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HomeMy WebLinkAbout17- Memorandum of Understanding - USDA, Forest Service Custer Gallatin National Forest - Municipal Watershed ProjectI USUSDA, Forest Service OMB 0596-0217 FS -1500-15 FS Agreement No. Cooperator Agreement No. MEMORANDUM OF UNDERSTANDING Between The CITY OF BOZEMAN, MONTANA And The USDA, FOREST SERVICE CUSTER GALLATIN NATIONAL FOREST 17 -MU -11011100-036 This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the City of Bozeman, Montana, hereinafter referred to as "The City," and the United States Department of Agriculture (USDA), Forest Service, Custer Gallatin National Forest, hereinafter referred to as the "U.S. Forest Service." Background: Due to the increasing pressure on the City of Bozeman's source watersheds from rapid growth and dry years, there is a need for a collaborative partnership between The City and the U.S. Forest Service to manage and provide water resiliency throughout The City's Sourdough and Hyalite watersheds. Title: MUNICIPAL WATERSHED PROJECT I. PURPOSE: The purpose of this MOU is to document the cooperation between the parties to maintain (in the long term) a high quality, predictable water supply for The City through cooperative efforts in implementing sustainable land management practices. This framework of cooperation serves the mutual interest of the parties and the public in accordance with the following provisions. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Whereby the public water supply for The City comes primarily from watersheds south of Bozeman that are largely National Forest System lands, the U.S. Forest Service and The City share a role in ensuring the long-term quality and quantity of water to city residents. Each party brings resources to the collaborative process. The parties to this MOU acknowledge that ensuring a reliable water supply from these source watersheds is not the sole responsibility of one entity, but is a shared goal of both parties. The following objectives are in the mutual interest of the parties in order to meet this responsibility: • Implement vegetation management projects that will begin to reduce the severity and extent of wildland fires in the Bozeman and Hyalite Municipal Watersheds. • Focus on treatments that will begin to reduce the risk of excess sediment and ash reaching the municipal water treatment plan in the event of a severe wildland fire. Page 1 of USDA, Forest Service OMB 0596-0217 FS -]500-15 Provide for firefighter and public safety by beginning to modify potential fire behavior. Reduce fuels in the wildland/urban interface (WUI) to reduce potential fire spread and intensity between National Forest system lands and adjacent private lands. Support the investigation and development of projects, programs, or other activities that serve to enhance or protect water quality and/or augment water quantity. The parties to this MOU acknowledge that any one party may participate in local activities or implement decisions related to watershed management as part of their site-specific obligations, responsibilities and authorities within their own jurisdiction. This MOU is not meant to supplant any party's discretionary authority to make decisions about watershed management associated with their individual jurisdictions. Nor is it meant to impose rulings or requirements on private lands. This MOU is intended to provide a framework for the parties to integrate their local, site-specific decisions, activities and resources into a collaborative landscape scale approach to watershed management. In consideration of the above premises, the parties agree as follows: I LTHE CITY SHALL: A. Assign staff to the Bozeman Municipal Watershed project. B. Coordinate regularly with the U.S. Forest Service in the development, planning and implementation of any projects in the municipal watersheds. C. Share information in City databases regarding City lands and water treatment facilities relevant to planning and implementation of projects outlined in Section Il above, within the municipal watershed. D. Work with the U.S. Forest Service to hold public meetings or share information with the public regarding management activities within the municipal watershed. IV. THE U.S. FOREST SERVICE SHALL: A. Assign staff to the Bozeman Municipal Watershed project. B. Coordinate regularly with The City in the development, planning and implementation of any projects in the municipal watersheds. C. Develop maps and share information in Forest Service databases for vegetation, fire history, wildlife habitat, road systems and other relevant national Forest Source material for the planning and implementation of projects outlined in Section II above, within the municipal watershed. Page 2 of 7 USDA, Forest Service OMB 0596-0217 FS4500-IS D. Work with The City to hold public meetings or share information with the public regarding management activities within the municipal watershed. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: The City Program Contact The City Administrative Contact Brian Heaston Craig Woolard P.O. Box 1230 P.O. Box 1230 Bozeman, MT 59771 Bozeman, MT 59771 Telephone: 405-582-2282 Telephone: 406-582-2280 FAX: 406-582-2263 FAX: 406-582-2263 Email: bheaston@bozeman.net Email: cwoolard@bozeman.net Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Jake Chaffin Charlie Boucher P.O. Box 130 3710 Fallon Street, Suite C Bozeman, MT 59771 Bozeman, MT 59718 Telephone: 406-587-6734 Telephone: 406-624-3767 FAX: 406-587-6848 FAX: 406-522-2528 Email: jakechaffin@fs.fed.us Email: cboucher@fs.fed.us B. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or The City is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the MOU. To The City, at The City's address shown in the MOU or such other address designated within the MOU. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. Page 3 of 7 U USDA, Forest Service OMB 0-17 FSS -15-15 00-15 C. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the U.S. Forest Service or The City from participating in similar activities with other public or private agencies, organizations, and individuals. D. ENDORSEMENT. Any of The City's contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of The City's products or activities and any of the U.S. Forest Service's contributions made under this MOU do not by direct reference or implication convey The City's endorsement of U.S. Forest Service products or activities. E. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to: agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then the applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory and regulatory authority. F. USE OF U.S. FOREST SERVICE INSIGNIA OR THE INSIGNIA OF THE CITY. In order for The City to use the U.S. Forest Service insignia or for the U.S. Forest Service to use the insignia of The City on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the respective agency. A written request must be submitted and approval granted in writing by the respective agency prior to either agency's use of the other's insignia. G. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. Page 4 of 7 USSUSDA, Forest Service OMB 0596-0217 US FS -1500-15 H. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). I. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. M. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. The City is encouraged to give public notice of the receipt of this agreement and, fi•om time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "Watershed Programs of the U.S. Forest Service, Department of Agriculture, fully supports the Municipal Watershed project." The City may call on the U.S. Forest Service's Office of Communication for advice regarding public notices. The City is requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to The U.S. Forest Service's Office of Communications as far in advance of release as possible. N. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS AUDIOVISUALS AND ELECTRONIC MEDIA. The City shall acknowledge U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this MOU. O. NONDISCRIMINATION STATEMENT—PRINTED ELECTRONIC OR AUDIOVISUAL MATERIAL. The City shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis Page 5 of 7 It S� USDA, Forest Service OMB 0596-0217 FS -1500-15 of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider." P. TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. Q. DEBARMENT AND SUSPENSION. The City shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should The City, or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. R. MODIFICATIONS. Modifications within the scope of this MOU 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. S. COMMENCEMENVEXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through March 31, 2022 at which time it will expire. T. AUTHORIZED REPRESENTATIVES. By signature below, each parry 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 MOU. In witness whereof, the parties hereto have executed this MOU as of the last date written below. Page 6 of 7 USDA, Forest Service OMB 0596-0217 FS -1500 -IS CHRIS KUKULSKI, City Manager City of Bozeman MARY C. ERICKSON, Forest Supervisor U.S. Forest Service, Custer Gallatin National Forest 3 2>0-I? Date ,931,2 7// 7 - The authority and format of this agreement have been reviewed and approved for signature. March 6, 2017 CHARLENE BOUCHER Date U.S. Forest Service Grants Management Specialist 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 cellec6on is 0596-0217. The time required to complete this information collection is estimated to average 3 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, polificel beliefs, reprisal, or because all or pad 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 (TOD) or (866) 377- 8642 (relay voice). USDA is an equal opportunity provider and employer. Page 7 of 7