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HomeMy WebLinkAboutMattituck Inlet Stormwater Mitigation Project No NY 2008-0065-020-PRELIMINARYRESOLUTION 2009-234 ADOPTED DOC ID: 4849 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-234 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the National Fish and Wildlife Foundation in connection with the Mattituck Inlet Stormwater Mitigation Project No. NY 2008-0065-020, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENT PROJECT: Mattituck Inlet Stormwater Mitigation (NY) (2008-0065-020) Please reference project title and number on all correspondence NFWF RECIPIENT: Town ofSouthold, New York RECIPIENT TYPE: Local Government PERIOD OF PERFORMANCE: August 1, 2008 to June 30, 2009 AWARD: $40,000 in federal funds is provided in consideration for the National Fish and Wildlife Foundation (NFWF) Recipient's agreement to perform the Project in accordance with Section 1 below, and the NFWF Recipient's agreement that it will raise and spend at least $48,100 in Matching Contributions on the Project. FUNDING SOURCE AND NUMBER: Environmental Protection Agency (FR.2222) U.S. Fish and Wildlife Service (FA~2192) $17,000 $23,000 CFDA Number: Environmental Protection Agency U.S. Fish and Wildlife Service 66.437 15.608 Defined Terms. All capitalized terms used in this Agreement shall have the meanings attributed to such terms in the 2006 Glossary found on NFWF's website <www.nfwf. org/giossary.htm>, which is incorporated in this Agreement by this reference. Section 1. PROJECT PURPOSE NFWF agrees to provide the Award to the NFWF Recipient for the purposes of satisfactorily performing the Project described in a Full Proposal received by NFWF on March 7, 2008, and incorporated into this Agreement by reference. 1.1. PROJECT DESCRIPTION. Town of Southold will replace the current surface of a public boat ramp with permeable pavement, construct a small treatment wetland and develop public education materials about the project keyed to reducing nonpoint source pollution into Mattituck Inlet. Page 1 of 12 Mattituck Inlet Stormwater Mitigation (NY) #2008-0065-020 l'emplate: 02.17.06 a~:!:. * Construction of drainage field and installation of BUdget NFWF permeable pavers. ChtegOry Fun~s · Removal of Phragmites australis within high marsh. S~l~ies: $0 · Construction and grade storm-water retention swale. Equipnlefit: $0 · Planting of the storm-water retention swale with Other: $35,200 native vegetation, i Matching Contributions allocated to Phase I: I $43,290 TOTAL I $35,200 Project Phase 2: Installation of public awareness (education) signage and Bu0get NFWF :: benches, cat~gory FUnds Sal~ie~: $0 , *' ~ Equipment: $0 · Oth~n $4,800 '~ ~ :?~ ::~dhinl~ ContribUtions allocated tO Phase 2~ I $4,810 , , I $4,800 N~WF $40,000 PaO CT TOTAL 1.2. PROJECT DELIVERABLES. · Design a stormwater reduction and education project using a vegetated swale and permeable pavers to reduce direct storm-water pollutants from entering the water body, such as nitrogen, phosphorus, hydrocarbons and fecal coliform. · Aerate an existed impacted gravel substrate parking area, plant a 20' by 50' vegetative swale with warm weather grasses, install interpretive signage, pavers, dark skies lighting fixtures, and Aldo Leopold benches. · Protect significant shellfish and bird habitat currently polluted by stormwater runoff and buffer an area of wetland open space owned by Southold Town. · Demonstrate water quality improvement over the long term. Significant improvement would allow the southern end of Mattituck creek/inlet to be open in the winter months as the rest of the inlet is now. · Design effective signage that will communicate all the activities present in the project to a wide range of ages and levels of knowledge. · Create community partnerships for educational outreach between Southold town government, local residents, and other environmental stakeholders such as the Group for the East End, and the North Fork Audubon. · Engage support from technical advisors who have visited the site such as Allan Connell, NRCS, Heather Young, DEC restoration, Robert Wilkinson, storm-water engineer, and John Bredemeyer, Suffolk County Department of Health, Office of Ecology Public Health Sanitarian. 1.3. DILIGENCE AND COMMUNICATION REQUIRED. The NFWF Recipient agrees to pursue completion of the Project diligently and to communicate with the Project Administrator on a regular basis with respect to the status of the Project, including but not limited to providing the reports discussed in Section 5 below. Failure to so pursue completion of the Project according to the timetable associated with the Phases described above and, in any event, within the Period of Performance and/or failure to so communicate with the Project Administrator will be deemed a material default in this Page 2 of 12 Matfituck Inlet Slol'mwatcl Mitigation (NY) ~:2008-0065-020 1 tinplate: 02.17.06 Agreement, entitling NFWF, in its discretion, to terminate this Agreement in accordance with Section A4 "DEFAULT; TERMINATION" of the Standard Provisions set forth below by written notice to the NFWF Recipient and to pursue all other legal remedies to which NFWF may be entitled. Section 2. RESTRICTION ON FUNDS No Funds provided by NFWF pursuant to this Agreement or Matching Contributions may be used to support litigation expenses, lobbying activities, terrorist activities or activities in violation of the Foreign Corrupt Practices Act. Section 3. TERM; PERIOD OF PERFORMANCE The Term of this Agreement shall be the Period of Performance set forth above, unless sooner terminated in accordance with Section A4 "DEFAULT;TERMINATION" of the Standard Provisions set forth below. Section 4. PAYMENT OF FUNDS and ADMINISTRATION PROCEDURES 4.1 NFWF FUNDS. Payments of the NFWF Funds for this Award will be made in 2 installments. Project Phase One installment will be disbursed to the NFWF Recipient when NFWF has received a fully executed agreement and a Request for Payment (via mail, fax, or e-mail) from the NFWF Recipient certifying that i.t is ready to begin project activities for the first Phase described in Section 1.1 immediately upon receipt of the funds. · Subsequent Phase installments will be disbursed to the NFWF Recipient when NFWF receives and approves a completed Project Phase Reporting Form certifying that (i) the NFWF Recipient has completed the previous Project Phase as described in Section 1.1 and (ii) the NFWF Recipient has expended NFWF Funds and Matching Contributions consistent with the Project Phase Budget as described in Section 1.1; and the NFWF Recipient provides NFWF a Request for Payment (via mail, fax, or e-mail) certifying that it is ready to begin Project activities for the next Phase immediately upon receipt of the funds. · Payment for the Final Phase of the Project will be made in arrears, upon the receipt and approval by NFWF of all required reporting for this Agreement. · Under no circumstances will any payment under this Agreement be made if any Financial or Programmatic Reports are due and outstanding. 4.2 BUDGET CHANGES. In the event the NFWF Recipient determines that the amount of the Budget is going to change in any one Budget Category by an amount that exceeds more than 10% of the NFWF Project Total (see Section 1.1), the NFWF Recipient must seek approval from the Project Administrator. If approval is received, both parties must sign a written amendment to this Agreement reflecting the new Budget. Section 5. REPORTING REQUIREMENTS 5.1 PHASE FINANCIAL AND PROGRAMMATIC REPORT. Upon completion of each Phase, the NFWF Recipient will submit, via mail, fax, or e-mail, a Project Phase Report on Project accomplishments and financial expenditures incurred during the Phase. Page 3 of 12 Matfiluck Inlet Slormwater Mitigation (NY) #2008-0065-020 l'emplate: 02.17.06 5.2. ANNUAL FiNANCIAL AND PROGRAMMATIC REPORT. The NFWF Recipient will submit an Annual Financial and Programmatic Report, via mail, fax, or e-mail, no later than October 31 st of each year during the Period of Performance, summarizing all of the activities accomplished and expenditures made between and including the immediately preceding October 1 st and September 30th of the current year. 5.3. FINAL REPORT. No later than 90 days after the completion of the Project, the NFWF Recipient shall submit two copies (one hard copy and one electronic file) of a Final Financial and Programmatic Report to NFWF, that includes: 1) a Final Phase Report, 2) a Final Financial Reporting Form accounting for all receipts of Project funds, Project expenditures, and Budget variances (if any) compared to the approved Budget; 3) the Certification of Matching Contributions Form, certifying Match secured and expended by the NFWF Recipient for the Project; 4) a statement of the efforts to comply with Minority Business Enterprise / Women's Business Enterprise (MBE/WBE) requirements; and 5) the Final Programmatic Report summarizing the accomplishments achieved during the term of the Agreement. A representative number of digital photos (preferred) or color 35mm slides depicting the Project and copies of all publications, press releases and other appropriate "products" resulting from the Project should also be provided to NFWF as part of the Final Report. Any requests for extensions of this Final Report submission date must be made in writing to NFWF Project Administrator and approved by NFWF in advance. Section 6. STANDARD PROVISIONS This Agreement is also subject to the terms and conditions set forth in Appendix A "2006 STANDARD PROVISIONS FOR AWARDS," each of which is incorporated in this Agreement by this reference. Page 4 of 12 Mattituck Inlet Stormwater Mitigation (NY) .~2008-0065-020 l'cmplat¢: 02.17.06 Section 7. CONTACT INFORMATION For NFWF Recipient: Mark Terry Town of Southold, New York 54375 Main Road PO Box 1179 Southold, NY 11971 Phone: 631-765-1938 Fax: 631-765-3136 E-mail: mark.tercy~town.southold.ny.us Unless from the e-mail address set forth above, electronic mails will be deemed unauthorized. If multiple users are authorized to send electronic mails on behalf of the NFWF Recipient, please list all authorized sources. For NFWF: Phone: Fax: E-mail: Parthena Kydes National Fish and Wildlife Foundation 1133 Fifteenth Street, NW Suite 1100 Washington, DC 20005 202-857-0166 202-857-0162 Parthena. Kydes~nfwf. org Page 5 of 12 Mattituck Inlet Stormwater Mitigation (NY) #2008~0065~020 l'emplate: 02.17.06 [Signature page to Grant Agreement for NFVYF Project No. 2008-0065-020] 1N WITNESS WHEREOF, the parties have executed this Agreement, intending to be bound legally. NATIONAL FISH AND WILDLIFE FOUNDATION By: Michael Slattery Director, Eastern Partnership Office Date: TOWN OF SOUTHOLD, NEW YORK By: ~ Signature (Print name and title legibly) Date: Page 6 of 12 Matlituck Inlet Stormwater Mitigation (NY) #2008-0065-020 Tcmplate: 02.17.06 Appendix A. 2006 STANDARD PROVISIONS FOR AWARDS This Award is subject to the following terms and conditions, as indicated by ['-~]. Section Al. ASSIGNMENT; SUBAWARDS AND SUBCONTRACTS ['-~'IA1.1 The NFWF Recipient may not assign this Agreement, in whole or in part, to any other individual or other legal entity without the prior written approval of NFWF. [~]A1.2 The NFWF Recipient may not provide subawards nor enter into subcontracts without the prior written approval ofNFWF. Subawards and subcontracts with known parties disclosed in the Proposal Budget are deemed to be approved. [] Section A2. UNEXPENDED FUNDS Any funds provided by NFWF and held by the NFWF Recipient 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. [] Section A3. AMENDMENTS This Agreement can only be amended by a written amendment, signed by both parties. Counterpart originals, emalls with PDF formatted documents, and/or facsimile copies of amendments are acceptable. Section A4. DEFAULT; TERMINATION []A4.1 Failure by the NFWF Recipient to comply with any material term of this Agreement shall be deemed to be a default in this Agreement and constitute cause for NFWF to terminate this Agreement by written notice to the NFWF Recipient and to pursue any legal remedy to which NFWF may be entitled. [-~A4.2 The NFWF Recipient may terminate this Agreement by written notice to NFWF. In the event of termination of this Agreement prior to Project completion, the NFWF Recipient shall immediately (unless otherwise directed by NFWF in its notice ifNFWF initiated the termination) undertake all reasonable steps to wind down the Project cooperatively with NFWF, including but not limited to the following: a. 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). b. Place no further work orders or enter into any further subawards or subcontracts for materials, services or facilities, except as necessary to complete work as specified in NFWF's notice. Page 7 of 12 Mattilttcl,: Inlet Stormwater Mitigatitm (NY) #2008-0065 020 l'cmplatc: 02. } 7.06 c. Terminate all pending Project work orders, subawards, and subcontracts for work that has not yet commenced. d. 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 subcontracts. e. 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 Recipient under this Agreement, whether completed or in progress. f. Return to NFWF any unobligated portion of the Award. [] Section A5. ADDITIONAL SUPPORT In making this Award, NFWF assumes no obligation to provide further funding or support to the NFWF Recipient beyond the terms stated in this Agreement. Section A6. ARBITRATION; CHOICE OF LAW; JURISDICTION []A6.1 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 Recipient. Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final. []A6.2 This Agreement shall be subject to and interpreted by the laws of the District of Columbia, without regard to choice of law principles. By entering into this Agreement, the NFWF Recipient agrees to submit to the jurisdiction of the courts of the District of Columbia. []A6.3 The terms of this Section will survive termination of this Agreement. Section A7. COMPLIANCE WITH LAWS; INSURANCE; INDEMNIFICATION [-~A7.1 In conducting its activities relating to the Project, the NFWF Recipient agrees to conduct all such activities in compliance with all applicable Federal, State, and local laws, regulations, and ordinances and to secure all appropriate necessary public or private permits and consents. ['-~A7.2 The NFWF Recipient agrees to obtain and maintain all appropriate insurance against liability for injury to persons or property from any and all activities undertaken by the NFWF Recipient and associated with this Award in any way. Page 8 of 12 Mattituck Inlet Stormwater Mitigation (NY) ,t2008-0065-020 I'emplate: 02.17,06 ['~ A7.3 The NFWF Recipient shall indemnify and hold harmless NFWF, any Funding Source, 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 arising from or in connection with the Project. [-~A7.4 The terms of this Section will survive termination of this Agreement. [] Section A8. COMMUNICATIONS All notices required or allowed to be given by this Agreement shall be by first-class mail (postage prepaid), facsimile (with telephone call required to confirm that fax has been received), by e-mail, or overnight mail delivery by a nationally known courier and addressed using the contact information provided in this Agreement. Each party agrees to notify the other within ten (10) days after the change in named representative, address, telephone, or other contact information. Section A9. PUBLICITY; POSTING OF FINAL REPORTS. I-~lA9.1 The NFWF Recipient agrees to give appropriate credit to NFWF and any Funding Sources for their financial support in any and all press releases, publications, annual reports, video credits, dedications, and other public communications regarding this Agreement or any of the Project Deliverables associated with this Agreement. The NFWF Recipient must obtain prior NFWF approval for the use of the NFWF logo and any public information releases concerning this Award. []A9.2 The NFWF Recipient gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and the Project in press releases, publications and other public communications. The NFWF Recipient hereby acknowledges its consent for NFWF and any Funding Source for the Project to post its Final Reports on their respective websites. In the event that the NFWF Recipient 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 Recipient shall so notify NFWF and the Funding Source 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. [] Section Al0. DISCLAIMERS Payments made to the NFWF Recipient under this Agreement do not by direct reference or implication convey NFWF's endorsement nor the endorsement by any other entity that provides funds tothe NFWF Recipient through this Agreement, including the U.S. Government, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the National Fish and Wildlife Foundation. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government or the National Fish and Wildlife Foundation." Page 9 of 12 Mattituck Inlet Stormwater Mitigation (NY) #2008-00654)20 l'empla~e: 02. ] 7,06 [] Section A11. WEBSITE LINKS The NFWF Recipient agrees to permit NFWF to post a link on any or all ofNFWF's websites to any websites created by the NFWF Recipient in connection with the Project. ~-~ Section A 12. EVALUATION The NFWF Recipient agrees to cooperate with NFWF by providing timely responses to all reasonable requests for information to assist in evaluating the accomplishments of the Project for a period of five (5) years after the date on which the Final Financial and Programmatic Reports are provided. Section A 13. FEDERAL FUNDS - FEDERAL REGULATIONS [] Al3.1 If all or a part of the Award consists of Federal funds, the text box at the beginning of this Section should contain an X and, before proceeding with its Project, the NFWF Recipient must read and understand certain Federal regulations, including but not limited to, those identified below which may be located on the Internet at <www.whitehouse.gov/omb/circnlars/index.html>. Ifa NFWF Recipient does not have access to the Internet, it should ask its NFWF Project Administrator for copies. Many Federal agencies have agency-specific regulations that govern the issuance of awards and subawards with their funds; it is the obligation of the NFWF Recipient to review and comply With any such regulations issued by its Federal agency Funding Source(s). [] A13.2 IftheNFWFRecipientisanon-profitorganization, it will need to understand and comply with (i) OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" and, (ii) depending on what kind of organization it is, either (a) OMB Circular A-21 "Cost Principles for Educational Institutions" or (b) OMB Circular A~ 122 "Cost Principles for Non-Profit Organizations," in addition to other applicable Federal regulations. [] A13.3 If the NFWF Recipient is a State, Local or Tribal Government, it will need to understand and comply with OMB Circulars A-102 "Grants and Cooperative Agreements with State and Local Govermnents" and A-87 "Cost Principles for State, Local, and Indian Tribal Governments," in addition to other applicable Federal regulations. [] A13.4 If the NFWF Recipient is any type of U.S. organization and it expends an aggregate of $500,000 or more from all Federal sources, it is subject to a special kind of audit as detailed in OMB Circular A-133 "Audits of States, Local Govemments, and Non-Profit Organizations," which it will need to understand and comply with, in addition to other applicable Federal regulations. [] A13.5 DEBARMENT AND SUSPENSIONS The NFWF Recipient shall enter into no contract or subcontract using Federal funds provided by NFWF with any party listed on the General Services Administration's Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689 (Debarment and Suspension). If this Award exceeds One Hundred Thousand Dollars Page 10 of 12 Mattituck Inlet Stormwater Mitigation (NY) t:2008-0065~020 I emplate: 02.17.06 ($100,000) in Federal funds, the NFWF Recipient must provide certification of its exclusion status and that of its employees on a form provided on NFWF's website. [] A13.6 iNTEREST Any interest eamed in any one year on Federal funds advanced to the NFWF Recipient that exceeds $250 must be reported to NFWF, and the disposition of those funds negotiated with NFWF. [] A13.7 DAVIS-BACON The NFWF Recipient shall be subject to the provisions of the Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provision Applicable to Contracts Governing Federally Financed and Assisted Construction"). [] A13.8 RIGHTS TO INVENTIONS The NFWF Recipient shall abide by the provisions of 37 CFR Part 401 (Rights to Inventions Made by Non-Profit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements) and any implementing regulations issued by the Federal agency(les) that provide funds for this Agreement. [] A13.9 The NFWF Recipients agrees, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering 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 influencing or attempting to influence an officer or employee of any agency, 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 undersigned 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 and disclose accordingly. [] Al3.10 If one of the Funding Sources for the Award is the National Oceanic and Atmospheric Administration, the Award also is subject to the Department of Commerce's Financial Assistance Standard Terms and Conditions, which may be located on the Intemet at: http://oamweb.osec.doc, gov/docs/GRANTS/pdf/ST&C-rev- 1002.pdf Page 11 of 12 Mattimck Inlet Stormwatcr Mitigation (NY) ~2008-0065-020 I emplale: 02.17.06 [] Al3.11 If one of the Funding Sources for the Award is the Environmental protection Agency, the Award also is subject to the Agency's Guidance for Utilization of Small, Minority, and Women's Business Enterprise in Procurement Under Assistance Agreements - 6010, which may be located on the Internet at http://www.epa.gov/osdbu/pubs.htm. Page 12 of 12 Mattituck Inlet Stormwater Mitigation (NY) !!2008-(}065-020 I emplale: 02.17.06 RESOLUTION (ID # 4849) SUBMITTED DOC ID: 4849 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 4849) WAS SUBMITTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the National Fish and Wildlife Foundation in connection with the Mattituck Inlet Stormwater Mitigation Proiect No. NY 2008-0065-020, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk National Fish and Wildlife Foundation Requ~ f~r Project Name: Project Number: Phase number: Mattituck Inlet Stormwater Mitigation (NY1 2008-0065-020 Please see attached Project Phase Reporting Form for completed Phase (not required for advance payment of Phase # 1 ). By its signature below, the Town of Southold, New York hereby certifies that (please check as appropriate): Phase number :,~'~?;~(~ immediately upon receipt of the ~ it is ready to begin project activities for ~'""' funds requested above. OR :¥~ it has completed the project activities for above-referenced Phase and requests reimbursement. Please wire payment in the amount of $.: ;~;~*~:~ :~ ~{, to: Bank Name: Bank City and State: ABA Routing Number: Name on Account: Account Number: Tax I.D. Number: International recipients will also need to include the following information for the U.S. bank conducting the transfer for international beneficiary banks: Bank Name: Bank City and State: ABA Routing Number: __ (Please double check your bank information to avoid delays in payment.) TOWN OF SOUTHOLD, NEW YORK Approved: Signature Print name and title legibly **If submitting electronically, please type in name, date and title in the signature lines above and submit from the e-mail address designated in the grant agreement. National Fish and Wildlife Foundation Project Phase Reporting Form *Fill in all shaded areas Project Name and Number: Mattituck Inlet Stormwater Mitigation (NY) (2008-0065-020) Phase Number: # 1 Project Phase Scope of Work: (from Grant Agreement) · Construction of drainage field and installation of permeable pavers. Removal ofPhragmites australis within high marsh. · Construction and grade stonu-water retention swale. · Planting of the Storm-water retention swale with native vegetation. Phase Budget: Cat~gory Approved Budget Actual Expenses NFWF Funds NFWF Funds (from Grant AgreemenO Salaries & Benefits $0 Equipment** $0 Other $35,200 I Total Phase I $35,200 **Equipment only includes tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Matching Contributions Required for the Phase: Matching Contributions Expended for the Phase: $ 43,290 (from Grant Agreemen0 $ Describe All Expenses: fUse additional space if necessary.) Phase Accomplishments: (Briefly describe the accomplishments for this Phase of the Project. Use additional space if necessary.) I hereby certify that the Phase described above has been completed and that the above information is accurate and complete. Town of Southold, New York Approved: Signature Print name and title Note: Forms sent by e-mail must come from an e-mail address authorized in the Grant Agreement or an amendment to the Grant AgreemenL National Fish and Wildlife Foundation Project Phase Reporting Form *Fill in all shaded areas Project Name and Number: Mattituck Inlet Stormwater Mitigation (NY) (2008-0065-020) Phase Number: # 2 Project Phase Scope of Work: (from Grant AgreemenO · Installation of public awareness (education) signage and benches. Phase Budget: Category Approved Budget Actual Expenses NFWF Funds NFWF Funds (from Grant AgreemenO Salaries & Benefits $0 Equipment** $0 Other $4,800 I Total Phase I $4,800 I I **Equipment only includes tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Matching Contributions Required for the Phase: $ 4,810 Matching Contributions Expended for the Phase: $ (from Grant ,4greemenO Describe All Expenses: (Use additional space if necessary.) Phase Accomplishments: (Briefly describe the accomplishments for this Phase of the Project. Use additional space if necessary.) I hereby certify that the Phase described above has been completed and that the above information is accurate and complete. Town of Southold, New York Approved: ~'~:&/4~;~ f , Date: Signature Print name and title E-mail: "~'~Jk,:;,,; Telephone: Note: Forms sent by e-mail must come from an e-mail address' authorked in the Grant Agreement or an amendment to the Grant Agreement. National Fish and Wildlife Foundation Annual Financial and Programmatic Reporting Form *Fill in all shaded areas and return to the Foundation by October 31, 2009. Project Name: Project Number: Organization: Reporting Period: Mattituck Inlet Stormwater Mitigation (NY) 2008-0065-020 ']?own of Southold, New York October 1, 2008 through September 30, 2009 Expenditures of NFWF Funds for the reporting period: Category Actual Exp~l~ses NFWF Funds Salaries & Benefits Equipment Other Total Expenditures of Matching Contributions for the reporting period: $ Describe Ail Expenses: (Use additional space if necessary.) Project Accomplishments: (Briefly describe the accomplishments of the t>roject for the reporting period - use additional space if necessary.) I hereby certify that the accomplishments and expenses described above have been completed and that the above information is accurate and complete. Town of Southold, New York Approved: Date: Signature Print name and title E-mail: Note: Forms sent by e-mail must come from an e-mail address authorized in the Grant Agreement or an amendment to the Grant Agreement. National Fish and Wildlife Foundation Final Financial Reporting Form *Fill in all shaded areas Project Name and Number: Mattituck Inlet Stormwater Mitigation (NY) #2008-0065-020 Period of Performance (fi'om Grant AgreemenO: August L 2008 to June 30~ 2009 Note: All project expenditures, including match, must take place between the project start and end dates designated in the Grant Agreement. Budget for Phase #1: Category Approved Budget Actual Expenses NFWF Funds NFWF Funds (from Grant Agreemen0 Salaries & Benefits $0 Equipment** $0 Other $35,200 Total $35,200 Il Matching Contributions Required for Phase #1: $ 43,290 (from Grant Agreemen0 Matching Contributions Expended for Phase #1: $ Budget for Phase #2: Category Approved Budget Actual Expenses NFWF Funds NFWF Funds (from Grant AgreemenO Salaries & Benefits $0 Equipment** $0 Other $4,800 Total I $4,800 II Matching Contributions Required for Phase #2: $ 4,810 Matching Contributions Expended for Phase #2: $ (from Grant Agreement) Total Project Budget: Category Approved Budget Actual Expenses NFWF Funds NFWF Funds ([?om Grant Agreemen0 Salaries & Benefits $0 Equipment** $0 Other $40,000 Total *40,000 II **Equipment only includes tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Total Matching Contributions Required for Project: $ 48,100 O~rom Grant AgreemenO Total Matching Contributions Expended for Project: $ ** **This total must match the total contributions described on the Certification of Matching Contributions form. Describe All Expenses: (Use additional space if necessary.) I hereby certify that all expenditures described above are complete and that the above information is accurate and complete. Town of Southold, New York Approved: Signature Print name and title National Fish and Wildlife Foundation Matching Contribution Eligibility and Documentation This document is intended to help determine whether contributions received by a NFWF Recipient are eligible as Matching Contributions and how they should be documented. Eligibility Matching Contributions, whether in the form of cash, contributed goods and services, volunteer hours, or property, must be: Non-Federal in nature. Federally appropriated or managed funds are ineligible (e.g., Pittman-Robertson, Dingell-Johnson, Intennodal Surface Transportation Efficiency Act, North American Wetland Conservation Act, Coastal Wetland Protection and Restoration Act) as match for NFWF Federal funds. NFWF Recipients are advised to discuss sources of funding with their Project Administrator to verify eligibility and to ensure that they are not Federal funds administered by a non-Federal third party. Depending upon the program, some NFWF non-Federal awards may be matched with Federal funds. Committed directly to the Project. Matching Contributions in the form of cash, contributed goods and services, volunteer hours, or property must be used within the Period of Performance identified on Page 1 of the Grant Agreement. Services rendered in connection with: (a) the preparation of a Pre-Proposal and the Full Proposal and negotiation of the contract between the NFWF Recipient and NFWF; or (b) fundraising, will not qualify as Matching Contributions. Voluntary in nature. Funds presented for fulfillment of mitigation, restitution, or other permit or court-ordered settlements are not eligible (e.g., Natural Resource Damage Assessment, Supplemental Environmental Projects). Documentation If Matching Contributions meet the above conditions, the NFWF Recipient must document them in one of the following ways: Cash, Goods and Services, and/or Property. The NFWF Recipient must submit the Certification of Matching Contributions form, provided with the grant agreement, using the paragraphs applicable to the type of Matching Contributions received by the NFWF Recipient and expended in connection with the Project. The Certification of Matching Contributions must include the name and address and contribution amount of any donor who contributes $500 or more to the Project. Fair market value of donated goods and services, including volunteer hours, shall be computed as outlined in the OMB Circulars referenced in Section A 13. FEDERAL FUNDS - FEDERAL REGULATIONS of the Grant Agreement. 2. Property. The NFWF Recipient may have a third-party donor submit a letter to the Foundation, documenting the fair market value and date of a Matching Contribution and stating that the donation is non-Federal, voluntary, and intended to qualify as a Matching Contribution. A letter provided to document a donation of real property must be accompanied by an appraisal by a certified appraiser; a letter provided to document rental of equipment or space must list three comparable rentals in the location of the Project. The NFWF Recipient must retain detailed time records lbr contributed services and original receipts and 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 Recipient as required by applicable Federal regulations. National Fish and Wildlife Foundation Certification of Matching Contributions Project Name and Number: Mattituck Inlet Stormwater Mitigation (NY) (2008-0065-020) Period of Performance (from grant agreemenO: August l, 2008 to June 30, 2009 , hereby certify on behalf of the undersigned NFWF Recipient that: 1) the NFWF Recipient has allocated the amount of $ funds to the Project; from its general operating 2) the NFWF Recipient has received a total of $ in cash Matching Contributions, from the donors whose names, addresses and amounts of contributions are listed on the attached Exhibit A, each of whom donated an amount equal to or greater than $500; in addition, the NFWF Recipient has received a total of $ in cash Matching Contributions, from donors who have given an amount less than $500; 3) the NFWF Recipient has received in-kind donations of Contributed Services and volunteer hours at a total of $ (none of which were generated in connection with the preparation of the Pre-Proposal or Full Proposal submitted to the Foundation or fundraising for the Project), from the donors whose names, addresses, number and value of hours are listed on the attached Exhibit B, each of whom contributed an amount of time equal to or greater than $500 in value; in addition, the NFWF Recipient has received in-kind donations of Contributed Services and volunteer hours valued at a total of $ , from donors who contributed an amount of time less than $500 in value. 4) the NFWF Recipient has received in-kind donations of Contributed Goods or Property valued at a total of $ , from the donors whose names, addresses, and value of property donated are listed on the attached Exhibit C, each of whom donated property valued at equal to or greater than $500; in addition, the NFWF Recipient has received in-kind donations of Contributed Goods or Property valued at a total of $ , from donors who have given Property valued at less than $500; and a certified appraisal is attached for each donation of Real Property; 5) all such Matching Contributions, which total $ , are summarized on the Final Financial Report and were spent or expended within the Period of Performance as required by the Grant Agreement and relevant policies set forth by the Foundation on its website; 6) the NFWF Recipient may have to produce detailed proof of such Matching Contributions and that OMB Circular A-110 requires the NFWF Recipient to maintain such records for a period of three years after submission to the Foundation of the Final Programmatic and Financial Report regarding the Project; and 7) the undersigned is authorized to deliver this Certification on behalf of the NFWF Recipient. [Signature page to Cert!fication of Matching Contributions for NFWF Project No. 2008-0065- 020J Town of Southold, New York Approved: Date: Sigmature Print name and title National Fish and Wildlife Foundation Final Programmatic Report Project Name and Number: Mattituck lnlet Stormwater Mitigation (NY), #2008-0065-020 Recipient Organization/Agency: Town of Southold, New York Recipient Organization Web Address: Date Submitted: 1) Summary of Accomplishments In four to five sentences, provide a brief summary of the project's key accomplishments and outcomes that were observed or measured. 2) Project Activities & Results If your grant agreement included an approved logic framework, paste the logic framework table here. Activities · Describe and quantify the primary activities conducted during this grant (refer back to your approved logic framework, if applicable). · Briefly explain discrepancies between the activities conducted during the grant and the activities agreed upon in your grant agreement. Results · Describe and quantify progress towards achieving the project objectives or outcomes described in your grant agreement. (Quantify using indicators from your approved logic framework, if applicable, or by using new indicators not included in the application.) · Briefly explain discrepancies between what actually happened compared to what was predicted to happen. · Provide any further information (such as unexpected outcomes) important for understanding project activities and results. 3) Lessons Learned Describe the key lessons learned from this project, such as the least and most effective conservation practices or notable aspects of the project's methods, monitoring, or results. How could other conservation organizations adapt their projects to build upon some of these key lessons about what worked best and what did not? 4) Dissemination Briefly identify any dissemination of lessons learned or other project results to external audiences, such as the public or other conservation organizations. 5) Project Documents a) Include with your report 2-10 representative photos from the project. Photos need to have a minimum resolution of 300 dpi. b) Include with your report publications, GIS data, brochures, videos, outreach tools, press releases, media coverage, and any project deliverables per the terms of your grant agreement. POSTING OF F1NAL REPORT: This report and attached project documents may be shared by the Foundation and any Funding Source for the Project via their respective websites. In the event that the Recipient intends to claim that its final report or project documents contains material that does not have to be posted on such websites because it is protected from disclosure by statutory or regulatory provisions, the Recipient shall clearly mark all such potentially protected materials as "PROTECTED" and provide an explanation and complele citation lo the statutory or regulatory source for such protection. Approved: Date: Signature Print name and title NATIONAL FiSH and WILDLIFE FOUNDATION t133 ISth Street, NW Suite ]100 Washington, D.C. 20005 P 202-857-0166 F202 857 0]62 nJwf.org 1,'ebrnary 25, 2009 Mark Terry Town of Soutlmld, New York 54375 Main Road gouthold, NY 11971 Re: Matfituck Inlet Stormwater Mitigation (NY) 112008~0065-020 Dear Mr. Terry: The Board of Directors of the National Fish and Wiktlife Foundation (NFWF) approved an award of $40,000 in federal funds to the Town of Southold, New York to support the Maltit~tck Inlet Slormwater Mitigation (NY) project. This award was made on the condition that these funds be matched by $48,100 in additiunal non-federal funds raised by the Town o£ Souflmld, New York specifically Ibr this project. Please be sure to review the enclosed Matching Funds Eligibility and Documentation guidance and note the requirements of the CertificatiDn Matching Funds that you will be required to submit upon completion of the Project, to ensure flint thc contributions you receive are eligible as matching fi~nds. Enclosed please find two copies el'the Grant Agreement, as well as one copy of the additioual enclosures listed below. Since this Award involves federal [hnds, please note specifically Section Al 3 FEDERAL FUNDS - FEDERAl, REGULATIONS of Appendix A, and provide for your Chief Financial Officer, Treasarcr, or legal counsel to review the Agreement and enclosures. I f tim terms and conditions of the Agreement are acceptable, please sign and return both copies el'the Agreement to the Foundation; you should retain the additional enclosures for yoor files. The Foundation will lhen countersign both copies of the Agreement and return one copy to you for your files. Signing this Agreement indicates an understanding of, and intent to comply with, ali of its terms and conditions and those of the additional enclosures. Failure to return two signed copies of the Agreement within 60 days may result in funds being released to other conservation projects. On behalf o f the Board of Directors and tile staff el' the National 1~isb and Wildlife FoundaF on, 1 wish you success with your prqiect. Please contact Partltcna Kydes with any questious or Michael Slatfery ~ Director, Easte ~n Partnersh'p Ofl'ce ~JAt:l -' 5 2009 02A7,06 Enclosures: Grant Agreement (two copies) Matching Funds Eligibility and Documentation Guidance (Vetwion 02.17.06) Certification of Matching l*'unds Form (Ver,*'ion 02.17. 06) Request for Payment Form (l/et'sion 02.17. 06) Pro. ject Phase Reporting Form (l/ersion 02.17. 06) Annual Reporting Form (Version 02,17.06) Final Financial Reporting Form (Vemo, 02, 17.06) Final Programmatic Report (~/elwion 09.04.08) MBI?./WBE Certification Form 02.17;06