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Home My WebLink AboutUSDA-APHIS Wildlife Services Agreement FINAL DOCUMENT PAGE DATE: 05/09/2019 COOPERATOR: Auburn Municipal Airport Tim Mensonides, Airport Director 2143 E Street NE #1 Auburn, WA 98002 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 Wildlife Services Protecting People I Protecting Agriculture I Protecting Wildlife WORK PLAN/FINANCIAL PLAN COOPERATOR: Auburn Municipal Airport CONTACT: Tim Mensonides,Airport Manager, (425) 754-1732, tmensonides@auburnwa.gov COOPERATIVE SERVICE AGREEMENT No.: 19-7353-6996-RA WBS CODE: AP.RA.RX53.73.0535 LOCATION: Auburn Airport DATES: March 1, 2019 through December 31, 2019 In accordance with the Cooperative Service Agreement(signature year 16-7353-6804-RA)between Auburn Municipal Airport 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 this project during the period of March 1, 2019 through December 31, 2019. Program Objective Wildlife Services' objective is to reduce human health and safety risks associated with potential wildlife/aircraft collisions and other airport operations. APHIS-WS will provide assistance in the form of technical information,recommendations, and wildlife management activities related to minimizing wildlife conflicts. Specifically, APHIS-WS will work to reduce the threat from animals found utilizing the runway and proximity. Plan of Action . The objectives of this plan will be accomplished in the following manner: 1. APHIS-WS will provide a Wildlife Biologist to perform site visits up to 7 hours per week. These visits may vary depending upon the seasonal influx of wildlife and/or specific requests from the cooperator. APHIS-WS will provide vehicles, equipment, supplies, and training • necessary to implement management activities. 2. The following control methods will be used for the management activities: technical assistance,hazing, trapping, and shooting. Raptors may be trapped and relocated at the discretion of the USDA WS Wildlife Biologist. APHIS-WS will ensure that the most effective and safe control tools and techniques available are utilized. 3. Brook Zscheile, the District Supervisor in the APHIS-WS Bremerton District Office (360) 337-2778 will supervise this project. It will be monitored by Mike Linnell, the State Director in Olympia, WA(360) 753-9884. 4. Auburn Municipal Airport will be responsible for obtaining and maintaining the Migratory Bird Depredation Permit that is required by the United States Fish and Wildlife Service. API-IIS WS will provide activity reports and assist with the yearend reporting. 5. Auburn Municipal Airport will provide security access to the airfield and necessary driver and communication training. 6. 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. 7. Auburn Municipal Airport 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 disbursement of funds from Auburn Airport to USDA APHIS Wildlife Services for Protect aircraft/human health and safety From 03/01/2019 to 12/31/2019 Cost Element Full Cost Personnel Compensation $ 16,223.00 Vehicles $ 1,426.00 Supplies and Materials $ 1000.00 Subtotal(Direct Charges) $ 18,649.00 Pooled Job Costs 11.00% $ 2,052.00 Indirect Costs 16.15% $ 3,012.00 Agreement Total $ 23,713.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $23,713.00 Mailing Address: Billing Address: Auburn Municipal Airport Same Tim Mensonides, Airport Director 2143 E Street NE#1 Auburn, WA 98002 itY) ' _,__ 4'11' '1 • ancy Bal, Mayor, City of Auburn Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WIL a IF SER ICES V/2-0-0q Mice Linnell, State D.' or, WA/AK Date C 0 _ • (412-1-41 2....o I c cor Jason Suckow, Director, Western Region Date .'PROVED AS TO FORM • I , APHIS-WS Agreement Number: 19-7353-6996-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0535 COOPERATIVE SERVICE AGREEMENT between AUBURN MUNICIPAL AIRPORT(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 reduce human health and safety risks associated with potential wildlife/aircraft collisions and other airport operations. ARTICLE 2 -AUTHORITY APIIIS-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 wildlife on or in the proximity of Auburn Municipal Airport,Auburn, Washington. 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: I9-7353-6996-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0535 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 Tim Mensonides,Airport Manager;2143 E Street NE#1,Auburn, WA 98002,(425) 754-1732 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 dateof 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, WS will 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. b. The performance of wildlife damage management actions by WS under this agreement is contingent upon 2 1 I • APHIS-WS Agreement Number: 19-7353-6996-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0535 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: I9-7353-6996-RA APHIS-WS Account Code(WBS): AP.RA.RX53.73.0535 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 March 1, 2019, and shall continue through December 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: AUBURN MUNICIPAL AIRPORT AUBURN, WASHINGTON . Tax Identification Number: 91-6001228 Na.p( 4.t1 . 1q ncy Back AVayor, City of Auburn Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number: 41-0696271 VIziSaq Mike Linnell,State Director, Washington/Alaska Date --i)' s1/4. C; ‘- /D-- 1-1- I2-4I 2_01g -Gpr- Jason uckow,Director,Western Region Date APPRe.,. -- •PATO FORIA L. 4 i I