HomeMy WebLinkAboutResolution - 2004-R0240 - Private Lands Grant Agreement - Wildlife Service - 05_25_2004Resolution No. 2004-RO240
May 25, 2004
Item No. 25
RESOLUTION
WHEREAS, the United States Fish and Wildlife Service (the "Service") provides
support and financial aid for qualified wildlife management programs; and
WHEREAS, the City of Lubobck, Texas desires to establish a qualified wildlife
management program at the Remington Park Addition Playa Lake (the "Program"); and
WHEREAS, the Remington Park Neighborhood Association has provided
invaluable assistantce in establishing a cooperation agreement between the City of
Lubbock and the Service for the Program; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU 3BOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Private Lands Grant
Agreement by and between the City of Lubbock and the United States Fish and Wildlife
Service. Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 25th
ATTEST:
-Rebecca Garza, City Secretary
day of May , 2004.
APPROV D AS TO C ENT:
0
I AMA
Co in Pembertn, Parks and Recreation Director
APPROVED AS TO FORM:
Amy L. ms, ity Attorney
I
gs:/ccdocs/Private Lands Grant Agrmnt.res
May 11, 2004
Resolution No. 2004-RO240
May 25, 2004
Item. No. 25
FWS Agreement No: 1448-20181- -
Charge Code: 21420-1004-04-1121-0000-0000
Taxpayer Identification Number:
Amount: $8,636.00
PRIVATE LANDS AGREEMENT
AUTHORITY:
A. This cooperative agreement, effective and binding on the date of last signature below,
between the City of Lubbock, private lands cooperator, (Cooperator), and the U.S. Fish and
Wildlife Service, (Service), is entered into pursuant to authority contained in the Fish and
Wildlife Coordination Act, 16 U.S.C. Sections 661-667(e).
77 �. hereby agrees to or participates with the Service to conduct certain wildlife
� r
management practices (described in Exhibit A, attached) on private lands owned by the
Cooperator in Lubbock County, State of Texas as shown on the attached Lubbock West,
Texas 7.5-minute topographic map (Exhibit B) North Latitude )IMEDOMMMM
and West LongitudeThese coordinates represent the
approximate center of the project area.
II. PURPOSE:
In signing this agreement, the Cooperator named above joins as a participant with the Service in
a wildlife management program and grants to the Service the authority to complete wildlife
habitat development activities, or agrees to personally carry out wildlife management activities
with financial or material support as described in the attached Project Plan, Exhibit A. The
furnishing of supplies or equipment, or direct payments from the Service to the Cooperator for
carrying out the wildlife habitat developments, are specifically included in the attached Project
Plan, Exhibit A, hereby incorporated and made a part of this agreement.
III. RESPECTIVE RESPONSIBILITIES OF THE PARTIES:
In addition to the specific tasks and contributions to this effort as identified in Exhibit A hereof,
the parties further agree as follows:
A. The Service:
FWS Agreement No: 1448-20181- -
1. Does not assume jurisdiction over the premises by this agreement. The Service assumes
no liability for damage except that resulting from its own negligence on this property.
2. Will not be held liable in any way to restore the property to its prior condition upon
termination or expiration of this agreement.
3. Agrees to provide technical advice and assistance in obtaining permits that may be
required for the Cooperator to fulfill the terms of this agreement.
B. The Cooperator:
1. Retains all rights to control trespass and retains all responsibility for taxes, assessments,
and damage claims.
2. Guarantees ownership of the above -described land and warrant that there are no
outstanding rights that interfere with this wildlife management agreement. A change of
ownership shall not change the terms of this agreement, which shall remain in effect on
the described property for the duration of the period specified in Section IV, below.
The Cooperator agrees to notify the Service of planned or pending changes of
ownership at least 30 days in advance.
3. Agrees to allow the Service (its members, agents, or assignees) access to the project
site, upon prior notification by the Service, for wildlife habitat development and
management purposes and to inspect work completed. All Service members, agents,
and assignees will be in uniform or will have proper identification as government
employees or agents.
4. Agrees to provide their Taxpayer Identification Number to the Service. Taxpayer
Identification Number (TIN) means the number required by the IRS to be used in
reporting income tax and other returns. For most individuals, this is the Social Security
Number. The Service is required to obtain this information to process any payment(s) to
the Cooperator as a result of this agreement. This information will be furnished to the
IRS as required by the Tax Reform Act of 1986 and may be shared with the Department
of Justice. Furnishing a Social Security Number is voluntary, but failure to do so may
result in disqualification from this program.
5. Assumes responsibility for securing any permits needed to carry out the project
described in Exhibit A.
IV. TERM OF THIS AGREEMENT:.
A. This agreement shall be in effect for 10 years beginning on the date of last signature below,
unless terminated earlier in accordance with Section VII, Termination Provisions, as set
forth below.
B. The work identified in Exhibit A, Paragraph 4, will be completed no later than one year
2
FWS Agreement No: 1448-20181- -
from the effective date of this agreement. If this work cannot be completed by the date
specified, a request for extension must be received by the Service's Project Officer
(specified in paragraph V (A) below) 30 days prior to the established completion date. If an
extension is approved, the Service's Contracting Officer will issue an amendment to the
agreement.
C. At the end of the agreement's term, the wildlife habitat development becomes the property
of the Cooperator.
D. No obligation to any of the parties of this agreement shall be in effect after the term of this
agreement has expired.
V. ADMINISTRATIVE MATTERS:
A. For purposes of coordination and acceptance of work, the Service designates the following
named individual as the Service's Project Officer:
John P. Hughes
Fish and Wildlife Biologist, Partners for Fish and Wildlife Program
U. S. Fish and Wildlife Service
P $ox �14
C 4 adiyari Texas 19014
Or
His successors
B. The Service's Point of Contact (POC) on the agreement is the Project Officer.
C. The Cooperator shall submit an invoice with supporting receipts to claim payment
hereunder. Upon execution of this agreement, the Project Officer will supply the Cooperator
a sample invoice for optional use in requesting payment. The Cooperator will prepare an
invoice to include all information required on the invoice format with the original signature
of the Cooperator, and will submit it to the Service's Project Officer specified in Section V
(A), above. Upon verification of the accuracy of the data provided and the completion of
the work as invoiced, the Service's Project Officer will recommend payment through the
U.S. Treasury by electronic fund transfer. In accordance with U.S. Treasury regulations,
payments will be made within 30 calendar days after receipt and approval of a proper
invoice. The Service is not obligated to reimburse the Cooperator for any amount in excess
of this agreement, unless the agreement is formally amended to increase that amount.
D. The Service is prohibited by law from making obligations that exceed available funds and
3
FWS Agreement No: 1448-20181- -
therefore, the Service can do only that work for which there are funds. In the event funds are
not available to do the wildlife habitat development work within the period of time or in the
manner prescribed in Exhibit A, the Service will advise the Cooperator of that fact.
E. Pursuant to Section 22, Title 41, United States Code, it is further mutually agreed that no
member of or delegate to Congress or resident commissioner, after his/her election or
appointment, and either before or after he/she has qualified and during his continuance in
office, shall be admitted to any share or part of this agreement, or to any benefit to arise
thereupon; but this provision shall not be construed to extend to this agreement if made with
a corporation for its general benefit.
F. This agreement may be modified at any time by mutual consent of all parties and reduced to
writing.
G. This agreement, as defined herein, constitutes a financial business arrangement between the
Service and the Cooperator and does not create a partnership or joint venture between the
parties.
VI. PROJECT DESCRIPTION:
The effort to be accomplished is set forth in the Project Plan, Exhibit A, incorporated herein as
attached.
VII. TERMINATION PROVISIONS:
This agreement may be terminated by either party upon 30 days advance written notice to the
other party(ies). If the Cooperator terminates the agreement prior to expiration of its term, the
Cooperator will reimburse the Service for the cost of the wildlife habitat developments. If the
Service terminates this agreement, the Service may at its option remove any wildlife
developments placed on the property.
IN WITNESS WHEREOF, the parties hereto have caused this Private Lands Agreement to be executed
as of the date of last signature below.
4
FWS Agreement No: 1448-20181- -
Marc McEO
ATTEST:
Reb6ca Garza, City Secretary
APPROV03kAST CONTENT:
orbin Pemberton, Marks and Recreation Director
APPROVED AS TO FORM:
� t
Sim s= 1ty Attorney
APPROVED:
Co mg i er, S arran 31
U.S. Fish and Wildlife Se , egion 2
May 25, 2004
Date
May 25, 2004
Date
(2 Qq
Date
2
Date
6 G
Date
Resolution No. 2004-RO240
EXHIBIT A
City of Lubbock Project Plan and Costs Estimated
I. Planned Work:
Work planned for the property covered under this agreement will be for the purpose of removing
and replacing failed erosion control structures surrounding a playa, planting a native shortgrass
upland buffer, and establishing moist soil -adapted grasses and forbs on the playa margin.
Buffalograss will be established on upland areas by sprigging, and annual weeds on the site will
be controlled using 2,4-D labeled for use in aquatic areas to prepare an adequate seedbed for the
planting of moist soil -adapted grasses and forbs. Deteriorated plastic netting erosion controls will
be replaced by GeojuteTM to reduce siltation into the playa. Moist soil plant seeds will be
harvested by hand from other Lubbock County playas and scattered on mudflat areas adjacent to
the playa during low water events in late summer of 2004. All work will be performed in
accordance with Natural Resources Conservation Service (MRCS) standards and specifications
and/or specifications provided by the Service. The agreement term is 10 years.
II. Contributions of Parties:
A. The Service:
1. Agrees to cost -share in practices specified in this agreement, thus enhancing the value of the
area for resident and migratory wildlife species.
2. Agrees to inspect the work periodically during construction, if necessary, and provide
technical assistance regarding management and maintenance of the works of improvement.
3. Agrees to annually evaluate the management techniques and provide guidance regarding their
success and modify the management guidelines as necessary to ensure maximum benefits to
wildlife.
B. The Cooperator:
1. Agrees to cost -share in the works of improvement for the property. Agrees to obtain the
services of a competent contractor to ensure the practices are completed in a timely manner
and meet the specifications of this agreement.
2. Agrees to maintain the site to the maximum benefit of wildlife for the term of this agreement.
3. Agrees to not begin the project until an archaeological evaluation is completed, if the State
Historical Preservation Officer requires such an evaluation.
4. Agrees to provide annual maintenance of works completed to ensure that they are in good
condition and function as agreed upon for the life of this agreement.
III. Estimated Costs:
Practice Description
Practice
Cost
Cooperator
Cost -share
Service
Cost -share
Buffalo ass establishment (sprigging)
$5,000.00
$5,000.00
$0.00
2,4-D preparation of seedbed
$800.00
$0.00
$800.00
Moist soil plant establishment
$500.00
$0.00
$500.00
Removal of plastic netting
$2,500.00
$0.00
$2,500.00
Installation of GeojuteTM erosion
controls
$4,836.00
$0.00
$4,836.00
Totals
1 $13,636.00
$5,000.00
$8,636.00
IV. Work Schedule: Work will be completed within one year from effective date of this agreement
prior to submission of an Invoice for Payment. The Service should be informed, in writing, of
any delays in completing this project within one year. If such delays occur, an extension should
be requested.
V. This Project Plan was agreed upon between the Cooperator and the Service Project Officer on
May 12, 2004.
K
Resolution No. 2004-RO240
EXHIBIT B
City of Lubbock project, Lubbock County, Texas
From: Lubbock West, TX 7.5-minute topographic map
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GeoiL erosio control installation ?�P
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~ oist soi 'vegetation establishment area
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United States Department of the Interior
Mr. Marc McDougal
Mayor, City of Lubbock
1010 9" Street
Lubbock, Texas 79457
Dear Mr. McDougal:
FISH AND WILDLIFE SERVICE
Ecological Services
WinSystems Center Building
711 Stadium Drive, Suite 252
Arlington, Texas 76011
June 15, 2004 1 R E C E I E
JUN 1 7 2004
MAYOR'S OFFICE f RV
JUN 1 7 2004
CIT"ORIVFY
Thank you for your interest in our Partners for Fish and Wildlife program. Enclosed is a fully
executed Private Lands Agreement (PLA No. 1448-20181-04-G547) in the amount of $ 8,636
for your City's property in Lubbock County, Texas. Also enclosed is a blank Invoice Form that
you will need to fill -out and submit to us, along with associated receipts, when you have
completed the project and are requesting reimbursement.
Please contact your Project Biologist John Hughes (806- 323-6636) for any last minute
instructions. He will be your main point of contact for all questions and correspondence for the
project. We look forward to continuing to work with you and appreciate your interest in
conserving our Nation's fish and wildlife resources.
If you have any non -project related questions, please call me at 817-277-1100.
Sincerely,
Don R. Wilhelm
State Coordinator, PFW Program
Enclosures
A0DLr — V-f—)Zgo
U.S. FISH AND WILDLIFE SERVICE
PRIVATE LANDS AGREEMENT
INVOICE
COOPERATOR NAME AND MAILING ADDRESS:
Mr. Marc McDougal
Mayor, City of Lubbock
1010 9th Street
Lubbock, Texas 79457
PRIVATE LANDS AGREEMENT NUMBER:
1448-20181-04-G547-
Fund Code: 21420-1004-04-112 1 -0000-0000
INVOICE NUMBER:
04-G547-
[ ] PARTIAL
[ j FINAL
TELEPHONE NO: 806-775.2689
(CHECK ONE)
Disbursement of an advance of funds related to work to be completed as specified in the above referenced Private Lands Agreement is hereby
requested.
( ) Cost estimates from contractors/suppliers along with a letter of request from the Cooperator
detailing the disbursement of the funds advanced are attached.
( ) Cost estimates from contractors/suppliers along with a letter of request from the Cooperator
detailing the disbursement of the funds advanced are not attached.
Explanation:
Reimbursement of expenditures related to work completed as
specified in the above referenced Private Lands Agreement is
hereby requested.
percent of the work is completed to date.
( X ) Copy(ies) of supporting receipts are attached.
( ) Copy(ies) of supporting receipts are not attached.
Explanation:
Payment is requested in the amount of $
This invoice billing reflects
work completed as of
INVOICE RECEIVED BY FWS
(Date)
Date
RECEIVED BY
Biologist's Name
I certify that this claim is for monies expended in accordance with the above designated Private Lands Agreement and no other expenditures are
included.
SIGNATURE OF COOPERATOR DATE