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HomeMy WebLinkAboutC22-253 USFS_Good Neighbor AgreementUSDA, Forest Service OMB 0596-0239
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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
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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.
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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
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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
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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
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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
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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
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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,
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-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
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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
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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—
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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DocuSign Envelope ID: 8473975F-1E9C-4CB0-B49F-F0E026C40A50