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FOREST SERVICE HANDBOOK
DENVER, CO
FSH 1509.11 - GRANTS AND AGREEMENTS HANDBOOK
R2 Supplement No. 1509.11-93-4
Effective June 30, 1993
POSTING NOTICE. Supplements to this title are numbered consecutively. Post by
document name. Remove entire document and replace with this supplement.
Retain this transmittal as the first page of this document. The last supplement to
this Handbook was Supplement 1509.11-93-3 to Chapter 10.
Page Code
82.7--1 through 82.7--5
83--1 through 83--2
Superseded Sheets
3
1
Supplements Covered
R2 Supplement 03, 03/82
Document Name
1509.11,80
Digest:
Updates to Electronic Format.
ELIZABETH ESTILL
Regional Forester
Superseded New
(Number of Pages)
6
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FSH 1509.11 - GRANTS AND AGREEMENTS HANDBOOK
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CHAPTER 80 - EMPLOYMENT, TRAINING, AND VOLUNTEER PROGRAM
AGREEMENTS
82 - SAMPLE AGREEMENTS.
82.7 - Volunteers in the National Forest Act of May 18, 1972, PL 92-300, As
Amended. Exhibit 01 is a sample agreement with a State prison/ reformatory for
the use of prisoners.
Prior to executing the sample agreement, you must inform the authorized
corrections official that the Forest Service can only accept the services of prisoners
on a "voluntary" basis. The prisoners should not be forced to participate in the
various work projects because such an action would violate the intent of the Act of
May 18, 1972, PL 92-300.
Volunteers (prisoners) shall receive no salary from the Forest Service. If incidental
expenses (FSM 1833.1) are provided for such items as transportation and food, the
following clause shall be added to "B, The Forest Service Shall" section of the
sample agreement.
5. Pay to the State an amount per day as agreed to in the Annual Work and
Financial Plan for each inmate furnished for project work to prevailing Stateauthorized rate for transportation furnished to transport inmates to the work area.
Payments shall be made from monthly billing, supported by an itemization of costs
agreed to in the Annual Work and Financial Plan.
82.7 - Exhibit 01
AGREEMENT FOR SPONSORED VOLUNTARY SERVICES
(Act of May 18, 1972, P.L. 92-300)
Name of Sponsor/Organization (Print)
Sample State Reformatory, Department of Corrections
Address (Street, city, state, Zip code)
2200 Oak, Anyplace, Colorado 12345
We desire to make available the volunteer services of the following person(s) to
assist with Forest Service Work:
The additional clauses and list of inmates volunteering their services are attached
to, and made a part of, this Agreement.
1.
(if more space is needed, use reverse)
Description of work to be performed:
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Annual Work and Financial Plan will be attached to, and made a part of, this
Agreement.
2.
The above-described work will be contributed to the Forest Service. Except as
provided below, the work performed by the participants will not confer on them
or on our employees, or officers the status of federal employees.
3.
We will provide the Forest Service with a listing of participants and man-hours
or man-days contributed to accomplish the work in item 1 above.
4.
We will obtain parental or guardian consent for each individual under 18 years
of age and will comply with child labor laws.
5.
John R. Guard
is hereby designated to serve as our liaison with the Forest
Service in day-to-day operations under this agreement.
6.
We understand that either the Forest Service, or we, may cancel this agreement
at any time by notifying the other party.
Signature
/s/ RICHARD E. ROE
| Date
|
ACCEPTANCE FOR THE FOREST SERVICE
The Forest Service agrees, while this agreement is in effect, to:
1.
Provide such materials, equipment, and facilities as are available and needed
in performing the work described above.
2.
Finance necessary incidental expenses of sponsored participants to the extent
such expenses cannot be borne by the sponsor, and to the extent Forest Service
funds are available. The maximum Forest Service funding of such incidental
expenses shall be set forth in an accompanying financial plan for each fiscal
year or portion of a fiscal year.
3.
Consider sponsored participants as federal employees for the purpose of tort
claims and compensation for work injuries, to the extent not covered by the
sponsor.
4.
Authorize sponsored participants to operate federal motor vehicles when
necessary; provided the individual qualifies for, and is issued, a U.S.
Government Operator's Identification Card.
SIGNATURE
TITLE
UNIT
DATE
/s/ John B. Doe
Forest Supervisor, Sample NF
TERMINATION OF AGREEMENT
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Agreement Terminated on
Month, Day, Year
Signature of Forest
Service Officer
Remarks:
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AGREEMENT
between
Sample State Reformatory, Department of Corrections
and
Sample National Forest, USDA Forest Service
THIS AGREEMENT, made and entered into by and between the Sample State
Reformatory, Department of Corrections, hereinafter referred to as State, and the
Forest Service, U.S. Department of Agriculture, hereinafter referred to as the
Forest Service, under the provisions of the AGREEMENT FOR SPONSORED
VOLUNTARY SERVICES (Form FS-1800-8), dated May 12, 1982.
WITNESSETH:
WHEREAS, the State has established, maintains, and operates a penal
institution at Anyplace, Colorado; and,
WHEREAS, the State is vitally interested in the conservation of the natural
resources of the United States and is desirous of lending its aid and support to the
protection, development, and improvement of National Forest land within the
Sample National Forest; and,
WHEREAS, it is for the mutual benefit of the State and the Forest Service to
assist and cooperate in a program of intensifying and, where possible, developing
the Forest resources and doing necessary improvement work in such ways as will
contribute to the public welfare; and,
WHEREAS, the State is desirous of participating in a conservation work
program as a means of providing healthful, wholesome, and educational outdoor
activity, valuable job training, and development programs for State adult inmates
who are regarded as felony offenders; and,
NOW, THEREFORE, it is agreed as follows:
A.
The State Shall:
1. Furnish adult inmates from the Sample State Reformatory,
adequately equipped and clothed to do forestry work described hereafter. Inmates
will be selected from those who request, on a voluntary basis, to be assigned to such
forestry work. Labor details may be available for 8 hours a day, including travel
time, Monday through Friday, or 40 hours a week.
2. Provide all necessary medical attention, except first aid on the work
projects and shall provide to the Forest Service written instructions outlining the
procedure that the State desires to have followed in case of serious injury to or
illness of inmates while on work projects.
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3. Be responsible for housing, feeding, clothing, and regular medical aid
of the inmates.
4. At all times, have full jurisdiction over and be responsible for
discipline and control of inmates assigned for Forest Service use under this
Agreement; provide the necessary security personnel, at their discretion, to
accompany crews while on project work.
5. Instruct State personnel that they shall receive from the Forest
Service the designation of the work to be done and the name of the Forest Service
foreman under whose technical direction the work is to be done.
6. In connection with the performance of work under the Agreement,
the State agrees not to discriminate against any inmate because of age, sex, race,
religion, color or national origin.
B.
The Forest Service Shall:
1. Assign fully qualified and experienced Forest Officers to provide
technical direction for work crews on all programs undertaken within the terms of
this Agreement. These employees will give specific direction as to what and how
project work is to be done, provide technical advice, make necessary corrections or
changes in project design and give final approval of project work before crews
proceed to next job. Assure that crews are working in a safe manner and using tools
correctly. Conduct safety meetings with crews on a continuing basis. In the event
that the work crews do not produce the required amount of work, or to Forest
Service standards, or do not work in a safe manner, the Forest Officers will advise
the State liaison officer.
2. Advise their personnel that they shall not mail or deliver letters for
inmates or barter, gamble, or furnish money, alcohol, drugs or tangible goods to any
inmate or State employee, nor furnish any other item or substance prohibited by the
Sample State Reformatory.
3. Prepare annually a Fiscal Year Accomplishment Report and furnish a
copy of report to the State by November 1 following the close of the fiscal year.
4. Provide, as needed, all essential tools, equipment, and material to
conduct the project work to be performed by the inmates.
C.
it is Mutually Agreed and Understood by and between the Said Parties
That:
1. Work to be performed shall be based on the needs of the Forest
Service and shall be agreed upon by both parties in the tentative program prepared
each October for the coming year. Documentation of work to be performed shall be
on the Annual Work and Financial Plan.
2. Fire suppression work shall not be performed under this Agreement.
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3. The State and the Forest Service shall maintain all tools, vehicles,
etc., which they furnished, in a safe and workable condition.
4. Inmates placed under this program are not Federal employees for
the purpose of laws administered by the Office of Personnel Management and do
not have title to any Federal benefits such as insurance, retirement, leave, etc. The
Forest Service shall have no responsibility for payment of wages or other expenses
of enrollees, for which the State has full and exclusive responsibility.
5. Any facilities or land resources developed or improved under this
Agreement shall be and remain the property of the United States.
6. Nothing herein shall be construed as obligating the Forest Service to
expend or as involving the United States in any contract or other obligation for the
future payment of money in excess of appropriations authorized by law and
administratively allocated for this work.
7. No Member of or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this agreement, or to any benefit that may
arise therefrom; but this provision shall not be construed to extend to this
agreement if made with a corporation for its general benefit.
8. Forest Service personnel providing technical assistance to inmates
shall be acquainted with policies of the Department of Corrections. Copies of such
policies shall be furnished the Forest Service.
9. The Forest Service personnel shall submit progress reports on the
inmates under their technical administration upon request from the State. The
Forest Service shall not be liable for the misconduct or unauthorized absence of
inmates.
10. The Forest Service shall not be liable for sickness, accidents, or
death of individuals engaged in any activity conducted under this Agreement,
unless caused by the negligence of the United States.