Pacific Northwest CESU

Each Federal Agency agrees to:

1. Provide administrative assistance, as appropriate, necessary to execute this agreement and subsequent modifications;
2. Conduct, with the Host University and Partner Institutions, a program of research, technical assistance and education related to the Pacific Northwest CESU objectives and to the extent allowed by each Federal Agencies' authorizing legislation;
3. Provide opportunities for research on federal lands or using federal facilities in cooperation with Federal Agencies, as appropriate, and according to all applicable laws, regulations and Federal Agencies' policies;
4. Provide funds for basic support and salary for release time of Host University and Partner Institution faculty, as appropriate;
5. Provide project funds and/or collaboration to support specific research, technical assistance and education projects, as appropriate;
6. Make available managers to serve on the Pacific Northwest CESU Manager's Committee;
7. Comply with the Host University's and Partner Institutions' rules, regulations, and policies regarding professional conduct, health, safety, use of services and facilities, use of animals, recombinant DNA, infectious agents or radioactive substances, as well as other policies generally applied to Host University and Partner Institution personnel;
8. Ensure its employees follow the Code of Ethics for Government Employees;
9. Allow Federal Agency employees to participate in the activities of the Host University and Partner Institutions, including serving on graduate committees and teaching courses, as appropriate, and as specifically determined in modifications to the agreement; and
10. Be individually responsible for their agency's role in administering the agreement, transferring funds, and supervision of agency employees, as appropriate.

The Host University agrees to:

1. Establish, in consultation with the Federal Agencies and Partner Institutions, the Pacific Northwest CESU;
2. Conduct, with participating Federal Agencies and Partner Institutions, a program of research, technical assistance and education related to the Pacific Northwest CESU objectives;
3. Provide release time for faculty to engage in participating Federal Agencies research, technical assistance and education activities related to the Pacific Northwest CESU objectives, as appropriate;
4. Provide basic administrative and clerical support as appropriate;
5. Provide access for Pacific Northwest CESU staff to campus facilities, including library, laboratories, computer facilities on the same basis or costs as other faculty members of the Host University to the maximum extent allowable under state laws and regulations;
6. Provide suitable office space, furniture and laboratory space, utilities, computer network access and basic telephone service for Federal Agencies personnel to be located at the Host University, as appropriate;
7. Offer educational and training opportunities to participating Federal Agency employees, as appropriate;
8. Encourage its students to participate in the activities of the Pacific Northwest CESU;
9. Coordinate activities, as appropriate, with the Partner Institutions and develop administrative policies for such coordination; and
10. Establish a Pacific Northwest CESU Manager's Committee and convene a meeting of this committee, at least annually, to provide advice and guidance, review of the annual work and multi-year strategic plans, and assist in evaluating the Pacific Northwest CESU.

Each Partner Institution agrees to:

1. Conduct, with participating Federal Agencies and the Host University, a program of research, technical assistance, and education related to the Pacific Northwest CESU objectives and provide release time for faculty to participate in the program as appropriate;
2. Offer educational and training opportunities to participating Federal Agency employees, as appropriate; and
3. Encourage students and employees to participate in the activities of the CESU.

All Federal Agencies, the Host University and Partner Institutions agree to:

1. Establish and maintain the Pacific Northwest CESU closely following the CESU Introduction (June 1999), adapting key elements to local and regional needs, as appropriate;
2. Develop and adopt a Pacific Northwest CESU role and mission statement;
3. Develop a multi-year strategic plan;
4. Make modifications, as appropriate, to this agreement that individually include a specific "scope of work" statement and a brief explanation of the following:
   (a) the proposed work and what is being modified in the agreement;
   (b) the project contribution to the objectives of the CESU;
   (c) the methodology of the project;
   (d) the substantial involvement of each party;
   (e) the project budget and schedule;
   (f) the specific deliverables;
5. Coordinate in obtaining all necessary state, federal, and tribal permits and/or permissions from private landowners in order to conduct projects occurring under this agreement;
6. Follow OMB Circulars A-21, A-87, A-102, A-110, and A-133, as appropriate, and specifically 43 CFR Part 12 (Department of the Interior), and 7 CFR Parts 3015-3052 (Department of Agriculture).

The technical representatives for the Federal Agencies are as follows:

1. Bureau of Land Management
   Bob Alverts
   Bureau of Land Management
   Oregon State Office
   1515 S.W. 5th Avenue
   P.O. Box 2965
   Portland, OR 97201
   (503) 952-6021
   bob_alverts@blm.gov

2. U.S. Fish and Wildlife Service
   Denny Lassuy
   Research Coordinator-Region 1
   U.S. Fish and Wildlife Service
   911 N.E. 11th Avenue
   Portland, OR 97232-4131
   (503) 872-2763
   denny_lassuy@fws.gov

3. U.S. Geological Survey-Biological Resources Division
   Darryll Johnson
   USGS
   College of Forest Resources
   University of Washington
   15 Anderson Hall, Box 352100
   Seattle, Washington 98195-0952
   (206) 685-7404
   darryllj@u.washington.edu

4. National Park Service
   Linda Whitson
   Natural Resource Program Assistant
   Columbia Cascades Support Office
   National Park Service
   909 First Avenue
   Seattle, WA 98104
   (206) 220-4259
   linda_whitson@nps.gov

5. U.S. Forest Service
   Dr. Robert Szaro
   Assistant Station Director
   Pacific Northwest Research Station
   U.S. Forest Service
   PO Box 3890
   Portland, OR
   97208-3890
   (503) 808-2115

The technical representative for the Host University is:

Dr. Kristiina Vogt
Dean
College of Forest Resources
University of Washington
107 Anderson Hall
Box 352100
Seattle, WA 98195-2100
(206) 685-0952

The technical representatives for the Partner Institutions are:

1. Heritage College
   Mark Patruncio
   Professor

2. Oregon State University
   Denise Lach
   Co-Director
   Center for Water and Environmental Sustainability

   Ken Williamson
   Co-Director Center for Water and Environmental Sustainability

3. Tuskegee University
   Walter Hill
   Dean College of Agricultural, Environmental and Natural Sciences

4. University of Alaska -Anchorage
   Steven Colt
   Professor

5. University of Alaska -Southeast
   Mary Lou Madden
   Interim Dean of Faculty

6. University of British Columbia
   John A. McLean
   Acting Dean
   Faculty of Forestry

7. University of Idaho
   Charles R. Hatch
   Dean
   College of Natural Resources

8. University of Oregon
   Robert Melnick
   Dean
   College of Agriculture

9. University of Vermont
   Robert Manning
   Professor

10. Washington State University
    Edward J. DePuit
    Chair
    Department of Natural Resource Sciences

11. Western Washington University
    Bradley Smith
    Dean
    Huxley College of Environmental Studies

12. Alaska Department of Fish and Game
    Frank Rue
    Commissioner

    Kenton Taylor (Designee)
    Director for Habitat and Restoration

Upon signature of all parties and upon satisfactory submission of a budget from the Host University, the Federal Agencies will obligate funds as follows:

Bureau of Land Management
$10,000 is awarded to the Host University to carry out this agreement.

U.S. Fish and Wildlife Service
$10,000 is awarded to the Host University to carry out this agreement.

U.S. Geological Survey-Biological Resources Division
$10,000 is awarded to the Host University to carry out this agreement.

National Park Service
$10,000 is awarded to the Host University to carry out this agreement.

U.S. Forest Service
$10,000 is awarded to the Host University to carry out this agreement.

A 15% indirect cost rate will be paid on work covered by the agreement and all its modifications. An exception is that the US Forest Service cannot reimburse "state cooperative institutions" for indirect costs, pursuant to 7 USC 3103(16) and 7 USC 3319. Indirect costs may be used to satisfy USFS cost-sharing requirements.

No indirect cost will be charged by the Host University for funds transferred directly from a participating Federal Agency to a Partner Institution via a modification to the agreement.

Annual work plans will be developed to guide the specific activities of the Pacific Northwest CESU and will:

1. Describe the Pacific Northwest CESU's ongoing and proposed research, technical assistance and education activities;
2. Describe anticipated projects and products; and
3. Identify faculty, staff and students involved in the Pacific Northwest CESU during the year.

The first annual work plan (for FY2001) will be delivered 120 days from the date this agreement is executed. Five (5) copies of the annual work plan will be delivered to each Federal Agency.

REQUIRED PROVISIONS:

1. NON-DISCRIMINATION: All activities pursuant this agreement and the provisions of Executive Order 11246; shall be in compliance with requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252 42 U.S.C. § 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. § 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. § 6101 et seq.); and with all other Federal laws and regulations prohibiting discrimination on grounds of race, color, national origin, handicap, religious or sex in providing of facilities and service to the public.
2. CONSISTENCY WITH PUBLIC LAWS: Nothing herein contained shall be deemed to be inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the District establishing, affecting, or relating to the agreement.
3. APPROPRIATIONS (Anti-Deficiency Act, 31 U.S.C. 1341): Nothing herein contained in this agreement shall be construed as binding the Federal Agencies to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations.
4. OFFICIALS NOT TO BENEFIT: No Member of, Delegate to, Resident Commissioner in, Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom, unless the share or part benefit is for the general benefit of a corporation or company.
5. LOBBYING PROHIBITION: The parties will abide by the provisions of 18 U.S.C. 1913 (Lobbying with Appropriated Moneys), which states: No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation: but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business.
6. LIABILITY PROVISION:
   Governmental Parties

   The Federal Agencies, Host University and Partner Institutions which are governmental parties, accept responsibility for any property damage, injury, or death caused by the acts or omissions of their respective employees, acting within the scope of their employment, to the fullest extent permitted by law, including laws concerning self-insurance.

   To the extent work by governmental parties is to be performed through sub-contract by non-governmental entities or persons, the governmental party sub-contracting work will require that subcontracted entity or person to meet provisions (a),(b), and (c) for non-governmental parties stated below.

   Non-governmental Parties

   Work provided by non-governmental entities or persons, will require that entity or person to:
   (a) Have public and employee liability insurance from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000) per person for any one claim, and an aggregate limitation of three million dollars ($3,000,000) for any number of claims arising from any one incident. In subsequent modifications, the parties may negotiate different levels of liability coverage, as appropriate. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk; and
   (b) Pay the United States the full value for all damages to the lands or other property of the United States caused by such person or organization, its representatives, or employees; and
   (c) Indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising out of, or from, any omission or activity of such person organization, its representatives, or employees.

   Non-governmental Partner Institutions shall provide the Federal Agencies confirmation of such insurance coverage, prior to beginning specific work authorized herein and specified in subsequent modifications.

SPECIAL PROVISIONS:

1. Joint publication of results is encouraged; however, no party will publish any results of joint effort without consulting the other. This is not to be construed as applying to popular publication of previously published technical matter. Publication may be joint or independent as may be agreed upon, always giving due credit to the cooperation and recognizing within proper limits the rights of individuals doing the work. In the case of failure to agree as to the manner of publication or interpretation of results, either party may publish data after due notice (not to exceed 60 days) and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility of any statements on which there is a difference of opinion.
2. That the results of any cooperative studies may be used for development of theses in partial fulfillment of requirements for advanced degrees and nothing herein shall delay theses publication.
3. Individual modifications shall include specific plans for data management, sharing, and archiving, as appropriate.

The following are to be incorporated into this agreement:

1. Budget for funds awarded in this agreement
2. DI-2010, Certifications for the Host University and Partner Institutions regarding debarment, suspension and other responsibility matter, drug-free workplace requirements and lobbying.

The following are attached:

1. ATTACHMENT 1 - Financial Status Report, SF 269A
2. ATTACHMENT 2 - Request for Advance or Reimbursement, SF 270
3. ATTACHMENT 3 - ACH Payment, SF3881
4. ATTACHMENT 4 - Example Modification Template