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HomeMy WebLinkAbout2016-18 IGA to Control and Eradicate Noxious Weeds and Invasive Plant SpeciesRESOLUTION NO. 18 Series 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST'S EAGLE/HOLY CROSS RANGER DISTRICT REGARDING THE CONTROL AND ERADICATION OF NOXIOUS WEED AND INVASIVE PLANT SPEICIES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town and the U.S. Forest Service (the "Parties") share a common interest in improving or protecting the current condition of the watershed and lands within the Town; WHEREAS, the success of invasive plant treatments depends upon the cooperative approaches due to the movement of these species across jurisdictional boundaries; WHEREAS, the Intergovernmental Agreement (the "IGA") is to document the cooperation between the between the Parties to collaborate on specific restoration, enhancement, and/or protection efforts related to noxious weed and invasive plant species control and eradication; WHEREAS, the IGA provides for the interchange of services, equipment, supplies, and technical assistance; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into this Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day 4�Mlay, 2016. 01 M ATT(00i" N•OF•v'V Pat enn Tow CI2 EAL Resolution No. 21, Series 2016 ORAO� $USDA, Forest Service OMB 0596-0217 FS -1500-16 FS Agreement No. Cooperator Agreement No. NON -FUNDED PARTICIPATING AGREEMENT Between The TOWN OF VAIL And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST 16 -PA -11021507-046 This PARTICIPATING AGREEMENT is hereby entered into by and between the Town of Vail, hereinafter referred to as "the Cooperator," and the USDA, Forest Service, White River National Forest's Eagle/Holy Cross Ranger District, hereinafter referred to as the "U.S. Forest Service," under the authority: the Wyden Amendment, 16 U.S.0 101 1 a and as amended. Background: The U.S. Forest Service and the Cooperator share a common interest in the control and eradication of noxious weeds and invasive plants on public and private lands, within the watersheds in and adjacent to the Town of Vail and the White River National Forest. The success of invasive plant treatments depends upon cooperative approaches due to the movement of these species across jurisdictional boundaries. Title: The Town of Vail Noxious Weed Treatment and Control Agreement. I. PURPOSE: The purpose of this agreement is to document the cooperation between the parties to collaborate on specific restoration, enhancement, and/or protection efforts related to noxious weed and invasive plant species control and eradication. The parties have a common interest in improving or protecting the current condition of the watershed and lands within the Town of Vail. This Agreement provides for the interchange of services, equipment, supplies, and technical assistance in accordance with the following provisions and the hereby incorporated Annual Operating and Financial Plans, attached as Exhibit A. No funds are exchanged between the parties. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The U.S. Forest Service and the Cooperator will mutually benefit from the control and eradication of noxious weeds and invasive plants on public and private lands, within the watersheds. As a result of the control and eradication, there will be improved forage, native plant diversity, wildlife habitat, and water quality, as well as wildfire hazard reduction where invasive annual grasses have created a fuel complex conductive to increased ignition probability and rates of fire spread. This Agreement will facilitate the prevention of new infestations through early detection and rapid response (EDRR) across jurisdictional boundaries, which is the first priority in control and eradication of noxious weeds and invasive plants. Page 1 of 12 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 Both parties to this agreement recognize that certain noxious weeds pose a threat to the environmental and economic health of the Town of Vail and National Forest System lands by the displacement of native plant species, and the degradation of wildlife forage, wildlife habitat and recreational values. This agreement will facilitate a cost-effective and a coordinated treatment of noxious weeds throughout the Cooperator's lands and across jurisdictional boundaries with the objective of achieving healthy and productive natural and agricultural ecosystems. This agreement defines the roles and responsibilities of the U.S. Forest Service and the Cooperator in this effort. In consideration of the above premises, the parties agree as follows: III. TOWN OF VAIL SHALL: A. LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. B. Coordinate with the U.S. Forest Service on an operating plan for cooperative noxious weed management activities. This coordination will take place at the annual project planning meeting held each spring, prior to work being accomplished. The spring meeting will help to identify specific projects that will be performed during that year. Those projects will be described on the Operating & Financial Plan for that year and attached to this agreement. C. Conduct inventories of roadside noxious weed infestations on a regular basis, sufficient for planning of noxious weed management activities along county and forest roads. D. Assist the U. S. Forest Service noxious weed control efforts by treating forest roads or forest administered properties. The areas to be treated under this agreement will be designated in the Annual Operating Plan. E. Coordinate the goals of its noxious weed management program to be consistent with U.S. Forest Service goals in order to provide consistent management on a landscape scale. F. Conduct treatments on U.S. Forest Service administered lands, targeting areas and species which will be complementary to the forest noxious weed control efforts. Document all treatments and submit them to the Weed Program Manager. Page 2 of 12 USDA, Forest Service OMB 0596-0217 FS- 1500- 16 IV. THE U.S. FOREST SERVICE SHALL: A. Coordinate with the Cooperator on an operating plan for cooperative noxious weed management activities. This coordination will take place at the annual project planning meeting held each spring, prior to work being accomplished. The spring meeting will help to identify specific projects that will be performed during that year. Those projects will be described on the Operating & Financial Plan for that year and attached to this agreement. B. Provide herbicide(s) and spray adjuvants (surfactant, spray colorant, etc.), provide maps, inspect/monitor treatment efficacy. C. Conduct inventories of roadside noxious weed infestations on a regular basis, sufficient for planning of noxious weed management activities along county, town, and forest roads. D. Assist the Cooperator noxious weed control efforts by treating town roads or town administered properties. The areas to be treated under this agreement will be designated in the Annual Operating Plan. E. Coordinate the goals of its weed management program to be consistent with the town's goals in order to provide consistent management on a landscape scale. F. Conduct treatments on the Cooperator's administered lands, targeting areas and species which will be complementary to the Cooperator's noxious weed control efforts. Provide the Cooperator a minimum of 24 hours advance notice of intent to enter onto the Cooperator's land. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. The U.S. Forest Service or the Cooperator may require immediate temporary suspension of all or any part of the activities under this agreement when the U.S. Forest Service determines it is necessary to protect the public health, safety, or the environment. B. Both parties will coordinate and provide leadership in the development of strategic planning; assessment; monitoring of implementation, effectiveness, and project consistency; education, and site-specific project planning, in cooperation with private landowners to manage and maintain treated areas consistent with the agreement objectives. C. Neither party to this agreement will directly supervise employees of the other party to this agreement. Qualified supervisors shall be on site with employees of their organization during performance of activities under this agreement. Page 3 of 12 USDA, Forest Service OMB 0-15 000-17 FS -15-16 D. When applicable, provide site-specific noxious week treatment prescriptions, maps, technical assistance, and administrative support in accomplishing objectives with the limits of annual budget and work priorities. E. AVAILABILITY OF FUNDS. U.S. Forest Service funds are not obligated under this Agreement. Nor is the Cooperator obligated to provide funds under this Agreement. F. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: I Cooperator Program Manager Contact Gregg Barrie Project Landscape Architect 1309 Elkhorn Dr. Vail, CO 81657 Telephone: 970-479-2337 FAX; 970-479-2166 Email: GBarrie(2(vailgov.com Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Stephen Elzinga Clark Woolley Range Technician Grants & Agreements Specialist, WRNF Address: 24747 US Hwy 24/PO Box 190 900 Grand Avenue City, State, Zip: Minturn, CO 81645 Glenwood Springs, CO 81601 Telephone: 970 328-5896 Telephone: (970) 945-3227 FAX: 970 827-5715 FAX: (970) 945-3266 Email: selzinga(cyfs.fed.us Email: cmwoolle a,fs.fed.us G. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or the Cooperator are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To the Cooperator, at the addresses shown in the agreement or such other address designated within the agreement Page 4 of 12 U�S USDA, Forest Service OMB 0517 FS -1500- 016 Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. H. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities and does not by direct reference or implication convey the Cooperator's endorsement of the U.S. Forest Service's activities. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the U.S. Forest Service Insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications (Washington Office). A written request will be submitted by the U.S. Forest Service to the Office of Communications Assistant Director, Visual Information and Publishing Services, prior to use of the insignia. The U.S. Forest Service will notify the Cooperator when permission is granted. K. NON-FEDERAL STATUS FOR COOPERATOR. The Cooperator agree(s) that any of the Cooperator's employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as the Cooperator hereby willingly agree(s) to assume these responsibilities. Further, Cooperator shall provide any necessary training to Cooperator's employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. The Cooperator shall also supervise and direct the work of its employees, volunteers, and participants performing under this agreement. L. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. M. NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information Page 5 of 12 OMB 0596-0217 11�tS USDA, Forest Service FS -1500-16 (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. N. ELIGIBLE WORKERS. The Cooperator shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. O. AGREEMENT CLOSEOUT. Within 90 days after expiration or notice of termination the Cooperator shall close out the agreement. Within a maximum of 90 days following the date of expiration or termination of this agreement, all reports required by the terms of the agreement must be submitted to the U.S. Forest Service by the Cooperator. P. PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain information on the following: - Daily application records for all herbicide application applied to the National Forest System lands. The Cooperator shall submit end of year performance reports to the U.S. Forest Service Program Manager. These reports are due 90 days after the reporting period. Q. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Cooperator shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration or termination date. As used in this provision, records include books, documents, accounting procedures and practice, and other data, regardless of the type or format. The Cooperator shall provide reasonable access and the right to examine all records related to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative upon prior written request. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3 -year period and so notified to Cooperator, the records must be kept until all issues are resolved, or until the end of the regular 3 -year period, whichever is later. Page 6 of 12 OMB 0596-0217 U�S USDA, Forest Service FS -1500-16 Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition. R. FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally -recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill). S. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. T. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction or with the approval of the U.S. Forest Service becomes property of the United States. These improvements are subject to the same regulations and administration of the U.S. Forest Service as would other National Forest improvements. No part of this agreement entitles the Cooperator to any interest in the improvements, other than the right to use them under applicable U.S. Forest Service Regulations. U. REMEDIES FOR COMPLIANCE RELATED ISSUES. If the Cooperator materially fail(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, the U.S. Forest Service may wholly or partly suspend or terminate the current agreement. V. GOVERNMENT -FURNISHED PROPERTY. The Cooperator may only use U.S. Forest Service property furnished under this agreement for performing tasks assigned in this agreement. The Cooperator shall not modify, cannibalize, or make alterations to U.S. Forest Service property. A separate document, Form AD -107, must be completed to document the loan of U.S. Forest Service property. The U.S. Forest Service shall retain title to all U.S. Forest Service -furnished property. Title to U.S. Forest Service property must not be affected by its incorporation into or attachment to any property not owned by the U.S. Forest Service, nor must the property become a fixture or lose its identity as personal property by being attached to any real property. Page 7 of 12 OMB 0596-0217 ltlS USDA, Forest Service FS -1500-16 Cooperator Liability for Government Property. Unless otherwise provided for in the agreement, the Cooperator shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract, except when any one of the following applies: a. The risk is covered by insurance or the Cooperator is otherwise reimbursed (to the extent of such insurance or reimbursement). b. The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of the Cooperator's managerial personnel. The Cooperator's managerial personnel, in this provision, means the Cooperator's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the Cooperator's business; all or substantially all of the Cooperator's operation at any one plant or separate location; or a separate and complete major industrial operation. 2. The Cooperator shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Cooperator shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. 3. The Cooperator shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. 4. Upon the request of the Grants & Agreements Specialist, the Cooperator shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of agreements of assignment in favor of the Government in obtaining recovery. W. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated, in whole or part, as follows: 1. When the U.S. Forest Service and the Cooperator agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. 2. By 30 days written notification by the Cooperator or by the U.S. Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. X. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. Page 8 of 12 OMB 0596-0217 U�S USDA, Forest Service FS -1500-16 Y. DEBARMENT AND SUSPENSION. The Cooperator shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should the Cooperator or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary Z. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. AA. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature and is effective through December 1, 2017 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement. BB. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below. STAN ZEMLER, Town Manager Town of Vail, CO Date SCOTT G. FITZWILLIAMS, Forest Supervisor Date U.S. Forest Service, White River National Forest The authority and format of this agreement have been reviewed and approved for signature. CLARK M. WOOLLEY Date U.S. Forest Service, Grants Management Specialist Page 9 of 12 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 10 of 12 EXHIBIT A Operating Plan, Financial Plan, and Map FY16 Operating Plan Goal Control and eradication of noxious weeds and invasive plants on public and private lands, within the watersheds in and adjacent to Town of Vail and on the White River National Forest. Objectives - Coordinate a cooperative weed management program for consistent management on a landscape scale. - Collaborate and treat Federal lands as well as town roads or town administered properties. - Conduct treatments on town administered lands, targeting areas and species which will be complementary to the town noxious weed control efforts. - Conduct inventories of roadside noxious weed infestations. Methods - Utilizing various ground pesticide application equipment (backpack, UTV, horse or truck mounted sprayers) treat all detected State of Colorado listed noxious weeds with Environmental Protection Agency (EPA) approved herbicides and ensure their labels are strictly adhered to. - Evaluate/monitor treatment effectiveness - Evaluate treatment effectiveness Treatment Areas - The areas to be treated under this agreement are identified in annual meeting with the identified town weed program manager. - Proposed project areas may include: o Buffehr Creek Unit o Middle Creek Unit - Acreage treated will be dependent upon the severity of the weed infestations. Reporting - A copy of the daily application records along with map locations of the weed infestations will be submitted to the town weed program manager, no later than September 30`" annually. Expected Results and Environmental Compliance The results of this collaboration: 75-85% mortality of treated noxious weeds, resulting in each following year's herbicide input to decline. All environmental compliance and permitting for the project have been completed. Page 11 of 12 JII � 'Vi eAK J _ s hFt^a ` Ail Page 12 of 12 MAO u 1 �m C� N � WO O O L O O N m LL O m C N N d O LL N 7 Q Z O Z a O CD v 0 ti 0 Lo N 0 r a CD r T C fa U OM LL o t c t O N Np c R a� t6 N C O � C_ N LL N H c � E o m r_ � ca COD O C E 7 O U Mo N O Z LL r'� 0 0 0 0 0 0 X00, O N 00 r n s a� U) m U U) U) L O � II i a II O II C) O LL .I. O y U .I. vs. is mw j, U ^ J .M 00 Q1 ' 444 8t. 64 69 d,4 O O O Oo o O O O O O O O O C C O C C C C C G7 Q 00 69 69 69 69 6A o g vi vi vi 6.s 69 6A Oo 0 0 0 0 O o O 0 0 0 0 0 0 O O O o O ;^ 6A69 69 69 O O O O O O O O O C C C C C C C C C 69 69 6A 69 69 69 6R 69 69 0 O _-C m as M o o. 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