HomeMy WebLinkAboutDoc 619 - IGA - Bird Control - Knott LandfillDeschutes 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 November 9,2009
Please see directions for completing this document on the next page.
DATE: November 2, 2009.
FROM: Timm Schimke Solid Waste 317 -3177
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2009 -619, an Intergovernmental Agreement with the
United States Department of Agriculture for bird control services at Knott Landfill.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The County entered into a multi -year agreement for wildlife control services with the USDA . The
primary intent is to provide bird control services at Knott Landfill. The agreement also funds personnel
and activities for a wide variety of wildlife education and control efforts throughout the County for
problems with bear, cougar, coyotes, geese, etc.. The five -year agreement is expiring and needs to be
renewed. The document being considered will provide 5 more years of service. A work plan and
budget is developed and approved annually within the overall agreement.
FISCAL IMPLICATIONS:
This fiscal year, the cost for services was $102,000.00 Total cost for the five -year extension will be
$510,000.00, plus any annual adjustments for cost of living etc...Funds are budgeted in the current
fiscal year.
RECOMMENDATION & ACTION REQUESTED:
The agreement provides a very valuable service for the landfill. The USDA personnel are very
effective, and work well with the citizens in resolving non - landfill issues. Signature of the agreement is
recommended.
ATTENDANCE: Timm Schimke, unless a consent agenda item.
DISTRIBUTION OF DOCUMENTS:
Signed document should be returned to USDA for their signatures. Send to:
Deborah Stalman
USDA APHIS Wildlife Services
6135 NW 80th Ave., Suite A -8
Portland, OR 97218
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other 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, the Agenda Request Form is also required. If this form is not included with the document, 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 the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
October 22, 2009
Contractor /Supplier /Consultant Name:
Contractor Contact:
2346
David Williams
Type of Document: IGA .
Department:
Solid Waste
USDA Wildlife Services
Contractor Phone #:
503) 326-
Goods and /or Services: Contractor provides bird (starling) control services at Knott
Landfill including trapping and application of pesticides to control birds which can be a
health hazard as well as inflict property damage on the landfill neighbors. Contractor
also provides a significant amount of wildlife control efforts throughout the County
including education and outreach for landowners and institutions. Efforts include control
of wildlife such as bear, cougar, coyote, rock chuck, geese, starlings, beaver, etc.
Background & History: County entered into a multiyear agreement with the USDA
for these services. We establish and approve a work plan and budget each year of the
agreement. this year the amount authorized is $102,000. The document before you is
the overall 5 year agreement (as opposed to the annual workplan) which needs to be
renewed. USDA has been the sole provider of these services due to the fact that they
are the only entity licensed to use the applicable pesticides.
Agreement Starting Date:
Ending Date:
November 1, 2009 or final signature
November 1, 2014
Annual Value or Total Payment:
$102,000.00
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
10/22/2009
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
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: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Timm Schimke, Director
Phone #: 317 -3177
Department Director Approval:
Signature
Z -c/
Date
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): Ei BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but < 150K; :f
Legal Review L
Document NumberDC — 2 0 0 9 61 9
$150K, BOCC Order No.
m ( /),(1, i
1664 i s a S C64-00/- i
py�G 7e� At ceJ5
erne 1-cc
Date / 4 , - 2
a xa 10���
abfa
C4rrQ
f/00
p, , eoc( -0
10/22/2009
United States
Department of
Agriculture
Animal and
Plant Health
Inspection
Service
Wildlife
Services
Oregon State Office
6135 NE 80`" Ave.
Suite A -8
Portland, OR 97218
(503) 326 -2346
APHIS
USDA
October 15, 2009
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200
Bend, OR 97701
Dear County Commissioners,
In processing our FY 2010 Work Plan/Proposed Budget between USDA APHIS
Wildlife Services and Deschutes County we realized our Cooperative Service
Agreement with Deschutes County had reached its five year limit and must also be
renewed. Please sign all three copies of the enclosed agreement and return to our
office. A completed copy will be sent to you when all parties have signed.
If you have any questions or concerns, please give me a call at 503- 326 -2346.
Sincerely,
Deborah Stalman
Budget Analyst
Enclosures
Safeguarding American Agriculture
APHIS is an agency of USDA's Marketing and Regulatory Programs
An Equal Opportunity Provider and Employer
LEGAL COUNSEL
Agreement No: 09 -73 -41 -555: -TF
Accounting Code: 9/083 -7341 003
COOPERATIVE SERVICE AGREEMENT
TRUST FUND
between
DESCHUTES COUNTY, OREGON (COOPERATOR)
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES (WS)
ARTICLE 1- PURPOSE
Deschutes County, Oregon desires to participate with the United States Department of Agriculture, Animal & Piz nt
Health Inspection Service, Wildlife Services (WS) in a program to conduct wildlife damage management (WDM
activities to control predatory and nuisance species residing in and around Deschutes County, Oregon.
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 amende3,
and the Act of December 22, 1987 (101 Stat. 1329 -331, 7 U.S.C. 426c), for the Secretary of Agriculture to coope rate
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, agricultu:i e,
horticulture, forestry, animal husbandry, wildlife, and public health and safety.
• ARTICLE 3 - MUTUAL RESPONSIBILITIES
The Cooperator and WS agree:
a. To confer and plan a WDM program that addresses the need for managing conflicts caused by predatory ;md
nuisance species in 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 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 RESPONSIBILITIES
The Cooperator agrees:
a. To designate Deschutes County, 1300 NW Wall, Ste. 200, Bend, OR 97701,541-388-6570, as the
1
Agreement No: 09 -73 -41 -555: , -TF
Accounting Code: 9/083 - 7341.003
authorized representative who shall be responsible for collaboratively administering the activities
conducted in this Agreement;
b. To provide to WS, upon signature of this Agreement, a certified or cashier's check, personal check or
money order payable to USDA, APHIS, in accordance with the Work and Financial Plan for this
Agreement. Expenses may consist of salaries, benefits, travel, and other expenses, including overhead, as
estimated expenses for APHIS officials to perform the Agreement activities. The amount of this advance
will be subject to adjustment, as necessary, to maintain a balance to cover estimated expenses. Advant -es
in excess of actual expenditures will be rolled over or reimbursed to Cooperator upon closure of the
accounting record;
c. If funds deposited by the Cooperator are not sufficient to continue or complete the requested services
under this Agreement, Cooperator will deposit an additional sum before WS continues providing sery ces.
d. Provide a Tax Identification Number or Social Security Number in compliance with the Debt Collecti m
Improvement Act of 1996.
e. 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
WS agrees:
a. To designate David E. Williams, 6135 NE 80th Ave., Suite A8, Portland, OR 97218, 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 Ad,
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 program
delineated in the Work and Financial Plan referenced in 3.a of this Agreement.
d. To notify the Cooperator, if costs are projected to exceed the amounts estimated and agreed upon in tine
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 and additional fiords have
been deposited by the Cooperator.
e. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to ins )ect
the accounts and records of WS pertaining to such claims for reimbursement to the extent permitted b
Federal law.
ARTICLE 6 — WS CONDITIONS
For costs borne by WS, this agreement is contingent upon the passage of the Agriculture, Rural Development, at td
2
Agreement No: 09 -73 -41 -555: -TF
Accounting Code: 9/083 -7341 003
Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met and hall
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 or the Cooperator for the purpose of managing wildlife damage.
ARTICLE 8 — CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to my
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 regulatior►s.
This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). Ili
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), 2(,71-
2680).
ARTICLE 11— AGREEMENT EFFECTIVE DATE
This agreement shall become effective upon the date of final signature and shall continue for a period not to exceed 5
years. 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.
AUTHORIZATION;
Deschutes County
Bend, OR
Tax Identification Number: 93- 6002292
Tammy Baney, Chair
Deschutes County Board of
Commissioners
Representative, Deschutes County Date
UNITED STATES DEPARTMENT OF AGRICULTURE
3
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Tax Identification Number: 41- 0696271
Agreement No: 09 -73 -41 -5553 -TF
Accounting Code: 9/083-7341-003
State Director, Oregon Date
Director, Western Region Date
4