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HomeMy WebLinkAboutResolution - 3843 - Contract - TTU Mammology Department - Wildlife Baseline Data, Lake Alan Henry - 03_26_1992Resolution No. 3843 March 26, 1992 Item #18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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 (as Owner) a contract to be entered into by and between said City and Texas Tech University Mammology Department (as Investigators) related to endangered and threatened species baseline data collection made in connection with the Lake Alan Henry Wildlife Mitigation Area, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of March , 1992. B.C. ain Mayor ATTEST: anett,Q boya, Lity ,)ecretary A 7 VED AS TO CONTENT: D n A. Haw i s, Director o Wa er Utilities APPROVED AS TO FORM: uonaia u. vaTraiver, firs Assistant City Attorney DGV :da/AGENDA-D 1 /A-JS WLDF.res Resolution No. 3843 March 26, 1992 Item #18 AGREEMENT FOR ENDANGERED/THREATENED SPECIES INVESTIGATION WHEREAS, the City of Lubbock (hereinafter called "City") has purchased 3005 acres of wildlife mitigation property toward fulfilling a requirement of the U.S. Army Corps of Engineers permit under Section 404 of the Clean Water Act; and WHEREAS, this same Corps of Engineers 404 permit requires that the wildlife mitigation property be managed in accordance with the "Strategic Management Plan for the Justiceburg Mitigation Area, Texas Parks and Wildlife Department", for consumptive and nonconsumptive wildlife resource uses of this property; and WHEREAS, this Strategic Plan states the need to "contract for baseline data on endangered, threatened or rare species" in order to identify, quantify and protect unique/sensitive resources and enhancement of their well-being to be considered in any habitat management planning and implementation (in order to avoid inadvertent violation of the Endangered Species Act and the Threatened Species Act); and WHEREAS, the City desires to obtain the expertise of professional mammologists to direct and conduct a "Biodiversity Study" of the mitigation tract in order to positively identify any threatened, endangered or rare mammals, amphibians or reptiles, said expertise to be provided by Texas Tech University, Lubbock, Texas (hereinafter called "Contractor"). NOW THEREFORE, City and Contractor in consideration of the mutual covenants set forth herein contract and mutually agreed as follows: 1 The scope of work prepared for "Biodiversity Study" at the request of City and research design thereto prepared by Contractor and accepted by the City are hereby annexed hereto as Exhibit A and made a part hereof as if fully copied herein in detail in this place. 2 For and in consideration of services to be rendered by the Contractor, the City agrees to pay based on the rates shown on the attached preliminary cost estimate with total fee not to exceed $22,910. Partial payment to the Contractor will be made on the basis of monthly statements, and work progress reports rendered to and approved by the City; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. 91 The total compensation to be paid to Contractor, by the City, for this contract shall not exceed $22,910 in accordance with monthly estimates furnished to City by the Contractor as the work progresses, provided, however, that such monthly estimates shall be based on a detailed cost estimate which accompanies the research design. This contract addresses the work to be accomplished over a 17 month period. 'City shall pay monthly from current revenues on such estimates to the Contractor after being billed by the Contractor by the fifteenth (15th) day of each month for the services of the previous month. Such bill shall be sent to the City of Lubbock at the following address: City of Lubbock, Parks and Recreation Department, Attn: Diane Locknane, P.O. Box 2000, Lubbock, Texas 79457. Such $22,910 amount may not be exceeded if the scope of work is enlarged; in such case, further contractual agreement will be sought. 4 In the performance of work or services hereunder, Contractor shall be deemed an independent contractor, and any of its employees performing work required hereunder shall be deemed solely employees of the Contractor or its subcontractors except those employees of the City who may be assigned to assist Contractor. 5 Before the Contractor begins any work under this Agreement, Contractor agrees to furnish a certificate of insurance reflecting their coverage by workman's compensation insurance, amounts and with carriers satisfactory to City, and agrees that such coverages shall be maintained during the term of this Agreement. Contractor shall be responsible for determining that its subcontractors, where required, likewise carry and maintain Agreement for Endangered/Threatened Species Investigation - Page 2 adequate insurance coverage. City shall provide self insurance for any City employees and for equipment assigned to the project and will indemnify the Contractor with regard to the activities of employees so assigned. G At any time during normal business hours, Contractor shall make available to representatives of the City for examination of its records with respect to all matters covered by this Agreement, and will permit representatives of the City to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records, or personnel conditions of employment and other data relating to all matters covered by this Agreement, for a period consisting of the duration of the contract and continuing for one (1) year thereafter. The City reserves the right to restrict Texas Tech from releasing to the general public, any information they accumulate or acquire prior to completion of the study unless such release is specifically authorized in writing by the Director of Water Utilities. 7 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or termination; selection for training, including apprenticeships; and participation in recreational activities. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, excepting that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Contractor shall keep such records and submit reports concerning the racial and ethnic origin(s) of applicants for Agreement for Endangered/Threatened Species Investigation - Page 3 employment and employees as the law may require. Contractor agrees to comply with such rules, regulations or guidelines as may be issued to implement these requirements. 8 The parties hereto, without invalidating this Agreement, may alter or amend this Agreement only upon written mutual agreement of the parties as attested by the signatures of the principals to this Agreement. 7 Contractor shall, to the extent allowable by the laws and Constitution of the State of Texas, hold the City harmless from and shall promptly pay and defend for the City all claims, demands, lawsuits, awards, and judgements in any manner growing out of the negligence or any manner of torts arising out of the conduct of the services performed by the Contractor, its agents, servants, or representatives under and pursuant to this agreement. 10 Contractor will commence work on the project within five (5) working days following receipt of notice to proceed. The contractor shall complete the work in accordance with the schedule defined in the scope of work and research design. All fieldwork will be completed and an interim letter report of findings shall be submitted to the technical representative of the City by 1 October 1993. 11 The obligations to provide services under this agreement may be terminated by either party upon 30 days written notice to the other party. In the event of any termination, Contractor will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Any noncancelable obligations incurred by Contractor shall be allowable costs. All documents produced by Contractor up to time of termination shall become property of the City. Contractor may retain and use copies of such documents. Agreement for EndangeredrMreatened Species Investigation - Page 4 12 Originals of all notes, calculations, correspondence, and similar materials will be filed by the Contractor and made available to City on request. With respect to documents related to work performed under the terms of this agreement, Contractor agrees not to assert any right, and not to establish any claims under design patent or copyright law. Contractor shall have the right to retain and use copies of its work product. 13 The Contractor, prior to written or verbal disclosure of project information to the media or any public or private entity, shall obtain written permission from the City for disclosure of such information. The City retains the right to review and edit all written statements prepared by the Contractor concerning the project prior to disclosure of such statements. EXECUTED this 26th day of ATTEST: Rane to Boyd, City Secretary AP OVED AS TO CONTENT: L D n A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: Do ld G. andiver, First Assistant City Attorney March , 1992. CITY OF LUBBOCK: C e BY B. C. Mc I N, MAYOR Agreement for Endangered/Threatened Species Investigation - Page 5 Executive Vice President and Provost Texas Tech University V�M.T Knox Pknes, Or. incipa Investigator 0 Cyd Jo s, Co-Prin ipal Investigator DG V:da/INST-D8/A-ENDSPC.doc Agreement for Endangered/Threatened Species Investigation - Page 6 Resolution No. 3843 March 26, 1992 Item #18 PROPOSAL TO THE CITY OF LUBBOCK Title: Mammalian Populations and Diversity on the Justiceburg Wildlife Mitigation Area, Garza and Kent Counties, Texas Investigators: J. Knox Jones, Jr. (Principal Investigator), and Clyde Jones (Co -Principal Investigator), The Museum and Department of Biological Sciences, Texas Tech University Background The Justiceburg Wildlife Mitigation Area (JWMA) includes 3005 acres of land just to the north and east of the future Lake Alan Henry, now under construction, and is the property of the City of Lubbock. The area is mostly included in Garza County, Texas, but occupies also a narrow zone in Kent County. The whole of JWMA lies in the western part of the Rolling Plains, perhaps the least well known major physiographic unit of Texas with respect to animal and plant biodiversity. The biological terminology of Mesquite Plains Biotic District also is applicable to this part of the state. Lake Alan Henry will be formed from damming the Double Mountain Fork of the Brazos River, which continues through the southern part of JWMA, and is fed by several draws running generally southward and eastward through the area. These, along with mesquite grasslands and outcropping of "badlands," provide unique mammalian habitats. As noted, the distribution and natural history of mammals of the Texas Rolling Plains is not well documented, and a study of mammals of JWMA will provide much needed baseline data on mammalian biology in this important region. 7 2 Objectives The objectives of this proposed study are two -fold: one objective is to provide an overall assessment of mammalian biodiversity of JWMA; the second is to carry out a long-term (more than one year) and detailed study of populations and home ranges of small mammals in the major habitat or habitats on the area. The assessment of biodiversity will be accomplished by collecting (by established means) and observing mammals and their tracks and other signs in the various habitats on JWMA, and collecting voucher specimens for deposit in The Museum at Texas Tech and for use in gathering data on molt, reproduction, and the like of the several species. Ecological conditions preferred or tolerated by each species will be documented in field notes taken for future reference (these, too, will be on file at The Museum). The presence of any threatened, endangered, or environmentally/ sensitive species will be carefully documented. The second objective will involve setting up a grid or grids of live traps that will be tended at specified times over at least one year (annual cycle). Small mammals that are trapped will be examined, identified as to species, toe -clipped for future recognition, and released. Over time, the population dynamics, including size and permancy of home ranges, of small mammal inhabitants of major habitats can be documented. Both parts of the proposed study will provide badly needed basic data on mammalian biology in a previously unstudied part of Texas. This kind of detailed work will make JWMA an extremely valuable regional 0 i 3 resource, a place where the effect of changing conditions relating to environmental parameters (continental warming, ozone depletion, greenhouse effect, acid rain, etc.) can be monitored. It is quite possible that Lubbock could, in due course, command long-term federal funding for such a site. Methods At the onset of field work, an exploratory visit will be made to JWMA in order to obtain an overview of the area and to provide information for details of planning subsequent visits. Major habitat types to be sampled for biodiversity and areas for proposed live -trapping will be identified. Samples (voucher specimens) of mammals will -be obtained from each major habitat type on the area over a 17-month period, using conventional means of collection (snap traps, live traps, rat/ traps, steel traps, specialized traps for moles and pocket gophers, mist nets for bats, and occasional use of dust or other shot in .410 shot guns or .22 pistols). In addition, observations will be recorded for large mammals (deer, for example) and tracks will be identified. Animals killed along roadways will be salvaged when possible, and local ranchers will be interviewed as to distribution and abundance of larger species. As an aside, we also will gather information on, and collect representative specimens of, reptiles and amphibians, thus providing information on those two major groups as well. a 4 The principal investigators both are seasoned mammalogists with almost 500 publications between them. They will be joined by advanced graduate students in conducting field work, and it is anticipated that one or more dissertations and/or theses will be based on investigations done in whole or in part at JWMA. Principal collecting efforts are planned for the summers of 1992 and 1993, but some exploration and collecting will be carried out in each season so as to gain some perspectives as to mammalian activity the year around at JWMA. The principal investigators hold appropriate scientific collecting permits from the Texas Parks and Wildlife Department. Funding is requested from 1 April 1992 through 31 August 1993, a total of 17 months, although an earlier starting --date (say, 1 or 15 March) would be welcome. During the course of work at JWMA, rather than formal interim reports, we propose that informal regular contact be maintained / between the City (through Diane Locknane, 767-2689) and the principal investigators (Drs. J. K. and C. Jones, 742-2487). It is anticipated that a contract between the City and the University will be consummated to cover the proposed work; and that the University will bill the City on a regular basis for expenses against the approved budget. A six-month extension, at no additional cost to the City, may be requested if needed to finish details of field operations, with any budgeted but unexpended funds carried forward for that purpose. 10 5 Anticipated Results and Value From the biodiversity study, it is anticipated that an' annotated checklist of mammals of JWMA will _be 'compiled for publication, probably in the Occasional Papers series of The Museum at Texas Tech. See Choate et al. (1991), Jones et al. (1988), and Pesaturo et al. (1990) as examples. Completion of this project will be accomplished no later than one year following termination of the study (31 August 1994). From the population and home range studies, several publications likely will result, spread over several years and in different professional journals. However, information will be available as it is accumulated to planners, managers, educators, and others who may have need of it. Literature Cited Choate, L. L., R. W. Manning, J. K. Jones, Jr., C. Jones, 'and T. R. Mollhagen. 1991. Records of mammals from the Llano Estacado and adjacent areas of Texas and New Mexico. Occas. Papers Mus., Texas Tech Univ., 138:1-11. Jones, J. K., Jr., R. W. Manning, C. Jones, and R. R. Hollander. 1988. Mammals of the northern Texas Panhandle. Occas. Papers Mus., Texas Tech Univ., 126:1-54. Pesaturo, R. J., J. K. Jones, Jr., R. W. Manning, and C. Jones. 1990. Mammals of the Muleshoe Sandhills, Bailey, Hale, and Lamb counties, Texas. Occas. Papers Mus., Texas Tech Univ., 136:1-32. Proposed Budaet _ The budget herewith proposed is a modest one because The Museum and Department of Biological Sciences at Texas Tech will contribute the time of the principal investigators, that, of students during the long terms of the academic year, the permanent field equipment needed to -carry out the proposed work, a permanent repository for voucher specimens, and some travel costs. FY 1992 (beginning 1 April) Field assistants (2) at half-time for 3 months $ 6,000 Fringe benefits (10%) and insurance 2,280 Travel* 2,200 Miscellaneous field and lab supplies/expenses 200 Expendable items (bat nets, color & black -and -white film, ammunition, etc.) 350 Subtotal 11,080 FY 1993 Field assistants (2) at half-time for 3 months $ 6,000 Fringe benefits and insurance 2,280 Travel* 2,500 Miscellaneous supplies 200 Expendable items - 400 Publications (partial cost)** 500 Subtotal -_ 11,880 Indirect cost (not allowed by City of Lubbock) �' 8 Budget Justification During the prime period for extended field work, the summer months, it will be necessary to fund two graduate students on half- time monthly appointments (they will be working essentially full time on the project, and contributing to it at no salary cost during the academic year). One student will be primarily concerned with the biodiversity survey, whereas the other will be charged with principal responsibility for tending live -trap grids. The two will, however, work together part of the time and share some expenses of travel. Half-time salaries and state, federal, 'and university mandated contributions make up the bulk of the budget ($8280 in each year). Funds for travel will be used throughout the year, primarily for transporting scientists between Lubbock and the JWMA site. We have requested $2200 for the five months of FY 92 and $2500 for all/ of FY 93. Both figures are extremely modest considering the potential number of trips to and from the area, and will need to be augmented from other funds. Miscellaneous supplies (bait, trap stakes, flagging, etc.) have been budgeted at $200 for each year. Expendable items such as film, ammunition, bat nets, replacement of lost or damaged traps, etc., are carried at $350 in FY 92 budget and $500 in FY 93, both extremely modest figures because TTU is supplying (at no cost to the project) the various --kinds ---of traps, _guns, poles for nets scales, and the myriad of other equipment items that must be available for the proposed work. 9 Finally, in the second year of the contract, we have included $500 as a partial contribution toward the cost of publication of the results of the mammalian biodiversity survey. I