Loading...
HomeMy WebLinkAbout2015-053-05/19/2015-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY REGARDING BIOLOGICAL INVEN RESOLUTION 2015-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY REGARDING BIOLOGICAL INVENTORY AND DATA ANALYSIS THROUGH THE COLORADO NATURAL HERITAGE PROGRAM WHEREAS, the City of Fort Collins Natural Areas Department is updating the Department's Comprehensive Restoration Plan (CRP) and the Bobcat Ridge Natural Area Management Plan (BRNMP), as components of the Natural Areas 2015 workplan; and WHEREAS, the Colorado Natural Heritage Program (CNHP) is a nonprofit organization, administered by the Warner College of Natural Resources, Department of Fish, Wildlife & Conservation Biology at Colorado State University (University); and WHEREAS, the Natural Areas Department has identified resources available through the CNHP that are necessary to complete the workplan updates, including biological survey, data analysis, rare species/communities conservation planning and ecological monitoring; and WHEREAS, the University is willing to provide environmental information and expertise through CNHP to facilitate development of the Natural Areas workplan updates; and WHEREAS, Natural Areas staff has recommended the City Council authorize the City Manager to enter into an Intergovernmental Agreement in the form attached hereto as Exhibit "A", and incorporated herein by reference, addressing the scope of biological survey and data analysis to be obtained through the CNHP; and WHEREAS, the City is authorized to enter into intergovernmental agreements to provide any function, service, or facility, as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the Intergovernmental Agreement Regarding Biological Inventory and Data Analysis with Colorado State University and the Colorado Natural Heritage Program, upon the terms and conditions described above and such other terms and conditions, or subsequent modifications or amendments, as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes set forth herein, and not otherwise inconsistent with this Resolution. 1 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of May, A.D. 2015. of poRr coy` %I Mayor SEAL ATTEST: 6 0LORP00 City Clerk - 2 - EXHIBIT A INTERGOVERNMENTAL AGREEMENT REGARDING BIOLOGICAL INVENTORY AND DATA ANALYSIS SERVICES THROUGH THE COLORADO NATURAL HERITAGE PROGRAM THIS INTERGOVERNMENTAL AGREEMENT REGARDING BIOLOGICAL INVENTORY AND DATA ANALYSIS ("Agreement"), is made and entered into on the day and year that it is fully executed by all Parties ("Effective Date"), by and between the City of Fort Collins, Colorado, a home rule municipality of the State of Colorado ("City") and The Board of Governors of the Colorado State University System, acting by and through Colorado State University, and its Warner College of Natural Resources, Department of Fish, Wildlife & Conservation Biology, an institution of higher education of the-State of Colorado ("University") (collectively, the 'Parties"). F WHEREAS, the Fort Collins Natural Areas eD�tment is'in[he process of updating the Comprehensive Restoration Plan (CRP) and the Bobcat Ridge Natu al,Area Management Plan (BRNMP), as part of the Department's 2015 work plan; and �� WHEREAS, established in 1979, the Colorado Natural Heritage,Program(CNHP) is a nonprofit organization, administered by the Warner College,of Natural Resources/Department of Fish, Wildlife & Conservation Biology'at Colorado State University; and \ \�\ WHEREAS, the Natural Areas Department,has-identified resources available through the CNHP that will enable,timely completion of the CRP and BRNP updates, with regards to biological survey, data analysis;rare species/omm/um es conservation planning and ecological monitoring; and t WHEREAS, thee University is willing t�provide access to environmental information and experti se,through.CNHP to facilitate development of the City's Natural Areas Department workplan;,and \� WHEREAS, the Parties desire3\to enter into an intergovernmental agreement setting forth the terms for access to CNHP�reso'urces regarding biological inventory and data analysis; and WHEREAS\.May 13, 2015, the Fort Collins Land Conservation and Stewardship Board reviewed the scope•of work.for the proposed intergovernmental agreement, and recommended approval by the Fort Collins City Council; and WHEREAS, the Parties have authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: IGA for Colorado Natural Heritage Program Research 1 I. Scope of Work. University agrees to provide biological inventory and data analysis services in accordance with task summaries set forth in Exhibit A, attached hereto and incorporated by this reference.' 2. Term. This Agreement shall commence on the Effective Date, and shall continue for one (I) year unless sooner terminated as provided herein. The Parties may terminate this Agreement at any time, without cause, by giving not less than thirty (30) days written notice to the other party, but such termination shall not relieve the parties from any obligations incurred while the Agreement was in effect. 3. Compensation. As compensation for the services rendered under this Agreement, City shall pay to University an amount to not,to exceed Twenty Six Thousand Seven Hundred twenty Two dollars ($31,044.00). 4. City Representative. The City will designate, prio (commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project All requests for contract interpretation, change orders, and other clarification or instruction shall bevdirected,tot e City Representative. 5. Relationship of Partied s; Assign ent. NeitherParty may assign or in any way transfer its rights under this Agreement to,any'other,persons'or non-parties. Nothing in this Agreement shall imply any partnership,,joint venture, or other association between the University and the City..Each,Party shall have sole responsibility for the content and the conduct of its activities Neither the University's nor the City:s name shall be used by the other to suggest co-sponsorship or endorsement of any activity without prior written approval of the other Party � 6.� Notices. Any notice, e t, demand, consent or approval, or other communication iequi`d-or permitted hereun\r,will'be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail or with an overnight courier, with proper postagee and address as follows: If to University: [...] Executive Director Colorado Natural Heritage Program [ ...] , Warner College of Natural Resources, Department of Fish, Wildlife& Conservation Biology [ ...] Campus Delivery Colorado State University Fort Collins, CO 80523-6030 With a Copy to: Office of the General Counsel O1 Administration Building 0006 Camus Delivery Fort Collins, CO 80523-000 IGA for Colorado Natural Heritage Program Research 2 If to City: City of Fort Collins Natural Areas Department P.O. Box 580 Fort Collins, CO 80522-0580 With a Copy to: City Attorney's Office City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522-0580 7. Binding Effect; Third Party Beneficiaries/This writing, together with the exhibits hereto, constitutes the entire agreement between the Parties and shall be binding upon the Parties, their officers, employees, successors,,and permitted assigns, and shall inure to the benefit of the respective successors, and permitted assign"f the Parties. It is expressly understood and agreed that the enforcement of the terms and conditions_of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the Parties. Nothing contained in this contract shall give or,all'ow any claim or right of action whatsoever by any other third person. It is the express intention of,the Parties that any such person or entity, other than the Parties, receiving`services or benefits under this Agreement shall be deemed an incidental beneficiary only 8. Amendment. No modification or amendment to,this Agreement shall be valid unless it is made in a writing is gned by the\authorized representatives of the Parties. 9. Default; Termination; Dispute Resolution. a._� Default�\A'/Party will be considered in default of its obligations under this Agreement if such party should fail to observe;;to comply with, or to perform any term, condition, or covenant contained in this,Agreement and such failure continues for 10 days after,anon-defaulting,arty gives the defaulting Party written notice thereof. �6�� Termination for Cause. In the event of default, a non-defaulting Party, upon written notice to the defaulting Party, may terminate this Agreement as of the date specified in the,notice. C. Dispute Resolution. Any dispute concerning the performance of this Agreement that cannot'be resolved by the designated representatives of the Parties shall be referred to superior departmental management staff designated by each party (which, for University, shall be the Vice President for University Operations, and for the City, shall be the City Manager), whose decisions shall be made within thirty (30) days after notice or such other period as the Parties may agree. Failing resolution at that level, either party has the right to bring legal action to recover only such damages and remedies as are authorized pursuant to this Agreement, in accordance with Colorado law, and only in a court of competent jurisdiction located within the City of Fort Collins, County of Larimer, Colorado. Notwithstanding any other provision contained herein, neither party shall be liable to the other for any indirect, 1GA for Colorado Natural Heritage Program Research 3 consequential, incidental, exemplary (punitive), or special damages. In the event of any default or dispute, each party shall be solely responsible for its own attorneys' fees. 10. Appropriation.The City's financial obligations under this Agreement are contingent upon the annual appropriation, budgeting and availability of specific funds to discharge those obligations. Nothing in this Agreement shall create a payment guaranty by either Party or a debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any similar provisions of the City's charter or ordinances. 11. Survival of Certain Terms. Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this Agreement and the exhibits and attachments hereto which may require continued performance,,compliance, or effect beyond the termination date of this Agreement shall survive such termination date. 12. Waiver. The waiver by either party of a breach,or violation of any provision of this Agreement shall not operate as or be construed to be,a waiver of any subsequent breach of the same or other provision hereof. 13. Severabitity. In the event that a�provision of-this Agreement is`held unenforceable for any reason, the remaining provisions,of this Agreement shall remain in full force and effect. 14. Counterparts and Facsi it:��TUsAggreement mm\\y be executed with any number of counterparts, each of,which;when executed and delivered will constitute an original, but all such counterparts will constitute one and the,same'i�nstrumen\'-- 15. Spec�l Provisions.The Special Provisions appearing on the following page are required by Colorado law to be contamed.in every state contract of the state of Colorado, and are hereby incorporated into this,contract;except-that Special Provisions 3 (first paragraph), 7, and 10 shall not-apply. confliehbetween the Special Provisions and any other provision of this contract, including any exhibit or attachment, shall'be controlled by the Special Provisions. IGA for Colorado Natural Heritage Program Research 4 SPECIAL PROVISIONS [Attach most current version of State special conditions] 1, I IGA for Colorado Natural Heritage Program Research 5 IN WITNESS WHEREOF, THE PARTIES HERETO HAVF. EXECUTED THIS AGREEMENT CITY: STATE OF COLORADO John Hickenlooper GOVERNOR Board of Governors of the Colorado State CITY OF FORT COLLINS, A COLORADO MUNICIPAL University System, acting by and through Colorado CORPORATION State University By: By: Date: Darin A.Atteberry i \ City Manager REQUIRED APPROVALS: C By: `\ Dean or Dept Head \\\\ Date: \ Name.&Title: / l Exewti\ Director of Colorado Natural 'Heritage Program ATTEST: \ LEGAL REVIEW ,Cynthia Coffman, Attorney General \) By City Clerk Special Assistant Attorney General for Colorado State University Date: APPROVED AS TO.FORM \ i Assistant City Attorney \/ ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER C.R.S. §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. IGA for Colorado Natural Heritage Program Research 6 STATE CONTROLLER Robert Jaros, CPA By: Authorized Delegate Name: Linda Meserve l Date: �l \ IGA for Colorado Natural Heritage Program Research 7 EXHIBIT A Scope of Work Updates to the City of Fort Collins Natural Area Department Comprehensive Restoration Plan and the Bobcat Ridge Natural Area Plan A. Scope Statement l. Objective �` The City of Fort Collins Natural Areas Departmenvis m the process of preparing an update to the Comprehensive Restoration Plan (CRP),,aid the Bobcat Ridge Natural Area Management Plan (BRNMP). We are requesting,assistance,from the Colorado Natural Heritage Program (CNHP) to complete tasks related to biological survey, data analysis, rare species/communities conservation/planning and ecological monitoring. All deliverables will be provided to NAP by CNHP on or before the,completion date stated below for each task. 2. Update to the Comprehensiv�R�o�on PlLA \�\� Task I — Identify Priority Restoration Needs lands Completion b yAu ust_31, 2015\ As part ofupdating the Natural Areas' CRP,we are looking to CNHP expertise in identifying important plants, wildlife and plant communities that could be supported as,part of ecological restoration on existing (city) natural area property. These target,sites-will include areas that are considered rare habitat types or / habit to s'impo�ttant to CNHP tracked species or communities. Targeted restoration or conservation sites may include areas of tracked species in high quality condition for preservation or poor condition that could benefit from ecological restoration.We believe,this would be primarily an office exercise supported by \limited field reeonnaissance�CNHP biologists will use a habitat-based approach (e.gXgrassland, cottonwood gallery forest, mountain mahogany shrubland) to identiO,restoration needs, as well as identify species that may benefit from restoration-efforts./This process will be guided by best professional knowledge, CNHP BIOTICSdatabase information, literature review, existing reports from NAP, and aerial imagery. These recommendations will be provided to the NAP in a report format. Staff from NAP will provide relevant background material and reports to CNHP staff. Task 2 — Evaluate Performance metrics related to assessing the success of wetland, riparian, and grassland restoration projects. Completion by August 31, 2015 Natural Areas staff is routinely asked to evaluate the success of extensive restoration projects in the grassland and the river/riparian environment. Staff is looking for tools to rapidly assess the progress (on an annual basis) of habitat improvement (restoration) projects and wildlife utilizing restored sites. We are requesting assistance in identifying possible indicator species and/or monitoring protocols depending on the selected target. Ideally; selected indicators could be monitored with minimal effort and gauge restoration success. This effort will include a literature review of existing protocols tools, and guidelines to monitor restoration outcomes as well as a proposed framework developed from the literature that,can be implemented in future restoration activities. The proposed framework will be created as an iterative process between CNHP ecologist and Ft Collins staff. Task 3—Analysis of floristic quality mdex.data -� Completion by August 31, 2015 / FQA data for NAP has\beenadded,to an Access database by NAP botanist Crystal Strouse. CNHP staff will''assist Strousein data analysis and interpretation, and will provide a sh rt, written report about the FQA data. The report will provide an interpretation-of the condition of floristic-quality,in the natural areas, and will (I Imake,useful comparisons to other area's in Colorado that have existing FQA calculatio \\\�-' 3. Update"d to the Bobcat Ridge N�a Management Plan C ask`4—Data A\I\,o\I s twinpod data Complet on by August 31\2015 - The�pd to to th� Bobcat Ridge Natural Area Management plan will include a data analysis ofBell's twinpod (Physaria bellii) data previously collected by Natural Area staff based on the initial survey conducted by CNHP in 2004. We wish to understand current distribution, trend, and any recommendations for management. CNHP staff will use existing data provided by the NAP in a spreadsheet or database electronic format to calculate density for Bell's twinpod, and an overall population size estimate based on work done by Anderson (2007). The results will be provided to NAP in a short, written report summarizing methods and results. Task 5 — Inventory and analysis of Prebles Meadow Jumping Mouse Completion by September 30, 2.015 Assistance is requested from CNHP, conduct surveys for Preble's meadow jumping mouse (Zapus hudsonius preblei). The information provided by CNHP will assist Natural Areas staff in completing the plan updates with the most current information available for rare species and their associated habitats. A presence/absence survey of Preble's meadow jumping mouse, is requested in order to provide current species information for,the plan update. For the initial BRNMP, CNHP identified several potential mouse'habitat areas. When the trails were being planned, more surveys were conducted and one Preble's meadow jumping mouse was found at one of the locations in 2005. The trail alignment was re-routed to avoid the habitat per USFW,direction. We'd like to verify this population still exists and gain information on best management and restoration potential to maintain or perhaps expand the populatio\nxThese results are requested to be submitted in a report style format. Assistance is also requested in identifying important areas and habitat that mayrequire special consideration for restoration or protection of Preble's meadow jumping mouse. 4. Objectives Natural Areas staff needs data analyzed and summarized into short report format for Tasks 1 through•4 by the-end of August 2015,such that the,information received may be incorporated into the departments Cotprehen i e Restoration Plan. i Likewise, a summary of the field investigation and report for the Preble's meadow jumping.mouse survey,an reportcompleted`by September 30, 2015 such that the data and d er co min endat�,may bei corporaated�into the Bobcat Ridge Management Plan. B. Assumptions The assumption`is that the vendor will ha\the information and materials that they need to; identify target restoration areas fontracked species, analyze data on Bell's twinpod and floristic quality, and conduct Preble's meadow jumping mouse surveys. The data to be analyzed will be provided by NaturalAreasstff. Copies of the previous BRNMP and CRP will be provided. C. Historical Information The following is an excerpt from the 2005 BRNMP detailing the previous Preble's meadow jumping mouse survey. , "In August 2004, the City's Natural Areas Program contracted with Jan Peterson, Ph.D. to conduct a trapping survey on city-owned portions of Buffum Canyon. From August 24 to August 28, 175 traps were laid out in two transects, one on each side of the stream. During the total of 700 trap-nights, 135 rodents were captured; 10long-tailed voles (Microtus longicaudus), 18 Mexican woodrats (Neotoma mexicana), 97 deer mice (Peronryscus maniculatus), and 10 Northern rock mice (P. nasutus). No Preble's meadow jumping mice were detected at this site, however, the survey was limited to the immediate vicinity of CR 32C in Buffum Canyon, at the entrance and parking lot area of the site. The results are not applicable to any other area of Bobcat Ridge (see appendix 6 for the full survey report). Surveys of the potential habitats on the interior parts of Bobcat Ridge will need to be conducted." D. Constraints Due to limited budgets we are requesting a cost per each task be made as it may not be possible to fund all tasks in one budget year. i 1 EXHIBIT B BUDGET The table below contains the cost of each of the five tasks to be completed under this Agreement, as set forth in Exhibit A. Indirect rates for this project are 34%. Task Indirect Staff Salaries Travel Total Task I Restoration Priorities $1,483 1$4,361 \ \ $5,844 Task 2 Restoration Monitoring $3,258/ 1$6,581 \ \ $3,000 $12,839 Task 3FQl data assistance $539/ / $1,584 $2,123 Task 4 Bell's twinpod data assistance $1,108< $3,258 $4,366 Task 5 Preble'sjumping mouse surveys $1,490, \ $4,382/,, \ \ $5,872 Total $7,878 \ $20,166 j $3,000\ $31,044