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Mou/Moa - 2004 - Idaho Department Of Lands - 11/15/2004 Grant Number: 04-UCF-B MEMORANDUM OF UNDERSTANDING Between Idaho Department of Lands And City of Eagle This Memorandum of Understanding (MOU) between the Idaho Department of Lands hereinafter referred to as IDL, and the City of Eagle, hereinafter referred to as GRANTEE, provides support for community forestry management. IDL agrees to reimburse appropriate expenditures not to exceed the award amount of$1,500.00. Funds are provided by the Idaho Department of Lands in cooperation with the United States Department of Agriculture Forest Service (USDA-FS) as part of the Urban and Community Forestry Act contained in the Stewardship Act under the 1996 Farm Bill (CFDA No. 10.664). Signature of this MOU by the GRANTEE assures the recipient's workplace meets federal and state requirements such as the following: equal employment opportunities exist, the workplace is drug-free, that no funds will be used to lobby members of Congress, and that no companies debarred from federally-funded contracts will be used. The following standards for federal grants to state agencies, tribes and local governments apply to the monies disbursed pursuant to this MOU: Administrative Principles • Office of Management and Budget (OMB) Circular A-102 (revised 8/29/97) • Code of Federal Regulations 7CFR Part 3016, 3017 and 3018 Cost Principles • OMB Circular A-87 (revised 5/10/04) Auditing Principles • OMB Circular A-133 (revised 6/24/97) NOTE: If you would like a copy of these Circulars, please contact the IDL Community Forestry Coordinator's office, or visit www.idaho.gov/lands (click on community forestry and then grants). The grant guidelines and conditions as set forth by the USDA-FS and IDL include the following: 1. The GRANTEE will adhere to the proposal (application) and budget submitted to IDL and/or as revised by agreement(see enclosed copy of application for potential revisions). Should you desire to make ma changes to the project (whether grant funded or part of Memorandum of Understanding Between IDL and City of Eagle Page 1 of 4 GRANTEE'S match)you must ask for prior approval, in writing, from this office. Specific Project Scope items to be completed include: a. Purchase and plant 15 trees in The Eagle Sports Complex. 2. The agreement period begins on December 1, 2004 and ends on September 30, 2005. The terms of the grant are enforceable until September 30, 2008. Federal and state laws and regulations pertaining to grants, records and auditing may remain enforceable longer. Local laws and regulations, which may be more restrictive, apply. 3. The project period begins on December 1, 2004 and ends on September 30, 2005. All reimbursable expenditures and activities must occur within the project period. 4. IDL shall make payment on a reimbursement basis. IDL will reimburse costs based upon documented expenditures up to the award amount. The amount due shall be based upon budget and performance reports and financial documentation submitted to IDL by the GRANTEE. These reports may be submitted monthly, quarterly, or at the end of the project period. Additionally, GRANTEE reimbursement of the project is contingent upon IDL approval of the project. a. Project costs must be summarized on a reimbursement request form. Documentation supporting all project costs submitted for reimbursement must accompany reimbursement request. These include copies of paid receipts, invoices, checks, etc. The enclosed Grant Expenditure Documentation Form or equivalent should aso be included with reimbursement request. b. Please note: Any GRANTEE claiming reimbursement for employees (interns or apprentices) must follow strict federal time recording regulations. For reimbursement, GRANTEE must submit enclosed Grant Recipient Labor Worksheet or equivalent. c. Performance reports shall include a narrative describing the work done to the date of the report. Describe what was done over what period of time and by whom. Planting projects shall also include a list of the species of plant materials planted, the number of each species and where the trees are located. A final narrative performance report is required summarizing project accomplishments prior to final reimbursement. This report may be used by IDL to promote grant program accomplishments. 5. Final grant reimbursement request should be received by October 30, 2005. Any funds not claimed by the GRANTEE by December 31, 2005 will be forfeited, unless IDL gives written authorization to extend the reimbursement period. 6. If any plant materials (trees, shrubs and perennials) are planted as part of the project, the GRANTEE is required to ensure plant materials are maintained in a healthy condition for 3 years after the project period ends. The IDL may periodically inspect grant projects within this time period for compliance. 7. All purchases of goods and services of$500 or more must be competitively procured. Written documentation must be maintained as to the parties solicited and notified, bid amounts and the justification for selection if the low bid is not accepted. Conducting bids for professional services (contracting with a consultant or other business): Memorandum of Understanding Between IDL and City of Eagle Page 2 of 4 If the services listed on bid request are to be evaluated on criteria other than price alone, GRANTEE must have written bid specifications detailing evaluation criteria. If accepted bid is not the lowest cost, GRANTEE must maintain in file justification for chosen bid. 8. All tree and shrub planting activity under this grant must comply with IDL"Tree Purchase and Planting Specifications" (enclosed). Additional copies are available by contacting the IDL Community Forestry Coordinator. 9. Tree pruning must be done or supervised by an ISA Certified Arborist. Under no circumstances will these funds be used to top, head or stub any public tree. Pruning and removal of trees must comply with current editions of American National Standard for Tree Care Operations—Standard Practices, ANSI A300 and American National standard for Tree Care Operations—Safety Requirements, ANSI Z133.1. 10. All printed materials developed for distribution under this grant must be pre-approved by IDL prior to duplication and dissemination. 11. Any brochures, videos, other educational materials, or press releases developed as part of the project shall include a written or verbal statement, which shall provide credit for"A grant from The Idaho Department of Land's Community Forestry Program in cooperation with the USDA Forest Service." 12.Any brochures, videos, or other educational materials shall state: "This document was funded in part by a grant from the Idaho Department of Lands Community Forestry Program in cooperation with the USDA Forest Service. The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status.To file a complaint, call (202) 720-5964." 13.The GRANTEE agrees to permit audits and post-audits by auditors of the State of Idaho and the USDA-FS, or their representatives, of the project site and of all records pertaining to the project. 14. Requests to amend the proposal or this MOU shall be made in writing to: Community Forestry Coordinator Idaho Department of Lands 3780 Industrial Avenue South Coeur d'Alene, Idaho 83815 15. Failure to comply with the proposal or to meet the above requirements may result in grant cancellation or the retention of grant funds by IDL. Misrepresentation of fact in the proposal or an accomplishment report may result in the revocation of the grant. IDL may require grant moneys already dispensed be returned. 16. The GRANTEE assures that state and federal laws and certifications are in place including the following: a. Civil Rights—policies and practices of non-discrimination b. Debarment and Suspension—no vendor or contractor debarred or suspended from being able to work under a federal grant will receive any money under this grant project. (Idaho Department of Commerce maintains lists secured from the federal government.) Memorandum of Understanding Between IDL and City of Eagle Page 3 of 4 c. Drug-Free/Smoke-Free Workplace d. Lobbying—no grant funds will be used for lobbying to influence legislation. e. Avoidance of Conflict of Interest 17.The sections of this MOU are presumed severable. If any section, or part thereof, or the application of any section to any person or circumstance is declared invalid, that invalidity does not affect the validity of any remaining sections. AGREED: AGREED: Grantee Idaho D- 'ailment o Lan•s Au orize'VC .ffic al IDL Authorized ignature iN\cu,,b r- /i-M"-0 V / . 0 Title I Date Date Original signed version due at the Department of Lands by November 22, 2004. Memorandum of Understanding Between IDL and City of Eagle Page 4 of 4