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.
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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.
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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.
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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
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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
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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
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