FS 1500-9a FS 1500-9a Road Project Agreement

USDA, Forest Service

OMB 0596-0217 FS-1500-9A

FS Agreement No.

     -     -     -     

Cooperator Agreement No.

     

ROAD PROJECT AGREEMENT

Between

     

And The

USDA, FOREST SERVICE,       nATIONAL fOREST

This Project Agreement (agreement) is hereby made and entered into by and between      , hereinafter referred to as “     ,” and the USDA, Forest Service,       National Forest, hereinafter referred to as the “U.S. Forest Service,” as specified under the authority and provisions of the Cooperative Forest Road Agreement #      executed between the parties on      .

Project Title:      

I. BACKGROUND:

The parties entered into a Forest Development Road Cooperative Agreement (Coop Agreement) on      . This Coop Agreement allows for the parties to cooperate in the planning, survey, design, construction, reconstruction, improvement and maintenance of certain forest roads. The Schedule A, which is attached to the Coop Agreement, identifies the maintenance responsibilities of the parties to the specific road systems and may be revised as necessary. The process of revising the Schedule A can be labor intensive and time consuming due to requiring extensive valuations and several levels of formal review. Accordingly, formal revision of the Schedule A does not readily lend itself to rapid response times, adjusting to limited funding opportunities and a high degree of site condition specificity.

The Coop Agreement allows for specific Project Agreements between the parties with the intent of completing work as expeditiously as available funds or work opportunities allow.

The Coop Agreement identifies numerous requirements for the development of Project Agreements. These requirements include but are not limited to:

• The specific project (road) must be included in an approved U.S. Forest Service – Cooperator plan (Schedule A).

• Mutual approval.

• The cost to be borne by each party.

• The amount of cooperative funds as set forth in the Project Agreement shall be the maximum commitment of either party unless changed by a formal modification prior to incurring any expense.

• Work must be completed in accordance with agreed upon standards.

II. PURPOSE:

The purpose of this Project Agreement (agreement) is to document the parties’ cooperation in the      . The work is as described in the hereby incorporated Financial and Operating plan, attached as Exhibit A.

III. THE COOPERATOR SHALL:

1. Perform in accordance with the Financial and Operating Plan, Exhibit A.
   
   

2. Bill the U.S. Forest Service for actual costs incurred, not to exceed $     .

IV. THE U.S. FOREST SERVICE SHALL:

1. Perform in accordance with the Financial and Operating Plan, Exhibit A.
   
   

2. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse       for the U.S. Forest Service’s share of actual expenses incurred, not to exceed $     , as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of      ’s       invoice. Each invoice from       must display the total project costs for the billing period.

Each invoice must include, at a minimum:

1.      ’s name, address, and telephone number

2. U.S. Forest Service agreement number

3. Invoice date

4. Performance dates of the work completed (start and end)

5. Total invoice amount for the billing period
   
   

The invoice must be forwarded to:

U.S. Forest Service

Albuquerque Service Center

Payments – Grants & Agreements

101B Sun Ave NE

Albuquerque, NM 87109

FAX: 877-687-4894

Send a copy to:      

V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT:

1. 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:       Address:       City, State, Zip:       Telephone:       FAX:       Email:      	Name:       Address:       City, State, Zip:       Telephone:       FAX:       Email:      

Principal U.S. Forest Service Contacts:

U.S. Forest Service Program Manager Contact	U.S. Forest Service Administrative Contact
Name:       Address:       City, State, Zip:       Telephone:       FAX:       Email:      	Name:       Address:       City, State, Zip:       Telephone:       FAX:       Email:      

B. In the event of a conflict between this Project Agreement and the Coop Agreement, the later shall take precedence.

C. FREEDOM OF INFORMATION ACT (FOIA). Information furnished to the U.S. Forest Service under this agreement is subject to the Freedom of Information Act (5 USC 552).

D. FUNDING EQUIPMENT. Federal funding under this agreement is not available for reimbursement of      ’s purchase of equipment.

E. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or       from participating in similar activities with other public or private agencies, organizations, and individuals.

F. ENDORSEMENT. Any of      ’s contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of      ’s products or activities.

G. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

8. MODIFICATION. Modifications within the scope of this instrument 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       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.

8. TERMINATION. Either party, in writing, may terminate this agreement 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 this agreement 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.

8. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through       at which time it will expire unless extended.

8. AUTHORIZED REPRESENTATIVES. By signature below, the parties certify that the individuals listed in this document as representatives of each party are authorized to act in their respective areas for matters related to this agreement.

This agreement shall be effective as of the date herein written and shall supersede all prior existing agreements, if any, for the same roads.

	     
     ,            	Date
	     
     ,       U.S. Forest Service,      	Date

	     
      County Commissioner	Date

The authority and format of this instrument have been reviewed and approved for signature.
     
      U.S. Forest Service Grants & Agreements Specialist	Date

Burden Statement

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