.
Part
200);
and
(3)
ensure
that
such
subaward
or
contracting
complies
with
the
requirements
in
Section
3.3 of
this
Agreement
concerning
Compliance
with
Laws.
NFWF
Subrecipient
shall
also
include
in
any
subaward
or
contract
a
similar
provision
to
this,
requiring
the
use
of
proper
grant
and
contracting
procedures
and
subsequent
flow
down
of
federal,
state,
and
local
requirements
to
lower-tiered
subawardees
and contractors.
2.4. Unexpended Funds.
Any
funds
provided
by
NFWF
and
held
by
the
NFWF
Subrecipient
and
not
expended
at
the
end
of
the
Period
of
Performance
will
be
returned
to
NFWF
within
ninety
(90)
days
after
the
end
of
the
Period of Performance.
2.5. Publicity, Acknowledgment of Support, and Disclaimers.
2.5.1. Publicity.
The
NFWF
Subrecipient
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.
2.5.2. Acknowledgment of Support.
The
NFWF
Subrecipient
agrees
to:
(1)
give
appropriate
credit
to
NFWF
and
any
Funding
Sources
identified
in
this
Agreement
for
their
financial
support
in
any
and
all
press
releases,
publications,
annual
reports,
signage,
video
credits,
dedications,
and
other
public
communications
regarding
this
Agreement
or
any
of
the
project
deliverables
associated
with
this
Agreement,
subject
to
any
terms
and
conditions
as
may
be
stated
in
Section
5 and Section 6 of this Agreement; and (2)
include the disclaimer provided at Section 2.5.4
.
2.5.3. Logo Use.
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The
NFWF
Subrecipient
must
obtain
prior
NFWF
approval
for
the
use
relating
to
this
Award
of the NFWF logo or the logo or marks of any Funding Source.
2.5.4. Disclaimers.
Payments
made
to
the
NFWF
Subrecipient
under
this
Agreement
do
not
by
direct
reference
or
by
implication
convey
NFWF
’
s
endorsement
nor
the
endorsement
by
any
other
entity
that
provides
funds
to
the
NFWF
Subrecipient
through
this
Agreement,
including
the
U.S.
Government,
as
applicable,
for
the
Project.
All
information
submitted
for
publication
or
other
public
releases
of
information
regarding
this
Agreement
shall
carry
the following disclaimer, which NFWF may revise at any time at its sole discretion:
For
Projects
funded
in
whole
or
part
with
federal
funds:
"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
and
its
funding
sources.
Mention
of
trade
names
or
commercial
products
does
not
constitute
their
endorsement
by
the
U.S.
Government,
or
the
National
Fish and Wildlife Foundation or its funding sources."
For
Projects
not
funded
with
federal
funds:
“
The
views
and
conclusions
contained
in
this
document
are
those
of
the
authors
and
should
not
be
interpreted
as
representing
the
opinions
of
the
National
Fish
and
Wildlife
Foundation
or
its
funding
sources.
Mention
of
trade
names
or
commercial
products
does
not
constitute
their
endorsement
by
the
National Fish and Wildlife Foundation or its funding sources."
2.6. Posting of Final Reports.
The
NFWF
Subrecipient
hereby
acknowledges
and
consents
for
NFWF
and
any
Funding
Source
identified
in
this
Agreement
to
post
its
final
programmatic
reports
and
deliverables
on
their
respective
websites.
In
the
event
that
the
NFWF
Subrecipient
intends
to
claim
that
its
final
report
contains
material
that
does
not
have
to
be
posted
on
such
websites
because
it
is
protected
from
disclosure
by
statutory
or
regulatory
provisions,
the
NFWF
Subrecipient
shall
so
notify
NFWF
and
any
Funding
Source
identified
in
this
Agreement
and
clearly
mark
all
such
potentially
protected
materials
as
“
PROTECTED,
”
providing
an
accurate
and
complete
citation
to
the
statutory
or
regulatory source for such protection.
2.7. Website Links.
The
NFWF
Subrecipient
agrees
to
permit
NFWF
to
post
a
link
on
any
or
all
NFWF
websites
to
any
websites created by the NFWF Subrecipient in connection with the Project.
2.8. Evaluation.
Throughout
a
program
or
business
plan,
NFWF
engages
in
monitoring
and
evaluation
to
assess
progress
toward
conservation
goals
and
inform
future
decision-making.
These
efforts
use
both
data
collected
by
grantees
as
part
of
their
NFWF
grant
as
well
as
post-award
project
data
collected
by
third-party
entities
commissioned
to
conduct
a
program
evaluation.
The
NFWF
Subrecipient
agrees
to
cooperate
with
NFWF
by
providing
timely
responses
to
all
reasonable
requests
for
information
to
assist
in
evaluating
the
accomplishments
of
the
Project
period
of
five
(5)
years
after
the
project
end date.
2.9. Intellectual Property.
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Reports,
materials,
books,
databases,
monitoring
data,
maps
and
spatial
data,
audio/video,
and
other
forms
of
intellectual
property
created
using
this
grant
may
be
copyrighted
or
otherwise
legally
protected
by
the
NFWF
Subrecipient
or
by
the
author.
The
NFWF
Subrecipient
agrees
to
provide
to
NFWF
and
any
Funding
Source
identified
in
this
Agreement
a
non-exclusive,
royalty-free,
irrevocable,
perpetual,
worldwide
license
to
use,
publish,
copy
and
alter
the
NFWF
Subrecipient
’
s
intellectual
property
created
using
this
award
for
non-commercial
purposes
in
any
media
–
whether
now
known
or
later
devised
–
including
posting
such
intellectual
property
on
NFWF
’
s
or
Funding
Source
websites
and
featuring
in
publications.
NFWF
retains
the
right
to
use
project
metrics
and
spatial
data
submitted
by
the
NFWF
Subrecipient
to
estimate
societal
benefits
that
result
and
to
report
these
results
to
funding
partners
on
a
case-by-case
basis
as
determined
by
NFWF.
These
may
include
but
are
not
limited
to:
habitat
and
species
response,
species
connectivity,
water
quality,
water
quantity,
risk
of
detrimental
events
(e.g.,
wildfire,
floods),
carbon
accounting
(e.g.,
sequestration,
avoided
emissions),
environmental
justice,
and
diversity,
equity,
and inclusion.
2.10. System for Award Management (SAM) Registration.
The
NFWF
Subrecipient
must
maintain
an
active
SAM
registration
at
www.SAM.gov
until
the
final
financial
report
is
submitted
or
final
payment
is
received,
whichever
is
later.
If
the
NFWF
Subrecipient
’
s
SAM
registration
expires
during
the
required
period,
NFWF
will
suspend
payment
to
the NFWF Subrecipient until the SAM registration is updated.
2.11. 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
NFWF
Subrecipient.
Notice
of
the
demand
for
arbitration
shall
be
made
within
a
reasonable
time,
not
to
exceed
three
years,
after
the
claim,
dispute,
or
other
matter
in
question
has
arisen.
The
award
rendered
by
the
arbitrator
or
arbitrators
shall
be
final.
The terms of this provision will survive termination of this Agreement.
2.12. Indemnity.
The
NFWF
Subrecipient
shall
indemnify
and
hold
harmless
NFWF,
any
Funding
Source
identified
in
this
Grant
Agreement,
their
respective
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
or
liabilities
arising
from
or
in
connection with the Project. The terms of this provision will survive termination of this Agreement.
2.13. Insurance.
The
NFWF
Subrecipient
agrees
to
obtain
and
maintain
all
appropriate
and/or
required
insurance
coverages
against
liability
for
injury
to
persons
or
property
from
any
and
all
activities
undertaken
by
the
NFWF
Subrecipient
and
associated
with
this
Agreement
in
any
way.
NFWF
reserves
the
right
to
require
additional
insurance
limits
and
policies
based
on
specific
activities
under
this
Agreement,
that
NFWF
be
named
insured
on
all
applicable
insurance
policies,
and
that
the
NFWF
Subrecipient
provide
a
certificate
of
insurance
and/or
copies
of
applicable
insurance
policies
as
requested
by
NFWF. The terms of this provision will survive termination of this Agreement.
2.14. Choice of Law/Jurisdiction.
This
Agreement
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,
the
NFWF
Subrecipient
agrees
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27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
to
submit
to
the
exclusive
jurisdiction
of
the
courts
of
the
District
of
Columbia.
The
terms
of
this
provision will survive termination of this Agreement.
2.15. Stop Work.
NFWF
may,
at
any
time,
by
written
order
to
the
NFWF
Subrecipient,
require
the
NFWF
Subrecipient
to
stop
all,
or
any
part,
of
the
work
called
for
by
this
Agreement
for
a
period
of
90 days
after
the
order
is
delivered
to
the
NFWF
Subrecipient.
The
order
shall
be
specifically
identified
as
a
stop-
work
order
issued
under
this
section.
Upon
receipt
of
the
order,
the
NFWF
Subrecipient
shall
immediately
comply
with
its
terms
and
take
all
reasonable
steps
to
minimize
the
incurrence
of
costs
allocable
to
this
Agreement
covered
by
the
order
during
the
period
of
work
stoppage.
Within
a
period
of
90 calendar
days
after
a
stop-work
order
is
delivered
to
the
NFWF
Subrecipient,
or
within
any
extension
of
that
period
to
which
the
parties
shall
have
agreed,
NFWF
shall
either
cancel
the stop-work order or terminate the Agreement under section 2.16.
2.16. Termination.
2.16.1. Upon
the
occurrence
of
any
of
the
following
enumerated
circumstances,
NFWF
may
terminate
this
Agreement,
or
any
portion
thereunder,
upon
receipt
by
the
NFWF
Subrecipient
of
NFWF
’
s
written
notice
of
termination,
or
as
otherwise
specified
in
the
notice of termination:
2.16.1.1. the
NFWF
Subrecipient
is
adjudged
or
becomes
bankrupt
or
insolvent,
is
unable
to
pay
its
debts
as
they
become
due,
or
makes
an
assignment
for
the
benefit of its creditors; or,
2.16.1.2. the
NFWF
Subrecipient
voluntarily
or
involuntarily
undertakes
to
dissolve
or wind up its affairs; or,
2.16.1.3. suspension
or
debarment
by
the
Government
of
the
NFWF
Subrecipient;
or,
2.16.1.4. any
breach
of
the
requirements
set
forth
in
Section
3.3 of
this
Agreement concerning Compliance with Laws; or,
2.16.1.5. NFWF
learns
that
NFWF
Subrecipient
has
an
organizational
conflict
of
interest,
or
any
other
conflict
of
interest,
as
determined
in
the
sole
discretion
of
NFWF, that NFWF believes, in its sole discretion, cannot be mitigated; or,
2.16.1.6. after
written
notice
and
a
reasonable
opportunity,
the
NFWF
Subrecipient
is
unable
to
cure
a
perceived
non-compliance
with
any
material
term
(other
than
those
enumerated
at
2.16.1.1 –
2.16.1.5)
of
this
Agreement.
The
cure
period
shall
be
considered
the
timeframe
specified
by
the
Funding
Source(s),
if
any,
minus
one
(1)
to
five
(5)
days
or
as
agreed
upon
by
the
Parties
in
writing,
or
if
no
time
is
specified
by
the
Funding
Source(s),
ten
(10)
days
or
as
otherwise
agreed
upon
by
the
Parties.
Within
this
time
period
the
NFWF
Subrecipient
shall,
as
determined
by
NFWF,
(a)
satisfactorily
demonstrate
its
compliance
with
the
term(s)
originally
believed
to
be
in
non-compliance;
or
(b)
NFWF,
at
its
sole
discretion,
may
determine
that
NFWF
Subrecipient
has
satisfactorily
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demonstrated
that
reasonable
progress
has
been
made
so
as
not
to
endanger
performance under this Agreement; or,
2.16.1.7. if
the
Funding
Source
issues
an
early
termination
under
the
funding
agreement(s) covering all or part of the Project at issue hereunder.
2.16.2. Either
Party
may
terminate
this
Agreement
by
written
notice
to
the
other
Party
for
any reason by providing thirty (30) days
’
prior written notice to the other Party.
2.16.3. In
the
event
of
termination
of
this
Agreement
prior
to
Project
completion,
the
NFWF
Subrecipient
shall
immediately
(unless
otherwise
directed
by
NFWF
in
its
notice
if
NFWF
initiated
the
termination)
undertake
all
reasonable
steps
to
wind
down
the
Project
cooperatively with NFWF, including but not limited to the following:
2.16.3.1. Stop
any
portion
of
the
Project
’
s
work
that
is
incomplete
(unless
work
to
be
completed
and
a
different
date
for
termination
of
work
are
specified
in
NFWF
’
s
notice).
2.16.3.2. Place
no
further
work
orders
or
enter
into
any
further
subawards
or
contracts
for
materials,
services,
or
facilities,
except
as
necessary
to
complete
work as specified in NFWF
’
s notice.
2.16.3.3. Terminate
all
pending
Project
work
orders,
subawards,
and
contracts
for
work that has not yet commenced.
2.16.3.4. With
the
prior
written
consent
of
NFWF,
promptly
take
all
other
reasonable
and
feasible
steps
to
minimize
and/or
mitigate
any
damages
that
may
be
caused
by
the
failure
to
complete
the
Project,
including
but
not
limited
to
reasonable
settlements
of
any
outstanding
claims
arising
out
of
termination
of
Project
work
orders,
subawards,
and
contracts.
NFWF
will
reimburse
the
NFWF
Subrecipient
for
non-cancelable
allowable
costs
incurred
by
the
NFWF
Subrecipient
prior
to
termination
that
cannot
be
mitigated.
However,
the
foregoing
is
subject
to
the
complete
reimbursement
of
such
costs
by
the
Funding
Source;
accordingly,
any
amounts
ultimately
not
paid,
or
which
are
recouped
by
the Funding Source, are subject to recoupment by NFWF.
2.16.3.5. Deliver
or
make
available
to
NFWF
all
data,
drawings,
specifications,
reports,
estimates,
summaries,
and
such
other
information
and
material
as
may
have
been
accumulated
by
the
NFWF
Subrecipient
under
this
Agreement,
whether
completed or in progress.
2.16.3.6. Return to NFWF any unobligated portion of the Award.
2.17. Entire Agreement.
These
terms
and
conditions,
including
the
Attachments
hereto,
constitute
the
entire
agreement
between
the
Parties
relating
to
the
Project
described
herein
and
supersede
all
previous
communications,
representations,
or
agreements,
either
oral
or
written,
with
respect
to
the
subject
matter
hereof.
No
representations
or
statements
of
any
kind
made
by
any
representative
of a Party, which are not stated herein, shall be binding on said Party.
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2.18. Severability.
Each
provision
of
this
Agreement
is
distinct
and
severable
from
the
others.
If
one
or
more
provisions
is
or
becomes
invalid,
unlawful,
or
unenforceable
in
whole
or
in
part,
the
validity,
lawfulness
and
enforceability
of
the
remaining
provisions
(and
of
the
same
provision
to
the
extent
enforceable)
will
not
be
impaired,
and
the
Parties
agree
to
substitute
a
provision
as
similar
to
the
offending provision as possible without its being invalid, unlawful or unenforceable.
2.19. Interpretation and Construction.
2.19.1. This
Agreement
shall
be
interpreted
as
a
unified
contractual
document
with
the
Sections
and
the
Attachments
having
equal
effect,
except
in
the
event
of
any
inconsistency
between
them.
In
the
event
of
a
conflict
between
any
portion
of
this
Agreement
and
another
portion
of
this
Grant
Agreement,
first
the
Sections
will
apply
in
the
following
order
of precedence: 5, 4, 3, 1, 2 and 6, and then any supplemental attachments.
2.19.2. The
title
designations
of
the
provisions
to
this
Agreement
are
for
convenience
only
and shall not affect the interpretation or construction of this Agreement.
2.19.3. Every
right
or
remedy
conferred
by
this
Agreement
upon
or
reserved
to
the
Parties
shall
be
cumulative
and
shall
be
in
addition
to
every
right
or
remedy
now
or
hereafter
existing
at
law
or
in
equity,
and
the
pursuit
of
any
right
or
remedy
shall
not
be
construed
a
selection.
2.19.4. The
failure
of
NFWF
to
exercise
any
right
or
privilege
granted
hereunder
or
to
insist
upon
the
performance
and/or
compliance
of
any
provision
of
this
Agreement,
a
referenced
contractual,
statutory
or
regulatory
term,
or
an
Attachment
hereto,
shall
not
be
construed
as
waiving
any
such
right,
privilege,
or
performance/compliance
issue,
and
the
same
shall
continue in full force and effect.
2.19.5. Notwithstanding
any
express
statements
regarding
the
continuation
of
an
obligation
beyond
the
expiration
or
termination
of
this
Agreement,
the
rights
and
obligations
of
this
Agreement,
which
by
their
nature
extend
beyond
its
expiration
or
termination,
shall
remain
in
full
force
and
effect
and
shall
bind
the
Parties
and
their
legal
representatives, successors, heirs, and assigns.
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15 of
27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
SECTION 3
REPRESENTATIONS, CERTIFICATIONS, OBLIGATIONS AND OTHER STATEMENTS –
GENERAL
3.1. Binding Obligation.
By
execution
of
this
Agreement,
NFWF
Subrecipient
represents
and
certifies
that
this
Agreement
has
been
duly
executed
by
a
representative
of
the
NFWF
Subrecipient
with
full
authority
to
execute
this
Agreement
and
binds
the
NFWF
Subrecipient
to
the
terms
hereof.
After
execution
by
the
representative
of
the
NFWF
Subrecipient
named
on
the
signature
page
hereto,
this
Agreement
represents
the
legal,
valid,
and
binding
obligation
of
the
NFWF
Subrecipient,
enforceable
against
the NFWF Subrecipient in accordance with its terms.
3.2. Additional Support.
In
making
this
Award,
NFWF
assumes
no
obligation
to
provide
further
funding
or
support
to
the
NFWF Subrecipient beyond the terms stated in this Agreement.
3.3. Compliance with Laws.
3.3.1. In General.
By
execution
of
this
Agreement
and
through
its
continued
performance
hereunder,
the
NFWF
Subrecipient
represents,
certifies
and
agrees
that
it
is
and
shall
continue
to
conduct
all
such
activities
in
compliance
with
all
applicable
federal,
state,
and
local
laws,
regulations,
and
ordinances
and
to
secure
all
appropriate
necessary
public
or
private
permits
and
consents.
The
terms
of
this
provision
will
survive
termination
of
this
Agreement
and
must
be
flowed
down
to
any
and
all
contractors,
subcontractors
or
subrecipients entered into by NFWF Subrecipient in the performance of this Agreement.
3.3.2. Compliance with Anti-Corruption Laws.
The NFWF Subrecipient represents, certifies and agrees to ensure that no payments have been or will be made or received by the NFWF Subrecipient in connection with this Agreement in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. §dd‐1
et seq
.), or any other applicable anti-corruption laws or regulations (e.g., UK Bribery Act 2010) in the countries in which the NFWF Subrecipient performs under this Agreement.
3.3.3. Compliance with Anti-Terrorism Laws.
The
NFWF
Subrecipient
represents,
certifies
and
agrees
not
to
provide
material
support
or
resources
directly
or
indirectly
to,
or
knowingly
permit
any
funds
provided
by
NFWF
pursuant
to
this
Agreement
or
Matching
Contributions
to
be
transferred
to,
any
individual,
corporation
or
other
entity
that
the
NFWF
Subrecipient
knows,
or
has
reason
to
know,
commits,
attempts
to
commit,
advocates,
facilitates,
or
participates
in
any
terrorist
activity,
or
has
committed,
attempted
to
commit,
advocated,
facilitated
or
participated
in
any
terrorist
activity,
including,
but
not
limited
to,
the
individuals
and
entities
(1)
on
the
master
list
of
Specially
Designated
Nationals
and
Blocked
Persons
maintained
by
the
U.S.
Department
of
Treasury
’
s
Office
of
Foreign
Assets
Control,
which
list
is
available
at
www.treas.gov/offices/enforcement/ofac
;
(2)
on
the
consolidated
list
of
individuals
and
entities
maintained
by
the
“
1267
Committee
”
of
the
United
Nations
Security
Council
at
http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml; (3)
on
the
consolidated
list
maintained
by
the
U.S.
Department
of
Commerce
at
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16 of
27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
http://export.gov/ecr/eg_main_023148.asp,
or
(4)
on
such
other
list
as
NFWF
may
identify
from time to time.
3.3.4. Compliance with Additional Laws and Restrictions.
The
NFWF
Subrecipient
represents,
certifies
and
agrees
to
ensure
that
its
activities
under
this
Agreement
comply
with
all
applicable
U.S.
laws,
regulations
and
executive
orders
regarding
money
laundering,
terrorist
financing,
U.S.
sanctions
laws,
U.S.
export
controls,
restrictive
trade
practices,
boycotts,
and
all
other
economic
sanctions
or
trade
restrictions
promulgated
from
time
to
time
by
means
of
statute,
executive
order,
regulation
or
as
administered
by
the
U.S.
Department
of
State,
the
Office
of
Foreign
Assets
Control,
U.S.
Department
of
the
Treasury,
or
the
Bureau
of
Industry
and
Security,
U.S.
Department
of
C
o
m
m
e
r
c
e
.
3.4. Subrecipient Debarment and Suspensions.
By
and
through
NFWF
Subrecipient
’
s
execution
of
this
Agreement,
NFWF
Subrecipient
warrants
and
represents
its
initial
and
continued
compliance
that
it
is
not
listed
on
the
General
Services
Administration
’
s,
government-wide
System
for
Award
Management
Exclusions
(SAM
Exclusions),
in
accordance
with
the
OMB
guidelines
at
2 C.F.R
Part
180
that
implement
E.O.s
12549
(3
C.F.R.,
1986
Comp.,
p.
189)
and
12689
(3
C.F.R.,
1989
Comp.,
p.
235),
“
Debarment
and
Suspension.
”
The
NFWF
Subrecipient
further
provides
that
it
shall
not
enter
into
any
subaward,
contract
or
other
agreement
using
funds
provided
by
NFWF
with
any
party
listed
on
the
SAM
Exclusions
in
accordance
with
Executive
Orders
12549
and
12689.
The
SAM
Exclusions
can
be
found
at
https://www.sam.gov/portal/public/SAM/
.
3.5. Conflicts of Interest.
By
execution
of
this
Agreement,
NFWF
Subrecipient
acknowledges
that
it
is
prohibited
from
using
any
Project
funds
received
under
this
Agreement
in
a
manner
which
may
give
rise
to
an
apparent
or
actual
conflict
of
interest,
including
organizational
conflicts
of
interest,
on
the
part
of
the
NFWF
Subrecipient.
Such
a
conflict
of
interest
would
arise
when
the
employee,
officer,
or
agent,
any
member
of
his
or
her
immediate
family,
his
or
her
partner,
or
an
organization
which
employs
or
is
about
to
employ
any
of
the
parties
indicated
herein,
has
a
financial
or
other
interest
in
or
a
tangible
personal
benefit
from
a
firm
considered
for
a
contract.
The
officers,
employees,
and
agents
of
NFWF
Subrecipient
may
neither
solicit
nor
accept
gratuities,
favors,
or
anything
of
monetary
value
from
contractors
or
parties
to
subcontracts.
An
organizational
conflict
of
interest
is
defined
as
a
relationship
that
because
of
relationships
with
a
parent
company,
affiliate,
or
subsidiary
organization,
the
non-federal
entity
is
unable
or
appears
to
be
unable
to
be
impartial
in
conducting
a
procurement
action
involving
a
related
organization.
The
NFWF
Subrecipient
represents
and
certifies
that
it
has
adopted
a
conflict
of
interest
policy
that,
at
a
minimum,
complies
with
the
requirements
of
the
OMB
Uniform
Guidance,
and
will
comply
with
such
policy
in
the
use
of
any
Project
funds
received
under
this
Agreement.
NFWF
Subrecipient
may
set
standards
for
situations
in
which
the
financial
interest
is
not
substantial
or
the
gift
is
an
unsolicited
item
of
nominal
value.
The
standards
of
conduct
must
provide
for
disciplinary
actions
to
be
applied
for
violations
of
such
standards
by
officers,
employees,
or
agents
of
NFWF
Subrecipient.
If
NFWF
Subrecipient
becomes
aware
of
any
actual
or
potential
conflict
of
interest
or
organizational
conflict
of
interest,
during
the
course
of
performance
of
this
Agreement,
NFWF
Subrecipient
will
immediately
notify
NFWF
in
writing of such actual or potential conflict of interest, whether organizational or otherwise.
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27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
SECTION 4
REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS RELATING TO FEDERAL FUNDS
–
GENERAL
4. 1.
If
the
Funding
Source
or
any
funding
entity
(
i.e.,
a
secondary
funding
source)
is
a
federal
agency
and/or
any
portion
of
the
Project
provided
herein
is
paid
with
federal
funds,
the
NFWF
Subrecipient
must
read
and
understand
certain
applicable
federal
regulations,
including
but
not
limited to, the following in Sections 4 and 5 of this Agreement as set forth herein.
The
NFWF
Subrecipient
will
need
to
understand
and
comply
with
the
OMB
Uniform
Guidance
(including
related
Supplements
as
may
be
applicable
to
a
specific
federal
funding
source(s),
and
Appendices
as
may
be
applicable
),
in
addition
to
other
applicable
federal
regulations.
This
includes,
but
is
not
limited
to,
the
provisions
of
the
Federal
Funding
Accountability
and
Transparency
Act
(FFATA),
which
includes
requirements
on
executive
compensation,
and
also
requirements
implementing
the
Act
for
the
non-federal
entity
at
2 CFR
part
25 Financial
Assistance
Use
of
Universal
Identifier
and
System
for
Award
Management
and
2 CFR
part
170
Reporting
Subaward
and
Executive
Compensation
Information.
The
most
recent
version
of
the
Electronic
Code of Federal Regulations can be found at
https://www.ecfr.gov/
.
4.2. 2 CFR § 200 Subpart F Audits.
It
is
the
responsibility
of
the
NFWF
Subrecipient
to
arrange
for
audits
as
required
by
2 CFR
Part
200,
Subpart
F
–
Audit
Requirements.
The
NFWF
Subrecipient
shall
notify
NFWF
in
writing
about
2 CFR
Subpart
F
audit
findings
related
to
projects
funded
by
NFWF
pass-through
funds.
The
NFWF
Subrecipient
understands
that
NFWF
may
require
the
NFWF
Subrecipient
to
take
corrective
action
measures in response to a deficiency identified during an audit.
4.3. Real and Personal Property.
In
accordance
with
2 C.F.R.
§
200.316
(Property
trust
relationship),
real
property,
equipment,
and
intangible
property
acquired
or
improved
with
federal
funds
must
be
held
in
trust
by
the
NFWF
Subrecipient
as
trustee
for
the
beneficiaries
of
the
project
or
program
under
which
the
property
was
acquired
or
improved.
This
trust
relationship
exists
throughout
the
duration
of
the
property
’
s
estimated
useful
life
during
which
time
the
Federal
Government
retains
an
undivided,
equitable
reversionary
interest
in
the
property
(Federal
Interest).
During
the
duration
of
the
Federal
Interest,
the
NFWF
Subrecipient
must
comply
with
all
use,
reporting,
and
disposition
requirements
and
restrictions
as
set
forth
in
2 C.F.R.
§§
200.310
(Insurance
coverage)
through
200.316
(Property
trust
relationship) and 200.329 (Reporting on real property), as applicable.
4.4. Mandatory Disclosure.
NFWF Subrecipient must disclose, in a timely manner, in writing to NFWF all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.
Failure to make required disclosures can result in any of the remedies described in this Agreement, including termination, and any remedies provided under law, including suspension or debarment by cognizant federal authorities
.
4.5. Trafficking in Persons.
Pursuant
to
section
106(a)
of
the
Trafficking
Victims
Protection
Act
of
2000,
as
amended
(22
U.S.C.
7104(g))
(codified
at
2 C.F.R.
Part
175),
NFWF
Subrecipient
shall
comply
with
the
below
provisions.
Further,
NFWF
Subrecipient
shall
flow
down
these
provisions
in
all
subawards
and
contracts,
including
a
requirement
that
Subrecipients
similarly
flow
down
these
provisions
in
all
lower-tiered
subawards and subcontracts. The provision is cited herein:
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18 of
27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
I. Trafficking in persons.
a.
Provisions applicable to a recipient that is a private entity .
1. You
as
the
recipient,
your
employees,
subrecipients
under
this
award,
and
subrecipients' employees may not
—
i. Engage
in
severe
forms
of
trafficking
in
persons
during
the
period
of
time that the award is in
effect;
ii.
Procure
a
commercial
sex
act
during
the
period
of
time
that
the
award is in effect; or
iii.
Use
forced
labor
in
the
performance
of
the
award
or
subawards
under the award.
2. We
as
the
federal
awarding
agency
’
s
pass-through
entity
may
unilaterally
terminate
this
award,
without
penalty,
if
you
or
a
subrecipient
that
is
a
private
entity
—
i.
Is
determined
to
have
violated
a
prohibition
in
paragraph
a.1
of
this
award term; or
ii.
Has
an
employee
who
is
determined
by
the
agency
official
authorized
to
terminate
the
award
to
have
violated
a
prohibition
in
paragraph
a.1 of this award term through conduct that is either
—
A.
Associated with performance under this award; or
B.
Imputed
to
you
or
the
subrecipient
using
the
standards
and
due
process
for
imputing
the
conduct
of
an
individual
to
an
organization
that
are
provided
in
2 CFR
part
180,
“
OMB
Guidelines
to
Agencies
on
Government-wide
Debarment
and
Suspension (
Nonprocurement
),
”
.
b.
Provision
applicable
to
a
recipient
other
than
a
private
entity
.
We
as
the
federal
awarding
agency
’
s
pass-through
entity
may
unilaterally
terminate
this
award,
without penalty, if a subrecipient that is a private entity-
1. Is
determined
to
have
violated
an
applicable
prohibition
in
paragraph
a.1
of
this award term; or
2. Has
an
employee
who
is
determined
by
the
agency
official
authorized
to
terminate
the
award
to
have
violated
an
applicable
prohibition
in
paragraph
a.1 of this award term through conduct that is either
—
i.
Associated with performance under this award; or
ii.
Imputed
to
the
subrecipient
using
the
standards
and
due
process
for
imputing
the
conduct
of
an
individual
to
an
organization
that
are
provided
in
2 CFR
part
180,
“
OMB
Guidelines
to
Agencies
on
Government-wide Debarment and Suspension (
Nonprocurement
),
”
.
c.
Provisions applicable to any recipient
.
1. You
must
inform
us
immediately
of
any
information
you
receive
from
any
source
alleging
a
violation
of
a
prohibition
in
paragraph
a.1
of
this
award
term.
2. Our
right
to
terminate
unilaterally
that
is
described
in
paragraph
a.2
or
b
of
this section:
i.
Implements
section
106(g)
of
the
Trafficking
Victims
Protection
Act
of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii.
Is
in
addition
to
all
other
remedies
for
noncompliance
that
are
available to us under this award.
3. You
must
include
the
requirements
of
paragraph
a.1
of
this
award
term
in
any
subaward you make to a private entity.
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27 0318.23.075741 (Adaptation Planning for the San Leandro Operation Landscape Unit (CA)) Template: 4/28/2022
d.
Definitions
. For purposes of this award term:
1. “
Employee
”
means either:
i.
An
individual
employed
by
you
or
a
subrecipient
who
is
engaged
in
the performance of the project or program under this award; or ii.
Another
person
engaged
in
the
performance
of
the
project
or
program
under
this
award
and
not
compensated
by
you
including,
but
not
limited
to,
a
volunteer
or
individual
whose
services
are
contributed
by
a
third
party
as
an
in-kind
contribution
toward
cost
sharing or matching requirements.
2. “
Forced
labor
”
means
labor
obtained
by
any
of
the
following
methods:
the
recruitment,
harboring,
transportation,
provision,
or
obtaining
of
a
person
for
labor
or
services,
through
the
use
of
force,
fraud,
or
coercion
for
the
purpose
of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. “
Private entity
”
:
i.
Means
any
entity
other
than
a
State,
local
government,
Indian
tribe,
or foreign public entity, as those terms are defined in 2 CFR 175.25. ii.
Includes:
A.
A
nonprofit
organization,
including
any
nonprofit
institution
of
higher
education,
hospital,
or
tribal
organization
other
than
one
included in the definition of Indian tribe at 2 CFR 175.25(b).
B.
A for-profit organization.
4. “
Severe
forms
of
trafficking
in
persons,
”
“
commercial
sex
act,
”
and
“
coercion
”
have
the
meanings
given
at
section
103
of
the
TVPA,
as
amended
(22
U.S.C.
7102).
4.6. 41
United
States
Code
(U.S.C.)
4712,
Enhancement
of
Recipient
and
Subrecipient
Employee Whistleblower Protection:
(a)
This
award,
related
subawards,
and
related
contracts
over
the
simplified
acquisition
threshold
and
all
employees
working
on
this
award,
related
subawards,
and
related
contracts
over
the
simplified
acquisition
threshold
are
subject
to
the
whistleblower
rights
and
remedies
established
at
41 U.S.C. 4712.
(b)
Recipients,
their
subrecipients,
and
their
contractors
awarded
contracts
over
the
simplified
acquisition
threshold
related
to
this
award,
shall
inform
their
employees
in
writing,
in
the
predominant
language
of
the
workforce,
of
the
employee
whistleblower
rights
and
protections
under 41 U.S.C. 4712.
(c)
The
recipient
shall
insert
this
clause,
including
this
paragraph
(c),
in
all
subawards
and
contracts
over the simplified acquisition threshold related to this award.
4.7. 41
USC
§6306,
Prohibition
on
Members
of
Congress
Making
Contracts
with
Federal
Government.
No
member
of
or
delegate
to
Congress
or
Resident
Commissioner
shall
be
admitted
to
any
share
or
part
of
this
award,
or
to
any
benefit
that
may
arise
therefrom;
this
provision
shall
not
be
construed
to
extend
to
an
award
made
to
a
corporation
for
the
public
’
s
general
benefit.
NFWF
Subrecipient
shall
flow
down
this
provision
in
all
subawards
and
contracts,
including
a
requirement
that
subrecipients similarly flow down this provision in all lower-tiered subawards and subcontracts.
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4.8. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving. (Sub)Recipients
are
encouraged
to
adopt
and
enforce
policies
that
ban
text
messaging
while
driving,
including
conducting
initiatives
of
the
type
described
in
section
3(a)
of
the
order.
NFWF
Subrecipient
shall
flow
down
this
provision
in
all
subawards
and
contracts,
including
a
requirement
that
subrecipients
similarly
flow
down
this
provision
in
all
lower-tiered
subawards
and
subcontracts.
4.9. 43 CFR §18 New Restrictions on Lobbying.
By
execution
of
this
Agreement,
the
NFWF
Subrecipient
agrees
to
comply
with
43 CFR
18,
New
Restrictions on Lobbying, and certifies to the following statements:
(a)
No
federal
appropriated
funds
have
been
paid
or
will
be
paid,
by
or
on
behalf
of
the
NFWF
Subrecipient,
to
any
person
for
influencing
or
attempting
to
influence
an
officer
or
employee
of
an
agency,
a
Member
of
Congress,
and
officer
or
employee
of
Congress,
or
an
employee
of
a
Member
of
Congress
in
connection
with
the
awarding
of
any
federal
contract,
the
making
of
any
federal
grant,
the
making
of
any
federal
loan,
the
entering
into
of
any
cooperative
agreement,
and
the
extension,
continuation,
renewal,
amendment,
or
modification
of
any
federal
contract,
grant,
loan,
or cooperative agreement.
(b)
If
any
funds
other
than
federal
appropriated
funds
have
been
paid
or
will
be
paid
to
any
person
for
influencing
or
attempting
to
influence
an
officer
or
employee
of
any
agency,
a
Member
of
Congress,
an
officer
or
employee
of
Congress,
or
an
employee
of
a
Member
of
Congress
in
connection
with
this
federal
contract,
grant,
loan,
or
cooperative
agreement,
the
undersigned
shall
complete
and
submit
Standard
Form-LLL,
“
Disclosure
Form
to
Report
Lobbying
”
in
accordance
with
its instructions.
(c)
The
NFWF
Subrecipient
shall
require
that
the
language
of
this
certification
be
included
in
the
award
documents
for
all
subawards
at
all
tiers
(including
subcontracts,
subgrants,
and
contracts
under
grants,
loans,
and
cooperative
agreements)
and
that
all
Subrecipients
shall
certify
accordingly.
This
certification
is
a
material
representation
of
fact
upon
which
reliance
was
placed
when
this
transaction
was
made
or
entered
into.
Submission
of
this
certification,
as
represented
by
execution
of
this
Agreement,
is
a
prerequisite
for
making
or
entering
into
this
transaction
imposed
by
Section
1352,
title
31,
U.S.
Code.
Any
person
who
fails
to
file
the
required
certification
shall
be
subject
to
a
civil
penalty
of
not
less
than
$10,000
and
not
more
than
$100,000
for
each
such
failure.
All
liability
arising
from
an
erroneous
representation
shall
be
borne
solely
by
the
entity
filing
that
representation
and
shall
not
be
shared
by
any
entity
to
which
the
erroneous
representation
is
forwarded.
Submitting
an
erroneous
certification
or
disclosure
constitutes
a
failure
to
file
the
required
certification
or
disclosure,
respectively.
If
a
person
fails
to
file
a
required
certification
or
disclosure,
the
United
States
may
pursue
all
available
remedies,
including
those
authorized
by
section 1352, title 31 of the U.S. Code.
4.10. Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements.
The NFWF Subrecipient must not require their employees, subrecipients, or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The NFWF Subrecipient must notify Page
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their employees, subrecipients, or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect.
4.11. Drug-Free Workplace.
The
NFWF Subrecipient
must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 41 USC Chapter 81 Drug-Free Workplace.
4.12. Prohibition
on
Certain Telecommunications and Video Surveillance Services or Equipment. (Effective 8/13/2020)
As required by 2 CFR 200.216, the NFWF Subrecipient is prohibited from obligating or expending funds awarded under this Agreement to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company, or any other company, including affiliates and subsidiaries, owned or controlled by the People's Republic of China, which are a substantial or essential component of any system, or as critical technology as part of any system.
By and through the NFWF Subrecipient
’
s execution of this Agreement, the NFWF Subrecipient
warrants and represents that the NFWF Subrecipient will not obligate or expend funds awarded under this Agreement for
“
covered telecommunications equipment or services
”
(as this term is
defined and this restriction is imposed under 2 CFR 200.216).
4.13. Domestic Preference for Procurements.
a)
Under
this
Agreement
and
in
accordance
with
2 C.F.R.
§
200.322,
the
NFWF
Subrecipient
shall
to
the
greatest
extent
practicable,
provide
a
preference
for
the
purchase,
acquisition,
or
use
of
goods,
products
or
materials
produced
in
the
United
States
(including
but
not
limited to iron, aluminum, steel, cement, and other manufactured products). b)
For purposes of this agreement, the following definitions apply:
i.
“
Produced in the United States
”
means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and
ii.
“
Manufactured products
”
means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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SECTION 5
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO
FEDERAL FUNDS
–
FUNDING SOURCE SPECIFIC
NFWF Subrecipient acknowledges that when all or part of this Agreement is funded by a federal award that certain representations, certifications, and other statements relating to the use of such funds or performance of the Project may be necessary. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Agreement, the execution and submission of this Agreement serves as affirmative acknowledgement of an agreement with the below representations, certifications, and other statements. Further, should circumstances of the NFWF Subrecipient change during the performance of this Agreement that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the NFWF Subrecipient shall promptly notify NFWF of such change in circumstance. Finally, NFWF reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Agreement.
FC.R
520:
Department of Commerce (DOC) Compliance Requirements.
The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth in the Department of Commerce Financial Assistance Standard Terms and Conditions Dated November 12, 2020, available at http://www.osec.doc.gov/oam/grants_management/policy/
. See 2 C.F.R. § 200.101(b)(1)
(Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§200.331-333 (Subrecipient monitoring and management). Additionally, the NFWF Subrecipient must flow these requirements down to all subrecipients and contractors, including lower tier subrecipients.
Field Work.
The NFWF Subrecipient is required to follow recognized best practices for minimizing impacts to the human and natural environment when applicable and will provide for safety in their projects as needed, including addressing the safety of personnel, associates, visitors, and volunteers in their projects. In addition, any use of unoccupied aircraft systems in projects under this award must be in
compliance with
all applicable Federal Aviation Administration regulations, and any other applicable federal, state, or local regulations.
Required Use of American Iron, Steel, Manufactured Products, and Construction Materials.
If applicable, and pursuant to the Infrastructure Investment and Jobs Act ( “
IIJA
”
),
Pub.L
. No. 117-58,
which includes the Build American, Buy American (BABA) Act, Pub. L. No. 117-58, §§ 70901-52 and OMB M-22-11, recipients of an award of Federal financial assistance from the Department of Commerce (DOC) are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States
–
this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States
—
this means the manufactured product was
manufactured in the United States; and the cost of the components of the manufactured product Page
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that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States
—
this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. This requirement also applies to subrecipients.
Waivers: When necessary, recipients may apply for, and DOC may grant, a waiver from these requirements. DOC will notify the recipient for information on the process for requesting a waiver from these requirements. When DOC has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which DOC determines that: a. applying the domestic content procurement preference would be inconsistent with the public interest; b. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or c. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. DOC will provide instructions on the format, contents,
and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at whitehouse.gov/
omb
/management/made-in-
america
.
Definitions:
“
Construction materials
”
includes an article, material, or supply
—
other than an item of
primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives —
that is or consists primarily
of: non-ferrous metals; plastic and polymer-based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall.
“
Domestic content procurement preference
’’
means all iron and steel used in the project
are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.
“
Infrastructure
”
includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property.
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Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘
Project
’’
means the
construction, alteration, maintenance, or repair of infrastructure in the United States. -- 1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 2 IIJA, § 70917(c)(1).
Implementation of Domestic Sourcing Requirements
Prior to initiation of any construction that may arise in this award, the NFWF Subrecipient is required to inform NFWF whether it is using iron, steel, manufactured products, or construction materials as described in "Required Use of American Iron, Steel, Manufactured Products, and Construction Materials" above. In addition, the NFWF Subrecipient is required to inform NFWF whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition.
Data Sharing Directive.
The Data and Publication Sharing Directive for NOAA Grants, Cooperative Agreements, and Contracts
ensures that environmental data funded extramurally by NOAA are made publicly accessible in a timely
fashion (typically within two years of collection), and that final manuscripts of peer-reviewed research
papers are deposited with the NOAA Central Library (upon acceptance by the journal, or no later than at time of publication). Therefore, non-Federal entities, or recipients, must make data produced under
financial assistance publicly accessible in accordance with the Data Management Plan included with the
Proposal, unless the grant program grants a modification or an exemption. The text of the Directive is
available at https://nosc.noaa.gov/EDMC/PD.DSP.php.
a)
Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement, or Contract must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Failure to perform quality control does not constitute an excuse not to share data. Data without QC are considered “
experimental
products
”
and their dissemination must be accompanied by explicit limitations on their quality or by an indicated degree of uncertainty.
b)
Timeliness: Data accessibility must occur no later than publication of a peer-reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the grant (not including any extensions or follow-on funding), whichever is soonest, unless a delay has been authorized by the NOAA funding program. c)
Disclaimer: Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy."
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d)
Failure to Share Data: Failing or delaying
to make
environmental data accessible in
accordance with the submitted Data Management Plan, unless authorized by the NOAA Program, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. Funding recipients are responsible for ensuring these conditions are also met by sub-recipients and subcontractors.
e)
Funding acknowledgement: Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers. In addition, funding sources shall be reported during the publication submission process using the FundRef
mechanism
(
http://www.crossref.org/fundref/
) if supported by the Publisher.
f)
Manuscript submission: The final pre-publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at http://library.noaa.gov/repository
after acceptance, and no later than upon publication, of the paper by a journal. NOAA will produce a
publicly-visible
catalog entry directing users to
the published version of the article. After an embargo period of one year after publication, NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record.
g)
Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOIs). All data and derived products that are used to support the conclusions of a peer-reviewed publication must be made available in a form that permits verification and reproducibility of the results.
Scientific Integrity.
a)
Maintaining Integrity.
The NFWF Subrecipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct. All the requirements of this provision flow down to subrecipients.
b)
Peer Review.
The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines. c)
In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at https://nrc.noaa.gov/ScientificIntegrityCommons.aspx
.
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d)
Primary Responsibility.
The NFWF Subrecipient shall have the primary responsibility to prevent, detect, and investigate allegations of
a violation
of scientific integrity or scientific
and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. e)
By executing this grant, financial assistance award, or cooperative agreement the NFWF Subrecipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct.
f)
The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement.
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SECTION 6
OTHER REPRESENTATIONS, CERTIFICATIONS,
STATEMENTS AND
CLAUSES
NFWF Subrecipient acknowledges that all or part of this Agreement may be funded by a non- federal source that requires certain representations, certifications, and other statements relating to the use of such funds or performance of the Project. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Agreement, the execution and submission of this Agreement serves as affirmative acknowledgement of an agreement with the below representations, certifications, and other statements. Further, should circumstances of the NFWF Subrecipient change during the performance of this Agreement that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the NFWF Subrecipient shall promptly notify NFWF of such change in circumstance. Finally, NFWF reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Agreement.
None