1240BG26Q0014 Attachment 04 - Non-Disclosure Agreement.pdf

USDA, Forest Service

OMB 0596-0217

FS-1500-13B

FS Agreement No. - - -

Cooperator Agreement No.

NONDISCLOSURE AGREEMENT

It is necessary for the Forest Inventory and Analysis (FIA) Program, PNW Research Station of the USDA Forest Service (hereinafter referred to as the Provider) and <NAME> who is employed by <COMPANY>. to have concluded that the following understanding should establish the conditions under which the Proprietary Information of the USDA Forest Service, can be disclosed to Rry Tree Service Inc.

This Agreement will provide access to certain information, including confidential plot locations and associated inventory data for the project PNW FIA field plot measurement, and/or to attend meetings in which such information is discussed or otherwise made available. This may include sensitive but unclassified information provided to USDA Forest Service by other agencies of the

United States Government.

The specific conditions of this agreement are:

a. All individual sample site location data are confidential. Making or distributing copies of reports, computer files, or data sets containing these sample site locations is strictly prohibited unless specifically authorized by FIA. Both the original and any copies of the data must be secured in order to avoid any unauthorized access. Summaries that could directly or indirectly reveal the location and/or identity of an FIA sample site may not be published nor made public to anyone not covered by this agreement.

b. Any attempt to identify the sample site locations is forbidden.

c. These confidential data will be used for "collection, statistical, analytical and research purposes" only, and for purposes that enhance the Forest Inventory and Analysis

Program.

d. DISSEMINATION OF OWNER-SPECIFIC DATA, WHETHER IN ORIGINAL FORM

OR AGGREGATED, WITH PERSONS OTHER THAN THE OWNER OR THOSE

WHO ARE DIRECTLY ASSOCIATED WITH THE PROJECT FOR WHICH THE

DATA WERE OBTAINED IS STRICTLY PROHIBITED.

e. Confidential data, including sample site locations and any derived layers from which sample site locations could be recovered, will only be stored and used on a computer with security restrictions on file access which include password protection and the absence of a connection to wide area networks other than the firewall-protected Forest Service network. Other arrangements may be considered on a case-by-case basis.

f. Any questions regarding access to unpublished data, propriety of reports or analysis shall be referred to the Program Manager, Forest Inventory and Analysis Program, Pacific

Northwest Research Station, USDA Forest Service for appropriate response.

g. Landowners requesting location specific information (maps, photos, etc.) should be

USDA Forest Service

FS-1500-13

instructed to contact the Program Manager, Forest Inventory and Analysis Program, Pacific Northwest Research Station, USDA Forest Service to make a formal request for information.

For and in consideration of the mutual understandings <NAME> and the U.S. Forest Service, it is hereby agreed:

1. The Proprietary Information may include, for example, data, know-how, formulas, processes, designs, sketches, photographs, plans, drawings, specifications, samples, reports, customer lists, price lists, studies, findings, inventions or ideas, but is not limited to those items.

2. The Provider intends to maintain the confidential status of its Proprietary Information.

3. The Provider shall designate or mark the proprietary nature of its Proprietary Information so Recipient is aware that its receipt is governed by the terms of this Agreement.

4. The parties' representatives for disclosing and receiving Proprietary Information are designated below. Said representatives shall make all arrangements and be informed of all communications relating to this Agreement. Any changes in representative by one party shall be made upon written notice to the other party.

5. Individuals listed in Article 18 below are authorized to act in their respective areas for matters related to this agreement.

6. Recipient shall exercise reasonable care to prevent disclosure of Provider’s Proprietary

Information to any third party, except as may be authorized in writing by Provider, and internal dissemination of Provider's Proprietary Information by Recipient shall be limited to those employees whose duties justify their need to know such information and then only on the basis of a clear understanding by these employees of their obligation to maintain the confidential status of such information and to restrict the use of such information solely to the use granted to Recipient under this Agreement.

7. The Confidential Information shall be excluded from confidentiality if Recipient can demonstrate that (a) it had possession of the information prior to disclosure, or (b) the information generally is available to the public at the time of disclosure, or becomes generally available, after disclosure, through no fault of Texas A&M University-

Kingsville; or (c) Recipient receives the information from a third party having the right to the information and who does not impose confidentiality, or (d) Recipient developed the material/information independently.

8. USDA, Forest Service personnel performing under this agreement shall be aware of and perform according to the U.S. Forest Service Code of Scientific Ethics found at:

http://www.fs.fed.us/research/publications/fs_code_of%20_scientific_ethics.pdf http://www.fs.fed.us/research/publications/fs_code_of%20_scientific_ethics.pdf

9. This agreement in no way restricts the U.S. Forest Service or Recipient from participating in similar activities with other public or private agencies, organizations, and individuals.

10. The Provider shall not be liable to the Recipient or any third party for any damages incident to the performance of this agreement.

11. This Agreement shall be governed and construed by accordance with the laws of the

United States of America as practiced in the Federal Courts located in the District of

Columbia.

12. FS will treat all information generated or gathered under this agreement in accordance with the Freedom of Information Act Except: FIA plot location, ownership information, and private business information is not subject to federal FOIA. EXEMPTION 3

SUBSECTION (10) FOREST AND RANGELAND RENEWABLE

RESOURCES ACT OF 1978 (16 USC 1642(E) AND EXEMPTION 4

“CONFIDENTIALITY 7 USC 2276 (D)(10).

13. This Agreement is entered into under the authority of the Federal Technology Transfer

Act of 1986 (15 U.S.C. 3710a).

14. Any of the parties, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration by giving the other party thirty (30) days notice

15. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change.

16. This Agreement is effective as of the date of final signature and expires 5 years from that

Effective Date, provided, however, that the obligations of confidentiality assumed under this Agreement shall be binding throughout the term of this Agreement and remain in force for a period of five (5) years from the expiration of this Agreement.

17. This Agreement is prepared in duplicate to constitute upon bilateral execution a totally binding CONFIDENTIAL RELATIONSHIP AGREEMENT.

18. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or

Executive Order relating to (1) classified information, (2) communications to Congress,

(3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive Orders and statutory provisions are incorporated into this agreement and are controlling.

19. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below.

Name (Typed) Recipient

Signature Date

Name (typed) FIA USDA Forest Service

Signature Date

Burden Statement

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free

(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer