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— PAVEMENT THICKNESS 4" CONCRETE SIDEWALK NEW SLOPED GRANITE CURB
AS DIRECTED. 7" MAX. — PAVEMENT THICKNESS
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VERTICAL GRANITE CURB & CONCRETE SIDEWALK DETAIL ARPOW pay QUANTITY = 8.1 FT
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SHIM AND OVERLAY FLAT TIE IN DETAIL BITUMINOUS CURB DETAIL PAY QUANTITY - 28.8 FT?
SCALE: NOT TO SCALE SCALE: NOT TO SCALE
THERMOPLASTIC SYMBOL DETAIL A
SCALE: NOT TO SCALE
( VE VO VO NASHUA, NEW HAMPSHIRE
CITY OF NASHUA NEW HAMPSHIRE thc PLAN OF
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6s 1 DETAILS 4 SHEET
9 RIVERSIDE STREET | igSafe FEBRUARY 44
DRAWN BY: DESIGNED BY: REVIEWED BY:
NASHUA, NEW HAMPSHIRE 03062 NO REVISION DESCRIPTION DATE MERE AREY 2017
JUNO. JL T. WELCH T. WELCH J. MENDOLA JL JL J OF 44

THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

March 30, 2017
Memo #17-105

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD FOR USDA WILDLIFE MANAGEMENT SERVICE AGREEMENT

(VALUE: $67,103)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE
ACCOUNT CLASSIFICATION: 53 PROFESSIONAL & TECHNICAL SERVICES

Please see attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
March 23, 2017 for the information related to this purchase.

Pursuant to § 5-84 Special Purchase Procedures A. The competitive bidding process shall not apply to
the following special purchases. (8) Purchases under intergovernmental agreements or contracts which
require use of procurement procedures in consistent with the provisions of this section.

This expense if a FY18 budgeted item. A copy of Agreement #1772332545RA with supporting work plan
(Attachment A) is attached for your review.

The Solid Waste Department Superintendent, Board of Public Works (March 23, 2017) and the
Purchasing Department recommend the renewal of this contract in an amount of $67,103 between the
City of Nashua and USDA Wildlife Services.

pen

-£ Zo

Le C fe VCE we
—*Dan ooken
Purchasing Manager

Cc: J Lafleur L Fauteux

229 Main Street « Nashua, New Hampshire 03061 e Phone (603) 589-3330 « Fax (603) 589-3344

To:

From:

Re:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: March 23, 2017

Jeff Lafleur, Superintendent
Solid Waste Department

USDA Wildlife Management Service Agreement

To approve the Cooperative Service Agreement between the City of Nashua and
the USDA Wildlife Management Service for a combined three year total not to
exceed $205,557.05 for FY18-FY20. Funding for this agreement is through
Department: 168 Solid Waste; Fund: Solid Waste; Account Classification 53
Professional & Technical Services.

Cooperative Service Agreement between the City of Nashua, Four Hills Landfill
and the United States Department of Agriculture, Animal and Plant 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, 2018 through June 30, 2021.

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 FY18-FY20
budgets:

FY18- $67,103.41
FY19- $68,591.07
FY20- $69,862.57

3 Year Contract
FY18 -FY20

WS-ER (6/14) Agreement No.: 17 7233 2545 RA
WBS Element: AP.RA.RX33.72.0012

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

ARTICLE 1

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

ARTICLE 2

APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7
U.S.C.426-426b) as amended, and the Act of December 22, 1987 (101Stat. 1329-331, 7
U.S.C. 426c), 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

APHIS-WS and the CITY mutually agree:
1. The parties’ authorized representatives who shall be responsible for carrying out the

provisions of this Agreement shall be:

Cooperator: Lisa Fauteux, Director
Division of Public Works
9 Riverside Street
Nashua, NH 03062

APHIS-WS: David Allaben, State Director
USDA, APHIS, WS
59 Chenell Drive, Suite 7
Concord, NH 03301-8548

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 (Attachment A). Personnel authorized to attend meetings
under this Agreement shall be CITY’s Superintendent of Solid Waste or his/her
designee, the State Director or his/her designee, and/or those additional persons
authorized and approved by the CITY, and the State Director.

. APHIS WS shall perform services more fully 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.

ARTICLE 4

To authorize APHIS WS to conduct direct control activities to reduce human health
and safety risks and property damage associated with large concentrations of gulls,
starlings and woodchucks attracted to The Four Hills Municipal Landfill Nashua,
New Hampshire. These activities are defined in the Work Plan. APHIS WS will be
considered an invitee on the lands controlled by the CITY. The CITY will be
required to exercise reasonable care to warn APHIS-WS as to dangerous conditions
or activities in the project areas.

. Toreimburse APHIS WS for costs of services provided under this Agreement up to
but not exceeding the amount specified in the Financial Plan (Attachment B).
APHIS, WS shall bill the CITY quarterly. The CITY will begin processing for
payment invoices submitted by APHIS-WS within 30 days of receipt. The
Cooperator ensures and certifies that it is not currently debarred or suspended and is
free of delinquent Federal debt.

To designate to APHIS WS the CITY’s authorized individual whose responsibility
shall be the coordination and administration of activities conducted pursuant to this
Agreement.

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.

APHIS WS shall be responsible for administration and supervision of the program.

10.

11.

12.

All equipment purchased for the program is and will remain the property of APHIS
WS.

To coordinate with APHIS WS before responding to all media requests.

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

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.

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).

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 solely on this project. All
other equipment purchased for the program is and will remain the property of
APHIS WS.

To provide an indoor working space to complete necessary paperwork.

ARTICLE 5

APHIS WS Agrees:

I.

4.

To conduct activities at the Four Hills Landfill and adjacent condominiums as
described in the Work and Financial Plans.

Designate to the CITY the authorized APHIS WS individual who shall be
responsible for the joint administration of the activities conducted pursuant to this
Agreement.

To bill the CITY for costs incurred by APHIS WS during the performance of
services agreed upon and specified in the Work Plan. APHIS WS shall keep records
and receipts of all reimbursable expenditures hereunder for a period of not less than
one year from the date of completion of the services provided under this Agreement
and the CITY shall have the right to inspect and audit such records.

To coordinate with the CITY before responding to all media requests.

ARTICLE 6

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

APHIS WS assumes no liability for any actions or activities conducted under this
Cooperative Service 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 8

Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress
shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom.

ARTICLE 9

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 10

The CITY certifies that APHIS WS has advised the CITY that there may be private
sector service providers available to provide wildlife management services that the
CITY is seeking from APHIS WS.

ARTICLE 11

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.

ARTICLE 12

This Cooperative Service Agreement may be amended at any time by mutual agreement
of the parties in writing. 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 120 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.

The CITY’s Taxpayer Identification Number (TIN) 02-6000581

CITY OF NASHUA

SOLID WASTE DEPARTMENT
840 WEST HOLLIS STREET
NASHUA, NH 03060:

BY:
Jim Donchess, Mayor of Nashua Date

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

BY:

David Allaben, State Director Date
USDA, APHIS, WS .

59 Chenell Drive, Suite 7

Concord, NH 03301-8548

BY:

Janet L. Bucknall Date
Director, Eastern Region

USDA, APHIS, WS

920 Main Campus Drive; Suite 200

Raleigh, NC 27606

ATTACHMENT A
WORK PLAN

For the Conduct of an Integrated Wildlife Harassment and Monitoring Project
under a Cooperative Service Agreement between The City of Nashua and USDA,
APHIS, Wildlife Services (WS)

Introduction

The U.S. Department of Agriculture (USDA) is authorized to protect American
agriculture and other resources from damage associated with wildlife. The primary
authority for Wildlife Services (WS) is the Act of March 2, 1931 (46 Stat. 1468; 7
U.S.C.426-426b) as amended, and the Act of December 22, 1987 (101Stat. 1329-331, 7
U.S.C. 426c). Wildlife Services activities are conducted in cooperation with other
Federal, State and local agencies; private organizations and individuals.

The WS program uses an Integrated Wildlife Damage Management (IWDM) approach
(sometimes referred to as IPM or “Integrated Pest Management”) in which a series of
methods may be used or recommended to reduce wildlife damage. IWDM is described
in Chapter 1, 1-7 of the Animal Damage Control Program Final Environmental Impact
Statement (USDA, 1994). These methods include the alteration of cultural practices as
well as habitat and behavioral modification to prevent damage. However, controlling
wildlife damage may require that the offending animal(s) are killed or that the
populations of the offending species be reduced.

Purpose

To reduce on and off-site conflicts associated with large concentrations of gulls, turkey
vultures, starlings and woodchucks attracted to the Four Hills Municipal Landfill,
Nashua, New Hampshire through the conduct of an integrated wildlife harassment and

monitoring project.

Planned USDA, APHIS, Wildlife Services Activities

1, Wildlife Services will staff the integrated bird damage management and monitoring
program five working days (8-9 hours) from July 1, 2017 through June 30, 2020 (156
consecutive weeks) except government holidays, mandatory scheduled training days and
under extreme weather conditions .

2. Wildlife Services completed an Environmental Assessment (EA) “Reducing Bird
Damage Through an Integrated Wildlife Damage Management Program in the State of

New Hampshire”.

3. Wildlife Services will provide bird harassment training as required of landfill
personnel.

4, Wildlife Services will assist the City in obtaining a USFWS depredation permit for
2017-2018, 2018-2019 and 2019-2020. Wildlife Services will assume responsibility for
processing the USFWS permit application for the City’s signature.

5. Wildlife Services will continue monitoring efforts of wildlife activity and presence at
the nearby Ledgewood Hills condominiums and other surrounding areas deemed to be of
concern to the City and impacted by gulls, starlings or other birds associated with Four
Hills Landfill activities to assess the effectiveness of the integrated gull harassment
program. Wildlife Services will also conduct harassment activities at the Ledgewood
Hills condominiums and other identified nearby properties as necessary and agreed upon,
to reduce gull activity and associated damage to property.

6. Wildlife Services will conduct woodchuck control activities on landfill property to
reduce burrowing activity and potential damage to landfill property as requested.

7. Wildlife Services will provide the City and other interested parties a summary report
including recommendations of integrated harassment activities.
Effective Dates

The cooperative agreement shall become effective on July 1, 2017, and shall expire on
June 30, 2020.