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HomeMy WebLinkAboutC15-302 BLM Grant and Cooperative AgreementPage I of Grant and Cooperative Agreement CHOOSE ONE: X❑ COOPERATIVE AGREEMENT ❑ GRANT CHOOSE ONE; ❑ EDUCATION ❑ FACILITIES ❑ RESEARCH ❑ SDCR ❑ TRAINING 1. GRANTlCOOPERATtVE AGREEMENT NUMBER 2, SUPPLEMENT NUMBER L15AC00025 3. EFFECTIVE DATE 1 04/08/2015 4, COMPLETION DATE 04/08/2020 5. ISSUED TO NAME/ADDRESS OF RECIPIENT (No., Street, City/County, State. Zip) EAGLE, COUNTY OF Attn: ATTN GOVERNMENT POC 500 BROADWAY EAGLE CO 81631 -0000 6. ISSUED BY BLM CO -ST OFC ADM /LND REC LK(C0951) ManingAddress• 2 850 YOUNG71ELD STREET LAKEWOOD CO 80215 9. PRINCIPAL INVESTIGATOR/ORGANIZATION'S PROJECT OR PROGRAM MGR. (Name & Phone) Scott Griffin scott.griffin @eaglecounty.us 970- 328 -3553 TAXPAYER IDENTIFICATION NO. (TIN) 8. COMMERCIAL & GOVERNMENT ENTITY (CAGE) NO. 0. RESEARCH, PROJECT OR PROGRAM TITLE Eagle County Noxious Weed Control 1.PURPOSE o control, eradicate, and inventory noxious /invasive species across multiple property boun( 12. PERIOD OF PERFORMANCE (Approximately) 9/03/2015 through 04/08/2020 13A. AWARD HISTORY 138, FUNDING HISTORY PREVIOUS $0,00 PREVIOUS $0.00 THIS ACTION $6.000.00 THISACTION $6,000.00 CASH SHARE $0.00 TOTAL S6,000.00 NON -CASH SHARE $0.00 RECIPIENT SHARE $0,00 TOTAL $6,000.00 14, ACCOUNTING AND APPROPRIATION DATA 1 URCHASE REQUEST NO JOB ORDER NO. AMOUNT STATUS 020065293 15. POINTS OF CONTACT NAME MAIL STOP TELEPHONE E- MAILADDRESS TECHNICAL OFFICER Zachary Hughes 970- 724 -3012 zhughes @blm.gov NEGOTIATOR ADMINISTRATOR Ruth A Raisanen 303-239-1 rraisaneobim.gov PAYMENTS 16, THIS AWARD IS MADE UNDER THE AUTHORITY OF Federal Noxious Weed Act of 1974, 7 USC 2814, P.L. 93 -629, as amended by PL 101 -624 17. APPLICABLE STATEMENT(S), IF CHECKED; ❑ NO CHANGE IS MADE TO EXISTING PROVISIONS ❑ FDP TERMS AND CONDITIONS AND THE AGENCY - SPECIFIC REQUIREMENTS APPLY TO THIS GRANT 18. APPLICABLE ENCLOSURE(S), IF CHECKED: ❑ PROVISIONS ❑ SPECIAL CONDITIONS ❑ REQUIRED PUBLICATIONS AND REPORTS UNITED STATES OF AMERICA COOPERATIVE AGREEMENT RECIPIENT CONTRACTING /GRANT CE Ruth A Raisane D E g 5 U IZ 0 RE ENTATI - DATE iV U v U j` I l Paee 2 of 2 Grant and Cooperative Agreement ESTIMATED COST REM NO ITEM OR SERVICE (Include SpeCd[Calions and Special Instructions) QUANTITY UNIT LUT PRICE Axouvr (A) (0) (C) (D) (El 9F) CFDA Number: 15.230 DUNS Number: 084024447+0000 Delivery Location Code: 0004276263 LM -CO KREMMLING FIELD OFFICE 2103 E PARK AVE PO BOX 68 REMMLING CO 80459 US ccount Assignment: K G/L Account: 6100.411C0 Business Area: L000 Commitment Item: 411000 Cost Center: LLCON02000 Functional Area: L81000000.JD0000 Fund: 14XL5132AR Fund Center: LLCON02000 Project /WBS: LX.RI.CQ016527 PR Acct ssign Line: OI Period of Performance: 04/03/2015 to 04/08/2020 The Kremmling Fiend Office in cooperation with Eagle County noxious weed program will treat 300 acres of invasive species on BLM lan ds within Eagle County. Focus areas will include the armony Mountain Burn RX and Yarmony common allotment. In addition focus area s will also include BLM rangelands and riparian draws. For year 2015, $6,000 will be allocated from 8100 JD for equipment and chemi cal for Eagle to treat these areas. 00010 FA EAGLE COUNTY NOXIOUS WEED TREATMENT 6,000.00 Obligated Amount: $6,000.00 The total amount of award: $6,000.00. The obligation for this award is $6,000.00. Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 I. STATEMENT OF JOINT OBJECTIVES A. Purpose. This agreement is made and entered into by the Department of the Interior, Bureau of Land Management (BLM) and Eagle County, to continue to work in conjunction with an established weed management program within Eagle County, to effectively control noxious'undesirable weeds, where private and public lands are in mixed ownership patterns B. Objective. 1. The objective of this agreement is to control noxious weed infestations using integrated management techniques. Provide education to landowners and public lands users regarding the benefits of invasive species management. C. Authority. Federal Noxious Weed Act of 1974,7 USC 2814, PL 93 -629, as amended by PL 101 -624. Section 2814. Management of undesirable plants on Federal lands. (c) Cooperative agreements with State agencies, (1) In general, Federal agencies, as appropriate, shall enter into cooperative agreements with State agencies to coordinate the management of undesirable plant species on Federal lands. Public Benefit. The activity(ies) to be undertaken through this assistance provide the following public benefit(s): 1. By controlling noxious /undesirable weeds, both private and public interests will experience economic, environmental and aesthetic benefits; and 2. This cooperative effort will allow crop and pasture land to be more productive, improve wildlife habitat, and enhance the natural landscape for recreation and aesthetic purposes. II. PROJECT MANAGEMENT PLAN A. The recipient and the BLM, both agree to the original project/proposal regarding Noxious Weed Control dated March 25, 2015 B. Documents Incorporated by Reference. The following recipient documents are incorporated by reference: Standard Form (SF) 424, Application for Federal Assistance, SF- 424A, Budget Information — Non - Construction Programs, SF -42413, Assurances - Non - Construction Programs, Detailed Budget Breakdown. III. TERM OF AGREEMENT A. Term. This agreement shall become effective as of the date shown on the signed award cover page and may remain in effect for five (5) years. All program expenses incurred from DATE to the date of signature of the GMO are authorized for payment. The BLM will consider continued support of the project upon; (a) the recipient showing progress satisfactory to the Page 3 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 BLM toward program goals and the determination by the BLM that continuation of the program would be in the best interests of the Government, and/or (b) the availability of funds. B. Modifications. 1. Recipients must request prior approvals from BLM's GMO for one or more of the following program or budget - related reasons: 1). Report deviations from budget or project scope or objective, 2). Any change in the project scope, key personnel, period of perfonmance, budgeted costs, cost share or matching, administration or any other change to this agreement constitutes a modification of the agreement. 2. All requests for modification of the agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the BLM Program Officer 30 calendar days before the expiration of the agreement and /or project/budget period. Requests involving additional support or funding will require new SF -424 Applications for Federal Assistance, including new project proposals and budgets. Any determination to modify, extend the period of performance, or provide follow -on funding for continuation of a project is solely at the discretion of the BLM. 3. All modifications to the agreement shall be in writing and signed by the GMO. No oral statements, or any written statements made by any person other than the GMO, shall in any manner modify or otherwise affect the terms of the agreement. All modifications to the agreement may be signed unilaterally by the GMO, including actions to suspend or terminate the agreement in accordance with 2 CFR, Subpart D. Section 200.339, Termination, C. Budget Revisions. 1. The budget submitted as part of the SF -424 Application for Federal Assistance and approved during the award process is the financial expression of the project scope, objective or program. Recipients are required to report deviations from the approved budget and program plans and request prior approval for revisions in accordance with 2 CFR Subpart C 200.308, Revision of budget and program plans. 2. The BLM may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for awards in which the federal share of the project exceeds $100,000 and the cumulative amount of such transfers exceeds, or is expected to exceed, ten percent (10 %) of the total budget as last approved by the BLM. No revision or transfer of funds shall be used for purposes other than those consistent with the original intent of the award. D. Termination. This agreement may be terminated in accordance with the provisions of 2 CFR, Subpart D. Section 200.339, Termination. IV. FINANCIAL SUPPORT A. Funding. This agreement shall be funded each fiscal year (FY) based on the availability of BLM funding. Page 4 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 B. Fiscal Year Carryover. Funds obligated but not expended by the recipient in a FY may be carried forward and expended in subsequent years. C. Maximum Obligations. The total obligations, including modifications, represent the amount for which the BLM will be responsible under the terms of this agreement. The BLM shall not be responsible to pay for, nor shall the recipient be responsible to perform, any effort that will require the expenditure of Federal funds above the current obligated amount. D. Cost Sharing or Matching. Cost sharing for this agreement shall be in accordance with 2 CFR, Subpart D, Section 200.306, Cost sharing or matching. 1. There is no cost share or matching legislatively required for this award. E. Program Income. Program income generated for this agreement shall be in accordance with 2 CFR, Subpart D, Section 200.307, Program income. Unless otherwise stated, program income shall be added to the funds committed to this agreement and be used for the purposes, and under the conditions of, the grant agreement. F. Indirect Costs. 1. Indirect costs are approved for reimbursement under this agreement at the rate of 10% of the base modified total direct costs (MTDC). MTDC consists of all salaries and wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each subgrant or subcontract (regardless of the period covered by the subgrant or subcontract). Equipment, capital expenditures, charges for patient care, rental costs and the portion of subgrants or subcontracts in excess of $25,000 shall be excluded from MTDC. Participant support costs shall generally be excluded from MTDC. V. PAYMENTS A. Automated Standard Application for Payment (ASAP) System. 1. Payments will be made by the U.S. Department of the Treasury, Financial Management Service (FMS), ASAP system. The ASAP (https: / /www.asap.gov) system is an online recipient - initiated payment and information system for Financial Assistance Agreements. The recipient must register and request federal funds that are due directly from the Federal Reserve Bank on a reimbursable basis. 2. The ASAP Requestor ID, furnished by the Department of the Treasury, is used for account access and requesting reimbursement payments. The BLM will create an ASAP Account ID unique to this agreement. The first ten (10) characters will be the agreement number, and the remaining characters will identify BLM funding line items. Drawdown of funds must be taken from specific lines on the agreement. B. Advance Payments. Payments are made by the Department of the Treasury through the ASAP system within three (3) days after request. Advance payments should not be required. Page 5 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 C. Drawdowns. Treasury Circular 1075 (31 CFR 205) requires that drawdowns to a recipient organization shall be limited to the minimum amounts needed and shall be timed to be in accordance with the actual, immediate cash requirements of the recipient organization in carrying out the purposes of the approved program or project. The timing and amount of cash advances shall be as close as is administratively feasible to the actual disbursements by the recipient organization for direct program or project costs and the proportionate share of any allowable indirect costs. VI. PROPERTY MANAGEMENT A. Government- Furnished Property (GFP). Tools and equipment furnished by the BLM to the recipient shall be used for official purposes only and shall be subject to the terms of the agreement. Tools and equipment shall be returned in the same condition received except for normal wear and tear in project use. B. Property Management Provisions. Any BLM property used or other property acquired under this agreement, including intangible property such as copyrights and patents shall be governed by the property management provisions of 2 CFR, Subpart D, Sections 200.310 to 200.316, Property Standards. VII. LIABILITY, INSURANCE, AND INDEMNIFICATION A. Liability. The BLM assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act, 28 USC 2671. B. Indemnification. The recipient hereby agrees: 1. To indemnify the federal government, Bureau of Land Management (BLM), from any act or omission of the recipient, its officers, employees, or (members, participants, agents, representatives, agents as appropriate) (1) against third party claims for damages arising from one or more activities carried out in connection with this financial assistance agreement and (2) for damage or loss to government property resulting from such an activity, to the extent the laws of the State where the recipient is located permit. This obligation shall survive the termination of this agreement. 2. To pay the United States the full value for all damage to the lands or other property of the United States caused by the recipient, its officers, employees, or (members, participants, agents, representatives, agents as appropriate). 3. To provide workers' compensation protection to the recipient's officers, employees, and representatives. 4. To cooperate with the BLM in the investigation and defense of any claims that may be filed with the BLM arising out of the activities of the recipient, its agents, and employees. Page 6 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 5. In the event of damage to or destruction of the buildings and facilities assigned for the use of the recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed to require the BLM to replace or repair the buildings or facilities. If the BLM determines in writing, after consultation with the recipient that damage to the buildings or portions thereof renders such buildings unsuitable for continued use by the recipient, the BLM shall assume sole control over such buildings or portions thereof. If the buildings or facilities rendered unsuitable for use are essential for conducting operations authorized under this agreement, then failure to substitute and assign other facilities acceptable to the recipient will constitute termination of this agreement by the BLM. C. Flow -down. For the purposes of this clause, "recipient" includes such subrecipients, contractors, or subcontractors as, in the judgment of the recipient and subject to the Government's determination of sufficiency, have sufficient resources and /or maintain adequate and appropriate insurance to achieve the purposes of this clause. D. Identified Activities. All activities carried out in connection with this financial assistance agreement. VIII. REPORTING REQUIREMENTS A. Periodic Roortinu. Submission of periodic financial, performance /progress, and (if applicable) youth employment reports is required whether or not any work has been attempted or completed and /or whether or not any funds have been drawn down or expended. B. Federal Financial Reports. 1. Recipients of federal financial assistance are required to submit periodic financial reports which document the financial status of their awards. The Federal Financial Report form (FFR), also known as Standard Form (SF) 425, is the standard form used to report financial status. Award expenditures and /or income may be reported either on a cash or accrual basis, whichever method is normally used by the recipient. Financial reports are reviewed to identify questionable patterns of expenditures, such as accelerated or delayed drawdowns, and to assess whether performance or financial management problems exist. 2. In addition to the SF -425, the recipient must include detailed information on the costs for which the funds were used, listed by budget category as approved on their SF -424A Budget Information fonn. This additional information must be cumulative and may include a brief narrative describing the grant activities supported by the funds. 3. Recipients must sign the SF -425 in Box 13b certifying that the information being reported is complete, accurate, consistent with the recipient's accounting system, and that all expenditures and obligations are for the purposes set forth in the agreement. The SF -425 represents a claim to the Federal government. Filing a false claim may result in civil or criminal penalties. 4. Blank SF -425 forms and instructions are available on the Office of Management & Budget's (OMB) web site, address: httR: / /www.whitchouse.gov /omb /grants forms. Page 7 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 5. Standard Form (SF) 425 financial reports for this cooperative agreement shall be submitted: ANNUALLY. a. The first financial report covers from the date of award through: 2020 b. Annual financial reports are due 90 calendar days after the grant year, i.e. 12 months after the approved effective date of the agreement and every 12 months thereafter for the term of the agreement. c.Email Financial Reports to: rraisane @blm.gov. In addition, send courtesy copies (cc) to the BLM Program Officer(s) and Technical Advisor(s) as listed on the award cover pages. 6. Final SF -425 financial reports shall be submitted no later than 90 calendar days after the expiration, termination, and/or project completion of this agreement. C. Performance /Pro rgress Status Reports 1. The recipient shall submit an original and one copy of the quarterly, semi - annual, or annual performance report(s) to the GMO. The performance report must be prepared in accordance with 2 CFR, Subpart D, Section 200.328, Monitoring and reporting program performance. The performance report shall include a narrative summary both of completed activities and activities in progress, a calculation of percent of completed work based on work identified in the Recipient's submitted proposal, Project Management Plan, the reason for slippage if objectives or milestones are not met, a prediction of future activities and how they will be accomplished, and a discussion of issues and problems which may impact the ability to complete the work on time. Recommendations to overcome problems shall also be provided. In addition, the performance report should reflect the BLM Performance Measures as listed in Section Ili, Paragraph B. 2. Performance /progress reports for this cooperative agreement shall be submitted: ANNUALLY. a. The first performance /progress report covers from the date of award through: 2020 b. Annual performance /progress reports are due 90 calendar days after the grant year, i.e. 12 months after the approved effective date of the agreement and every 12 months thereafter for the term of the agreement. c. Email Performance/Progress Reports to address: rraisane@blm.gov. In addition, send courtesy copies (cc) to the BLM Program Officer(s) and Technical Advisor(s) as listed on the award cover pages. 3. Final performance /progress reports shall be submitted no later than 90 calendar days after the expiration, termination, and/or project completion of this agreement. Page 8 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 D. Non - compliance: Failure to comply with the reporting requirements contained in this agreement may be considered a material non - compliance with the terms and conditions of the award. Non - compliance may result in withholding of future payments, suspension or termination of the agreement, recovery of funds paid under the agreement, and withholding of future awards. E. Agency Review: If a recipient has a history of poor performance, financial instability, has a management system not meeting standards prescribed by the Uniform Administrative Requirements, has not conformed to the terms and conditions of the award, and/or is not otherwise responsible in safeguarding federal funds, they may be placed on Agency Review. Agency Review limits a recipient's access to funds by requiring that all drawdowns must be requested, reviewed, and approved prior to their being released. Recipients on agency review must submit a completed Standard Form (SF) 270 Request for Advance Payment or Reimbursement for each payment requested along with a detailed explanation of how the costs correspond to the approved budget categories as listed on their Application for Federal Assistance SF -424A Budget Information and their Detailed Budget Breakdown or Challenge Cost Share Program Commitment Document, whichever is applicable. This process does not relieve the recipient of their required SF-425 financial report or performance report submission requirements. IX. MONITORING A. General The recipient is responsible for oversight of the operations of the federal award supported activities to assure compliance with applicable Federal requirements and performance expectations. The BLM conducts pre -award and post- award, programmatic and financial monitoring. Depending upon the program, monitoring activities may include desk reviews (review of the award file including discussion(s) with the recipient regarding reporting, award activities, and project status), monitoring reviews (analysis of performance /progress and financial reports), and onsite or virtual site visits (discussion(s) of specific issues related to project implementation, observation of project activity, and review of planned versus actual progress). 1. Programmatic Monitoring. Program monitoring addresses the content and substance of the program. It is a qualitative review to determine performance, innovation, and contributions to the field. The BLM may make site visits as warranted by program needs. In addition, the BLM has the right of timely and unrestricted access to any books, documents, papers, or other records of the recipient's that are pertinent to the award, in order to make audits, examinations, excerpts, transcripts and copies of such document. This right also includes timely and reasonable access to recipient personnel for the purpose of interviews and discussions related to such documents. 2. Financial Monitoring. Financial monitoring ensures compliance with financial guidelines and general accounting practices. Onsite or internal financial reviews are conducted to determine if. (1) award recipients are properly accounting for the receipt and expenditures of federal funds; (2) expenditures are in compliance with federal requirements and award special conditions; and (3) proper documentation on financial monitoring activities is prepared, maintained, and distributed as appropriate. Page 9 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 B. Inspection. The BLM has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If BLM performs inspection or evaluation on the premises of the recipient or a sub - recipient, the recipient shall furnish and shall require sub - recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. C. Audit Requirements. 1. Non- Federal entities that expend $750,000 or more in federal funds during a year shall have a single or program - specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 -7507) and revised OMB Circular A- 133, which is available at 11ttp :1,,'www.whitellouse..iyov /ombl• ants /grants circulars.htm( . Federal awards are defined as federal financial assistance and federal cost - reimbursement contracts that non - federal entities receive directly from federal awarding agencies or indirectly from pass - through entities. They do not include procurement contracts under grants or contracts used to buy goods or services from vendors. Non - federal entities that expend less than $500,000 for a fiscal year in federal awards are exempt from federal audit requirements for that year, except as noted in A -133, §_215(a), but records must be available for review or audit by appropriate officials of the federal agency, pass - through entity, and General Accounting Office (GAO). 2. Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR, Subpart F, Section 200.501, Audits. 3. This and any other federal financial assistance award should be reported under its appropriate Catalog of Federal Domestic Assistance (CFDA) number. 4. For more information on the Single Audit process, go to the Federal Audit Clearinghouse Web Site at https: // harvester. census.gov /facweb /Default.aspx. X. KEY OFFICIALS The key officials on this agreement are listed on the award cover page(s) and are considered to be essential to ensure maximum coordination and communication between the parties and the work being performed. Upon written notice, either party may designate an alternate to act in the place of their designated key official. XI. STANDARD AWARD TERMS AND CONDITIONS Due to changes to Federal grant regulations on December 26, 2013, the Office of Management and Budget (OMB) issued final rules for implementation of the new Uniform Guidance for grants. The Uniform Guidance consolidates guidance previously contained in the OMB circulars governing grants administration (A -21, A -87, A -110, and A -122, A -89, A -102, and A -133: and the guidance in Circular A -50 on Single Audit Act follow -up). The new Uniform Guidance provides a streamlined format to improve clarity and consistency and may affect how you receive, manage, expend and report Federal grant funds. Currently, guidance is posted in Title 2 of the Code of Federal Regulations (CFR). Page 10 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 The U.S. Department of the Interior agencies, including the Bureau of Land Management implemented the new regulations on December 26, 2014 in the 2 CFR, Part 200 — UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS A. Administrative and National Policy Requirements: 1. Office of Management and Budget Circulars. By accepting Federal funding under the current Federal assistance, your organization agrees to abide by the applicable OMB Circulars in the expenditure of Federal funds and performance under this program. OMB circulars are available at the following web site: htt3rtt www .whitellouse.Lovl0mblcirculars/ B. Administrative Requirements: 1) 2 CFR Part 200 Subparts A through D - Uniform Administrative Requirements and Cost Principles. 2) 2 CFR Part 200 Subpart F - Audit Requirements. Non - Federal entities that expend S750,000.00, or more, in federal awards in a single year shall have a single or program - specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.G. 7501 -7507) and revised OMB Circular A -133, available at: http:lfwevw.wlliteliouse.�oviomb circulars default. 3) Indirect Facilities and Administration (F &A) Costs. (a) 2 CFR Part 200.414 - Indirect (F &A) Costs (b) 2 CFR, Appendix III to Part 200 - Indirect (F &A) Costs Identification and Assignment and Rate Detenmination for Institutions of Higher Education (IHEs) (c) Appendix IV to Part 200 - Indirect (F &A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations (d) Appendix V to Part 200 - Statc,'Local Government -wide Central Service Cost Allocation Plans (1) The provisions of 2 CFR 200.414(c) require Federal agencies to accept federally negotiated indirect cost rates. The BLM has applied the following policies, procedures and general decision - making criteria for deviations from negotiated Indirect Cost Rates for financial assistance programs and agreements. (2) Distribution Basis. For all deviations to the Federal negotiated indirect cost rate, including statutory, regulatory, programmatic, and voluntary, the basis of direct costs against which the indirect cost rate is applied must be: (i) The same base identified in the recipient's negotiated indirect cost rate agreement, if the recipient has a federally negotiated indirect cost rate agreement; or Page 11 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LISAC00025 (ii) The Modified Total Direct Cost (MTDC) base in cases where the recipient does not have a federally negotiated indirect cost rate agreement or, with prior approval of the Awarding Agency, when the recipient's federally negotiated indirect cost rate agreement base is only a subset of the MTDC (such as salaries and wages) and the use of the MTDC still results in an overall reduction in the total indirect cost recovered. MTDC is the base defined by 2 CFR 200.68, "Modified Total Direct Cost (MTDC)." (iii) In cases where the recipient does not have a federally negotiated indirect cost rate agreement, under no circumstances will the Department use a modified rate based upon Total Direct Cost or other base not identified in the federally negotiated indirect cost rate agreement or defined within 2 CFR 200.68. The purpose of this restriction is to ensure that the reduced rate is applied against a base that does not include any potentially distorting items (such as pass - through funds, subcontracts in excess of $25,000, and participant support costs) and is based on the requirements outlined in 2 CFR 200.68; 2 CFR 200.414(f); 2 CFR 200 Appendix III, Section C.2.; 2 CFR 200 Appendix IV, Section B.3.£; and Appendix VII, Section C.2.c. (3) Indirect Cost Rate Reductions Used as Cost - Share. Instances where the recipient elects to use a rate lower than the federally negotiated indirect cost rate, and uses the balance of the unrecovered indirect costs to meet a cost -share or matching requirement required by the program and/or statute, are not considered a deviation from 2 CFR 200.414(c) as the federally negotiated indirect cost rate is being applied under the agreement in order to meet the terms and conditions of the award. C. Program Legislation and/or Regulations. N/A D. Standard Award Terms and Conditions: a. Code of Federal Regulations/Regulatory Requirements, as applicable (contact your program officer with any questions regarding the applicability of the following): 1) 2 CFR Part 25, Universal Identifier and System of Award Management 2) 2 CFR Part 170, Reporting Subawards and Executive Compensation 3) 2 CFR Part 175, Award Term for Trafficking in Persons 4) 2 CFR Part 1400, Government -wide Debarment and Suspension (Non - procurement) 5) 2 CFR Part 1 4011 Requirements for Drug -Free Workplace (Financial Assistance) 6) 43 CFR 18, New Restrictions on Lobbving: Submission of an application also represents the applicant's certification of the statements in 43 CFR Part 18, Appendix A, Certification Regarding Lobbying. 7) 41 USC X4712, Pilot Program for Enhancement of Recipient and Sub- recipient Employee Whistleblower Protection: This requirement applies to all awards issued after July 1, 2013 and shall be in effect until January 1, 2017. 8) 41 USC `6306, Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to the United States Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may Page 12 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit. 9) Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving; Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. 10) Executive Order 13043 , Increase Seat Belt Use in the United States Recipients of grants /cooperative agreements and/or sub - awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company- owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. 11) Opposition to An�Le Legislation. In accordance with the Department of the Interior, Environment, and Related Agencies Act, 2006, Title IV, Section 402, no part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 12) Metric Conversion. All performance and final reports, other reports, or publications, produced under this agreement, shall employ the metric system of measurements to the maximum extent practicable. Both metric and inch -pound units (dual units) may be used if necessary during and transition period(s). However, the recipient may use non -metric measurements to the extent the recipient has supporting documentation that the use of metric measurements is impracticable or is likely to cause significant inefficiencies or loss of markets to the recipient, such as when foreign competitors are producing competing products in non -metric units. 13) Reimbursable Costs and Limitations._ The recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of the final report. The BLM's financial participation is limited. The BLM will only fund up to its share of those amounts requested in the project proposal and as are subsequently approved and funded in the agreement. The recipient shall not be obligated to continue performance under the agreement or to incur costs in excess of the costs set forth in the proposal and subsequent agreement. However, if the Recipient chooses to expend funds in excess of the approved project budget, the Recipient will be responsible to fund the excess without funding participation by the Bureau. 14) 2 CFR Part 200 Procurement Standards. 200 -317 Procurement by States. When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non - Federal funds. The state will comply with §200.322 Procurement of recovered materials and ensure that Page 13 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 every purchase order or other contract includes any clauses required by section §200.326 Contract provisions. All other non - Federal entities, including subrecipients of a state, will follow § §200.318 General procurement standards through 200.326 Contract provisions. §200.318 General procurement standards. §200.319 Competition. (a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements §200.320 Methods of procurement to be followed. The non - Federal entity must use one of the following methods of procurement. (a) Procurement by micro - purchases. (b) Procurement by small purchase procedures. (c) Procurement by sealed bids (formal advertising). 15) Compliance with Buy American Act. NOTICE: Pursuant to Section 307 of the Omnibus Consolidated Appropriations Act of 1997, Public Law 104 -208, 110 Stat. 3009, please be advised of the following: In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American -made equipment and products. 16) Endorsements. 1. Recipient shall not publicize or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a product, service, or position which the recipient represents. No release of information relating to this award may state or imply that the Government approves of the recipient's work products, or considers the recipient's work product to be superior to other products or services. 2. All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer: The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government. Page 14 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 3. Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval. 4. A recipient further agrees to include this provision in a subaward to and subrecipient, except for a subaward to a State government, a local government, or to a federally recognized Indian tribal government. 17) Retention and Access Requirements for Records. 1. All recipient financial and programmatic records, supporting documents, statistical records, and other grants - related records shall be maintained and available for access in accordance with 2 CFR, Subpart D, Sections 200.333 through 200.337, Record Retention and Access. 2. Inspector General's (IG's) Office Access to Records - Recipients shall provide additional access for the IG's office to examine recipient's records and to interview officers /employees of recipient. 18 Co ts. 1. For recipients subject to the administrative standards set forth in OMB Circular A -110, the following copyright provision, as implemented by 43 CFR 12.936(x), shall apply: a. The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(s) reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so." 2. For recipients subject to the administrative standards set forth in OMB Circular A- 102 and the Grants Management Common Rule, the following copyright provision, as implemented by 43 CFR 12.74, shall apply: a. The Federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (1) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support." 19) Rigl is to Data. Page 15 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. LI5AC00025 For recipients subject to the administrative standards set forth in OMB Circular A -110, the following provision, as implemented by 43 CFR 12.936(c), shall apply: a. The Federal Government has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. 20) Order of Precedence. Any inconsistency in this agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) 43 CFR Part 12; (c) requirements of the applicable OMB Circulars and Treasury regulations; (d) special terms and conditions; (e) all agreement sections, documents, exhibits, and attachments; and (f) the recipient's project proposal. XII. SPECIAL TERMS AND CONDITIONS XIII. DEFINITIONS & ACRONYMS A. Agency Review: If a recipient has a history of poor performance, financial instability, has a management system not meeting standards prescribed by the Uniform Administrative Requirements, has not conformed to the terms and conditions of the award, and/or is not otherwise responsible in safeguarding federal funds, they may be placed on Agency Review. Agency Review limits a recipient's access to funds by requiring that all payments must be requested, reviewed, and approved prior to their being released. B. Award Recipient: The Award Recipient is the recipient's individual who is authorized to act for the applicant and to assume the obligations imposed by the Federal laws, regulations, requirements, and conditions that apply to grant applications or grant awards. C. BLM: Bureau of Land Management may also be referred to as Bureau. D. CFR: The Code of Federal Regulations. E. DOI: The Department of the Interior. F. FFR: Federal Financial Report (FFR), Standard Form (SF) 425. G. Financial Assistance Agreement: This awarded grant or cooperative agreement. The tern grant is defined as all Federal financial assistance that provides support or stimulation to accomplish a public purpose. Use of the term "grant" includes grants and /or cooperative agreements awarded by the Federal Government to eligible recipients. year. H. FY: The Federal Fiscal Year which runs from October 1 through September 30 of each Page 16 of 17 Eagle County Vegetation Management Noxious Weed Control Agreement No. L15AC00025 I. GMO: Grants Management Officer, the only individual in the BLM who is authorized to obligate funds, award, modify, and/or terminate assistance agreements. J. GMS: Grants Management Specialist, the administrative individual authorized to prepare assistance agreement awards and modifications, but who cannot obligate funds, award, modify, and/or terminate the agreement. K. NTE or Not -to- Exceed Amount: The maximum Federal funding amount available for reimbursement to the recipient. L. OMB: The Office of Management and Budget. OMB leads development of government -wide policy to assure that grants are managed properly and that Federal dollars are spent in accordance with applicable laws and regulations. OMB Circulars that apply to this agreement may be found on the OMB website at: httu: / /www.whitehouse.gov /omb /circulars default/ M. PI or RPM: The recipient's Principal Investigator, also known as the recipient's project /program manager or technical leader, designated to direct the project or activity being supported by the grant. The RPM is responsible and accountable to the recipient and BLM for the proper implementation of the project or activity. N. PO: The BLM Program Officer appointed for the purposes of monitoring the technical aspects of the agreement. The PO will work closely with the P1/RPM and is authorized to clarify technical requirements, and review and approve work which is clearly within the objectives specified in this agreement. The PO will review financial, performance, and youth employment reports, and review and recommend approval of payments to the GMO if a recipient is on agency review. The PO is not authorized to modify this agreement or obligate the Government in any way. O. Recipient: The organization and /or individual named in Box 5. of the "Grant and Cooperative Agreement" cover sheet. P. TA: The BLM Technical Advisor assists the BLM Program Officer in administering and monitoring the technical aspects of the agreement. The Technical Advisor is not authorized to modify this agreement or obligate the Government in any way. END OF AGREEMENT Page 17 of 17