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Home My WebLink About11- US Forest Service Municipal Watershed ProjectsS USDA Forest Service CtM B 0596 - 02 t 7 [�4- t5Un -15 FS Agreement No,.. Cooperator Agreement No. ]I-MU-11011100-010 MEMORANDUM OF UNDERSTANDING Between The CITY OF BOZEMAN, MONTANA And The U.S. FOREST SERVICE GALLATIN NATIONAL FOREST 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 U.S. Forest Service, Gallatin National Forest, hereinafter referred to as the U.S. Forest Service. Background This document replaces 05 -MU -11011100-010, Title Municipal Watershed Projects 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 Bozeman through cooperative efforts in implementing sustainable land management practices in accordance with the .following provisions. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Whereby the public water supply for the city of Bozeman comes primarily from watersheds south of Bozeman that are largely National Forest system lands, the Forest Service and the City share a role in ensuring the long; -term quality and quantity of water to city residents. 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 plant in the event of a severe wildland fire. • 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. In consideration of the above premises, the parties agree as follows: Page I of 5 USDA Forest Service ON113 0596-0217 1 M.; FS- 1500-15 111. THE CITY SHALL: A. Assign staff to the Bozeman Municipal Watershed project. B. Coordinate regularly with the 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 within the municipal watersheds. D. Work with the 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, 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 within the municipal watershed, 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 instrument. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Name: Brian Heaston Name: Debbie Arkell Address: 20 East Olive, PO Box 1230 Address: 121 N. Rouse, PO Box 1230 City, State, Zip: Bozeman, MT 59771 City, State, Zip: Bozeman, MT 59771 Telephone: 406-582-2282 Telephone: 406-582-2315 FAX: 406-582-2263 FAX: Email: bheaston(i-Oozeinan.net Email: darkell Li) bozen net .............. Principal U.S. Forest Service Contacts: U.S. Forest Service Program Contact U.S. Forest Service Administrative Contact Page 2 of 5 lliSI ?A Forest Service OMB 0546 -0217 t'S_1S(YW5 Nance: Lisa Stoeftler Name: Sharon Sawyer Address: 3710 Fallon Street, Suite C Address: 420 Barrett Street City, State, Zip: Bozeman, MT 59718 City, State, Zip: Dillon, MT 59725 Telephone: 406 -522 -2531 Telephone: 406 -683 -3919 FAX: FAX: 406- 683 -3848 Email: IstoefflerCa)fs. fed, us Email: ssawyer(a)fs. fed. us B. NON - LIABILITY The U.S. Forest Service does not assume liability for any third party claims for damages arising out of this MOU. C. NOTICES Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or the Cooperator 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 Cooperator, at the Cooperator'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. D. PARTICIPATION IN SIMILAR ACTIVITIES This MOU in no way restricts the U.S. Forest Service or the Cooperators) from participating in similar activities with other public or private agencies, organizations, and individuals. E. ENDORSEMENT Any Cooperator contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities. F. NONBINDING AGREEMENT This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the putposes(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer funds. Specific projects or activities that involve the transfer of funds, services, or property among the parties require execution of separate agreements and are contingent upon the availability of appropriated funds. These activities must be independently authorized by statute. This MOU does not provide that authority. Negotiation, execution, and administration of these agreements must comply with all applicable law, Each party operates under its own laws, regulations, and policies, subject to the availability of appropriated funds. Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory and regulatory authority. Page 3 of 5 l'SDA Forest Service ON1110596-0217 E'5- 1500 -15 G. NONDISCRIMINATION The Cooperator shall comply with all applicable Federal statutes relating to nondiscrimination. This includes all applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to Sections 119 and 504 of the Rehabilitation Act of 1973 as amended, which prohibits discrimination on the basis of race, color, religion, sex, age, national origin, marital status, familial status, sexual orientation, participation in any public assistance program, or disability. H. MEMBERS OF U.S. CONGRESS Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this MOU, or benefits that may arise therefrom, either directly or indirectly. I FREEDOM OF INFORMATION ACT (FOIA) Public access to MOU or agreement records must not be limited, except when such records must be Dept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). J. TERMINATION Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. K. DEBAR AND SUSPENSION The Cooperator 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 Cooperator 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. L. 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. M. COMMENCEMENT /EXPIRATION DATE This MOU is executed as of the date of the last signature and is effective through December 31, 2015 at which time it will expire, unless extended by an executed modification, signed and dated by all properly authorized, signatory officials. N. AUTHORIZED REPRESENTATIVES 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 Page 4 of 5 USDA Forest Service OMB0596-0217 I M I'5- 1500 -i5 MOU. In witness whereof, the parties hereto have executed this MOU as of the last date written below. The authority and format of this instrument have been reviewed and approved for signature. AlSharon L. SaiiY er I SHARON L. SAWYER U U.S. Forest Service Grants & Agreements Specialist Date Burden Statement According to the Paperwork Reduction Act of 1996, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a vaNd OMB control number. The valid OMB control number for this information collection is 0595-0217. 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, 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. February 8, 2011 Page 5 of 5 Forest Gallatin PO Box 130 Service National Forest Bozeman, N (406) 587-6'a 9711 MID ---- --------- w --- File Code: 1580 Date: April 5, 2011 Brian Heaston, Project Engineer City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Dear Mr. Heaston: Enclosed, please find 2 copies of the fully executed Memorandum of Understanding 411 -MU- 11011100-010 for Municipal Watershed Projects on the Gallatin National Forest. If you should have any project concerns, please contact Lisa Stoeffler, 406-522-2531, Forest Service Project Contact. For any administrative questions, I can be contacted at (406) 683-3919, Sincerely, SHARON SAWYER J Grants & Agreements Specialist Enclosure OW-1 Caring for the Land and Serving People Prinled on Recycled Paper%$