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Home My WebLink AboutC08-210FS Agreement No. Cooperator Agreement No. COLLECTION AGREEMENT 08- CO- 11021504 -050 between USDA, FOREST SERVICE, WHITE RIVER NATIONAL FOREST EAGLE RANGER DISTRICT and COUNTY OF EAGLE 6/23/2008 This COLLECTION AGREEMENT is hereby entered into by and between the USDA Forest Service, White River National Forest, Eagle Ranger District hereinafter referred to as the Forest Service, and the County of Eagle, Colorado, hereinafter referred to as the Cooperator 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 conveyance of a tract or tracts of land in the Town of Eagle, Eagle County is desirable to manage administrative real property assets and the Cooperator desires to pay for certain expenses of consummating the sale of land, as provided for by the Facilities Realignment and Enhancement Act of 2005 (P.L. 109 -54). The Parcel is described as follows: a parcel of land in Section 5 of Township 5 South, Range 84 West of the 6th P.M., Town of Eagle, County of Eagle, State of Colorado being a portion of that land described in Warranty Deed recorded February 9, 1950 in Book 135 at Page 85 (Parent Parcel). Case Number for this project is FC003. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS: It is to the advantage of both parties herein that the work or documents required for the consummation of the transaction(s) be performed or prepared in conformance with standards for conveyance of federal land into private ownership. Specifically the Forest Service shall prepare and assign a valuation and supporting documents of the subject property based upon the requirements in the Forest Service Manual (FSM) 5410.42a, 5410.6, and FSM 5411. C. THE FOREST SERVICE SHALL: 1. 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. 2. Upon receipt of payment from the Cooperator, proceed with the following activities: Time U- it Rate Cost Staff Appraiser 10 Day $400 $4,000 Staff Review Appraiser 4 Da $500 $2,000 Travel $1,500 FS Agreement No. 08- CO- 1 1021504-050 Cooperator Agreement No. 6/23/2008 Subtotal $7,500 Overhead / Expenses N/A Total $7,500 D. THE COOPERATOR SHALL: 1. Upon presentation of a Bill for Collection, deposit with the Forest Service $ 7,500 to be used in accordance with C.2 above. E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. TAXPAYER IDENTIFICATION NUMBER. The Cooperator shall furnish their tax identification number upon execution of this instrument. 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. 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. 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 Cooperator or authorized for use for new projects by the Cooperator. 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 Cooperator 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. LEGAL AUTHORITY. The Cooperator 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 Cooperator (s) from participating in similar activities with other public or private agencies, organizations, and individuals. S. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. No parties 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. FS Agreement No. 08 -CO -1 1021504-050 Cooperator Agreement No. Excess funds shall be refunded within 60 days after the effective period. 9. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Forest Service Project Contact USDA Forest Service White River National Forest Randall Parker PE — Facilities Development Program Manager 900 Grand Ave., Box 948 Glenwood Springs, CO 81602 -0948 Phone: (970) 945 -3202 FAX: (970) 945 -3266 E -Mail: dparker a,fs.fed.us Forest Service Administrative Contact USDA Forest Service White River National Forest Elaine Langstaff, Grants & Agreements 900 Grand Ave., Box 948 Glenwood Springs, CO 81602 -0948 Phone: (970) 945 -3224 FAX: (970) 945 -3211 E -Mail: elan sg taff iUs.fed.us 6/23/2008 Cooperator Project Contact County of Eagle Alex Potente — Housing Director 500 Broadway, Box 850 Eagle, CO 81631 -850 Phone: (970) 328 -8698 FAX: (970) 328 -8787 E -Mail: Alex.Potente(c4eaglecounty.us Cooperator Administrative Contact Phone: FAX: E -Mail: Same as Above 10. ADVANCE BILLING. Bill the cooperator 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: County of Eagle Alex Potente- Housing 500 Broadway, Box 850 Eagle, CO 81631 -850 11. ENDORSEMENT. Any Cooperator contributions made under this instrument do not by direct reference or implication convey Forest Service endorsement of the Cooperator's product or activities. 12. FOREST SERVICE LIABILITY. The Forest Service shall not be liable to the Cooperator or landowner for any damage incident to the performance of this agreement. 13. COMMENCEMENT /EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through Oct 1, 2008 at which time it will expire unless extended. 14. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. FS Agreement No. Cooperator Agreement No. The PARTIES HERETO have executed this instrument. USDA FOREST SERVICE WHITE RIVER NATIONAL FOREST 08- CO- 11021504 -050 COUNTY OF EAGLE EAGLE COUNTY BOARD OF COMMISSIONERS 6/23/2008 h,) g MARY G. MORGAN DATE SARA J. FISf4ER A ACTING FOREST SUPERVISOR CHAIRMAN PRO TEM The authority and format of this instrument has been reviewed and approved for signature. Elaine Langstaff' Dat Forest Service G &A Specialist TERM SHEET 1) Requested hearing date: July 8, 2008 2) Requesting department: Department of Housing & Development 3) Title: Ratification of the Collection Agreement between USDA, Forest Service, White River National Forest Eagle Ranger District and County of Eagle. Purpose: The conveyance of a tract or tracts of land in the Town of Eagle, Eagle County is desirable to manage administrative real property assets and the Cooperator desires to pay for certain expenses of consummating the sale of land. 4) Staff submitting: Alex Potente 5) Purpose: Necessary step in West Eagle development. 6) Schedule: Not applicable. 7) Financial considerations: Has agreement amount been fully budgeted? — Yes Does the agreement comply with Eagle County's Purchasing / Bidding / Request for Proposal Guidelines set forth in Resolution 2006 -071? - No If no, list in detail the reason for non - compliance including any exceptions set forth in Resolution 2006 -072. - Federal Contract — no choice in selection of provider. List the dollar amount of all bids and provide detail for your choice of vendor, including but not limited to such items as price, quality, experience, local preference, etc. — Not applicable. 8) Other: a �0 V ��O APPR / TO FOB By ./ Eagle County Attorney's Office �n By. Eagle County Commissioners' Office V