HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2007 - RESOLUTION 2007-085 APPROVING THE INTERGOVERNMENTA ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: September 18, 2007
FORT COLLINS CITY COUNCIL STAFF: Dave Gordon
SUBJECT
Resolution 2007-085 Approving the Intergovernmental Agreement for the Provision of a Wildlife
Hazard Assessment and Management Plan at the Fort Collins-Loveland Municipal Airport.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
The Agreement stipulates the Cities will reimburse the United States Department of Agriculture
Animal and Plant Health Inspection Services and Wildlife Services(APHIS-WS)a total amount of
$125,081. The FAA will reimburse the Cities 95% of the costs and the State of Colorado will
reimburse the Cities 2.5%of the Costs. The Cities'remaining 2.5%share of the total cost is$3,127.
The Airport's approved 2007 Budget contains the appropriation of the total cost of the project and
the funding from the FAA and State. The Cities' share of the costs ($3,127) will come from the
Airport's Fund Balance.
EXECUTIVE SUMMARY
This Resolution authorizes the City Manager to sign an intergovernmental agreement (IGA) with
the United States Department of Agriculture to conduct a Wildlife Hazard Assessment and Wildlife
Management Plan for the Fort Collins/Loveland Municipal Airport. The Assessment and
Management Plan are required by the FAA as part of the Airport's Certification requirements. The
Assessment and Management Plan will identify wildlife species on and in the vicinity of the Airport
and establish mitigation measures to reduce hazards to aircraft and the general public.
BACKGROUND
The FAA regulates the Operation and Safety of Part 139 Commercial Service airports through FAR
Part 139. This regulation identifies minimum airport operating regulations that must be met to
obtain a Part 139 Operating Certificate. The Fort Collins/Loveland Airport has been operating under
Part 139 since Allegiant Air started flying scheduled service to Las Vegas in July of 2003.
Under Sub Part 139.337 —Wildlife Hazard Management, Airports are required to take immediate
action to alleviate wildlife hazards whenever they are detected. The FAA has determined that based
September 18, 2007 -2- Item No. 15
on the known wildlife activity on the Airport and in the vicinity of the Airport that a Wildlife Hazard
Assessment and Wildlife Management Plan must be conducted.
The APHIS-WS is a recognized department that conducts these studies for airports and other
governmental entities. Under the proposed Agreement APHIS-WS will conduct the Assessment
over a twelve month period and then prepare the Wildlife Management Plan. The Assessment will
gather information related to species present on the Airport,species abundance,seasonal population
trends,peak use periods, special hazard zones and natural and man-made attractants. At the end of
the twelve month Assessment APHIS-WS will prepare the Wildlife Hazard Management Plan which
will summarize Airport personnel responsibilities and management activities to reduce wildlife
hazards at the Airport.
As part of the scope of services and fee APHIS-WS will provide the necessary Wildlife Biologist,
salaries and benefits, travel costs, vehicle use, supplies and equipment.
The work associated with this Agreement is required by the FAA to maintain the Airport's Part 139
Certification and to enhance safety to the general public.
This Resolution authorizes the City Manager to execute the IGA which is Exhibit A to the
Resolution.
RESOLUTION 2007-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR THE
PROVISION OF A WILDLIFE HAZARD ASSESSMENT AND MANAGEMENT
PLAN AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS, the cities of Fort Collins and Loveland (the"Cities")jointly own and operate
the Fort Collins-Loveland Municipal Airport (the "Airport"); and
WHEREAS, Section 29-1-203, C.R.S. authorizes governments to contract for the joint
exercise of any function, service or facility lawfully authorized to each entity; and
WHEREAS, the Federal Aviation Administration (the "FAA") is requiring that the Cities
perform a wildlife hazard assessment and develop a wildlife management plan in order to maintain
the Airport's FAA certification; and
WHEREAS,the Cities desire to contract with the United States Department of Agriculture,
through its Animal and Plant Health Inspection Service and Wildlife Services, for the provision of
a wildlife hazard assessment and management plan for the Airport; and
WHEREAS, a wildlife hazard assessment and management plan for the Airport will aid in
providing safe and efficient Airport operations; and
WHEREAS, the Cities are able to use federal and state grant proceeds to help fund the
procurement of the wildlife hazard assessment and management plan, and the funds necessary for
this project have been appropriated by the Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Cooperative Service Agreement Reimbursable between the City of Fort Collins
and the City of Loveland and United States Department of Agriculture, attached hereto as Exhibit
"A", is hereby approved and the City Manager is hereby authorized to execute said agreement on
behalf of the City of Fort Collins, subject to such modifications in form or substance as the City
Manager, in consultation with the City Attorney,may deem necessary to effectuate the purposes of
this Resolution or to protect the interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th
day of September, A.D. 2007.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Agreement No: 07-7308-6075-RA
Accounting Code: 773-7308-033
COOPERATIVE SERVICE AGREEMENT
REIMBURSABLE
between
THE CITY OF FORT COLLINS and THE CITY OF LOVELAND(COOPERATOR)
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1 —PURPOSE
The purpose of this Agreement is to provide a Wildlife Hazard Assessment followed by a Hazard Management
Plan for the Ft Collins/Loveland Municipal Airport. Animal and Plant Health Inspection Service-Wildlife
Services(APHIS-WS)will conduct a year-long(12 months)Wildlife Hazard Assessment(WHA)at Ft
Collins/Loveland Municipal Airport, Loveland, Colorado to identify wildlife attractants and potential wildlife
hazards to aircraft. This assessment will consist of weekly wildlife surveys, including dawn, dusk and evening
spotlight surveys. Following the completion of the assessment activities and using the data from the WHA,
APHIS-WS will spend the following four months to create a Wildlife Hazard Management Plan that will
summarize personnel responsibilities and management activities to reduce wildlife hazards at Ft Collins/Loveland
Municipal Airport. Additionally,APHIS-WS will provide technical assistance and direct control, as requested,
under this agreement.
ARTICLE 2-AUTHORITY
APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b)as
amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 U.S.C. 426c), for the Secretary of
Agriculture to cooperate with States, individuals,public and private agencies, organizations, and institutions in
the control of wild mammals and birds that are reservoirs for zoonotic diseases, or are injurious or a nuisance to,
among other things, agriculture,horticulture, forestry, animal husbandry, wildlife, and public health and safety.
ARTICLE 3 -MUTUAL RESPONSIBILITIES
The Cooperator and WS agree:
a. To confer and plan a program that addresses the need for managing conflicts caused by wildlife at Ft
Collins/Loveland Municipal Airport,Loveland, Colorado. Based on this consultation, WS will
formulate, in writing, the program work plan and associated budget and present them to the Cooperator
for approval.
b. Each year the Cooperator and APHIS-WS must agree to and sign the annual Work and Financial Plans,
which upon execution are incorporated into this Agreement by reference.
c. Multi-Fiscal Year Obligation: Any obligations of the Cities to make payments under this Agreement
shall be from year to year only and shall not constitute a mandatory payment obligation of the Cities in
any fiscal year beyond the present year. This Agreement shall not directly or indirectly obligate the Cities
to make any payments to APHIS—WS beyond those appropriated for any fiscal year for which this
Agreement No: 07-7308-6075-RA
Accounting Code: 773-7308-033
Agreement is in effect. Notwithstanding the foregoing,the Cities agree that their respective City
Managers are hereby directed to include in any annual budget and appropriation proposals submitted to
their respective City Councils for each year during the term of this Agreement, amounts sufficient to meet
any and all financial obligations of the Cities under this Agreement, it being the intent and agreement of
the parties, however,that the decisions as to whether to budget and appropriate such amounts shall be in
the sole discretion of the Cities' respective City Councils.
d. When either of the Cooperating parties address the media or incorporate information into reports and/or
publications,both Cooperating parties must agree, in writing,to have their identities disclosed when
receiving due credit related to the activities covered by this agreement.
e. That the surveys and assessments made under this agreement by WS are intended for use in a Wildlife
Hazard Management Plan, which will be written after the completion of the WHA. As such, WS will, at
least quarterly, give Ft Collins/Loveland Municipal Airport's Point of Contact all relevant information to
address wildlife hazard concerns at Ft Collins/Loveland Municipal Airport.
f. That APHIS-WS has advised the Cooperator that other private sector service providers may be available
to provide wildlife management services and notwithstanding these other options, Cooperator requests
that APHIS-WS provide wildlife management services as stated under the terms of this Agreement.
ARTICLE 4 -COOPERATOR RESPONSIBILITIES
The Cooperator agrees:
a. To designate David C. Gordon, Airport Director; 4900 Earhart Rd., Loveland, CO 80538; as the
authorized representative who shall be responsible for collaboratively administering the activities
conducted in this Agreement;
b. To reimburse APHIS-WS for costs,not to exceed the annually approved amount specified in the Work
and Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan,the Work
and Financial Plan shall be formally revised and signed by both parties before services resulting in
additional costs are performed. The Cooperator agrees to pay all costs of service submitted via an
invoice within 30 days of the date of the submitted invoice or invoices as submitted by APHIS-WS. Late
payments are subject to interest,penalties, and administrative charges and costs as set forth under the
Debt Collection Improvement Act of 1996. If the Cooperator is delinquent in paying the full amount of
the due service costs submitted by APHIS-WS, and/or is delinquent in paying the due late payments,
and/or is delinquent in paying the interest,penalties, and/or administrative costs on any delinquent due
service costs, APHIS-WS will immediately cease to provide the respective service associated with the
submitted service costs. APHIS-WS will not reinstate or provide the respective service until all due
service costs, and/or due late payments, and/or due interest,penalty, and/or administrative costs are first
paid in full.
c. Provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection
Improvement Act of 1996.
d. As a condition of this Agreement, The Cooperator ensures and certifies that it is not currently debarred or
suspended and is free of delinquent Federal debt.
Agreement No: 07-7308-6075-RA
Accounting Code: 773-7308-033
ARTICLE 5—WS RESPONSIBILITIES
WS agrees:
a. To designate Michael A Yeary, WS Colorado State Director; 303-236-5810;12345 W Alameda Pkwy,
Suite 204, Lakewood, CO 80228, as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this Agreement;
b. The performance of wildlife damage management actions by WS under this agreement is contingent
upon a determination by WS that such actions are in compliance with the National Environmental
Policy Act, Endangered Species Act, and any other applicable environmental statutes. WS will not
make a final decision to conduct requested wildlife damage management actions until it has made the
determination of such compliance;
C. To provide qualified personnel and other resources necessary to implement the approved activities
delineated in the Work and Financial Plan referenced in 3.a of this Agreement.
d. To bill the Cooperator for costs incurred in performing activities as authorized in the approved annual
Work and Financial Plan as may be amended.
e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the
Financial Plan. WS will cease providing goods or services until a revision to the Work and Financial
Plan, as appropriate,have been agreed to and signed by both parties to this Agreement.
f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to
inspect the accounts and records of WS pertaining to such claims for reimbursement to the extent
permitted by Federal laws and regulations.
g. To hold quarterly meetings, as necessary,with the Ft Collins/Loveland Municipal Airport's Point of
Contact. These meetings will be scheduled after coordination with all parties concerned.
ARTICLE 6—WS CONDITIONS
For costs borne by WS, this agreement is contingent upon the passage of the Agriculture, Rural Development,
and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met
and shall not obligate APHIS upon failure of Congress to so appropriate. This Agreement also may be reduced or
terminated if Congress provides APHIS funds only for a finite period under a Continuing Resolution.
ARTICLE 7-ASSURANCES
Nothing in this agreement shall prevent any other State, agency, organization or individual from entering into
separate agreements with WS the Cooperator for the purpose of managing wildlife damage.
ARTICLE 8—CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41,United States Code,no member of or delegate to Congress shall be admitted to
Agreement No: 07-7308-6075-RA
Accounting Code: 773-7308-033
any share or part of this agreement or to any benefit to arise therefrom.
ARTICLE 9—APPLICABLE REGULATIONS
All WDM activities will be conducted in accordance with applicable Federal, State, and local laws and
regulations.
This agreement is not a procurement contract(31 U.S.C. 6303),nor is it considered a grant(31 U.S.C. 6304). In
this agreement, APHIS provides goods or services on a cost recovery basis to nonfederal recipients.
ARTICLE 10—AGREEMENT EFFECTIVE DATE
This Agreement shall become effective upon the date of final signature and shall continue for a period not to
exceed 5 years. This agreement may be amended at any time by mutual agreement of the parties in writing. It
may be terminated by either party upon 60 days written notice to the other party. Further, in the event the
Cooperator does not for any reason reimburse expended funds, W S is relieved of the obligation to continue any
operations under this agreement.
AUTHORIZATION:
FT COLLINS/LOVELAND MUNICIPAL AIRPORT
Tax Identification Number:
Cooperator Representative,Airport Director Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Tax Identification Number: 41-0696271
State Director, Colorado Date
Director, Western Region Date
WORK AND FINANCIAL PLAN
COOPERATOR: CITIES OF FT COLLINS and LOVELAND
TAX IDENTIFICATION NO:
COOPERATIVE AGREEMENT NO.: 08-7308-6075-RA
ACCOUNT NO.: 87373-08033
LOCATION: Loveland,Colorado
DATES: TBD
Pursuant to Cooperative Service Agreement No. 08-7308-6075-RA between the United States Department of
Agriculture, Animal and Plant Health Inspection Service, Wildlife Services and the cities of Ft Collins and
Loveland,this Work Plan sets forth the objectives, activities and budget for the Wildlife Services Program to be
conducted over a 4 month period, following the completion of a 12 month Wildlife Hazard Assessment. Over a
sixteen month time frame the cities of Ft Collins and Loveland will provide total funding for the program of up
to $125,081 in support of the Cooperative Service Agreement; this Work Plan for a four month period, and a
previously executed Work Plan for the prior twelve months to complete the project.
OBJECTIVES/GOALS:
To create a Wildlife Hazard Assessment and a Wildlife Hazard Management Plan(WHMP)following the
completion of 12 months of survey work.
To give timely updates and interim recommendations to Ft Collins/Loveland Municipal Airport officials on
survey results and preliminary recommendations to reduce wildlife hazards.
PLAN OF ACTION:
Based on the data gathered during the 12 month assessment period, a Wildlife Hazard Management Plan will be
written. The WHMP will summarize personnel responsibilities and management activities to reduce wildlife
hazards at Ft Collins/Loveland Municipal Airport.
W S will keep Ft Collins/Loveland Municipal Airport personnel informed of legal status of problem species and
regulatory management requirements. WS will hold quarterly meetings, as necessary, with Ft Collins/Loveland
Municipal Airport's Point of Contact.
In addition, W S will provide technical assistance and direct control as requested.
REPORTS:
APHIS-WS will be responsible for the preparation of periodic reports as specified in the Cooperative
Agreement.
STIPULATIONS AND RESTRICTIONS:
a. All operations shall have the joint concurrence of APHIS-W S and Ft Collins/Loveland Municipal Airport
and shall be under the direct supervision of APHIS-WS. APHIS-WS will conduct the program in
accordance with its established operating policies and all applicable state and federal laws and
regulations.
b. Control on Private Lands: An agreement for Control of Animal Damage on Private Property(ADC Form
12A)will be executed between APHIS-W S and the landowner, lessee, or administrator before any
APHIS-W S work is conducted.
c. Control of Public Lands: An Agreement for Control of Animal Damage on Non-Private Property(ADC
Form 12C)or an appropriate NEPA document will be executed between APHIS-W S and the public land
administrator(s)/manager(s)before any APHIS-WS work is conducted.
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COST ESTIMATE FOR SERVICES:
Equipment, field personnel and supervision will be provided by APHIS-WS. A Wildlife Services Biologist
will be employed by APHIS-WS, and will be assigned the primary responsibility for conducting the work under
this plan for Ft Collins/Loveland Municipal Airport, in Colorado.
Total cost for this agreement over a four month period is $31,273 to be billed quarterly in equal installments.
The cities of Ft Collins and Loveland agree to provide 100%of this cost. Such costs include,but are not
limited to, salary/benefits, vehicle use, travel costs, and supplies/equipment. An estimated itemization of
expenses is listed below; however funds may be distributed between itemized categories at the discretion of
APHIS-WS if required. Any equipment and supplies purchased under the terms of this agreement will remain
the property of APHIS-W S.
Estimated Cost for Services
Salaries and Benefits $21,038
Travel and Vehicle 4,833
Supplies and Equipment 2,559
Program Support 2,843
Total $31,273
NOTE: In accordance with the Debt Collection Improvement Act(DCIA)of 1996,bills issued by WS
are due and payable within 30 days of receipt. The DCIA requires that all debts older than 120 days be
forwarded to debt collection centers or commercial collection agencies for more aggressive action.
Debtors have the option to verify, challenge and compromise claims, and have access to administrative
appeals procedures which are both reasonable and protect the interests of the United States
AUTHORIZATION:
CITY OF FT COLLINS
Colorado
Date
CITY OF LOVELAND
Colorado
Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
State Director, Colorado Date
Director, Western Region Date
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WORK AND FINANCIAL PLAN
COOPERATOR: CITIES OF FT COLLINS AND LOVELAND
TAX IDENTIFICATION NO:
COOPERATIVE AGREEMENT NO.: 08-7308-6075-RA
ACCOUNT NO.: 87373-08033
LOCATION: Loveland,Colorado
DATES: TBD
Pursuant to Cooperative Service Agreement No. 08-7308-6075-RA between the United States Department of
Agriculture, Animal and Plant Health Inspection Service, Wildlife Services and the cities of Ft Collins and
Loveland,this Work Plan sets forth the objectives, activities and budget for the Wildlife Services Program to be
conducted over a 12 month period,beginning federal fiscal year 2008. The cities of Ft Collins and Loveland
will provide total funding for the program of up to$125,081 over a sixteen month time frame in support of the
Cooperative Service Agreement, this Work Plan for a twelve month period, and a subsequent Work Plan for the
remaining four months to complete the project.
OBJECTIVES/GOALS:
To conduct a comprehensive Wildlife Hazard Assessment(WHA)which will identify factors contributing to
wildlife hazards at Ft Collins/Loveland Municipal Airport.
To give timely updates and interim recommendations to Ft Collins/Loveland Municipal Airport officials on
survey results and preliminary recommendations to reduce wildlife hazards.
PLAN OF ACTION:
WS will provide a Wildlife Biologist who will conduct wildlife surveys for a 12 month period. Data gathered
will include species present, species abundance, seasonal population trends, peak use periods, special hazard
zones and natural and man-made attractants, and will be provided to the Ft Collins/Loveland Municipal
Airport's Point of Contact on at least a quarterly basis.
WS will keep Ft Collins/Loveland Municipal Airport personnel informed of legal status of problem species and
regulatory management requirements. WS will hold quarterly meetings, as necessary,with Ft Collins/Loveland
Municipal Airport's Point of Contact.
In addition, WS will provide technical assistance and direct control as requested.
REPORTS:
APHIS-WS will be responsible for the preparation of periodic reports as specified in the Cooperative
Agreement.
STIPULATIONS AND RESTRICTIONS:
a. All operations shall have the joint concurrence of APHIS-WS and Ft Collins/Loveland Municipal Airport
and shall be under the direct supervision of APHIS-WS. APHIS-WS will conduct the program in
accordance with its established operating policies and all applicable state and federal laws and
regulations.
b. Control on Private Lands: An agreement for Control of Animal Damage on Private Property(ADC Form
12A) will be executed between APHIS-WS and the landowner, lessee, or administrator before any
APHIS-WS work is conducted.
c. Control of Public Lands: An Agreement for Control of Animal Damage on Non-Private Property(ADC
Form 12C)or an appropriate NEPA document will be executed between APHIS-WS and the public land
administrator(s)/manager(s)before any APHIS-WS work is conducted.
1
COST ESTIMATE FOR SERVICES:
Equipment, field personnel and supervision will be provided by APHIS-WS. A Wildlife Services Biologist
will be employed by APHIS-W S, and will be assigned the primary responsibility for conducting the work under
this plan for Ft Collins/Loveland Municipal Airport, in Colorado.
Total cost for this agreement over a twelve month period is $93,808,to be billed quarterly in equal installments.
The cities of Ft Collins and Loveland agree to provide 100%of this cost. Such costs include,but are not
limited to, salary/benefits, vehicle use,travel costs, and supplies/equipment. An estimated itemization of
expenses is listed below; however funds may be distributed between itemized categories at the discretion of
APHIS-WS if required. Any equipment and supplies purchased under the terms of this agreement will remain
the property of APHIS-W S.
Estimated Cost for Services
Salaries and Benefits $63,107
Travel and Vehicle 14,498
Supplies and Equipment 7,675
Program Support 8,528
Total $93,808
NOTE: hi accordance with the Debt Collection Improvement Act(DCIA)of 1996,bills issued by WS
are due and payable within 30 days of receipt. The DCIA requires that all debts older than 120 days be
forwarded to debt collection centers or commercial collection agencies for more aggressive action.
Debtors have the option to verify,challenge and compromise claims, and have access to administrative
appeals procedures which are both reasonable and protect the interests of the United States
AUTHORIZATION:
CITY OF FT COLLINS
Colorado
Date
CITY OF LOVELAND
Colorado
Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
State Director, Colorado Date
Director, Western Region Date
2