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MEA10RANDUM OF UNDERSTANDING 19 .'.pril 1993 BETWEEN THE STATE OF IDAHO DEPARTMENT OF LANDS AND City of Moscow This Memorandum of Understanding (MOU) between the IDAHO DEPARTMENT OF LANDS (IDL) and City of Moscow provides support for community forestry management. Funds are provided by the Idaho Department of Lands in cooperat±on with the United States Department of Agriculture (USDA), Forest Service (FS) as part of the Urban and Community Forestry Act conta°ned in the Stewardsh°p Act under the 1990 Farm Bill. Signature by IDL and City of Moscow of this MOU and the accompanyin9 packet of federal assurances, which guarantee and support equal employment r±ghts and drug-free work places, guarantees adherence to federal requ±rements. The grant guidelines and conditions as set forth by the USDA-FS and IDL include the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) City of Moscow will, to the extent possible, adhere to the proposal submitted to IDL (copy enclosed with award notification) and the final budget as enclosed (may differ from that submitted for administrative purposes). IDL agrees to reimburse appro²riate expenditures not to exceed the award amount of $4,813. IDL w±ll reimburse costs based upon a 50 percent match. The agreement period begins on the 1 April 1993 and ends on 30 October 1998. City of Moscow shall maintain any trees planted under this grant for at least five years after planting. If any trees are to be planted under this grant IDL may require City of Moscow personnel attend a tree care workshop g±ven or sponsored by IDL. Any notification pertaining to any substantive changes in the project shall be made by written correspondence. Shifts of more than ten percent between cost categories require advance approval. IDL shall make payment on a reimbursement basis based upon budget and performance reports submitted to IDL by City of Moscow at the mid-point and finish of the project. These reports shall be due by 4 PM on the dates delineated below: Mid-point Final 30 June 1993 30 December 1993 Budget summary reports shall be submitted on forms provided by IDL and shall support all pertinent expenses with copies of receipts, timeslips and other ap²ropriate documentation. Donated goods and services may count as ±n-kind match. 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 proj ects shall also include the numbers of trees planted and where the trees have been actually located). 31 ---PAGE BREAK--- 11) 12) 13) 14) 15) 16) 17) AGREED: Additional re®orts shall be required for planted trees to assure the 5 year maLntenance requirement is met. These brief reports shall Lnclude a description of the trees' condition, location, and percent of survival. Below are the report deadlines: First Annual Second Annual Third Annual Fourth Annual Fifth Annual 30 September 1994 30 September 1995 30 September 1996 30 September 1997 30 September 1998 City of Moscow agrees to permit audits and post-audits by puditors of the State of Idaho and the USDA-FS, or their representatives, of the project site and of all records pertaining to the project. This agreement terminates 30 days after the final annual report (30 October 1998) . All reimbursable activities must occur before 30 September 1993. Any funds not claimed by City of Moscow by 30 December 1993 shall be forfeited, unless IDL gives written authorization to extend the funding period. 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 re¯ort may result in the revocation of the grant; IDL may requ°re grant moneys already dispensed be returned. Requests to amend the proposal or this MOU shall be made by mail to either of the following: Community Forestry Coordinator or Chief, Bureau of Forestry Assistance P.O. Box 670 Couer d' Alene, ID 83816 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: City of Moscow IDAHO DEPARTMENT OF LANDS 122 E. Fourth - Moscow, ID 83843 (208) 882-0233 Idaho Department of Lands Original signed version due back at Department of Lands by 5 May 1993. 32 ---PAGE BREAK--- U.S. DEPARTMENT OF AGRICULTIJRE Certificl.tion R.egard.itg Debarment. S aspension, Ineligibility and Vohmtaxy Exclusion - Lower Tier Covered Tr:msactioiiS · · This a:rtifiotion · is required by the cm.s implenting becrtiYe Onier ll549, Debarment and S uspen.sio 7 CFR P:lrt 3017, Scaion 3017.510, P:lrticipaut.s' responsibilities. The n:gulatioa.s were publishq :1S P:1rt IV o{ the Janll:U')' 30, 1989, Fedeni Register 47Z!-fT.33). CDpies oC the ģatioa.s ƕy be obt:liaed by contacting the Department o{ Agric:ultnre agency with which this transadion originated.. (BEFORE COMPI.EI'ING CEKl'lF I CATION, READ INSI'RUCTIONS ON REVERSE) The prospective lower tier' participant cutilies, by submission o{ this propos.:U, th.:lt neither it nor · · its principals is pre:sently debarred. suspended. proposed for- debarment, dcd:lr-ed ineligible, or voluntarily e::cdaded !rom p:u-ticipation in this trallsolction by any Feder.U department or- agency. Where the prospective lower tier participant is unable to certify to any or the st:ltements in this cutifiotion, sucl:l prospective participant sh:ill att:lcl:l an e::cplaru1tion to this proposaL City of Moscow Paul C. Agidius, Mayor 1 PR/AW2rd Nambcr or ?roject Name 5/3/93 Form AD-1Ɩ ---PAGE BREAK--- U.S. DEPARThfENT OF AGRICULTURE Cerrifiotion Debarment, Saspensio and Other Responsibility Matters - Prim:uy Cavered Transactions This etttifiotion is required by the regulations implementi.ng Executive Onier 1.25491 Debarment and Suspension. 7 CFR Part 3017, Section 3017.510, P:lrticipants' rcst'Oasibilities. The rquiatioas were published. as P:lrt IV oC the Jantl3l")' 30, 1989, Ferler:1l Register (pago:s 47.!:Ɣ733). Copies of the re;ul.atioas may be obt.:tined by contacting the Department of Agriculture agoeney offering the propoő covered tr.msaaion. · (BEFORE COMPLETING CEKIIF'ICATION, READ INsrRUCilONS ON REVERSE) The prospective primary participant certifies to the best of its knowledge aDd belief, t.h:lt it and its principals: aÁ not pr-esently debarred, suspended. proposed for deb:l.rme.nt, deci!lred ineligible, or voluntarily excluded from covered tr:las:1ctioas by any Feder.U dep:u"tment or agency; have not within a three-ycu- period pŒ this proposal Ƒ convicted of or h:ld a civil judgment rendered against them for commission oC fraud or a crimio.al o1l'ense in coaaea:ion with obtaining, attempting to obe or performing a public: (Ferler.ll. State or local) tr:msaction or contract a public: tt:Lnsaction; viol:ltion of Feder.U or State antitrust statutes or commission of embc:::.!emcnt. theft. forge.:;, bribery, falsification or destruction of records, making false sutcme.nts, or receiviog stolen property; are not presently indicted for or otherwise criminally or civilly charged by a 'gove:-nmental entity (Feder:Jl. St.:J.te or loc::U) with commission of any of the oiTc:nses e.nnmerated in pnr.1gr.1ph of this c-..rti!iotion; :1nd have not within a three-yur period pre=d.in.g this appliotion/propos:ll had one or more public: transac::tioas (Federal, St:lte or loo.l) tu:ni.nated for ouse or default. 'Mlere tbe prospective primary participant is unable to c--I"tify to any of the stateme!lts in this certifiotion, such prospeaive p:1r..icipaot sb.:lll atuch an explanation to this propos:ll. City of Moscow OƓion Name PR/Aw:ard ;'-iumt.r or P'roj«t Name Paul C. AQidi!IS, Mayor l'i;unc and Title o{ Authorized Rc-pÂnucin 5/3/93 Dace Form AD-lƒi CZ/89) ---PAGE BREAK--- U.S. DEPA.RTh!ENT OF AGRICULTURE CERTIFICATION REGARDING DRUG-FREE WORKPlACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS This o:rtiiicltioa is rquired by the rr:gul:uions impiemenciag Se:::tions 5151-5160 of the Drug-free Wpricpl:1e% Act of 1.988 (Puh. I- 100-690, Title V, Subtitle D; 41 U-S.C. 701 ct seq.), 7 CFR P:lrt 3017, Subf F, Section 3017..600, Purpose.. The Jaaaary 31. 1989, regulations WU'e amended and published as Part nor the May 25, 1.990 Federal Register (pages 21681-Z1691). Copies o( the regulations may be obt.:lined by eoabcting the Department oC AgrioJtu.n: agency offering the g:r:LDt. (BEFORE CO:MPLETING CEKI1F I CATION, READ INSI'RUCI10NS ON PAGE 3) Alternative I A. The grantee o:rtifies that it Ɛill or will c:onrinoe to provide a drug-free worl.1Jlace by: Publishing a statement notif:ing employees th:lt the unlawful ID.:lllufacture. distribution, dispen5ing, possession. or use of a c:ont:rUlled subst:lnce is · prohibited ia the grantee's workplace and specifying the actions that will be t:lken against employees for violation of sodJ prohibition; Establishing an ongoing drug-free awareness progi'4ID to inform employees about The dangers of drug abu in the wor).-plac:e; The grant1:1:'s policy of maincining a drng-f woclq:llao::; Any av:1ilable drug c:ounseiing. reh!lbilit:ltion. and employÍ assisunce progr.:ms; and The penalties that may be impoÌd upon employees for drug abuse viobtion.s occurring in the workplace:; Making it a requirement that each emplo)U to be eDgaged in the performance of the gr:mt be given a c:opy of the statement required by p:u':lgr.tph Notifying the emploÎ in the statement requirerl by paragr:1ph th:lt, as a condition of employment under the gr:lllt, the employee will - Abide by the te.g of the statement; :md Notify the employer in writing of bis or her conviction for a viobtion of a criminal drug s-tatute oo:u1"1'io.g in the workpl.aa no later than five olend.:lr days after such c:oavictioa; Notifying the agency in writing. within ten o.ieDd.:lr days aller I"'ettiving notice under subpar:tgraph from an emploÎ or otherwise ving acrual notice of such c:onvic-Jon. Employers of convicted employees must provide notice, induding position 1 Form AD-1c9 (REV S/90) ---PAGE BREAK--- UD' d Sata Ġt oi ğ F OC"esC Ǝia Assurance of Compliance With The of Agriculture Regul2tion Under Title VI of 1"he Cjvil Rights Act of 1964 C_i_t _y " o# s_c_o-:'w he:e .in :a ite: c:olled the "A pp lic3 ot" f Na•u• o{ Appiic4Al RccÃ<>•¿"'J HEREBY AGREES THAT it will Y.io Title VI of me Civil Rights Act. of 1964 (PL 88-352) aod :oll reýuuement3 imposed by or puuuant co me Regulations oLthe U.S. Department of Agric-.Jlture (7 CFR Pan: 15) issued pursuant to tb2t Ace; aod HEREBY GNES ASSURANCE THAT it "'ll'ill immed.i.:a cely t:olce any measures cec:e:ssary to effectuate dus agreement. rt any relll property or structure thereon IS p to.,. id e d or improYCd vith the aid of F¾eral financial asiscanc:e extended to the Applicant by the Department, this assur OU!ce shall obligate the Applicant, or in the cue of aoy transfer ol such property, any tr.lnsferee, for the period during which the real property or St."'UC:ture is used for a pur pose for which the Fed eral financial ass1stanc:e .is extended odor another purpose ioYOlT in¾ the rÀ·:ision of simiiar services or benefits [£any pe:sonal property is so provided, this asƍur:1nce .shall obligate the Applicant for the period during which it ;e:aios owner ship or possession of the property. In all other ca..ses, this assurance shall obligate the Applicant for the period during which the Fede:al financial assistance is extend to it by the Department. THIS ASSURANCE is given in cons1dention of and for the purpose ol obtaining any and all Federal financial assistance e:ttcded after the date hereof to tile Applioot by the Forest Service, U.S. Department of AgriC".llture on account of: The Appli c:nt reco gniz.es and agrees thac such Federal f.inanc.ial assistance will be extended in reliance on the þepresenracions aod agree:nents ::ade in cilis assurance, and that the Uniced Stares in addition to any other rights and re:nedies provided by cis assurance, the Civil Rights Acr o{ 1964, or the Regulations issued thereunder, shall haYe the right to enforce thi:s agreem ent by suit for specific: perfor.nanc:e or by any othe: available re:nedy under the laws of the Uo1ted Scares or the Scate in which the breach o r violation occ..:rs. This assurance is binding oo the Applicant. irs successors, :raosfe:ees, and as signees, and the person or pe:sons vhose s1goacures a p p ear belo"'ll' are authorized ro sign this assurance on behalf of the Applicant. Dated --ġs,f-oĢ,f-' f!l!!II.JƏ- p a Box g?m By Moscow, Idaho 834J Paul C. Agidius, Mayor l7DO- L( ll/77)