Northern Prairie Wildlife Research Center
A Survey of the Herpetofauna of the Comanche National Grasslands in Southeastern
Challenge Cost-Share Agreement and Modification
CHALLENGE COST-SHARE AGREEMENT
USDA FOREST SERVICE, ROCKY MOUNTAIN REGION,
PIKE AND SAN ISABEL NATIONAL FORESTS
UNIVERSITY OF NORTHERN COLORADO
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.
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
- 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
P.O. Box 300
Elkhart, KS 67950
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
- 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
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,
- 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
- 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
- USDA Forest Service
- Jerry Cline
- Box J
- Elkhart, CO 67950
- 316-697-4340 Fax
- Steve Mackessy
- Department of Biological Sciences
- University of Northern Colorado
- Greeley, CO 80639
- 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
- 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.
Costs for Payment Purposes
Shares For Payment
|Total FS Share =
(a + b + h) / k
|**FS Reimbursement to Cooperator
b / (b + c - j) = p
|Coop. Federal Cash Contribution =
(e / k)
|Cooperator Noncash Contribution
c - j / (b + c - j) = q
|Total Federal Share =
l + m = n
|Total Cooperator Contribution =
(c + f + g) - (j) / k
|Total (n + o) =
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 .
MODIFICATION NO. 1
CHALLENGE COST-SHARE AGREEMENT CCS-2-12-96-07-063
USDA FOREST SERVICE
PIKE & SAN ISABEL NATIONAL FORESTS
UNIVERSITY OF NORTHERN COLORADO
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.
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