HomeMy WebLinkAboutA3124 - BIA INDIAN AFFAIRS AGUA CALIENTE COOPERATIVE AGR PRE-FIRE SUPPRESSION MO5036 Bureau of Indian Affairs
Cooperative Agreement
UNITED STATES pre-Fire Suppression Activity
DEPARTMENT OF THE INTERIOR AGREEMENT #3124
BUREAU OF INDIAN AFFAIRS M05036, 7-15-92
ASSiISTANCE AGREEMENT - ------- ---
Page 1 of
1. AGREEMENT NUMBER 2. TYPE OF AGREEMENT 3. REQUISITION NUMBER
AG2J5000014 C ) Grant
City #3124 [ X ] Cooperative Agreement
4. ISSUED BY 5. RECIPIENT
U. S. Department of Interior City of Palm Springs Fire Department
Bureau of Indian Affairs 300 North E1 Cielo Road
2800 Cottage Way Palm Springs, California 92262
Sacramento, CA 95825
6. NAME, ADDRESS AND PHONE NO. OF 7. NAME, ADDRESS, AND PHONE NO. OF
ASSISTANCE REPRESENTATIVE RECIPIENT'S PROJECT MANAGER
Tom Robertson Same as block #6
(619) 323-8185
8. PROGRAM STATUTORY AUTHORITY 9. CLASS OF RECIPIENT
Cooperative Agreement City Government
PLo95my124ct of 1932 (31 USC 686)
10. EFFECTIVE DATE 11. COMPLETION DATE
7-1-92 6-30-97
12. TOTAL AMOUNT OF (not to exceed) 13. ACCOUNTING AND APPROPRIATION DATA
AGREEMENT $ 250,000
as per each modification
AMOUNT OF FUNDS
OBLIGATED $
14. PROJECT TITLE
City of Palm Springs agreement for Natural Resources activities.
15. Acceptance of this Assistance 16. Acceptance of this Assistance Agreement in
Agreement in accordance with the accordance with the terms and conditions
terms and conditions contained contained herein is hereby made an behalf
herein is hereby made on behalf of of the United States of America, Bureau of
Indian Affairs.
I SPRINGS
M OF RECIP HT
BY
SIG(FrURE DATE SIGNATURE DATE
ROB PARKINS
GRACIE A. MURILLO, 1420-4190-1093
TYP AME w`r�Ar TYPED NAME
�TeT TITLE Contracting Officer
h, H SUPIICH �
PHONE (6 9� a 3 -8l8S PHONE (916) 978-4685
APPROVED By7HEaTyC 1L
BY No. S 3�
d %rc�
-3i��
• • � 114
I. Purpose and Objective of Project:
The purpose of this agreement is to jointly, with the City of Palm Springs,
conduct Natural Resource activities as funding for each project becomes
available. Specific project activities will be identified by modification of
this agreement.
A. THE BUREAU OF INDIAN AFFAIRS MILL BE RESPONSIBLE FOR:
a. Will obtain the necessary consent from the Indian owners of lands on
which the proposed activities will take place.
b. Will confer and coordinate with the State of California and other
Federal Agencies when joint activities are beneficial to the
implementation of projects.
c. The Bureau will reimburse the City of Palm Springs for costs identified
in each amendment. The cost shall not exceed those agreed to in
advance of each project as per each modification.
B. THE CITY OF PALM SPRINGS MILL BE RESPONSIBLE FOR:
a. Will submit invoices for work performed as described in each
modification. Cost reimbursement to be claimed by the City of Palm
Springs shall be for the actual cost to the City of Palm Springs, as
determined by the City of Palm Springs, in concurrence with the Bureau
of Indian Affairs, for those services or items that were necessarily
used in order to complete each project as described in each
modification shall include:
1. Salaries and wages for permanent, seasonal or other Palm Springs
personnel engaged in the project. The salary for each employee
class will be calculated at an hourly wage based upon the Federal
Fair labor Standard Act. Overtime shall be reimbursed only if it
has been approved in advance by the Bureau of Indian Affairs.
2. The actual direct cost to Palm Springs of additional personnel hired
in connection with each project and used exclusively on the project
as identified in each modification.
3. The actual equipment operation costs expended by the City of Palm
Springs on the project. The cost shall be calculated by using the
lower of the following rates: (1) hourly or mileage rate for each
class of vehicle, as listed on the Fire Cost Reimbursement Tables
prepared annually by the State of California, or (2) the standard
Federal Fire cost rates assigned to equipment involved.
4. The actual cost to the City of Palm Springs for supplies, materials,
and rental equipment used on each project.
B. Training and Certification
a. To prepare and schedule annual fire training for Palm Springs
employees and the Bureau of Indian Affairs.
��3
b. For projects the fire program all positions will be filled with
employees who meet or exceed the same level of training and/or
certification as required of Bureau employees by the Bureau of
Indian Affairs manual (53 BIAM Supplement 8).
C. Funding
Funding will be itemized for each project by modification to this agreement.
It is agreed that the City of Palm Springs will create and maintain itemized
accounting for each project.
It is to be expressly understood that the Government has no obligation to
provide funds in addition to those reserved in writing on each modification.
Funds obligation: Funds will be paid upon the Bureau of Indian Affairs, Area
Forester approval of invoices.
D. Payments
Payment will be made for all allowable costs incurred under terms of this
agreement and in accordance with OMB Circular A-87. Invoices shall be
submitted in triplicate to:
Bureau of Indian Affairs
Branch of Forestry
2800 Cottage Way
Sacramento, California 95825
Invoices shall be in sufficient detail to permit review and analysis of costs
incurred. Cost items shall include, but not, necessarily be limited to
category and hours of labor expended, material and supply cost, travel and per
diem, and other direct costs. Support documentation may be required at the
discretion of the Bureau of Indian Affairs contracting officer. Each invoice
shall reference the specific cooperative agreement number and modification
number.
E. Performance Period
This agreement will be in effective for five years from the effective date.
a. PROPERTY
The Recipient shall request disposition instructions for any and all items
of equipment with a residual value exceeding $5, 000. 00 per unit which are
purchased with funds provided under this Agreement. Said disposition shall
be requested in accordance with OMB Circular A-102 or A-128 and forwarded
to the address below no later than 30 days after completion of the period
of performance of the instant Agreement.
U.S. Department of the Interior
Bureau of Indian Affairs
2800 Cottage Way
Attn: Contracting Officer
Sacramento, California 95825
3/3
II. GENERAL PROVISIONS:
A. Modifications. Any changes to this Agreement shall be made by means
of a written modification. Changes dealing with administrative
matters (such as in changes of address) may be made by a unilateral
modification. A modification pursuant to the below clause
Termination for Cause, may also be made unilaterally. A modification
issued solely for funding a Federal Fiscal Year may be made
unilaterally. Any other changes shall be made by a bilateral
modification (signed by both parties). No written statement by any
other person than the Grants and Cooperative Agreements Officer, and
no oral statement of any person, shall be allowed in any manner or
degree to modify or otherwise affect the terms of the Agreement.
B. Termination for Cause. The Bureau may terminate the Agreement in
whole, or in part, at any time before the date of completion,
whenever it is determined that the Recipient has failed to comply
with the conditions of the Agreement. The Bureau shall promptly
notify the Recipient in writing of the determination and the reasons
for the termination, together with the effective date.
C. Termination for Convenience. The Bureau or the Recipient may
terminate the Agreement in whole, or in part, when both parties agree
that the continuation of the project would not produce beneficial
results. The two parties shall agree upon the terminations
conditions, including the effective date and, in the case of partial
terminations, the portions to be terminated.
D. The Bureau of Indian Affairs may terminate this Agreement upon the
passage of 30 days advance written notice of such termination. The
Servicing Agency shall be reimbursed for its commitments extending
beyond the effective date of termination to a date not later than the
date upon which the agreement would have expired if not terminated
under this paragraph, which the Servicing Agency, in the exercise of
due diligence, is unable to cancel. Payment under this Agreement,
including payments under this article, shall not exceed the ceiling
amount elsewhere specified in this Agreement.
E. Utilization of Small Business Concerns and Small Disadvantaged
Business Concerns.
a. It is the policy of the United States that small business
concerns and small business concerns owned and controlled by
socially and economically disadvantaged individuals shall have
the maximum practicable opportunity to participate in performing
grants and cooperative agreements awarded by any Federal agency.
b. The recipient hereby agrees to carry out this policy in the
awarding of subagreements and contracts to the fullest extent
consistent with efficient grant/cooperative agreement
performance. The Recipient further agrees to cooperate in any
studies or surveys as may be conducted by the United States
Small Business Administration or the awarding agency of the
United States as may be necessary to determine the extent of the
Recipient's compliance with this clause.
y/1 3
F. As used in this Agreement the term 'small business concern" shall
mean a small business as defined pursuant to section 3 of the Small
Business Act and relevant regulations promulgated pursuant thereto.
The term "small business concern owned and controlled by socially
and economically disadvantaged individuals' shall mean a small
business concern:
a. Which is at least 51 percent owned by one or more socially and
economically disadvantaged individuals; or in the case of any
publicly owned business, at least 51 per centum of the stock of
which is owned by one or more socially and economically
disadvantaged individuals; and
b. Whose management and daily business operations are controlled by
one or more of such individuals.
G. The Recipient shall presume that socially and economically
disadvantaged individuals include Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans, Asian-
Indian Americans and other minorities, or any other individual
found to be disadvantaged by the Administration pursuant to
Section 8(a) of the Small Business Act.
H. Recipients acting in good faith may rely on written representation
by their subrecipients or contractors regarding their status as
either a small business concern or a small business concern owned
and controlled by socially and economically disadvantaged dividuals.
I. The Recipient is required to report quarterly on their utilization
of minority business enterprises in subcontracts and subgrants on
Standard Form (SF) 334, Minority Business Enterprise Utilization
Report. Enclosed is one copy of SF-334 for your use. You are
authorized to reproduce this form. The completed SF-334 shall be
submitted to both the issuing office and the Office of Small and
Disadvantaged Business Utilization (OSDBU), within 10 days after the
end of each fiscal year quarter.
J. Equal Employment Opportunity: All contracts awarded in excess of
$10, 000 by the recipient and its contractors or subcontracts shall
contain a provision requiring compliance with Executive Order 11246,
entitled "Equal Employment Opportunity, " as amended by Executive
Order 121375, and as supplemented in Department of Labor regulations
(41 CFR part 60).
III. OMB CIRCULARS:
All OMB circulars, with date of latest revision, are applicable to this
Agreement, as set forth below. These circulars are incorporated by
reference and carry the same effect as if physically attached hereto.
The Recipient is responsible for an appropriate flow-down of the
requirement of the applicable OMB circular(s) in all subagreements or
contracts awarded hereunder.
The administrative requirements and cost principles applicable to the
subrecipient or contractor depend on the subrecipient, and not the prime
recipient, and may, therefore, differ from the cost principles and
administrative requirements applicable to the prime Recipient.
- OMB Circular A-21, Revised February 26, 1979 "Cost Principles for
Educational Institutions"
- OMB Circular A-87, Revised October 14, 1988 'Cost Principles for State
and Local Governments'
- OMB Circular A-88, Revised October 28, 1985 "Indirect Cost Rates, Audit
and Followup at Educational Institutions'
- OMB Circular A-102 Revised March 11, 1988 'Uniform Administrative
Requirement for Grants-in-Aid to State and Local Governments'
- OMB Circular A-110, Revised July 30, 197G 'Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of
Higher Education, Hospitals, and Other Nonprofit Organizations"
- OMB Circular A-122, Revised April 27, 1984 'Cost Principles for
Nonprofit Organizations"
- OMB Circular A-128, Revised November 13, 1987 'Audit of State and Local
Government"
- OMB Circular A-133, Revised March 8, 1990 'Audit of Institutions of
Higher Education and other Nonprofit Institutions"
A. When the Recipient/Subrecipient is a State or local government,
including an Indian tribal government, the applicable requirements are
set forth in OMB Circular A-102 Revised. The audit requirements are
contained in OMB Circular A-128. Applicable costs shall be determined
in accordance with OMB Circular A-87.
B. When the Recipient/Subrecipient is an institution of higher education,
a hospital, or other nonprofit organizations the applicable
requirements are set forth in OMB Circular A-110. Standards for
financial management systems for any of these recipients are contained
in Attachment F thereto. The audit requirements are contained in OMB
Circular A-133. In awards to institutions of higher education,
applicable costs shall be determined in accordance with OMB Circular
A-21 and indirect cost rates shall be established in accordance with
OMB Circular A-88. When the Recipient is a nonprofit organization,
applicable costs shall he determined in accordance with OMB Circular
A-122 Revised.
C. When the Recipient/Subrecipient is a commercial organization, the
basic principles of OMB Circular A-110 shall be incorporated into the
award to the extent applicable, however, cost principles shall be in
accordance with Part 31 of the Federal Acquisition Regulation (FAR),
Subchapter 31.2 entitled, "Contracts with Commercial Organizations. "
6/i3
INDIAN PREFEREN& DEPARTMENT OF THE INTERIOR (* 1984)
a. The Contractor agrees to give preference to Indians who can perform
the work required regardless of age (subject to existing laws and
regulations), sex, religion, or tribal affiliation for training and
employment opportunities under this contract and, to the extent
feasible consistent with the efficient performance of this contract,
training and employment preferences and opportunities shall be
provided to Indians regardless of age (subject to existing laws and
regulations), sex religion, or tribal affiliation who are not fully
qualified to perform under this contract. The contractor also
agrees to give preference to Indian organizations and Indian-owned
economic enterprises in the awarding of any subcontract consistent
with the efficient performance of the contract. The Contractor
shall maintain such records as are necessary to indicate compliance
with this paragraph.
b. In connection with the :Indian employment preference requirements of
this clause, the Contractor shall also provide opportunities for
training incidents to such employment. Such training shall include
on-the-job, classroom, or apprenticeship training, which is
designated to increase -the vocational effectiveness of an Indian
employee.
c. If the Contractor is unable to fill its training and employment needs
after giving full consideration to Indians as required by this
clause, those needs may be satisfied by selection of persons other
than Indians in accordance with the clause of this contract entitled
'Equal Opportunity. '
d. If no Indian organizations or Indian-owned economic enterprises are
available for awarding of subcontracts in connection with the work
performed under this contract involving utilization of small business
concerns, small business concerns owned and controlled by socially
and economically disadvantaged individuals, or labor surplus are
concerns.
e. As used in this clause:
1. "Indian' means a person who is a member of an Indian Tribe. If
the Contractor has a reason to doubt that a person seeking
employment preference is an Indian, the Contractor shall grant
the preference but shall require the individual, within 30 days,
to provide evidence from the Tribe concerned that the person is a
member of that Tribe.
2. "Indian Tribe' means as Indian tribes, band, nation, or other
organized village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat.
668; 43 U.S.C. 1601) which is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians.
70
///1-9
3. 'Indian organization' means the governing body of any Indian
Tribe or entity established or recognized by such governing body
in accordance with the Indian Financing Act of 1974 (88 Stat. 77;
24 U.S. C. 1451).
4. 'Indian-owned economic enterprises' means any Indian-ovned
commercial, industrial or business activity established or
organized for the purpose of profit provided that such Indian
ownership shall constitute not less than 51 percent of the
enterprise.
f. The Contractor agrees to include the provisions of the clause
including this paragraph (f) in each subcontract awarded under this
clause.
g. In the event of noncompliance with this clause, the Contractor's
right to proceed may be terminated in whole or in part by the
Contracting Officer and the work completed in a manner determined by
the Contracting Officer to be in the best interest of the Government.
INDIAN PREFERENCE PROGRAM (SUBCONTRACTS) - DEPARTMENT OF THE INTERIOR
(APR 1984)
a. In addition to the requirements of the clause of this contract
entitled 'indian Preference-Department of the Interior, ' the
Contractor agrees to establish and conduct an Indian preference
program which will expand the opportunities for Indians to receive
preference for training and employment in connection with the work to
be performed under this contract. In this connection, the contractor
shall:
1. Designate a liaison officer who will (i) Maintain liaison with the
Government and Tribe (s) on Indian preference matters; (ii)
supervise compliance with the provisions of this clause; and (iii)
administer the Contractor's Indian preference program.
2. Advise its recruitment sources in writing and include a statement
in all advertisements for employment that Indian applicants will be
given preference in employment and training incidents to such
employment.
3. Not less than 20 calendar days prior to commencement of work under
this contract, post .a written notice in the Tribal Office of any
reservations on which or near where the work under this contract is
to be performed, which sets forth the Contractor's employment needs
and related training opportunities. The notice shall include the
approximate number and types of employees needed, the approximate
dates of employment the experience or special skills required for
employment, if any; training opportunities available; and all other
pertinent information necessary to advise prospective employees of
any other employment requirements. The Contractor shall also
request the Tribe (a) on or near whose reservation (s) the work is
to be performed to provide assistance to the Contractor in filling
its employment needs and training opportunities. The Contracting
Officer will advise the Contractor of the name, location, and phone
number of the Tribal officials to contact in regard to the posting
of notices and requests for Tribal assistance.
0
4. Establish and conduce: a subcontracting program which gives
preference to Indian organizations and Indian-owned economic
enterprises as subcontractors and suppliers under this contract.
Consistent with the efficient performance of this contract, the
Contractor shall give public notice of existing subcontracting
opportunities by soliciting bids of proposals only from Indian
organizations or Indian-owned economic enterprises. The Contractor
shall request assistance and information on Indian firms qualified
as supplies or subcontractors from the Tribe (a) on or near
reservation (s) the work under the contract is to be performed.
The Contracting Officer will advise the Contractor of the name,
location, and phone number of the Tribal officials to be contacted
in regard to the request for assistance and information. Public
notices and solicitations for existing subcontracting opportunities
shall provide an equitable opportunity for Indian firms to submit
bids or proposals by including: (i) A clear description of the
supplies and services required including quantities,
specifications, and delivery schedules which facilitate the
participation of Indian firms; (ii) a statement indicating the
preference will be given to Indian organizations and Indian-owned
economic enterprises in accordance with Section 7(b) of P. L.
93-638. (88 Stat. 2205; 25 U.S.C. 450e; (iii) definitions for the
terms "Indian organization' and 'Indian-owned economic enterprises'
as prescribed under the 'Indian Preference Department of the
Interior' clause of this contract; (iv) a representation to be
completed by the bidder or offerer that is an Indian
organization or Indian-owned economic enterprise; and (v) a closing
date for receipt of bids or proposals which provide sufficient time
for preparation and submission of a bid or proposal.
If, after soliciting bids from Indian organizations and Indian-
owned economic enterprises, no responsive bid is received the
Contractor shall comply with the requirements of paragraph (d) of
the "Indian Preference-Department of the Interior" clause of this
contract. If one or more responsive bids are received, award shall
be made to the low responsible bidder if the bid price is
determined to be reasonable as to price, the Contractor shall
attempt to negotiate a reasonable price and award a subcontractor.
If a reasonable price cannot be agreed upon, the Contractor shall
comply with the requirements of paragraph (d) of the 'Indian
Preference-Department of the Interior" clause of the contract.
9113
0 J / A ' ?
5. Maintain written records under this contract which indicates: (i)
The names and addresses of all Indiana seeking employment for each
employment position available under this contract: (ii) the number
of types of positions filled by: (A) Indians and (B) non-Indians,
and the name, address, and position of each Indian employed under
this contract; (iii.) for those positions where there are both
Indian and non-Indian applicants and a non-Indian is selected for
employment, the reason (S) why the Indian applicant was not
selected; (iv) actions taken to give preference to Indian
organizations and Indian-owned economic enterprises for
subcontracting opportunities which exist under this contract, (v)
reasons why preference was not given to Indian firms as
subcontracting or suppliers, for each requirement where it was
determined by the Contractor that such preference would not be
consistent when the efficient performance of the contractor; and
(vi) the names and addresses of all Indian organizations and
Indian-awned economic enterprises; (A) contacted and (B) receiving
subcontract awards under this contract.
6. The contractor shall submit to the Contracting Officer for approval
a semiannual report which summarizes the contractor's Indian
preference program and indicate the number and types of available
positions filled and dollar amounts of all subcontracts awarded to
(a) Indian organizations and Indian-owned economic enterprises and
(b) all other firms.
7. Records maintained pursuant to this clause will be kept available
for review by the Government until expiration of one (1) year after
final payment under this clause of this contract or by applicable
laws or regulations.
b. For purposes of this clause, the following definitions of terms
shall apply:
1. The terms 'Indian, ' 'Indian Tribe, ' 'Indian Organization' and
'Indian-owned Economic Enterprise' are defined in the clause of
this contract entitled 'Indian Preference. '
2. 'Indian Reservation' includes Indian reservations, public domain
Indian allotments, former Indian reservations in Oklahoma, and land
held by incorporated Native groups, regional corporations, and
village corporations under the provisions of the Alaska Native
Claims Settlement Act (85 Stat. 688; 43 U. S.C. 1601 et seq. )
3. 'On or near an Indian Reservation' means on a reservation or
reservations or within that area surrounding an Indian reservation
(s) where a person seeking employment could reasonably be expected
to commute to and from in the course of a work day.
c. Nothing in the requirements of this clause shall be interpreted to
preclude Indian tribes from independently developing and enforcing
their own Indian preference requirements. Such requirements must not
hinder the Government's right to award contracts and to administer
their provisions.
d. The contractor agrees to include the provisions of this clause
including this paragraph (d) in each subcontract awarded under this
contract to notify the Contracting Officer of such subcontracts.
e. In the event of noncompliance with this clause, the contractor's right
to proceed may be terminated in whole or in part by the Contracting
Officer to be in the best interest of the Government.
/�fo
UNITED STATES
DEPARTMENT OF THE INTERIOR r
BUREAU OF INDIAN AFFAIRS
MODIFICATION OF ASSISTANCE AGREEMENT
Page .I- of
1. MODIFICATION NUMBER 2. EFFECT'EVE DATE 3. REQUISITION NUMBER
4. ISSUED BY 5. ACCOUNTING AND APPROPRIATION DATA
U.S. Department of Interior
Bureau of Indian Affairs (See Page 2)
2800 Cottage Way
Sacramento, CA 95825 6. FUNDING INFORMATION
RECIPIENT BIA
7. RECIPIENT NAME AND ADDRESS
THIS
OBLIGATION $ S
PREVIOUS
OBLIGATION $ S
8. COOPERATIVE AGREEMENT C ) GRANT [ )
NO. TOTAL
DATED OBLIGATION S S
9. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
It modifies the above numbered assistance agreement as set forth in Block 8.
10. DESCRIPTION OF MODIFICATION:
TITLE OF THE AGREEMENT:
(Block 10 continued on Page 2)
Except as provided herein, all terms and conditions of the document referenced in Block 8,
as heretofore changed, remain unchanged and in full force and effect.
11. Acceptance of this Modification in 12. Acceptance of this Modification in
accordance with the terms and accordance with the terms and conditions
conditions contained herein is contained herein is hereby made on behalf of
hereby made on behalf of the United States of America, Bureau of
Indian Affairs.
NAME OF RECIPIENT
BY BY
SIGNATURE DATE SIGNATURE DATE
TYPED NAME TYPED NAME
TITLE TITLE Contracting Officer
PHONE PHONE (916) 978-4685
ra �i3
0
Block 10 (continued) :
DESCRIPTION: The completion date referenced in Article 2 of the agreement titled "Term of
Agreement" is hereby extended from , through
Agreement of the parties to this modification constitutes agreement of the budget for the
period . through pursuant to Article 7 titled "Submittal
of Proposed Budgets. "
ADJUSTMENT OF THE AMOUNT: As a result of this modification the total estimated amount of the
agreement is hereby increased by
NOTICE OF CHANGE IN FUNDS OBLIGATED:
PERIOD OF PERFORMANCE ADJUSTMENT: As a result of this modification the performance period is
extended from through