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Home My WebLink AboutCITY OF FORT COLLINS CITY OF LOVELAND DEPARTMENT - CONTRACT - CONTRACT - DEPARTMENTOF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICES WILDLIFE HAZARD ASSESSMENT COOPERATIVE SERVICES AGREEMENT REIMBURSABLEAgreement No 08-7308-6075-RA Accounting Code 873-7308-033 COOPERATIVE SERVICE AGREEMENT REIMBURSABLE between THE CITY OF FORK COLLINS and THE CITY OF LOVELAND (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 — PURPOSE The purpose of this Agreement is to provide a Wildlife Hazard Assessment followed by a Hazard Management Plan for the Ft CollinsJLoveland 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 tesponsibilrties 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 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 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 Multi -Fiscal `(ear 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 is in effect Notwithstanding the foregoing, the Cities agree that their respective City Managers are hereby directed to Include in anv annual budget and appropriation proposals submitted to ., Agreement No 08-7308-6075-RA Accounting Code 873-7308-033 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 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-AVS 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 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 coats 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 servo e 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 seance 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 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 08-7308-6075-RA Accounting Code 873-7308-033 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 admuustering 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 F mancial Plan as may be amended e To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the Financial Plan WS will cease providing goods or services until a revision to the Work and Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement f Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of WS pertaming 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 Foi costs borne by WS, this agreement is contingent upon the passage of the Agriculture, Rural Development. and Related Agencies Approprun ion Act for the current fiscal year horn 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 fiords only for a finite period under a Continuing Resolution ARTICLE 7 - ASSURANCES Nothing in this agieernent 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 any share or part of this agreement of to any benefit to arise therefiom ARTICLE 9 — APPLICABLE REGULATIONS All WDM activities will be conducted in dccoidance with applicable Federal, State and local laws and Agreement No 08-7308-6075-RA Accounting Code 873-7308-033 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 - CITY OF FT COLLINS Tax Identification Number C; t l K xral o' r- CITY OF LOVELAND{ �v�U(oUg Tax Identification Number UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLA114T HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number 41 0696271 Directo s r R _fio� i;4Xy ;-klrw-w 9- Ax1)— o 10- 1?- 07 Date /o Z 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 Coopeiative Service Agieement No 08-7308-6075-RA between the United States Department of Agriculture, Animal and Plant Health Inspection Seivice, Wildlife Services and the cities of Ft Collins and Loveland. this Woik Plan sets forth the objectives, activities and budget foi the Wildlife Services Program to be conducted over a 12 month pei tod, beginning federal fiscal year 2008 The cities of Ft Collins and Loveland will provide total finding for ffhe 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 nnerim 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: All operations shall have thejoint 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 administiator before any APHIS-WS work is conducted c Control of Public Lands An Agreement for Contiol 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 admimstrator(s)/managei(s) before any APHIS-WS work is conducted 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 tesponsibdity for conducting the work under this plan for Ft Collins/Loveland Municipal Airport, in Colorado Total cost for this agreement over a twelve month period is $93,808, to be billed quarterly in equal installments The cities of Ft Collins and Loveland agree to provide 100% of this cost Such costs include, but are not limited to, salary/benefits, vehicle use, travel costs, and supplies/equipment An estimated itemization of expenses is listed below, however funds may be distributed between itemized categories at the discretion of APHIS-WS if required Any equipment and supplies purchased under the terms of this agreement will remain the property of APHIS-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 i,) r 0 A, AUTHORIZATION CITY OF FT COLLINS Colorado C�a,n a1 t r Date ; CITY OF LOVELAND Colorado - 0 7 ev �..... Date (4't�o� h UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH SERVICE 1. WIL LIF SERVICES—7w 'rIns/ 1f)-12-0-7 COD State Director, Colorad6 Date .... Director 1G -2o Date A