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Home My WebLink AboutC19-031 USDA Forest Service White River National ForestDocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC S USDA, Forest Service OMB 0596-0217 FS -1500-11 FS Agreement No. 19 -CO -11021500-013 Cooperator Agreement No. COLLECTION AGREEMENT Between The EAGLE COUNTY And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST This COLLECTION AGREEMENT is hereby entered into by and between the Eagle County, hereinafter referred to as "the County or the Cooperator", and the USDA, Forest Service, White River National Forest, Eagle -Holy Cross Ranger District, hereinafter referred to as the "U.S. Forest Service," under the provisions of the Cooperative Funds Act of June 30tH, 1914 (16 U.S.C. 498 as amended by Pub. L. 104-127) and as amended. Title: Eagle County Front Country Ranger Program. Background: The U.S. Forest Service, as an agency of the United States of America, is responsible for management of National Forest System (NFS) lands and therefore, is responsible for the management, use, and stewardship of natural and cultural resources on national forests and grasslands. The Cooperative Funds Act of 1914 allows the U.S. Forest Service to collect contributions for forest investigation, protection, management and improvement work on the NFS lands that is the responsibility of the U.S. Forest Service. The purpose of this Collection Agreement is to assign responsibility for U.S. Forest Service costs associated with hiring seasonal employee(s) to provide natural resource management and forest protection of the National Forest System to include but not limited to campsite monitoring, visitor contacts, and fire prevention messaging on the Eagle -Holy Cross Ranger District of the White River National Forest. This Agreement is not a commitment to or approval of any activities that are subject to completion of environmental analysis, NEPA and other procedures; project work associated with this agreement are consist of normal protection and management of the National Forest System. I. PURPOSE: The purpose of this agreement, and incorporated Financial Plan (Exhibit A) and Plan of Work (Exhibit B), is to document the voluntary contribution of funds from the Cooperator to the U.S. Forest Service to implement the partnership activities on National Forest System lands in Eagle County, Colorado, managed by the U.S. Forest Service. This agreement is considered to be mutually beneficial to Eagle County and the U.S. Forest Service. As such, the U.S. Forest Service agrees to waive recovery of indirect costs. Funds provided to the U.S. Forest Service are available for the period of performance of this Agreement. Page 1 of 6 (Rev. 11-13) DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC S USDA, Forest Service OMB 0596-0217 FS -1500-11 II. EAGLE COUNTY SHALL: A. LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. B. Perform in accordance with the Financial Plan, see Exhibit A. C. Upon presentation of a Bill for Collection, advance the U.S. Forest Service the amount agreed to in the Financial Plan. D. Acknowledge and understand that: (a) the U.S. Forest Service will conduct its operations in an independent manner and (b) nothing in this agreement shall be construed in any manner as an obligation by the Government to guarantee a favorable decision to the Cooperator or to obligate the Government to any future action. E. Acknowledge and understand that emergencies, such as wildfire, may have an impact on the workload demands of the U.S. Forest Service, and thus the time frame for the U.S. Forest Service work covered by this agreement. III.THE U.S. FOREST SERVICE SHALL: A. ADVANCE BILLING. The maximum total cost liability to the Cooperator for this agreement is $120,000.00. The U.S. Forest Service shall bill the Cooperator prior to commencement of work for deposits sufficient to cover the estimated costs for the specific payment period. The U.S. Forest Service agrees to waive recovery of indirect costs. Billing Method: A single lump sum advance bill. Billing must be sent to: Eagle County Attn: Jeff Shroll PO Box 850 Eagle, CO 81631 Jeff. shrollgea leg county.us B. Perform in accordance with the attached Financial Plan. See Exhibit A. C. Perform agreed upon tasks in accordance with the attached Operating Plan. See Exhibit B. D. Utilize funds toward natural resource management performed by the U.S. Forest Service on Forest Service land in Eagle County. Page 2 of 6 (Rev. 11-13) DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC S USDA, Forest Service OMB 0596-0217 FS -1500-11 IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. The Cooperator's contributions are made voluntarily for services furnished by the U.S. Forest Service, without regard for any particular outcome, proposal, and/or application. B. The Cooperator's contributions are not solicited by the U.S. Forest Service. C. This Agreement may be modified in the future by mutual consent of both parties. See provision N of this section. D. Parties agree to discuss the progress of this effort via meetings, email and/or phone calls throughout the summer. E. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Jeff Shroll Jeff Shroll County Manager County Manager PO Box 850 PO Box 850 Eagle, CO 81631 Eagle, CO 81631 970-328-8600 970-328-8600 Jeff. shrollkeaglecounty.us Jeff. shrollkeaglecounty.us Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Program Contact Paula K Peterson Clark Woolley Recreation Staff Officer Grants & Agreements Specialist PO Box 190 900 Grand Avenue Minturn, CO 81645 Glenwood Springs, CO 81601 P: 970-827-5159 Telephone: 970-945- 3227 E -Mail: pkpeterson( s.fed.us Email: cmwoolleyAfs.fed.us F. U.S. FOREST SERVICE LIABILITY TO THE COOPERATOR. The United States shall not be liable to the Cooperator for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work by the U.S. Forest Service or its contractors under this agreement, including but not limited to damage to any property owned by the Cooperator or any third party. G. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent or obligated for the project(s) approved under this agreement, may be refunded to the Cooperator, authorized for use for a new agreement by the Cooperator, or waived by Page 3 of 6 (Rev. 11-13) DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC S USDA, Forest Service OMB 0596-0217 FS -1500-11 Cooperator. A DUNS number and registration in the System for Award Management (SAM) by Cooperator may be necessary to process a refund. Due to processing costs, any balance less than $25 shall not be refunded to Cooperator. H. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally -recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill). I. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. J. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities and does not by direct reference or implication convey the Cooperator's endorsement of the Forest Service products or activities. K. NOTICES. Any communication affecting the operations covered by this agreement by the U.S. Forest Service or the Cooperator will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To the Cooperator, at Cooperator's address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. L. TERMINATION FOR COLLECTION AGREEMENTS. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. The U.S. Forest Service shall not incur any new obligations for the terminated portion of this agreement after the effective date of termination and shall cancel as many obligations as possible. Full credit must be allowed for U.S. Forest Service expenses and all non- cancelable obligations properly incurred up to the effective date of termination. Excess funds must be refunded in accordance with the REFUND provision of the agreement. M. DEBARMENT AND SUSPENSION. The Cooperator shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government Page 4 of 6 (Rev. 11-13) DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC S USDA, Forest Service OMB 0596-0217 FS -1500-11 according to the terms of 2 CFR Part 180. Additionally, should the Cooperator or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. N. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. O. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications (Washington Office). A written request will be submitted by the Cooperator to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The U.S. Forest Service will notify the Cooperator when permission is granted. P. PROPERTY IMPROVEMENTS. Improvements placed by the Cooperator on National Forest System land at the direction or with the approval of the U.S. Forest Service become property of the United States. These improvements are subject to the same regulations and administration of the U.S. Forest Service as would other national forest improvements of a similar nature. No part of this agreement entitles the Cooperator to any interest in the improvements, other than the right to use them under applicable U.S. Forest Service regulations. Q. PURCHASE OF ASSETS. Any assets (such as equipment, property, or improvements) purchased by the U.S. Forest Service with the Cooperator's contributions shall become the property of the U.S. Forest Service. R. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature, and has an expiration date of 12/31/2019. The expiration date is the final date for completion of all work activities under this agreement. S. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties 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 date written below. Page 5 of 6 (Rev. 11-13) DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC S USDA, Forest Service OMB 0596-0217 FS -1500-11 Docu Signeed'Iby:: 1�wvrJ� 12/18/2018 P,-tTF€ ffANDLER-HENRY Date Board of County Commissioners, Chair Eagle County, Colorado by: 1/30/2019 SCW,Q,2F UWILLIAMS, Forest Supervisor Date U.S. Forest Service, White River National Forest The authority and format of this agreement have been reviewed and approved for ned by: ft. 1/30/2019 Date U.S. Forest Service, Grants & Agreements Specialist Attachments: Exhibit A&B — Plan of Work and Financial Plan Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596- 0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250- 9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 6 of 6 (Rev. 11-13) DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC U.S. Forest Service OMB 0596-0217 FS -1500-18 Forest Service Agreement #1 19 -CO -11021500-013 Cooperator Agreement # Collection Agreement Financial Plan (Exhibit A) Cooperator and FS Contributions COST ELEMENTS and related data Cooperator Contribution FS Non -Cash Contribution Line Item Cost Subtotals Subtotal Subtotal Combined Subtotals PERSONNEL Resource Specialists (List all personnel): # of Days $/Day GS -6 Crew Lead 120.00 $ 164.22 $19,706.00 $19,706.00 GS -5 Crew Member 120.00 $ 147.90 $17,748.00 $17,748.00 GS -5 Crew Member 120.00 $ 147.90 $17,748.00 $17,748.00 GS -5 Crew Member 120.00 $ 147.90 $17,748.00 $17,748.00 GS -5 Campground Crew Member 100.00 $ 147.90 $14,790.00 $14,790.00 GS -9 Program Oversight Subtotal, Perso' w 5.00 585.00 $ 293.00 $1,465.00 $89,205.00 $5,860.00 $0.00 $93,600.00 TRAVEL Explanation of trips: From Where/To Where/For Whom Vehicle Mileage Cost or Airfare Cost # of Trips PerDiem and Lodging FPO Training 0.00 4 $500.00 $2,000.00 $2,000.00 $0.00 $0.00 Subtotal, Travel: 1 $0.00 4 $500.00 $2,000.00 $0.001 $2,000.00 EQUIPMENT Name and Type of Equipment: Unit Cost Quantity FS holdover fleet $3,000 3 $9,000.00 $9,000.00 $0.00 $0.00 $0.00 $0.00 Subtotal, Equipment: $3,000.001 3 $9,000.001 $0.00 $9,000.00 SUPPLIES Name and Type of Supplies: Unit Cost Quantity Cleaning Supplies $750 1 $750.00 $750.00 Fence Supplies $1,000 1 $1,000.00 $1,000.00 Signs and hardware $2,532 1 $2,532.00 $2,532.00 Misc tools / gas / volunteer project support $4,118 1 $4,118.00 $4,118.00 Radios $1,000 4 $4,000.00 $4,000.00 $0.00 $0.00 $0.00 $0.00 Subtotal, Supplies: $9,400.00 8 $12,400.00 $0.00 $12,400.00 DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC U.S. Forest Service OMB 0596-0217 FS -1500-18 CONTRACTUAL Describe Contracts that will most likely result from this project: Support of District -wide BPA Toilet pumping $5,000.00 $5,000.00 $0.00 $0.00 Subtotal, Contractual: 1 $5,000.001 $0.001 $5,000.00 OTHER Describe Other Costs of the Project: FPO Training $2,000.00 $2,000.00 Lump Sum, Holiday work, Boots, etc. $5,000.00 $5,000.00 Subtotal, Other: $7,000.00 $0.00 $7,000.00 TOTAL DIRECT CHARGES $120,000.00 $0.00 $120,000.00 OVERHEAD ASSESSMENT (if applicable, see FSH 1909.13) Insert Rate Here: o.o°i° $0.00 Total Party Costs $120,000.00 $0.00 $120,000.00 COST ELEMENTS SUBJECT TO NATIONAL PASS-THROUGH RATES Cooperator Contribution TOTAL CHARGES $0.00 OVERHEAD ASSESSMENT (if applicable, see FSH 1909.13) Insert Rate Here: o.o°i° $0.00 Total Pass -Through Costs $0.00 TOTAL PROJECT COSTS $120,000.00 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC Exhibit B: Plan of Work The Eagle -Holy Cross Ranger District will employ 4 to 5 seasonal employees for the purpose of performing the following activities in areas on the Eagle -Holy Cross District adjacent to local communities known as "Front Country". The program will emphasize visitor contacts, dispersed campsite monitoring, high -use trailhead monitoring, developed site operation/maintenance and fire prevention messaging on the White River National Forest within Eagle County. This crew will be known as the Front Country Ranger Crew (FCRC). The funding for the project costs will be provided by Eagle County Government. U.S. FOREST SERVICE SHALL: 1. Hire, train, and supervise a 4 to 5 person FCRC for the period between April thru October 2019. 2. Provide daily supervision and oversight of FCRC. 3. Facilitate Forest Protection Officer (FPO) 40 -hour and Verbal Judo trainings for the seasonal employees as hiring limitations allow. 4. Support FPO work via FS Law Enforcement Officer mentoring. 5. Direct the crew to make visitor contacts which emphasize education about Forest Service and County regulations related to natural resource protection and fire prevention. 6. Direct the FCRC to use enforcement and engineering techniques as part of the "tool box" to gain regulation compliance. 7. Focus patrol efforts in undeveloped (dispersed) areas, especially in campsites along Forest Service System Roads providing education and enforcement about stay limits, appropriate overnight use of FS lands to aid in reducing illegal residential use. 8. Provide direction to perform fire prevention activities that will include signing, visitor contacts, and periodic checks of dispersed user created rock fire pits along forest system roads. 9. Support visitor contacts and management of specific high use trailheads. 10. Support the EHX Developed Recreation Program at specific campgrounds and other developed sites. 11. Provide direction to manage dispersed campsites including removal of litter, abandoned property, monitoring and removal of illegal residential campers, and maintaining and installing signage as needed. 12. Facilitate at least 2 seasonal employees to attend basic firefighter training to allow them to take immediate action on escaped campfires. 13. During periods of Stage 1 and Stage Il fire restrictions, provide additional employees to patrol as funding allows. 14. Provide the use of FS housing opportunities, if needed and if space is available at the cost of the employee via salary deductions. 15. Provide identification of and direction for specific natural resource and education projects to be entertained and completed as funding and time allow. 16. Support volunteer projects which meet the goals and objectives of the program. 17. Inspect completed work and provide a summary of the season's activities including number of contacts made, violations recorded, violation notices and warnings issued, DocuSign Envelope ID: 83B9310E-2DFB-48E0-88DE-617297EA29EC number of bags of litter removed, number of abandoned campfires and locations, and a list of abandoned property removed etc. 18. Provide 3 Forest Service vehicles in accordance with FSH 7109.19, ch. 60 (County funding). 19. Certify and license seasonal employees and issue Government vehicle licenses. 20. Provide a Job Hazard Analysis (JHA) for the expected activities along with the required/needed training to perform the work. 21. Ensure Personal Protective Equipment is provided for the crew (hardhat, gloves, eye protection, etc.) 22. Provide FS uniforms for the FCRC. 23. Be the ultimate decision maker with regard to all aspects of planning, management and implementation of work to be performed on NFS lands by the FCRC. EAGLE COUNTY SHALL: 1. Provide funding for the FCRC and the associated costs identified in the attached financial plan. 2. Facilitate Eagle County Sheriff coordination with the FCRC. 3. Allow the FCRC to dispose of litter and abandoned property at the Eagle County Landfill at no cost. BOTH PARTIES SHALL: 1. Expand or adjust duties as agreed upon as needed. 2. Meet on a consistent basis whether annually, quarterly or more often to address issues, priorities, and outcomes for the FCR Program.