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HomeMy WebLinkAboutWILDLIFE COOPERATIVE AGREEMENT ,f~ :11-17935' United States Department of the Interior u.s. FISH AND WILDLIFE SERVICE 247 South Milledge Avenue Athens, Georgia 30605 West Georgia Sub Office P.O. Box 52560 Ft. Benning, Georgia 31995-2560 SEP 2 6 2005 Coastal Sub Office 4270 Norwich Street Brunswick, Georgia 31520 Mr. Stephen E. Shepard County Attorney Augusta Law Department 70 I Greene Street, Suite 104 Augusta, Georgia 30901 RECEIVED SEP 2 8 2005 COUNTY ATTORNEY Dear Mr. Shepard: I have enclosed an executed copy of the Wildlife Cooperative Agreement for the Central Savannah River Land Trust for their work to restore the Butler Creek floodplain. We appreciate the interest and cooperation of Augusta-Richmond County on this project and hope that we will continue to be partners on future endeavors that meet the mission of the Fish and Wildlife Service of working with others to benefit fish and wildlife resources for the continuing benefit of the American people. Please call staff biologist Deborah Harris (706-613-9493 ext. 224) if you have any questions. Sincerely, ~ ~_1:d<L-- Sandra S. Tucker Field Supervisor Enclosure -:'1 :I~ ,. .' . . '---_/ AEcelVED SEP 1 ::: 2005 ATHENS, GA (I sma FWS Agreement No: 401815G145 Charge Code: 41460-1l21-04HR lY (pY05) Amount Obligated: $10,000.00 Cooperator DUNS NO: 137648122 F AADS: 13-04196-Augusta-245-Richmond-30903-10- 04/01/05-04/01/15 - Habitat development-12 CFDA: 15.631 WILDLIFE COOPERATIVE EXTENSION AGREEMENT This cooperative agreement between Central Savannah River Land Trust ("the Cooperator(s)"), and the U.S. Fish and Wildlife Service, ("the Service"), is authorized by the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c and the Fish and Wildlife Act of 195616 U.S.C. 742a-j. The Service and the Cooperator(s) agree to carry out certain fish and wildlife habitat practices and developments on approximately 30 acres of land owned by the Cooperators as described in the Project Plan (Exhibit A). Exhibit A is hereby incorporated and made a part of this agreement. The Service agrees to provide at least partial payment (or reimbursement) of the actual costs, and/or technical and material assistance, as detailed in the Project Plan. In return, the Cooperator(s) agree: 1. To perform the work in accordance with the Project Plan. The Cooperator(s) may do the work themselves, or hire a- contractor. The Cooperator may submit an invoice (with supporting receipts attached) to the Service for any portion of the work when completed, or the Cooperator(s) may present an invoice for the entire Federal share upon completion of all work. All invoices should reference the agreement number. The Cooperator(s) shall be reimbursed for actual and reasonable costs not exceeding the amount obligated by this agreement. 2. To assume responsibility for securing any permits needed to carry out this project. 3. To allow the habitat developments as described in the Project Plan to remain in place without interference for a period of.1Q....years from 1 Julv 2005 to 1 Julv 2015. 4. To allow the Service or its representatives reasonable access to the described property for the period of this agreement in order to make the agreed developments or to make periodic inspections of the developments. 5. To notify the Service's Project Manager in writing at least 30 days before closing of any planned sale or other change in the ownership of the described property. The Service assumes no authority over the described property for purposes of controlling trespass, for controlling noxious weeds, for identifying or removing pre-existing hazards including waste materials, for granting rights of way, or for any other incidents of ownership. The Service also assumes no liability for property damage or injuries to people not caused by its own negligence, and any claims shall be processed in accordance with the Federal Tort Claims Act. Cooperator(s) shall own all of the completed or installed developments and shall be solely responsible for paying all taxes and assessments on the described property. This agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days' advance written notice to the other parties. However, if the Cooperator( s) terminates the agreement before its expiration, or if the Cooperator( s) should materially default on these commitments, then Cooperator( s) agrees to reimburse the U.S. Fish and Wildlife Service prior to final termination for the prorated costs of all habitat developments placed on the land through this agreement. For these purposes, the total cost of the developments to the United States are agreed to be $10.000.00. , I. . , " ,. . " The relevant portions of Title 43, subpart 12 of the Code of Federal Regulations (Including subparts D and E for individual Cooperators) are applicable to this agreement The Cooperator agrees to comply with applicable certifications/assurances from Form 01-2010 and SF-424D, which are incorporated by reference. Upon request, the Service's Division of Contracting and General Services will make the full text of these regulations and assurances available. It is also understood that this agreement does not create the kind oflegal partnership or joint venture which would all~w anyone party to speak or act for or to obligate any other party on this or other matters. Buy American notice: It is the sense of the Congress that recipients of federal assistance should give preference to domestic equipment and products when buying such items with federal funds. The Service is prohibited by law from obligations that exceed available funds and therefore, the Service can do only that work which is funded. In the event funds arc not available to do the wildlife development work within the period of time or in the manner prescribed under the Project Plan, the Service will advise the Cooperator accordingly. . The Cooperator guarantees that he/she is the owner of the above-descnbed land and warrants that there are no outstanding rights which will interfere with the Service's rights under this agreement In the event the Cooperator transfers any of the lands designated and descdbed in the Project Plan, he/she shall take steps as necessary to inform the purchaser of the existence of this agreement g Eel- J7CEw~ ~=~tr;> /10 fWS 'Iftltf Anita Wender ~. - . r oP C~^' ~. ; '-J Tr:r4tt;fnef~o; ~ ~;~~t1ttiaDigrf}ffieer ~ 1()(;Ct7Y-(,~IJ7Y IJtAc" (Address) hUGv(-1Ii, U(f - ~ cl'i ( , , ZOO5 :1tTOR(S) 1.. (IL"4~ (Signature) Deke Copenbaver Exeeutive Director Central Savannab River Land Trust P.O. Box 148 Augusta, GA 30903 TeL L 706-312-5266 roC u v.s. FISH AND WILDLIFE SERVICE ~~ (2. ~ (Sipature) Deborab C. Harris Project Manager May 16, 2005 EXHIBITS: A. Project Plan B.lnstructions for Submitting Bnd Processing Claims for Payment PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 " . '- EXHIBIT A Project Plan 1. Planned Work: Briefly describe what you expect the project to accomplish.. Explain why this work needs to be done and why it is worth the Federal contributions. Include a map and general description of the project property if possible, especially if the final agreement will be filed with the county property records. Central Savannah River Land Trust (CSRLT) manages the governor's Greenspace Program for Augusta! Richmond County. In the past two years, the Central Savannah River Land Trust has negotiated the purchase of301 acres in the Butler Creek watershed using greenspace funds. The focus for the watershed is to provide an interconnected corridor of greenspace running from the headwaters of Butler Creek to the Phinizy Swamp Nature Park. The greenspace will act as a permanently protected buffer to the creek, providing for a habitat corridor and the protection of water quality. Long range plans for the greenway include a trail system and outdoor educational . opportunities. This proposal is for property in the greenspace program, owned by Augusta/Richmond County and managed by the CSRL T, which also holds the conservation easement (on file in Athens Field Office). The CSRLT will restore 3-5 acres of riparian habitat adjacent to Butler Creek. This area will become part of the 8 mile trail system extending from Meadow Brook Elementary School to Phinizy Swamp Nature Park. The area to be restored was clear-cut several years ago and is now overgrown with privet. The habitat work would include removal of privet and planting of native hardwood trees. Removal of privet would allow native understory and young saplings to recover. Planting would ensure a diverse mixture of hardwoods preferred by migratory birds and other wildlife. The area to be restored connects landward to a mature oak- hickory forest. Specifically, to begin with, the $10,000 will be used to remove privet from a three-five acre parcel adjacent to a community access point. The CSRL T then plans to use supplemental grant funds from a local foundation to provide signage, access and amenities (gravel parking lot, trash receptacles, picnic area, e.g.) at the access point which is a ~ acre parcel of land adjacent to the habitat restoration area. To remove the privet, the CSRLT will contract with Invasive Plant Control, Inc (IPC) - a Tennessee firm specializing in removal of invasive plants. IPC will use their equipment to remove the larger privet plants and train the CSRL T' s team of volunteers to pull the smaller ones. The larger stumps would be chemically treated with glysophate, which is the standard practice-for'pnvet removal. The IPC charges approximately $2,000 - 2,500 per acre for privet as thick as that which is on the property in question. The CSRL T will contract with IPC for approximately three acres of privet removal, not to exceed $7,000 in expense. The removal will take place in the late summer or early fall - before the privet berries mature and fall to the ground. The following spring, the CSRL T will bring those same volunteers back to remove any saplings from the same three acres of land. PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 'I; . .". " " The remaining grant funds will be used in the winter to replant native trees and thin the understory as necessary. Once the privet is removed, if it is not necessary to replant many trees, the remaining funds may be used to remove additional acreage of privet in the spring (the entire site is 30 acres). Priority, however, will be given to habitat restoration on the initial three acres. The goal is to completely restore and provide access to a smaller acreage, rather than partially remove privet from a larger acreage. By getting the community excited about a few acres nearest to their access point and by eliciting professional training for its volunteers, the CSRL T hopes to generate interest and ability to restore additional acreage in the years to come. This project is worth the federal expenditures because it provides benefits to trust resources (migratory birds) and satisfies, in part, the following two goals of the Savannah-Santee-Pee Dee Ecosystem: 1) To perpetuate healthy native plant and animal communities threatened by invasive native and non-native plants and animals. The habitat restoration would employ aggressive and proven methods to remove the privet (machine and hand pulling) and continued monitoring. and removal each season). Once the planted trees achieve canopy closure, privet growth will slow down and removal efforts can relax. Native trees will be planted during the winter to achieve the best growth. This project will restore a healthy native plant and animal riparian community, particularly for migratory birds that use native trees and shrubs for nesting. 2- To increase and enhance public awareness, support and participation in carrying out the Service's mission through cooperative outreach efforts. Thisproject is a part of a larger project that will eventually connect the proposed habitat restoration site to Phinizy Swamp Nature Park, which is designated as an Important Birding Area by the Audubon Society. We expect the trail to be used by local birders, nature photographers, walkers and hikers, the neighborhood community, and those interested in environmental education. The Service already has an ongoing stream.bank restoration project with an educational component downstream at Phinizy Swamp Nature Park funded through the Partners for Fish and Wildlife Program. Outreach information that will be prepared for the Butler Creek trail will highlight the importance of restoring and protecting riparian buffers and will include details about the Fish and Wildlife Service's role in restoring native communities and controlling invasive exotics. The project will result in trained community volunteers and will serve as a public demonstration area about the techniques for controlling privet and other invasive exotics. The Southeastern natural Sciences Academy will likely use the site for privet control research. 2. Contributions of the Parties: (Specify in detail what each party is contributing toward the total project. i.e. materials, equipment. personal or contracted labor, technical assistance, etc, The estimated costs of these contributions and the schedule for delivering or completing them may be incorporated here also or in separate sections as shown below. If Service funding is uncertain at this time, use phrases such as "Federa/funding to be determinei'or "approximately $ subject to the availability offunds". The Fish and Wildlife Service will reimburse the Cooperator up to a maximum of $1 0.000 for materials, plants and services to complete the project. The Cooperator will provide labor and PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 . .. '. ' . I any material expenses incurred over $10,000. The cooperator will provide for maintenance of the project. 3. Estimated Costs: (Provide a breakout of materials. equipment, technical assistance, work to be contracted or contributed by the Service and the Cooperator(s). This establishes a basis for the Service's funding decision. Total estimated cost = Service share + Cooperator's share. The Service's share should equal that shown in the termination clause of the agreement. Cooperator Labor Equipment Materials Funds 5,000 10,000 . .. - ". . . Totat In-Kind Total 5,000 10,000 $15,000 4. Work Schedule: (Specify what has to be done and by when in order for the Service to accept the project and pay any progress invoices and the final invoice.) The Cooperator will complete this project before September 30, 2008. CSRL T estimates that work win begin privet removal in the late summer or early fall of2005. The following spring , after removal, new privet growth will be removed. Trees will be planted in winter montlis during the contract 2.eriod. Once this agreement is sigp.ed by all parties, mcluding the Service Contracting ufficer, and a copy IS returned to the Cooperator, the Cooperator can submit invoices and/or receipts to be paid for work done on tlie project. The Cooperator will provide a written report to the Fish and Wildlife Service Project Man~er by September 30 of eacli year until the worK is completed. The report will include who did tlie work, a description of work that was accomplished and how work was done, location of work; dates wqrk was begun and completed, summary of costs (Cooperator and Service) and pre ana post-project photos.,- Maintenance of the project will be the responsibility of the Cooperator. PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 -.. 3$37 ~595 " ~ L-_,) QlJADnANGU- LOCATIGN m in purpie cOlTlpiied by the Gec!ogical ~rial photographs taken 1977 ilnd other sourc.C data )n not fieid checked- Map edited 1980 1icates extension of urban areas Primary highway, hard surface.- c ___c__ Secondary highway. hard surface..---.------ - o Inlerstate Route GeO' I)G'C^L llUAVLY. "OSTON. V'.....N'....-..U4 - 33"22'30" .a0fi000"'E. B2DQO' . Me; FIl~AN !O M':'\ ROAD CLASS1FICATION"NAYI'IE.o;noRo ?7 M'. ~ ~o ~-1-: "L- ....C' .s>....~ <J Light-duty road. hard or irn proved surface ___uo_ Unirnproved road.._o.. ---~--- o U. S. Route C) State Houte AUGUSTA WEST, GA. Ng{4 HEPHZIBAH 15' QUAORANGLll N 3322.5-W8200/7.5 1957 PHOTOREVISED 1980 Dr.I A -4550 I NE-SERIES V845 .. , I,'" ," ~ EXHIBIT B Instructions for Submitting and Processing Claims for Payment The Cooperator shall submit an invoice with supporting receipts to claim payment under this agreement. In the event that the amount invoiced represents work done by the Cooperator and no supporting receipts are available, the invoice shall state that fact; the amount invoiced should represent a proportionate amount of project work actually completed. The invoice shall identify this agreement by citing the Service agreement number. The invoice shall bear the original signature of the Cooperator and the invoice to the Service Field Representative; signatory to this agreement. Upon approval of the invoice by the Service Field Representative, it will be forwarded to the Budget & Finance Division for processing. Partial payment, not to exceed 75% of the total amount agreed and obligated, may be authorized prior to completion of the project described in Exhibit A. Any invoice submitted shall conform to the requirement of this section and shall indicate whether the invoice is partial or final. When the Service obligates funds under this agreement for payment to the Cooperator, the Cooperator agrees to provide hislher Taxpayer Identification Number (TIN). TIN means the number required by the Internal Revenue Service (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 wildlife Cooperator as a result ofthis 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 for criminal or civil litigation. Furnishing a Social security Number is voluntary, but failure to do so may result in disqualification from this program. Also, the Service uses DUNS number assigned by Dun and Bradstreet as its vendor code in its financial system. A DUNS number should be provided if available. If not available, the Service will request that a number be assigned by Dun and Bradstreet.