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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. Page 1 of 16 (Rev. 9-15) '2O'D -(595 USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 2 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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 Page 3 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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 Page 4 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 5 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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 Page 6 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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) Page 7 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 8 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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). Page 9 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 10 of 16 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 11 of 16 (Rev. 9-15) 6 USDA, Forest Service OMB 0596-0217 FS -1500-16 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