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Home My WebLink About9030AGENDA BILL CITY OF BREMERTON 31:CP ACITYCOUNCIL SUBJECT: Study Session Date: March 13, 2019 Cooperative Service Agreement with the COUNCIL MEETING Date: March 20, 2019 USDA Animal and Plant Health Inspection Department: Finance Service Wildlife Services (APHIS-WS) Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: Beginning in 2014 and according to BMC 7.15 and Ordinance 5243 the City maintains a service agreement with the USDA APHIS Wildlife Services for the control of Raccoons and nuisance wildlife. The current agreement expires March 31, 2019, APHIS Wildlife Services proposes a 5-year agreement for a total cost of$20,505, and an annual disbursement of$4,101. The U.S. Department of Agriculture will continue to conduct wildlife damage management activities to control Raccoons residing in and around the City of Bremerton in order to reduce human health and safety threats and property damage. ATTACHMENTS: 1) USDA—APHIS-WS Inspection Service Agreement 2) Work plan/Financial Plan FISCAL IMPACTS (Include Budgeted Amount): Annual fee of$4,101 approved in the budget in the 2019 Non-departmental General Fund STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: x Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Cooperative Service Agreement between the City of Bremerton and USDA Animal and Plant Health Inspection Service Wildlife Services and the Work Plan/Financial Plan; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: OApprove Deny Table Continue No Action Form Updated 01/02/2018 APHIS-WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0456 COOPERATIVE SERVICE AGREEMENT between CITY OF BREMERTON (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES(APHIS-WS) ARTICLE 1—PURPOSE The purpose of this Agreement is to conduct wildlife damage management(WDM)activities to control nuisance wildlife,including but not limited to raccoons in and around the City of Bremerton in order to reduce human health and safety threats and property damage. ARTICLE 2-AUTHORITY APHIS-WS has statutory authority under the Act of March 2, 1931, as amended(7 USCA 8351), 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 necessary 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. In carrying out a program of wildlife services involving injurious and/or nuisance animal species or involving mammal and bird species that are reservoirs for zoonotic diseases,the Secretary is authorized to cooperate with States,local jurisdictions,individuals,public and private agencies, organizations,and institutions. Under the Consolidated Appropriations Act, 2017, (Pub.L.No. 115-31, 131 Stat. 144,H.R.244— 115th Congress(2017-2018),APHIS 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 based on the technical assistance,goods,or services provided to the entity by the Agency,and such fees shall be credited to this account,to remain available until expended,without further appropriation, for providing 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 managing conflicts caused by nuisance wildlife in the City of Bremerton,WA. Based on this consultation,APHIS-WS will formulate, in writing, the program work plan and associated budget and present them to the Cooperator for approval. b. Develop a mutually agreed upon Work Plan and Financial Plan 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 related expenses outlined therein. c. When either of the Cooperating parties address the media or incorporate information into reports and/or publications,both Cooperating parties must agree, in writing,to have their identities disclosed when receiving due credit related to the activities covered by this agreement. 1 APHIS-WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0456 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 property 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 Angela Woods, City of Bremerton,345 6t'Street, Suite 100,Bremerton, WA 98337, (360) 473-5323 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 performed. The Cooperator agrees to pay all costs of service submitted via an invoice within 30 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 forth 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 APHIS-WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0456 b. The performance of wildlife damage management actions by 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. 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 incurred 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 pertaining to such claims for reimbursement to the extent permitted 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 part 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 Tort Claims Act(28 USC 1346(b),2401(b), 2671-2680). 3 . • APHIS-WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0456 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 part of an individual's income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12—FAILURE TO PAY FEES The cooperator is liable for fees assessed for services performed under this agreement. APHIS-WS will assess a late payment penalty for failure to pay fees when due. In addition,the overdue fees shall accrue interest as required by 31 U.S.C. 3717. ARTICLE 13—AGREEMENT EFFECTIVE DATE This Agreement shall become effective April 1,2019,and shall continue through March 31,2024.Further,this Agreement may be amended or extended at any time by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend at least 30 days prior to expiration of the agreement. It may be terminated by either party upon 60 days notice in writing to the other party. AUTHORIZATION: CITY OF BREMERTON Tax Identification Number: 91-6001231 M arcl, 2Tt2.019 Greg h eler,Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number: 41-0696271 •� �. 4/1 2-0 '. Mike Linnell, State Director,Washington/Alaska Date C=14-a—gc— c) �pr Jason Suckow,Director, Western Region Date 4 • WORK PLAN/FINANCIAL PLAN Cooperator: City Of Bremerton Contact: Angela Woods, (360)473-5323 angela.woods@a,ci.bremerton.wa.us Cooperative Service Agreement No.: 19-73-53-6657-RA WBS Element: AP.RA.RX53.73.0456 Location: Bremerton, WA Dates: April 1,2019 through March 31, 2020 In accordance with the Cooperative Service Agreement between the City of Bremerton and the United States Department 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 April 1,2019 through March 31,2020. Program Objective/Goals Wildlife Services' objective is to provide assistance to the City of Bremerton when it experiences conflicts with nuisance wildlife. This assistance when initiated by the City may be in the form of educational information, non-lethal techniques or direct control. If direct control is necessary, the most effective and safe tools and techniques available will be utilized. The specific goal is to start a program to control raccoons and other wildlife as agreed upon, in order to protect human health and safety and property in Bremerton, Washington. Plan of Action The objectives of the wildlife control activities will be accomplished in the following manner: 1. APHIS-WS will assign one Wildlife Specialist and will provide the vehicle, field supplies and equipment for the project. The Specialist will work up to 80 hours during the agreement period. 2. Wildlife damage management may be accomplished with the tools and techniques listed in the Agreement for Control of Animal Damage, including: live traps and shooting. 3. Brook Zscheile,the District Supervisor in Poulsbo, (360) 337-2778,will supervise this project. It will be monitored by Mike Linnell, State Director, Olympia, WA, (360) 753- 9884. I • Y 4. 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. 5. City of Bremerton will be billed quarterly by APHIS-WS only for expenses shown in the Financial Plan and will not exceed the Agreement Total. Personnel 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 dispersement of funds from City of Bremerton—Bremerton To USDA APHIS Wildlife Services For Raccoons and other Nuisance Wildlife From April 1, 2019 to March 31,2020 Cost Element Full Cost Personnel Compensation $ 2,800.00 Vehicles $ 325.00 Supplies and Materials $ 100.00 Subtotal (Direct Charges) $ 3,225.00 Pooled Job Costs 11.00% $ 355.00 Indirect Costs 16.15% $ 521.00 Agreement Total $ 4,101.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement,but may not exceed: $4,101.00 Mailing Address: Billing Address: City of Bremerton Same as Mailing 345 6th St, Suite 100 Bremerton,WA 98337 V\1 ^- Mar c,1.\ 71 Zo q Greg er,Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES /1 / Vf2-- /2--40/V State Director,WA/AK Date IV fib. LI I 234-1 2.0 a� -}t I Director, Western Region Date APHIS SALES ORDER REQUEST FORM Amendment: FMMI Customer # Sales Order Type: State Office: Agreement Number: Cooperator Name: Billing Address: Date: Number Frequency of Billing :For WRO Use Only: OSEC Report Agreement Mod CSA WFP Waiver MRP MIPR Scan Date:Sent to: WS Pooled Job Costs: OSEC Date: SHC Mail Distribution Date No. & State Overhead Calc. ACMS Database Agr. Spec. DEOB Check Amount of This SO Request: Overhead Rate: Previously on OSEC Report? Additional Comments: Received in WRO FMMI PO (if a USDA Agency): TAS: Updated 10/05/16 Attached 7600 Total Amount to Date: MICHAEL LINNELL Digitally signed by MICHAEL LINNELL DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=MICHAEL LINNELL, 0.9.2342.19200300.100.1.1=12001000169960 Date: 2020.05.19 07:41:54 -07'00' FINAL DOCUMENT PAGE DATE: 05/09/2019 COOPERATOR: City Clerk Office City of Bremerton 345 6t" Street, Suite 600 Bremerton, WA 98337 This is your final signed original Agreement and/or Work Plan/Financial Plan. If you have any questions, please contact the District Supervisor or me at the address in the box. USDA-APHIS-WILDLIFE SERVICES 720 O'Leary Street NW Olympia, WA 98502 Phone: 360/753-9884 FAX 360/753-9466 Thanks, Roberta NikT Wildlife Services Protecting People 1 Protecting Agriculture I Protecting Wildlife APHIS SALES ORDER REQUEST FORM Amendment: FMMI ƵƐƚŽŵĞƌη Sales Order Type: ^ƚĂƚĞKĨĨŝĐĞ͗ Agreement Number: ŽŽƉĞƌĂƚŽƌEĂŵĞ: ŝůůŝŶŐĚĚƌĞƐƐ͗ ĂƚĞ͗ EƵŵďĞƌ Frequency of illing :'PS8306TF0OMZK^ZĞƉŽƌU ŐƌĞĞŵĞŶƚ DŽĚ ^t&W tĂŝǀĞƌDZW D/WZ 4DBO%BUF4FOUUP t^WŽŽůĞĚ:ŽďŽƐƚƐ͗ K^ĂƚĞ͗ ^, DĂŝůŝƐƚƌŝďƵƚŝŽŶĂƚĞ EŽ͘Θ^ƚĂƚĞ KǀĞƌŚĞĂĚĂůĐ͘ D^ Őƌ͘^ƉĞĐ͘ KŚĞĐŬ AmountŽĨdŚŝƐ^KZĞƋƵĞƐƚ: KǀĞƌŚĞĂĚZĂƚĞ WƌĞǀŝŽƵƐůǇŽŶK^ZĞƉŽƌƚ͍ "EEJUJPOBM$PNNFOUT ZĞĐĞŝǀĞĚŝŶtZK &DD/WK;ŝĨĂh^ŐĞŶĐǇͿ͗ d^͗ 6QEBUFE ƚƚĂĐŚĞĚ ϳϲϬϬ dŽƚĂůŵŽƵŶƚƚŽĂƚĞ͗ ^ƉĞĐŝĞƐ ͗ ĂƚĞŐŽƌǇ ͗ Budget Period: WBS Element: Agreement Performance Period: Washington/Alaska 4/5/21 21-7353-6657-RA NO City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98837 6016755 ROWE - non federal reimbursable agreements, no advance, ie CSAs 21XX - No Year Funds AP.RA.RX53.73.0456 4/1/21-3/31/22 $ 5,205.52 16.15%11%Monthly 4/5/2021 4/30/2021 4/7/2021 ✔ ✔ 1 - Scan Debbie ✔✔ 4/7/2021 ✔ ✔ ✔ Human Health/Safety Raccoons Page 1 WORK PLAN/FINANCIAL PLAN Cooperator: City Of Bremerton Contact: Angela Hoover, (360) 473-5323 Angela.Hoover@ci.bremerton.wa.us Cooperative Service Agreement No.: 21-7353-6657-RA WBS Element: AP.RA.RX53.73.0456 Location: Bremerton, WA Dates: April 1, 2021through March 31, 2022 In accordance with the Cooperative Service Agreement 21-7353-6657 (2019 signature year) between the City of Bremerton and the United States Department 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 April 1, 2021 through March 31, 2022. Program Objective/Goals Wildlife Services’ objective is to provide assistance to the City of Bremerton when it experiences conflicts with nuisance wildlife. This assistance when initiated by the City may be in the form of educational information, non-lethal techniques or direct control. If direct control is necessary, the most effective and safe tools and techniques available will be utilized. The specific goal is to start a program to control raccoons and other wildlife as agreed upon, in order to protect human health and safety and property in Bremerton, Washington. Plan of Action The objectives of the wildlife control activities will be accomplished in the following manner: 1. APHIS-WS will assign one Wildlife Specialist and will provide the vehicle, field supplies and equipment for the project. The Specialist will work up to 100 hours during the agreement period. 2. Wildlife damage management may be accomplished with the tools and techniques listed in the Agreement for Control of Animal Damage including: live traps and shooting. 3. Brook Zscheile, the District Supervisor in Poulsbo, (360) 337-2778, will supervise this project. It will be monitored by Mike Linnell, State Director, Olympia, WA, (360) 753-9884. APHIS Agreement Number 21-7353-6557 WBS AP.RA.RX53.73.0456 4. 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. 5. City of Bremerton will be billed monthly by APHIS-WS only for expenses shown in the Financial Plan and will not exceed the Agreement Total. Personnel 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 Deborah Stalman, Supervisory Budget Analyst, (360) 753-9884. FINANCIAL PLAN For the disbursement of funds from City of Bremerton – Bremerton, Washington To USDA APHIS Wildlife Services For Wildlife Damage Management From April 1, 2021 to March 31, 2022 Cost Element Full Cost Personnel Compensation $ 3,500.00 Vehicles $ 444.00 Supplies and Materials $ 150.00 Subtotal (Direct Charges) $ 4,094.00 Pooled Job Costs 11.00% $ 450.34 Indirect Costs 16.15% $ 661.18 Agreement Total $ 5,205.52 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $5,205.52 APHIS Agreement Number 21-7353-6557 WBS AP.RA.RX53.73.0456 Mailing Address: Billing Address: City of Bremerton Same as Mailing 345 6th St, Suite 100 Bremerton, WA 98337 ________________________________________ ___________________ Greg Wheeler, Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES _______________________________________ ____________________ Mike Linnell, State Director, WA/AK Date _______________________________________ _____________________ Keith Wehner, Director, Western Region Date MICHAEL LINNELL Digitally signed by MICHAEL LINNELL DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=MICHAEL LINNELL, 0.9.2342.19200300.100.1.1=1200100016 9960 Date: 2021.04.05 07:09:45 -07'00' for CORY OGLESBY Digitally signed by CORY OGLESBY DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=CORY OGLESBY, 0.9.2342.19200300.100.1.1=12001000003523 Date: 2021.04.07 11:17:12 -06'00'