Loading...
HomeMy WebLinkAboutAgreements/Contracts - Public Works/ Z- GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS REQUEST SUBMITTED BY: Victoria Seim CONTACT PERSON ATTENDING ROUNDTABLE: John Brissey CONFIDENTIAL INFORMATION: ❑YES *NO DATE:12.31.2025 PHONE: 509-754-6082 f : A . A ©Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances El Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations -D,Request for Purchase ❑ Resolution El Recommendation El Professional Serv/Consultant []Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Agreement No. 26-7353-5972-RA between the Ephrata Landfill & the United States Department of Agriculture -Animal & Plant Health Inspection Service -Wildlife Services, to conduct wildlife damage management activities to reduce property damage & threats to human health & safety, set forth in the attached Work Plan, from 01.01.2026-12.31.2026 & not to exceed the budget of $20,000.00. Signatures needed on page 5 of the Agreement & page 4 of the Work Plan. E/yam: If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? *1 YES ❑ NO ❑ N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D3: DEFERRED OR CONTINUED TO: Nq1fZ9­9T:7TAVW"6, 4/23/24 WS Agreement Number: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Cooperator PO: COOPERATIVE SERVICE AGREEMENT between EPHRATA LANDFILL —GRANT COUNTY PUBLIC WORKS DEPARTMENT 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 for USDA-APHIS-WS to conduct wildlife damage management (WDM) activities for Ephrata Landfill —Grant County Public Works Department in order to reduce property damage and threats to human health and safety caused by nuisance mammals and bird species. APHIS-WS and Ephrata Landfill —Grant County Public Works Department are collectively referred to as cooperating parties 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 (VVDM) 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. WS Agreement Number: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Cooperator PO: 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; JASON COLLINGS, SOLID WASTE OPERATIONS MANAGER EPHRATA LANDFILL 124 ENTERPRISE STREET SE EPHRATA, WA 98823 (509) 754-4319 j Collings @grantcountywa. 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. 2 WS Agreement Number: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Cooperator PO: 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. 9. 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. Brook Zscheile, Acting State Director, Washington 720 O'Leary Street NW Olympia, WA 98502 360-753-9884 brook. zscheile(&,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 monthly 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. WS Agreement Number: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Cooperator PO: 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 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. CI WS Agreement Number: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Cooperator PO: ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on January 1, 2026 and shall continue through December 311 2030 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.: 91-6001319 APHIS-WS's Tax ID: 41-0696271 Approval for Grant County Commissioner's Office & Grant County Public Works - Ephrata Landfill: d r )11,0000 Kevin R. Bur egs, Chair Grant County Commissioner's Office Rob J ne i -Chair Grant County Commissioner's Office G Cindy Cart ,Member Grant County Commissioner's Office Andy Booth, Director Grant County Public Works 124 Enterprise St. S.E., Ephrata, WA 98823 5 / ' 64:�,' 2D ?-tom Date /- 6-2� Date . / - (e -- olp a-ze Date Date WS Agreement Number: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Cooperator PO: UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Brook Zscheile, Acting State Director, Washington Date USDA, APHIS, WS 720 O'Leary Street NW, Olympia, WA 98502 Wendy Anderson, Director, Western Region Date USDA., APHIS, WS 2150 Centre Ave., Bldg. B, Mailstop 3W9, Ft. Collins, CO 80526 Prepared by (APHIS-WS employee): Steven Wade Carlson 0 WORK PLANXINANCIAL PLAN Cooperator: Ephrata Landfill — Grant County Public Works Dept. Contact: Jason Collings, (509) 754-6082, jcollings@grantcountywa.gov Cooperative Service Agreement No.: 26-7353-5972-RA WBS Element: AP.RA.RX5373.0094 Location: Ephrata, WA Dates: January 1, 2026 — December 31, 2026 In accordance with the Cooperative Service Agreement 26-7353-5972-RA (2026 signature year) between Grant County Public Works Dept. -Ephrata Landfill 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 January 1, 2026 —December 31, 2026. Program Objective The program objective is to provide assistance to Ephrata Landfill when they experience conflicts with wildlife. This assistance may be in the form of technical information (habitat management or exclusion) or direct control (repulsion or selective removal). Overall, the objectives of wildlife damage management are to: • Reduce wildlife damage to a tolerable level, • Use methods that are low risk for people, non -target animals, and the environment, • Implement habitat modifications, exclusion, and/or direct control diligently and economically, • Use humane and ethical methods when capturing and/or removing wildlife. Concerns exist with Ephrata Landfill regarding wildlife that may negatively impact the health and safety of landfill employees and users, in addition to causing property damage to adjacent landowners. The specific goal is to conduct a wildlife damage management program to protect buildings, equipment, and human health and safety. This will be accomplished primarily by reducing the presence of collared doves, gulls, pigeon, ravens, and starlings. Plan of Action The objectives and goals of the wildlife damage management activities will be accomplished in the following manner: 1. WS will assign Wildlife Specialist(s) on an intermittent basis up to 520 hours for the duration of this Work Plan. WS will provide the Wildlife Specialist(s) with a vehicle and the basic APHIS Agreement No.: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 supplies and equipment. Ephrata Landfill understands additional supplies and equipment may need to be purchased under this agreement to replace consumed, damaged or lost supplies/equipment or for specialized situations. Any items not consumed by the end of the agreement will remain in the possession of WS. 2. WS personnel will utilize a systematic approach to decision making referred to as the WS Decision Model (WS, Directive 2.201). Specialists assess the problem, evaluate management methods, formulate management strategy, provide assistance, and monitor and evaluate results. 3. When formulating a strategy and providing assistance, WS Specialists follow an Integrated Wildlife Damage Management Approach (IWDM) (WS Directive 2.105). The IWDM encompasses the integration and application of all approved methods of prevention and management to reduce wildlife damage. The selection of wildlife damage management methods and their application will consider the species causing damage, the magnitude, geographic extent, duration, frequency, and likelihood of recurring damage. 4. The techniques and methods may include, but are not limited to, the use of cage traps, EPA - registered toxicants, firearms, pyrotechnics, providing information on exclusion systems, and identifying long-term habitat modifications. All activities will be planned and coordinated with the Ephrata Landfill point of contact. 5. Work hours associated with these projects include, but are not limited to, direct control activities, providing technical assistance, mandatory training, annual leave, sick leave, travel to and from official duty station, administrative duties, and WS District office support.WS will provide District office support to maximize effort from the field specialists. District support includes, but is not limited to, time sheets, payroll, scheduling, supply procurement, data management, obtaining necessary permits, permit reporting, permit renewals and. personnel management. 6. 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 regulations and applicable State and local laws and regulations. 7. Wade Carlson, Northeast District Supervisor, Moses Lake, (509) 765-7962, will supervise this project. It will be monitored by Brook Zscheile, Acting State Director, Olympia, WA, (360) 753-9884. The financial point of contact for this Work Plan/Financial Plan is Michelle Rodriguez, Budget Analyst, (360) 742-5496. 8. Grant County Public Works Dept.- Ephrata Landfill will be billed quarterly by WS only for expenses incurred plus overhead and pooled job costs (combined on the bill as program support). Salaries and benefits are defined as compensation for all hours worked, benefits, differentials, hazardous duty allowances, annual leave, sick leave and award. Page - 2 APHIS Agreement No.: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Mailing Address: Billing Address: Grant County Department of Public Works Same as Mailing Address Ephrata Landfill Financial POC: Racheal Davis (509) 754-6082 124 Enterprise Street 5E rdavis@grantcountywa.gov Ephrata, WA 98823 Tax ID# 91-6001319 FINANCIAL PLAN For the disbursement of funds from Grant County Public Works Department - Ephrata Landfill to USDA APHIS Wildlife Services for Wildlife Damage Management on the Landfill for Human Health and Safety Purposes from 1/1/2026 to 12/31/2026 Cost Element Full Cost Personnel Compensation $12,961.60 Travel $0.00 Vehicles $2308.00 Other Services $0.00 Supplies and Materials $659.85 Equipment $0.00 Subtotal Direct Charges) $15,729.45 Pooled Job Costs 11.00% $1,730.24 Indirect Costs 16.15% $2,540.31 Agreement Total $2000.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $20,000.00 Page - 3 APHIS Agreement No.: 26-7353-5972-RA WBS: AP.RA.RX53.73.0094 Approval for Grant County Commissioner's Office & Grant County Public Works - Ephrata Landfill: Kevin R. Burge ,' Chair Grant County Commissioner's Office Rob J,Vice-Chair Grant County Commissioner's Office Ar Cindy Cart- r, Member Grant County Commissioner's Office Andy Booth, Director Grant County Public Works 124 Enterprise St. S.E., Ephrata, WA 98823 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Brook Zscheile, Acting State Director, Washington Wendy Anderson, Director, Western Region / -- Date Date /—�— zouo Date Date Date Date Page - 4