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HomeMy WebLinkAboutC07-243 USDA, White River National Forest Eagle Holy Cross Ranger DistrictFS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 PARTICIPATING AGREEMENT between USDA FOREST SERVICE, WHITE RIVER NATIONAL FOREST EAGLE -HOLY CROSS RANGER DISTRICT and EAGLE COUNTY This PARTICIPATING AGREEMENT is hereby entered into by and between the USDA Forest Service, White River National Forest, Eagle -Holy Cross Ranger District, hereinafter referred to as the Forest Service and Eagle County here in after referred to as the Cooperator under the authority of the Cooperative Funds and Deposits Act of December 12, 1975, Pub. L. 94-148, 16 U.S.C. 565a1— a3 and the Wyden Amendment, Section 323(a) of the Department of Interior and Related Agencies Appropriations Act, 1999 as included in P.L. 105-277, Div. A., Section 101 (e) as amended by P.L. 107-63, Sec. 330. A. PURPOSE: To conduct mechanical treatments and prescribed burns to achieve restoration, protection, or enhancement of resources within the Lower Gore Creek watershed as set forth by the Vail Valley Forest Health Plan and the Eagle County Community Wildfire Protection Plan (CWPP) herby known as the Lower Gore Creek Fuels Project. This project is in compliance with the Forest Service Final Environmental Impact Statement (FEIS) dated 3/13/2006 and the Forest Service Record of Decision (ROD) dated 3/3/2006. The treatments will take place on approximately 29 acres of National Forest System (NFS) lands, up to 50 acres of private land, 2 acres of Town of Vail land and 13 acres of Upper Eagle Regional Water Authority. Both Town of Vail and Upper Eagle Regional Water Authority are a party to this project through Eagle County. Actions taken on all non -National Forest System lands benefit Forest Service goals and objectives. Other purposes include wildland fuels hazard reduction to help protect the unincorporated community of West Vail as the Mountain Pine Beetle epidemic continues to kill Lodgepole pine trees in the Gore Creek Valley. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Benefits of these mechanical treatments and slash pile burns will reduce the accumulated natural fuels that are building up on the White River National Forest, National Forest System lands and other lands that are located within Gore Creek watershed; thereby reducing the fire hazard to property owners in the West Vail area and to resources on the White River National Forest. Other benefits include: Page 1 of 8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 1. Long term enhancement of the aspen stands in the area that will act as crown fire free zones and provide forest diversity. 2. Utilization of heavy wildland fuels as forest products. 3. Allows Cooperator to continue to build working relationships with local land owners to further wildland fuels reduction projects on private land adjacent to National Forest System lands. 4. Make use of prescribed burning as a training opportunity to enhance fire fighters knowledge skills and ability of Forest Service and Eagle County employees. C. FOREST SERVICE SHALL: 1. General: a) Develop and manage Annual Operating Plan (AOP) and Financial Plan (FP) for the project. The AOP will detail both parties' responsibilities and project implementation in cooperation with the Cooperator. b) Provide funding as outlined in the yearly AOP and FP. Total funding not to exceed $250,000 contingent upon availability of Forest Service funds for the life of the agreement. c) Provide Timber Sale area layout and contract preparation services for National Forest System lands to be completed by October 31, 2007. d) Provide administration services for the Timber Sale contract on National Forest System land. e) Consult with Granby Colorado State Forest Service (CSFS) Office, Ron Cousineau, phone: (970) 887-3121 or authorized representative to determine level of participation as/if needed by CSFS. 2. Prescribed Burns: a) Conduct pre -burn inventories on both Forest Service and Cooperator lands including, volume of slash piles, size class and type of fuel to be burned, control line feasibility and location, etc. b) Prepare a prescribed fire burn plan and obtain required burn permit from the State of Colorado Department of Public Health and Environment Air Pollution Control Division for both Forest Service and Cooperator lands. c) Provide contractor or Forest Service personnel with equipment to complete the prescribed slash pile burns on both Forest Service and Cooperator lands. The duration of the patrol will be determined by the burn plan. d) Monitor that post burn fuel reduction objectives have been met, as outlined in the Vail Valley Forest Health Plan, Forest Service FEIS or the Eagle County CWPP, utilizing methods determined in the appropriate monitoring plan. 3. Mechanical Treatments: a) Provide personnel and equipment to complete the Timber Sale Contract layout, preparation and administration for all mechanical treatments on White River National Forest System lands. Page 2 of 8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 b) Monitor post treatment response to determine if wildlife habitat, fuel reduction objectives and aspen regeneration have been met, as outlined in the Vail Valley Forest Health Plan or the Eagle County CWPP, utilizing methods determined in appropriate monitoring plan. D. COOPERATOR SHALL: General: a) Participate in the development of an AOP and Financial Plan prior to the beginning of the field season. b) Provide public outreach and education on hazardous fuels reduction projects on private land within West Vail area. c) Any private land agreements needed in performance of this project will be obtained by Eagle County. d) Maintain during the life of this Agreement such liability insurance, as now or hereafter amended. 2. Prescribed Burns: a) Provide technical assistance (e.g. mapping, public affairs) in support of prescribed slash pile burns. b) Provide review for any Forest Service prescribed burn plan that includes private land. c) Provide a liaison to serve while burning on non -Forest Service land. d) Will provide, if available, Eagle County personnel to assist as qualified by National Wildlife Coordinating Group standards, with the implementation of the prescribed burn. f) Provide salary and necessary supplies and equipment for Eagle County personnel assigned to the prescribed slash pile burns. 3. Mechanical Treatments: a) Provide personnel and equipment to complete contract layout, preparation and administration for mechanical treatments on private lands in the West Vail area. b) Purchase merchantable timber in designated National Forest project areas under separate Timber Sale Contract under Forest Service administrative use contract authority. c) Provide professional logging contractor to cut by chainsaw and remove by helicopter all timber on National Forest System lands, Town of Vail and private land treatment units. The NFS lands portion of the Timber Sale will be administered by the zone Forest Service Representative (FSR), Town of Vail and private land treatment units. d) Provide safety information to local residence on helicopter logging operations prior to any implementation. Page 3 of 8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 e) Provide personnel and equipment to complete hand piling of remaining logging slash after completion of timber sale f) Monitor post treatment response to determine if fuel reduction objectives have been met, as outlined in the Eagle County CWPP. E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: LIABILITY. The cooperator(s), which shall include but not necessarily be limited to, its employees, agents, assigns, transferees, and/or successors in interest, covenants and agrees to indemnify, hold harmless, and defend the United States of America, its agencies and officers, for and/or against any and all claims, injuries, and/or damages relating to, or resulting from, the cooperator's activities under this Participating Agreement. 2. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS. Forest Service support shall be acknowledged in any publications and audiovisuals developed as a result of this instrument. 3. 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. 4. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this Agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding. 5. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax identification number upon execution of this instrument. Page 4of8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 6. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not available for reimbursement of recipient/cooperator purchase of equipment (and supplies). 7. 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). 8. 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 instrument. As used in this 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. 9. 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. 10. 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." Page 5 of 8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 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. " 11. PROPERTY IMPROVEMENTS. Improvements placed on National 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. 12. LEGAL AUTHORITY. The cooperator has the legal authority 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. 13. 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. 14. 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. 15. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. Neither party 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. 16. PRINCIPAL CONTACTS. The principal contacts for this instrument are shown on Exhibit A, the Annual Operating Plan. 17. AVAILABILITY OF FUNDS. The availability of funds for this project is shown on Exhibit A, the Annual Operating Plan. 18. DUNS NUMBER (5/04). The cooperator shall furnish their DUNS number upon execution of this instrument. You may obtain a DUNS number by contacting Dun and Page 6of8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08-402-4447-FTB 8/6/07 Bradstreet at 800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by telephone at no charge. 19. 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 CFR 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 20. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis -Bacon or Service Contract Act) are applicable to any contract developed and awarded under this instrument where all or part of the funding is provided with Federal funds. Davis -Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contract Act wage provisions apply to service contracts in excess of $2,500. The Forest Service will award contracts in all situations where their contribution exceeds 50 percent of the costs of the contract. If a cooperator is approved to issue a contract it shall be awarded on a competitive basis. 21. PAYMENT/REIMBURSEMENT. See payment/reimbursement information shown on Exhibit A, Annual Operating Plan. 22. 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. 23. FINANCIAL PLAN. The attached financial plan is hereby incorporated and becomes a part of this agreement. 24. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through August 1, 2010 at which time it will expire unless extended. Page 7 of 8 FS Agreement No Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07 -PA -11021507-042 84-6000762 08402-4447-FTB 8/6/07 25. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. EAGLE COUNTY BOARD OF COMMISSIONERS The authority and format of this instrument has been reviewed and approved for signature. /s/Elaine Langstaff 8/3/2007 Elaine Langstaff Date FS Agreements Coordinator USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST EAGLE -HOLY CROSS RANGER DISTRICT �' ��� 'C";' BRA5t A. LLOYD DATE DISTRICT RANGER Page 8 of 8 FS Agreement N- 07 -PA -11021507-042 Cooperator Tax >. 846000762 Cooperator Agre-...ent No. 8/6/07 2007/2008 ANNUAL OPERATING PLAN Scope of Work — Exhibit A I. GENERAL PROJECT DESCRIPTION: LOWER GORE CREEK FUELS PROJECT To conduct mechanical wildland fuels reduction, Aspen treatments and prescribed pile burns in West Vail area of un -incorporated Eagle County (Cooperator). Vail Valley Forest Health Plan Units: 202e, 202h, 202i, 202j, 200k, 2021, 202n, 202o, 202p, and ec (see Exhibit B below for map) would be completed. Treat private lots of homeowners that are willing to participate with Eagle County's fuels reduction efforts in portions of un -incorporated Eagle County in West Vail. The treatments will take place on approximately 29 acres of National Forest System (NFS) lands, 2 acres of Town of Vail land, 7 acres of private land. Actions taken on all non -National Forest lands benefit Forest Service goals and objectives. The main purpose is proactive long term wildland fuels hazard reduction to help protect the community of un -incorporated West Vail. II. PROJECT SPECIFICS A. FOREST SERVICE SHALL: 1. Provide labor, equipment, burn plan and to obtain burn permit to burn slash pile generated this field season for entire project. 2. Make available a Wildland Fuels Specialist and/or layout crew for at least 20 person days: Providing timber sale layout, volume estimate, contract preparation and administration within the Vail Valley Forest Health units outlined above. 3. Provide a Wildland Fuels Specialist and/or wildland fire personnel for prescribed pile burning operations for at least 20 person days. Most often the personnel made available will act as a burn boss. 4. Provide a Wildland Fuels Specialist and/or wildland fire personnel for 10 person days for prescribed burn plan preparation and to obtain smoke permits. B. COOPERATOR SHALL: 1. Provide funds to cover labor, equipment, and service contracts as outlined in the 2007/2008 Financial Plan. 2. Make available the Eagle County Wildland Fire Mitigation Specialist and or the Eagle County Engineer for at least 40 person days to complete the Lower Gore Creek Fuels project. 3. The Eagle County Wildfire Mitigation Specialist will conduct fuels assessments on private lands within the un -incorporated Eagle County lands of West Vail. 4. Provide the Wildland Fire Mitigation Specialist to conduct public outreach on helicopter logging safety. Page 1 of 4 FS Agreement N^ Cooperator Tax �. Cooperator Agre-...ent No. 07 -PA -11021507-042 846000762 8/6/07 5. Ensure that piles are covered with poly coated paper at least 4'x 6', and pile size does not exceed < 300 cubic feet. 6. Purchase merchantable timber from the Forest Service in units 202e, 202h, 202i, 202j, 200k, 2021, 202p (as described on project map) for the estimated amount of $270.50 under separate Timber Sale Contract, Forest Service Administrative Use Contract Authority. 7. Provide timber cutting, piling, covering, and removal services of units 202e, 202h, 2021, 202j, 200k, 2021, 202p on NFS lands administered by the East Zone Forest Service Representative (FSR). 8. If for any reason all of these areas are not completed, they will be added to next years Annual Operating Plan. C. PRINCIPAL CONTACTS: The principal contacts for this instrument are: Forest Service Project Contact Eric Rebitzke Wildland Fuels Specialist White River National Forest PO Box 720 Eagle, CO 81637 Phone: (970) 328-6388 FAX: (970) 328-6448 E -Mail: erebitzke(a_fs.fed.us Forest Service Administrative Contact Elaine Langstaff Grants and Agreements White River National Forest PO Box 948 Glenwood Springs, CO 81602 Phone: (970) 945-3224 FAX: (970) 945-3211 E -Mail: elans taff(cr_,fs.fed.us Cooperator Project Contact Eric Lovgren Wildfire Mitigation Specialist Eagle County Community Development 500 Broadway Eagle, CO 81631 Phone: 970-328-8742 FAX: 970-328-7185 E -Mail: Eric.Lovgren a eaQlecounty.us Cooperator Administrative Contact Bruce Baumgartner County Manager Eagle County 500 Broadway Eagle, CO Phone: (970) 328-8607 FAX: (970) 328-8629 E -Mail: Bruce. Baum ag_rtner6Deaglecounty.us D. AVAILABILITY OF FUNDS: Funds in the amount of $181,844.00 are currently available for performance of this instrument through April 30, 2008 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 4/30/2008, until funds are made available to the Forest Service for performance and until the recipient/cooperator receives notice of availability by written modification by the Forest Service. E. PAYMENT/REIMBURSEMENT: Reimburse the cooperator for the Forest Service's proportionate share, 40.70 percent of actual expenses incurred, not to exceed $214,304.00 Page 2 of 4 FS Agreement N- 07 -PA -11021507-042 Cooperator Tax 846000762 Cooperator Agre-...ent No. 8/6/07 reduced by program income, equaling $181,844.00 of available funds, 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 monthly billing(s). The Forest Service will make payment for its proportionate share of project costs upon receipt of an SF -270. Each SF -270 shall display the cooperator's actual expenditures to date of the SF -270 (not just the Forest Service share of actual expenditures), less program income and other Federal and nonfederal cash contributions and previous Forest Service payments. The SF -270 should be mailed or faxed to: Send original to: USDA Forest Service Albuquerque Service Center Payments -Grants & Agreements 101B Sun Ave. NE Albuquerque, NM 87109 Phone: (877) 372-7248 FAX: (877) 687-4894 Send copy to: Eric Rebitzke USDA Forest Service White River National Forest PO Box 720 Eagle, CO 81631 Phone: (970) 328-6388 E -Mail: erebitzke(cUs. fed. us F. FINANCIAL STATUS REPORT. A Financial Status Report, Form SF -269A, or SF -269 (when program income is involved), shall be submitted after completion of each unit. The final Form SF -269A or SF -269 shall be submitted either with your final payment request, or no later than 90 days from the expiration date of the instrument. G. TERM OF ANNUAL OPERATING PLAN: The project work will be completed during the period starting date of final signature and ending April 30, 2008. H. 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