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HomeMy WebLinkAbout09- US Forest Service, Gallatin National Forest Collection AgreementFS Agreement No. 09-CO-11011100--029 COLLECTION AGREEMENT Between the U.S. FOREST SERVICE, GALLATIN NATIONAL FOREST And the CITY OF BOZEMAN This COLLECTION AGREEMENT is hereby entered into by and between the U.S. Forest Service, Gallatin National Forest, hereinafter referred to as the Forest Service, and the City of Bozeman hereinafter referred to as the City of Bozeman under the provisions of the Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498 as amended by Pub. L. 104-127). A. PURPOSE: The purpose of this agreement is to document the City of Bozeman's voluntary contribution of funds to the Hyalite Canyon Road #62 project. The City of Bozeman wishes to contribute $100,000 toward the guardrail project in order to further protect the municipal water system from possible petroleum spills resulting in expensive water system shutdowns and cleaning. The City of Bozeman and the Gallatin National Forest have a mutual interest in enhancing public safety by protecting the waters of Hyalite Canyon for the community of Bozeman and the beneficial uses of National Forest System lands. Hyalite Canyon is part of the City of Bozeman's municipal watershed system. Installing a guardrail system on the Hyalite Canyon Road #62 where the road is in close proximity to the creek greatly reduces the risk of both personal injury, property loss, and petroleum spills into the community of Bozeman's drinking water. B. THE FOREST SERVICE SHALL: 1. Perform in accordance with Exhibit A -Summary Financial Plan to: a. Award any guardrail installation contracts after the City of Bozeman's funds are available and can be incorporated into the award. b. Fund all contract costs above the City of Bozeman's contribution, including any subsequent construction modifications. c. Pay for any and all construction administration. d. Bare all administration and overhead costs incurred by the Forest Service as a result of this project. Page 1 of 5 FS Agreement No. o9-co-iioiiioo-o29 2. ADVANCE BILLING. Bill the City of Bozeman $100,000.00 prior to commencement of work for deposits sufficient to cover the estimated costs for the specific payment period. Overhead will not be assessed. Billings shall be sent to: City of Bozeman Attn: Natalie Meyer P.O. Box 1230 Bozeman, MT 59771 Email: nmayer@BOZEMAN.NET 3. Deposit all cash funds received under the terms of this Agreement to a Forest Service Cooperative Work Fund to be used for the purpose for which contributed. 4. FOREST SERVICE LIABILITY: The Forest Service shall not be liable to the depositor or landowner for any damage incident to the performance of this agreement. C. THE CITY OF BOZEMAN SHALL: 1. In accordance with Exhibit A -Summary Financial Plan, contribute $100,000 to the Forest Service for the purpose of guardrail placement along the Hyalite Canyon Road #62. 2. Bare all administration and overhead costs incurred by the City of Bozeman as a result of this project. 3. TAXPAYER IDENTIFICATION NUMBER. The City of Bozeman shall furnish their tax identification number upon execution of this instrument. 4. LEGAL AUTHORITY. The City of Bozeman has the legal authority to enter into this instrument, and the institutional, managerial and financial capability (including funds sufficient to pay nonfederal share of project costs) to ensure proper planning, management, and completion of the project. D. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Forest Service ~'rotect Contact Jonathan Kemptt; P.E. 10 E. Babcock Street P.O. Box 130 Bozeman, MT 59771 Phone: 406-587-6732 FAX: 406-587-6758 E-Mail: jckempff@fs.fed.us Cite of Bozeman Protect Cotrtact Brian Heaston, P.E. 20 E. Olive Street P.O. Box 1230 Bozeman, MT 59771 Phone: 406-582-2280 FAX: 406-582-2613 E-Mail: bheaston@BOZEMAN.NET Page 2 of 5 FS Agreement No. 09-CO-11011100-029 Foret ,~er~rice Admirtl'strative Ctx,~`` Cin= of Bozeman Ad~u~tistratrve Contact Sharon Sawyer Natalie Meyer Grants & Agreements Specialist P.O. Box 1230 Beaverhead-Deerlodge National Forest 420 Barrett Street Dillon, MT 59725 Phone: 406-683-3919 FAX: 406-683-3848 E-Mail: sawyer@fs.fed.us 121 North Rouse Bozeman, MT 59771 Phone: 406-582-2317 FAX: 406-582-2301 E-Mail: nmayer@BOZEMAN.NET 2. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 3. ENDORSEMENT. Any City of Bozeman contributions made under this instrument do not by direct reference or implication convey Forest Service endorsement of the City of Bozeman's product or activities_ r 4. REFUNDS. Contributions authorized for use by the Forest Service, which are not spent or obligated for the project(s) approved under this instrument, will be refunded to the City of Bozeman or authorized for use for new projects by the City of Bozeman. Due to processing costs, any balance less than $40 will not be refunded. 5. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction of either of the parties, shall thereupon become property of the United States, and shall be subject to the same regulations and administration of the Forest Service as other National Forest improvements of a similar nature. No part of this instrument shall entitle the City of Bozeman to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service. 6. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the City of Bozeman(s) from participating in similar activities with other public or private agencies, organizations, and individuals. 7. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance. 8. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through 12/31/2009 at which time it will expire unless extended. 9. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. Page 3 of 5 FS Agreement No. 09-CO-11011100-029 10. AUTHORIZED REPRESENTATIVES. By signature below, the parties certify that the individuals listed in this document as representatives of the party are authorized to act in their respective areas for matters related to this agreement. The authority and format of this instrument has been reviewed and approved for signature. /s/ Teresa Asleson 7/1 S/2009 Teresa Asleson, Agreement Specialist DATE U.S. Forest Service, Northern Region The PARTIES HERETO have executed this instrument. g ~ ~~~~~~ _ ~ Z~_© c ~~~ CHRIS KUKULSKI DATE MARY . ERI KSON, Forest Supervisor DATE City Manager, City of Bozeman U.S. For t Se ice, Gallatin National Forest Page 4 of 5 ~. * . FS Agreement No. 09-CO-11011100-029 EXHIBIT A SUMMARY FINANCIAL PLAN Hyalite Canyon Road #62 Guardrail Placement l*orest ~t~r of Project Proposal Name Service Nc~n- ~~rnan' Total cash ash Contributions Comribution' Contributions Hyalite Canyon Road #62 Guardrail Placement $574,336.00 $100,000.00 Hyalite Guardrail Survey and Inspection $ 45,134.00 0 Contract (DJA Consulting Firm) Project Total: $619,470.00 $100,000.00 $719,470.00 Page 5 of 5