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U USDA, Forest Service OMB 0596-0217 <br />FS- 1500-8 <br />any successor provision of law; <br />(2) May pursue other remedies available for the recipient's <br />material failure to comply with award terms and conditions. <br />S. Federal wage provisions (Davis -Bacon or Service Contract Act) are applicable to any <br />contract developed and awarded under this agreement where all or part of the funding is <br />provided with Federal funds. Davis -Bacon wage rates apply an all public works <br />contracts in excess of $2,000 and Service Contract Act wage provisions apply to service <br />contracts in excess of $2,500. The U.S. Forest Service will award contracts in all <br />situations where their contribution exceeds 50 percent of the cost of the contract. If the <br />Cooperator is/are approved to issue a contract, it shall be awarded on a competitive basis. <br />T. This agreement in no way restricts the U.S. Forest Service or the Cooperator from <br />participating in similar activities with other public or private agencies, organizations, and <br />individuals. <br />U. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text <br />Messaging 'While Driving," any and all text messaging by Federal employees is banned: <br />a) while driving a Government owned vehicle (GOV) or driving a privately owned <br />vehicle (POV) while on official Government business; or b) using any electronic <br />equipment supplied by the Government when driving any vehicle at any time. All <br />cooperators, their employees, volunteers, and contractors are encouraged to adopt and <br />enforce policies that ban text messaging when driving company owned, leased or rented <br />vehicles, POVs or GOVs when driving while on official Government business or when <br />performing any work for or on behalf of the Government. <br />V. Any information furnished to the U.S. Forest Service under this agreement is subject to <br />the Freedom of Information Act (5 U.S.C. 552). <br />W. This agreement is executed as of the date of the last signature and, unless sooner <br />terminated, shall be effective for a period of five years through December 31, 2023. <br />X. By signature below, each party certifies that the individuals listed in this document as <br />representatives of the individual parties are authorized to act in their respective areas for <br />matters related to this agreement. In witness whereof, the parties hereto have executed <br />this agreement as of the last date written below. <br />Page 8 of 9 (Rev. 9-15) <br />