HomeMy WebLinkAboutDoc 360 - IGA - USDA Wildlife Svcs - Solid WasteDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 26, 2013
DATE: June 18,2013.
FROM: Timm Schimke. Solid Waste 317-3177
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of Document No. 2013-360 a cooperative agreement with the United
States Department of Agriculture for wildlife services.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Department of Solid Waste works cooperatively with the U.S. Department of Agriculture Wildlife
Services for starling control at Knott Landfill. Starlings gather at the landfill and cause property
damage and possible health problems for neighbors of the landfill. In addition to their work at the
landfill, Wildlife Services provides a variety of services to the community including outreach and
education as well as control services for problematic wildlife such as bear, cougar, coyote etc.
FISCAL IMPLICATIONS:
This document is a renewal of a five year general cooperative agreement and has no fiscal consideration
associated with it. Each year of the agreement, a work plan and budget are developed and considered
for approval.
RECOMMENDATION & ACTION REQUESTED:
The DepartmentofSolid Waste and the citizens of Deschutes County receive significant value for the
serfvice provided by Wildlife Services. I recommend signature of Document 2013-360
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Return all copies to Solid Waste to obtain other signatures.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form Is required to be submitted witll ALL contracts and otller agreements, regardless of Whether the document Is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document Is to be on a Board
agenda, tile Agenda Request Form is also required. If this form Is not Included with the dOClll'lent, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes. and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to tile Board Secretary.)
Please complete all sections above the OffIcial Review line.
Date: Qune 18. 2013) Department: r§olid Waste!
Contractor/Supplier/Consultant Name: ius Department of Agriculture!
Contractor Contact: IDavid Williamij Contractor Phone #: 1503 3261
~
Type of Document: Cooperative Agreement
Goods and/or Services: Contractor will provide a wide range of services to control
starlings at Knott Landfill as well as other wildlife control throughout Deschutes County.
Activity incllude hazing, trapping, relocation, extermination to resolve human-animal
conflicts. Activity also includes a significant amount of education to landowners related
to resolving wildlife predation problems.
Background & History: This is 5 year cooperative agreement with USDA wildlife
services that is being renewed. Annual work plans and budgets are considered
separately. We contract direclty with USDA as they are the only licensed entity to apply
the specialized pesticide used to control starlings ..
Agreement Starting Date: Quly 1. 2013) Ending Date: Qune 30. 201ij
Annual Value or Total Payment: @etermined under separate agreemenij
D Insurance Certificate Receiled (Cleck box)
Insurance Expiration Date:
Check all that apply:
D RFP I Solicitation or Bid Process
D Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding-Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No
Special conditions attached to this grant:
6118/2013
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance:
Name:
Phone #: IL----l
Departmental Contact and Title: Timm Schimke Phone #: 317
3177
Department Director Approval(. ~:;:~__c;--'--r-a:.,c........:;..tP-7"d'-'~~7~_
S~na~re 7D~'
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): (1) BOCC 0 Department Director (if <$25K)
. if >$150K, BOCC Order No. _____
Legal Review Date
Document Number "'--++OIC -20 1 3 - 3 6 0
6/18 /2013
Agreement 13-73-41-5553
AP.RA .RX41 .73.0003
\
COOPERA TIVE SERVICE AGREEMENT
between
LEGAL COUNSEL DESCHUTES COUNTY (COOPERA TOR)
~~VIErJ:ajJ \
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES (WS)
ARTICLE 1 -PURPOSE
The purpose of this Agreement between Deschutes County, Oregon and USDA APHIS Wildlife Services
(APHIS-WS) is to conduct wildlife damage management (WDM) activities in Deschutes County . These
activities will strive to control predatory and nuisance species in and around Deschutes County, to reduce
damage to livestock and human health and safety threats .
ARTICLE 2 -AUTHORITY
APHIS WS has statutory authority under the Act of March 2,1931 (46 Stat. 1468; 7 U.S.C.426-426b) as
amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 U .S.C. 426c), for the Secretary of
Agriculture to cooperate with States, individuals, public and private agencies, organizations, and institutions in
the control of wild mammals and birds that are reservoirs for zoonotic diseases, or are injurious or a nuisance to,
among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and public health and safety.
ARTICLE 3 -MUTUAL RESPONSIDILITIES
The Cooperator and WS agree:
a. To confer and plan a WDM program that addresses the need for managing conflicts caused by predatory
and nuisance species in and around Deschutes County, Oregon. Based on this consultation, WS will
formulate annually, in writing, the program work plan and associated budget and present them to the
Cooperator for approval.
b. Each year the Cooperator and APHIS-WS must agree to and sign the annual Work and Financial Plans,
which upon execution are incorporated into this Agreement by reference.
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.
d . That 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.
ARTICLE 4 -COOPERATOR RESPONSIDILITIES
The Cooperator agrees:
a. To designate Tim Shimke, Deschutes County 61000 SE 27th Street, Bend, Oregon 97702
(541) 388-6570 as the authorized representative who shall be responsible for collaboratively
administering the activities conducted in this Agreement;
b. To 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
DC -2013-3~
Agreement 13-73-41-5553
AP.RA.RX41.73.00:n
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 RESPONSmILITIES
WS agrees:
a. To designate David E. Williams, State Director, Wildlife Service, 6135 NE 80th Avenue, Suite A-8,
Portland, Oregon (503) 326-2346 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 a determination by WS that such actions are in compliance with the National Environmental
Policy Act, Endangered Species Act, and any other applicable environmental statutes. 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
i
Iannual Work and Financial Plan as may be amended. f
e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in
the Financial Plan. 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 WS pertaining to such claims for reimbursement to the extent
permitted by Federal law and regulations.
ARTICLE 6 -WS CONDITIONS
For costs borne by 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 upon failure of Congress to so appropriate. This Agreement also may be reduced
or terminated if Congress provides APHIS funds only for a finite period under a Continuing Resolution.
ARTICLE 7 -ASSURANCES
Nothing in this agreement shall prevent any other State, agency, organization or individual from entering into
separate agreements with WS the Cooperator for the purpose of managing wildlife damage.
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Agreement 13-73-41-5553
AP.RA.RX41.73.0003
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 provides goods or services on a cost recovery basis to nonfederal recipients.
ARTICLE 10 -LIABILITY
APHIS 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).
ARTICLE 11-AGREEMENT EFFECTIVE DATE
This Agreement shall become effective on July 1,2013 and shall continue through June 30, 2018. This
agreement may be amended at any time by mutual agreement of the parties in writing. It may be terminated by
either party upon 60 days written notice to the other party. Further, in the event the Cooperator does not for any
reason reimburse expended funds, WS is relieved of the obligation to continue any operations under this
agreement.
AUTHORIZATION:
DESCHUTES COUNTY
61000 SE 27th Street
Bend, Oregon 97702
Tax Identification Number: 93-6002292
J
I
f
I
Cooperator Representative, Deschutes County Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Tax Identification Number: 41-0696271
State Director, Oregon Date
Director, Western Region Date
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