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HomeMy WebLinkAbout042621_ca06 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Engineer(i . Agenda Date: April 26, 2021 Subject: Contract for beaver management Statement of Issue: Beaver activity poses occasional threats to county roads, at times threatening the road base, causing flooding across the road surface or, in extreme cases, storing enough water upstream of a road to cause substantial damage or danger upon release. Public Works utilizes a variety of methods to allow roads to remain operational while coexisting with adjacent beavers, but on occasion removal of the animals is required to maintain road access. These services are performed for Public Works upon request by Animal and Plant Health Inspection Service, Wildlife Services, of United States Department of Agriculture. A five-year cooperative agreement with that agency is proposed here to simplify paperwork and allow both agencies to plan and budget for this work. Analysis/Strategic Goals/Pro's Et Con's: Recent responses to threats to county roads from beaver activity have included raising the elevation of the road surface, installing additional culvert capacity, permitted reduction of dam height and beaver removal. The proposed agreement covers only this latter option in our toolbox. Fiscal Impact/Cost Benefit Analysis: USDA has been a reliable partner in these occasional efforts; handles projects skillfully, quickly and lawfully; and works well with adjacent county residents to explain beaver behavior and the projects. The cost is negligible in relation to the road damage and danger prevented by their work. Recommendation: Approve the proposed five-year contract. Department Contact: Matt Stewart, 360-344-9705 Reviewed By: r 6/1('YX-C. Philip Morle ounty Administ Date WS Agreement Number: 21-7353-xxxxx-RA WBS: AP.RA.RX53.73.Oxxx Cooperator PO: COOPERATIVE SERVICE AGREEMENT between JEFFERSON COUNTY (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1— PURPOSE The purpose of this Agreement is to conduct wildlife damage management (WDM) activities on aquatic mammals and other nuisance wildlife in order to reduce human health and safety threats and extensive damage due to flooding and eroding roadways and/or road structures. 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: 1. 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. All other equipment purchased for the program is and will remain the property of APHIS-WS. 4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. WS Agreement Number: 21-7353-xxxxx-RA WBS: AP.RA.RX53.73.0xxx Cooperator PO: ARTICLE 4 - COOPERATOR RESPONSIBILITIES Cooperator agrees: 1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; Matt Stewart, Road Maintenance Superintendent Department of Public Works Jefferson County PO Box 1200 / 371 Chimacum Rd Port Hadlock WA 98339 360-385-0890 mstewart@cojefferson.wa.us efferson.wa.us 2. 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 controlled by the Cooperator. Cooperator will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas. 3. 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 administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5. 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. 6. 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. 7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel. WS Agreement Number: 21-7353-xxxxx-RA WBS: AP.RA.RX53.73.0xxx Cooperator PO: 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. Mike Linnell, State Director, WA/AK USDA APHIS Wildlife Services 720 O'Leary Street NW Olympia, WA 98502 360-753-9884 Mike.a.linnell@usda.gov 2. To conduct activities at sites designated by Cooperator 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 Cooperator quarterly 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. 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. WS Agreement Number: 21-7353-xxxxx-RA WBS: AP.RA.RX53.73.0xxx Cooperator PO: 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 admitted to any share or part of this agreement or to any benefit to 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 part 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 April 1, 2021 and shall continue through_March 31, 2026 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 60 days prior to effecting such action. Further, in WS Agreement Number: 21-7353-xxxxx-RA WBS: AP.RA.RX53.73.0xxx Cooperator PO: 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. Cooperator's Tax ID No.: 91-6001322 APHIS-WS's Tax ID: 41-0696271 AUTHORIZATION: COUNTY OF JEFFERSON BOARD OF COUNTY COMMISSIONERS Kate Dean, Chair Date Port Townsend, Washington Approved as to form only: 2- i5e-puty Prosecuting Attorney UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Mike Linnell, State Director WA/AK Date USDA, APHIS, WS 720 O'Leary Street NW, Olympia, WA 98502 Keith Wehner, Director, Western Region Date USDA, APHIS, WS 2150 Centre Ave., Bldg. B, Mailstop 3W9, Ft. Collins, CO 80526 Prepared by (APHIS-WS employee): Brook Zscheile and Deborah Stalman WORK PLAN/FINANCIAL PLAN Cooperator: Jefferson County Department of Public Works Contact: Matt Stewart, 360-385-0890, mstewart@co.jefferson.wa.us Cooperative Service Agreement No.: 21-7353-7163-RA WBS Code: AP.RA.RX53.73.0271 Location: Jefferson County, WA Dates: April 1, 2021 — March 31, 2022 In accordance with the Cooperative Service Agreement 21-7353-7163-RA ( 2021 signature year) between the Jefferson County Department of Public Works 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 Jefferson County Public Works Department has substantial concerns regarding aquatic mammal activities which cause extensive damage by flooding and eroding roadways and structures, and impact public health and safety. The program objective is to maintain a program to reduce, minimize, or eliminate damage to roads and road structures caused by aquatic mammal activity, and other concerns associated with nuisance wildlife. 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 on an intermittent basis to the project and will also provide the vehicle and field supplies. The total time for this project will not exceed 160 hours. APHIS-WS will utilize the safest and most effective tools while conducting management activities. 2. Brook Zscheile, the District Supervisor in Poulsbo, WA (360) 337-2778 will supervise this project. This project will be monitored by Mike Linnell, the State Director, Olympia, WA, (360) 753-9884. 3. 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 laws and applicable State, and local laws and regulations. APHIS Agreement Number 21-7353-7163-RA Account AP.RA.RX53.73.0271 4. APHIS-WS will assist Jefferson County Department of Public Works in obtaining and maintaining the necessary permit from the Washington Department of Fish & Wildlife. 5. Jefferson County Department of Public Works 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. 6. APHIS-WS will list the location of services (site name, road name, park name etc.) for the approximate hours worked with the monthly billing. Jefferson County Department of Public Works will provide the site location information at the time of request. FINANCIAL PLAN For the disbursement of funds from Jefferson County Department of Public Works to USDA APHIS Wildlife Services for Minimizing of damage caused by wildlife from 4/l/2021 to 3/31/2022 Cost Element Full Cost Personnel Compensation $ 5,600.00 Vehicles $ 710.00 Supplies and Materials $ 350.00 Subtotal Direct Charges) $ 6,660.00 Pooled Job Costs 11.00% $ 732.60 Indirect Costs 16.15% $ 1,075.59 Agreement Total $ 8,468.19 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $8,468.19 Page 2 APHIS Agreement Number 21-7353-7163-RA Account AP.RA.RX53.73.0271 Mailing Address: Billing Address: JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS Same as Mailing PO Box 1200 / 371 Chimacum Port Hadlock WA 98339 � Monte Reinders Public Works D 31 Z/ County Engineer Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Mike Linnell, State Director, WA/AK Keith Wehner, Director, Western Region Date Date Page 3