Search

28.

29.

30.

31.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other
provision, the contract shall be construed as if such invalid or unenforceable provisions were
omitted, and the parties may renegotiate the invalid or unenforceable provisions for sole purpose
of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Independent Contractor. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or
in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 13 of 13

Jim Donchess

Mayor e City of Nashua
To: Board of Aldermen
From: Mayor Jim Donchess
Date: June 28, 2022
Re: Multi-Year Contract Award — Wildlife Management Contract

Pursuant to NRG: § 5-74/B: A contract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the July 6, 2022 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item:

Value:

Vendor:

Purchasing Memo#:

Contract Term:

Thank you.

Gull & other Bird Management at the Four Hills Landfill to include
reporting & permitting

FY23 - $97,941.59

FY24 - $107,370.95

FY25 - $112,116.37

To total $317,428.91 for the 3 year contract.

U.S. Department of Agriculture Animal and Plant Health Inspection
Service (APHIS) Wildlife Services (WS)

23-297 dated June 28, 2022

3 years

229 Main Street * PO Box 2019 « Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 « NashuaMayor@NashuaNH.gov

www. NashuaNH.gov

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Se eee

June 28, 2022
Memo #23-297

TO: Mayor Donchess
Finance Committee

SUBJECT: Wildlife Management in the amount not to exceed $317,428.91 funded from 55699
Other Contracted Services/Solid Waste Fund

Please see attached communications from Jeff Lafleur, Superintendent of Solid Waste, dated June 16, 2022
for project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Gull & other Bird Management at the Four Hills Landfill to include reporting &
permitting

Value: FY 23 for the amount of $97,941.59, FY24 for the amount of $107,370.95 and FY25
for the amount of $112,116.37 for a total of $317,428.91 for the 3 year contract.

Vendor: U.S. Department of Agriculture Animal and Plant Health Inspection Service {APHIS)

Wildlife Services (WS)
Department: 168 Solid Waste
Source Fund: 55699 Other Contracted Services/ Solid Waste Fund

Ordinance: Pursuant to § 5-84 Special purchase procedures A/{3} Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions

The Board of Public Works (3/25/22 BPW meeting}, Division of Public Works: Solid Waste, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson.
Purchasing Manager

Ce: J Lafleur
C O'Connor

To:

From:

Re:

A. Motion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 16, 2022

Jeff Lafleur, Superintendent
Solid Waste Department

USDA Wildlife Management Service Agreement

To approve the three year Cooperative Service Agreement between the City of
Nashua and the USDA Wildlife Management Service for a combined three year
total not to exceed $317,428.91. Funding for this agreement is through Department:
168 Solid Waste; Fund: Solid Waste; Account Classification 53 Professional &
Technical Services.

Attachment: Cooperative Service Agreement between the City of Nashua, Four Hills Landfill

Discussion:

and the United States Department of Agriculture, Animal and Piant Inspection
Service (APHIS) Wildlife Services.

The Cooperative Service Agreement (CSA) between the City of Nashua and the
USDA Wildlife Service is a renewal of the ongoing integrated gull management
project. The Solid Waste Department worked with Aphis to secure a three-year
agreement. Aphis has worked with the City for many years now and has done a
superior job with gull management and filing reports and permits with the State of
NH. Its purpose is to reduce on and off-site conflicts associated with large
concentrations of gulls and other birds at the Four Hills Landfill that could
potentially affect the surrounding neighborhoods. The CSA covers Wildlife Service
activities for the period of July 1, 2022 through June 30, 2025.

Through this agreement, trained personnel are assigned to the Four Hills Landfill
Monday through Friday to control gull populations utilizing standardized
harassment techniques. All necessary permitting and reporting is coordinated with
the USDA.

Please see the attached copy of the Cooperative Service Agreement for further
details.

This expense is a budgeted item and is subject to approval of the FY23-FY25
budgets:

FY23- $97,941.59
FY24- $107,370.95
FY25- $112,116.37

(7/2019 version)
WS Agreement Number: 22-7233-2545-RA

WBS: AP.RA.RX33.72.0012

COOPERATIVE SERVICE AGREEMENT
between
THE CITY OF NASHUA (Cooperator)
FOUR HILLS LANDFILL
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)

ARTICLE 1 - PURPOSE

The purpose of this Cooperative Service Agreement is to continue an integrated wildlife management
and monitoring project on the Four Hills Landfitl, Nashua, New Hampshire that will reduce on and
off-site conflicts associated with large concentrations of gulis, starlings and woodchucks using the
landfill. WS activities are described in the attached Work and Financial Plans.

ARTICLE 2 - AUTHORITY

APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§
8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-
331, 7 U.S.C, § 8353, to cooperate with States, local jurisdictions, individuals, public and private
agencies, organizations, and institutions while conducting a program of wildlife services involving
mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious
and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry,
wildlife, and human health and safety.

ARTICLE 3 - MUTUAL RESPONSIBILITIES

The cooperating parties mutually understand and agree to/that:

I. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and
made a part hereof. The parties may mutually agree in writing, at any time during the term of
this agreement, to amend, modify, add, or delete services from the Work Plan.

2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private
sector service providers available to provide wildlife damage management (WDM) services
that the Cooperator is seeking from APHIS-WS.

3. There will be no equipment with a procurement price of $5,000 or more per unit purchased
directly with funds from the Cooperator for use on this project. Alt other equipment purchased
for the program is and wil! remain the property of APHIS-WS.

4, To meet as determined necessary by either party to discuss mutual program interests,
accomplishments, needs, technology, and procedures to maintain or amend the Work Plan.
Personnel authorized to attend meetings under this Agreement shall be the Cooperator Vice

President of Legal or his/her designee, the State Director or his/her designee, and/or those
additional persons authorized and approved by the Cooperator and the State Director.

The cooperating parties agree to coordinate with each other before responding to media
requests on work associated with this project.

ARTICLE 4 - COOPERATOR RESPONSIBILITIES

The Cooperator agrees:

ite

To designate the following as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this agreement.

Lisa Fauteux, Director
Division of Public Works
9 Riverside Street
Nashua, NH 03062
Phone: (603)589-3140
fauteux]@nashuanh.gov

To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan.
APHIS-WS will be considered an invitee on the lands controfled by the Cooperator. The
Cooperator will be required to exercise reasonable care to wam APHIS-WS as to dangerous
conditions or activities in the project areas.

To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in
the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan,
the agreement with amended Work Plan and Financial Plan shall be formally revised and
signed by both parties before services resulting in additional costs are performed. The
Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS
within 30 days of the date of the submitted invoice(s). Late payments are subject to interest,
penalties, and adininistrative chaeges and costs as set forth under the Debt Collection
Improvement Act of 1996,

To provide a Tax Identification Number or Social Security Number in compliance with the
Debt Collection Improvement Act of 1996.

Asa condition of this agreement, the Cooperator ensures and certifies that it is not currently
debarred or suspended and is free of detinquent Federal debt.

To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time
of any proposed meeting related to the program.

The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APHIS-WS activities and supervision of APHIS-WS personnel.

To obtain the appropriate permits for removal activities for herring, great black-backed, ring-
billed gulls and turkey vultures and list employees of USDA, APHIS, Wildlife Services as a
sub-permitees.

9. To provide training to Landfill staff to conduct bird harassment activities on weekends and
Federal Holidays to effectively keep birds from using the landfill when Wildlife Services
personnel are not present at the landfill.

10. To provide storage space in a secure building for a locked gun cabinet supplied by WS for
storage of firearms and pyrotechnics when these devices are not in active use. WS is required
to store guns overnight in a locked gun safe (WS Directive 2.615).

1]. To provide an indoor working space to complete necessary paperwork.

12, The cooperator will not be connected to the USDA APHIS computer network(s).

ARTICLE 5 - APHIS-WS RESPONSIBILITIES

APHIS-WS Agrees:

1. To designate the following as the APHIS-WS authorized representative who shall be
responsible for collaboratively administering the activities conducted in this agreement.

David Allaben, State Director, NH/VT Wildlife Services
USDA, APHIS, WS

59 Chenell Drive Suite 7

Concord, NH 03301)

Phone: (603)223-6832

David.j.allaben@usda.gov

2. To conduct activities at Four Hills Landfill and adjacent condominiums as described in the
Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources
necessary to implement the approved WDM activities delineated in the Work Plan and
Financial Plan of this agreement.

3. That the performance of wildlife damage management actions by APHIS-WS under this
agreement is contingent upon a determination by APHIS-WS that such actions are in
compliance with the National Environmental Policy Act, Endangered Species Act, and any
other applicable federal statutes. APHIS-WS will not make a final decision to conduct
requested wildlife damage management actions until it has made the determination of such
compliance.

4. To invoice the Cooperator monthly for actual costs incurred by APHIS-WS during the
performance of services agreed upon and specified in the Work Plan. Authorized auditing
representatives of the Cooperator shall be accorded reasonable opportunity to inspect the
accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent
permitted by Federal law and regulations.

5. To coordinate with the Cooperator before responding to all media requests.

6. To provide qualified personnel to initiate and conduct the control and assessment activities as
outlined in the Work and Financial Plans in this agreement.

7. To prepare a final report of activities conducted under this agreement.
8. To administer the field control program through Federal supervision.
9. Tohelp secure all necessary wildlife permits for conducting the integrated program.

10. To wear appropriate safety equipment and follow safety guidelines to comply with APHIS
WS and landfill procedures.

11, The Cooperator shall have the right to use or permit the use of all estimates, reports, records,
data, charts, documents, models, designs, renderings, drawings, specifications, computations
and other papers of any type whatever, whether in the form of writing, figures, or delineations,
or any ideas or methods represented by them, which are prepared or compiled in connection
with this agreement, for any purpose and at any time without other compensation than that
specifically provided herein.

ARTICLE 6 - CONTINGENCY STATEMENT

This agreement is contingent upon the passage by Congress of an appropriation from which
expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so
appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS
funds for a finite period under a Continuing Resolution.

ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE
Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any
other organization or individual for the purpose of providing wildlife damage management services
exclusive of those provided for under this agreement.

ARTICLE 8 - CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be
adinitted to any shaie or part of this agicemeul of to any benefit lo arise therefrom.

ARTICLE 9 —- LAWS AND REGULATIONS

This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C
6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to
nonfederal recipients, in accordance with all applicable laws, regulations and policies.

ARTICLE 10 - LIABILITY

APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to
the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28
U.S.C. 1346(b), 2401{b), and 2671-2680).

ARTICLE 11 — NON-DISCRIMINATION CLAUSE

The United States Department of Agriculture 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 pari of an individual’s income is derived from any public assistance
program. Not all prohibited bases apply to all programs.

ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS

This agreement shall become effective on July 1, 2022 and shall continue through June 30, 2025, not
to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of
the parties in writing. The Cooperator must submit a written request to extend the end date at least 10
days prior to expiration of the agreement. Also, this agreement may be terminated at any time by
mutual agreement of the parties in writing, or by one party provided that party notifies the other in
writing at least 30 days prior to effecting such action. Further, in the event the Cooperator does not
provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this
agreement.

In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury
requires a Taxpayer Identification Number for individuals or businesses conducting business with the
agency.

City of Nashua Tax ID No.: 02-600058]
APHIS-WS’s Tax ID: 41-069627 |

CITY OF NASUA, FOUR HILLS LANDFILL

Lisa Fauteux, Director Date
Division of Public Works
City of Nashua, Four Hills Landfill

UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES

David Allaben, State Director Date
USDA, APHIS, WS

59 Chenell Dr. Suite 7

Concord, NH 03301

Willie D. Harris Date
Director, Eastern Region

USDA, APHIS, WS

920 Main Campus Drive; Suite 200

Raleigh, NC 27606