HomeMy WebLinkAboutResolutions - 2024.11.21 - 41726
AGENDA ITEM: Cooperative Service Agreement with the United States Department of Agriculture
Animal and Plant Health Inspection Service for Wildlife Services at County Parks
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4642
Motion to approve the Cooperative Service Agreement with the United States Department of
Agriculture Animal and Plant Health Inspection Service for wildlife management at Oakland County
Parks in an amount not to exceed $19,757 for the period of December 1, 2024, through March 31,
2025; further authorize the Chair of the Board of Commissioners to execute the required agreement.
ITEM CATEGORY SPONSORED BY
Contract Brendan Johnson
INTRODUCTION AND BACKGROUND
Oakland County Parks is requesting approval of a cooperative service agreement with the US
Department of Agriculture (USDA) that will allow deer management services to be performed by
USDA employees on County park lands. This is a continuation of a program that was started with
the USDA in 2023 but requires annual renewal.
POLICY ANALYSIS
This is a request to approve a cooperative service agreement between Oakland County Parks and
the USDA Animal and Plant Health Inspection Servicer Wildlife Services for a project to protect
American agriculture and other resources from damage associated with wildlife. At the request of
Oakland County Parks, white-tailed deer will be removed under permits issued by the Michigan
Department of Natural Resources. Funding for this item has been built into the current FY 2025
operating budget; therefore, there is no budget amendment required at this time.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Sarah Cook-Maylen, Chief Parks & Recreation
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024
AGENDA DEADLINE: 11/21/2024 9:30 AM
ATTACHMENTS
1. OCP/USDA Cooperative Service Agreement
COMMITTEE TRACKING
2024-11-12 Legislative Affairs & Government Operations - Recommend to Board
2024-11-21 Full Board - Adopt
Motioned by: None
Seconded by: None
Yes: None (0)
No: None (0)
Abstain: None (0)
Absent: (0)
(7/2019 version)
WS Agreement Number: ________________-RA
WBS:______________________________
[optional] Cooperator PO: _________________
ROWE-monthly or quarterly (billable) 1
COOPERATIVE SERVICE AGREEMENT
between
OAKLAND COUNTY PARKS
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1 – PURPOSE
The purpose of this Cooperative Service Agreement is to assist Oakland County Parks in a
wildlife damage management project as described in the attached Work Plan.
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.
For Internal Use: ROWE-monthly or quarterly (billable)
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;
Oakland County Parks
Sean Zera
2800 Watkins Lake Road
Waterford, MI 48328
(248) 520-7231
zeras@aok.gov
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.
8. To obtain the appropriate permits for removal activities for species listed in the Work Plan
and list USDA, APHIS, Wildlife Services as subpermitees.
For Internal Use: ROWE-monthly or quarterly (billable)
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.
APHIS-WS State Director:
Anthony G. Duffiney
2803 Jolly Rd, Suite 100
Okemos, MI 48864
(517) 336-1928
anthony.g.duffiney@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 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.
Select billing frequency: Monthly or Quarterly
(Quarterly billing will be default)
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.
For Internal Use: ROWE-monthly or quarterly (billable)
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 December 1,2024, and shall continue through March
31, 2025, 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.
For Internal Use: ROWE-monthly or quarterly (billable)
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.: 38-6004876
APHIS-WS’s Tax ID: 41-0696271
OAKLAND COUNTY PARKS
_______________________________________ _______________________
David T. Woodward
Chair
Oakland County Board of Commissioners
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
_______________________________________ _______________________
Anthony G. Duffiney, State Director Date
USDA, APHIS, WS
2803 Jolly Rd, Suite 100
Okemos, MI 48864
Prepared by (APHIS-WS employee): David Madrigal
For Internal Use: ROWE-monthly or quarterly (billable)
WORK PLAN
In accordance with the Cooperative Service Agreement between Oakland County Parks
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.
Program Objective
The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and
other resources from damage associated with wildlife. Wildlife Services activities are conducted
in cooperation with other Federal, State and local agencies, private organizations and individuals.
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, habitats, and behavioral modifications 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.
Plan of Action
At the request of the Oakland County Parks, Wildlife Services will remove white-tailed deer
under permits issued by the Michigan Department of Natural Resources. Wildlife Services will
utilize suppressed firearms from vehicles, ground blinds, elevated stands, and baiting. Wildlife
Services will perform field dressing and transport carcasses to local processor for donation to
charity. At the completion of this project, Okland County Parks may consult with Wildlife
Services and the Michigan Department of Natural Resources to determine if further control visits
are necessary.
For Internal Use: ROWE-monthly or quarterly (billable)
FINANCIAL PLAN
Cost Element Full Cost
Personnel Compensation $13,414
Travel
Vehicles $625
Other Services
Supplies and Materials $1,000
Equipment $500
Subtotal (Direct Charges) $15,539
Pooled Job Costs 11.00% $1,709
Indirect Costs 16.15% $2,509
Aviation Flat Rate Collection
Agreement Total $19,757
The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement, but may not exceed: $19,757
Cooperator Financial Point of Contact: APHIS-WS State Financial Point of Contact:
Jenifer Adcock, Fiscal Services Supervisor Lloyd NELSON Peymbroeck, Budget Analyst
(248) 420-1727 2803 Jolly Rd, Suite 100
adcockj@oakgov.com Okemos, MI 48864
(517) 318-3462
Lloyd.N.Peymbroeck@usda.gov