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HomeMy WebLinkAboutC08-232FS Agreement No. 07-PA-11021507-042 Cooperator Tax ID No. 846000762 Cooperator Agreement No. 7/21 /08 MODIFICATION No. 1 to PARTICIPATING AGREEMENT between USDA FOREST SERVICE, WHITE RIVER NATIONAL FOREST EAGLE-HOLY CROSS RANGER DISTRICT and EAGLE COUNTY 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 hereinafter referred to as the Cooperator, as specified under the provisions of Participating Agreement No. 07-PA-11021507-042 executed on August 14, 2007. The purpose of this Modification is to incorporate the 2008/2009 Annual Operating Plan and Financial Plan: 1. See attached Annual Operating Plan as Exhibit A 2. See attached Financial Plan as Exhibit B. 3. Forest Service funds obligated toward this project in 2007 were $181,844.00, Forest Service payments to Eagle County totaled $151,000.00 leaving a remining balance of $30,844.00 which will be brought forward for 08/09 project work. 4. Additional Forest Service funds to be obligated on this AOP total $11,000.00 bringing a total Forest Service obligation amount of $41,844.00 to complete 08/09 project work. Except as set forth above, all other terms and conditions of the agreement shall remain the same, unchanged, and in full force and effect. THE PARTIES HERETO have executed this instrument as of the last date shown below. EAGLE COUNTY USDA FOREST SERVICE BOARD OF COMMISSIONERS WHITE RIVER NATIONAL FOREST EAGLE-HOLY CROSS RANGER DISTRICT PETER F. RUNYON DATE BRIAN A. LLOYD DATE CHAIRMAN /~+o• ~-7 DISTRICT RANGER The authority and format of this instrument has been reviewed and approved for signature. ~~ r^ ~, Maine Langsta _.~.-~ ~~ D e Agreements Coordinator Page 1 of 1 FS Agreement No. 07-PA -11021507-042 Cooperator Tax ID No. 846000762 Cooperator Agreement No. 7/21 /08 2008/2009 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, 2021, 202j, 200k, 2021, 202n, 2020, 202p, ec, and Upper Eagle River Water Authority 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, and 13 acres of Water Board 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 and last field season for entire project. 2. 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. 3. 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 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. 5. Ensure that piles on National Forest System lands are covered with poly coated paper at least 4'x 6', and pile size does not exceed < 300 cubic feet. Page 1 of 3 FS Agreement No. 07-PA -11021507-042 Cooperator Tax ID No. 846000762 Cooperator Agreement No. 7/21 /08 6. Provide slash, piling, covering, and removal or burning services of units 202e, 202h, 202i, 202j, 200k, 2021, 202p on NFS lands administered by the East Zone Forest Service Representative (FSR). 7. 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 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.Lov~ren(cr~,eaglecounty.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: elangstaff(a,fs.fed.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 rtner(a~ea~lecount~us D. AVAILABILITY OF FUNDS: Additional Forest Service funds in the amount of $11,000.00 are currently available for performance of this instrument through May 30, 2009 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 5/30/2009, 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, 24.69 percent of actual expenses incurred, not to exceed $41,844.00 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 Page 2 of 3 FS Agreement No. Cooperator Tax ID No. Cooperator Agreement No. 07-PA -11021507-042 846000762 7/21 /08 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 101 B 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(cr~,fs.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 May 30, 2009. H. FINANCIAL PLAN: Attached is a Financial Plan identified as Exhibit C for Agreement No. 07-PA-11021507-042 and this Annual Operating Plan 08/09 for all project work shown above. Carryover FS funding from 2007 - WFHF1507 = $30,844.00 2008 FS funding job code - WFHF1508 = $11,000.00 Page 3 of 3 USDA Forest Service USFS Agreement No. 07-PA-11021507.042 Cooperator Agreement No. 1. Financial Plan Matrix: 2008/2009 -Financial Plan Worksheet -Exhibit B FOREST SERVICE COOPERATOR (a) (b) (c) (d) (e) (f) (g) (h) (i) Q) (k) (I) Value of Reimb Value of THIRD PARTY CONTRIBUTIONS coST ELEMENTS Non-Cash In-Kind Coop. Non-Cash In-Kind Cash Cash Non-Cash Value of In-Kind Direct Costs Conidb. Contdb Expenses Contnb Contrib. Conidb. Non-fed Federal Non-Fed Federal Non-Fed Federal Total SalanesiLabor $14,704.00 $11,424.D0 $26,128.00 Tmvel $0.00 Equipment Use $2,100 00 $1,200 00 $3,300 00 Service Contract $115,000.00 $115,000.00 Materials $675 00 $615.00 Pooling $D.DD Other $41,844 00 $41,844.00 Subtotal $17,479.OD $000 $41,844.00 $127,624.00 $000 $0.00 $0.00 $0.00 $000 $000 $0.00 $000 $186,94700 Indirect Costs $D DD Total $17,479 00 $0 00 $41,844.00 $127,624.00 $D 00 $0 00 $0 00 $0.00 $0 00 $0 00 $0 00 $0 00 $186,947.00 (n) Estimated Program Income (subtract from total of column (m): $0.00 (o)NetTotalProjectValue: $186,94700 2. Cost Analysis: Use the following section to show additional information that supports the lump sum figures provided above. SalarvJLabor =hrs or days x rate; Travel = miles x rate or months x FOR rate, days x per diem rate; Equipment Use =hrs or days x rate; Supplies &Materials--list of items and estimated cost; Printino = estimated cost per item; Indirect Cost =Direct cost x current indirect rate. (a~ 50 days salary for USFS Fuels Specialist @$282.78 per day; 5,000 miles for vehicle #4599 @ $0.42 per mile = $2,100.00;150 gal. of fuel for pile burning @ $4.50/gal. _ $675.00. (b) (c~ Remaining Forest Service 07 funding = $30,844.00, with additional 08 funding = $11,000 totals $41,844.00. (d) 40 days salary @ $285.601day for Eagle County Wildfire Mitigation Specialist and County Engineer= $11,424.00; 40 day, approximately 2,800 miles @ $0.421mi1e for Eagle county vehicle. $70,000 for removal of remaining logs in the Gore Creek project units; $45,000 for log loading and hauling. FS-6500-NEW • Page 1 USDA Forest Service (e) (fl (9) (h) (~) ~) (k) (I) Matching Costs Determination Total Forest Service Share = (a+b+c)1(o) _ (p) Third Party Cash Contribution Federal = (h + o) _ (q) Total Federal Cash Share = (P+a1= (r) Total Cooperator Share Total (r+s) _ (i) Reimbursement Calculation (p) Foresi Service Reimbursement pe (u) 31.73% (c)/[(c+d+f+g+i) - (n)j = (u) 24.69% (q) Cooperator expenses NOT reimbursed by (V~ 0.00% (d+f+g+i-n)1(c+d+f+g+i-n) _ (v) 75.31% (r) Reimbursable Amount =Total actual cost incurred io date 31.73% (sum of cost elements from the Cooperator's invoice as prescribed in provisions and multiplied by (s) 24.69% (u) minus any previous Foresi Service payments, 68.27% not to exceed the subtotal amount listed in column (c) minus estimated program income. (t) 100.D0% 3. Instructions: Use this form in conjunction with ID 1509.11.2007.1. Use Cost Elements that apply to the particular project. the Cosf Elements listed are examples of those commonly used. Delete those that donY apply. Value assessed for volunteer labor should be commensurate with local labor rates for similar work. Donated materials, equipment and supplies should be valued at rates and prices available in the current local market. (a) Forest Service Non-Cash Contribution: Forest Service employee salaries, travel, equipment, supplies, etc ,provided toward completion of the project. Total Forest Service ' Page 2 FS-6500-NEW .~Y•..b United States Forest White River Supervisor's Office ~ Department of Service National 900 Grand Avenue Agriculture Forest PO Boa 94E Glenwood Spgs CO 81602 (970)945-2521 TTY (970) 945-3255 FAX (970) 945-3266 File Code: 1580 Date: September 2, 2008 Eric Lovgren Eagle County Community Development 500 Broadway Eagle, CO 81631 GRANTS & AGREEMENTS TRANSMITTAL LETTER ^ Grant or ®Agreement No: Participating Agreement No. 07-PA-11021507-042, Modification No. l . ^ Enclosed is/are original(s) and copy(ies) of the referenced document which has been signed on behalf of the USDA Forest Service. ^ Please return a fully executed copy for our files. ® We have retained a fully executed copy for our files. ^ Please note and initial change(s), then return a fully executed copy for our files. ^ Please have all the copies signed by an authorized individual and return all copies to the above address. A fully executed copy will be returned for your files. ® We are submitting a fully executed copy for your files. Please direct any inquires regarding the above referenced document to me at (970) 945-3224. Sincerely, c` `~J Elaine Langstaff Grants and Agreements Coordinator enclosure u ~i-s ~,~ Caring for the Land and Serving People Pnnted on Recycled Paper