HomeMy WebLinkAboutC04-261 Colorado State University Sponsored Programs ~),. . &#...;Jv;(-I/ Subaward Agreement Institution/Organization (" UNIVERSITY") Name: Colorado State University Address: Sponsored Programs Fort Collins, CO 80523-2002 Institution/Organization ("Collaborator") Eagle County P. O. Box 850 Eagle, CO 81650 Prime Award No. Subaward No. 04-DG-11 020000-01 0 G-536730-007 Awarding Agency USDA Forest Service Subaward Period of Performance CFDA No. 1 0-1-03 to 9-30-05 10.664 Amount Funded this Action $9,000 Cost Share (Match) $9,000 Project Title 2004 Colorado Wildland Urban Interface Grant Program Reporting Requirements: Final Report and as specified in Attachment A Terms and Conditions (1) UNIVERSITY hereby awards a cost reimbursable subaward, as described above, to Collaborator. The statement of work and budget for this subaward are (check one): _ as specified In Collaborator's proposal dated ; or _X_ as shown In Attachment A. In Its performance of subaward work, Collaborator shall be an Independent entity and not an employee or agent of UNIVERSITY. (2) UNIVERSITY shall reimburse Collaborator not more often than monthly for allowable costs. All Invoices shall be submitted using the attached Reimbursement Request form (Attachment B), which shall Include current and cumulative costs (Including cost sharing), subaward number, and certification as to truth and accuracy of invoice. Invoices must be submitted to District Ottlces for approval and processing for payment. Invoices that do not reference UNIVERSITY's subaward number shall be returned to Collaborator. (3) A final statement of costs Incurred, Including cost sharing, marked "FINAL", must be submitted to UNIVERSITY's Administrative Contact NOT LATER THAN sixty (60) days after subaward end date. The final statement of costs shall constitute Collaborator's final financial report. Final payment due the Collaborator may be withheld until all the terms and conditions of the subaward have been met. (4) All payments shall be considered provisional and subject to adjustment within the total estimated cost In the event such adjustment Is necessary as a result of an adverse audit finding against the Collaborator. (5) Matters concemlng the technical performance of this subaward should be directed to the appropriate party's Project Director, as shown In Attachment C. Technical reports are required as shown above, "Reporting Requirements." (6) Matters concemlng the request or negotiation of any changes In the terms, conditions, or amounts cited In this subaward agreement should be directed to the appropriate party's Administrative Contact, as shown In Attachment C. Any such changes made to this subaward agreement require the written approval of each party's Authorized Ottlclal, as shown In Attachment C. (7) Each party shall be responsible for Its negligent acts or omissions and the negligent acts or omissions of Its employees, offlcers, or directors, to the extent allowed by law. (8) Either party may terminate this agreement with thirty days written notice to the appropriate party's Administrative Contact, as shown In Attachment 3. UNIVERSITY shall pay Collaborator for termination costs as allowable under OMB Circular A-21 or A-122, as applicable. (9) No-cost extensions require the approval of the UNIVERSITY. Any requests for a no-cost extension should be addressed to and received by the Administrative Contact, as shown In Attachment C, not less than thirty days prior to the desired effective date of the requested change (10) The Subaward is subject to the terms and conditions of the Prime Award, Attachment 0, and other special terms and conditions, as Identlfled In Attachment E. (11) By signing below Collaborator makes the certifications and assurances shown In Attachments F. Agreed by Authorized Official of UNIVERSITY: ~~. T Director, Sponsored Programs 0/>1iJ Do Y Date ~_~Offldm~_ Name OM (3. SfZ)Vle... Title ~i~ Bll~lf)'f Date By: CSU State Co roller or Designee 2004 Colorado Wildland Urban Interface Grant Program ATTACHMENT A State Information for: Granby DIatrIct State Contact: Dlstrlctf Unit priority for this application: Co-1-GR-8 Name: Ron Co...lneau ^. . ~ -:6 ~'il.n -60"7 Address: CSFS Granbv DIatrIct 0Iftce .... 1 P.O. Box 69 Granbv, Co. 80446-0069 Phone: 170-887-3121 E-Mail: csfsaranb I.eam Applicant Name: Applicant Infonnatlon Eagle County Contact Person: Becky Gadelll KatIe Sloat 2 Address: P.o. Box 810 Eagle, CO 81810 Phone: 170-328-8801 Fax: 170-328-8828 E-Mail: eaaleadmin@eaalecountv.US Communltv Infonnatlon Community Name: Eagle County County: Eagle County Congressional District: Colorado 2nd Impacted Population: 41,861 No. of Homes Impacted: 23.781 What organization In the community Is providing leadership for the project Homeowners Association Fire Department or Protection District Local Govemment County Govemment Eagle County Government 3 Corporation Private IndMdual "__Dn Hames:~ Businesses: x Watersheds (community drinking water): x Infrastructure: x Economic Viability: x (Check what 18 threatened) GR-8.x1s Page 1 , . Prolect SummarY Primary Project Type Units of Measure YorN Number Unit AssesamentlSCOPing:~ 85-70 Acrea Planning: N 15 Private Homealtea InformatlonlEducatlon: Y 5 Mltlaatlon Prolecta ImplementationlTreatment: Y 2 FII'8 Breau Monitoring/Evaluatlon: Y tTO Rennrt\ Project Description: State and County fll'8 and land management .g.nc... wIll.valuate and prioritize altea on private land wIthin Eagl. County that would beneflt the moat from hazardo... ru.lreductlon treatmen1a. Th. Youth Conaervatlon Co". wIll th.n be mobilized and equipped to h.lp c1e.r und.rbruah amlalaah from th... foreatad ....... Finally, throughout the coura. ofth. day the youth will be eduCllted on wIldfire beh.vlor, beneflta of fire to the ecoayatem, local fin .nYlronm.nt, cntatlng and m.lntalnlng "defenalbl. ap.ce"ln the wildland/urban Interface zone and fll'8 pl'8WntIon technlquea. Th. youth wIll .180 I.arn ..fa and proper .... of varlo... handtDola. In .ddltlon to the 'eaaona abov., the youtJi will gain an appreciation of the different communltlea wIthlng Eagl. County and a ..nae of community Involvement. Is this a continuing project from previous year/s: Y I I Briefly Identify accomplishments, including Units of Measure: . Our gl'8nt# 7110~36 waa .xtended Into 2003 from 2002. During the 2002103 aeeaona. the Youth Cona.rvatlon Co". worked on five dlffel'8nt projects. Thea. proJectB Included nln. private propertlea and .creag. belonging to the Town of 5 "aiL In total, mol'8 th.n II acrea of private land _1'8 cleared of .xceaa ru.1a and on. 21' by 100' fire break waa built around a private reald.nce. Approximately 80 Youth Conaervatlon co". voluntee... _1'8 Involvad In th... projects along Mth more th.n a dozen hOme8Wn.ra, fire mitigation apeclallata and Town of Vall employ.... HoW will YOU mitlaate the threats checked in Block 31 Wh.n . wIIdfll'8 apl'8ads In the wIldland/urban Intarface area, hornea, b...ln...... wateraheda and Infrastructure .re , threatened. If the ru.Ia, alope. eapact or _ath.r help spread fIamea Into urbanized ......, the coats can be utoundlng. Thla project alma to .... the Youth Conaervatlon Co". to _let private landown.... wIth creating ami maintaining. defenalbl. .pace" .round Improv.m.nt.. Th. defenalbl. space Ia . key compon.nt to proYldlng effective wlldfll'8 .upp.....lon wIthin the zon.. Th. propoaed project wIlls.rve aevel'8l purpoaea. Inltlaiiy, It wIll proYld. the much needed man...llabor required to create ru.1 breau by clearing ...... of d.nae, highly flammable foreat ru.la, th... reducing the ria. of wIldfll'8 spread. Secondly, It wIll provld. the youth groupe wIth an oppoltunlty to earn money for th.lr org.nlzatlon. Give a brief descriDtlon of the Dicifect steos and activities to achieve ob ectlves. SiiIi8 and County fire and land man.gement .g.nc... will evaluate and prioritize sltea on private land wIthin Eagl. County that would beneflt the moat from hazardo... ru.lreductlon treatment.. Th. Youth Conaervatlon Co". wIll th.n be mobDIzed and equipped to h.lp clear underbruah and slaah from theae foreatad ....... Finally. throughout the couraa of th. day the youth will be eduCllted on wIldfire behavior, beneflta of fll'8 to the ecoayatem. local fire anYIronment, creating nd maintaining "defenalble apace"ln the wIldland/urban Interface zone .nd fll'8 prevention technlquea. Th. youth wIll lao learn safe and proper ... of varloua handtoola. In .ddltlon to the leaaona .bove. the youth wID gain an .ppreclatlon 0' III. dlffel'8nt communltlea wIthlng Eagl. County and . ..nae of community Involvement. ffme-Iine for meeting the steps listed above. Include major milestones. accomplishments and completion date. 1) Hold a meeting wIth all participating aganclealproperty own.1'8 to plen for th.lI888On by Dec. 2004. 2) Fed.ral, State and ILocal fire and land manag.m.nt .g.nclea wIllld.ntIfy proJectB by March 2004. 3) Recruit work groupa In April and May of ~004. I) Complete work by end S.ptember 2004. Contributors Name the private, local, tribal, state, and/or federal organizations that are contributing or participating In 6 getting the project done. . lE.gle county recelvedln-klnd aupport from the USFS. Oth.r aupporte... of the Youth Conaervatlon Co". Includ. Vall lReaorte, Colorado State Foreat Service, Colorado State Parka. Bureau of Land M.nagement .nd th.Trall ActIon Group. GR-B.x1s Page 2 , '. Estimated Total ProJect Cost Estimate the total cost of completing the project. Include all funds (federal, state, local, private, both actual 7 ~ollars and the ~' supplies, materials, volunteered services, or In-kind match): $ ,I'o~j) 8 Prolect Elmense CHow will funds be s~ nt?\ (list SauJae In columns to r1ght) Grant Eaale Countv Contributor Contributor Contributor Contributor Total Cooperators Salaryl S1.A8G" .s960 .......- lIwaaes1Benefits , S value S value S value S value ......., ., /)0 \ :~~ lif"O Oceratlna ExDenses S value S value S value S value S value $8,S4O 9 7i''ID Contractual Services ...-- S value S value S value S value S value T P_,~l1 ~ "r~16i1 IDC CaDital ExDenses S value HOO S value S value S value S value $SOO Indirect Costs S value S value S value S value S value S value sum left 'f~pV fotal ~ -4O;lRfli Sum above Sum above Sum above Sum above ~O. f,D/JP f?1f fp/~/f)" I ,c.06 Additional Comments Block &: Finally, It win teach tile youth about foreat health, beneflla of fire, wildfire behavior and pl'8Y8nt1on, while ellpoalng tIlem to Eagle County'e rich natural environment. The Eagle County Youth Coneervatlon Co". Ia an Inveatmant In our outh and our environment. A partnerahlp between the Eagle Board of County Commlulone,., TIle US Foreat Service and iIIe Gore Range Natural Sclenca School, tIlla Innovative program for young people provldea tile opportunity for them to learn about foreat management whne tIley earn money for tIlelr group projects and ualet tile Foreat Service, State Perke, 10 BLM end other partne,. with much needed work In campgrounD and trella. The program wu founded primarily In I:OOperatlon with tile White River NatIonal Foreat and Ia eupported by two ranger districts In Eagle County. TIle Agenclee identify work projects, youth-power needed and age/eklll requlrementa and provide on..1te eupervlelon, euppllea and 188l8tance to each group. TIle Eagle County Youth Coneervatlon Co". oflIce acts ae tile clearing house for youth olunteera and match.. volunteera to projects. GR-8.xls Page 3 r-~ ".~.O'{ ~H b.Z'?o1 ATTACHMENT B GRANT REPORTIREIMBURSEMENT REQUEST 2003 WSFM COMPETITIVE GRANTS Subaward No. G- In order to receive reimbmsement, you must provide documentation supporting your expenditures covered by this initial disbmsement and the corresponding match. You may request reimbursement on a monthly basis as you incur expenses, however the final 1 0% of the award amount will not be released until the final closeout report is received and accepted. Reimbmsement requests must be accompanied by receipts for costs incurred and documentation of matching funds. Federal Funds cannot be used as sources for meeting the cost sharing (matching) provisions. Matchinl! Funds are exoenses for I!oods. services and labor necessary for nroieet imnlementation and incurred bv the annlicant which are not reimbursed with Federal Funds. 1. GrantAward#: 2. Total Award Amount: 3. Community Protected: 4. Make Payment To: 5. Period ofPerfonnance: Name: From: Address: To: 6. What was accomplished? (Quantity or Status of Project. Please provide a description of accomplishments. Please be specific and report numbers such as acres treated. munbers of defensible spaces, tons of cubic feet or yards of slash collected, number of presentations, number of plans written. Attach additional sheets as necessary.) 7. Reimbmsement Request: . Project to Date Reimbursement Request Amount cannot exceed the total award obligation as identified in the Award Document. The Total Reimbursement Request Amount cannot exceed to Total Matching Funds amount for the period being billed. Current Period Project to Date Reimbmsement Matching Funds Total Costs Reimbmsement Matching Funds Total Costs Request Amount Request Amount Labor* Material.. Total Donated time and materials can only be counted towards the matching component ยท Use actual costs or $11.68/hour for donated or volunteers' time. .. Use actual costs or fair market value of donated materials, SUDDlies, or eauiDment use. 8. Amount Paid to CSFS for Products and/Or Services : $ 9. I request reimbmsement in the amount of $ for the work completed and documented above. I certify that to the best of my knowledge and belief this report is correct and complete an that all outlays reported are for the purposes set forth in the grant award documents. Signature: Date: 10. Certification (To be completed by CSFS District): Work meets minimum standards as set forth by CSFS. Signature: Date: Attachment C Subaward A~ reement University Contacts Administrative Contact Name: Address: Telephone: Fax: Email: Betty Eckert Sponsored Programs Colorado State University Fort Collins, CO 80523-2002 970-491-1554 970-491-6147 betty.eckert@ research.colostate.edu Principal Investigator Name: Address: Telephone: Fax: Email: Financial Contact Name: Address: Telephone: Fax: Email: Authorized Official Name: Address: Telephone: Richard L. Homann Colorado State Forest Service Colorado State University Fort Collins, CO 80523-5060 970-491-6303 970-491-7736 richard.holman@colostate.edu Same as Administrative Contact Lynn Johnson Director, Sponsored Programs Colorado State University Fort Collins, CO 80523-2002 970-491-1550 Collaborator Contacts Administra~ive . Name: ~"'-tk'r-e.e... We.-++~~'JI'\ Address: PO Bo'X CO~O ~ 'e. c..OlA",-4-..., ~. ~ Ie, CD ~'lo~, Telephone: 0110. ~~'O - 'Olo, 'Z- Fax: ~ ., 0 . :,"t.!O - 'Dlo 'Z...<<=} . Email: .r::,~r~~. w~~ski",,@ e~ le...c.o\.A..t'\ t-'1.\A~ Project Director \/O,.("\'e.,s ~"" 9UA.soV\ Name: .:r~ Y\~ \e v- Cu...... J Address: ~~~b\N"e.....- Telephone: q,"\ Q - "?Vb. ~ lQ~l Fax: ';, 0 - ~U -l()lQ 'Z...~ Email: j-eh'V'~ ~Y"" . c..,^V"J.@. ~le..c..o~+--,' ".~ Financial Contact Name: ].A ,. \L.e. K..ot f>e.. ('" Address: ~O ~'I- C06t> ~\e. (Ol-'f'+, CocN'U"Y\~+ ~C\ \e, lD 'O\\o~ \ Telephone: ~,b . "O"Z..'O .~5' \ Fax: q-,o. ~LtO. ~,' Email: YV\i~\.ro~(!. ~\eLoI,A..~ .u~ Authorized Official Name: ToY'V\. c.. - S-\-ol"'e....., (ha.',,"~f\_ Address: 'H:roo..,.-d at- C\t\A."'-+-"" (o.-nn'\v)O" '5 ~~ ~ A:h", ,~\ ~\..rt\. -\-.~ V (2. , I Telephone: Fax: II Email: ,I A c:!.5 tJ C()~dt. j) - United States Department of Agriculture Forest Service Rocky Mountain Region P.O. Box 25127 Lakewood, CO 80225-0127 DeUvery: 740 Simms St. Golden, CO 80401 Voice: 303-275-5350 TOD: 303-275-5367 FOe Code: 1580/3000 Date: June 30, 2004 Subject: Consolidated Payment Grant Program (CPG) Grant No. 04-DG-ll0200oo-01O e.~'c"..'"c,L,,' '''' To: Office of Sponsored Programs Colorado'State University Attn: Betty Eckert 40S University Services Center Fort Collins, CO S0523-2oo2 Upon execution of this document, an award to Colorado State University/Colorado State Forest Service, Ft. Collins, Colorado, in the amount of $1~~8J is made for the Consolidated Payment Grant under the terms of the Cooperative Forestry Assistance Act of July 1, 1978 (p.L. 95-313,92 Stat. 365, as amended) 16 U.S.C. 2102, Section 3; 16 U.S.C. 2103a, Section 5; 16 U.S.C. 2104, Section 8; 16 U.S.C. 2105, Section 9; 16 U.S.C. 2106, Section 10; and 16 U.S.C. 210S, Section 12; and Department of the Interior and Related Agencies Appropriation Act, FY 2004 (p.L. lOS-lOS) and accepted for the purposes described in the "Application for Federal Assistance" dated May IS, 2004 and required documents which are incorporated and made a part of the award. As required under Section 12 of the Cooperative Forestry Assistance Act, a ~sb!P~ contribu~~1'.l,~~~!!~ 9L~.Q~"pf the total cost of the program is required. Your Federal identification number for this grant award is 04-DG-ll020000-010. Please reference this number on any future correspondence. Based on your letter dated September 5, 2003, and the terms and conditions stated in our Letter of Cost Incurrence dated October 1, 2003, pr~~~~5,9,G95.t~.fQ{YQm"Pt;9gr~~~~~tl:1,Q~~dfrQIJ::I.Oct()Per 1.. 200~thrQqgh the .date of 14st si8!lliltw!!. ~hQwnon this award document. This is an award of federal financial assistance and as such is subject to the Office of Management Budget (OMB) Circular A-llO, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations; OMB Circular A-21, Cost Principles for Institutions of Higher Education; and OMB Circular A-133, Audits of States, Local Governments, Institutions of Higher Education and Non-Profit Organizations. OMB Circulars A-IlO, A-21, and A-133 are implemented by the United States Department of Agriculture (USDA), Uniform Federal Assistance Regulations, 7 CPR 3015,3017, 301S, 3019, and 3052. The following administrative provisions apply to this grant. 1. INTERNATIONAL AIR TRANSPORTATION FAIR COMPETITIVE PRACTICES ACT. The Recipient organization shall comply with Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 1517 (Fly American Act) which requires: s Caring for the Land and Serving People ft PrInted on Recycled paper'" CPG Grant No. O4-DG-110 )0-010 Page 2 a. Any air transportation to, from, between, or within a country, other than the U.S., of persons or property, the expense of which will be assisted by USDA funding, will be performed on a United States flag carrier if service provided by such carrier is "available." b. For the purposes of the requirement: (1) Passenger or freight service by a certified air carrier is considered "available" even though: (a) Comparable or a different kind of service by a noncertificated air carrier costs less; or (b) Service by a noncertificated air carrier can be paid for in excess foreign currency; or (c) Service by a noncertificated air carrier is preferred by the Recipient organization, contractor or traveler needing air transportation. (2) Passenger service by a certificated air carrier is considered to be ''unavailable'': (a) When the traveler, while enroute, has to wait 6 hours or more for an available U.S. carrier; or (b) When any flight by a U.S. carrier interrupted by a stop anticipated to be 6 hours or more for refueling, reloading, repairs, and so forth, and no other flight by a U.S. carrier is available during the 6-hour period; or (c) When the flight by a U.S. carrier takes 12 or more hours longer than a foreign carrier. 2. FOREST SERVICE ACKNOWLEDGED IN PUBUCATIONS AND AUDIOVISUALS. Forest Service support shall be acknowledged in any publications and audiovisuals developed as a result of this instrument. 3. RIGHT TO TRANSFER EOUlPMENT AND SUPPLIES. Ectq!pm~ntM9 ~.uppll~~ apPl"~lVed f9! .P!J!.C~~~.un~ftlUsinst:rumem~ avail~bleJ,ul,ly f().rcusejJs,au.thp~eq. The Forest Service t\ reserves the right to transfer title to the Federal government of equipment and supplies, valued a..~ over $5,000 per unit purchased by the Recipient using any Federal funding. Upon expiration of o this instrument the Recipient shall forward an equipment and supply inventory to the Forest Service, listing all equipment purchased throughout the life of the project and unused supplies. Disposition instructions will be issued by the Forest Service within 120 calendar days. 5. NONDISCRIMINATION. The Recipient 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 (29U.S.C. 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in primary and secondary Recipient offices, at the public service delivery contact point and included, in full, on all materials regarding such Recipients' programs that are '. CPG Grant No. O4-DG-I1O: )0-010 Page 3 produced by the Recipient 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 TOD). USDA is an equal opportunity provider and employer." H 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." 6. 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. 7. REIMBURSABLE PAYMENTS. Reimq~aple p~ym.el}!S are approved under this instrument. Only costs for those project aetlvitiesapproved in (1) the initial instrument, or (2) modifications thereto, are allowable. Requests for payment shall be submitted on Standard Form ~2n~f1.0), Request for Advance or Reimbursement, and shall be submitted no more than "',-,:-,..--~.,i,-" ~_: . ~.~.~ 8. ELECTRONIC FUNDS TRANSFER (EFT) (5/04): The recipient/cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CPR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by check by certifying in writing that one of the following situations apply: 1. The payment recipient does not have an account at a financial institution. 2. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving a check. 3. The payment recipient has a physical or mental disability, or a geographic, language, or literacy barrier. In order to receive EFT payments the recipient/cooperator shall register in the Central Contractor Registry (CCR). You may register by going to www.ccr.gov and following the instructions provided on line. For assistance, contact the CCR Assistance Center at 888-227-2423 or 269- 961-4725. 9. FINANCIAL STATUS AND CASH REPORTING. A Financial Status Report, Form SF- 2g~4.shall_submittedquarterPy. The tinalPormSF-269A shall be submitted either with your final payment request, or no later than 90 days from the expiration date of the instrument. 10. PROGRAM PERFORMANCE REPORTS. Submit a ~rfQ.rmance report annually. The final performance report shall be submitted either with your ~naI payment request, or no later . CPG Grant No. 04-DG-110" '10-010 Page 4 than 90 days from the expiration date of the instrument. The Annual Accomplishment Report serves as the Performance Report. 11. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Forest Service Program Contact Glenn Snyder (Cooperative Fire) (303) 275-5748 Susan Gray (Forest Stewardship) (303) 275-5239 Susan Ford (Urban and Community Forestry) (303) 275-5742 Bob Dettmann (Economic Action) (303) 275-5741 Frank Cross (Forest Health Management) (303) 275-5061 USDA, Forest Service P.O. Box 25127 Lakewood, CO 80225-0127 FGrest Servi~ Administrative Conta(;t Linda L. Davis Grants & Agreement Specialist Rocky Mountain Region 2840 Kachina Drive' Pueblo, CO 81008 Phone: 719-553-1444 FAJ{:719-553-1425 E-Mail: lldavis@fsJed.us Recipient Program Contact James E. Hubbard, Colorado State Forester Colorado State Forest Service 203 Forestry Ft. Collins, CO 80523 Phone: (970) 491-6303 Cooperator Administrative Contact Betty Eckert Office of Sponsored Programs Colorado State University 408 University Services Center Fort Collins, CO 80523-2002 Phone: 970-491-6147 FAJ{: 970-491-6147 E-Mail: bettv .eckert@research.colostate.edu 12. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. 13. COMMENCEMENT--'EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through September 30, 2005 at which time it will expire unless extended. , ATTACHMENT E SPECIAL PROVISIONS (Not for Use with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACfOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACfOR AND NOT AS AN EMPLOYEE. NEI1HER THE CONTRACfOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACf. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEfITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACfOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABD..ITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSmLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or avai1a6le m any action at law whether by way of comp-laint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder oftbis contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4 Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to jUdgment as certified by the controller. 8. EMPLOYEE FINANCAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The si~tories aver that to their knowledge, no employee of the State of Colorado has any personal or benefiCial interest whatsoever in the service or property descn"bed herein. . . Attachment F Subaward Agreement By signing the Subaward Agreement, the authorized official of Collaborator certifies, to the best of hislher knowledge and belief, that: Certification Regarding Lobbying (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Collaborator, 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 into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Collaborator shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the UNIVERSITY. (3) The Collaborator 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more that $100,000 for each such failure. Debarment, Suspension, and Other Responsibility Matters Collaborator certifies by signing this Subaward Agreement that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. OMB Circular A.133 Assurance Collaborator assures UNIVERSITY that it complies with A-133 and that it will notify UNIVERSITY of completion of required audits and of any adverse findings which impact this subaward.