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WS-ER (6/14) Agreement No.: 16 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 offsite 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 marmmal 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, APHYS, 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.

. To reimburse 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.

Li.

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 gulls and turkey vultures and list USDA, APHIS, Wildlife
Services as a sub-perinitee.

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:

1.

2.

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.

EDUCATION

Massachusetts Mantime
Academy, BS in
Emergency Management

CERTIFICATIONS

incident Cormmand
System Training
OSHA 40 / Hazwoper
Certified Community
Emergency Response
Team Training

EMILY NOYES

ASSOCIATE PROJECT MANAGER

EXPERIENCE

Emily utilizes her wide range of leadership and hands on experience to work with clients in
evaluating and enhancing all aspects of their Emergency Management needs. From risk assessments
to program/policy development and implementation, Emily brings practical solutions to the table for
all recovery efforts. Prior to joining iParametrics, Emily developed plans for hazard and nsk
reduction, as well as Environmental Health and Safety programs at a variety of manufacturing

plants. Emily earned her bachelor’s degree in Emergency Management.

Throughout her career she also intemed for Dana-Farber coordinating hospital wide training and a
full-scale exercise with other Boston Hospitals. While studying abroad in Denmark she interned for
the International Media Support Organization in implementing risk management programs. Most
recently, she has experience coordinating and planning recovery efforts for COVID-19 in the City
of Lowell EOC. She managed a multi-lingual city call center to increase vaccinated residents. Emily's
leadership, coordination and industry experience allows for a consistently positive outcome for

clients.

* COVID-I9 Pandemic Response, City of
Lowell, MA. Project Manager, Emergency
Management. Managed the City’s multi-
lingual COVID-19 Call Center, located in
the Emergency Operations Center.
Developed and implemented policies and
procedures, Coordinated efforts to reach
over 50,000 residents to aid with
vaccination and response support.

= HCG Associates. Associate Project
Manager. Coordinated with project
managers to develop reports and
remediation suggestions after completion
of Project Hazard Analysis of a variety of

companies in various industries, Developed
plans for hazard and risk reduction, as well

as Environmental Health and Safety for
client companies.
» Emergency Architects and Human Rights.

Worked risk and hazard reduction planning

with the NGO to focus on their goal of
improving socially vulnerable

communities around the globe facing
inequality,

International Media Support Organization.
Provided support in the emergency
management realm for safe and effective
media publications in areas that require
coverage in relatively dangerous
environments.

Dana-Farber Cancer Institute Co-Op.
Participated in hospital-wide training efforts,
focusing on disaster management and future
risk reduction. Conducted and maintained
an annual hazard vulnerability assessment,
based on known and predicted healthcare
hazards, Attended Emergency Management
Preparedness Committee Meetings
furthering interactions on a corporate level,
Engineers Without Borders, Worked in the
safety planning sector to draft plans for
volunteers working in poverty and disaster-
stricken areas, with a focus on providing
safe and effective aid,

PAGE | (i>

ARTICLE 12

This Cooperative Service Agreement may be amended at any time by mutual agreement
of the partics in writing. Aiso, 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:
James Donchess, Mayor City 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:
Charles S. Brown 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 (TWDM) 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. [WDM 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, 2016 through June 30, 2017 (52
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
2016-2017. Wildlife Services will assume responsibility for processing the USFWS
pennit 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, 2016, and shall expire on
June 30, 2017.

ATTACHMENT B
FINANCIAL PLAN
July 1, 2016-June 30, 2017

Personne] Costs 10.00... ...ccececeneeceee cues causes nee eee ety Det Sda ERA EA SEER EEE EO AE EEE ETOH $47,267.00
Vehicle Fuel oo... ccc ccccc ccc cceee ence eee eensereeeeeesceseenece: se ceesetanessertsnsetgys $ 4,131.41
Supplies & Equipment. ............cccccceeeeee cree ee reese econ sete eee pean w neste artes ete en ene $1.843.00
Subtotal (Direct Costs) ............ccccceesecteeeee ene ececene cen ececneeeenesatennnnneaeease $53,241.41
Pooled Job Costs .........c.cccccccenecuecateeueeueeseeen sete tae eeee sae esaeeeeneteeteeeeuagas $5,856.56
Indirect CostS oo... cecccececcececterecee eee eee cee eee n ee enon en bea eeee beaten gee cee eet eed $8,598.49

TOTAL 0... cece cee cece ee eee eee $67,696.46

The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement, but may not exceed $67,696.46

Financial Point of Contact

Cooperator: City of Nashua Financial Services (603) 589-3171
Phone
APHIS, WS: Jane Tuttle (603) 223-6832

Phone

REPORT OF THE FINANCE COMMITTEE
JUNE 15, 2016

A meeting of the Finance Committee was held on Wednesday, June 15, 2016, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chair, presided.

Members of the Committee present: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Benjamin M. Clemons
Alderman June M. Caron
Alderman Ken Siegel

Members not in Attendance: Alderman-at-Large Mark S. Cookson, Vice Chair

PUBLIC COMMENT - None
COMMUNICATIONS

MOTION BY ALDERMAN SIEGEL THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR
THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE AGENDA WAS PREPARED
MOTION CARRIED

From: John Griffin, Chief Financial Officer
Re: Internal Revenue Service Audit

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PAYMENT OF
$19,473.72. FUNDS ARE AVAILABLE WITHIN THE FY16 DEPARTMENTAL BUDGETS, ACCOUNT 52100,
FICA/MEDICARE TAXES

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: | To Approve Contract Award for Healthcare Stop Loss Insurance (Value: $750,692)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
HCC IN THE AMOUNT OF $750,692. FUNDS ARE AVAILABLE IN THE HUMAN RESOURCES
DEPARTMENT; BENEFITS SELF INSURANCE FUND

ON THE QUESTION

Alderman Siegel

| Know this is for this year, but is it going forward? Are we going to continue to have the higher deductible
amount.

Mayor Donchess

Of course it’s subject to approval by the committee, but that would be my recommendation. | think the
consultant agrees.