HomeMy WebLinkAbout20091494.tiffRESOLUTION
RE: APPROVE CHALLENGE COST SHARE AGREEMENT FOR VARIOUS NATURAL
RESOURCE CONSERVATION AND MANAGEMENT PROJECTS ON PAWNEE
NATIONAL GRASSLAND AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Challenge Cost Share Agreement for
various natural resource conservation and management projects on the Pawnee National
Grassland between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Division of
Employment Services, Weld County Youth Conservation Corps, and the U.S. Department of
Agriculture, Forest Service, Region 2 Arapaho and Roosevelt National Forests and Pawnee
National Grassland, commencing upon full execution of said agreement, and ending September 30,
2012, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Pawnee National Grassland between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, Division of Employment Services, Weld
County Youth Conservation Corps, and the U.S. Department of Agriculture, Forest Service,
Region 2 Arapaho and Roosevelt National Forests and Pawnee National Grassland, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
O2 f%C - 5)
2009-1494
HR0080
0) 73/0j
RE: CHALLENGE COST SHARE AGREEMENT FOR VARIOUS NATURAL RESOURCE
CONSERVATION AND MANAGEMENT PROJECTS ON PAWNEE NATIONAL GRASSLAND
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of June, A.D., 2009.
ATTEST
audel
Weld County Clerk to tlh1
(Ili
BY: 11 IJJJKiL li
Depuu y Cler to the Board
AP
County Attorney
Date of signature.
'7('31oc
BOARD OF CO NTY COMMISSIONERS
WELD1CO T COLORADO
tICI7 1
William F. Garcia, Chair
r
ougla• Radema her, Pro-Tem
C -
e., P. Conway j Cr-)
U
BaEbara Kirkmeye'
David E. Long
AA --1
2009-1494
HR0080
MEMORANDUM
a:IT"
DATE: June 25, 2009
1 TO: William F. Garcia, Chair, Board of County ommissione s
FROM: Judy A. Griego, Director, Human Service epart( i4t1F
A.
COLORADO RE: Agreement between the Weld County Department of Human
Services and the US Department of Agriculture, Forest
Service Region 2, Pawnee National Grassland for Work to
be Performed by the Weld County Youth Conservation Corp
(WCYCC)
Enclosed for Board approval is an Agreement between the Weld County Department of Human
Services and the US Department of Agriculture, Forest Service Region 2, Pawnee National
Grassland for Work to be performed by the Weld County Youth Conservation Corp (WCYCC).
This Agreement was presented at the Board's June 22, 2009, Work Session.
This agreement will allow the Weld County Youth Conservation Corps (WCYCC) to
complete a variety of natural resource conservation and management projects on the Pawnee
National Grassland.
Amount to be reimbursed to the Department for these services is $1,500.00.
The term of this Agreement will be between July, 2009 and September, 2009.
If you have any questions, give me a call at extension 6510.
2009-1494
FS Agreement No
Cooperator DUNS No.
Cooperator Agreement No.
09 -CS -11021006-039
075757955
6/22/2009
CHALLENGE COST SHARE AGREEMENT
BETWEEN
UNITED STATES DEPARTMENT OF AGRICULTURE,
FOREST SERVICE, REGION 2
ARAPAHO AND ROOSEVELT NATIONAL FORESTS
AND PAWNEE NATIONAL GRASSLAND
AND
COUNTY OF WELD
This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and
between the U.S. Department of Agriculture, Forest Service, Region 2, Arapaho and Roosevelt
National Forests and Pawnee National Grassland, hereinafter referred to as Forest Service and
the County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, on behalf o the Weld County Department of
Human Services, Division of Employment Services of Weld County and the Weld County Youth
conservation Corps (WCYCC), hereinafter referred to as WCYCC, under the provisions of the
Department of Interior and Related Agencies Appropriation Act of 1992, P.L. 102-154.
A. PURPOSE:
Weld County Youth Conservation Corps (WCYCC) provides team -based youth/young adult
employment opportunities for individuals ages 14-24. Through hands on learning, corps
members are positively engaged in the communities of Weld County. WCYCC employees
receive training in natural resource management, job ethics, job safety, environmental
stewardship and learn valuable life sills to help them succeed in future endeavors.
The Forest Service and WCYCC will participate in various natural resource conservation and
management projects on the Pawnee National Grassland. The WCYCC will participate
during July through September, 2009 in range management work to include the installation
of cross fences in support of new rotational grazing systems and other range improvements as
outlined in current Allotment Management Plans; perform noxious weed management to
include hand pulling, chemical and mechanical removal of noxious plant species; assist in
wildlife management activities to include construction of prairie dog barrier fencing, and
modification of raptor nest platforms for the purpose of reducing encroachment of prairie
dogs from federal lands onto adjacent private lands; and various range and wildlife
monitoring activities.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Forest Service and WCYCC have established this Agreement to accomplish mutually
beneficial objectives of:
1. Accomplishing resource stewardship and public service projects on National Forest
System lands.
2. Training teens in job skills, outdoor skills, and environmental ethics.
aoo9 -/99 y
FS Agreement No
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3. Strengthening youth work ethic and experience.
4. Enhancing youth understanding and appreciation of natural resources and public land
management.
The natural resource management programs of the Forest Service will benefit by accomplishing
a wide variety of projects with a minimum of funds. The Forest Service is not able to efficiently
hire individual crews to complete short-term projects, but the WCYCC is able to provide crews
to accomplish short-term projects through project plans.
C. FOREST SERVICE SHALL:
1. Provide funding to implement the projects identified in this agreement.
2. Provide Forest Service personnel to be on -site coordinators.
3. Provide project design, give direction in the field and overall logistics.
4. Provide fencing materials for the individual projects and specialized tools.
5. Participate in safety discussions prior to the start of every project.
D. WELD COUNTY WCYCC SHALL:
1. Provide a crew of 7-8 crewmembers plus a crew leader.
2. Be outfitted with proper field footwear, work gloves and attire.
3. Supply a vehicle to transport crew members.
4. Provide basic hand tools as needed for individual projects.
5. Have a safety discussion prior to the start of every project.
E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
THAT:
1. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS.
Forest Service support shall be acknowledged in any publications and audiovisuals
developed as a result of this instrument.
2. COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT.. Pursuant to
31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to a cooperator in excess of
the amount to which the cooperator is finally determined to be entitled under the terms
and conditions of the award constitute a debt to the Federal Government. If not paid
within a reasonable period after the demand for payment, the Federal awarding may
reduce the debt by:
(1) Making an administrative offset against other requests for reimbursements.
(2) Withholding advance payments otherwise due to the cooperator.
(3) Taking other action permitted by statue.
Except as otherwise provided by law, the Federal awarding agency shall charge interest
on an overdue debt.
FS Agreement No
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Cooperator Agreement No.
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3. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax
identification number upon execution of this instrument.
4. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not
available for reimbursement of cooperator purchase of equipment and supplies.
5. MODIFICATION. Modifications within the scope of the instrument shall be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
by all parties, prior to any changes being performed. The Forest Service is not obligated
to fund any changes not properly approved in advance.
6. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Forest Service,
Inspector General, or Comptroller General, through any authorized representative, shall
have access to and the right to examine all records related to this instrument. As used in
this provision, "records" includes books, documents, accounting procedures and
practices, and other data regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form. All records pertinent to
this agreement shall be retained for a period of 3 years.
7. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest
Service under this instrument is subject to the Freedom of Information Act (5 U.S.C.
552).
8. NONDISCRIMINATION. The recipient/cooperator shall comply with all Federal
statutes relating to nondiscrimination and all applicable requirements of all other Federal
laws, Executive orders, regulations, and policies. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits
discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the
Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation
Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of
disabilities. The nondiscrimination statement which follows shall be posted in primary
and secondary recipient/cooperator offices, at the public service delivery contact point
and included, in full, on all materials regarding such recipients'/cooperators' programs
that are produced by the recipients/cooperators for public information, public education,
or public distribution:
"In accordance with Federal law and U.S. Department of Agriculture
policy, this institution is prohibited from discriminating on the basis of
race, color, national origin, sex, age, or disability. (Not all prohibited bases
apply to all programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity
provider and employer."
FS Agreement No
Cooperator DUNS No.
Cooperator Agreement No.
09 -CS -11021006-039
075757955
6/22/2009
If the material is too small to permit the full statement to be included, the material will at
minimum include the statement, in print size no smaller than the text, that "This
institution is an equal opportunity provider."
9. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land
at the direction of either of the parties, shall thereupon become property of the United
States, and shall be subject to the same regulations and administration of the Forest
Service as other National Forest improvements of a similar nature. No part of this
instrument shall entitle the cooperator to any share or interest in the project other than the
right to use and enjoy the same under the existing regulations of the Forest Service.
10. LEGAL AUTHORITY. The cooperator has the legal authority to enter into this
instrument, and the institutional, managerial and financial capability (including funds
sufficient to pay nonfederal share of project costs) to ensure proper planning,
management, and completion of the project.
11. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
Forest Service or the Cooperator(s) from participating in similar activities with other
public or private agencies, organizations and individuals.
12. EXTENSION OF PERFORMANCE PERIOD. The Forest Service, by written
modification may extend the performance period of this instrument for a total duration
not to exceed 5 years from its original date of execution.
13. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole,
or in part, at any time before the date of expiration.
Neither party shall incur any new obligations for the terminated portion of the instrument
after the effective date and shall cancel as many obligations as possible. Full credit shall
be allowed for each Party's expenses and all non -cancelable obligations properly incurred
up to the effective date of termination.
Excess funds shall be refunded within 60 days after the effective period.
14. PRINCIPAL CONTACTS. The principal contacts for this instrument are:
Forest Service Project Contact
Nehalem Breiter, Range Specialist
Pawnee National Grassland
660 'O' Street
Greeley, CO 80631
Phone: 970-346-5008
FAX: 970-346-5014
E-Mail:nbreiter@fs.fed.us
Cooperator Project Contact
Erik Warrington,
WCYCC Team Leader
Employment Services of Weld Co.
1551 N. 17th Ave/PO Box 1805
Greeley, CO 80632
Phone: 970-353-3800 x 3413
FAX: 970-356-3975
E -Mail: ewarrington@co.weld.co.us
Forest Service Administrative Contact
Susan Leschnik,
Grants & Agreement Specialist
2150 Centre Avenue, Bldg E
Fort Collins, CO 80526
Phone: 970-295-6687
FAX :970-295-6699
E-Mail:sleschnik(a,fs.fed.us
FS Agreement No
Cooperator DUNS No.
Cooperator Agreement No.
09 -CS -11021006-039
075757955
Cooperator Administrative Contact
Tami Grant,
WCYCC Director
1551 N. 17th Ave/PO Box 1805
Greeley, CO 80632
Phone: 970-353-3800 ext. 3362
FAX: 970-356-3975
E-Mail:tgrant@co.weld.co.us
6/22/2009
15. AVAILABILITY OF FUNDS. Funds in the amount of $1500 are currently available for
performance of this instrument through September 30, 2009. The Forest Service's
obligation for performance of this instrument beyond this date is contingent upon the
availability of appropriated funds from which payment can be made. No legal liability on
the part of the Forest Service for any payment may arise for performance under this
instrument beyond $1500, until funds are made available to the Forest Service for
performance and until the recipient/cooperator receives notice of availability by written
modification by the Forest Service.
16. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis -
Bacon or Service Contract Act) are applicable to any contract developed and awarded
under this instrument where all or part of the funding is provided with Federal funds.
Davis -Bacon wage rates apply on all public works contracts in excess of $2,000 and
Service Contract Act wage provisions apply to service contracts in excess of $2,500. The
Forest Service will award contracts in all situations where their contribution exceeds 50
percent of the costs of the contract. If a cooperator is approved to issue a contract it shall
be awarded on a competitive basis.
17. DUNS NUMBER. The cooperator shall furnish their DUNS number upon execution of
this instrument. You may obtain a DUNS number by contacting Dun and Bradstreet at
800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by
telephone at no charge.
18. ELECTRONIC FUNDS TRANSFER (EFT). The recipient/cooperator shall designate a
financial institution or an authorized payment agent through which a federal payment
may be made in accordance with US Treasury Regulations, Money and Finance at 31
CFR 208, which requires that federal payments are to be made by EFT to the maximum
extent possible. A waiver may be requested and payments received by check by
certifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language,
or literacy barrier.
FS Agreement No
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6/22/2009
In order to receive EFT payments the recipient/cooperator shall register in the Central
Contractor Registry (CCR). You may register by going to www.ccr.gov and following
the instructions provided on line. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725.
19. PAYMENT/REIMBURSEMENT. Reimburse the cooperator for the Forest Service's
proportionate share, 17.89 percent of actual expenses incurred, not to exceed $1,500.00,
reduced by program income, and other Federal and nonfederal cash contributions, as
shown in the incorporated Financial Plan. If program income generated from the project
exceeds the cooperator's actual expenses, the Forest Service share is zero. The
cooperator is approved to submit lump -sum billing(s). The Forest Service will make
payment for its proportionate share of project costs upon receipt of an SF -270. Each SF -
270 shall display the cooperator's actual expenditures to date of the SF -270 (not just the
Forest Service share of actual expenditures), less program income and other Federal and
nonfederal cash contributions and previous Forest Service payments. The SF -270 should
be mailed or faxed to:
Send original to:
US Forest Service
Albuquerque Service Center
Payments -Grants & Agreements
101B Sun Ave. NE
Albuquerque, NM 87109
Phone: (877) 372-7248
FAX: (877) 687-4894
Send copy to:
Nehalem Breiter
US Forest Service
Arapaho/Roosevelt National Forests
and Pawnee National Grassland
660 "O" Street
Greeley, CO 80631
Phone: 970-346-5008
E -Mail: 970-346-5014
20. FINANCIAL STATUS REPORT. A Financial Status Report, Form SF -269A, or SF -269
(when program income is involved), shall be submitted annually. The final Form SF -
269A or SF -269 shall be submitted either with your final payment request, or no later
than 90 days from the expiration date of the instrument,
21. ENDORSEMENT. Any cooperator contributions made under this instrument do not by
direct reference or implication convey Forest Service endorsement of the cooperator's
product or activities.
22. ALTERNATE DISPUTE RESOLUTION. 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.
23. ANNUAL OPERATING/FINANCIAL PLAN. The attached financial plan is hereby
incorporated and becomes a part of this agreement.
FS Agreement No
Cooperator DUNS No.
Cooperator Agreement No.
09 -CS -11021006-039
075757955
6/22/2009
24. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the
date of last signature and is effective through 9/30/2012 at which time it will expire
unless extended.
25. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies
that the individuals listed in this document as representatives of the cooperator 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
written date below.
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
Q -
JUDY/ RIE@, Dire
Weld ounty Department of Human
Services
DATE
frwa4 -e2
Li da Perez, Divisionead
Employment Services of Weld County
ATTEST:
Weld County Clerk to
BY:
Deputy Clerk to the Board
The authority and format of this instrument
haJeen reviewed and approved for
�ture.
SUSAN .LAJESCHNIK DA E
FS Grants & Agreement Specialist
USDA FOREST SERVICE, REGION 2
ARAPAHO AND ROOSEVELT
NATIONAL FORESTS AND PAWNEE
NATIONAL GRASSLAND
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P. CASAMASSA DATE
Forest Supervisor
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
illiam F. Garcia, Chair
JUN 2 9 2009
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