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FS Agreement No 06-PA-11 030902-0 12 <br /> Cooperator Tax ID No. <br /> Cooperator DUNS No. <br /> Cooperator Agreement No. <br /> 8/15/2006 <br /> E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE <br /> PARTIES THAT: <br /> 1. The Department has willingly entered into this agreement and will discharge its <br /> obligations as an independent entity. Neither party to this agreement agrees to <br /> indemnify the other party. Each party is responsible for its own negligence. <br /> 2. FEDERAL COST PRINCIPLES. This agreement will be governed by 2 CFR, <br /> Subtitle A, Chapter II, Part 225 Cost Principles for State, Local, and Indian Tribal <br /> Governments and audit requirements under OMB Circular A-133, Audit of States, <br /> Local Governments and Non-Profit Organizations. <br /> 3. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND <br /> AUDIOVISUALS. Forest Service support shall be acknowledged in any <br /> publications and audiovisuals developed as a result of this instrument. <br /> 4. COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT. Pursuant <br /> to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to the Department in <br /> excess of the amount to which the Department is finally determined to be entitled <br /> under the terms and conditions of the award constitute a debt to the Federal <br /> Government. If not paid within a reasonable period after the demand for payment, <br /> the Federal awarding may reduce the debt by: <br /> a. Making an administrative offset against other requests for <br /> reimbursements. <br /> b. Withholding advance payments otherwise due to the cooperator. <br /> c. Taking other action permitted by statue. <br /> Except as otherwise provided by law,the Federal awarding agency shall charge <br /> interest on an overdue debt. <br /> 5. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy <br /> under this Agreement, the parties may pursue Alternate Dispute Resolution <br /> procedures to voluntarily resolve those issues. These procedures may include, but are <br /> not limited to, conciliation, facilitation, mediation, and fact finding. <br /> 6. TAXPAYER IDENTIFICATION NUMBER. The Department shall furnish their tax <br /> identification number upon execution of this instrument. <br /> 7. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is <br /> not available for reimbursement of Department's purchase of equipment and supplies. <br /> r <br /> Page 3 of 9 <br />