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Home My WebLink AboutC02-016 Modification to cost share agreement with White River National ForestCam' LJ C-". �- -±..._ � �+" -•~ � 1 FS Agree t No. 01 -CS- 11021500 -44 Coopera �x ID No. & C. -Z L,-. . -- C Cooperator 7w, reement No. MODIFICATION No To Challenge Cost Share Agreement No. 01 -CS- 11021500 -44 between USDA Forest Service, White River National Forest and the Eagle County, Colorado This MODIFICATION, is hereby entered into by and between the USDA Forest Service, White River National Forest, hereinafter referred to as the Forest Service, and the Eagle County, Colorado, hereinafter referred to as the County, as specified in Clause EA: to the Challenge Cost Share Agreement executed on August 21, 2001. Replace Clause C.2. in its entirety with 2. Provide materials, tools, and training on appropriate tool use as needed on construction projects involving high school age youth. Replace Clause C.5. in its entirety with 5. Contribute federal dollars as agreed to in the Annual Operating Plan. Replace Clause D.5. in its entirety with 5. Contribute County dollars as agreed to in the Annual Operating Plan. Replace Clause E.11. in its entirety with 11. COMMENCEMENT /EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through December 31, 2002, at which time it will expire unless extended. Replace Clause E.15. in its entirety with 15. AVAILABILITY OF FUNDS. Funding agreed to in the Annual Operating Plan is available for performance of this instrument through September 30, 2002. The Forest Service's obligation for performance of this instrument beyond this date is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the Forest Service for any payment may arise for performance under this instrument beyond September 30, 2002, until funds are made available to the Forest Service for performance and until the recipient/cooperator receives notice of availability to be confirmed in a written modification by the Forest Service. Except as set forth above, all other terms and conditions of the agreement shall remain the same, unchanged, and in full force and effect. Page 1 of 2 Cj FS Agreement No. Coopera ax ID No. Cooperai — Agreement No. THE PARTIES HERETO have executed this instrument as of the last date shown below. EAGLE COUNTY, BOARD OF COUNTY COMMISSIONERS The authority and format of this instrument has been reviewed and approved for signature. /s /Carol A. Hindman 12/12/01 (Name) DATE Agreements Coordinator USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST 01 -CS- 11021500 -44 'DATE MARTHA J. KETELLE DATE Forest Supervisor Page 2 of 2 FS Agreement No. 01 -CS- 11021500 -44 _ Cooperator Tax ID o. 84- 6000762 Cooperator Agreement No. 8/1/01 CHALLENGE COST SHARE AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE, WHITE RIVER NATIONAL FOREST This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and between the Eagle County, Colorado, hereinafter referred to as the County, and United States Department of Agriculture Forest Service, White River National Forest, hereinafter referred to as Forest Service, under the provisions of the Department of Interior and Related Agencies Appropriation Act of 1992, P.L. 102 -154. A. PURPOSE: The purpose of this agreement is to provide opportunities for youth groups through the Eagle County YCC program. The youth groups will assist the Forest Service in maintenance and improvement of Forest Service facilities. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The Forest Service will receive needed services in recreational and wilderness areas and Eagle County will receive opportunities to carry out their YCC program. Groups under the Eagle County YCC program will have an opportunity to learn about and experience the White River National Forest while accomplishing organizational goals. C. FOREST SERVICE SHALL: 1. Provide mutually agreed upon work opportunities such as trail work, developed campsite repair, etc. on the White River National Forest. 2. Provide tools and training on appropriate tool use as needed on construction projects involving high school age youth. 3. Provide supervision in addition to the group's supervisor(s) on complex construction projects and limited supervision on other projects. 4. Provide environmental education (i.e. noxious weeds, Leave No Trace" camping /hiking) for a minimum of 50 percent of the groups. 5. Contribute Federal dollars not to exceed $16,000 to Eagle County. D. EAGLE COUNTY SHALL: C11 FS Agreement No Cooperator Tax ID o. Cooperator Agreement No. 01 -CS- 1102150044 84- 6000762 8/1/01 Solicit youth groups to perform projects on the White River National Forest and coordinate scheduling with the Forest. 2. Provide liability insurance on all projects. 3. Ensure all groups come with supervision, proper attire, and basic first aid equipment. 4. Provide all participating youth with leather work gloves. 5. Commit $40,000 for implementation of the YCC program on the Forest. E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. FEDERAL COST PRINCIPLES. This agreement will be governed by OMB Circular No. A -87, Cost Principles for State, Local and Indian Tribal Governmentsand audit requirements under OMB Circular A -133, Audits of States, Local Governments and Non -profit Organizations. 2. COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to a cooperator in excess of the amount to which the cooperator is finally determined to be entitled under the terms and conditions of the award constitute a debt to the Federal Government. If not paid within a reasonable period after the demand for payment, the Federal awarding may reduce the debt by: a. Making an administrative offset against other requests for reimbursements. b. Withholding advance payments otherwise due to the cooperator. c. Taking other action permitted by statue. Except as otherwise provided by law, the Federal awarding agency shall charge interest on an overdue debt in accordance with 4 CFR, Chapter II "Federal Claims Collection Standards" and 31 U.S.C., Chapter 37. 3. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax identification number upon execution of this instrument. 4. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance. 5. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Forest Service, Inspector General, or Comptroller General, through any authorized representative, shall have access to and the right to examine all records related to this FS Agreement N Cooperator Tax ID o. Cooperator Agreement No. 01 -CS- 11021500 -44 84- 6000762 8/1/01 instrument. As used in thin provision, "records" includes books, documents, accounting procedures and practices, and other data regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. All records pertinent to this agreement shall be retained for a period of 3 years. 6. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 7. NONDISCRIMINATION. The recipient/cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e -16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in primary and secondary recipient/cooperator offices, at the public service delivery contact point and included, in full, on all materials regarding such recipients' /cooperators' programs that are produced by the recipients /cooperators for public information, public education, or public distribution: "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 -W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250 -9410 or call (202) 720 -5964 (voice and TDD). USDA is an equal opportunity provider and employer." If the material is too small to permit the full statement to be included, the material will at minimum include the statement, in print size no smaller than the text, that "This institution is an equal opportunity provider. " S. PROPERTY IMPROVEMENTS. Improvements placed on " Kational Forest System land at the direction of either of the parties, shall thereupon become property of the United States, and shall be subject to the same regulations and administration of the Forest Service as other National Forest improvements of a similar nature. No part of this instrument shall entitle the cooperator to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service. FS Agreement Nc.. 1 Cooperator Tax ID No. Cooperator Agreement No. 01 -CS -1 1021500 -44 84- 6000762 8/1/01 9. LEGAL AUTHORITY. The cooperator has the legal au-diority to enter into this instrument, and the institutional, managerial and financial capability (including funds sufficient to pay nonfederal share of project costs) to ensure proper planning, management, and completion of the project. 10. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals. 11. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through December 31, 2001, at which time it will expire unless extended. 12. EXTENSION OF PERFORMANCE PERIOD. The Forest Service, by written modification may extend the performance period of this instrument for a total duration not to exceed 5 years from its original date of execution. 13. TERMINATION. Any of the parties, in writing, may terminate the instrument in . whole, or in part, at any time before the date of expiration. No parties shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many, obligations as possible. Full credit shall be allowed for each Party's expenses and all non - cancelable obligations properly incurred up to the effective date of termination. Excess funds shall be refunded within 60 days after the effective period. 14. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Forest Service Project Contact Dave VanNorman Holy Cross Ranger District PO Box 190 Minturn, CO 81645 Phone: 970 827 -5715 FAX: 970 827 -9343 E -Mail, dvannorman@fs.fed.us Forest Service Administrative Contact Rich Dook White River National Forest PO Box 948 Glenwood Springs, CO 81602 Cooperator Project Contact Becky Fowles Eagle County PO Box 850 Eagle, CO 81631 Phone: 970 328 -8637 FAX: 970 - 328 -8629 E -Mail: ecadmin @eagle- county.com Cooperator Administrative Contact Kathryn Heider Eagle County PO BOX 850 Eagle, CO 81631 Phone: 970 945 -3267 FAX: 970 945 -3266 E -Mail: rdoak @fs.fed.us FS Agreement No. 01 -CS- 11021500 -44 Cooperator Tax ID No. 84- 6000762 Cooperator Agreement No. 8/1/01 Phone: 328 -8612 FAX: 328 -8629 E -Mail: kheider @eagle- county.com 15. AVAILABILITY OF FUNDS. Funds in the amount of $16,000 are currently available for performance of this instrument through September 30, 2001. The Forest Service's obligation for performance of this instrument beyond this date is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the Forest Service for any payment may arise for performance under this instrument beyond December 31, 2001, until funds are made available to the Forest Service for performance and until the recipient/cooperator receives notice of availability to be confirmed in a written modification by the Forest Service. 16. ELECTRONIC FUNDS TRANSFER. The recipient/cooperator shall designate a financial institution or an authorized payment agent through which a Federal payment may be made in accordance with U.S. Treasury Regulations, Money and Finance at 31 CFR 208, which requires that Federal payments are to be made by electronic funds transfer (EFT) to the maximum extent possible. A waiver may be requested and payment received by check by certifying in writing that one of the following situations apply: a. The payment recipient/cooperator does not have an account at a financial institution. b. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving a check. c. The payment recipient/cooperator has a physical or mental disability, or a geographic, language, or literacy barrier. To initiate receiving your payments) by electronic transfer, contact the National Finance Center (NFC) on the worldwide web at www.nfc.usda.gov, or call the NFC at 1- 800 -421 -0323, or (504) 255 -4647. Upon enrollment in the program you may begin to receive payment by electronic funds transfer directly into your account. 17. PAYMENT/REIMBURSEMENT. Reimburse the cooperator for the Forest Service's proportionate share, 29 percent of actual expenses incurred, not to exceed $16,000, reduced by program income, and other Federal and nonfederal cash contributions, as shown in the incorporated Financial Plan. If program income generated from the project exceeds the cooperaor's actual expenses, the Forest Service share is zero. The cooperator is approved to submit one billing. The Forest Service will make payment for its share of project costs upon receipt of an invoice. The invoice shall display the cooperator's actual expenditures to date of the invoice (not just the Forest Service share of actual expenditures), displayed by separate cost elements as documented in the Financial Plan, less program income and other Federal and r Phone: 970 945 -3267 FAX: 970 945 -3266 E -Mail: rdoak @fs.fed.us FS Agreement No. -' 01 -CS- 11021500 -44 Cooperator Tax ID No. 84- 6000762 Cooperator Agreement No. 8/1/01 Phone: 328 -8612 FAX: 328 -8629 E -Mail: kheider @eagle - county.com 15. AVAILABILITY OF FUNDS. Funds in the amount of $16,000 are currently available for performance of this instrument through September 30, 2001. The Forest Service's obligation for performance of this instrument beyond this date is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the Forest Service for any payment may arise for performance under this instrument beyond December 31, 2001, until funds are made available to the Forest Service for performance and until the recipient/cooperator receives notice of availability to be confirmed in a written modification by the Forest Service. 16. ELECTRONIC FUNDS TRANSFER. The recipient/cooperator shall designate a financial institution or an authorized payment agent through which a Federal payment may be made in accordance with U.S. Treasury Regulations, Money and Finance at 31 CFR 208, which requires that Federal payments are to be made by electronic funds transfer (EFT) to the maximum extent possible. A waiver may be requested and payment received by check by certifying in writing that one of the following situations apply: a. The payment recipient/cooperator does not have an account at a financial institution. b. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving a check. c. The payment recipient/cooperator.has a physical or mental disability, or a geographic, language, or literacy barrier. To initiate receiving your payment(s) by electronic transfer, contact the National Finance Center (NFC) on the worldwide web at www.nfc.usda.gov, or call the NFC at 1- 800 - 421 -0323, or (504) 255 -4647. Upon enrollment in the program you may begin to receive payment by electronic funds transfer directly into your account. 17. PAYMENT/REIMBURSEMENT. Reimburse the cooperator for the Forest Service's proportionate share, 29 percent of actual expenses incurred, not to exceed $16,000, reduced by program income, and other Federal and nonfederal cash contributions, as shown in the incorporated Financial Plan. If program income generated from the project exceeds the cooperator's actual expenses, the Forest Service share is zero. The cooperator is approved to submit one billing. The Forest Service will make payment for its share of project costs upon receipt of an invoice. The invoice shall display the cooperator's actual expenditures to date of the invoice (not just the Forest Service share of actual expenditures), displayed by separate cost elements as documented in the Financial Plan, less program income and other Federal and FS Agreement No a ` Cooperator Tax ID o. Cooperator Agreement No. 01- CS- 11021500 -44 84- 6000762 8/1/01 nonfederal cash contributions and previous Forest Service payments. The invoice. should be forwarded as follows: Send original to: Rich Doak USDA Forest Service White River National Forest PO Box 948 Glenwood Springs CO 81602 Phone: 970 945 -3267 E -Mail: rdoak @fs.fed.us Send copy to: Dave Van Norman USDA Forest Service Holy Cross Ranger District PO Box 190 Mintum CO 81645 Phone: 970 827 -5715 E -Mail: dyannorman@fs.fed.us 18. ENDORSEMENT. Any cooperator contributions made under this instrument do not by direct reference or implication convey Forest Service endorsement of the cooperator's product or activities. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. EAGLE COUNTY, BOARD OF USDA FOREST SERVICE COUNTY COMMISSIONERS WHITE RIVER NATIONAL FOREST The authority and format of this instrument has been reviewed and approved for signature. /s/ Carol Hindman DATE 8/1/01 FS �j.greements Coordinator Job Code — TLOP20- $3000, FCOP51- $8000, KV1F40- $2000, FCMT24- $1500, Eagle CWFS, $1500 FOR FOREST SERVICE USE ONLY )L 0 j FS Agreement Cooperator Tax ID No. Cooperator Agreement No. Agreement #.: 01 -CS -1 102 Spending Limit for FY01: Burden (overhead rate): Job Code: Billing Frequency (advance lump sum, monthly, quarterly, semi - annual, annual): Vendor ID (multiple partners ?): If Federal, Agency Location Code: Program Manager and phone #: Termination Date: 01- CS- 11021500 -44 84- 6000762 8/1/01 EA E BOARD OF COUNTY COMMIS '1NERS �j �' 41 AGE . rEQUEST &STAFF RECOMMENt =�TION FORM TITLE Ratification of Modification to Agreement with U.S. Forest Service for Eagle County Youth Conservation Corps Funding LOCATIO STAFF CONTACT /PRESENTER Kathryn Heider, Assistant County Administrator DEPARTMENT Administration REQUESTED HEARING DATE Jan. 15 2002 (1ST CHOICE)1_Jan. 22, 2002 (2ND CHOICE) CHECK ONE: CONSENT CALENDAR —X— ON THE RECORD WORK SESSION LENGTH OF TIME REQUESTEDIREQUIRED THE DOCUMENTS TO BE SIGNED H VE B N REVI WED & APPROVED BY THE COUNTY ATTORNEY Attorney IF THIS IS A CONTRACT OR OTHER ITEM REQUIRING AN EXPENDITURE, IS THE FULL AMOUNT TO COVER THIS REQUEST IN THE CURRENT APPROVED BUDGET? PROJECT /CONTRACT DESCRIPTION Provides minor modifications to the Challenge Cost Share Agreement with the USDA Forest Service, White River National Forest and Eagle County for funding of the Eagle County Youth Conservation Corps and extends the agreement through December 31, 2002. STAFF RECOMMENDATION Ratification BASIS FOR RECOMMENDATION PROPOSED MOTTO (ATTACH ALL BACK UP DOCUMENTS TO THIS FORM) Revised 8/15/2000 �—J — ;lack Ingstad, County Administrator