HomeMy WebLinkAbout91- Biological Weed Control Research Standard Cooperative Agreement (2)
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STANDARD COOPERATIVE AGREEMENT
AGREEMENT NO. 58-5432-1-211
The United States Department of Agriculture, Agricultural Research Service,
hereinafter referred to as ARS, and the City of Bozeman Water Department,
hereinafter referred to as the Cooperator, recognize that the results of
BIOLOGICAL WEED CONTROL RESEARCH are of mutual benefit, as well as of
benefit to all the people of the United States of America. In consideration
of such mutual benefit, the parties hereto agree as follows:
A. THE COOPERATOR AGREES:
1. To be responsible for:
Furnishing the following area which contains the noxious weeds
leafy spruge and Canada thistle, for use of ARS for the purpose
of carrying out entomological experiments for the control of
such weed species, such weed plants to be free from herbicide
application, mowing or disturbance by the cooperator during the
period of this agreement. This area, known as Lyman Creek is
located about 3 miles north east of the city of Bozeman, MT
2. To grant ARS representatives such rights to ingress or egress
use of property as may be required for the conduct of the
research and to obtain the results thereof.
3. To allow ARS to take necessary measures to protect the study
area, equipment, target plants, and bioagents, by various
methods (i.e. posting the research area and/or building or
allowing the construction of enclosure(s), fence(s), etc.)
against destruction or removal for the purpose of providing
accurate results in the research.
4. To allow ARS to take necessary measures to study various methods
of control of destructive and noxious weeds which are injurious
to the cooperator's land for the purpose of developing more
effective methods for economically controlling such weeds.
B. ARS AGREES:
1. To be responsible for:
Furnishing one or mor~ species of biological weed controlling
agents and such additional supplies, equipment, material, and
personnel as may be required to conduct research. A 11 supp 1 i es,
equipment, and material remain the property of the ARS.
Biological weed control agents outside the research area may
become the property of the cooperator with the approval of the
Researcher in Charge. All biological control agents within the
designated research area remain the property of the ARS until
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AGREEMENT NO. 58-5432-1-211
such time as the experiment is terminated. These agents then
become the property of the cooperator.
2. To use only such materials and equipment on the land or crops of
the Cooperator as have bee~ previously tested and have shown no
serious harmful effects at the concentrations and in the manner
employed.
3. To exercise all reasonable precautions to avoid injury to the
land, crops, or other property of the Cooperator.
C. IT IS MUTUALLY AGREED:
1. Federal Tort Claims Act procedures are available for use by the
Cooperator to recover financial or other losses suffered by the
Cooperator as a result of this Cooperative Agreement when the
loss is over and above the Cooperator's insurance liability
coverage and it can be demonstrated that the loss resulted from
a negligent act by a Federal employee acting within the scope of
his/her employment.
2. The responsibilities assumed by ARS are contingent upon funds
being available from which the expenditures may be met.
3. This agreement may be terminated by either party upon 60
calendar days' notice in writing to the other party.
4. Copies of correspondence between the Cooperator and the
Authorized Departmental Officer's Designated Representative
shall be sent to the Authorized Department Officer.
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UN.Tea STA~ DIKP,u,T.1&NT 0' ..G"'CU"T\I". T"l"C O~ lIcsc.o. ..o;~ AG III ClUollUOl'1'
RESEARQI AGReeMENT Standard Cooperative Agreement
A41l1....."T NO.. .. Q~ Ao;T10'"
. 58-5432-1-211 New
USDA-Agricultural Research Service 1 1991 1 1996
Northern Plains Area A "'-
2625 Redwing Road, Suite 350 S To be established
Fort Collins, CO 80526 AU
..IIPO.M,,,_ O"_"':z.AT10" / 5432-24000-005-00D 7 USC 3318
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CITY OF BOZEMAN
P o BOX 640 n/a n/a
BOZEMAN, MT
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USDA-Agricultural Research Service
.- PHILLIP J. FORBES Budget & Fiscal Unit
2625 Redwing Road, Suite 350
Fort Collins,'CO 80526
'1'1'1'1..& Q~ "_,j.~ . AUTMO.']\zD O.PAIITMlUOTA" o~...gll
...-.....TAn". /11___"*'-1'
Biologica 1 WPP6 Control Rf'search Norman E. Rees
USDA ARS Biological Control of Weeds Research
Culbertson Hall, MSU
\ Bozeman, MT 59717 Phone (406) 994-6405
~ This ~C Induda dl. failowilrI; BASIS FOR AWARD
/ .SbDmlllC of WGric; ..
DPraject Sqmmary. or
DpfOIJOAI; ...
D~ Pravi5ians-7C"K30U,Stdl.,: U (by rem.-l
OS~ PTovisions
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Oiecnnic:at ~ns. tv. Aqdlarlz8d Ol!l:u1lMftGl Otftat's
o Asc::u R"ons., - OllStcnaDd ~adw
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1) 7 CFR 3015.175 (b), concerning copyrights (by reference)
2) "Report of Invention and Subaward" requirements.
FOR THI UNrnD SfATIS OIPARTMINT 01' AGJlltCULTURI
AUTMQ"':l:ea O_A""'.ClOTA'- o~..,c:.. ~ NAMC AT'C
" Vincent Frank
~ 'Pu:u
uC Administrative Officer
JIORTH RP'C....lNG ORGAN.ZA'TlON .
~'- of ~ ...-......,. tIw...........1Ioth oftIW ..,..,...._ _ ._..~ co ___O'a..,..........,~
~ r~ ..-- ""0 TlT1.,.ll: r~/1 Z-/Cf I
DIRECTOR OF PUBLIC SERVICE
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........ AAS-oQil lliilMl CONTRACTORS COMPUTE CEHTlf1CATJONS ON REVERU UlIDA-"'''S
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THE PeRFORMING ORGANIZATION C!RT1FIES THAT IT:
1. CJ is. CJ is not, a small busineu concan.
2. CJ is. :J is ~ot. .a ,:"inority business en~rise.
3. (a) Dhu, Dha not, emplOYed or reained my company or per5Cn (other than a full.time bona fide employee workinl
solely few the perlormins OI'JiU1iz;ation) to ~icic OI!eCUfe this agreement, and
(b) CJ ha. a ha not, paid or agreed to pay my company or penon (other than a full-time bona fide employee werking
solely for the performins orpniation) any fee. commission, perceftQp, or broKence fee, Ctlntinpnt upon the award
of this agreement, and if so, agrees to furnish information relating, thereto as requested by the Authorized
Departmental Officer.
4. 0 ha,D hu not, I'wcipated in .a previous cancrxc. ~ent, or subc:cntnCt subject to Equal Opportunity and
Affirmative AlOtion Oanes herein met has ffled com"ianc. recxxu wftefw required.
5. OperateS.as 0 individual, 0 partner5hip. 0 c:orpontion. illCOfllOnted In tl'Iti State of' ,a
o public, 0 private, D eduation.ai institution 01 affiliate.
6. Applicable if Federai obllption exceeds S 100,000
(a) o has, 0 h.as not, been listed on the Environmenai Protection Apnci.s Un of Violatinl Facilities.
(b) Will prompdy notify the Authorized Oepmmentil OffiCer if .tf'te receipt'of any' communiCltions from the
Environmental Protection Agency indiatins that any facilitY used in tl'le performance of this agreement is
under consideration to be listed on the said' List of ViolatiI'tl"Faciliti'es.
(c) That this ceniflCltion, indudinlthis ~h (c), will be-indudtd in- fNflrI! subawans otsubcontnct.
7. Is in a position to undertake, perform, and c:omplete this agreemennnd will dilipndy perform Work in accordance with the (
Provisions.
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Report of Inventions and Subawards
A. General
1. The Cooperator shall submit interim and fi na 1 invent i on reports and
promptly give notification of the award of subawards containing a
"Patent Rights" clause to the ADOOR. Plain sheets of paper may be used
to make these reports.
2. An interim report is due at least every 12 months from date of award.
3. A final report is due within 6 months of termination if the Performing
Organization is. a small business firm or a domestic nonprofit
organization and within 3 months for all others.
B. Interim and Final Reoorts Contain:
1. Name of Cooperator.
2. Research Agreement number.
3. Research Agreement award date.
4. Type of Report (Interim or Final).
5. Reporting Period.
6. A listing of all inventions made and required to be reported.
a. The name of inventor(s).
b. The title of invention(s).
c. The disclosure number, patent application number, or patent number.
d. Information as to whether an election has been made to file patent
applications in the United States or foreign countries?
e. Information as to whether confirmation instrument assignments have
been forwarded to ARS?
7. Certification of compliance with required invention identification and
disclosure procedures and certification of reporting all of the
inventions.
8. Any required information not previously reported on subawards awarded
during the course of or under this Research Agreement and containing a
"Patent Rights" clause.
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C. Subaward Reoorts Contain:
1. Name of Cooperator.
2. Research Agreement number.
3. Research Agreement award date.
4. Type of Report (Interim or Final).
5. Report period.
6. Name of subawardee or subawardees.
7. Complete address of subawardee(s).
8. Subaward identification number.
9. The "Patent Ri ghts It clause incorporated, including year and date of
clause.
10. Description of work performed under subaward(s).
11. Date of subaward(s).
12. Estimated completion date(s).
D. Neqative reoorts are reauired.
E. Deoartment of Defense Form 882. Reoort of Inventions and Subcontracts. may
be used in lieu of the above narrative reoort.
I recJcJ.' '~/2-!5/1 (
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March 28, 1991
TO: Phi 11 Forbes
City of Bozeman Water Department
Ci t~' Courthouse
Bozeman, MT 59715
FROM: Norman E. Rees
Research Entomologist
USDA, ARS
Rangeland Weeds Laboratory
Biological Control of Weeds Research Unit
402 Culbertson Hall
Montana State University
Bozeman, MT 5971'7-0056
Enclosed is the Standard Cooperative Agreement forms for conducting research
on your property. The first form outlines the agreements between the
Cooperator (you) and ARS. Please check your name, address and the location of
the research site information for accuracy.
TIle second form is the Research Agreement and is bound to the first document
by the agreement number. The Research Agreement is a universal form and is
used for the classification to the proper government orgallization, and for the
signatures of the groups involved. However, since YOll are not a contractor
and no monies are involved, the back section does not apply and need not be
completed. The third page is also part of this from, and can be ignof'r'd.
T f tlw Standard Cooperat lve Agreement is acceptable, please sign and date the
two copies of the Reseal'cll Agreement Form at the bottom under the section "For
the Performing Organization". Retain one copy fOI' YOllr I'ecords and return the
other copy to me in the inclosed envelope. If you have any questions or
concerns, please call me at (406) 994-6405 or write me at the above address.
Man~' thank s.
Sincer-ely,
/y(~.'~r-
Norman E. Rees
Reseal'ch Entomologist
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