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HomeMy WebLinkAboutC22-253 USFS_Good Neighbor AgreementUSDA, Forest Service OMB 0596-0239 FS-1500-36 FS Agreement No. 22-GN-11021500-037 Cooperator Agreement No. GOOD NEIGHBOR AGREEMENT Between EAGLE, COUNTY OF And the USDA FOREST SERVICE, WHITE RIVER NATIONAL FOREST This Good Neighbor Agreement is hereby made and entered into by and between the Eagle, County of, hereinafter referred to as “the County or Cooperator” and the USDA Forest Service, White River National Forest, hereinafter referred to as the “Forest Service,” under the authority of the Agricultural Act of 2014, Pub. L. 113-79, section 8206 as amended, 16 USC 2113a, (Good Neighbor Authority) and the The Wyden Amendment, 16 U.S.C 1011a and as amended. The CFDA for this agreement is 10.691, Good Neighbor. Title: Forest, Rangeland, and Watershed Restoration Partnership I. PURPOSE: The purpose of this Good Neighbor Agreement is to provide the framework and to document the cooperative effort between the parties for authorized forest, rangeland, and watershed restoration services in accordance with the following provisions and the hereby incorporated and attached appendices for each agreed upon project: Appendix A - Statement of Work Appendix B - Financial Plan Appendix C - Project Area Map This agreement covers the project area defined as all lands within the White River National Forest and within the geographic boundaries of Eagle County, Colorado. II.GOOD NEIGHBOR AUTHORITY OBJECTIVES: The Forest Service is a land management agency dedicated to the stewardship and management of National Forest System (NFS) lands, including the responsibility for maintaining and improving resource conditions. This Good Neighbor Agreement provides an opportunity for the parties to carry out “authorized forest, rangeland, and watershed restoration services”. All Forest Service functional areas may utilize this Agreement with the condition that the activities must be an authorized forest, rangeland, and watershed restoration service. The Forest Service Program Manager and Budget Official must ensure that funding used is appropriate for the work performed. Authorized forest, rangeland, and watershed restoration services include activities to treat insect DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 2 of 20 and disease infected trees; activities to reduce hazardous fuels; and any other activities to restore or improve forest, rangeland, and watershed health, including fish, and wildlife habitat. The reconstruction, repair, or restoration of an NFS system road that is necessary to carry out authorized restoration services is authorized. Any such roads reconstructed, repaired or restored that were previously identified as not needed according to 36 CFR 212.5(b)(2) must be decommissioned according to the travel management plan no later than 3 years after completion of the applicable authorized restoration project. The Good Neighbor Authority excludes construction of paved or permanent roads or parking areas, and construction, alteration, repair, or replacement of public buildings or works. Projects are not authorized in wilderness areas, wilderness study areas, and lands where removal of vegetation is prohibited or restricted by an Act of Congress or Presidential proclamation. The Forest Service will retain National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (NEPA) responsibilities on NFS lands. Any decision required to be made under NEPA with respect to any authorized restoration services to be provided under this Good Neighbor Authority shall not be delegated. All projects proposed for completion under this Agreement will undergo a collaborative process. The collaborative process will ensure that both parties understand the goals and objectives of the agreed upon restoration services and all necessary rules, regulations, and policies as outlined in this Agreement. III. THE FOREST SERVICE SHALL: A. Perform in accordance with the attached Scope of Work and Financial Plan, Appendix A and B. B. Complete all necessary NEPA requirements. Any decision required to be made under NEPA with respect to any authorized restoration services to be provided under this agreement on NFS lands shall not be delegated to the Cooperator. C. Ensure appropriate boundary line determination and designation is completed prior to implementation of project activities. D. Inform the Cooperator of any changes in Good Neighbor Agreement policy, law and regulations. E. Recognize the Cooperator's contribution, in a manner acceptable to both parties, in news releases, interpretive signs, photographs, or other media as appropriate. F. STATEMENT OF MUTUAL INVOLVEMENT. To perform the Agency’s stewardship and land management responsibilities, and meet the requirements in the Good Neighbor Authority, the Forest Service must be involved in the development and implementation of any work performed on NFS lands. The Forest Service’s specific responsibilities are described in detail in the attached and hereby incorporated Statement of Work. DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 3 of 20 IV. THE COUNTY SHALL: A. Perform in accordance with the attached Scope of Work and Financial Plan, Appendix A and B. B. LEGAL AUTHORITY. The County shall have the legal authority to enter into this award, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non- Federal share of project costs, when applicable. C. OMB CIRCULARS AND OTHER REGULATIONS. This Agreement is subject to the OMB Governmentwide Guidance for Grants & Agreements found in subparts A through E of 2 CFR Part 200 as adopted and supplemented by the USDA in 2 CFR Part 400. Specific regulations include Uniform Administrative Requirements and Cost Principles. Electronic copies of the CFRs can be obtained at the following internet site: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. If you are unable to retrieve these regulations electronically, please contact your Grants and Agreements Office at 970-945-3227. Effective October 1, 2010, Cooperators are required to report information on subawards and executive total compensation, as required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of Public Law 110-252, hereinafter referred to as “the Transparency Act.” For more information, see 2 CFR Part 170. D. CONTRACT REQUIREMENTS When procuring property and services under this Agreement, the Cooperator must follow the Procurement Standards in 2 CFR 200.318 – 200.326. E. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANT LIABILITY. The Cooperator agree(s) that any of their employees, volunteers, sub-Cooperators, contractors, and participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as the Cooperator hereby willingly agrees to assume these responsibilities to the extent allowed by law. Further, the Cooperator shall provide any necessary training to their employees, volunteers, sub-Cooperators, contractors, and participants to ensure that such personnel are capable of performing tasks to be completed. The Cooperator shall also supervise and direct the work of its employees, volunteers, and participants performing under this Agreement. F. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION REQUIREMENT. The Cooperator shall maintain current information in SAM until receipt of final payment. This requires review and update to the information at least annually after the initial DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 4 of 20 registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, SAM means the Federal repository into which an entity must provide information required to conduct of business as a Cooperator. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. G. SUBAWARDS. The Cooperator shall notify Subrecipients under this award that they are subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2 CFR 200.330 through .332. H. ELECTION OF DE MINIMIS INDIRECT RATE. The CountyThe Cooperator has elected to use the de minimis indirect cost rate of 10% of modified total direct costs (MTDC) as allowed under 2 CFR 200.414 (f). This rate must be used consistently for all Federal awards until such time as the Cooperator chooses to negotiate for a rate, which they may apply to do at any time. If a new rate is negotiated and utilized the de minimis rate can no longer be utilized. I. PROGRAMMATIC CHANGES. The Cooperator shall obtain prior approval for any change to the scope or objectives of the approved project or transfer of substantive programmatic work to another party. J. NOTIFICATION. The Cooperator shall immediately notify the Forest Service of developments that have a significant impact on the activities supported under this agreement. Also, notification must be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the award. This notification must include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. K. FINANCIAL STATUS REPORTING. A Federal Financial Report, form SF-425(and Federal Financial Report Attachment, SF-425A, if required for reporting multiple awards), must be submitted Annually. These reports are due 30 days after the reporting period ending December 31. The final SF-425 (and SF-425A, if applicable) must be submitted either with the final payment request or no later than 90 days from the expiration date of the Good Neighbor Agreement. L. TRAFFICKING IN PERSONS. 1. Provisions applicable to a Cooperator that is a private entity. a. You as the Cooperator, your employees, subrecipientrs under this agreement, and subrecipientrs’ employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the agreement is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the performance of the award or subawards under the award. b. We as the Federal awarding agency may unilaterally terminate this award, without DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 5 of 20 penalty, if you or a Subrecipientr that is a private entity: (1) Is determined to have violated a prohibition in paragraph 1.a of this provision; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either: i. Associated with performance under this award; or ii. Imputed to you or the subrecipientr using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)”. 2. Provision applicable to a Cooperator other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either— (1) Associated with performance under this award; or (2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)”. 3. Provisions applicable to any Cooperator. a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph 1.a of this award term. b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: (1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) Is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of paragraph 1.a of this award term in any subaward you make to a private entity. 4. Definitions. For purposes of this award term: a. ‘‘Employee’’ means either: (1) An individual employed by you or a subrecipientr who is engaged in the performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 6 of 20 recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. ‘‘Private entity’’: (1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes: i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). ii. A for-profit organization. d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102) M. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. 1. The Cooperator may not require its employees, contractors, or subrecipientrs seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2. The Cooperator must notify its employees, contractors, or subrecipientrs that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect. 3. The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. 4. If the Government determines that the Cooperator is not in compliance with this award provision, it; a. Will prohibit the Cooperators use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and b. May pursue other remedies available for the Cooperator’s material failure to comply with award terms and conditions. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. JOINT STATEMENT OF WORK (SOW). Both parties will collaborate in the development of an SOW, which is incorporated and made a part of this agreement as Appendix A. At a minimum, the SOW must clearly provide a plan of operations and quality control for project work, identify activities to be performed, and the responsible party. The funding for those activities will correspond to and be reflected in the financial plan. A timeline for the work activities should be included to serve as a monitoring tool for both parties, and to help ensure completion of the work within the period of performance of the DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 7 of 20 SOW. The work described in the SOW must reflect the activities approved in the applicable National Environmental Policy Act (NEPA) document and any mitigation activities identified therein. B.AVAILABILITY FOR CONSULTATION. Both parties will make themselves available at mutually agreeable times, for continuing consultation to discuss the conditions covered by this agreement and agree to actions essential to fulfill its purposes. C.There is no statutory match required for this authority; however the Cooperator is encouraged to provide available resources to projects of mutual benefit. All funding and contributions will be captured on the Financial Plan, Appendix B. D.PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this Agreement. Principal Cooperator Contacts: Cooperator Project Coordinator Cooperator Administrative Contact Kallie Rand Vegetation Manager Eagle County Vegetation Management 3289 Cooley Mesa Gypsum, CO 81637 PO Box 179 Eagle, CO 81631 Email: kallie.rand@eaglecounty.us FAX: 970-328-8788 Nicole Trujillo Administrative Manager Eagle County Road & Bridge 3289 Cooley Mesa Gypsum, CO 81637 PO Box 179 Eagle, CO 81631 Email: nicole.trujillo@eaglecounty.us FAX: 970-328-8788 Principal Forest Service Contacts: Forest Service Project Coordinator Forest Service Administrative Contact Liz Roberts, Ecologist 900 Grand Ave Glenwood Springs, CO 81601 Phone: 970 945-3257 FAX: 970 945-3266 Email: elizabeth.roberts@usda.gov Alex Specht Grants Management Specialist 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: (970) 945-3227 Email: alex.specht@usda.gov Forest Service Program Contact Forest Service Program Contact Clark M. Woolley Partnership Coordinator 900 Grand Avenue Glenwood Springs, CO 81601 Phone: 970-948-9803 Email: clark.woolley@usda.gov Steve Elzinga Range Tech 125 W. 5th St. Eagle, CO 81631 970-328-5896 Email: stephen.elzinga@usda.gov DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 8 of 20 E.ADVANCE AND REIMBURSABLE PAYMENTS. Advance and reimbursable payments are approved under this Good Neighbor Agreement. The total Forest Service funding for this agreement is $16,000.00 as shown in the attached Financial Plan. Only costs for those project activities approved in (1) the initial agreement, or (2) modifications thereto, are allowable. Requests for payment must be submitted on Standard Form 270 (SF-270), Request for Advance or Reimbursement, and must be submitted no more than monthly. In order to approve a Request for Advance Payment or Reimbursement, the Forest Service shall review such requests to ensure advances or payments for reimbursement are in compliance and otherwise consistent with OMB, USDA, and Forest Service regulations. Advance payments must not exceed the minimum amount needed or no more than is needed for a 30-day period, whichever is less. If the Cooperator receives an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this agreement must be returned to the Forest Service. The Program Manager reserves the right to request additional information prior to approving a payment: The invoice must be sent by one of three methods (email is preferred): EMAIL: SM.FS.asc_ga@usda.gov FAX: 877-687-4894 POSTAL: USDA Forest Service Albuquerque Service Center Payments – Grants & Agreements 101B Sun Ave NE Albuquerque, NM 87109 Send a copy to: elizabeth.roberts@usda.gov and clark.woolley@usda.gov F.FUNDING EQUIPMENT. Federal funding under this agreement is not available for reimbursement of the Cooperator’s purchase of equipment. Equipment is defined as having a fair market value of $5,000 or more per unit and a useful life of over 1 year. G.PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall monitor the performance of the Good Neighbor Agreement activities to ensure that performance goals are being achieved. Performance reports shall contain information on the following: -A comparison of actual accomplishments to the goals established for the period, -Reason(s) for delay if established goals were not met, DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 9 of 20 -Additional pertinent information. The Cooperator shall submit Annual performance reports. These reports are due 90 days after the reporting period. The final performance report shall be submitted either with the final payment request, or separately, but not later than 90 days from the expiration date of the Good Neighbor Agreement. H.COORDINATION OF LAW ENFORCEMENT. Either party to this agreement shall provide to the other party, any and all reports of violations of law cited within the project area or otherwise associated with the activities of the agreement. I.NOTICES. Any notice given by the 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 Forest Service Program Manager, at the address specified in the award. To the Cooperator,at the address shown in the award or such other address designated within the award. Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. J.PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. K.ELIGIBLE WORKERS. The Cooperator shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award. L.MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this Agreement, or benefits that may arise therefrom, either directly or indirectly. M.DRUG-FREE WORKPLACE. 1.The Cooperator agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions the Cooperator will take against employees for violating that prohibition; and DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 10 of 20 c. Let each employee know that, as a condition of employment under any award, the employee: (1) Shall abide by the terms of the statement, and (2) Shall notify the Cooperator in writing if they are convicted for a violation of a criminal drug statute occurring in the workplace, and shall do so no more than 5 calendar days after the conviction. 2.The Cooperator agree(s) that it will establish an ongoing drug-free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. The established policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace. 3. Without the Program Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this award, whichever occurs first. 4.The Cooperator agrees to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The notification must be sent to the Program Manager within 10 calendar days after the Cooperator learns of the conviction. 5. Within 30 calendar days of learning about an employee’s conviction, the Cooperator must either a.Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. N.NONDISCRIMINATION. 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 a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, and so forth.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 11 of 20 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. O.FREEDOM OF INFORMATION ACT (FOIA). Public access to award or 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 (2008 Farm Bill). P.TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. Q.PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as possible of its programs and activities. The Cooperator is encouraged to give public notice of the receipt of this award and, from time to time, to announce progress and accomplishments. The Cooperator may call on Forest Service's Office of Communication for advice regarding public notices. The Cooperator is requested to provide copies of notices or announcements to the Forest Service Program Manager and to Forest Service's Office Communications as far in advance of release as possible. R.GOVERNMENT-FURNISHED PROPERTY . The Cooperator may use Forest Service property furnished under this Agreement only for performing tasks assigned in this Agreement. The Cooperator shall not modify, cannibalize, or make alterations to Forest Service property. A separate document, Form AD-107, must be completed to document the loan of Forest Service property. The Forest Service shall retain title to all Forest Service- furnished property. Title to Forest Service property must not be affected by its incorporation into or attachment to any property not owned by the Forest Service, nor must the property become a fixture or lose its identity as personal property by being attached to any real property. Partner Liability for Government Property. 1.Unless otherwise provided for in the Agreement, the Cooperator shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this agreement, except to the extent of State law when any one of the following applies— DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 12 of 20 a.The risk is covered by insurance or the Cooperator is otherwise reimbursed (to the extent of such insurance or reimbursement). b.The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of the Cooperator’s managerial personnel. The Cooperator’s managerial personnel, in this clause, means the Cooperator’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the Cooperator’s business; all or substantially all of the Cooperator’s operation at any one plant or separate location; or a separate and complete major industrial operation. 2.The Cooperator shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Cooperator shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. 3.The Cooperator shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. 4.Upon the request of the G&A Specialist, the Cooperator shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of Agreements of assignment in favor of the Government in obtaining recovery. S.TERMINATION BY MUTUAL AGREEMENT. This Agreement may be terminated, in whole or part, as follows: -When the Forest Service and the Cooperator agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. -By 30 days written notification by either party, setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the Forest Service decides that the remaining portion of the Agreement must not accomplish the purpose for which the Agreement was made, the Forest Service may terminate the agreement upon 30 days written notice in its entirety. Upon termination of an Agreement, the Cooperator shall not incur any new obligations for the terminated portion of the Agreement after the effective date, and shall cancel as many outstanding obligations as possible. The Forest Service shall allow full credit to the Cooperator for the Forest Service share of obligations that cannot be canceled and were properly incurred by the Cooperator up to the effective date of the termination. Excess funds shall be refunded within 60 days after the effective date of termination. T.DISPUTES. 1.Any dispute under this agreement must be decided by the Forest Service Signatory DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 13 of 20 Official. The Signatory Official shall furnish the Cooperator a written copy of the decision. 2.Decisions of the Forest Service Signatory Official shall be final unless, within 30 days of receipt of the decision of the Signatory Official, the Cooperator appeals the decision to Forest Service's Director, Acquisition Management (AQM). Any appeal made under this provision shall be in writing and addressed to the Director, AQM, USDA, Forest Service, Washington, DC 20024. A copy of the appeal shall be concurrently furnished to the Cooperator. 3.In order to facilitate review on the record by the Director, AQM, the Cooperator shall be given an opportunity to submit written evidence in support of its appeal. No hearing will be provided. 4.A decision under this provision by the Director, AQM is final. 5.The final decision by the Director, AQM does not preclude the Cooperator from pursuing remedies available under the law. U.DEBARMENT AND SUSPENSION. The Cooperator shall immediately inform the Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government 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 Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. The Cooperator shall adhere to 2 CFR Part 180 Subpart C in regards to review of sub-Cooperators or contracts for debarment and suspension. All subrecipientrs and contractors must complete the form AD-1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions. Blank forms are available electronically. Completed forms must be kept on file with the primary Cooperator. V.AGREEMENT CLOSEOUT. Within 90 days after expiration or notice of termination the parties shall close out the agreement. Any unobligated balance of cash advanced to the Cooperator or any unspent program income must be immediately refunded to the Forest Service, including any interest earned in accordance with 2 CFR 200.345. Within a maximum of 90 days following the date of expiration or termination of this Agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the Forest Service by the Cooperator. If this agreement is closed out without audit, the Forest Service reserves the right to DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 14 of 20 disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. W. MODIFICATION. 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 Forest Service is not obligated to fund any changes not properly approved in advance. X. PERIOD OF PERFORMANCE. This agreement is executed as of the date of the Forest Service signatory official signature. The start date of this award is the date of the Forest Service signatory official signature. The end date, or expiration date is December 31, 2027. This instrument may be extended by a properly executed modification. Y. 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 have executed this Agreement as of the last date written below. JEFF SHROLL, County Manager Eagle County, Colorado Date SCOTT G. FITZWILLIAMS, Forest Supervisor U.S. Forest Service, White River National Forest Date The authority and format of this Agreement has been reviewed and approved for signature. DAVE GRAHAM U.S. Forest Service,Grants Management Specialist Date DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 6/30/2022 6/30/2022 Page 15 of 20 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 0596-0239. The time required to complete this information collection is estimated to average 1 hour per response. The total response time to complete the entire package is estimated to average 4 hours, 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: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 USDA, Forest Service OMB 0596-0239 FS-1500-36 Page 16 of 20 22-GN-11021500-037 APPENDIX A STATEMENT OF WORK Goal U.S. Forest Service funding is obligated to contribute to Eagle County’s collaborative efforts related to the management of noxious weeds on public and private lands, within the watersheds in and adjacent to Eagle County, and on the White River National Forest. Objectives - Coordinate a cooperative noxious weed management program for consistent management on a landscape scale. - Collaborate and treat Federal lands as well as County roads or County administered properties. - Conduct treatments on County administered lands, targeting areas and species which will be complementary to the County noxious weed control efforts. - Conduct inventories of noxious weed infestations. Methods - Utilize U.S. Forest Service funds on noxious weed treatments within the Sylvan Fire “emphasis area” and agreed to priority infestations and access routes, see Maps and Financial Plan. - Monitor treatment effectiveness. - Evaluate treatment effectiveness. - Global Positoning System field data collection for noxious weed treatments and infestation(s) inventory utilizing U.S. Forest Service data standards (Natural Resource Management NRM). - Pesticide (herbicide) treatments will follow U.S. Forest Service policy, be documented daily in a Pesticide Application Record (with County/USFS agreed upon data fields), and meet State of Colorado requirements. Treatment Areas - Proposed project areas includes: o Sylvan Lake Fire area – FS400 Road and other U.S. Forest Service routes used for access to the incident o Targeted Areas, see attached Maps - Acreage treated will be dependent upon the severity of the noxious weed infestations. Additional Reporting - A copy of the Pesticide Application Record(s) along with GPS field data (treatment locations and noxious weed infestations locations) will be submitted to the White River National Forest - east zone invasive plant lead, no later than September 30th annually. Expected Results and Environmental Compliance The results of this collaboration: 50-85% mortality of treated noxious weeds, resulting in each DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Page 17 of 20 following year’s herbicide input to decline. Mortality will be dependent upon the weed species treated. All environmental compliance and permitting for the project have been completed. SCHEDULE OF ITEMS: Item Number Description Total $ 1 Sylvan Lake Fire – FS400 Road and Targed Areas $16,000.00 DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 U.S. Forest Service OMB 0596-0217 FS-1500-17B Attachment:Appendix B USFS Agreement No.:Mod. No.: Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $4,625.00 $0.00 $6,375.00 $0.00 $11,000.00 Travel $250.00 $0.00 $0.00 $0.00 $250.00 Equipment $1,000.00 $0.00 $0.00 $0.00 $1,000.00 Supplies/Materials $4,000.00 $0.00 $0.00 $0.00 $4,000.00 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Sub-contract $0.00 $16,000.00 $0.00 $0.00 $16,000.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $9,875.00 $16,000.00 $6,375.00 $0.00 $32,250.00 Coop Indirect Costs $0.00 $637.50 $637.50 FS Overhead Costs $731.25 $731.25 Total $10,606.25 $16,000.00 $7,012.50 $0.00 $33,618.75 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) Total Project Value: (e) Total 20.86% Agreements Financial Plan (Short Form) 22-GN-11021500-037 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS 100.00% (h) (g) Matching Costs Determination Total Forest Service Share =(f) 79.14% Page 1 DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Standard Calculation Job Description Cost/Day # of Days Total FS Program Managers $400.00 5.00 $2,000.00 District Biologists $350.00 7.50 $2,625.00 $0.00 $0.00 $0.00 Non-Standard Calculation Total Salaries/Labor $4,625.00 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total GOV Use 1 $25.00 10.00 $250.00 $0.00 $0.00 $0.00 $0.00 Non-Standard Calculation Total Travel $250.00 Piece of Equipment # of Units Cost/Day # of Days Total Total Equipment $0.00 FS Non-Cash Contribution Cost Analysis, Column (a) Equipment Travel Salaries/Labor WORKSHEET FOR Standard Calculation Non-Standard Calculation Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determining a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard Calculation sections provide a write-in area for line items that require a calculation formula that is other than the standardized formulas, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Supplies/Materials # of Items Cost/Item Total Supplies/Materials for Weeds Abatement 15.00 $50.00 $750.00 $0.00 $0.00 $0.00 Total Supplies/Materials $750.00 Paper Material # of Units Cost/Unit Total $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 13.00%$731.25 Total FS Overhead Costs $731.25 $5,625.00 Subtotal Direct Costs Forest Service Overhead Costs TOTAL COST $6,356.25 Printing Other Expenses Subtotal Direct Costs Supplies/Materials $5,625.00 Non-Standard Calculation Standard Calculation Standard Calculation Standard Calculation Non-Standard Calculation Non-Standard Calculation DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Job Description Cost/Hour # of Hours Chemicals Total $0.00 Total Salaries/Labor $0.00 Travel Expense Employees Cost/Trip # of Trips Total Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total Total Equipment $0.00 Supplies/Materials # of Items Cost/Item Total Total Supplies/Materials $0.00 Standard Calculation Standard Calculation Standard Calculation Standard Calculation WORKSHEET FOR Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Travel Equipment Supplies/Materials Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard Calculation sections provide a write-in area for line items that require a calculation formula that is other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Paper Material # of Units Cost/Unit Total $0.00 $0.00 Total Printing $0.00 Item Cost/Unit # of Units Total Sub-Contract Sylvan Fire-FS400 rd and $16,000.00 1 $16,000.00 Targeted NFS Lands Total Other $16,000.00 Current Overhead Rate Total 0.00%$0.00 $0.00 TOTAL COST $16,000.00 $16,000.00 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $16,000.00 Non-Standard Calculation Standard Calculation Standard Calculation Non-Standard Calculation Printing DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Job Description Cost/Day # of Days Total Project implementation & monitoring $425.00 15.00 $6,375.00 $0.00 $0.00 $0.00 $0.00 Total Salaries/Labor $6,375.00 Travel Expense Employees Cost/Trip # of Trips Total Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total Total Equipment $0.00 Supplies/Materials # of Items Cost/Item Total WORKSHEET FOR Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Equipment Supplies/Materials Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non- Standard Calculation sections provide a write-in area for line items that require a calculation formula that is other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. Standard Calculation Standard Calculation Standard Calculation Standard Calculation DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 10.00%$637.50 $637.50 Non-Standard Calculation Standard Calculation Printing TOTAL COST $7,012.50 $6,375.00 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $6,375.00 Non-Standard Calculation Standard Calculation DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50 DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50