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Home My WebLink About1793 - US Dept of Agriculture - Agreement - Wildlife ServicesA Pl-ll S-W S Agree ment N umb er: 19-7353 -6 173 -RA A Pl-l l S-W S A cco unt Co de (WBS): J\P .RAR X53 . 73 .0 178 COOPERATIVE SERVICE AGREEMENT between CITY OF MA YRS VILLE (COOP ERA TOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (APIDS-WS) ARTICLE 1 -PURPOSE The purpose of thi s Agreement is to co nduct wildlife dam age manage ment (WDM) activities to control aquatic mammals residing in and around th e c ity of Marysville in order to reduce human health and safety threats and prop erty damage du e to floodin g . ARTICLE 2 -AUTHORITY APHIS-WS has statutory authority und e r the Act of March 2 , l 93 1, as amended (7 USCA 83 51 ), and the Act of December 22, 1987 (7 USCA 8353), the Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers neces sary in conducting the program. Additionally, the Secretary of Agriculture, except for management of urban rodents, is authorized to conduct activities to manage nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases. [n carrying out a program of wildlife services involving injurious and/or nuisance a nimal species or involving mammal and bird s pecies that are re se rvoirs for zoonotic diseases , the Secretary is authorized to cooperate with States, local jurisdictions, individual s, public and private agencies, organizations, a nd in stitutions. Under the Consolidated Appropriations Act, 2017 , (Pub. L. No . 115-3 1, 131 Stat. 144, H .R. 244 -I 15th Congress (2017-2018), APHJS is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably base d on the technical assistance, goods, or services provided to the entity by th e Agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providin g such assistance, good, or services. ARTICLE 3 -MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that: a . Confer and plan a WDM program that addresses the need for manag ing conflicts caused by aquatic mammals in Marysville, WA. Based on this consultation, APHlS-WS will fonnulate, in writing, th e program work plan and associated bud get and present th e m to the Coo perator for approval. b . Develop a mutually agreed upon Work Plan a nd Financial Pl a n which are incorporated into this Agreement by reference. It is understood and agreed that any monies allocated for the purpose of this Agreement shall be expended only towards the activities and re lated expenses outlined therein. c. When either of the Coo perating parties address the m e dia or incorporate information into reports and/or publications, both Cooperatin g parties must agree, in writing, to have th e ir identiti es disclosed when receivin g due credit re lated to the activities covered by thi s agreement. 1 OR\G\NAL APHJS-WS Agreern~nt Number: 19-7353-6173-RA AP!IIS-WS Account Code (WBS): AP.RA.RX53.73.0178 d. APHIS-WS has advised the Cooperator that other private sector service providers may be available to provide wildlife management services and notwithstanding these other options, Cooperator requests that APHIS-WS provide wildlife management services as stated under the terms of this Agreement. e. All equipment with a purchase price of $5,000 or more per unit, purchased directly with funds from the cooperator for use solely on this project shall be subject to disposal according to APHIS-WS policy, and shall be specifically listed in the Work and Financial Plan. Property title/disposal shall be determined when the project (including all continuations and revisions of this agreement) terminates, or when the equipment is otherwise directed to other projects, whichever comes first. If the equipment is sold prior to the project end, the proceeds should be allocated according to APHIS-WS Policy. Continuations and revisions to this agreement shall list any equipment with a purchase price of $5,000 or more per unit, carried over from a purchase directly with funds from the cooperator for use solely for this project. All other equipment purchased for the program is and remain the prope1iy of APHIS-WS. f. APHIS-WS will provide overall direction and control of the program. ARTICLE 4-COOPERATOR RESPONSIBILITIES The Cooperator agrees to/that: a. Designate Matthew Eyer, Storm/Sewer Supervisor, City of Marysville, 80 Columbia Avenue, WA 98270, (360) 363-8112 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement; b. Reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Work and Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the Work and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are perfonned. The Cooperator agrees to pay all costs of service submitted via an invoice within 3 0 days of the date of the submitted invoice or invoices as submitted by APHIS-WS. Late payments are subject to interest, penalties, and administrative charges and costs as set fo1ih under the Debt Collection Improvement Act of 1996. If the Cooperator is delinquent in paying the full amount of the due service costs submitted by APHIS-WS, and/or is delinquent in paying the due late payments, and/or is delinquent in paying the interest, penalties, and/or administrative costs on any delinquent due service costs, APHIS- WS will immediately cease to provide the respective service associated with the submitted service costs. APHIS-WS will not reinstate or provide the respective service until all due service costs, and/or due late payments, and/or due interest, penalty, and/or administrative costs are first paid in full. c. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. d. As a condition of this Agreement, The Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. ARTICLE 5 -WS RESPONSIBILITIES APHIS-WS agrees: a. To designate APHIS-WS State Director, Mike Linnell, 720 O'Leary Street NW, Olympia, WA 98502, (360) 753-9884 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement. 2 Al'HIS-WS Agreement Number: I 9-7353-6173-Ri\ APHIS-WS Account Code (WBS): AP.Ri\.RX53.73.0I 78 b. The performance of wildlife damage management actions by WS under this agreement is contingent upon a determination by APF!IS-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. c. To provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work and Financial Plan referenced in 3.a of this Agreement. d. To bill the Cooperator for costs incun-ed in performing WDM activities as authorized in the approved annual Work and Financial Plan as may be amended. e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the Financial Plan. APHIS-WS will cease providing goods or services until a revision to the Work and Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement. f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pe1iaining to such claims for reimbursement to the extent pe1111itted by Federal law and regulations. ARTICLE 6 -CONTINGENCY STATEMENT For costs borne by APHIS-WS, this agreement is contingent upon the passage of the Agriculture, Rural Development, and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress provides APHIS-WS funds only for a finite period under a Continuing Resolution. ARTICLE 7 -NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent any other country, State government or its political subdivisions, local government, university, or college, organization, association, or individual from entering into separate agreements with APHIS-WS for same or similar activities provided under the terms of this Agreement. ARTICLE 8 -CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or pari of this agreement or to any benefit to arise therefrom. ARTICLE 9 -APPLICABLE REGULATIONS All WDM activities will be conducted in accordance with applicable Federal, State, and local 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. ARTICLE 10 -LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent the recourse or remedies are provided by Congress under the Federal To1i Claims Act (28 USC 1346(b), 2401 (b), 2671-2680). 3 A PHI S-WS Agreeme nt N umber: 19-7353-6173-RA A PHIS-WS Accou nt Code (WBS): AP.RA.RX53. 73.0 178 ARTICLE 11-NON-DISCRIMINATION CLAUSE T he U nited States De partm e nt of Agric ulture prohibits discr imination in a ll its program s and activ iti es o n the basis of race, co lo r, nat io na l o ri g in , age, d isa bi I ity , a nd w he re app li cab le, sex, ma rital status, fam i I ia l statu s, pare ntal statu s, re li g ion , sexua l or ie ntat io n , genet ic in formati o n, po li t ical be ! iefs, rep ri sa l, o r beca use a l I o r part of a n in d iv idua l's in co m e is derived from any publi c ass ista nce prog ram. Not a ll prohibited bases a pply to a ll prog rams. ARTICLE 12-FAILURE TO PAY FEES The cooperator is li ab le for fees assessed for serv ices performe d und er th is agreeme nt. AP HIS -WS wi ll assess a late paym e nt pe na lty fo r fai lure to pay fees w he n du e. In a dditi o n, the overdu e fees s ha ll acc ru e inte rest as requ ire d by 3 1 U.S.C .37 17 . ARTICLE 13 -AGREEMENT EFFECTIVE DATE T hi s Agreem e nt s ha ll becom e effective October I , 2 018 a nd s ha ll co ntinu e to Septe mb e r 3 0 , 2 0 23. Furth e r, t hi s Agreeme nt m ay be amend e d o r exte nd e d at a ny tim e by mutual agreement of th e pa rti es in writin g. Th e Coo perator mu st s ubmit a wr itten re qu est to ext e nd at least 30 days pri o r to exp irat io n of t he agreem e nt. It may be termin a te d by e ith e r pa 1ty upon 60 days noti ce in writin g t o th e othe r pa rty . AUTHORIZATION: C ITY OF MARYSMfLLE MARYSVILLE, WA Tax Id e ntifica tion Number: 9 1-6001459 Mayor:;t)/(;fMarysville:? UN ITED STATES DEPARTMEN T OF AG R ICULTURE AN l MAL AND PLANT H EA LTH INSPEC TION SE RVI CE WILDLI FE SERVI CES Tax Id e ntification Numbe r: 4 1-069627 1 £~ Direct'6f:Western Regio n 4 Date I Date D ate WORK PLAN/FINANCIAL PLAN Cooperator: City of Marysville Contact: Matt Eyer, 360-363-8112 meyer@marysvillewa.gov Jim Ballew, 360-363-8402 jballew@marysvillewa.gov Officer Dave Vasconi, Marysville PD 425-754-8843 Cooperative Service Agreement No.: 19-73-53-6173-RA WBS Code: AP.RA.RX53.73.0l 78 FMMI Shorthand Code: 9XWSWR5353REIMBURRX53730178 Location: City of Marysville Date: October 1, 2018 through September 30, 2019 In accordance with the Cooperative Service Agreement between the City of Marysville and the United States Depmiment of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities, and budget of the wildlife control activities for the period of October 1, 2018 through September 30, 2019. Program Objective/Goals APHlS-WS objective is to provide assistance to the City of Marysville, when they experience wildlife conflicts caused by aquatic mammals, coyotes and other nuisance wildlife. This assistance may be in the form of educational information or direct control. If direct control is necessary, the most effective and safe control tools and techniques will be utilized. Plan of Action 1. The objectives of this plan will be accomplished in the following manner: 2. APHIS-WS will assign a Wildlife Specialist on an intermittent basis up to 320 hours and will also provide the vehicle, field supplies, and equipment for the project. 3. APHIS-WS will conduct aquatic mammal control in areas of flooding, and monitor their activity in areas where populations are reduced to prevent re-infestation. 4. APHIS-WS will conduct control of coyotes when coyotes are causing a human health and safety issue. 5. Damage control will be accomplished by the following methods: a. Technical assistance to improve and expand non-lethal methods (i.e. exclusion, eliminate feeding, etc.) b. Trapping c. Shooting 6. Brook Zscheile, the APHIS-WS District Supervisor (360) 337-2778 in Poulsbo will supervise this project. This project will be monitored by Mike Linnell, the State Director in Olympia, (360) 753-9884. 7. APHIS-WS will cooperate with the Washington Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, county and local city governments, and other entities to ensure compliance with Federal, State, and local laws and regulations. 8. City of Marysville will be billed quarterly by APHIS-WS only for expenses shown in the Financial Plan and will not exceed the Agreement Total. Persom1el Compensation is defined as salary for all hours worked, benefits, differentials, hazardous duty allowances, annual leave, sick leave and awards. The financial point of contact for this Work Plan/Financial Plan is Roberta Bushman, Administrative Officer, (360) 753-9884. FINANCIAL PLAN For the disbursement of funds from City of Marysville to USDA APHIS Wildlife Services for Aquatic Mammal Management From 10/01/2018 to 09/30/2019 Cost Element Personnel Compensation $ Vehicles $ Supplies and Materials $ Subtotal (Direct Charges) $ Pooled Job Costs 11.00% $ Indirect Costs 16.15% $ Agreement Total $ Full Cost 10,580.00 1,300.00 1000.00 12,880.00 1,417.00 2,080.00 16,377.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $16,377.00. Mailing Address: CITY OF MARYSVILL E 1049 STATE AVE . MARYSVILLE, WA 98270 UNITED ST ATES DEPARTMENT OF AGRICULTURE AN IMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERV ICES ~f{;;;;__ State Director, WA/ AK ----~ Billing Address: Same Date Date