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Home My WebLink About2022-221(7/2019 version) WS Agreement Number: 23 -7212 -8144 -RA WBS: AP.RA.RX12.72.0248 COOPERATIVE SERVICE AGREEMENT between INDIAN RIVER COUNTY (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE I — PURPOSE The purpose of this Cooperative Service Agreement is to assist Indian River County in the removal of coyotes and raccoons in order to reduce the predation of nesting sea turtles on county beaches. 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: I. 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 55,000 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. 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; Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1234 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. 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. 8. The Cooperator will not be connected to the USDA APHIS computer network(s). 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. Parker Hall State Director FL Wildlife Services 2820 E University Ave Gainesville, FL 32641 (352) 377-5556 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. ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS -WS from entering into separate agreement-, 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 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 10/01/2022 and shall continue through 9130/2023, 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 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.: 85-8012622034C-3 APHIS-WS's Tax ID: 41-0696271 O'Bryan November 1, 2022 Date 4n River County Board of County Commissioners 127th Street, Vero Beach, FL 32960 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Digitlly signd by PARHAL PARKER HALLDate:a2022.11.e09 08:43:14KER -05'00L Parker Hall Date State Director FL Wildlife Services 2820 E University Ave Gainesville, FL 32641 (352) 377-5556 S6i;�FiQlENCY BY Attest- Jeffrey R. Smith, Clerk of circuit court" Comptroller Prepared by: Alex Nicely Nputy cl*rt WORKPLAN In accordance with the Cooperative Service Agreement between Indian River County 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 this agreement. Location: Indian River County beachside properties Proposed Dates: 10101/2022 — 9/3012023 Introduction The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) 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. 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. ProLsram Objective The objective of this cooperative service agreement is to assist Indian River County in the removal of coyotes and raccoons in order to reduce predation of nesting sea turtles on county beaches. Upon review, it is Wildlife Services opinion that coyotes will never be fully eliminated from Indian River County properties due to the number of private properties nearby with suitable habitat; however, WS believes that the coyotes/raccoons predating sea turtle nests can be specifically targeted and removed from the beachside habitat. Plan of Action WS, through its local office, will provide a Wildlife Specialist to conduct predator control on Indian River County properties. Coyote and raccoon control will consist of targeted night shooting in order to remove, the individual predator(i) responsible for nest predation. Wildlife Services will maintain a valid permit(s) from the Florida Fish and Wildlife Conservation Commission (FWC) and will coordinate all activities with FWC and local law enforcement. WS will ensure cooperation with all state and federal laws as well as maintain all necessary permits. This work and financial plan will cover approximately 120 hours of work. FINANCIAL PLAN Cost Element Full Cost Personnel Compensation $5,586 Travel $1,213 Vehicles $303 Other Services - Su lies Supplies and Materials $500 Equipment $850 Subtotal (Direct Charges) $8,452 Pooled Job Costs [for non -Over -the Counter prqjectsl 11.00% $930 Indirect Costs 16.15% $1,365 Aviation Flat Rate Collection - Agreement Total $10,747 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $10,747 Cooperator Narno. Address, Phone Number, Emai I APHIS -WS State Office Name, AddrLss, Phone Number. Ernai I Richard B. S7pyrka, P.E. Vielka Dyer Public Works Director USDA APHIS, WS Indian River County 2820 East University Ave. 1801 27th Street, Vero Beach, Fl, 32960 Gainesville, F) 32641 (772) 226-1234 (352) 448-2137 rszpyrka@ircgov.com vielka.g.dyer@usda.gov