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.
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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.
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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.
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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.
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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.
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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.
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$ 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 �