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HomeMy Public PortalAbout2018.05.31 Valley Cty/Payette Forest Cooperative Noxious Weed ContractUSDA, Forest Service OMB 0596.0217 FS-1500-16G FS Agreement No. 18-PA-11041203-002 Cooperator Agreement No. NON FUNDED PARTICIPATING AGREEMENT Between The VALLEY COUNTY, IDAHO And THE CITY OF MCCALL, IDAHO And The USDA, FOREST SERVICE PAYETTE NATIONAL FOREST This PARTICIPATING AGREEMENT is hereby entered into by and between the Valley County, hereinafter referred to as "the County" and the City of McCall, hereinafter referred to as "the City" and the USDA, Forest Service, Payette National Forest, hereinafter referred to as the "U.S. Forest Service," under the authority: Insert the appropriate.authority(s): Cooperative Funds and Deposits Act of December 12, 1975, Pub.L. 94-148, 16 U.S.C. 565a1— a3, as amended. Background: The Upper Payette River Cooperative Weed Management Area is a cooperative effort to prevent, eradicate, contain, and control noxious weeds and non-native plants on public and private lands in this area, and has been operating for the last five years. This agreement will continue the efforts of the City, the County, and the U.S. Forest Service to cooperate together. Title: Cooperative Noxious Weed Management I. PURPOSE: The purpose of this agreement is to document the cooperation between the parties to establish a relationship between Valley County, City of McCall, and the Payette.National Forest to protect and enhance the natural resource and economic values in the Upper Payette River watershed from damages related to the invasion and expansion of infestations of noxious weeds and non- native plants. This project is a cooperative effort to prevent, eradicate, contain, and control noxious weeds and non-native plants on public and private lands in this area. Factors related to spread and infestations are not related to ownership nor controllable at agency boundaries. This agreement formalizes the cooperative strategy for management of these weeds and non-native plants addressed in the County's Integrated Weed Management Plan. This project provides for setting common priorities, sharing resources and applying cooperative management measures to accomplish the goals and objectives related to noxious weed management in accordance with the following provisions and the hereby incorporated Financial Plan, attached as Attachment A. Page 1 of 8 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16G II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The County administers the Idaho Noxious Weed Act by providing for education, prevention, control and eradication of noxious weeds on state and private lands. This project will focus resources and set common priorities for the control and management of noxious weeds, non-native, and native invasive plants. Payette National Forest and the City of McCall are land management organizations dedicated to the wise management of natural resources. This project will focus resources and sets common priorities for the control and management of noxious weeds, non-native, and native invasive plants. Weed infestations and vectors associated with the spread of weeds cross administrative boundaries and ownership, and threaten all lands within a watershed. A coordinated, cooperative approach to weed management offers more potential of prevention and control of weeds, and will further each parties mission. In consideration of the above premises, the parties agree as follows: III. THE COUNTY SHALL: A. LEGAL AUTHORITY. The County shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non -Federal share of project costs, when applicable. B. Consult in the detection, identification, and control of new invaders and priority noxious weeds, as outlined in Valley County's Integrated Weed Management Plan. C. Provide assistance in the monitoring of treated sites and the inventory of noxious weeds on lands the City of McCall manages. D. Assist yearly in the control of noxious weeds on the McCall Airport. IV. THE CITY SHALL: A. LEGAL AUTHORITY. The City shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non -Federal share of project costs, when applicable. B. Embrace the goals outlined by the Upper Payette River Cooperative Weed Management Area, and implement the strategy set forth in Valley County's Integrated Weed Management Plan. Page 2 of 8 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16G C. Control all Noxious Weeds on the lands owned or leased and operated by the City of McCall. D. Furnish all chemicals used to control noxious weeds on the lands owned or leased and operated by the City of McCall. E. Provide assistance to Valley County in the monitoring, inventory, and mapping of noxious weeds on the City of McCall lands. F. Provide records to Valley County for the sites treated for specific noxious weeds at the request of, or in cooperation with, Valley County. V. THE U.S. FOREST SERVICE SHALL: A. Consult in the detection, identification, and control of new invaders and priority noxious weeds, as outlined in Valley County's Integrated Weed Management Plan. B. Assist annually in the control of noxious weeds at the McCall Airport, the surrounding industrial area, and along Dienhart Road. VI. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Princinal Cooperator Contacts; Valley County Program Contact Valley County Administrative Contact Steve Anderson, Department Supervisor PO Box 1350; 219 N. Main St. Cascade, ID. 83611 Telephone: (208) 382-7199 FAX: (208) 382-7198 Email: SAnderson@co.valley.id.us Same as Program Contact City of McCall Program Contact City of McCall Administrative Contact Eddie Heider, Parks Superintendent 216E.Park McCall, ID 83638 Telephone: 208-634-6609 Email: eheider@mccall.id.us Kurt Wolf, Parks & Recreation Director 216E.Park McCall, ID 83638 Telephone: 208-315-0063 Email: kwolf@mccall.id.us Page 3 of 8 (Rev. 9-15) Princinal U.S, Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Brian McMorris, Range Specialist P.O. Box J New Meadows, ID 83654 Telephone: 208-347-0349 FAX: 208-347-0309 Email: bsmcmorris@fs.fed.us Mallory Munz, Grants Mgmt Specialist Southwest Idaho Nevada Acquisition Center 1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663 Telephone: 208-343-4289 Email: mmunz@fs.fed.us B. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or the County or the City are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To the County and the City, at the address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. C. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service, the County or the City from participating in similar activities with other public or private agencies, organizations, and individuals. D. ENDORSEMENT. Any of the County and the City's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the County or the City's products or activities. E. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANT. The County and the City agree(s) that any of the County and the City's employees, volunteers, and program 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 County and the City hereby willingly agree(s) to assume these responsibilities. Further, the County and the City shall provide any necessary training to their employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. The County and the City shall also supervise and direct the work of its employees, volunteers, and participants performing under this agreement. F. MEMBERS OF 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 Page 4 of 8 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16G may arise therefrom, either directly or indirectly. G. 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 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. H. ELIGIBLE WORKERS. The County and the City 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 County the City shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. I. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). The County and the City shall maintain current information in the System for Award Management (SAM). This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. J. AGREEMENT CLOSE-OUT. Within 90 days after expiration or notice of termination the County and the City shall close out the agreement. Within a maximum of 90 days following the date of expiration or termination of this agreement, all performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by the County and the City. K. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain information on the following: - A comparison of actual accomplishments to the goals established for the period. Wherever the output of the project can be readily expressed in numbers, a Page 5 of 8 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16G - Computation of the cost per unit of output, if applicable. - Reason(s) for delay if established goals were not met. - Additional pertinent information. The County and the City shall submit performance reports to the U.S. Forest Service Program Manager. These reports are due 30 days after the reporting period. The final performance report must be submitted no later than 90 days from the expiration date of the agreement. L. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The County and the City shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration or termination date. As used in this provision, records includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. The County and the City shall provide access and the right to examine all records related to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition. M. FREEDOM OF INFORMATION ACT (FOIA). Public access to grant 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). N. 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 Cooperatives, 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. Page 6 of 8 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16G O. REMEDIES FOR COMPLIANCE RELATED ISSUES. If the County and the City materially fail(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, the U.S. Forest Service may wholly or partly suspend or terminate the current agreement. P. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated, in whole or part, as follows: 1. When the U.S. Forest Service, the County and the City agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. 2. By 30 days written notification by the County or the City to the U.S. Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the U.S. Forest Service decides that the remaining portion of the agreement will not accomplish the purposes for which the agreement was made, the U.S. Forest Service may terminate the agreement in its entirety. Q. ALTERNATE DISPUTE RESOLUTION — PARTNERSHIP AGREEMENT. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. R. DEBARMENT AND SUSPENSION. The County and the City shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should the County and the City or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. EE. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. FF. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature and is effective through May 1, 2023, at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement. Page 7 of 8 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-i500-16G GG. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below. JACJE AYMO ThelS;(ty of McCl1 GORDAN CRUIKSHANK, Chairman Valley County Board of Commissioners Date Date KEITH B. LANNOM, Forest Supervisor U.S. Forest Service, Payette National Forest Date The authority and format of this agreement have been reviewed and approved for signature. (18-PA-11041203-002) 7/ �/ l U9 MALLORY M UN7 �f ~ DDate U.S. Forest Servile Grants Managemei iecialist Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individuars income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA Is an equal opportunity provider and employer. Page 8 of 8 (Rev. 9-15) U.S. Forest Service Attachment: A USFS Agreement No.: Cooperator Agreement No:: Financial Plan Matrix: 18-PA-11041203-002 Mod. No.: 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 Agreements Financial Plan (Short Form) Note: All columns may not be used. Use depends. on source and type of contribution (s). OMB 0596-0217 FS=1500-17B •F.OREST_ SggIrcEiCONT 113UTIONSl' 7'GJ11'rOF MCGALL-CtiNi kjBUTIONS .0 •1LLEY COUNTY GO frti3 3704-, i (a) Noncash (b) i Cash to _ Cooperator, , ---- - (c) Noncash I (d) In -Kind (e) Noncash (6 In -Kind CO: •[;L feiE G (0 Tog.; __ blicesttCos�s:. Salaries/Labor $8,055.00 $6,000.00 . $8,045.60 $14.0.55;00 'Travel $486.76 $600.00 $515.00 - $1,086.76 Equipment_ S450.00 $6,915.20 $450.00 Supplies/Materials $0.00 Printing $0.00 Other . _ $0.00 Other _ _ _ . - $0.06 Subtotal _ _ ., $8,541_.76 • $0.00 e $7;050.06 ,,- - -- �0 00 -- $15,475.80 ,.... _ $0.00 : _ $31,067.56 Coop Indirect Costs �_ ] � _ _.. ... $0.06 FS.Overhead.Costs - - .. _ _ _ ~ -; Total $8,541.76__ .000 -. _ _$1,650.00 ; _ - $0.00 . $15,475.86 ; $0,o0 1111/1111/11111111111111 Total•'.Pro ectwue: MStcfilnq,Gd§ts:Deterinination� Total Forest Service Share = (a+b) '_ (g) = (h) Total Cooperator Share (c+d+e+t) _ (g) = (i) Total (h+i) = (j) (h) 27.49% (i) 72.51 % (i) 100.00% Page 1 U.S. Forest Service OMB 0596-0217 FS-1500-17B 2. Cost Analysis: Use the following section to show additional information that supports the lump sum figures provided above. The following Cost Analysis boxes, (a)-(d), should provide a cost analysis of the corresponding matrix columns, (a)-(d), above, e.g. matrix column (a) FS Non -Cash Contribution should be analyzed under block (a), below, and matrix column (b) FS In -Kind Contribution should be analyzed under block (b), below, etc. Furthermore, each cost analysis box, below, should have clear labels indicating which cost element, above, is being analyzed, e.g. Salarv/Labor = hrs or days x rate; Travel = miles x rate,or months x FOR rate (that is, days x per diem rate; Equipment Use = hrs or days x rate; Supplies & Materials --list of items and estimated cost; Printing = estimated cost per item; Indirect Cost = Direct cost x current indirect rate, Column (a) Forest Service Noncash Contribution Column (b) 'Forests Service Column (c) Cooperator Noncash Contribution Column (d) Cooperator Third Party In -Kind Contribution Column (e) Cooperator Noncash Contribution Column (f) Cooperator If necessary, add additional sheets for cost analysis. To compress any unwanted portion(s) of this section, highlight the section to be hidden, then select "Format',; "Row", and "Hide" from the toolbar. Salary: GS-9 (10 days at $321/day=$3,210.00) GS-12 (10 days at $350/day=$3,500.00) GS-6 Bio Tech (5 days at $150/day=$750.00) GS-4 Bio Tech (5 days at $119/day=$595.00) TOTAL SALARY=$8,055.00 Travel: Flat Bed Trailer with water tanks, pump and hoses for 480 miles at $0.30/miles = $144.00; Vehicle cost for 5 days at $8.55/day = 42.76 TOTAL TRAVEL=$186.76 Salary: Parks seasonal (15 days at $160/day = $2,400) Parks Permanent (15 days at $240/day = $3,600) Equipment: Spray Rig (3 days at $100/day = $300) Pull behind sprayer (3 days at $50/day = $150) Travel: $600 Salary: Valley County Weed Dept: 1, 2-man-crew @ $58.70 per hr x 80 hr = $4,696, 1, 2-man-crew @ $41.87 per hr x 80 hr = $3,349.60, 2-crews @ 80 hrs = $8,045.60. Equipment: 1-Truck @$26.88 x 80=$2,150.40, 1-ATV w/Trailer @16.34 x 80 = $1,307.20 ($3,457.60 x 2 = $6,915.20). Travel: 500 miles x2 Rigs = 1,000/miles @ .515/per mile = $515. Page 2