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HomeMy WebLinkAbout20- Interlocal Agreement - US Forest Service, Custer Gallatin National Forest - Collection Agreement Hyalite Canyon Road USDA, Forest Service OMB 0596-0217 FS-1500-11 Page 1 of 7 (Rev. 11-13) FS Agreement No. 20-CO-11011100-037 Cooperator Agreement No. COLLECTION AGREEMENT Between The CITY OF BOZEMAN And The UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE CUSTER GALLATIN NATIONAL FOREST This COLLECTION AGREEMENT is hereby entered into by and between the City of Bozeman, 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,” under the provisions of the Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498 as amended by Pub. L. 104-127). Background: In 2009, The Gallatin National Forest and the City of Bozeman partnered on installing guardrail along the Hyalite Canyon Road between milepost 1.9 (Orientation Site and pullout) to milepost 5.0 (Moser Creek Road intersection) to protect the cities water system. The Gallatin NF Travel Plan made the decision to plow the road through the winter and the City was concerned that winter drive-off accidents had the high potential to pollute Hyalite Creek with spilled fuel and subsequently the cities water supply. Approximately 40% of the cities water supply comes from Hyalite Creek. At the time, it was estimated that if a vehicle slid off the road and rolled into the creek and discharged all its fuel, it would cost the City over one-half million dollars to purge the system. Since the installation of the 2009 guardrail additional sites have been identified as needing guardrail and the need for a new project. Title: Hyalite Canyon Guardrail Installation I. PURPOSE: The purpose of this agreement, and incorporated Financial Plan, is to document the voluntary contribution of funds from The City to the U.S. Forest Service to address potential accident cluster by installing additional guardrail in order to prevent vehicles leaving the roadbed and landing in the creek. The proposed location of the additional guardrail would be between mile post 1.54 and 2.21 (milepost 0.00 is the junction of South 19th and Hyalite Canyon Roads). II. THE THE CITY SHALL: A. LEGAL AUTHORITY. The City shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper USDA, Forest Service OMB 0596-0217 FS-1500-11 Page 2 of 7 (Rev. 11-13) planning, management, and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. B. Perform in accordance with the Financial Plan. C. Upon presentation of a Bill for Collection, reimburse the U.S. Forest Service the amount agreed to in the Financial Plan. D. Provide funding to the U.S. Forest Service for the City’s share of the guardrail. E. Coordinate with the U.S. Forest Service and agree on the location of the proposed guardrail. III. THE U.S. FOREST SERVICE SHALL: A. REIMBURSABLE BILLING. The maximum total cost liability to the The City for this agreement is $60,000. The U.S. Forest Service shall bill The City quarterly as of September for funds sufficient to cover the costs for the specific payment period. All reimbursement billings must be completed within the same fiscal year as U.S. Forest Service expenditures. Overhead is assessed at the rate of 0 percent. Billings must be sent to: Brian Heaston P.O. Box 1230 Bozeman, MT 59771 Email: bheaston@bozeman.net The U.S. Forest Service is required to issue bills for expenditures incurred under reimbursable agreements at the end of or prior to the end of each fiscal year. Therefore, an out-of-cycle bill may be received by The City. If payment is not received to the satisfaction of the U.S. Forest Service by the date specified on the Bill for Collection (Form FS-6500-89), the U.S. Forest Service shall exercise its rights regarding the collection of debts owed to the United States. Conditions specified in an associated payment bond guaranteeing payment must also be met. B. SPECIAL BILLING REQUIREMENTS – FINANCIAL DOCUMENTATION. Reimbursable billings shall be issued at the prescribed frequency based on expenditures recorded in the U.S. Forest Service accounting system for work performed. Bills for Collection reflect an aggregate amount for the billing period. U.S. Forest Service Transaction Register listing itemized expenses will be provided upon request at the end of a project or annually for long-term agreements. Provision of the Transaction Register or other supporting documentation accompanying individual bills will be limited to agreements over $2,500.00, and only when The City requirements are clearly defined within this clause. USDA, Forest Service OMB 0596-0217 FS-1500-11 Page 3 of 7 (Rev. 11-13) The special billing requirements are: With each Bill. C. SPECIAL BILLING REQUIREMENTS – PROGRAM DOCUMENTATION. The U.S. Forest Service Program Manager shall provide The City with a written report that meets The City’s specific documentation requirements. D. Perform in accordance with the attached Financial Plan. E. Modify the Hyalite Road Reconstruction Paving Project and add the additional guardrail work, either in full or a portion depending on funding. F. Provide additional project funding, pending availability. G. Provide staking services for the guardrail. H. Provide contract administration services during installation. I. Retain ownership of the installed guardrail. IV. IT IS MUTUALLY AGREED AND UNDERSTOOD 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: Cooperator Program Contact Cooperator Administrative Contact Brian Heaston P.O. Box 1230 Bozeman, MT 59771 Telephone: 405-582-2282 FAX: 406-582-2263 Email: bheaston@bozeman.net Brian Heaston P.O. Box 1230 Bozeman, MT 59771 Telephone: 405-582-2282 FAX: 406-582-2263 Email: bheaston@bozeman.net Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Jonathan Kempff, Forest Engineer P.O. Box 130 Bozeman, MT 59771 Telephone: 406-539-5276 FAX: 406-587-6848 Email: jonathan.kempff@usda.gov Charlie Boucher 3710 Fallon Street, Suite C Bozeman, MT 59718 Telephone: 406-624-3767 FAX: 406-522-2528 Email: cboucher@fs.fed.us USDA, Forest Service OMB 0596-0217 FS-1500-11 Page 4 of 7 (Rev. 11-13) B. FOREST SERVICE LIABILITY TO THE COOPERATOR. The United States shall not be liable to The City for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work by the U.S. Forest Service or its contractors under this agreement, including but not limited to damage to any property owned by The City or any third party. C. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent or obligated for the project(s) approved under this agreement, may be refunded to The City, authorized for use for a new agreement by The City, or waived by The City. A Data Universal Numbering System (DUNS) number and registration in the System for Award Management (SAM) by The City may be necessary to process a refund. Due to processing costs, any balance less than $25 shall not be refunded to The City. D. 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, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "Engineering Programs of the U.S. Forest Service, Department of Agriculture, Custer Gallatin National Forest fully supports the Hyalite Guardrail Installation 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. E. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. F. FREEDOM OF INFORMATION ACT (FOIA). Public access to 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). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill). G. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement 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. USDA, Forest Service OMB 0596-0217 FS-1500-11 Page 5 of 7 (Rev. 11-13) H. ENDORSEMENT. Any of The City’s contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of The City's products or activities. I. NOTICES. Any communication affecting the operations covered by this agreement by the U.S. Forest Service or The City will be 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 agreement. To The City, at The City’s address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. J. COLLABORATION. The U.S. Forest Service and The City may mutually agree to collaborate in the review of draft publications, interpretive signs, manuscripts, and other printed material and audiovisuals prior to completion. This agreement, in and of itself, does not authorize The City’s participation in the project. K. USE OF U.S. FOREST SERVICE INSIGNIA. In order for The City to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service’s Office of Communications (Washington Office). A written request will be submitted by Forest Service CUSTER GALLATIN NATIONAL FOREST to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The U.S. Forest Service CUSTER GALLATIN NATIONAL FOREST will notify The City when permission is granted. L. 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 agreement. M. PROPERTY IMPROVEMENTS. Improvements placed by The City on National Forest System land at the direction or with the approval of the U.S. Forest Service become property of the United States. These improvements are subject to the same regulations and administration of the U.S. Forest Service as would other national forest improvements of a similar nature. No part of this agreement entitles The City to any interest in the improvements, other than the right to use them under applicable U.S. Forest Service regulations. USDA, Forest Service OMB 0596-0217 FS-1500-11 Page 6 of 7 (Rev. 11-13) N. PURCHASE OF ASSETS. Any assets (such as equipment, property, or improvements) purchased by the U.S. Forest Service with The City’s contributions shall become the property of the U.S. Forest Service. 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 of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call toll free voice (866) 632-9992, TDD (800)877-8339, or voice relay (866) 377-8642. 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 FOR COLLECTION AGREEMENTS. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. The U.S. Forest Service shall not incur any new obligations for the terminated portion of this agreement after the effective date of termination and shall cancel as many obligations as possible. Full credit must be allowed for U.S. Forest Service expenses and all non- cancelable obligations properly incurred up to the effective date of termination. 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 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. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. J u n e 2 9 , 2 0 2 0 U.S. Forest Service OMB 0596-0217 FS-1500-18 Forest Service Agreement # Subtotal Subtotal Combined Subtotals # of Days $/Day $0.00 $0.00 2.00 $450.00 $900.00 $900.00 $0.00 $0.00 2.00 $0.00 $900.00 $900.00 $60,000.00 $60,000.00 $0.00 $20,527.00 $20,527.00 $60,000.00 $20,527.00 $80,527.00 $60,000.00 $21,427.00 $81,427.00 Insert Rate Here:0.0%$0.00 $60,000.00 $21,427.00 $81,427.00 $81,427.00 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 45 minutes 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. Cooperator Contribution FS Non-Cash Contribution Line Item Cost Subtotals COST ELEMENTS and related data Civil Engineer - Custer Gallatin National Forest Describe Contracts that will most likely result from this project: Resource Specialists (List all personnel): 20-CO-11011100-037 Cooperator Agreement # Collection Agreement Financial Plan Cooperator and FS Contributions PERSONNEL Subtotal, Personnel: TOTAL PROJECT COSTS OVERHEAD ASSESSMENT (if applicable, see FSH 1909.13) TOTAL DIRECT CHARGES Total Party Costs CONTRACTUAL Hyalite Canyon Road Reconstruction - Lower Guardrail Item Subtotal, Contractual: Hyalite Canyon Road Reconstruction - Lower Guardrail Item