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HomeMy WebLinkAbout2016-20 IGA for Multiple Jurisdictional Hazardous Fuels Reduction ProjectRESOLUTION NO. 20 Series 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST SERVICE EAGLE/HOLY CROSS RANGER DISTRICT REGARDING THE TOWN OF VAIL HAZARDOUS FUELS REDUCTION PROJECT; 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"); and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the U.S. Forest Service is responsible for the management, use, and stewardship of natural and cultural resources on national forests and grasslands; WHEREAS, the Cooperative Funds Act of 1914 allows the U.S. Forest Service to collect contributions for forest investigation, protection, management and improvement work on National Forest System lands that is the responsibility of the U.S. Forest Service; WHEREAS, the purpose of the Intergovernmental Agreement (the "IGA") is to document the voluntary contribution of funds from the Town to the U.S. Forest Service to implement hazardous fuels reduction activities on National Forest System lands adjacent to the Town; 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 ADOPT D this 17th d f May, 2016. ve Chapin, Town ay r STS _ a L(, Oar vr- cK ny, Town C '<; • '• �� SEAL Resolution No. 20, Series 2016 1J+�S USDA, Forest Service OMB 0596-0217FS-1500-11 FS Agreement No, 16 -CO -11021507-047 Cooperator Agreement No. COLLECTION AGREEMENT Between The TOWN OF VAIL And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST SERVICE EAGLE/HOLY CROSS RANGER DISTRICT This COLLECTION AGREEMENT is hereby entered into by and between the Town of Vail, hereinafter referred to as "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 provisions of the: The Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498 as amended by Pub. L. 104-127). Backaround: The U.S. Forest Service, as an agency of the United States of America, is responsible for management of National Forest System (NFS) lands and therefore, is responsible for the management, use, and stewardship of natural and cultural resources on national forests and grasslands. The Cooperative Funds Act of 1914 allows the U.S. Forest Service to collect contributions for forest investigation, protection, management and improvement work on the NFS lands that is the responsibility of the U.S. Forest Service. The purpose of this Collection Agreement is to assign responsibility for U.S. Forest Service costs associated with hazardous fuels reduction on the White River National Forest adjacent to the Town of Vail, Colorado. This Agreement is not a commitment to or approval of any activities that are subject to completion of environmental analysis, NEPA and other procedures; project work associated with this agreement consist of forest protection and natural resource management of the National Forest System. Title: Town of Vail Hazardous Fuels Reduction Project I. PURPOSE: The purpose of this agreement, and incorporated Financial Plan (Exhibit A), is to document the voluntary contribution of funds from the Cooperator to the U.S. Forest Service to implement hazardous fuels reduction activities on National Forest System lands adjacent to the Town of Vail, Colorado, managed by the U.S. Forest Service. This project is considered to be mutually beneficial to the Cooperator and the U.S. Forest Service. As such, the U.S. Forest Service agrees to waive recovery of indirect costs. This is a multi-year agreement incorporating multiple hazardous fuel projects which will cross Federal fiscal years. Funds provided to the U.S. Forest Service are available for the period of performance of this Agreement. Page 1 of 6 OMB 0596-0217 is USDA, Forest Service FS -1500-1 I II. THE COOPERATOR 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. Perforin in accordance with the Financial Plan, see attached Exhibit A. C. Upon presentation of a Bill of Collection, advance the U.S. Forest Service for $63,700.00 as shown in the incorporated Financial Plan, attached as Exhibit A. D. Acknowledge and understand that emergencies, such as wildfire, may have an impact on the workload demands of the U.S. Forest Service, and thus the time frame for the U.S. Forest Service work covered by this agreement. III.THE U.S. FOREST SERVICE SHALL: A. ADVANCE BILLING. The U.S. Forest Service shall bill the Cooperator prior to commencement of work for deposits sufficient to cover the estimated costs for the specific payment period. Billing Method: 1. Single lump sum advance bill. Billing must be sent to: Town of Vail Attn: Mark Novak 2399 North Frontage Road West VAIL, CO 81657 Email: mnovak(L�vailgov.com B. Perform in accordance with the attached Financial Plan, Exhibit A. C. Use the Cooperator's funds only for proposes of performing work necessary and agreed upon in the incorporated Financial Plan, see Exhibit A. IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: A. The Cooperator's contributions are made voluntarily to the U.S. Forest Service to support hazardous fuels reduction projects and activities. B. The Cooperator's contributions are not solicited by the U.S. Forest Service. Page 2 of 6 217 9SI USDA, Forest Service OMB 0596-0-I FS -1500-1 I I C. This Agreement may be modified in the future by mutual consent of both parties. See provision Q of this section. D. CONTINGENCY, NO DEBT. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this agreement is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This agreement shall never constitute a debt or obligation of the Town under any statutory or constitutional provision." E. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Paul Cada Mark Novak Wildland Program Administrator Fire Chief Vail Fire and Emergency Services Vail Fire and Emergency Services 2399 North Frontage Road West 2399 North Frontage Road West Vail, CO 81657 970.477.3475 970.531.5577cell Principal U.S. Forest Service Contacts: Vail, CO 81657 970.477.3474 970.471.0927cell U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact _ Cary Green Clark Woolley Forester Grants & Agreements Specialist 24747 US Hwy 24, PO Box 190 900 Grand Avenue Minturn, CO 81645 Glenwood Springs, CO 81601 Telephone: 970-827-5160 Telephone: 970-945- 3227 Email: ccgreen(cDfs.fed.us Email: emwoolley@fs.fed.us F. U.S. FOREST SERVICE LIABILITY TO THE COOPERATOR. The United States shall not be liable to the Cooperator for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work by the U.S. Forest Service or its contractors under this collection agreement, including but not limited to fire suppression costs and damage to any property owned by the Cooperator or any third party. Page 3 of 6 oMB 0596-0217 1Ja�5 USDA, Forest Service Fs -1500-11 G. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent or obligated for the project(s) approved under this agreement, may be refunded to the Cooperator, authorized for use for a new agreement by the Cooperator, or waived by the Cooperator. A DUNS number and registration in the System for Award Management (SAM.gov) by the Cooperator may be necessary to process a refund. Due to processing costs, any balance less than $25 shall not be refunded to the Cooperator. H. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. The Cooperator is encouraged to give public notice of the receipt of this agreement and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "White River National Forest of the U.S. Forest Service, Department of Agriculture." The Cooperator may call on the U.S. Forest Service's Office of Communication for advice regarding public notices. The Cooperator is requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to the U.S. Forest Service's Office of Communications as far in advance of release as possible. FREEDOM OF INFORMATION ACT (FOIA). Public access to 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). J. 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. K. 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 Forest Service products or activities. L. NOTICES. Any communication affecting the operations covered by this agreement by the U.S. Forest Service or the Cooperator will be 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 Cooperator's address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. Page 4 of 6 03 USDA, Forest Service OMB 0596-0217 FS -1500-11 M. COLLABORATION. The U.S. Forest Service and the Cooperator may mutually agree to collaborate in the review of draft publications, interpretive signs, manuscripts, and other printed material and audiovisuals prior to completion. This agreement, in and of itself, does not authorize the Cooperator's participation in the project. N. 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. A written request must be submitted and approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia. O. TERMINATION FOR COLLECTION AGREEMENTS. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. The U.S. Forest Service shall not incur any new obligations for the tenninated portion of this agreement after the effective date of termination and shall cancel as many obligations as possible. Full credit must be allowed for U.S. Forest Service expenses and all non- cancelable obligations properly incurred up to the effective date of termination. P. 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. Q. 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 perfonned. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. Page 5 of 6 $ USDA, Forest Service OMB 0596-0217-1500-11 FS -- l 15 00-11 021 5 I R. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature, and has an expiration date of December 1, 2021. The expiration date is the final date for completion of all work activities under this agreement. S. 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, Colorado Date SCOTT G. FITZWILLIAMS, Forest Supervisor Date U.S. Forest Service, White River National Forest Attachment(s): Financial Plan (Exhibit A) The authority and fonnat of this agreement have been reviewed and approved for signature. , CLARK M. WOOLLEY, G&A Spe talist U.S. Forest Service, White River National Forest Burden Statement S- 117 ///- Date 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) 677.8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 6 of 6 U.S. Forest Service OMB 0596-0217 FS -1500-18 Forest Service Agreement #1 16 -CO -11021507-047 Cooperator Agreement # Collection Agreement Financial and Operating Plan (Multi -Year) Cooperator and FS Contributions COST ELEMENTS and related data Cooperator Contribution FS Non -Cash Contribution Line Item Cost Subtotals Subtotal Subtotal Combined Subtotals PERSONNEL Resource Specialists (List all personnel): # of Days S/Day FMO - R.Wilmore 2.00 $400.00 $800.00 $800.00 AFMO -.i. Conrad 5.00 $325.00 $1,625.00 $1,625.00 Todd Ayers, E606 15.00 $265.00 $3,975.00 $3.975.00 Todd King, E606 15.00 $280.00 $4,200.00 $4,200.00 Eric Hughes, E607 12.00 $280.00 $3,360.00 $3,360.00 Mary Flynn, E609 10.00 $235.001 $2,350.00 $2,350.00 $0.00 Range Technician, S. Elzin ga 2.00 $330.00 $660.00 $660.00 Range Technician GS -5 (Seasonal) 10.00 $150.00 $1,500.00 $1,500.00 $0.00 Subtotal, Personnel: 71.00 $18,470.00 $0.00 $18,470.00 TRAVEL Explanation of trips: From Wheje;To Where/Foi Whom Vehicle Mileage Cost or Airfare Cost # of Trips PerDiem and Lodging Flcet - UCR 50.00 8 $400.00 $400.00 $0.00 $0.00 Subtotal, Travel: $50.00 8 $0.00 $400.00 $0.00 $400.00 EQUIPMENT Type UnitQuantity Cost Diip Torches $150 5 $750.00 $750.00 BackPack Sprayers $160 4 $640.00 $640.00 $0.00 Subtotal, Equipment: 1 $310.001 9 $1,390.001 $0.001 $1,390.00 SUPPLIES Name and Type of Supplies: UnitCost Quantity Fuel $10 30 $300.00 $300.00 Herbicide $300 1 $300.00 $300.00 $0.00 Subtotal, Supplies: $310.00 31 $600.001$0.001 $600.00 U.S. Forest Service OMB 0596-0217 FS -1500-18 CONTRACTUAL Describe Contracts that will most likely result from thisproject: IDIQ Hand Treatment Contract $42,000.00 $42,000.00 $0.00 $0.00 Subtotal, Contractual: $42,000.00 $0.00 $42,000.00 OTHER Describe Other Costs of the Project: Burn Permit $840.00 $840.00 $0.00 $0.00 Subtotal, Other: $840.00 $0.00 $840.00 TOTAL DIRECT CHARGES $63,700.00 $0.00 $63,700.00 OVERHEAD ASSESSMENT (if applicable, see FSH 1909.13) Insert Rate Here: 0.0% $0.00 Total Party Costs $63,700.001 $0.001 $63,700.00 'COST ELEMENTS SUBJECT TO NATIONAL PASS-THROUGH RATES Cooperator Contribution TOTAL CHARGES $0.00 OVERHEAD ASSESSMENT (if applicable, see FSH 1909 13) Insert Rate Here: a.o°i° $0.00 Total Pass -Through Costs $0.00 TOTAL PROJECT COSTS $63,700.00 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 45 minutes 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, reprisai., 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. SAM Search Results 1_,_ist of -records matching your search for Search Term : Town' of Vail* Record Status: Active �NTITY jVAIL, TOWN OF Status:Active DUNS: 961904703 +4- CAGE Code: 4R6V0 DoDAAC: Expiration Date: Mar 28, 2017 Has Active Exclusion?: No Delinquent Federal Debt?: No ........... . .. Address: 75 S FRONTAGE RD VV City: VAIL State/Province: COLORADO ZIP Code: 81657-5043 Country: UNITED STATES May 05, 2016 6 29 PM page 1 of �