HomeMy WebLinkAboutPK12-130 - Original - WA St Dept of Natural Resources - Create Maps & Spreadsheets Inventorying Approx 2000 Trees - 04/24/2012 Records M genre y
KENO Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Washington State Department of Natural Resources
Vendor Number:
JD Edwards Number
Contract Number: R12-
This is assigned by City Clerk's Office
Project Name: Create maps & spreadsheets after inventorying approx 2000 trees
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Interagency Agreement
Contract Effective Date: 04/24/12 Termination Date: 05/31/13
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Nancy Clary Department: Parks Planning & Dev
Detail: (i.e. address, location, parcel number, tax id, etc.):
S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
WASHINGTON STATE DEPARTMENT Of
Natural Resources
PETER GOLnMMK-Som mwr of Puwx LaMs
INTERAGENCY AGREEMENT WITH THE
City of Kent Parks, Recreation & Community Services
Agreement No. IAA 12-228/K244-10-DG-010
USDA Forest Service CFDA Number 10.664
This Agreement is between the City of Kent Parks, Recreation&Community Services and the
Washington State Department of Natural Resources, Resource Protection Division, referred to as
DNR.
DNR falls under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and the City of Kent Parks, Recreation & Community Services herein after
referred to as the Grantee, enter into this agreement under Chapter 39.34, Inter-local Cooperation
Act.
The purpose of this Agreement is to create detailed maps, and spread sheets after inventorying
close to 2000 trees.
TT IS MUTUALLY AGREED THAT:
1.01 Statement of Work. The Grantee shall furnish the necessary personnel, equipment,
material and/or services and otherwise do all things necessary for or incidental to performing
work set forth in the Attachment"A".
1.02 The Grantee shall produce a mid-report by October 31 st, 2012, and a final report upon
project completion summarizing work performed and evaluating the performance and results of
this agreement.
2.01 Period of Performance. The period of performance of this Agreement shall begin upon
final execution by both parties, and end on May 31st, 2013, unless terminated sooner as provided
herein.
3.01 Payment.Payment for the work provided is established under RCW 39.34.130. Payment
will not exceed nine thousand nine hundred dollars ($9900). Payment for satisfactory
performance of work shall not exceed this amount unless the parties mutually agree to a higher
amount before beginning any work that could cause the maximum payment to be exceeded.
Payment for services shall be based on the rates and terms described in Attachment "B".
1 of 7 Agreement No IAA 12-228/K244-10-DG-010
4.01 Billing Procedures.The Grantee shall submit invoices no more than 4 times during the
period of performance stated in section 2.01. Payment to the Grantee for approved and
completed work will be made by warrant or account transfer within 30 days of receiving the
invoice. When the contract expires, any claim for payment not already made shall be submitted
within 30 days after the expiration date or the end of the fiscal year, whichever is earlier.
5.01 Records Maintenance.The Grantee shall maintain books,records, documents and other
evidence, to sufficiently document all direct and indirect costs incurred by the City of Kent
Parks, Recreation& Community Services in providing the services. These records shall be
available for inspection, review, or audit by personnel of the DNR, other personnel authorized by
the DNR, the Office of the State Auditor, and federal officials as authorized by law. The Grantee
shall keep all books, records, documents, and other material relevant to this Agreement for six
years after agreement expiration The Office of the State Auditor, federal auditors, and any
persons authorized by the parties shall have full access to and the right to examine any of these
materials during this period.
Records and other documents in any medium furnished by one party to this agreement to the
other party will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose this material to any third parties except as required by law
without first notifying the furnishing party and giving it a reasonable opportunity to respond.
Each party will use reasonable security procedures and protections to assure that records and
documents provided by the other party are not erroneously disclosed to third parties except as
required by law.
6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be
"Works Made for Hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the
DNR and the Grantee. Data shall include, but not be limited to, reports, documents,pamphlets,
advertisements,books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to use, copyright, patent, register and the
ability to transfer these rights.
7.01' Independent Capacity.The employees or agents of each party who are engaged in
performing this agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
8.01 Amendments.This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties.
9.01 Termination. Either party may terminate this Agreement by giving the other party 30
days prior written notice. If this Agreement is terminated, the terminating party shall be liable to
pay only for those services provided or costs incurred prior to the termination date according to
the terms of this Agreement.
10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of the terms
and conditions, the aggrieved party will give the other party written notice of the failure or
violation. The aggrieved party will give the other party 15 working days to correct the violation
2 of 7 Agreement No IAA 12-228/K244-10-DG-010
or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may
immediately terminate this Agreement by notifying the other party in writing.
11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party
to this agreement shall appoint a member to the dispute board. These board members shall jointly
appoint an additional member to the dispute board. The dispute board shall evaluate the facts,
contract terms, applicable statutes and rules, then determine a resolution. The dispute board's
determination shall be final and binding on the parties. As an alternative to the dispute board,
either of the parties may request intervention by the Governor, as provided by RCW 43.17.330.
In this case, the Governor's process will control the dispute resolution.
12.01 Governance.This contract is entered into the authority granted by the laws of the State
of Washington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
(1) Applicable State and federal statutes and rules (See Minimum Federal Requirements -
Attachment C);
(2) Statement of Work; and
(3) Any other provisions of the agreement, including materials incorporated by reference.
13.01 Assignment. The work to be provided under this Agreement and any claim arising from
this agreement cannot be assigned or delegated in whole or in part by either party, without the
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded
from subsequently exercising Its rights. A party s rights may only be waived through a written
amendment to this agreement.
15.01 Severability. The provisions of this agreement are severable. If any provision of this
Agreement or any provision of any document incorporated by reference should be held invalid,
the other provisions of this Agreement without the invalid provision remain valid.
16.01 Insurances. The Grantee and DNR are part of the State of Washington and are protected
by the State's self-insurance liability program as provided by Chapter 4.92 RCW. These
agencies have entered into this agreement to provide/perform the GIS Based Street Tree
Inventory described therein. This agreement will terminate on the date listed in the period of
performance. The agencies agree to share responsibility equally for losses that arise out of this
agreement.
(1) General Insurance Requirements
At all times during the term of this agreement, the Grantee shall, at its cost and expense,buy and
maintain insurance of the types and amounts listed below. Failure to buy and maintain the
3 of 7 Agreement No IAA 12-228/K244-10-DG-010
required insurance may result in the termination of the agreement at DNR's option.
All insurance shall be issued by companies admitted to do business in the State of Washington
and have a rating of A-, Class VII or better in the most recently published edition of Best's
Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by
the DNR Risk Manager or in the absence of, the Contracts Specialist at FMD,before the contract
is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the
insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.
Before starting work, Grantee shall furnish DNR, with a certificate(s) of insurance, executed by a
duly authorized representative of each insurer, showing compliance with the insurance
requirements specified in the bid/proposal, if applicable, and Agreement. Said certificate(s) shall
contain the Contract number IAA 12-228/K244-10-DG-010, name of DNR Project Manager, a
description, and include the State of Washington, DNR, its elected and appointed officials,
agents, and employees as additional insured on all general liability, excess, umbrella and
property insurance policies.
Grantee shall include all subgrantees as insureds under all required insurance policies, or shall
furnish separate certificates of insurance and endorsements for each subgrantee. Subgrantee(s)
must comply fully with all insurance requirements stated herein. Failure of subgrantee(s)to
comply with insurance requirements does not limit Grantee's liability or responsibility.
All insurance provided in compliance with this contract shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by DNR. Grantee waives all
rights against DNR for recovery of damages to the extent these damages are covered by general
liability or umbrella insurance maintained pursuant to this Agreement.
DNR shall be provided written notice before cancellation or non-renewal of any insurance
referred to therein, in accord with the following specifications.
(1) Insurers subject to Chapter 48.18 RCW(Admitted and Regulated by the Insurance
Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or
non-renewal. If cancellation is due to nonpayment of premium, DNR shall be given 10
days advance notice of cancellation.
(2) Insurers subject to Chapter 48 15 RCW (Surplus lines): DNR shall be given 20 days
advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR
shall be given 10 days advance notice of cancellation.
In lieu of the coverages required under this section, DNR at its sole discretion may accept
evidence of self-insurance by the Grantee, provided Grantee provides the following:
Grantee shall provide a statement by a CPA or actuary, satisfactory to DNR that
demonstrates Grantee's financial condition is satisfactory to self-insure any of the
required insurance coverages.
DNR may require Grantee to provide the above from time to time to ensure Grantee's
4 of 7 Agreement No IAA 12-228/K244-10-DG-010
continuing ability to self-insure. If at any time the Grantee does not satisfy the self-
insurance requirement, Grantee shall immediately purchase insurance as set forth under
this section.
By requiring insurance herein, DNR does not represent that coverage and limits will be
adequate to protect Grantee and such coverage and limits shall not limit Grantee's
liability under the indemnities and reimbursements granted to DNR in this contract.
The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less
than as follows:
(1) Commercial General Liability(CGL) Insurance: Grantee shall maintain general
liability(CGL) insurance, and, if deemed necessary as determined by DNR,
commercial umbrella insurance with a limit of not less than $1,000,000 per each
occurrence and $2,000,000 for a general aggregate limit. The products-completed
operations aggregate limit shall be $2,000,000.
CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute
form providing equivalent coverage). All insurance shall cover liability arising
out of premises, operations, independent Grantees,products-completed
operations,personal injury and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract), and contain separation of insureds (cross liability) conditions.
(2) Employers Liability(Stop Gap) Insurance: If Grantee shall use employees to
perform this contract, Grantee shall buy employers liability insurance, and, if
deemed necessary as determined by DNR, commercial umbrella liability
insurance with limits not less than $1,000,000 each accident for bodily injury by
accident or$1,000,000 each employee for bodily injury by disease.
(3) Business Auto Policy(BAP) Insurance: Grantee shall maintain business auto
liability and, if deemed necessary as determined by DNR, commercial umbrella
liability insurance with a limit not less than $1,000,000 per accident. Such
insurance shall cover liability arising out of"any Auto." Business auto coverage
shall be written on ISO form CA 00 01, or substitute liability form providing
equivalent coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage and cover a"covered pollution cost or expense"as
provided in the 1990 or later editions of CA 00 01.
Grantee waives all rights against DNR for the recovery of damages to the extent
they are covered by business auto liability or commercial umbrella liability
insurance.
(4) Workers' Compensation Insurance: Grantee shall comply with all State of
Washington workers' compensation statutes and regulations. Workers'
compensation coverage shall be provided for all employees of Grantee and
employees of any subgrantee or sub-subgrantee. Coverage shall include bodily
5 of 7 Agreement No 1AA 12-228/K244-10-DG-010
injury(including death)by accident or disease,which arises out of or in
connection with the performance of this contract. Except as prohibited by law,
Grantee waives all rights of subrogation against DNR for recovery of damages to
the extent they are covered by workers' compensation, employer's liability,
commercial general liability or commercial umbrella liability insurance.
Grantee shall indemnify DNR for all claims arising out of Grantee's, its
subgrantee's, or sub-subgrantec's failure to comply with any State of Washington
workers' compensation laws where DNR incurs fines or is required by law to
provide benefits to or obtain coverage for such employees. Indemnity shall
include all fines,payment of benefits to Grantee or subgrantee employees, or their
heirs or legal representatives, and the cost of effecting coverage on behalf of such
employees. Any amount owed to DNR by Grantee pursuant to the indemnity may
be deducted from any payments owed by DNR to Grantee for performance of this
Contract.
(5) To the fullest extent permitted by law, Grantee shall indemnify, defend and hold
harmless DNR, its officials, agents and employees, from and against all claims arising
out of or resulting from the performance of the Agreement. "Claim" as used in this
agreement means any financial loss, claim, suit, action, damage, or expense,
including but not limited to attorneys' fees, attributable for bodily injury, sickness,
disease or death, or injury to or destruction of tangible property including loss of use
resulting therefrom. Grantee's obligation to indemnify, defend, and hold harmless
includes any claim by Grantee's agents, employees, representatives, or any
subgrantee or its employees. Grantee expressly agrees to indemnify, defend, and hold
harmless DNR for any claim arising out of or incident to Grantee's or any
subgrantee's performances or failure to perform the Agreement. Grantee waives its
immunity under Title 51 RCW to the extent it is required to indemnify, defend and
hold harmless DNR and its agencies, officials, agents or employees.
17.01 Complete Agreement in Writing.This Agreement contains all the terms and conditions
agreed upon by the parties. No other understanding, oral or otherwise,regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties
18.01 Contract Management. The Project Coordinator for each of the parties shall be the
contact person for this agreement. All communications and billings will be sent to the project
coordinator.
6 of 7 Agreement No IAA 12-228/K244-10-DG-010
19.01 Project Coordinators.
(1) The Project Coordinator for the Grantee is Victoria L Andrews. Telephone Number
253-856-5113.
(2) The Project Manager for DNR is Sarah Foster. Telephone Number 360-902-1704.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Grantee
Dated: <<< 2-0 , 20 t2 By.
Title:
Address: Z 2fl +fib Ave s
i::c Yrf WA ` SC532.
Phone: 25-'3- 131' , nV c
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: 4 t2-* , 20 lZ By: '� 114ye ww
Joseph P. Shramek
Title: Division Manager
Address: 1111 Washington St SE
Olympia, Wa 98504-7037
Interagency Agreement
Approved as to Form 9/29/97
By the Assistant Attorney General
State of Washington
7 of 7 Agreement No IAA 12-228/K244-10-DG-010
ATTACHMENT A
`PAP WASHINGTON STATE DEPARTMENT OF
Natural Resources
v Peter Gofdmark Commissioner of Public lands
2012 Community Forestry Assistance Grant Proposal
APPLICATION FORM
Project name (five words or less) GIS-based Street Tree Inventory
Location (City) Kent Tree City USA 0 Y ❑ N
Name of Applicant (Organization) City of Kent Parks Recreation & Community Services
Daytime Phone #253-856-5113 Applicant's Federal I D Number 91-6001254
Address of Applicant220 4th Avenue South
City Kent State WA Zip 98032
Contact Person Victoria L Andrews Daytime Phone same as above
(if different from above)
Fax #253-856-6050 E-mail Address vandrews(c�kentwa goy
Brief Description of Project and Objective
Organization's mission The Parks Department is committed to providing safe and inviting
parks and facilities, and offer meaningful and inclusive recreational, cultural and human service
programs
Prior successful urban forestry projects
1 In 2007, the Parks Department received a King County DNR Wild Places grant for $6,250
to continue restoration efforts at 140-acre Lake Fenwick Park that had begun with a week of
National Public Lands Day events involving 144 volunteers, over 500 hours of volunteer time
and $15,388 in in-kind support
2 Kent Parks received a Community Forestry Assistance Program grant in 2011 for $9,984
The funds are being used to map and analyze approximately 219 acres of newly annexed
public lands and conduct outreach and education about the Green Kent Partnership, not only
to the 30,000 newly annexed inhabitants but to all Kent residents, including those who do not
speak English Field work has been completed and the outreach materials have been
translated to the top four languages spoken by students in the Kent School District A nice
bonus instead of a separate mailing, the multi-language "postcard version" will be a half-page
inclusion in the winter Program Guide mailed to 48,000 homesi It directs people to the Green
Kent website to learn "what is invading our parks " Full text in all five languages will be posted
1
on the website, with information on how to identify and remove two key "invaders" — Himalayan
blackberries and English ivy
3 Since 2009, the city of Kent has received $140,000 from the King Conservation District and
$5,000 from REI for the Green Kent Partnership, a 20-year management plan to restore and
actively manage Kent's urban forest and natural areas To date, Kent has been able to use
those funds to survey, evaluate and map baseline conditions of 1,189 acres of publicly owned
urban forests and natural areas, 2) complete the management plan approved by our City
Council, which included a SEPA review, 3) create logos and other marketing materials, recruit
and train 23 volunteer Green Kent Stewards, purchase tools and supplies to support the
Stewards and 5) begin implementing the plan
4 In 2010, REI also awarded a $5,000 Green Kent Partnership grant to Forterra for contracted
restoration work at Lake Fenwick Park.
In-kind match, staff and resources to complete and maintain the project City staff from
GIS, Public Works and Parks will work with a consultant to integrate field data regarding our
tree inventory into our GIS system This information will provide a baseline for our tree
management work We hope to be able to create a Tree Management Plan for our public
spaces However, until funding is secured for a formal plan, the information gathered through
this effort will provide an enormous boost to make our existing tree management work more
efficient and effective
Tree City status Kent is proud to have been a Tree City USA city every year since 2002
Purpose, objective and need for the project Within the city of Kent's 33 45 square miles are
358 miles of roads and 1,500 acres of public parks and wetlands The Green Kent
Partnership's 20-year urban forest management plan is ambitious, and we are dedicated to
making every effort to achieve its goals of maintaining the health of our forested parklands and
natural areas
We are ahead of schedule in the areas of volunteer recruitment and acres placed under active
stewardship In 2011 to date, over 560 volunteers have contributed 1,763 hours at Green Kent
Partnership events Over 33 acres have been entered into restoration using a combination of
city staff, contracted crews, trained stewards and other volunteers
All of our work thus far has centered on our parks and natural spaces While we are seeing
success in these areas, we realize that our street trees need attention also Unfortunately,
progress in this area has been hampered, in part, by a lack of good records of what we have
This is the problem we are seeking to address in applying for this grant
The need for a good inventory is made even more pressing by the knowledge of the critical
role street trees play in a vibrant, welcoming urban environment Because of the age of the
city, some of our finest urban trees are in some of the most stressful growing environments
The time to make real progress in taking better care of our street trees is now According to
nationally known landscape architect Peter MacDonagh of the Kestrel Design Group, "larger,
older trees are far more valuable than younger ones, so work needs to be done to preserve
these and use new techniques to enable younger trees to stay in place longer "
2
Our highest priority is gathering solid baseline data on the mature trees that are experiencing
the most stress those within the downtown commercial area and that anecdotally we know
have been experiencing serious failures, such as trees along power lines and the heavily
traveled arterials
This grant will help us take the first steps to store and actively manage our assets based on
data collected that will include location, unique tree number, species, height, diameter,
condition, specific site issues, and pruning or other maintenance schedules
To make the most efficient use of this funding, Parks staff will collaborate with our Public
Works GIS analysts They will play a key role in integrating the information gathered by the
consultants into our system for ongoing access and use
Time frame, Following notification of a successful application, we will initiate internal
coordination among the participating divisions to clarify software compatibility requirements,
condition standards and other data collection parameters An RFP process will be conducted
and the consultant should complete field work by early fall 2012 for the October 31, 2012 mid-
report The project will be completed by May 31, 2013
Deliverables Based on preliminary discussions with five urban forestry consultants, we
anticipate that close to 2,000 trees will be entered into a GIS-based inventory Deliverables will
include detailed maps, spreadsheet and a final report
Support See letters of support The Green Kent Partnership's primary partners are the city of
Kent, Forterra (formerly Cascade Land Conservancy), King Conservation District, Washington
State Department of Natural Resources, and the residents of Kent
Public education- The Green Kent Partnership is actively engaging and empowering our
residents to understand the role that healthy trees play in cleaning the air, filtering water,
holding storm water to reduce flooding, providing habitat for urban wildlife and enhancing
home values The city utilizes a number of vehicles to make residents aware of the efforts we
are undertaking on their behalf, including a robust website averaging over 53,000 hits per
month, a public access channel, Facebook, e-newsletters, a Parks Program Guide that
reaches 50,000 readers and through a strong local and regional media presence We will
make strategic use of those vehicles to share the quantity, quality, diversity and challenges of
our street trees, living assets residents and visitors often take for granted
Impacts (long-term benefits, local need, project beneficiary): Given the funding
environment within which all municipalities are operating, the city of Kent understands that it is
cost prohibitive to acquire the resources for a complete, detailed inventory of all our public
trees However, there is both short-term and long-term value in a detailed tree inventory of our
downtown urban core and other key streets for actively managing our assets, including budget
tracking and forecasting, 2) pruning, 3) crown cleaning and 4) work plans, as well as 5)
providing leverage for future support both internally and to external funding sources
Our long-term goal is to achieve a street tree management plan Given current funding
challenges, it is not likely that we will be able to complete the plan in a single phase from a
3
single source of funding We intend to aggressively pursue opportunities to accomplish this
project in phases, as necessary We see this inventory as a critical first-step
Other information We are pursuing partnership opportunities with masters degree
candidates and others who need real-world experience in this area Once the GIS template
has been created, an intern could easily produce the required data for the city, one
predetermined area at a time We are concurrently pursuing a partnership opportunity with the
University of Washington, to utilize masters degree candidates to help us with other tasks
related to achieving a street tree management plan
Is this project currently funded through another entity9 ❑ Yes 0 No
Was this project previously funded through another entity9 ❑ Yes 0 No
DNR funds requested from budget work sheet 9 900
Applicant share provided from budget work sheet $13,042
In-kind share from budget work sheet $
Cash donations from budget work sheet $
Total amount of project from budget work sheet $22,942
By signing this grant proposal application form the undersigned agrees that all information is
accurate to the best of their knowledge
Jeff Watling Director Kent Parks Recreation & Community Services November 8 2011
Name and Title of Authorized Representative Date
November 8 2011
(Sign ture of Authorized Repre ntative Date
4
ATTACHMENT B
BUDGET WORKSHEET
Applicant
City of Kent Parks Recreation & Community Services
Project Name
GIS-based Street Tree Inventory
ITEM Grant Share Applicant In-Kind TOTAL
Consultant field work, $9,900 $9,900
report
Operations $2,772 $2,772
Superintendent
Street Tree Supervisor $3,124 $3,124
Lead Arborlst $1,432 $1,432
GIS Analyst $2,880 $2,880
Grant/management $2,836 $2,836
TOTAL $9,900 $13,042 $ $22,942
Washington State Department of Natural Resources • Community Forestry Assistance Grant• 2 of 2
Attachment C
MINIMUM FEDERAL PROVISIONS
The subrecipient shall comply with all applicable federal, state and local laws, rules and
regulations in carrying out the terms and conditions of this agreement. The following are a few
of the minimum requirements of a subreceipient:
1. Cost Principles
By accepting Federal assistance, the recipient organization agrees to abide by the applicable
OMB Circulars in the expenditure of Federal funds and performance under this program.
www.whitehouse gov/omb/circulars
OMB Circular A-87 (2 CFR part 225)—Cost Principles for State, Local and Indian Tribal
Governments
2 CFR 230(OMB Circular A-122)—Cost Principles for Non-Profit Organizations
2 CFR Part 215 (OMB Circular A-110)—Uniform Administrative Requirements for Grants
and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations
2. Audit Requirements
Non-federal entities that expend $500,000 or more during a year in Federal awards shall have
a single or program-specific audit conducted for that year in accordance with the Single
Audit Act Amendments of 1996 (31 U S.C. 7501-7507) and revised OMB
Circular A-133.
3. Executive Compensation
Subrecipients must report the names and total compensation of each of the subrecipient's five
most highly compensated executives for the subrecipient's preceding completed fiscal year,
if:
a) In the subrecipient's preceding fiscal year, the subrecipient received—
i) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR 170.320 (and subawards); and
ii) $25,000,000 or more in annual gross revenues from federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act,
(and subawards), and
iii) The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15 (d) of the
Securities Exchange Act of 1934 (15 U.S C 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986.
Page 1 of 3
4. Trafficking in Persons
The following prohibition statement applies to subrecipient, and all subawards of
subrecipient. Subrecipient must include this statement in all sub-awards made to any private
entity under this agreement. (Section 106(g) of the Trafficking Victims Protection Act of
2000 [TVPA] as amended 22U.S C. 7104(g).)
YOU AS THE SUBRECIPIENT,YOUR EMPLOYEES, SUBAWARDS UNDER THIS AWARD,AND
SUBAWARDS' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS
DURLNG THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT,PROCURE A COMMERCIAL SEX
ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT,OR USE FORCED LABOR IN
THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER THIS AWARD.
5. Eligible Workers
Recipient 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 (8USC 1324a).
Recipient shall comply with regulations regarding certification and retention of the
completed forms. These requirements also apply to any contract or supplemental instruments
awarded under this award.
6. Debarment and Suspension
Recipient 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
Recipient or any of their principals receive a transmittal letter or other official federal notice
of debarment or suspension they shall notify the U S Forest Service without undue delay.
This applies whether the exclusion, debarment or suspension is voluntary or involuntary
7. Non-Discrimination
During the performance of activities under this Agreement, the Contractor shall comply with
all federal and state non-discrmination laws, regulation and policies In the event of the
Contractor's non-compliance or refusal to comply with any non-discrimination law,
regulation or policy, this Agreement may be rescinded, cancelled or terminates in whole or in
part. and the Contractor may be declared ineligible for further agreements with DNR (Title
VI of the Civil Rights Act of 1964)
In accordance with Federal law and U.S. Department of Agriculture/Department of Interior
policy, this institution is prohibited from discriminating on the basis of race, color, national
origin, sex, age or disability.
USDA -To file a complaint of discrimination write USDA, Director, Office of Civil
Rights, Room 326-W, Whitten building, 1400 Independence Avenue. SW, Washington,
DC 20250-9410 or call (202) 720-5964
DOI -The formal complaint should be filed by you or your representative, using
Department of the Interior Form DI-1892, with the Bureau or Office EEO Officer where
the alleged discriminatory incident occurred or with the Director, Office for Equal
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Opportunity, 1849 C Street,N.W., MS-1442 MIB, Washington, D C. 20240. The DI-
1892 form may be obtained from the EEO Counselor or the Bureau EO Office.
If you are filing a complaint against another agency, go to
htt-o ,,'/www.hhs.u,ov,'ocr"civilri,vhts'cot-nplaints/index html for more info.
Note: For a list of Government wide requirements go to:
http //www whitehouse.gov/omb/grants chart- - Codification of Government wide Grant
Requirements by Department and by Agency
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