HomeMy WebLinkAbout20241595.tiffRESOLUTION
RE: APPROVE PARTICIPATING AGREEMENT FOR NOXIOUS WEED TREATMENT 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 Participating Agreement for Noxious
Weed Treatment among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, the United
States Department of Agriculture (USDA), the United States Forest Service, Arapaho and
Roosevelt National Forests, and the Pawnee National Grassland, commencing upon full
execution of signatures, and ending June 1, 2029, 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 Participating Agreement for Noxious Weed Treatment among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, the United States Department of
Agriculture (USDA), the United States Forest Service, Arapaho and Roosevelt National Forests,
and the 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ✓,�,�•�.J � .X lt.�:�,�
Weld County Clerk to the Board
BY: O.I.C,litiu71z.4..
Deputy Clerk to the Board
APP' 'V
Count ttorney
4u)2
Date of signature:
WELD COUNTY, C
Perry L. Buck
CUSED
ri Saine
Mike Freeman
2024-1595
EG0082
ee: Fw ([h/T8)
015/13 /2y
CbYr act 1I 83O1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: USFS Pawnee National Grassland and Weld County Weed Division Agreement
DEPARTMENT: Public Works DATE: April 8, 2024
PERSON REQUESTING: Tina Booton
Brief description of the problem/issue:
Weld County Weed Division has been working with the USFS Pawnee National Grassland (PNG) since 2015. When we
entered into the first five-year participating agreement no funds were attached with the working partnership. In 2016 funds
started being attached to the agreement and have been added each year through 2022. The current participating agreement
is due to expire in June of 2024.
The USFS has acquired $20,000 that they would like to contract with the Weed Division to use to treat the noxious weeds
on the PNG using the Forest Service equipment. For this to work, the USFS must create a new five-year participating
agreement that includes the first year of planned work for the available funds that will be tied to the agreement. The
USFS's $20,000 is planned to be spent in 2024. These funds will cover labor, herbicides and USFS equipment repairs.
This five-year working agreement will facilitate a cost-effective and coordinated treatment plan between the USFS PNG
and private landowners for addressing undesirable plants throughout northern Weld County across jurisdictional
boundaries with the objective of achieving healthy and productive natural and agricultural ecosystems. This agreement
will also document the cooperation between the parties to control the noxious weeds in northern Weld County. The new
agreement will be in effect until June 2029.
Attorney Adria Schiel has been sent the contract to review. There weren't any big issues with the formality of the contract
from 2019 or this proposed new contract in 2024.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Option A: Enter into this agreement.
Option B: Do not enter into this agreement.
Recommendation:
Option A: Enter into this agreement,
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin Ross, Chair f(L
Lori Saine
(t/11
2024-1595 II
EV(oOOL.
USDA, Forest Service
OMB 0596-0217
FS -1500-16
FS Agreement No. 24 -PA -11021000-024
Cooperator Agreement No.
PARTICIPATING AGREEMENT
Between The
WELD COUNTY GOVERNMENT
And The
USDA, FOREST SERVICE
ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND
PAWNEE NATIONAL GRASSLAND
This PARTICIPATING AGREEMENT is hereby entered into by and between the Weld County
Government, hereinafter referred to as "the County," and the United States Department of
Agriculture (USDA), Forest Service, Arapaho and Roosevelt National Forests and Pawnee
National Grassland (ARP), hereinafter referred to as the "U.S. Forest Service," under the
authority: Wyden Amendment (Public Law 105-277, Section 323 as amended by Public Law
109-54, Section 434, and permanently authorized by Public Law 111-11, Section 3001).
Background: Weld County and the U.S. Forest Service share many boundaries as well as the
responsibility to treat and prevent the spread of plants that pose a threat to environmental and
economic health within their respective jurisdictions. Both parties have been successfully
working together to treat noxious weeds within Weld County for several years and this
agreement is meant to continue this relationship.
Title: Noxious Weed Treatments Within Weld County
I. PURPOSE:
The purpose of this agreement is to document the cooperation between the parties to treat
identified undesirable plants and noxious weeds across jurisdictional boundaries with the
objective of achieving healthy and productive natural and agricultural ecosystems.
The County and U.S. Forest Service staff will identify such plants that pose a threat to the
environmental and economic health of the County by the displacement of native plant
species and degradation of livestock forage, wildlife habitat, and recreational values.
Parties have a common interest in the enhancement and protection of wildlife habitat and
natural resources throughout the area and will collaborate to treat these undesirable plant
species.
All work will be in accordance with the following provisions and the hereby incorporated
Financial and Operating Plans, attached as Exhibits A and B.
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IL STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The U.S. Forest Service and the County both have the responsibility for controlling noxious
weeds on lands under their jurisdiction. Since noxious weeds originate from both private
and public lands, and since infestations often occur on adjacent jurisdictions, it is in the
interest of both parties to this agreement to work collaboratively in a cost-effective manner
to locate and treat infestations and prevent their spread.
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. USE OF GOVERNMENT OWNED VEHICLES. U.S. Forest Service vehicles may
be used for official U.S. Forest Service business only accordance with FSH 7109.19,
Chapter 60, the requirements established by the region in which performance of this
agreement takes place, and the terms of this agreement.
C. Meet with the U.S. Forest Service on an annual basis for the purposes of identifying
and outlining projects that will be jointly performed. If funding becomes available for
annual projects, it will be added through an appropriate modification complete with
an annual operating plan and financial plan for that year.
D. Apply pesticides in accordance with all applicable state and federal laws and provide
any required documentation of pesticide use or other treatments for reporting
purposes (date, location, target species, product name, application rate, acres treated,
etc.) by 12/31 of each year.
E. Provide equipment, pesticide, personnel, and services necessary to carry out projects
outlined in the annual operating plan and financial plan. The County will directly
supervise personnel provided by the County performing work under this agreement.
F. Abide by any additional requirements listed on the annual operating plan (Exhibit B).
G. Treat noxious weeds during FY24-2029 in accordance with the attached Annual
Operating Plan, Exhibit B.
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IV. THE U.S. FOREST SERVICE SHALL:
A. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the
County for the U.S. Forest Service's share of actual expenses incurred, not to exceed
$20,000, as shown in the Financial Plan. In order to approve a Request for
Reimbursement, the U.S. Forest Service shall review such requests to ensure
payments for reimbursement are in compliance and otherwise consistent with the
terms of the agreement. The U.S. Forest Service shall make payment upon receipt of
the County's semi-annual invoice. Each invoice from the County shall display the
total project costs for the billing period, separated by U.S. Forest Service and the
County's share. In -kind contributions must be displayed as a separate line item and
must not be included in the total project costs available for reimbursement. The final
invoice must display the County's full match towards the project, as shown in the
financial plan, and be submitted no later than 120 days from the expiration date.
Each invoice must include, at a minimum:
1. The County's name, address, and telephone number.
2. U.S. Forest Service agreement number.
3. Invoice date.
4. Performance dates of the work completed (start & end).
5. Total invoice amount for the billing period, separated by the U.S. Forest
Service and The County share with in -kind contributions displayed as a
separate line item.
6. Display all costs, both cumulative and for the billing period, by separate cost
element as shown on the financial plan.
7. Cumulative amount of U.S. Forest Service payments to date.
8. Statement that the invoice is a request for payment by "reimbursement".
9. If using SF -270, a signature is required.
10. Invoice Number, if applicable.
The invoice must be forwarded to:
EMAIL: SM.FS.ASC GA@USDA.GOV
FAX: 877-687-4894
POSTAL: USDA Forest Service
Budget & Finance - Grants and
Agreements
4000 Masthead St, NE
Albuquerque, NM 87109
Send a copy to: Steven Adler (steven.adler@usda.gov)
P.O. Box 386
Ault, CO 80613
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B. Support noxious weed treatments within Weld County as necessary, and only when
specified in the annual operating plan and financial plan. This support can include, but
is not limited to, providing personnel assistance (supervised by the U.S. Forest
Service), equipment, and supplies.
C. Provide input and guidance on weed treatment areas as needed.
D. Meet with the County on an annual basis for the purposes of identifying and outlining
projects that will be jointly performed. If funding becomes available for annual
projects, it will be added through an appropriate modification complete with an annual
operating plan and financial plan for that year.
E. Follow the 2003 Decision of Notice and Finding of No Significant Impact, Noxious
Weed Management Plan for the Arapaho and Roosevelt National Forests and Pawnee
National Grassland.
F. Provide oversight on National Forest System (NFS) land.
V. 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.
Principal Cooperator Contacts:
Cooperator Project Contact
Cooperator Financial Contact
Tina Booton
PO Box 758, 1111 H Street
Greeley, CO 80632
Telephone: 970-400-3770
FAX: 970-304-6497
Email: tbooton@weld.gov
Cheryl Pattelli
PO Box 758, 1150 O Street
Greeley, CO 80631
Telephone: 970-400-4451
FAX: 970-336-7233
Email: cpattelli@weldgov.com
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager
Contact
U.S. Forest Service Administrative
Contact
Steven Adler
Rangeland Management Specialist
PO Box 386, 115 N 2nd Ave.
Ault, CO 80610
Telephone: 970-502-1161
Email: steven.adler(a�usda.aov
Sara Wolf
Grants Management Specialist
1617 Cole Boulevard, Bldg. 17
Lakewood, CO 80401
Telephone: 719-467-6445
Email: sara.wolf@,usda.gov
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B. NOTICES. Any communications affecting the operations covered by this agreement
given by the U.S. Forest Service or the County 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, 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 or the County from participating in similar activities with
other public or private agencies, organizations, and individuals.
D. ENDORSEMENT. Any of the County's contributions made under this agreement do
not by direct reference or implication convey U.S. Forest Service endorsement of the
County's products or activities.
E. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the County to use the
U.S. Forest Service Insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S.
Forest Service's Office of Communications (Washington Office). A written request
will be submitted by the U.S. Forest Service to the Office of Communications
Assistant Director, Visual Information and Publishing Services, prior to use of the
insignia. The U.S. Forest Service will notify the the County when permission is
granted.
F. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANTS. The County
agree(s) that any of the County'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 has hereby willingly agreed to assume
these responsibilities.
Further, the County shall provide any necessary training to the County's employees,
volunteers, and program participants to ensure that such personnel are capable of
performing tasks to be completed. The County shall also supervise and direct the
work of its employees, volunteers, and participants performing under this agreement.
G. 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
may arise therefrom, either directly or indirectly.
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H. 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.
I. ELIGIBLE WORKERS. The County 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 shall comply with regulations
regarding certification and retention of the completed forms. These requirements also
apply to any contract awarded under this agreement.
J. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT
(SAM). The County shall maintain current organizational information and the
original Unique Entity Identifier (UEI) provided for this agreement in the System for
Award Management (SAM) until receipt of final payment. This requires annual
review and updates, when needed, of organizational information after the initial
registration. More frequent review and updates may be required for changes in
organizational information or agreement term(s). Any change to the original UEI
provided in this agreement will result in termination of this agreement and de -
obligation of any remaining funds. 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.
K. STANDARDS FOR FINANCIAL MANAGEMENT.
1. Financial Reporting
The County shall provide complete, accurate, and current financial disclosures of
the project or program in accordance with any financial reporting requirements, as
set forth in the financial provisions.
2. Accounting Records
The County shall continuously maintain and update records identifying the source
and use of funds. The records shall contain information pertaining to the
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agreement, authorizations, obligations, unobligated balances, assets, outlays, and
income.
3. Internal Control
The County shall maintain effective control over and accountability for all U.S.
Forest Service funds, real property, and personal property assets. The County
shall keep effective internal controls to ensure that all United States Federal funds
received are separately and properly allocated to the activities described in the
agreement and used solely for authorized purposes.
4. Source Documentation
The County shall support all accounting records with source documentation.
These documentations include, but are not limited to, cancelled checks, paid bills,
payrolls, contract and contract documents. These documents must be made
available to the U.S. Forest Service upon request.
5. Advance Payments
When applicable, the County shall establish and maintain specific procedures to
minimize the time elapsing between the advance of Federal funds and their
subsequent disbursement. Any advance requested by the County must be expended
within 30 days of receipt.
L. INDIRECT COST RATES- PARTNERSHIP. Indirect costs are approved for
reimbursement or as a cost -share requirement and have an effective period applicable
to the term of this agreement.
1. If the County has never received or does not currently have a negotiated indirect
cost rate, they are eligible for a de minimis indirect cost rate up to 10 percent of
modified total direct costs (MTDC). MTDC is defined as all direct salaries and
wages, applicable fringe benefits, materials and supplies, services, travel, and up
to the first $25,000 of each subaward (regardless of the period of performance of
the subawards under the award).
2. For rates greater than 10 percent and less than 25 percent, the County shall
maintain documentation to support the rate. Documentation may include, but is
not limited to, accounting records, audit results, cost allocation plan, letter of
indirect cost rate approval from an independent accounting firm, or other Federal
agency approved rate notice applicable to agreements.
3. For a rate greater than 25 percent, the U.S. Forest Service may require that the
County request a federally approved rate from the County's cognizant audit agency
no later than 3 months after the effective date of the agreement. The County will
be reimbursed for indirect costs or allowed to cost -share at the rate reflected in the
agreement until the rate is formalized in the negotiated indirect cost rate (NICRA)
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at which time, reimbursements for prior indirect costs or cost -sharing may be
subject to adjustment.
4. Failure to provide adequate documentation supporting the indirect cost rate, if
requested, could result in disallowed costs and repayment to the U.S. Forest
Service.
M. OVERPAYMENT. Any funds paid to the County in excess of the amount entitled
under the terms and conditions of this agreement constitute a debt to the Federal
Government. The following must also be considered as a debt or debts owed by the
County to the U.S. Forest Service:
- Any interest or other investment income earned on advances of agreement funds; or
- Any royalties or other special classes of program income which, under the
provisions of the agreement, are required to be returned;
If this debt is not paid according to the terms of the bill for collection issued for the
overpayment, the U.S. Forest Service may reduce the debt by:
1. Making an administrative offset against other requests for reimbursement.
2. Withholding advance payments otherwise due to the County.
3. Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3,
Subpart B).
Except as otherwise provided by law, the U.S. Forest Service may charge interest on
an overdue debt.
N. AGREEMENT CLOSE-OUT. Within 120 days after expiration or notice of
termination The County shall close out the agreement.
Any unobligated balance of cash advanced to the County must be immediately
refunded to the U.S. Forest Service, including any interest earned in accordance with
7CFR3016.21/2CFR 215.22.
Within a maximum of 120 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 U.S. Forest Service by the County.
If this agreement is closed out without audit, the U.S. Forest Service reserves the right
to disallow and recover an appropriate amount after fully considering any
recommended disallowances resulting from an audit which may be conducted later.
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O. 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
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 shall submit annual performance reports to the U.S. Forest Service
Program Manager. These reports are due 90 days after the reporting period. The
final performance report must be submitted either with the County's final payment
request, or separately, but not later than 120 days from the expiration date of the
agreement.
P. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The County
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 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.
Q.
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.
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).
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R. 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.
S. PUBLIC NOTICES. It is The U.S. Forest Service's policy to inform the public as
fully as possible of its programs and activities. The County is/are encouraged to give
public notice of the receipt of this agreement and, from time to time, to announce
progress and accomplishments. Press releases or other public notices should
reference the Agency as follows:
"ARP of the U.S. Forest Service, U.S. Department of Agriculture"
The County may call on The U.S. Forest Service's Office of Communication for
advice regarding public notices. The County is/are requested to provide copies of
notices or announcements to the U.S. Forest Service Program Manager and to The
U.S. Forest Service's Office of Communications as far in advance of release as
possible.
T. FUNDING EQUIPMENT. Federal funding under this agreement is not available for
reimbursement of the County'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 one
year.
U. PROPERTY IMPROVEMENTS. Improvements placed by the County on National
Forest System land at the direction or with the approval of the U.S. Forest Service
becomes property of the United States. These improvements are subject to the same
regulations and administration of the U.S. Forest Service as would other national
forest improvements of a similar nature. No part of this agreement entitles the
County to any interest in the improvements, other than the right to use them under
applicable U.S. Forest Service Regulations.
V. CONTRACT REQUIREMENTS. Any contract under this agreement must be
awarded following the the County's established procurement procedures, to ensure
free and open competition, and avoid any conflict of interest (or appearance of
conflict). The County shall maintain cost and price analysis documentation for
potential U.S. Forest Service review. The County is/are encouraged to utilize small
businesses, minority -owned firms, and women's business enterprises.
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W. GOVERNMENT -FURNISHED PROPERTY. The County may only use U.S. Forest
Service property furnished under this agreement for performing tasks assigned in this
agreement. The County shall not modify, cannibalize, or make alterations to U.S.
Forest Service property. A separate document, Form AD -107, must be completed to
document the loan of U.S. Forest Service property. The U.S. Forest Service shall
retain title to all U.S. Forest Service -furnished property. Title to U.S. Forest Service
property must not be affected by its incorporation into or attachment to any property
not owned by the U.S. Forest Service, nor must the property become a fixture or lose
its identity as personal property by being attached to any real property.
Liability for Government Property.
1. Unless otherwise provided for in the agreement, the County shall not be liable for
loss, damage, destruction, or theft to the Government property furnished or
acquired under this contract, except when any one of the following applies:
a. The risk is covered by insurance or the County is/are 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 County's managerial personnel. The
County's managerial personnel, in this provision, means the County's
directors, officers, managers, superintendents, or equivalent representatives
who have supervision or direction of all or substantially all of the County's
business; all or substantially all of the County's operation at any one plant or
separate location; or a separate and complete major industrial operation.
2. The County shall take all reasonable actions necessary to protect the Government
property from further loss, damage, destruction, or theft. The County 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 County 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 Grants Management Specialist, the County 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.
X. OFFSETS, CLAIMS AND RIGHTS. Any and all activities entered into or approved
by this agreement will create and support afforestation/ reforestation efforts within
the National Forest System without generating carbon credits. The U.S. Forest
Service does not make claims of permanence or any guarantees of carbon
sequestration on lands reforested or afforested through partner assistance. The U.S.
Forest Service will provide for long-term management of reforested and afforested
lands, according to applicable Federal statute, regulations and forest plans.
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Y. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS USED BY
COOPERATORS. Any employee or volunteer of the cooperator who will use chain saws or
crosscut saws on National Forest System lands under this agreement must be trained,
evaluated, and certified in accordance with Forest Service Manual 2358. The cooperator is
responsible for providing sawyer training, evaluation, and certification for the cooperator's
employees and volunteers, unless the U.S. Forest Service and the cooperator determine it is
not in the best interest of the partnership for the cooperator to provide sawyer training and
evaluation. In these circumstances, the U.S. Forest Service, upon request and upon
availability of Agency resources, may assist with conducting sawyer training and evaluation
for the cooperator's employees and volunteers. Cooperator employees and volunteers who
will use chain saws and/or crosscut saws on National Forest System lands must be certified
by the cooperator. Only those cooperator organizations with an approved sawyer training,
evaluation, and certification program may conduct sawyer training, evaluation, and
certification. Any employee or volunteer of the cooperator who will use other types of saws,
such as handsaws to cut small diameter material, brush saws, and pole saws, must be trained
in accordance with Forest Service Handbook 6709.12, Chapter 40, section 41.3. The
cooperator is responsible for providing that training.
Z. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,
AUDIOVISUALS AND ELECTRONIC MEDIA. The County shall acknowledge
U.S. Forest Service support in any publications, audiovisuals, and electronic media
developed as a result of this agreement.
AA. NONDISCRIMINATION STATEMENT - PRINTED, ELECTRONIC, OR
AUDIOVISUAL MATERIAL. The County shall include the following statement, in
full, in any printed, audiovisual material, or electronic media for public distribution
developed or printed with any Federal funding.
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, 1400 Independence Avenue, SW,
Washington, DC 20250-9410 or call toll free voice (866) 632-
9992, TDD (800) 877-8339, or voice relay (866) 377-8642.
USDA is an equal opportunity provider and employer.
If the material is too small to permit the full statement to be included, the material
must, at minimum, include the following statement, in print size no smaller than the
text:
"This institution is an equal opportunity provider."
BB. REMEDIES FOR COMPLIANCE RELATED ISSUES. If the County materially
fail(s) to comply with any term of the agreement, whether stated in a Federal statute
Page 12 of 16 (Rev. 9-15)
USDA, Forest Service
OMB 0596-0217
FS -1500-16
or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or
more of the following actions:
1. Temporarily withhold cash payments pending correction of the deficiency by the
County or more severe enforcement action by the U.S. Forest Service;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of
the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current agreement for the County's
program;
4. Withhold further awards for the program, or
5. Take other remedies that may be legally available, including debarment
procedures under 2 CFR part 417.
CC. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated,
in whole or part, as follows:
1. When the U.S. Forest Service and the County 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 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.
Upon termination of an agreement, the County 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 U.S. Forest Service shall allow full
credit to the County for the U.S. Forest Service share of obligations that cannot be
cancelled and were properly incurred by the County up to the effective date of the
termination. Excess funds must be refunded within 60 days after the effective date of
termination.
DD. 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.
Page 13 of 16 (Rev. 9-15)
USDA, Forest Service
OMB 0596-0217
FS -1500-16
EE. DEBARMENT AND SUSPENSION. The County 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 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.
FF. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS. All
non federal government entities working on this agreement will adhere to the below
provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113,
relating to reporting fraud, waste and abuse to authorities:
(a) The recipient may not require its employees, contractors, or
subrecipients 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.
(b) The recipient must notify its employees, contractors, or subrecipients
that the prohibitions and restrictions of any internal confidentiality
agreements inconsistent with paragraph (a) of this award provision are
no longer in effect.
(c) 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.
(d) If the Government determines that the recipient is not in compliance
with this award provision, it:
(1) Will prohibit the recipient's 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
(2) May pursue other remedies available for the recipient's material
failure to comply with award terms and conditions.
GG. COPYRIGHTING. The County is/are granted sole and exclusive right to copyright
any publications developed as a result of this agreement. This includes the right to
publish and vend throughout the world in any language and in all media and forms, in
whole or in part, for the full term of copyright and all renewals thereof in accordance
with this agreement.
Page 14 of 16 (Rev. 9-15)
USDA, Forest Service
OMB 0596-0217
FS -1500-16
No original text or graphics produced and submitted by the U.S. Forest Service shall
be copyrighted. The U.S. Forest Service reserves a royalty -free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use, and to authorize others to
use the work for Federal Government purposes. This right must be transferred to any
sub -agreements or subcontracts.
This provision includes:
I . The copyright in any work developed by the County under this agreement.
2. Any right of copyright to which the County purchase(s) ownership with any
federal contributions.
I-IH. PUBLICATION SALE. The County may sell any publication developed as a result
of this agreement. The publication may be sold at fair market value, which is initially
defined in this agreement to cover the costs of development, production, marketing,
and distribution. After the costs of development and production have been recovered,
fair market value is defined in this agreement to cover the costs of marketing,
printing, and distribution only. Fair market value must exclude any in -kind or
Federal Government contributions from the total costs of the project.
II. 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 60 days
prior to implementation of the requested change. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
JJ. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the
date of the last signature and is effective through 6/1/2029 at which time it will
expire. The expiration date is the final date for completion of all work activities under
this agreement.
KK. 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 be
6)
JUN 1 7 2024
KEVIN D. ROSS, CHAIR Date
Weld County Board of Commissioners
ddilLeA) Je
ATTEST:
Clerk to the Board
Deputy Clerk to the Board
Pag
(Rev. 9-15)
ao tc1 595
USDA, Forest Service
OMB 0596-0217
FS -1500-16
JASON SIE
Digitally signed by JASON SIEG
GDate: 2024.07.11 12:31:19
-06'00'
JASON M. SIEG, Acting Forest Supervisor
U.S. Forest Service, ARP
Date
The authority and format of this agreement have been reviewed and approved for
signature.
SARA WOLF
Digitally signed by SARA WOLF
Date: 2024.06.03 16:54:44 -06'00'
SARA WOLF Date
U.S. Forest Service Grants Management Specialist
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conductor sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require altemative
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 16 of 16
(Rev. 9-15)
U.S. Forest Service
Exhibit:
A
USFS Agreement No.:
Cooperator Agreement No.:
Financial Plan Matrix:
24 -PA -11021000-024
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).
FOREST
SERVICE
CONTRIBUTIONS
COOPERATOR
CONTRIBUTIONS
Noncash
(a)
Cash
Cooperator
(b)
to
Noncash
(c)
(d)
In -Kind
COST
ELEMENTS
Total
(e)
Direct
Costs
Salaries/Labor
$4.050.00
$17.666.40
$5.517.90
50.00
$27.234.30
Travel
$0.00
$0.00
$0.00
$0.00
$0.00
Equipment
$0.00
$0.00
$0.00
$0.00
$0.00
Supplies/Materials
$0.00
$2,333.60
$0.00
$0.00
$2,333.60
Printing
$0.00
$0.00
$0.00
$0.00
$0.00
Other
$0.00
$0.00
$0.00
$0.00
!Poo
Other
$0.00
Subtotal
$4.050.00
$20.000.00
$5.517.90
$0.00
529.567.90
Coop
Indirect
Costs
$0.00
$0.00
$0.00
FS
Overhead
Costs
$648.00
5648.00
Total
S-1.698.00__
S2U.000.UU
55.5
17.90
$0.00
:r
Total
Project
Value:
$30.215.90
Matching
Costs
Determination
Total
(a+
b)
Forest
± (e) _
( I)
Service
Share
=
81.74%
(f)
Total
(c+d)
Cooperator
(c) (g)
Share
18.26%
(9)
Total
(f+g)
= (h)
100.00%
(h)
OMB 0596-0217
FS -1500-17B
WORKSHEET FOR
FS Non -Cash Contribution Cost Analysis, Column (a) I
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.
Salaries/Labor
i
Standard Calculation
Job Description
Range Staff Admin
Cost/Da # of Da s
$405.00 10.00
Total
$4.050.00
$0.00
N on -Standard Calculation
Total Salaries/Labor
$4,050.00
$0.00
$0.00
N on -Standard Calculation
Total Travel
Equipmen
$0.00
Standard Calculation
P iece of Equipment
# of Units
Cost/Day
# of Days
Total
$0.00
$0.00
N on -Standard Calculation
Total Equipment
Supplies/Materials
$0.00
1
Standard Calculation
Supplies/Materials
# of Items
Cost/Item
Total
$0.00
$0.00
N on -Standard Calculation
Total Supplies/Materials
Printing
$0.00
Standard Calculation
Paper Material
I# of Units ICost/Unit
Total
$0.00
N on -Standard Calculation
Total Printing
Other Expenses
Standard Calculation
Item
$0.00
i
1# of Units
Cost/Unit
Total
$0.00
$0.00
N on -Standard Calculation
Total Other
$0.00
I Subtotal Direct Costs
i
$4,050.00
i
Forest Service Overhead Costs
Current
Overhead
Rate
_Subtotal
Direct
Costs
Total
16.00%
$4,050.00
Total FS Overhead Costs
$648.00
$648.00
TOTAL COST
$4,698.00
WORKSHEET FOR
IFS Cash to the Cooperator Cost Analysis, Column (b) I
U se this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix.
N OTE: 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.
Salaries/Labor
i
Standard Calculation
Job Description
Weld County Weed Tech
Cost/Hour 1# of Hours
Total
$25.98 680.00
$17,666.40
$0.00
Non -Standard Calculation
Total Salaries/Labor
Travel
Standard Calculation
1
$17,666.40
•
Travel Expense
Employees iCost/Trip
# of Trips
Total
$0.00
$0.00
N on -Standard Calculation
Total Travel
Equipmen
i
$0.00
Standard Calculation
P iece of Equipment
# of Units ICost/Day # of Days
Tota
$0.00
$0.00
N on -Standard Calculation
Total Equipment
$0.00
Supplies/Materials
Standard Calculation
Supplies/Materials
Milestone Herbicide
Blue Dye
Methylated Seed Oil (MSO)
Panoramic Herbicide
N itrile Gloves, 3 sets
# of Items
5.00
21.00
20.00
5.00
3.00
Cost/Item
$265.00
$17.00
$9.65
$90.95
$1.16
Total
$1,325.00
$357.00
$193.00
$454.75
$3.48
$0.00
N on -Standard Calculation
Weed Sheets
$0.37
Total Supplies/Materials
Printing
$2,333.60
Standard Calculation
$0.00
N on -Standard Calculation
$0.00
Total Printing
$0.00
Other Expenses
Standard Calculation
Item
i
# of Units
Cost/Unit
Total
$0.00
$0.00
N on -Standard Calculation
Total Other
$0.00
i _
Subtotal Direct Costs
i
$20,000.00
i
Cooperator Indirect Costs
Current
Overhead
Rate
_Subtotal
Direct
Costs
Total
$20,000.00
Total Coop. Indirect Costs
$0.00
$0.00
TOTAL COST
$20,000.00
WORKSHEET FOR
Cooperator Non -Cash Contribution Cost Analysis, Column (c)
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.
Salaries/Labor
Standard Calculation
Job Descri•tion
Weld County Weed Tech - Arborist
Maintenance Tech
Supervisor Admin
Cost/Hour
# of Hours
Total
$36.60
$25.58
$50.00
24.00
25.00
80.00
$878.40
$639.50
$4,000.00
$0.00
Non -Standard Calculation
Total Salaries/Labor
Travel
Standard Calculation
$5,517.90
Travel Expense
jEmployees I Cost/Trip # of Trips
Total
$0.00
$0.00
Non -Standard Calculation
Total Travel
Equipment
Standard Calculation
Piece of Equipment
$0.00
$0.00
$0.00
Non -Standard Calculation
Total Equipment
Supplies/Materials
Standard Calculation
Supplies/Materials
$0.00
# of Items
Cost/Item
Total
$0.00
$0.00
Non -Standard Calculation
Total Supplies/Materials
Printing
Standard Calculation
Paper Material
$0.00
# of Units
Cost/Unit
Total
$0.00
Non -Standard Calculation
Total Printing
$0.00
Other Expenses
Standard Calculation
Item
$0.00
# of Units
Cost/Unit
Total
$0.00
$0.00
Non -Standard Calculation
Total Other
Cooperator Indirect Costs
$0.00
Current
Overhead
Rate
Subtotal
Direct
Costs
Total
$5,517.90
Total Coop. Indirect Costs
$0.00
$0.00
TOTAL COST
$5,517.90
Operating
Plan
for
NOXIOUS
Weeds
Treatment
on Weld
County, authorized
under agreement
24 -PA
-11021000-024.
Exhibit
B
Annual
Operating
Plan
for
Period
of
2024
Allotment
Targeted
Species
Quantity.
(Acres)
Estimated
of
Performance
Period
Work
Performer
Work
Financer
Bow
Box
Campground/Headquarters
Coal
Carroll
Hawk
Indian Caves
Klingensmith
Lee
Owl
Raven
Rock
Spur
West Willow
Vivian
Canada Thistle / Absinth
Wormwood/Dalmatian Toadflax/Scotch
Thistle
Hoary Cress/Canada Thistle
Canada Thistle
Canada Thistle
Cheatgrass
Cheatgrass/Canada Thistle
Common Mullein
Diffuse Knapweed
Cheatgrass/Musk Thistle/Canada Thistle
Dalmation Toadflax/Canada Thistle
Cheatgrass
Canada Thistle
Cheatgrass/Musk Thistle/Common Mullein
Canada Thistle / Absinth Wormwood
Canada Thistle
15 April -October
22
16
20
23
S
20
317
April -October
April -October
April -October
April -October
April -October
April -October
April -October
29 April -October
30 April -October
46 April -October
11 April -October
6
April -October
74 April -October
10 April -October
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
FS and Weld County
Contract Form
Entity Information
Entity Name *
USDA FOREST SERVICE
Entity ID"
@00002496
Contract Name*
WORKING AGREEMENT 24 -PA -11021000-024
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8301
Contract Lead*
TBOOTON
Contract Lead Email
tbooton@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
FIVE (5) YEAR WORKING AGREEMENT WITH THE USFS PAWNEE NATIONAL GRASSLAND TO PARTNER IN THE
TREATMENT OF NOXIOUS WEEDS ON THEIR ALLOTMNETS.
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$20,000.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 06/13/2024
06/17/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
04/02/2029
Committed Delivery Date
Renewal Date*
06/20/2029
Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
06/10/2024 06/10/2024 06/12/2024
Final Approval
BOCC Approved Tyler Ref #
AG 061 724
BOCC Signed Date Originator
TBOOTON
BOCC Agenda Date
06/17/2024
Hello