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THIS CHALLENGE COST-SHARE AGREEMENT, made and entered into by and between the USDA Forest Service, Rocky Mountain Region, Pike and San Isabel National Forests, hereinafter referred to as the Forest Service, and the University of Northern Colorado, under the provisions of the INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT OF 1992, P.L. 102-154.

I. PURPOSE

The Forest Service will contribute to the challenger's ongoing project to determine species composition and estimated populations of amphibians and reptiles reptiles in eastern Colorado. The Forest Service contribution will be used to expand the sampling effort on the Comanche National Grassland.

II. STATEMENT OF MUTUAL INTEREST AND BENEFITS

The Forest Service and the Challenger have established this agreement to help one another accomplish the mutually beneficial objective of increasing our knowledge of the species composition and relative density of amphibians and reptiles occupying on those portions of eastern Colorado managed by the Comanche National Grassland.

III. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HERETO AGREE AS FOLLOWS:

A. Forest Service Agrees:

1. To provide maps and other information that will help determine the specific sites within the national grassland boundaries that will be surveyed.

2. To reimburse the cooperator for the Forest Service's proportionate share (57%) of actual expenses incurred, not to exceed $4,500, reduced by program income, and other Federal and non-Federal cash contributions, as shown in the incorporated Financial Plan. If program income generated from the project exceeds the cooperator's actual expenses, the Forest Service share is zero. The cooperator is approved to submit a lump-sum or quarterly billing(s). The Forest Service will make payment for its share of project costs upon receipt of an Invoice. Each correct invoice shall display the cooperator's actual expenditures to date of the invoice (not just the Forest Service share of actual expenditures), displayed by separate cost elements as documented in the Financial Plan, less program income and other Federal and non-Federal cash contributions and previous Forest Service payments, the invoice should be forwarded to as follows:

a. Send an original copy to:

USDA Forest Service
Dorothy Simmons
P.O. Box 300
Elkhart, KS 67950
316-697- 4621

B. Partner(s) Agrees:

1. To provide personnel and equipment to complete the survey of representative habitats on the Comanche National Grassland.

2. To provide the Forest Service with a final report prior to the termination date of this agreement detailing the areas surveyed and results of those surveys.

3. To give the Forest Service or Comptroller General, through any authorized representative, access to and the right to examine all books, papers, or documents related to this instrument.

4. To bill the Forest Service for their prorated share of actual costs incurred to date, less program income and other Federal and non-Federal cash contributions, excluding any previous Forest Service payment(s) made on this instrument to the date of the invoice.

C. Mutually Agreed and Understood by and between the said parties that:

1. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS AND AUDIOVISUALS. Forest Service support shall be acknowledged in publications and audiovisuals.

2. INDIRECT COSTS. Specific indirect cost rates are approved in the initial instrument 9 the rates change at any time during the performance period, the proposed adjustments shall be resubmitted to the Forest Service for verification, consideration, and approval, prior to the adjusted rates being billed Approved rates shall be incorporated by written modification.

3. ADMINISTRATIVE OFFSET AND CREDIT REPORTING. Pursuant to 31 U.S.C. 3716 and 7 CFR Part 3, Subpart B, any monies that are payable or may become payable from the United States under this Instrument to any person or legal entity, not an agency or subdivision of a State or local govemment may be subject to administrative offset for the collection of a delinquent debt the person or legal entity owes to the United States. lnformation on the person's or legal entity's responsibility for a commercial debt or delinquent consumer debt owed the United States shall be disclosed to consumer or commercial credit reporting agencies.

4. INTEREST, PENALTY, AND ADMINISTRATIVE COSTS. Pursuant to 31 U.S.C. 3717 and 7 CFR Part 3, Subpart B, an interest charge shall be assessed on any payment due the Government not made by the payment due date.

Interest shall be assessed using the most current rate prescribed by the United States Department of the Treasury Fiscal Requirements Manual (TFRM-6-8020.20). Interest shall accrue from the date the payment was due. In addition, in the event the account becomes delinquent, administrative costs will be assessed.

A penalty of 6 percent per year shall be assessed on any payment overdue in excess of 90 days from the payment due date.

Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments, fees, or calculation statements falls on a non-workday, the charges shall not apply until the close of business of the next workday.

5. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance.

6. TERMINATION. Either party(s) upon mutual agreement, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. Neither party(s) shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many obligations as is possible. Full credit shall be allowed for each parties expenses and all noncancellable obligations properly incurred up to the effective date of termination.

7. NONDISCRIMINATION. The cooperator shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal Laws, executive orders, regulations and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (40 U.S.C. 2000), which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX of the Education amendments of 1972 as amended (20 U.S.C. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex.

8. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forestd Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals.

9. OWNERSHIP. No part of this instrument shall entitle the cooperator to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service.

10. RESTRICTION FOR DELEGATES. Pursuant to to Section 22 Title 41, United States Code, no member of, or Delegate to, Congress shall be admitted to any share or part of this instrument, or any benefit that may arise therefrom.

11. OBLIGATIONS. Nothing herein shall be considered as obligating the Forest Service to expend or as involving the United States in any contract or other obligations for the future payment of money in excess of obligations approved and made available for payment under this Instrument and modifications thereto.

12. PRINCIPAL CONTACTS. The principal contacts for this instrument are:

USDA Forest Service

Jerry Cline

Box J

Elkhart, CO 67950

316-697-4621

316-697-4340 Fax

Steve Mackessy

Department of Biological Sciences

University of Northern Colorado

Greeley, CO 80639

970-351-2429

970-351-2335 Fax

13. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis-Bacon or Service Contract Act) are applicable as indicated below to any contract developed and awarded under this instrument where all or part of the funding is provided with Federal funds. Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contracts Act wage provisions apply to service contracts in excess of $2500. The Forest Service will award contracts in all situations where their contribution exceeds 50% of the costs of the contract. If a cooperator is approved to issue a contract it shall be awarded on a competitive basis.

14. LEGAL AUTHORITY. The cooperator has the legal authority to enter into this instrument, and the institutional, managerial and financial capability (including funds sufficient to pay non-Federal share of project costs) to ensure proper planning, management and completion of the project.

15. Availability of Funds. Funding in the amount of $4,500 is currently obligated for performance of this instrument through Sept. 30, 1997. The Forest Service's obligation for performance of this instrument beyond this date is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the Forest Service for any payment may arise for performance under this instrument beyond Sept. 30, 1997, until funds are made available to the Forest Service for performance and until it receives notice of availability. Contingent upon Forest Service approval of continuance of work, a written modification to the instrument shall be issued to include funding for the subsequent performance period as described in the approved operating or financial plan, or budget.

16. Extend Term. The Forest Service, by written modification to the instrument, may extend the term for subsequent performance periods no to exceed a total duration of 5 years from the execution date of the instrument, including the subsequent performance periods.

17. Endorsement. Any cooperator contributions made under this instrument do not by direct reference, or implication convey Forest Service endorsement of the cooperator's products or activities.

18. COMPLETION DATE. This instrument is executed as of the last date shown below and expires no later than September 30, 1997 at which time it is subject to review, renewal, or expiration.

IV. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date written below.

FS reimbursement shall be made at   58%  of actual expense incurred by the cooperator(s), over and above program income and other revenue such as contributions from third parties that exceed the estimated contributions, not to exceed a maximum FS contribution of   $4,500  .

This modification extends the term of this Challenge Cost-Share Agreement for one year, to September 30, 1998. This modification also increases the amount that the Forest Service will reimburse the cooperator from $4,500 to $6,000. All other terns of the Collection Agreement remain unchanged.