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Home My Public Portal AboutForest Service, US Dept of AgricultureFS Agreement No. 09-CO-11041200-022 COLLECTION AGREEMENT Between FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE PAYETTE NATIONAL FOREST And THE CITY OF McCALL This COLLECTION AGREEMENT is hereby entered into by and between the City of McCall, hereinafter referred to as McCall and the Forest Service, U.S. Department of Agriculture, Payette National Forest, hereinafter referred to as the Forest Service, and under the provisions of the Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498 as amended by Pub. L. 104-127). I. PURPOSE: The Forest Service and the McCall have agreed in principle to pursue the sale of a parcel of land (identified as the McCall Riverview Parcel) to the McCall. The purpose of the collection agreement is to assign responsibility for covering the associated cost of a contract appraisal. The purpose of the contract appraisal is to establish the market value for the parcel. It is in the best interest of both parties and as required by law and regulation for the Forest Service to control this action. II. THE McCALL SHALL: 1. Upon receipt of a Bill for Collection, deposit with the Forest Service the agreed upon amount of $8,176. Funds will be used for the cost of the appraisal services and overhead cost. 2. Participate in a pre-work conference at the invitation of the assigned review appraiser, upon commencement of the contract appraisal. III. TIIE FOREST SERVICE SHALL: Contract for appraisal services, under the direction of an assigned review appraiser, using a contract appraiser selected from the Intermountain Region's Valuation Services BPA; a. Prior to making final recommendation of contract appraiser to the Contracting Officer, assigned review appraiser will seek the concurrence of the McCall on appraiser selected for recommendation; 2. Ensure that the assigned review appraiser reviews the appraisal report for compliance with the Uniform Appraisal Standards for Federal Land Acquisitions; Page 1 of 5 FS Agreement No. 09-CO-11041200-022 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, including related overhead expenses. IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: There is no expressed written or implied guarantee that the sale will occur. 2. TAXPAYER IDENTIFICATION NUMBER. The McCall shall furnish their tax identification number upon execution of this instrument. 3. 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). 4. 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 both parties, prior to any changes being performed. 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 McCall or authorized for use for new projects by the McCall. Due to processing costs, any balance less than $40 will not be refunded. 6. LEGAL AUTHORITY. The McCall 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. 7. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the McCall from participating in similar activities with other public or private agencies, organizations, and individuals. 8. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any= time before the date of expiration. Neither party shall incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many obligations as possible. Full credit shall be allowed for each Party's expenses and all non-cancelable obligations properly incurred up to the effective date of termination. Excess funds shall be refunded within 60 days after the effective period. Page 2 of 5 FS Agreement No. 09-CO-11041200-022 9. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Forest Service Project Contact Kathy Nash Lands SU Program Manager McCall Ranger District 800 W. Lakeside Avenue (mailing) 102 Lake Street (Physical) McCall, Idaho 83638 Phone: 208-634-0416 FAX: 208-634-0416 E-Mail: knash@fs.fed.us .Forest Service Administrative Contact Gladys Hamilton Grants & Agreements Specialist R4 SW Idaho/Nevada Acquisition Center 1249 S. Vinnell Way, Sutie 200 Boise, ID 83709-1663 Phone: (208) 373-4289 FAX: E-Mail: McCall Project Contact Lindley Kirkpatrick Manager City of McCall 216 East Park Street McCall, Idaho 83638 Phone: 208-634-1003 FAX: 208-634-3038 E-Mail: lirkpatrick@mccall.id.us McCall Administrative Contact Linda Stokes Treasurer City of McCall 216 East Park Street McCall, Idaho 83638 Phone: 208-634-7142 FAX: E-Mail: 10. ADVANCE BILLING. Bill the McCall prior to commencement of work for deposits sufficient to cover the estimated costs of $8,000.00 plus the overhead cost at 2.2%, $176.00. Total bill for collection will be $8,176.00. Billings shall be sent to: City of McCall Attn: Linda Stokes 216 East Park Street McCall, Idaho 83638 11. ENDORSEMENT. Any McCall contributions made under this instrument do not b_v direct reference or implication convey Forest Service endorsement of the McCall's product or activities. 12. 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. 13. BUDGET AUTHORIZATION. The Forest Service's performance under this instrument is contingent upon receiving Budget Authority. Once Budget Authority is obtained, Forest Service performance under the terms of the instrument may commence. Budget Authority is limited to the Fiscal Year (October 1 through September 30). Amounts authorized but not obligated or expended will expire on September 30 of the Fiscal Year in which the Budget Authority was obtained. No further obligations or charges may occur under the instrument until the Forest Service Page 3 of 5 FS Agreement No. 09-CO-11041200-022 obtains Budget Authorization for subsequent Fiscal Years. 14. FINANCIAL PLAN. The Financial Plan attached as Exhibit A is hereby incorporated and becomes part of this instrument. Modifications to the financial plan must be made by mutual consent of both parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The McCall is not obligated to fund any expenses in excess of $8,000 without having given prior written approval to the Forest Service. 15. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through December 31, 2009 at which time it will expire unless extended. 16. AUTHORIZED REPRESENTATIVES. By signature below, the McCall certifies that the individuals listed in this document as representatives of the McCall are authorized to act in their respective areas for matters related to this agreement. The PARTIES HERETO have executed this instrument. 6 y~ ~l~o~ ERT KUL ZA ATE ~_ ZANNE C. RAINVILLE DATE Mayor Forest Supervisor City of McCall Payette National Forest Tin # 82-6000223 The authority and f mat f this instrument s b n reviewed and appr ve f r signature. ~,,~ c_ 5 ~ ~> GLADY A TO D E FS Agreements Coordinator Page 4 of 5 FS Agreement No. 09-CO-11041200-022 EXHIBIT A: FINANCIAL PLAN McCall Riverview Conveyance-Projected Costs CONTRACTUAL Total Cost Intermountain Region, Valuation Services BPA Task Order $8,000 (est.) OTHER Total Cost Overhead at 2.2% of $8,000 $ 176.00 GRAND TOTAL ................................................................... $S 176.00 Page 5 of 5