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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - CONTRACT - AGREEMENT MISC - CSU IGA BIOLOGICAL INVENTORY AND DATA ANALYSIS BOBocuSign Envelope ID, F54711613-1EC7.4FFF-81DEA-E942EB76FE2E 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, for the use and benefit of the Colorado Natural Heritage Program (CNHP) , an institution of higher education of the State of Colorado ("University") (collectively, the "Parties"). WHEREAS, the Fort Collins Natural Areas Department is in the process of updating the Comprehensive Restoration Plan (CRP) and the Bobcat Ridge Natural Area Management Plan (BRNMP), as part of the Department's 2015 workplan; and WHEREAS, established in 1979, the Colorado Natural Heritage Program (CNHP) is a program, 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/communities conservation planning and ecological monitoring; and WHEREAS, the University is willing to provide access to environmental information and expertise through CNHP to facilitate development of the City's Natural Areas Department workplan; and WHEREAS, the Parties desire to enter into an intergovernmental agreement setting forth the terms for access to CNHP resources regarding biological inventory and data analysis; and WHEREAS, on 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 X1V, 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: 1 DocuSign Envebpe ID: F547116B-1EC74FFF-BDEA-E942EB76FE2E 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 1 Restoration Priorities $1,483 $4,361 $5,844 Task 2 Restoration Monitoring $3,258 $6,581 $3,000 $12,839 Task 3 FQI data assistance $538 $1,584 $2,122 Task 4 Bell's twinpod data assistance $1,107 $3,258 $4,365 Task 5 Preble's jumping mouse surveys $1,490 $4,382 $5,872 Total $7,876 1$20,166 $3,000 $31,042 DocuSlgn Envelope ID: F547116&1Ec7-4FFF-8DEA-E942EB76FE2E 1. 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 (1) 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 Thirty One Thousand Forty Two dollars ($31,042.00) upon execution of this Agreement. 4. City Representative. The City will designate, prior to 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 be directed to the City Representative. 5. Relationship of Parties; Assignment, Neither Party 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, request, demand, consent or approval, or other communication required or permitted hereunder 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 postage and address as follows: If to University: Bernadette Kuhn Principal Investigator Colorado Natural Heritage Program 1475 Campus Delivery Colorado State University Fort Collins, CO 80523-1475 Phone: 970-491-5857 Bemadette.kuhn@colostate.edu With a Copy to: Carmen Morales Senior Research Administrator Sponsored Programs Colorado State University 2002 Campus Delivery =Stgn Envelope ID- F547116B-1EC7-4FFF-SDEA-E942E876FE2E Fort Collins, CO 80523-2002 Phone: 970-491-6684 carmen.morales@colostate.edu 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 assigns of 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 allow 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 signed 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 a non -defaulting Party gives the defaulting Party written notice thereof, b. 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 3 DocuSign Envelope ID: F547116B-1 EC7-4FFF-8DEA-E942EB76FE2E 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, 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. Severability. In the event that any 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 Facsimiles. This Agreement may 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 instrument. [Signatures appear on following page] 4 icuSign Envelope ID: F547116B-iEC7-4FFF-8DEA-E942EB76FE2E IN WITNESS WHEREOF, TIIE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Div CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION UNIVERSITY: BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through Colorado State University —DocuSlynad by. Docuftned by: L",, Amy LE �i?. V6� By: _ _ _ By .�^_.AI— Darin A. Atteberry City Manager David B. Doty, Interim Director Sponsored Programs Date: 6/29/2015 I ATTEST: DocuSipnad by: City Clerk APPROVED AS TO FORM FDoeuSigned by. tot V64rw - Assistant City Attorney 6/24/2015 Date: 5 DocuSign Envelope ID: F547116&1EC7-4FFF-BDEA-E942ES76FE2E 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 Objective The City of Fort Collins Natural Areas Department is in the process of preparing an update to the Comprehensive Restoration Plan (CRP) and 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 Comprehensive Restoration Plan Task 1 — IdentifV Priority. Restoration Needs on existing NA lands Completion by August 31, 2015 As part of updating 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 habitats important to CNI4P 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 reconnaissance. CNHP biologists will use a habitat -based approach (e.g. grassland, cottonwood gallery forest, mountain mahogany shrubland) to identify restoration needs, as well as identify species that may benefit from restoration efforts. This process will be guided by best professional knowledge, CNHP BIOTICS database 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. icuSign Envelope R. F547116B-1EC7-4FFF-SDEA-E942EB76FE2E 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 index data Completion by August 31, 2015 FQA data for NAP has been added to an Access database by NAP botanist Crystal Strouse. CNHP staff will assist Strouse in data analysis and interpretation, and will provide a short, written report about the FQA data. The report will provide an interpretation of the condition of floristic quality in the natural areas, and will make useful comparisons to other areas in Colorado that have existing FQA calculations. 3. Updated to the Bobcat Ridge Natural Area Management Plan Task 4 — Data Analysis of Bell's twinpod data Completion by August 31, 2015 The update to the Bobcat Ridge Natural Area Management plan will include a data analysis of Bell'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. DocuSign Envelope ID: F547116B-1EC7-4FFF-80EA-E942EB76FE2E Task 5 — Inventory and analysis of Prebles Meadow Jumping Mouse Completion by September 30, 2015 Assistance is requested from CNHP, conduct surveys for Preble's meadow jumping mouse (Zapus hudsoniuspreblei). 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 population. These results are requested to be submitted in a report style format. Assistance is also requested in identifying important areas and habitats that may require 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 Comprehensive Restoration Plan. Likewise, a summary of the field investigation and report for the Preble's meadow jumping mouse survey and report completed by September 30, 2015 such that the data and recommendations may be incorporated into the Bobcat Ridge Management Plan. B. Assumptions The assumption is that the vendor will have the information and materials that they need to; identify target restoration areas for tracked 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 Natural Areas staff. 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; 10 long-tailed voles (Microtus longicaudus), 18 Mexican woodrats (Neotoma mexicana), 97 deer mice icuSign Envelope ID; F547118B-1EC7-4FFF-8DEA-E942EB78FE2E (Peromyscus 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.