DFW-2019-003 Request for Proposals_MassWildlife Habitat Management Grant Program.pdf

Request For Proposals (RFP)

MASSWILDLIFE HABITAT MANAGEMENT GRANT PROGRAM (MHMGP)

SEEKS QUALIFIED APPLICANTS

TO RECEIVE FUNDING TO RESTORE/CREATE WILDLIFE HABITAT

ON PRIVATE AND MUNICIPAL PROTECTED LANDS.

COMMONWEALTH OF MASSACHUSETTS

DIVISION OF FISHERIES AND WILDLIFE

MASSWILDLIFE HABITAT MANAGEMENT GRANT PROGRAM

1 RABBIT HILL RD

WESTBOROUGH, MA 01581

RFP ID # DFW-2019-003

Purchasing Department: Division of Fisheries and Wildlife

Contact Person: Jim Burnham; James.Burnham@state.ma.us; MassWildlife Field

Headquarters; One Rabbit Hill Road; Westborough, MA 01581.

Website:

mass.gov/dfw/habitat-grant

Telephone: 508-389-6343

Purpose of Procurement: The Commonwealth of Massachusetts, Division of Fisheries and Wildlife (MassWildlife) is seeking qualified applicants to participate in a competitive grant program to promote active habitat management on conserved lands in the

Commonwealth of Massachusetts during Fiscal Year 2019. Through this reimbursement grant program, MassWildlife seeks to establish partnerships with private or municipal landowners of conserved lands to reimburse landowners for work conducted to enhance wildlife habitat and promote public access for wildlife associated recreational opportunities.

The MassWildlife Habitat Management Grant Program (MHMGP) Seeks To:

1. Improve habitat(s) for species that can be legally hunted, fished, and trapped in

MA.

2. Manage habitat(s) for Species of Greatest Conservation Need as identified in the

2015 Massachusetts State Wildlife Action Plan (SWAP) – special emphasis on

State-Endangered, State-Threatened, and State-Special Concern Species.

3. Expand public recreational opportunities for hunting, fishing, and trapping on conserved lands.

Eligible Entities: Owners of private or municipal conserved lands in the Commonwealth of Massachusetts. Conserved land is defined as property protected by a Conservation

Restriction or Easement, an Agricultural Protection Restriction, land enrolled in Chapter mailto:James.Burnham@state.ma.us http://www.mass.gov/eea/agencies/dfg/dfw/wildlife-habitat-conservation/habitat-grant.html

61,61A/B, land subject to a current Landowner Incentive Program covenant, land owned in fee by a non-profit organization whose primary mission is the conservation of land, municipal land under the care and control of the town conservation commission and town forests; or an entity under equivalent protection as determined by MassWildlife staff.

Type Of Procurement: Competitive Grant (Reimbursement for services)

Single or Multiple Contracts: Multiple

Applicants are eligible to receive between $10,000 (minimum grant proposal size) and

$50,000 (maximum grant proposal size) per grant towards their approved habitat management project.

Grantee Match Commitment: None

Proposal Deadline: Proposals must be postmarked by October 17, 2018

Grantee’s Commitment: Upon award, the landowner will enter into a legally binding agreement with MassWildlife. The contract shall incorporate, by reference, a

Commonwealth Terms and Conditions, this RFP, the Scope of Service, and the Approved

Proposal.

Expected Duration of Grant Agreement: Estimated eight (8) months. Duration of the grant will be from the date of issuance of the Notice to Proceed through June 30, 2019.

The Notice to Proceed and Scope of Service will define the approved budget and services to be rendered (and reimbursed) for the period specified in the contract. There will be

NO EXTENSIONS approved for these grants, no exceptions.

Anticipated Expenditures for Expected Duration: Subject to quotes detailed in

Applicant’s budget; minimum of $10,000 and maximum of $50,000 per Grant.

Option To Renew: No

Allowable Activities/Costs:

Direct costs for on the ground habitat improvements specifically designed to benefit wildlife will be eligible for reimbursement. All project costs must be approved in the agreed upon contract budget to be eligible for reimbursement.

o Examples (not limited to) of eligible enhancements and/or practices: Mowing, brush hogging, heavy chipping, clearing of trees, contract grazing, control of invasive plants in the project area (mechanical and chemical), fencing for habitat protection, prescibed burning, woodland improvements (thinning, cutting or girdling of trees), tree planting of species beneficial to wildlife, nest site creation or installation of nesting structures, seeding/planting of native species, natural community enhancement, core habitat or critical natural landscape enhancements o Staff time for on-the-ground project implementation (base salary only, no fringe or indirect expenses). Documentation of the base salary rate will be required.

o Contract costs for management services.

o Materials and Supplies necessary to achieve project goals.

o Signs for the purpose of communicating the benefit of the MHMGP funded habitat improvement project may be an eligible expense. (ex. a sign posted during active management to inform the public of the benefits of the activity).

o Signs that indicate that the property is open to hunting, fishing, and trapping.

o Equipment Rentals: Equipment rentals may be considered eligible if the rental activity ties directly to the implementation of MHMGP funded project. For example, rental of a brush hog to help maintain old field habitat. Rental costs approved by MassWildlife may ONLY be used for the implementation of the

MHMGP project and not for any other activity. Grantees may be reimbursed for the use of their own equipment to perform the agreed upon work. Reimbursement rates will be based on staff time for equipment operation plus the standard rental fee of such equipment (quotes required) OR may be based on approved NRCS rates (links to these rates to be found on the MHMGP website).

o Allowable costs must be:

a) Necessary and reasonable to accomplish the objectives of the grant.

b) All costs must be supported by source documentation or other records as necessary to substantiate the funds. Such documents are subject to review by MassWildlife staff to determine eligibility. The proposed budget, as solely determined by the ranking committee, must be reasonable for the scope and scale of the proposed management activities; MassWildlife reserves the right to reject a proposal, or partially fund a proposal, if the proposed budget or segments of the proposed budget are determined by the ranking committee to not be reasonable for the scope and scale of the proposed management activities, and therefore not the best value overall in order for

MassWildlife to achieve its procurement goals. MassWildlife reserves the right to reject all bids that it determines are not the best value overall for it to achieve its program goals. See also Record Retention.

c) Costs must be consistent with state/federal policies, regulations, and procedures. Costs prohibited under state or local laws or regulations are not eligible.

o No cost that has not been pre-approved in writing by MassWildlife’s Grant

Program Coordinator or Fiscal Program Coordinator will be eligible to reimbursement. Any changes to the approved Scope of Services or Budget must be approved in writing before the proposed management activity or purchase can be made.

Ineligible Activities/Costs:

o Activities such as land acquisition, trails, signage (except as noted above), and public access improvements.

o Boundary marking and surveying.

o Funding may not be utilized towards satisfying any federal, state, or local permitting or legal requirements associated with a regulatory process.

o Travel to conferences or meetings or other travel expenditures of the grantee

(contracted vendor travel expenditures incorporated into the bid or quote are allowable).

o Rental of a vehicle to commute to and from the site will not be approved and is not an allowable cost.

o Per diem/meals/drinks/clothing or other personal items whether for the grantee, contractor, or for volunteer appreciation.

o Permitting costs, planning activities (cutting plans, prescribed burning plans, engineering plans, forest cutting plans, etc.), project administration, indirect, fringe or other overhead costs (ex. office/rental space, Utilities, IT costs, and more).

o Costs incurred prior to the effective date of the grant agreement or after the close of the grant agreement period.

o Removal of buildings/structures/vehicles.

o Research, inventory, survey, soil/water testing, or biological monitoring activities.

o Informational or Educational materials, supplies, or services (except as noted above).

o Information and Technology Materials, Equipment, or Services.

o Supplemental Feeding Activities/Costs (ex. Food Plots, Bird Feeders).

o Any expense not pre-approved in writing by MassWildlife.

Equipment Purchases:

o Equipment purchases must not exceed 10% of the total project budget and any single equipment purchase must be less than $1,000 AND be for the sole purpose of achieving the project objectives.

Prevention of Invasive Species Spread: All equipment and clothing/boots of personnel including the Grantee and/or all Subcontractors must be thoroughly cleaned prior to entering and prior to leaving the MHMGP project area to prevent the spread of invasive plants as described in the Best Management Practices for Controlling the Spread of

Invasive Species. Equipment should be free of all mud, dirt, debris and plant parts on the exterior, undercarriage, and tires/tracks of the equipment. Grantees and all

Subcontractors shall certify that all equipment and personnel clothing/boots have been thoroughly cleaned, as stated above, to minimize the likelihood of introducing invasive species onto the project area, and to minimize the transportation of invasive species from the project area to other areas.

Leveraging Funds: MassWildlife may utilize the MHMGP funds to leverage additional resources (ex. funds may be used to match federal assistance or other grant programs).

MassWildlife encourages grantees to leverage additional resources; however, if a grantee intends to use MHMGP funds to match other grant programs, the grantee must receive written permission from a MassWildlife signature authority before the funds may be used to leverage additional resources; failure to do so may result in forfeiture of awarded funds.

http://www.mass.gov/eea/docs/dfg/dfw/habitat/grants/bmp-invasives.pdf http://www.mass.gov/eea/docs/dfg/dfw/habitat/grants/bmp-invasives.pdf

How to Apply: Application materials will be posted to COMMBUYS** on September

10, 2018. Once posted, proposals may be submitted as described below until the closing date.

Responses to this open solicitation must be postmarked on or before Wednesday October

17, 2018. Send one (1) hard copy of the completed proposal package to:

MassWildlife Habitat Management Grant Program

Attn: James Burnham

MassWildlife Field Headquarters

One Rabbit Hill Road

Westborough, MA 01581.

Applicants must also include a CD or USB flash drive containing a complete electronic copy of the application form in Microsoft Word and the budget page in Microsoft Excel formats. Map files, preferably in the form of ortho and topo maps, as well as ArcView shapefiles, should also be included on the CD, if possible. Responses postmarked after

October 17, 2018 will not be considered. Facsimiles and/or electronic submissions through email will not be accepted.

**Note: If you are not a registered COMMBUYS User but you have obtained this RFP, it is your responsibility to check the COMMBUYS website for updates to this solicitation. Only registered COMMBUYS users that obtained this RFP through their

COMMBUYS account will be notified of updates to this solicitation.

Instructions for Submission of Application Package:

All application packages must include the information listed below in both sections A, B, and C below. BE SURE TO INCLUDE ALL INFORMATION LISTED HERE, AS

DIRECTED, OR YOUR RESPONSE WILL BE REJECTED. Please see the Proposal

Content Table at the bottom of this section.

A. Project application (use of provided application form is required), which shall be limited to 10 pages. This application requires the following information.

1.) Project Title

Descriptive title of your MHMGP project.

2.) Project Description

Brief description of proposed project / management strategy (e.g., selective removal of woody species to maintain or create early successional woodland habitat, and restoration of grassland habitats by removal of invasive shrubs.)

Need for this project (e.g. decline of grassland habitat in the region and its associated bird species)

3.) Applicant’s Name

4.) Applicant’s Address

Street mailing address which should align with the address that will be on the submitted W-9 form and the Commonwealth Terms and Conditions

Form.

5.) Contact Person’s Name

6.) Email address for contact

7.) Phone number for contact

8.) Applicant type (Check one):

Private Individual

Municipality

Non-Governmental Organization

Or if other, explain.

9.) Project Location

Property name/street/town/etc.

10.) Record title owner(s) of the property/properties

11.) Is the applicant the owner, or one of the owners, of the project site parcel(s)?

12.) If 11 is “no”, describe the relationship between the applicant and the parcel owner.

Include a letter from the parcel owner giving permission to the applicant to conduct the proposed management activities in the appendix.

13.) Level of Protection

Agricultural Protection Restriction (APR)

Conservation Restriction

Chapter 61 or 61A/B

Landowner Incentive Program (LIP) Covenant

Town Conservation Land

Organization whose primary mission is conservation

Other (explain)

14.) If the level of protection is an “organization whose primary mission is conservation” in question #13, please include the mission statement or descriptor of the organization’s purpose.

15.) If there is a conservation / agricultural restriction or easement checked in row

13, list the owner of the easement/conservation restriction/agricultural protection easement

Be sure to include a letter of support for the project and the proposed management activities from the owner of the easement or conservation/agricultural restriction in the appendix.

16.) Acreage

Acreage of total size of parcel(s)

Acreage of Treatment Unit(s) o The acreage of the area where the proposed management activities will take place

17.) Description and size of habitat types on Treatment Units.

The drop down box contains versions of terrestrial, palustrine, and estuarine community types from the State Wildlife Action Plan classification of natural communities that can be found here.

Acreages listed for habitat types in this section should sum to equal the

Treatment Unit acreage in Section 16. Each Treatment Unit must be clearly marked on the submitted maps, and the total parcel outline should be marked.

In the first column, select the current habitat type on the Treatment Unit.

In the second column, select the desired habitat type that the Treatment

Unit will become.

If the current habitat type and the desired habitat type are identical, enter the same habitat type in each column.

If there are more than five Treatment Units in the proposed grant project, contact James Burnham (james.burnham@state.ma.us) for instructions.

18.) Specific management objectives, tasks, and budget per treatment unit.

Each objective and task described here must correspond to each treatment unit listed and described in #17.

o Example:

Treatment Unit #1- Native Warm Season Grassland Habitat o Objective 1: Increase the size of the field by 3 acres

Task 1: Remove woody vegetation along field edges back to original field boundaries; winter 2018/2019

Task 2: Seed reclaimed field edges with warm season grass mix; spring 2019

19.) Describe the surrounding landscape to provide additional context for the overall habitat value of the proposed management.

E.g. habitat types of the non-treatment areas of the parcel along with similar or complimentary habitat(s) and other conserved land(s) in the immediate region.

https://www.mass.gov/service-details/state-wildlife-action-plan-swap https://www.mass.gov/files/documents/2016/12/wh/ma-swap-public-draft-26june2015-chapter4.pdf mailto:james.burnham@state.ma.us

20.) List the game species (species that are legally hunted/fished/trapped) that occur in the area and are expected to have a net benefit from the proposed management actions in the project.

21.) List the Species of Greatest Conservation Need that occur in the area and are expected to have a net benefit from the proposed management actions of the project.

22.) Is the entire site, or a portion/portions thereof open to wildlife related recreation opportunities?

Are there any requirements such as fees, written permission, special permits, memberships, or other conditions to gain access??

23.) Is the entire site, or a portion(s) thereof open to fishing?

permits, memberships, or other conditions to gain access?

24.) Is the entire site, or a portion(s) there of open to hunting?

permits, memberships, or other conditions to gain access??

Are there limits to game species that may be taken, seasons, or numbers of hunters allowed access?

25.) Is the entire site, or a portion(s) thereof open to trapping?

permits, memberships, or other conditions to gain access??

Are there limits to game species that may be taken, seasons, or numbers of hunters allowed access?

26.) Describe any collaboration(s) with other conservation or education groups that benefit habitat management on this site or on the nearby landscape.

27.) Climate Change Analysis - How have you incorporated climate adaptation considerations in your proposal and land management objectives?

One resource for this analysis is the Climate Action Tool

B. Completed Grantee Budget Form (See sample on MHMGP website and list of eligible and ineligible activities listed on pages 3-4 of this document).

Project Title: Include the title of your MHMGP project.

Subcontracted Services: Include any work that will be contracted to a third party for completion. Landowners are encouraged to obtain quotes from contractors and include them as part of the proposal.

https://www.mass.gov/service-details/state-wildlife-action-plan-swap https://climateactiontool.org/

NRCS/EQIP Rates: If using NRCS/EQIP practice rates, please be sure to utilize the correct rate for the practice being proposed and to include enough information in of the Treatment Unit area(s) in the application, and before photographs in the appendix, for the MHMGP Ranking Committee to determine if the correct rate is being used.

Prevailing Wage: Management practices that cause ground disturbance and occur on

Municipal owned properties may be subject to applicable prevailing wage rates as defined by MGL chapter 149 sections 27-27D. Towns should check with their procurement officials to determine if prevailing wage rates are required for their project.

Prevailing wage rates may be obtained by contacting the Department of Labor Standards, Prevailing Wage Program to help with budget preparation.

C. Project Map and Photographs: You must provide a map(s) delineating the following:

(1) the parcel boundary, (2) the MHMGP treatment unit areas, and (3) a locus map enabling the MHMGP Ranking Committee to locate your property within the state. The parcel map(s) should clearly illustrate the project area where the proposed management will occur and specific locations of all proposed treatment types. Aerial/Ortho and topographic maps are preferred. Submission of ArcView shapefiles is strongly encouraged. Maps should be at an appropriate scale for the proposed management activities.

Online mapping and data tools including aerial images and topographic maps are located on MassGIS

(http://maps.massgis.state.ma.us/map_ol/oliver.php). Aerial maps can also be found online using Google Earth. To download Google Earth free of charge, go to http://earth.google.com. Electronic submission of ArcView files encouraged, if possible.

Pre-treatment photographs of the project area must be provided in your proposal package to illustrate the current habitat of the proposed management area. After project completion, these pre-treatment photographs will be utilized to verify completion of the management prior to the issuance of reimbursement. Pre- and post-treatment photographs shall be taken from the same location facing the same direction. A separate photograph must be submitted for each project area as outlined in your treatment map.

Required Procurement Forms:

In addition to the MHMGP forms listed above, the following forms must be submitted by the grantee with the proposal or upon contract execution if the proposal is awarded. These forms are not required to evaluate grant proposals;

however, all forms are mandatory upon contract execution. Failure to provide the following forms may nullify your application and the committee will move to the http://www.mass.gov/lwd/labor-standards/prevailing-wage-program http://www.mass.gov/lwd/labor-standards/prevailing-wage-program http://maps.massgis.state.ma.us/map_ol/oliver.php http://earth.google.com/ next highest ranked proposal. All forms are available as attachments on the

COMMBUYS website. Wet Signatures are required with all procurement forms.

1. Commonwealth Standard Contract Form completed and signed by the respondent

(Failure to return a Standard Contract Form may disqualify the applicant’s response). Any person or organization that is applying for more than one project should fill out this form for each project.

2. Commonwealth Terms and Conditions form completed and signed by the respondent.

3. Completed Contractor Authorized Signature Verification Form

4. Commonwealth W-9 tax information form filled out and signed by the respondent.

5. Electronic Funds Transfer Form

Proposal Content Table:

Included in maximum of 10 page requirement:

Not included in page requirement

(to appear in appendix / not embedded in the up to 10 page proposal application):

Project Grant Application Maps

Photographs

Drawings (if needed)

Grantee Budget Form

Quotes from contractors (if applicable)

Literature cited (if needed)

Letters of support from conservation/agricultural restriction or easement (if applicable)

Sample hunting, fishing, trapping permission application form (if applicable)

Required Procurement Forms (W-9, Electronic Fund Transfer, etc.) (These can be submitted after the award has been made, but submitting them with the application may result in an expedited approval process once the award is made.)

Response Evaluation and Award:

http://www.commbuys.com/

1. The response is reviewed and ranked by the State MHMGP Ranking

Committee. Project ranking is based on established criteria developed to accomplish the goals of the MHMGP (to view ranking criteria go to the

MHMGP website).

2. MassWildlife reserves the right to contact the applicant during the review and ranking process to correct minor informalities and/or for clarification of information stated in a response. No substantive changes will be allowed except when responses need to be adjusted to a) accommodate compliance with federal and/or state regulations or b) to bring the proposal in line with recommendations of MassWildlife biologists. Please note that adjustments to your response for the above stated reasons will not result in any increase to the budget submitted.

3. If selected, MassWildlife will contact the applicant to coordinate the next step in the award process. MassWildlife reserves the right to conduct a site visit to review project details and will coordinate with landowners and project managers to schedule a meeting with them. A landowner’s representative

(forester, contractor, etc.) may also be present to provide input.

4. No potential grantee shall make any press conference, news releases or announcements concerning its selection or non-selection for a Contract prior to the grantor department’s public release of said information or prior to the written approval of the grantor department.

5. Program funding is not guaranteed and awards may be rescinded at any time prior to the issuance of a Notice to Proceed. A Notice to Proceed will not be issued until MassWildlife and the Landowner agree on all elements of the

MHMGP project to be funded through an executed standard contract. ALL

WORK MUST BE COMPLETED BY JUNE 30, 2019, no extensions.

6. MassWildlife reserves the right to access the property at any time to inspect project progress and make management recommendations.

7. MassWildlife reserves the right to request references, verify references or consider any written references submitted to them at any time during the grant award process and at any time during the period of the grant.

8. The Grantee shall be considered in default of the contract if the project is not conducted in accordance with the approved project and Scope of Service.

Such default will be considered as cause for MassWildlife to withhold payment.

9. Amendments to Executed Contract: This is a competitive grant program.

Therefore, each grant proposal is judged to be complete with all costs needed to accomplish the objectives of the proposal. MassWildlife will have discretion to determine if proposed changes can be accepted as long as the original objectives will still be met and the resulting benefits will be equivalent to those previously described. Otherwise, no changes to costs, objectives, benefits, or approach will be allowed. All amendments must be requested in writing with an explanation as to why the amendment is being sought.

10. The Grantee is responsible for submitting a final project report within 30 days of the end date of the grant. The final reimbursement payment (no less than

25% of the awarded total) will be withheld until the receipt of and approval of the project report. This project report must contain:

A comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of services;

A description of reasons why established goals were not met, if appropriate;

Any other pertinent information relevant to the project results.

Pre and post treatment photographs of the project area

11. If the grantee(s) cannot complete the grant as approved, the grant will be terminated; all remaining unexpended funds will revert to the State; the grantee must submit a final report within 30 days of the termination date.

12. The Grantee must submit the final reimbursement request and required supporting documents, including the final report, by July 31, 2019. Failure to submit the reimbursement request and required supporting information by this date may result in forfeiture of remaining grant funds.

FAILURE TO FULLY COMPLETE A PROJECT WITHIN THE AGREED

UPON TIME FRAME WILL NEGATIVELY IMPACT FUTURE

APPLICATIONS.

Revisions to submitted grant proposals: MassWildlife may at any time prior to the execution of a contract and without penalty, amend a grant proposal or change the grant requirements, scope of performance or budget, upon notice to potential grantees in the same manner as the original grant proposal was distributed.

Grant proposal cancellations: MassWildlife may for any reason and at any time prior to the execution of a contract and without penalty, cancel a grant application and reject grant applications upon notice to potential grantees in the same manner as the original grant application was distributed.

Disqualification of grant proposal: MassWildlife may disqualify or reject a grant application for any reason, without penalty, including but not limited to:

a. Grant proposals that are received after the deadline for submission specified in this RFP;

b. Failure of a grant proposal to meet, address or comply with material requirements in the grant application, including instructions for submission, content or format;

c. Grant proposals which indicate collusion or unfair trade practices by one or more potential grantees agreeing to act in a manner intended to avoid or frustrate any of the provisions of 815 CMR 2.00 or any other general or special law or regulation;

d. Grant proposals submitted by a potential grantee or which identifies a subcontractor, who is currently subject to any state or federal debarment order or determination. (However, if the identified sub-contractor is replaceable without a material effect on the bidder’s response, the bidder may be given the opportunity to select another subcontractor prior to the execution of a contract.).

e. A potential grantee:

i. Is intentionally or unreasonably delaying the timely execution of a

Commonwealth Terms and Conditions or the Standard Contract

Form or is unable to execute timely even for reasonable delays;

ii. Conditions execution of a Commonwealth Terms and Conditions or the Standard Contract Form upon the department’s acceptance of additional material or amended contract terms and conditions or specifies that the grant application is “non-negotiable”, “all-or-nothing” or that there can be “no substitutions”,

iii. Negotiates in bad faith;

iv. Refuses to execute a Commonwealth Terms and Conditions or the

Standard Contract Form;

v. Demands that the department execute the potential grantee’s contract form instead of a Commonwealth Terms and Conditions or the Standard Contract Form, or

vi. Is unable to reach final agreement on contractual terms with

MassWildlife within a reasonable time as determined by the

MassWildlife.

Applicable statutes and regulations: The grantee is responsible for compliance with all applicable state and local regulations, including but not limited to: Massachusetts

Historic Preservation laws (M.G.L. c. 9, §§ 26-27C), the Massachusetts Environmental

Policy Act (M.G.L. c. 30, §§ 61-62), Massachusetts laws relative to Unlawful

Discrimination (Constitution, Article CXIV, M.G.L. c. 151B), Massachusetts Wetlands

Protection Act (M.G.L. c. 131, § 40 / 321 CMR 10.0), Massachusetts Forest Cutting

Practices Act (M.G.L. 132) and the Massachusetts Endangered Species Act (M.G.L. c.

131A). It is specifically stated that no person shall be turned away from or otherwise denied access to or benefit from any program or activity associated with the Project on the basis of race, color, creed, national origin, sexual orientation, age, sex, or handicap.

Disclaimer/Liability Clause: The Grantee will release and agree to hold blameless the

Commonwealth of Massachusetts, Division of Fisheries and Wildlife, its employees and agents acting within the scope of their official duties from any and all liability or loss resulting from acts or omissions except willful torts.

Schedule of Payment: Total payment for each project shall be agreed upon before any work is initiated on the project. The agreed sum shall be stated in the Notice to Proceed.

Participants will receive a 1099-MISC form for all MHMGP funds received.

Reimbursements: The MassWildlife Habitat Management Grant Program is a cost reimbursement grant. MassWildlife agrees to reimburse successfully awarded grantees for agreed upon work performed and/or costs incurred by the grantee in accordance with the scope and budget of the executed agreement.

Submit reimbursement requests to:

MassWildlife Habitat Management Grant Program

Attn: James Burnham

MassWildlife Field Headquarters

One Rabbit Hill Road

Westborough, MA 01581

Reimbursements may be requested as a lump sum upon completion of the project or periodically, not to exceed one reimbursement request per month. Standard payment terms apply and will be through Electronic Funds Transfer (EFT) within 45 days of receipt and approval of invoice or payment request. EFT is required for all grantees unless a grantee can demonstrate a hardship. All payments will be processed in accordance with state finance law.

All requests for reimbursement must be accompanied by the following supporting documentation:

MHMGP reimbursement expense summary

Landowner/Staff tracking sheets

Receipts for project purchases

Paid invoices from contractors (proof of payment required)

Prevailing wage weekly certified payroll report form and statement of compliance (if applicable)

Final reimbursement will not be issued until the receipt and approval of the final project report which needs to include pre and post treatment photographs.

MassWildlife is under no legal obligation to compensate a grantee or to obtain additional funding for any costs or other commitments that are incurred by a grantee outside of the scope of a properly executed grant. Therefore, grantees assume the risk if performance begins or obligations are incurred based upon oral or written representations, assurances of funding or legislative appropriations, without an executed contract.

Any of the following deviations to the project, as approved, must be requested and approved in writing prior to the work commencing:

Revisions to the Scope of Services (regardless of whether there are associated budget revisions).

Changes in sub-contracting, sub-granting, or otherwise obtaining the services of a third party to perform activities which are central to the purpose of this award.

Changes to the project Budget (the total award will not be increased)

MassWildlife will respond in writing to all written requests received from grantees for deviations to Scope of Services or Budget. No deviation to the project as approved may occur without receipt of written approval from MassWildlife.

If MassWildlife notifies the Grantee of insufficiencies in the work or noncompliance with the contract terms within thirty (30) days of the request for reimbursement, the reimbursement amount will not be remitted until the contract terms have been met.

MassWildlife maintains sole discretion to determine if projects not completed in the specified timeframe will be reimbursed. If partial reimbursement is awarded, it will be based on the grantee’s actual rate of disbursement.

Records Retention: The grantee shall maintain records, books, files and other data as specified in a Contract and in such detail as shall properly substantiate claims for payment under a Contract, for a minimum retention period of seven (7) years beginning on the first day after the final payment under a Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving a Contract. MassWildlife shall have access, as well as any parties identified under Executive Order 195, during the Grantee‘s regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense.