Supplemental Agreement

Exhibit 2
633 FW 3
Page 1 of 9
Friends Supplemental Partnership Agreement for Use of Service Property
The Friends Supplemental Partnership Agreement for Use of Service Property provides
additional terms and responsibilities beyond the general terms of the Friend Partnership Agreement,
and is required only for those Friends that use U.S. Fish and Wildlife Service (Service) land, facilities,
or equipment. This agreement should either be completed and added to the Friends Partnership
Agreement at the same time of Service ratification or added to an approved Friends Partnership
Agreement as a modification. The Supplemental Agreement includes language for most uses of
Service property by Friends, including the operation of nature stores on Service property.
Agreement Preparation and Approval Process
Refer to Exhibit 1, 633 FW 3, for detailed information about completing this agreement and
getting the appropriate approvals.

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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Exhibit 2
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Friends Supplemental Partnership Agreement
Use of Service Property
SUPPLEMENTAL AGREEMENT TO THE
FRIENDS PARTNERSHIP AGREEMENT
between the
[INSERT SERVICE SITE/PROGRAM NAME]
U.S. FISH AND WILDLIFE SERVICE
DEPARTMENT OF THE INTERIOR
AND
[INSERT THE FRIENDS ORGANIZATION NAME]
This Friends Supplemental Partnership Agreement (Supplemental Agreement) is between the
[INSERT SERVICE SITE/PROGRAM NAME], a division of the U.S. Fish & Wildlife
Service (Service), an agency of the United States Department of the Interior, and [INSERT
Friends name] (Friends).
I. PURPOSE
This Supplemental Agreement is needed for those Friends that use Service lands, facilities, or
equipment. The agreement includes standard language for use of Service land, facilities, and
equipment that may vary in scope, with an emphasis on nature store space. If operating a nature
store on Service property, this Supplemental Agreement also provides standard in-depth
language on terms of a sales operation by Friends on Service property. The provided language
should not be edited. If any added language materially changes the legal obligations of the
parties within the draft agreement, the Regional Solicitor’s Office must review the proposed
changes. Please see agreement instruction page (first two pages of this exhibit) for more
information about adding clarifying language to this agreement.
The purpose of this Supplemental Agreement to the Friends Partnership Agreement is to
facilitate and formalize the cooperation between the Service and Friends in the use of Servicemanaged property to support mutual goals and objectives defined by this Supplemental
Agreement.
II. BACKGROUND
[The Background section provides the context for the Supplemental Agreement. It states
the intent of the parties as it relates to the use of Service-managed property and is helpful
when interpreting the agreement.]
A. Friends Scope of Work: [INSERT A brief description of the complexity (scope of work)
of the Friends operations as it relates to Friends use of Service-managed property.]
B. Description of Service Property: [INSERT A description of what property (land,
facilities, equipment, and locations) the Service will provide the Friends and how that

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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Exhibit 2
633 FW 3
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leads to furthering mutually agreed-upon goals and objectives. Listing of more specifics
follows in section IV.B]

III. AUTHORIZATION AND TERM OF AGREEMENT
As stated in the Friends Partnership Agreement and including the following:
A. 5-Year Performance Period: If included at that same time of execution of the Friends
Partnership Agreement, both parties enter into this Supplemental Agreement for a period of 5
years beginning on the day following Service ratification, with four annual modification
options within the 5-year performance period to update significant changes in the
partnership. Both parties expect that the terms in this Supplemental Agreement will be
renewed every 5 years so that they will not expire. If included after the execution of the
Friends Partnership Agreement, both parties enter into this Supplemental Agreement for the
existing performance period of the Friends Partnership Agreement.
B. Agreement Renewal: Each time the Friends Partnership Agreement is up for its 5-year
renewal, the Service’s Project Leader for the site or programs and the Friends President or
board designee will also meet to review, modify, and sign this Supplemental Agreement.
C. Agreement Termination/Disposition of Assets: Upon the termination or expiration of this
Supplemental Agreement, any personal property belonging to the Friends, including nature
store inventory, remains property of the Friends. Any Service property must be returned to
the Service. Upon the termination or expiration of the Friends Partnership Agreement, this
Supplemental Agreement shall also terminate, and the disposition of any funds held by the
Friends designated specifically for the Service or the activities conducted under the Friends
Partnership Agreement or this Supplemental Agreement shall be as set forth in the Friends
Partnership Agreement.
D. Access and Closures: The Project Leader retains the right to have discretionary and
emergency access to Service facilities and equipment that Friends use. Service properties,
even those occupied by the Friends, are subject to management closures, Federal holidays,
emergency closures, furloughs, and other Governmental actions that might impact regular
daily operations and access. The Service is not responsible for any costs or damages to
Friends in the event of such actions.
E. Homeland Security Presidential Directives: Friends use of Service facilities and equipment
and access to federally-controlled information systems must comply with Homeland Security
Presidential Directives (HSPD) that mandate common identification standards for Federal
employees, volunteers, Friends, and contractors before they can access Government facilities
and data systems. Friends representatives may need to obtain Federal security clearances

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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prior to conducting the work of mutually agreed-upon programs and projects with Servicemanaged property and equipment.
F. Withdrawal of Use: The Project Leader may withdraw the use of land or withdraw, modify,
or relocate the use of facilities or equipment from Friends at any time for management or
emergency reasons. Whenever possible, the Project Leader should give the Friends a 60-day
written notice and meet with the Friends President prior to the withdrawal, modification, or
relocation to discuss the decision and to give the Friends the opportunity to address the
reasons leading to that action. Nothing in this Supplemental Agreement grants the Friends
any interest in land or right of occupancy of the premises.
G. 501(c)(3) Nonprofit Status: The Friends must maintain their non-profit tax-exempt status
under Section 501(c)(3) of the Internal Revenue Code and other applicable State and Federal
laws. This Supplemental Agreement and the Friends Partnership Agreement will
automatically terminate if the Friends organization does not maintain its nonprofit status.
IV. SERVICE AND FRIENDS RESPONSIBILITIES
A. Joint Responsibilities of the Service and Friends. Both parties jointly agree to:
(1) Work together to ensure that Friends access of Government land, facilities, and
equipment and federally-controlled information systems are compliant with the HSPD.
(2) Work together to adequately secure facilities and use reasonable care to prevent damage
and loss of property. The Service is not responsible or liable for lost, damaged, or stolen
Friends property while housed on Service property, except to the extent that such loss,
damage, or theft is the result of the Service’s negligence or omission.
(3) Collaborate on the selection of sales items, including the quality and display location of
sales items. Items for sale should have educational and outreach value and illustrate the
purpose of the Service site/program, reinforce the mission and goals of the Service, and
be consistent with the general design and décor of the facility. Friends may develop their
own plans for merchandising, but the Project Leader is ultimately responsible for
approving the items sold on Service property and may reject or request removal of
proposed and existing items if they misrepresent the Service or are inappropriate,
inaccurate, or of poor educational value.
[OPTIONAL - INSERT List of mutually agreed-upon sales items and description of
sales terms.]
(4) Collaborate on nature store operational practices, including hours/days of operation.

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B. The Service agrees to:
(1) Provide the following facilities and equipment for the Friends use for the purpose of
conducting work associated with the mutually agreed-upon goals, as described in the
Friends Partnership Agreement. Friends must not use any Service-appropriated funds
(including property, meeting rooms, utilities, services, or supplies) to conduct lobbying
activities; attempt to influence Congress or any official of the government; favor or
oppose any legislation, law, or appropriations; raise funds through games of chance; or
conduct fundraising and other activities that are not in direct support of the Service site or
program in which the Friends Partnership Agreement is held.
[ADDRESS (a) - (d) AS NEEDED BELOW. Identify and describe location(s) and
attach maps or room diagrams if helpful. Describe use, extent, limitations to use,
and purpose of use.]
(a) Office and meeting room space;
(b) Government equipment, such as phones, fax machines, furniture, etc.;
(c) Storage space for storing outreach and interpretive materials, sales merchandise, and
other supplies; and
(d) Nature store space.
(2) Provide the Friends with incidental utility services, including water, electricity, heat, air
conditioning, internet, and phone to the extent that these utilities are available and
previously required for the operation of the building and other Government purposes. The
Project Leader may request the Friends to provide for their own utilities if expenses are
above and beyond what is required for Government purposes.
(3) Not use appropriated funds to purchase any office equipment specifically for the
operation and administration of the Friends organization. The Friends will furnish any
additional specialized equipment needed for the operation of their organization that the
Service does not already own or lease and have available to use. Friends use of
Government equipment must not impair the Service in achieving its goals and objectives.
Friends must obtain approval from the Project Leader before purchasing and installing
their own equipment.
(4) Subject to HSPD compliance, the Project Leader or a designee must provide Friends
guidance and direction about security when accessing Service property/facilities. The
Project Leader may issue a key, security combination, or pass codes to Friends with
proper Departmental security clearances. Friends representatives may not duplicate or
loan the key to any person or third party or disclose the combination or pass code. The
last party vacating the premises takes full responsibility for making sure that doors are
locked, gates are secured, and security systems are engaged.

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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(5) Involve the Friends in the review and comment on Service plans that may redesign,
renovate, or construct facility space currently occupied by the Friends.
(6) Provide the Friends with information regarding applicable Service regulations and
policies regarding operation and use of facilities.
C. The Friends agree to:
(1) Obtain written approval from the Project Leader before altering Service property and
understand that all improvements to Service property that the Friends make become the
property of the United States without compensation.
(2) Provide their own office supplies (e.g., paper, pens, envelopes).
(3) Be solely and fully liable for loss of Friends inventory, property, and income in case of
fire, natural disasters, or theft. The Government does not insure Friends belongings on
Service property.
(4) Allow Friends publications, all collateral pieces, and outreach and interpretive displays,
distributed or displayed on Service property, to be reviewed by the Service for editorial
and design quality. Materials dedicated to lobbying, influencing Congress or any official
of the government, or games of chance must not be displayed on Service property and
must not show any express or implied involvement or endorsement of the Service.
(5) Abide by all Service regulations including, but not limited to, those pertaining to areas
closed to the public and public use activities.
(6) Maintain Friends-occupied facilities in a clean, orderly, professional, and safe condition
and in accordance with applicable Service, State, and local fire and safety regulations.
(7) Coordinate with appropriate Service staff when bringing on new Friends personnel who
will be involved in direct contact with the public. Friends will supervise their own
members and employees, but work with the Service Liaison or Visitor Services staff to
orient any new personnel on the Service’s mission, goals, and objectives, as well as
visitor service standards of operation and conduct.
(8) Give prudent consideration to the appropriateness, quality, accuracy, and educational
value of sales items in order to maintain the Service’s responsibility to the visiting public
for Government integrity and reliability. The Project Leader may reject or request
removal of items if they are determined to be inappropriate, inaccurate, or of poor
educational value.
(9) Not sell any items prohibited under Federal or State laws, such as original artifacts,
endangered species products, Indian crafts, etc.

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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(10) Not use the Service logo or program sub-logos on any items for sale to the public or as
part of their organization’s logo or as part of their headers on their websites, newsletters,
or membership brochures.
(11) Schedule and provide their own paid staff and/or Friends volunteers to carry out the
operation of their nature store.
V. LIABILITY AND INDEMNIFICATION
As stated in the signed Friends Partnership Agreement.
VI. INSURANCE
A. The Government does not insure Friends property/equipment and nature store inventory on
Service property. The Service strongly recommends and may require that Friends purchase
the appropriate amount of insurance to protect against loss of inventory and other property in
case of fire, weather, or theft.
B. The Friends currently hold the following insurance policies related to the use of Service
property:
[INSERT List type of insurance policies held specific to this Supplemental Agreement
and briefly describe coverages.]
VII. ASSIGNMENT
As stated in the signed Friends Partnership Agreement.
VIII. AGREEMENT OFFICERS
Officer for the U.S. Fish & Wildlife Service [INSERT SITE/PROGRAM NAME]:
[INSERT OFFICIAL REPRESENTATIVE]
[NAME], [TITLE]
[SERVICE SITE/PROGRAM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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Officer for the [INSERT NAME]:
[INSERT OFFICIAL REPRESENTATIVE]
[INSERT OFFICIAL REPRESENTATIVE]
[NAME], [TITLE]
[SERVICE SITE/PROGRAM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

The parties below have caused this Supplemental Agreement to be executed by their respective
duly authorized representatives.

Sign:

Date: __________________
Regional Director [or INSERT designee]
U.S. Fish and Wildlife Service

Sign:

Date: __________________
Project Leader/Refuge Manager
[INSERT Service Site/Program]
U.S. Fish and Wildlife Service

Sign:

Date: __________________
President
[INSERT Friends of Name]

ATTACHMENTS
Check if included at the time of execution of this Friends Supplemental Partnership Agreement.
Attachment 2A – Proof of Insurance policies (related to use of Service property)

Information Collection Requirements
The Office of Management and Budget (OMB) has approved the information collection
requirements contained in this exhibit and assigned OMB Control Number 1018-####. Federal

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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agencies may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. Direct comments regarding
the burden estimate or any other aspect of the information collection to the Service’s Information
Collection Clearance Officer, U.S. Fish and Wildlife Service, U.S. Department of the Interior,
5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-3803, or via email at
[email protected].

Supersedes part 2 of Exhibit 1, 633 FW 3, 04/04/14, amended 3/11/2016

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