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Grant Number: 07 -CTE-K MEMORANDUM OF UNDERSTANDING Between Idaho Department of Lands And City of Moscow This Memorandum of Understanding (MOU) between the Idaho Department of Lands hereinafter referred to as IDL, and the City of Moscow, hereinafter referred to as GRANTEE, provides support for community forestry management. IDL agrees to reimburse appropriate expenditures not to exceed the award amount of $15,470.00. Funds are provided by the Idaho Department of Lands in cooperation with the Idaho Transportation Department. Signature of this MOU by the GRANTEE assures the recipient's workplace meets federal and state requirements including 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-1 02 (revised 8/29/97) Code of Federal Regulations 49 CFR Part 18, 20 and 29 Cost Principles OMB Circular A-87 (revised 5/10/04) Auditing Principles • OMB Circular A-133 (revised 6/27/03) NOTE: If you would like a copy of these Circulars, please contact the IDL Community Forestry Coordinator's office, or visit www.idl.idaho.gov (click on community forestry and then grants). The grant guidelines and conditions as set forth by the IDL and ITO include the following: 1. The GRANTEE will adhere to the proposal (application) and budget submitted to IDL, any revisions as attached to this MOU, and any future revisions per agreement with IDL. Should you desire to make any changes to the project (whether grant funded or part of GRANTEE'S match) you must ask for prior approval, in writing, from this office. Specific Project Scope items to be completed include: a. Purchase, plant, stake and mulch approximately 33 trees Memorandum of Understanding Between IDL and City of Moscow Page 1 of 4 2007-53 ---PAGE BREAK--- b. Purchase and install a drip irrigation system 2. The agreement period begins on December 1, 2007 and ends on December 31, 2008. The terms of the grant are enforceable until December 31, 2011. 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, 2007 and ends on December 31, 2008. All reimbursable and required GRANTEE match expenditures and activities must occur within the project period. Time extension requests must be received by IDL in writing 10 business days prior to the project end date and be approved by December 31, 2008 to be binding. 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 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 and 10% minimum cash match must accompany reimbursement request. These include copies of paid receipts/invoices, check numbers, etc. The enclosed Grant Expenditure Documentation Form or equivalent should also be included with reimbursement requests. b. Please note: Any GRANTEE claiming reimbursement for employees (interns or apprentices), or using that expenditure to meet minimum 10% cash match requirement, 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 January 31, 2009. Any funds not claimed by the GRANTEE by March 31, 2009 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 per the maintenance plan submitted with application. The IDL may periodically inspect grant projects within this time period for compliance. 7. Purchases of goods or contracts less than five thousand dollars ($5,000) may be acquired as each grant recipient sees fit, in accordance with good business practice and in the best interest of the state. Purchases of goods or contracts between $5,000 and $50,000 require acquisition to be publicly posted and no less than three vendors having a significant Idaho presence solicited to submit quotations. Award shall be made to the responsible and Memorandum of Understanding Between IDL and City of Moscow Page 2 of 4 ---PAGE BREAK--- responsive bidder offering the lowest acceptable quotations. See http://adm.idaho.gov/adminruleslrules/IDAPA3810501.pdf for specific requirements. Purchases exceeding $50,000 must be made through a formal bidding process. 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. If professional services (contracting with a consultant or other business) are bid and the services listed on the 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 enhancement projects within an existing Federal-aid highway or linked to a Federal-aid facility by proximity or impact must comply with wage requirements of the Davis Bacon Act. Contractors may not use volunteer labor on Davis-Bacon projects but state or local agencies can if the volunteers are under the direct control as a force account effort. 9. All tree and shrub planting activity under this grant must comply with IDL Community Forestry Tree Purchase and Planting Specifications (enclosed). Additional copies are available by contacting the IDL Community Forestry Coordinator or on-line. 10. 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. 11. All printed materials developed for distribution under this grant must be pre-approved by IDL prior to duplication and dissemination. 12. 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 Idaho Transportation Department." 13. The GRANTEE agrees to permit audits and post-audits by auditors of the State of Idaho 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 Memorandum of Understanding Between IDL and City of Moscow Page 3 of 4 ---PAGE BREAK--- 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.) 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: Grantee AuthorizetreJ:ty Offlda I AGREED: ldahOIYep artment of Lands I \ , ) \ frJ/ ' IDL Signatur v Original signed version due at the Department of Lands by ?'•'oiCmlle• 60, 2007. Memorandum of Understanding Between IDL and City of Moscow JtJ1 200'? Page 4 of 4