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HomeMy WebLinkAbout2007-085-09/18/2007-APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF A WILDLIFE HAZARD ASSESSMENT AND MANA 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 1 g nt 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 Cou f 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) ARTICLEI —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. C. 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 home 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, WS 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 monthperiod, and a PP P gr 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(WIMP)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. W S 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-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-WS 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-WS and the public land administrator(s)/manager(s)before any APHIS-WS work is conducted. 1 i 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-WS. 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 b WS P � ) Y 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 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, salarylbenefrts, 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-W S if required. Any equipment and supplies purchased under the terns of this agreement will remain the property of APHIS-WS. 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: 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 2