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COUNCIL - AGENDA ITEM - 03/03/2015 - RESOLUTION 2015-027 AUTHORIZING THE MAYOR TO EXECU
Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 3, 2015 City Council STAFF Justin Scharton, Environmental Planner John Stokes, Natural Resources Director Daylan Figgs, Senior Environmental Planner Mark Sears, Natural Areas Program Manager Marty Heffernan, Director of CPRE Wendy Williams, Assistant City Manager SUBJECT Resolution 2015-027 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County, Colorado State University and the United States Department of Agriculture for the Care and Management of Bison on Portions of Soapstone Prairie and Reservoir Ridge Natural Areas. EXECUTIVE SUMMARY The purpose of this item is to authorize the Mayor to execute a proposed Intergovernmental Agreement with Colorado State University and other agencies that will allow bison to be placed on Natural Area properties. The 2007 Soapstone Prairie Natural Area Management Plan identified plains bison as a species for reintroduction. The City is partnering with CSU, Larimer County, and USDA-APHIS to reintroduce bison with high genetic integrity to portions of Soapstone, Reservoir Ridge Natural Area, and the County-owned Red Mountain Open Space through an intergovernmental agreement that describes the funding, management, and care of the properties and animals. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Bison History in the West Plains bison, a subspecies of the North American bison, once roamed the interior west of the now United States in the tens of millions. The North American bison population drastically declined in the 19th century with some estimating that fewer than 1,000 animals remained in the wild. A small remnant herd survived within Yellowstone National Park and has since thrived in the Park over the past 150 years. This herd may be the only location in the US where free ranging bison were never extirpated and is considered one of the few genetically pure bison herds remaining. However, due to concerns over the bison’s ability to transmit brucella and other cattle disease, bison are managed to remain within the Park boundaries through the use of management techniques such as hazing, capture, and culling. During the winter of 2015, it is anticipated that approximately 900 animals will be removed (300-400 via hunting and 500-600 will be shipped to meat processing or research facilities). Agenda Item 11 Item # 11 Page 2 CSU and Bison Genetics The Soapstone Prairie Natural Area Management Plan (September 25, 2007) identifies the American bison (Bison bison) as a species that may be reintroduced to Soapstone Prairie. This concept was further detailed in an April 2008 memo to Land Conservation and Stewardship Board outlining grazing alternatives on Soapstone Prairie Natural Area. Within this memo two grazing alternatives related to bison were discussed: commercial bison production and what at the time was termed “Wildlife Services bison” in reference to a partnership centered on a bison conservation herd. Commercial bison production was determined to not be a viable option for a variety of reasons generally related to financial limitations. However, managing bison with a conservation objective was considered a viable option. One of the major threats to bison conservation is loss of genetic integrity and diversity. Researchers at Colorado State University (CSU) and the USDA Animal and Plant Inspection Service (APHIS) have been partnering on a project to conserve bison genetics through assisted reproduction techniques developed at CSU. Reproductive materials (ova and semen) are harvested from genetically pure animals of Yellowstone lineage. This material can be collected from live animals or from animals recently slaughtered and once combined; the resulting embryo can be transplanted into a surrogate female bison. This technique also controls the transmission of brucella. This groundbreaking process has produced six live calves and more pregnancies in the winter of 2014/15 that have not been exposed to brucella and feature Yellowstone genetics. While the monumental hurdle of successfully removing Yellowstone bison genetics from the Park to serve as a source herd for other conservation herds across the Country has been accomplished, the task of building a herd is now the next challenge. Intergovernmental Agreement The City, Larimer County, CSU, and APHIS have been working collaboratively on an IGA for over a year to detail a partnership between the parties that will allow bison on portions of Soapstone Prairie and Reservoir Ridge Natural Areas, and County-owned Red Mountain Open Space. The agreement does not obligate any party to contribute any resources and encourages partnership. CSU and APHIS will be responsible for the veterinary care and maintenance and disease management of bison, while the City and County will provide land, a portion of the needed fencing, and some minor monitoring and maintenance responsibilities. The City has committed up to $40,000 for the construction of initial fencing for bison (much of which was needed to replace aging existing infrastructure) and to act as a match for fundraising efforts CSU is engaged in. Further funding in the Project will need to match the City’s initial investment before any additional City funds may be used for the Project. The parties will work collaboratively on landowner engagement and public outreach, emergency response, and management of the property. The agreement may also be terminated at any time with six months’ notice by any party and the agreement details how the bison may be removed from the Properties in the event of a termination, with the preference that they be donated to other conservation herds. Soapstone and Red Mountain Approximately 2,100 acres of bison grazing pasture has been identified for the Project. Approximately 2,020 acres of the pasture will be located on Soapstone with the remainder on Red Mountain Open Space. There are different configuration options for the pastures that are largely dependent on funding. If no additional funds are secured for the project in 2015, a smaller Phase I pasture will be constructed (see Attachment 2) with construction of the remaining area completed when funding allows. If funding is available in 2015, the entire pasture will be constructed with additional cross-fencing for rotations. A small reroute of the Cheyenne Rim Agenda Item 11 Item # 11 Page 3 trail will occur from the south parking lot to move the trail to a more sustainable location and to remove it from within the bison pasture. The fence design has been created with both bison containment and wildlife crossing in mind. The design adheres to Colorado Parks and Wildlife (CPW) wildlife friendly fencing standards for wire spacing and height, materials, and other techniques. The elk herd on the properties will be closely watched to ensure they can navigate the fencing and fencing adjustments will be made if any issues arise. Reservoir Ridge Natural Area In addition to the grazing pastures at Soapstone and Red Mountain, the Project may also include a small bison grazing area at the Andrijeski parcel of Reservoir Ridge Natural Area (Attachment 3). The Reservoir Ridge location is attractive for many reasons, including the close proximity to the CSU foothills campus where CSU and APHIS conduct most of the research for the Project. Additionally, the Natural Area is easily accessible to the public which provides opportunities for outreach and education about bison conservation. Due to the close proximity to Fort Collins, the fencing at the Reservoir Ridge location will be more robust to ensure the bison are contained in the small grazing area. Management The City will be the lead entity on the day-to-day management of the Project area, while CSU and APHIS will handle and care for the animals. An annual grazing plan will be created to ensure proper grazing of the bison pastures and that the stocking rates and planned rotations are appropriate for the management goals on the Properties. The initial stocking rate for the pastures is anticipated to be about 10-15 bison to slowly grow from there. The creation of the bison pasture does remove acreage from the existing cattle grazing tenant’s grazing program, but Folsom Grazing Association has been supportive of the bison introduction. The bison project was identified in the original request for proposals that established the grazing program at SSN and is included in the current grazing lease between the City and Folsom Grazing Association. Further, options are available Folsom for grazing in other parts of Soapstone. So the net impact to Folsom is negligible and contemplated in the grazing lease with the City. Ecosystem Benefits The shortgrass prairie ecosystem evolved under grazing by bison and other ungulates, fire, and other ecosystem drivers. In 2014, the black-footed ferret was reintroduced to Soapstone and now bison. However, due to the fact that bison must be fenced requires sounds grazing management. The reintroduction of these two species have garnered the interest of several researchers at CSU who will partner with the City in the future on research projects at Soapstone to assess the different effects bison grazing has to the shortgrass prairie system. Additionally, the Denver Zoo is also interested participating in research and fundraising in conjunction with the project. CITY FINANCIAL IMPACTS The City has committed up to $40,000 to complete the first phase of fencing for the Project, which will be used as a match for CSU’s fundraising efforts. Any future City funding must be subsequent to the matching of the City’s initial investment by CSU or other external funding sources. BOARD / COMMISSION RECOMMENDATION At its January 14, 2015 meeting, The Land Conservation Stewardship Board unanimously recommended approval. Agenda Item 11 Item # 11 Page 4 PUBLIC OUTREACH The reintroduction of bison was identified during the extensive public outreach during the creation of the Soapstone Prairie Natural Area Management Plan in 2007. Additionally, during the open houses associated with the update of the Natural Areas Master Plan, the reintroduction of bison at Soapstone was presented to the public for comment. ATTACHMENTS 1. Soapstone Prairie and Reservoir Ridge Natural Areas Location Map (PDF) 2. Soapstone Prairie NA and Red Mountain OpenSpace Bison Pasture (PDF) 3. Reservoir Ridge NA Potential Bison Grazing Area (PDF) 4. Sustainability Assessment Summary (PDF) 5. Land Conservation & Stewardship Board minutes, January 14, 2015 (PDF) Sources: NRCAN, Esri Esri, Japan, HERE, METI, DeLorme, Esri China USGS, (Hong Intermap, Kong)increment , Esri (Thailand)P Corp., , TomTom, CommunityUser MapmyIndia, © OpenStreetMap contributors, and the GIS Soapstone Prairie and Reservoir Ridge Natural Area Location Map Created by City of Fort Collins Natural Areas - 2015 SOAPSTONE PRAIRIE NATURAL AREA 0 1.25 2.5 5 Miles ² RESERVOIR RIDGE NATURAL AREA ATTACHMENT 1 FORT COLLINS Source: UserGIS Community, Esri, DigitalGlobe, Sources: GeoEye, Esri, HERE, i-cubed, DeLorme, Earthstar USGS, Geographics, Intermap, increment CNES/Airbus P Corp.DS, , USDA, NRCAN, USGS, Esri Japan, AEX, Getmapping, METI, Esri China Aerogrid, (Hong IGN, Kong)IGP, , Esri swisstopo, (Thailand)and , the TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Soapstone Prairie Natural Area and Red Mountain Open Space Bison Pastures Created by City of Fort Collins Natural Areas - 2015 Project Area Larimer County 0 0.25 0.5 1 Miles ² City Phase I Bison Pasture City Phase II Bison Pasture Larimer Cty Bison Pasture NA Trails City of Fort Collins Natural Areas Larimer County DNR City of Fort Collins Utilities CFoollirnts RAWHIDE FLATS RD SOAPSTONE PRAIRIE NATURAL AREA MEADOW (UTILITIES) SPRINGS RANCH RED MOUNTAIN OPEN SPACE Phase I Pasture: 800 Acres ATTACHMENT 2 Future Bison Pasture RESERVOIR RIDGE NATURAL AREA HORSETOOTH RESERVOIR AREA BUTTERFLY WOODS NATURAL AREA Source: UserGIS Community, Esri, DigitalGlobe, Esri, HERE, GeoEye, DeLorme, i-cubed, MapmyIndia, Earthstar © Geographics, OpenStreetMap CNES/contributors Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the Reservoir Ridge Natural Area Bison Pasture Area City of Fort Collins Natural Areas Department Project Area Larimer County 0 500 1,000 2,000 Feet NA Trails Andrijeski Bison Grazing Area City of Ft. Collins Natural Areas Larimer County DNR ² Date Created: 2/25/2015 1:52:12 PM Bison Pasture Area N OVERLAND TRAIL ATTACHMENT 3 MICHAUD LN SUSTAINABILITY ASSESSMENT SUMMARY DATE: February 20, 2015 SUBJECT: Sustainability Assessment (SA) Summary for Bison IGA on Soapstone Prairie Natural and Reservoir Ridge Natural Area Key issues identified: • Great benefits of bison to ecological processes at Soapstone Prairie Natural Area • Many opportunities for engagement, education, and outreach to the public around bison conservation and cultural values • Potential for increased GHG emissions from more user trips to Soapstone • Questions about social values around bison, and whether City is conducting the right outreach (Denver Zoo will be studying this issue) Suggested mitigation actions: • If significant user trips justify, investigate carpooling or bussing options to lower GHG emissions • If Denver Zoo study suggests changes, make adaptations to education and outreach re: bison Economic , 1.0 Social , 1.5 Environmental 3.0 Rating Average, 1.8 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 4 Land Conservation & Stewardship Board January 14, 2015 Bison excerpt Bison IGA with CSU – Justin Scharton Justin Scharton reported that the City, Larimer County, CSU, and APHIS have been working collaboratively on an inter-governmental agreement for over a year to detail a partnership between the parties that will allow bison on portions of Soapstone Prairie and Reservoir Ridge Natural Areas, and County-owned Red Mountain Open Space. The agreement does not obligate any party to contribute any resources but allows a true partnership to form. CSU and APHIS will be responsible for the veterinary care and maintenance and disease management of bison, while the City and County will provide land, a portion of the needed fencing, and some minor monitoring and maintenance responsibilities. The City has committed up to $40,000 for the construction of initial fencing for bison (much of which was needed to replace aging existing fencing) and to act as a match for fundraising efforts CSU is engaged in. Further funding in the Project will need to match the City’s initial investment before any additional City funds may be used for the Project. The parties will work collaboratively on landowner engagement and public outreach, emergency response, and management of the property. The agreement may also be terminated at any time with six months’ notice by any party and the agreement details how the bison may be removed from the Properties in the event of a termination, with the preference that they be donated to other conservation herds. Edward – Is today what we call a “herd” consist of 6 females? Who are we going to breed them with? Mark – The bison will be surrogate mothers and implanted with embryos by CSU. Raymond – What’s the carrying capacity at Reservoir Ridge? Justin – Very little, the relatively small area will essentially be a paddock for just a few bison which will be kept there and for only short periods of time, and the animals will require supplemental feeding. Kathryn – Where’s the water resource at Soapstone? Justin - Water resources are a windmill and water from adjudicated water rights. Greg - I’m interested in the grazing issue. Would you be concerned in the future? Is there a plan in place for overgrazing or grazing management? Justin – Because we’re starting with such few bison we’re not really worried. We’re also looking at bison grazing versus cattle grazing so there’s a bit of a difference there. Kent – If there’s nothing else and there are no additional questions, would someone like to make a motion? ATTACHMENT 5 Kathryn – On Page 2, the second to the last paragraph indicates a financial commitment. Can you explain that a little more? Kent – Yea, what is the annual costs to Natural Areas Department? Justin – The only additional cost that NAD would absorb would be fence maintenance. The City has committed up to $40,000 to complete the first phase of fencing for the project, which will be used as a match for CSU’s fundraising efforts. Any future City funding must be subsequent to the matching of the City’s initial investment by CSU or other external funding sources. Except for when the property is closed, we have staff there already that maintains the area as part of their day to day operations. Supplemental feeding and vet care expenses will all come from CSU. There will be very minimal annual expenses for NAD. Kent – Minimal as far as what? What is the economic impact? Justin – I don’t have the numbers, but I would guess less than $10,000 per year. John – I think its staff time more than anything. Raymond – Are you going to have to reroute the foothills trail there? Justin – The trail has already been rerouted, primarily to make a better trail. Trudy -Will there be a press release? Justin – This hasn’t been approved by Council yet, so not everything is set in stone. Edward made a motion that City Council approves an intergovernmental agreement between the City, Larimer County, Colorado State University, and USDA-APHIS outlining the placement and management of bison within a portion of Soapstone Prairie and Reservoir Ridge Natural Area. Greg seconded the motion. The motion was unanimously approved. - 1 - RESOLUTION 2015-027 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY, COLORADO STATE UNIVERSITY AND THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR THE CARE AND MANAGEMENT OF BISON ON PORTIONS OF SOAPSTONE PRAIRIE AND RESERVOIR RIDGE NATURAL AREAS WHEREAS, the City is the owner of properties known as Soapstone Prairie Natural Area and Reservoir Ridge Natural Areas (the “City Properties”); and WHEREAS, the 2007 Soapstone Prairie Natural Area Management Plan identifies the North American bison as a species that may be reintroduced to Soapstone Prairie; and WHEREAS, researchers at Colorado State University (CSU) have been working with the United States Department of Agriculture (USDA) Animal and Plant Inspection Service (APHIS) on a project to conserve bison genetics through assisted reproduction technology using genetically pure animals from the Yellowstone National Park bison herd (the “Project”); and WHEREAS, the next step in the Project is to build a herd on property outside of Yellowstone National Park; and WHEREAS, the City, Larimer County, CSU and APHIS have been working to develop an agreement that would allow bison on the City Properties and on the County’s Red Mountain Open Space; and WHEREAS, the Project would benefit the City by providing native grazing animals for grassland management and creating a unique wildlife viewing opportunity for the public; and WHEREAS, a proposed intergovernmental agreement is attached as Exhibit “A” and incorporated herein by reference (the “IGA”); and WHEREAS, under the terms of the IGA, the City would grant the other parties a license to enter on the City Properties for year-round grazing activities based on an annual grazing plan developed by the parties; and WHEREAS, the City would also provide up to $40,000 for bison fencing on the Project properties, and the parties would collaborate to develop other funding sources to pay for additional fencing, handling facilities, water development, other grazing infrastructure, veterinary care and supplemental feed; and WHEREAS, the City would install signs at the entrances to the City Properties with appropriate information about the Project and bison safety; and - 2 - WHEREAS, the Project would not interfere with the existing grazing lease on Soapstone Prairie Natural Area; and WHEREAS, CSU would be responsible for the care of the bison and would provide insurance for the Project naming the City and County as additional insureds; and WHEREAS, any party could terminate the IGA on six months’ written notice to the other parties; and WHEREAS, the Land Conservation and Stewardship Board considered the IGA at its regular meeting on January 14, 2015, and unanimously recommended the Council approve the IGA; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes allows governments to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit authorization by the City Manager; and WHEREAS, under Section 10 of Article XI of the City Charter, the City Council may grant a permit at any time for the use or occupation of any street, alley, or public place, with such permit being revocable by the City Council at its pleasure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor is hereby authorized to enter into the Intergovernmental Agreement between the City, County, CSU and USDA in substantially the form attached hereto as Exhibit “A”, with such modifications or additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or to effectuate the purpose of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of March, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk 1 INTERGOVERNMENTAL AGREEMENT FOR GRAZING OF BISON AT SOAPSTONE PRAIRIE AND RESERVOIR RIDGE NATURAL AREAS AND RED MOUNTAIN OPEN SPACE THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), dated ____________, 2015, is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”), LARIMER COUNTY, COLORADO (“County”), THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM ACTING BY AND THROUGH COLORADO STATE UNIVERSITY, ON BEHALF OF THE ANIMAL REPRODUCTION AND BIOTECHNOLOGY LAB (“CSU”), and THE UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE VETERINARY SERVICES (“APHIS”), and will be effective on the date last signed below (“Effective Date”). The City, County, CSU and APHIS are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. Pursuant to a separate agreement between them, CSU and APHIS are collaborating on a program to investigate the use of assisted reproductive techniques as a brucellosis mitigation strategy for North American Bison (the “Project”). B. The majority of the Project work will be conducted at CSU facilities in Fort Collins, and the animals involved will be owned by CSU. C. The City and County are the owners of certain properties, situated in the County of Larimer, State of Colorado, commonly known as the Soapstone Prairie Natural Area and the Reservoir Ridge Natural Area (City owned), and Red Mountain Open Space (County owned) (together, the “Properties”), and the City and County are willing to make portions of these properties available as grazing land for bison involved in the Project. D. Bison are listed in the Soapstone Management Plan as a species that the City’s Natural Areas Department (NAD) would like to reintroduce to Soapstone. The Project would also benefit the City by providing native grazing animals for grassland management and creating a unique wildlife viewing opportunity for the public. E. CSU will collaborate with the City and County to conduct surveys that evaluate the impact that bison have on grassland health. This will include non-invasive research conducted by graduate students from CSU, and will also provide opportunities for citizen volunteers to be involved in the Project. F. Use of the Properties for the Project will also benefit the public by supporting important work in bison genetics, disease mitigation and management, and the implementation of new techniques in the reproductive sciences to help conserve an iconic grassland species. EXHIBIT A 2 NOW, THEREFORE, the parties agree as follows: 1. Term and Termination. The term of this Agreement will begin on the Effective Date and continue until termination of the Project. Any Party may also terminate this Agreement at any time on no less than six (6) months advance written notice to the other Parties. 2. Funding. (a) CSU, APHIS, the City and the County will collaborate to develop funding sources (“Project Funds”) to pay for the construction, maintenance and repair of bison fencing, bison handling facilities, water development, and other necessary grazing and grazing management infrastructure, and herd maintenance needs on the Properties, including but not limited to veterinary care and supplemental feed. Funding provided by the City and County will not exceed the amount of funding provided by other partners in the project and will only be used for expenses on the Properties. The City and County are not obligated to provide funding for the Project. (b) Non-City or County Project Funds will be held and administered by CSU or CSU’s designee, and possibly through the CSU Foundation, which can accept tax-deductible donations to be made to the Project. (c) The City has agreed to provide and install bison fencing on the Properties at a value of up to Forty Thousand Dollars ($40,000) in matching funds for initiation of the Project on the Properties. 3. Construction of Improvements. (a) While the initial bison fencing will be installed by the City, other parties may want to place other improvements on the Properties from time to time. No improvements may be placed on any of the Properties by CSU or APHIS without the prior express written approval of the owner of such Property. The City and County will review and approve the location and design of any improvements proposed to be constructed on their respective Properties for the Project, including bison fencing and other grazing infrastructure. Any proposed improvements must be submitted to the owner of the property for its review at least sixty (60) days in advance of the proposed installation. The City and County will, in their reasonable sole discretion, approve or deny any requests for improvements. If a request is denied, the City and/or County will provide CSU and APHIS with a written response with the reason for the denial of approval. The construction of all such improvements on City-owned Properties may need to be contracted through the City’s purchasing process, or as otherwise approved by the City’s Director of Purchasing and Risk Management. (b) The City and/or County agree to install signage at the entrance to the Properties that are being used for bison grazing with appropriate information about the Project and bison safety. The Parties shall confer on the type and nature of all such signage. 3 4. City and County Rights and Responsibilities. (a) The City and County will provide a portion of the Properties for year-round grazing purposes for the Project, and hereby grant to CSU, APHIS and to each other a license to enter on their respective Properties for the purpose of carrying out the obligations of the parties under this Agreement. (b) On or about March 1 of each year, commencing in 2015, the City, County and CSU will collaboratively develop an annual written “Grazing Plan” for the Properties, which will include stocking rates, animal unit months (“AUMs”) for each pasture, and grazing rotation plans. If the City, County and CSU have not agreed upon a Grazing Plan by May 1 of each year, the City and County will determine the Grazing Plan for that year and provide CSU and APHIS with a written copy of the Grazing Plan.. (c) The parties acknowledge that the City and County currently have cattle grazing programs on Soapstone and Red Mountain and that they intend to maintain those programs. Further, the City may initiate a grazing program on Reservoir Ridge and may, in its sole discretion include the property in this Agreement. (d) Notwithstanding paragraph 4(b) above, if the City or County determines that the grazing conditions on its respective Property warrant it, whether such conditions are caused by drought, pestilence, insect infestation or any other circumstance beyond the City and County’s control, the City or County may reduce the agreed-upon number of AUMs per year on its Property to that number it determines is appropriate under the then-existing grazing conditions. If favorable grazing conditions exist, and the City or County determines that conservation objectives will not be negatively impacted by additional grazing, the City or County may increase the numbers of AUMs per year on its property to a number it determines is appropriate under the then-existing grazing conditions. (e) In addition to grazing land, the City and County (or their designees) will coordinate with each other to provide the following on the Properties: (1) Access to existing water sources for livestock; (2) Grazing management, including monitoring of forage use, water availability and range conditions to determine if changes are needed, and reporting any necessary actions to Jennifer Barfield (910-354-8061 or Jennifer.Barfield@colostate.edu) at CSU; (3) Periodic herd monitoring including reporting any problems or changes to CSU (contact: Jennifer Barfield or main ARBL office at 970-491-3456); and (4) Periodic inspection, maintenance and repair of fencing, water developments, and other grazing infrastructure during normal working hours. 4 (f) The City and County agree to allow research by CSU faculty and students on the Properties with the approval of the City and/or County. A written summary of the proposed research project must be submitted to the City and/or County for their review and approval at least 30 days prior to the initiation of the study. 5. CSU Rights and Responsibilities. (a) All bison placed on the Properties will be owned by, and be the responsibility of, CSU. CSU will provide veterinary care, reproductive services, veterinary supplies, and supplemental feed for the animals as needed. All supplemental feeding will be conducted in predetermined locations on the Properties approved in advance in writing as part of the Grazing Plan, and all hay shall be certified “weed free” by a certifying body acceptable to the City and County in their sole discretion. CSU will monitor the animals on a regular basis and will respond promptly to any reports from the City or County of sick or injured animals, escaped animals, or needed changes in stocking or rotation dates based on changed conditions on the Properties. CSU will be responsible for gathering and/capturing any escaped bison. (b) CSU will administer the Project Funds (see section 2a and 2b) to reimburse reasonable costs for labor and materials for maintenance and repair work on fencing, water developments, and other infrastructure. CSU will reimburse the City or County within thirty (30) days of receipt of a detailed invoice describing the work performed. Estimates for these costs will be provided to CSU for approval prior to the initiation of the work, except in an emergency. In the case of an emergency repair or similar situation, the City or County may proceed with the work and provide invoices for the repair to CSU as soon as reasonably possible.. If Project Funds are depleted and the parties agree that certain maintenance or repair work is necessary and should be performed, CSU may agree to reimburse the cost of such materials provided that the City and County provide the labor for such maintenance or repair work from other sources. (c) CSU may use the Properties for bison grazing purposes only. This Agreement does not allow for any other private or commercial uses, hunting, shooting, trapping or poisoning of wildlife, or control of prairie dogs. (d) In consideration of the use of the Properties for grazing, CSU agrees to use best efforts so that any animals that are no longer needed for the Project will be disposed of in priority as follows: (1) Provided as “seedstock” to other public conservation herds; (2) Sold to private producers, provided all proceeds from such sale are used to support the Project; (3) Donated to the City and/or County, subject to the City’s or County’s acceptance of the donation in its discretion; (4) If other options are exhausted, the animals may be sold to slaughter, provided all proceeds from such sale are used to support the Project; or 5 (5) If the Project has been terminated or the herd is completely eliminated through slaughter, the proceeds of any sale will be donated to the City and County to reimburse each party for expenses associated with the Project. Once the City and County are fully reimbursed, the remaining funds can be used by CSU to cover Project expenses. Any funds remaining may be donated to the American Bison Society or similar American bison conservation organization. (e) CSU, in cooperation with the City and County, will conduct studies on how bison grazing impacts prairie ecosystem health. In addition, faculty and students from various colleges will conduct non-invasive research approved by the City and/or County. Participation by other organizations in these studies, such as the Denver Zoo will be managed through CSU. All organizations participating in studies on the Properties must be approved by the Property owner, and approval will be at the Property owner’s sole discretion. 6. APHIS Responsibilities. APHIS will provide the “seedstock” bison for the Project and will provide disease monitoring on a regular basis for all Project animals. APHIS will provide testing to ensure that bison remain brucellosis free. 7. Education and Outreach. The parties will collaborate on education and outreach programs related to the Project. All parties will be acknowledged on printed materials, press releases and other materials developed about the Project. Peer-reviewed, scholarly publications will acknowledge all parties but will not give authorship unless individuals provided significant contributions to experimental design, data collection, or data analysis of the published study. 8. Use and Condition of the Properties. (a) CSU and APHIS acknowledge that the Properties are open to the public. The City and County reserve the right to close all or any portion of the Properties to the public at any time. The City and County also reserve the right to perform management activities on the Properties, and to make alterations, changes and additions to the land and improvements that make up the Properties, at any time. (b) Neither CSU nor APHIS shall permit or allow the use of the Properties by: (1) the general public, except for members of the public using the Properties in accordance with the City of Fort Collins Code and Natural Areas regulations and policies, and Larimer County Natural Resources Regulations, or (2) any persons other than CSU and APHIS’s employees or agents, who are permitted to occupy or use the Properties only to the extent required to carry out the purposes of this Agreement. (c) Only licensed vehicles are allowed on the Properties and must remain on established roads. Unlicensed vehicles are prohibited, except that ATVs used for animal management activities may be used on or off established roads, but only with the express written permission of the City or County, as applicable, keeping such use to an absolute minimum and only during dry conditions unless such use is necessary due to an emergency situation. 6 (d) CSU and APHIS acknowledge and agree that the City and County have not made, do not make, and specifically negate and disclaim any representations, warranties, or guarantees of any kind whether expressed or implied, oral or written, past, present, or future, concerning the Properties and; (i) the value, nature, quality, or condition of the Properties, including, without limitation, the water, soil, and geology of the Properties; (ii) the suitability of the Properties for any and all activities and uses which the parties may conduct thereon including the grazing of livestock; (iii) the compliance of or by the Properties or their operation with any laws, rules, ordinances, regulations of any applicable governmental authority or body; (iv) the manner or quality of the construction or materials, if any, incorporated into the improvements located on the Properties; (v) the manner, quality, state of repair or lack of repair of the improvements located on the Properties; or (vi) any other matter with respect to the Properties and the improvements located thereon. Specifically, the City and County have not made, do not make and specifically disclaim any representations regarding compliance with any environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements, including solid waste, as defined by the U.S. Environmental Protection Agency regulated at 40 C.F.R., Part 261, or the disposal or existence, in or on the Properties, of any hazardous substance, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. 9. Special Conditions. (a) Winter/Off Season. CSU, the City and the County acknowledge that access to some or all of the Properties may be difficult in the winter months. CSU, the City and the County agree to use best efforts to monitor bison health, supplemental feed and water needs on the Properties on a regular basis using the resources of CSU, the City and County as available for each Property. (i) Soapstone Prairie Natural Area. Soapstone has a resident ranch manager that is employed by the grazing tenant on the Property. The City will request that the ranch manager monitor the above needs during his/her regular working hours, even during the period of time that the area is closed to the public. However, the parties acknowledge that the grazing tenant and its ranch manager are not employees or agents of the City and are under no obligation to provide these services. CSU will provide additional support to monitor the animals if the ranch manager is not available and advance notice is provided to CSU by the City. (ii) Red Mountain Open Space and Reservoir Ridge Natural Areas. CSU, the City and County will agree upon a winter monitoring plan for these two properties prior to the introduction of bison into these areas. (b) Calving Season. The bison calving season is from April 1 st – July 31st of each year. During this period, visitor access may need to be restricted for public safety, or, at a minimum, additional signage and information may need to be provided to visitors of the Properties. The Parties agree to collaborate to provide this restricted access when warranted. 7 10. Communications. The Parties agree to collaborate in advance on any press release, media statement, adjacent landowner communication or promotion related to the use of the Property for the Project. Also, the Parties acknowledge that, in the event of an emergency concerning the Property and the Project, they will use their best efforts to coordinate with each other on any public communications; however, coordinating such communications in advance may not be practicable. In addition, the Parties agree to collaborate on their fund raising and communications for the Project. 11. Liability and Insurance. (a) To the extent permitted by applicable law, each party will be responsible for its own negligent acts or omissions and that of its officers, employees, agents and contractors. Neither the City nor the County will be liable to CSU, APHIS or each other for any livestock injuries or deaths, regardless of cause, incurred in connection with grazing on the Properties under this Agreement, unless such injuries or deaths result from a negligent act or omission of the City or County. Any liability of the City, County, CSU, or their officers and employees is subject to all the defenses, immunities, and limitations of the Colorado Governmental Immunity Act (Section 24-10-101, et seq.) and to any other defenses, immunities, and limitations to liability available under the law. (b) During the term of this Agreement, CSU, at its sole cost and expense, must procure, pay for, and keep in full force and effect a comprehensive policy of general liability insurance and insuring CSU in an amount not less than One Million Dollars ($1,000,000.00), which may also be provided through self-insurance, covering bodily injury, including death to persons, personal injury, and property damage liability arising out of a single occurrence. Such coverage must include, without limitation, the insured’s' liability for property damage, bodily injuries, and death of persons in connection with the keeping of CSU’s bison on the Properties (including acts or omissions of CSU or of its officers, employees, or agents), and protection against liability for non-owned and hired automobiles. Such coverage must also include automobile liability insurance. All such policies of insurance must name CSU as an insured and name the City and County as additional insureds. CSU shall provide the City and County with notice of cancellation within 30 days. CSU will provide certificates of insurance to the City and the County as evidence of insurance. Notwithstanding the notice period in paragraph 1, if CSU’s insurance is cancelled the City and/or County may immediately terminate this Agreement and require removal of the animals from the Properties. (c) All Project work conducted on the Properties, including movement of animals from outside Colorado onto the Properties, must comply with all applicable laws, regulations and other legal requirements. 12. Default. If any party defaults in its obligations under the terms of this Agreement, a non-defaulting party may give the defaulting party written notice specifying the nature of the default. If the defaulting party has not cured the default within thirty (30) days, or, for a default reasonable requiring more than 30 days to effect a cure, has not commenced a cure within 30 days and pursued it with diligence, then the non-defaulting party may terminate this Agreement and/or pursue all available remedies at law or in equity. 8 13. Termination. Upon termination of this Agreement: (a) All bison must be removed from the Properties unless CSU agrees to donate, and the City or County agrees to accept, some or all of the animals. (b) Upon termination of the Project, CSU will remove surface fixtures, equipment and other improvements installed on the Properties for the Project, except for the fencing, to the extent requested by the City and County. CSU must consult with the Property owner in advance of any such removal, and the City or County may in its sole discretion require CSU to leave some or all improvements in place, provided that CSU shall be allowed to remove all portable handling facilities from the Properties. If CSU removes improvements from the Properties, CSU shall restore the Properties to a condition comparable to their condition prior to the removal activities. 14. Notices. Any notice or other communication given by any party to another relating to this Agreement must be hand-delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at its respective addresses set forth below; and such notice or other communication will be deemed given when so hand-delivered or three (3) business days after so mailed, or the next business day after being deposited with an overnight commercial courier: If to the City: Natural Areas Department City of Fort Collins Attn: Natural Areas Director P.O. Box 580 Fort Collins, CO 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to the County: Larimer County Natural Resources Department 1800 S. County Road 31 Loveland, CO 80537 9 If to CSU: Animal Reproduction and Biotechnology Lab Attn: Department Head Colorado State University Fort Collins, CO 80523 With a copy to: Office of the General Counsel Colorado State University System 01 Administration Building 0006 Campus Delivery Fort Collins, CO 80523 If to APHIS: Animal and Plant Health Inspection Service Veterinary Services, Office of the Deputy Administrator Washington, DC 20250 15. Obligations Subject to Appropriation. The obligations of the City and of the County to commit or expend funds after calendar year 2014 are subject to and conditioned upon the annual appropriation of funds sufficient and intended to carry out said obligations by the Fort Collins City Council and the Larimer County Board of County Commissioners, respectively, in the City and County’s sole discretion. If the City Council or Board of County Commissioners do not appropriate funds necessary to carry out any such obligations, the City or County will notify the other parties promptly of such non-appropriation. If such non-appropriation results in a material impairment of CSU or APHIS’s rights hereunder, such party may terminate the lease, with no further recourse against the City or County, by providing thirty (30) days written notice to the City and or County. If neither party exercises this termination right within sixty (60) days of receiving the City’s or County’s notice of said non-appropriation, then each such party waives its right to terminate this Agreement pursuant to this section. 16. General Provisions. (a) Words of the masculine gender include the feminine and neuter gender; and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and vice versa. (b) This Agreement is to be construed according to its fair meaning and as if prepared by all parties hereto and is deemed to be and contain the entire understanding and agreement between the parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto. 10 (c) This Agreement cannot be modified or assigned except in writing signed by all parties. (d) Subject to the provisions hereof, the benefits of this Agreement and the burdens hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators, successors, agents and permitted assigns. (e) This Agreement will be governed by and its terms construed under the laws of the State of Colorado. Any judicial proceedings commenced by a party to enforce any of the obligations, covenants, and agreements contained herein, must be commenced in the Larimer County District or County Courts or the Federal Courts in Denver, Colorado. (f) Nothing contained herein is deemed or should be construed by the parties nor by any third party as creating the relationship of principle and agent, a partnership or a joint venture between the parties, or an employment relationship between the parties. (g) This Agreement is made for the sole and exclusive benefit of the City, County, CSU and APHIS, their successors and assigns, and it is not made for the benefit of any third party. (h) The City and County reserve the right to grant to any third party such easements and rights-of-way as they each may desire over, across, and under portions of the Properties and to lease all or any portion of the Properties to any other third party so long as such easements, rights-of-way, and leases do not unreasonably interfere with the rights of CSU or APHIS as provided in this Agreement. (i) If any term or condition of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any way affect any of the other terms or conditions of this Agreement, provided that the invalidity of any such term or condition does not materially prejudice any party in their respective rights and obligations under the valid terms and conditions of this Agreement. (j) To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations, and rights set forth herein survive and will not be affected by the expiration or termination of this Agreement. (k) No party will be deemed in violation of this Agreement if prevented from performing any of its respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which it is not responsible or that are not within its control. 11 THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: By: Darin A. Atteberry, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 12 LARIMER COUNTY, COLORADO By: ---------------------------------------------------- Linda Hoffmann, County Manager APPROVED AS TO FORM: ___________________________ County Attorney 13 THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY Date: ____________ By: ________________________________ Amy L. Parsons Vice President for University Operations Approved: Date: ____________________ By:__________________________________ Dr. Thomas Hansen, Director Animal Reproduction and Biotechnology Laboratory Legal Review: Date: ________________________ By: ____________________________ Jason L. Johnson Deputy General Counsel Colorado State University System