HomeMy WebLinkAboutR-2013-134 Air Terminal Rodent Control Agreement with USDA RESOLUTION NO. R- 2013 -134
A RESOLUTION authorizing the City manager to execute and administer a
Cooperative Service Agreement between United States Department
of Agriculture (USDA) and City of Yakima for control of rodents and
rodent damage at Yakima Air Terminal facilities
WHEREAS, the City of Yakima (City) owns and operates the Yakima Air Terminal
and related facilities in accordance with applicable federal, state and local regulations; and
WHEREAS, pocket gophers have been found burrowing upon and within the
airport runway safety areas, thereby creating a potential safety hazard to airport
operations; and
WHEREAS, the United States Department of Agriculture (USDA), by and through
the Animal and Plant Health and Inspection Service (APHIS) and Wildlife Services (WS)
divisions, has the expertise and ability to control pocket gopher population and damages
caused by such gophers; and
WHEREAS, the City and USDA have negotiated a Cooperative Service
Agreement for the provision of such services from September 23, 2013 through
September 30, 2014, at a cost not to exceed $29,639.00; and
WHEREAS, the City Council finds and determines that approval of such
Cooperative Service Agreement is in the best interests of resident of the City of Yakima
and will promote the general health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the Cooperative
Service Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference, by and between the City of Yakima and the United States
Department of Agriculture; now therefore
ADOPTED BY THE CITY COUNCIL this 15 day of October, 2013.
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ATTEST: _...... \\ Micah awle /Mayor
' • JNINS� %
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City Clerk I a :I5 I i
Agreement No: 13- 73 -53- 6616 -RA
WBS Element: AP.RA.RX53.73.0392
FMMI Shorthand Code: 3XWSWR5353REIMBUR53730392
COOPERATIVE SERVICE AGREEMENT
between
YAKIMA AIR TERMINAL (COOPERATOR)
and
UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1— PURPOSE
The purpose of this Agreement is to conduct wildlife damage management (WDM) activities to reduce wildlife
hazards at the Yakima Air Terminal to reduce human health and safety threats and property damage.
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 RESPONSIBILITIES
The Cooperator and WS agree:
a. To confer and plan a WDM program that addresses the need for reducing wildlife hazards at the Yakima
Air Terminal, Yakima, WA. Based on this consultation, WS will formulate annually, in writmg, 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. Before either of the Cooperating parties address the media or incorporate information into reports and/or
publications, both Cooperating parties must agree, m writmg, 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.
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Agreement No: 13- 73 -53- 6616 -RA
WBS Element: AP.RA.RX53.73.0392
FMMI Shorthand Code: 3XWSWR5353RE1MBUR53730392
ARTICLE 4 - COOPERATOR RESPONSIBILITIES
The Cooperator agrees:
a. To designate Rob Peterson, Airport Manager, 2406 W. Washington Avenue, Suite B, Yakima, WA
98903 (509) 575 -6149 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
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 delmquent in paying the full amount of
the due service costs submitted by APHIS -WS, and/or is delmquent 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 remstate or provide the respective service until all due
service costs, and /or due late payments, and/or due mterest, 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 RESPONSIBILITIES
WS agrees:
a. To designate Roger A. Woodruff, WA/AK State Director, 720 O'Leary Street NW, Olympia, WA
98502, 360 - 753 -9884 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 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 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 m 3.a of this Agreement.
d. To bill the Cooperator for costs incurred m performing WDM activities as authorized in the approved
annual Work and Financial Plan as may be amended.
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Agreement No: 13- 73 -53- 6616 -RA
WBS Element: AP.RA.RX53 73.0392
FMMI Shorthand Code: 3XWSWR5353REIMBUR53730392
e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the
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 to this Agreement.
f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to
inspect the accounts and records of APHIS -WS pertainmg to such claims for reimbursement to the
extent permitted by Federal laws and regulations.
ARTICLE 6 — WS CONDITIONS
For costs borne by APHIS -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 APHIS -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
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).
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Agreement No: 13- 73 -53- 6616 -RA
WBS Element: AP.RA.RX53.73.0392
FMMI Shorthand Code: 3XWSWR5353REIMBUR53730392
ARTICLE 11— AGREEMENT EFFECTIVE DATE
This Agreement shall become effective upon the date of final signature and shall continue through September 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, APHIS -WS is relieved of the obligation to continue any
operations under this agreement.
AUTHORIZATION:
YAKIMA AIR TERMINAL
Tax Identification Number: 9 -600129.
•
( (3
Ton" • ourke, Ci Manager
144
, Date
Attest % ' ' SE AL P ; City Contract No/3
(1V-9tt�f C - *Clerk Resolution No: /‘&--• 13�-
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UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Tax Identification Number: 41- 0696271
D�
State D' c . r, WA/AK � Date
Director, Western Region Date
4
WORK PLAN / FINANCIAL PLAN
Cooperator: Yakima Air Terminal
Contact: Rob Peterson, Airport Manager 509 -575 -6149
Cooperative Service Agreement No.: 13- 73 -53- 6616 -RA
WBS Element: AP.RA.RX53.73.0392
FMMI Shorthand Code: 3XWSWR5353REIMBUR53730392
Location: Yakima, WA
Dates: September 23, 2013- September 30, 2014
In accordance with the Cooperative Service Agreement between the Yakima Air Terminal
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 the wildlife control activities for the period of
September 23, 2013, through September 30, 2014.
Program Objective /Goal
The program objective is to provide assistance to Yakima Air Terminal with reducing
wildlife hazards at the airport. This assistance may be in the form of educational information
or when direct control is necessary, the most effective and safe tools and techniques available
will be utilized.
The specific goal is to conduct a program to reduce damages caused by pocket gophers
burrowing on the airport property.
Plan of Action
The objective of the wildlife control activities will be accomplished in the following manner:
1. APHIS -WS will assign one Wildlife Specialist on an intermittent basis (not to
exceed 760 hours) and will also provide a vehicle, field supplies, and equipment.
2. Damage management will be accomplished primarily with the use of,an EPA
registered rodenticide (strychnine) applied to various approved mediums to reduce
the population of the target species.
3 Efforts will focus on the runway safety areas, but may require treating properties
outside the airfield fence to reduce external populations that would otherwise
quickly re- infest the airfield. Yakima Airport will fund, all gopher removal
conducted on adjacent private lands and serve as the lead for acquiring permission to
conduct such gopher removal on adjacent private lands, as needed.
4. Chad Heuser, the District Supervisor in the APHIS -WS District Office in Moses
Lake, WA (509) 765 -7962, will supervise this project. It will be monitored by
Roger Woodruff, State Director, Olympia, WA (360) 753 -9884.
5. APHIS -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, and applicable State, and local laws and
regulations.
6. Yakima Air Terminal will be billed by APHIS -WS only for the services rendered,
not to exceed $29,639. The financial point of contact for this Work Plan/Financial
Plan is Roberta Bushman, Administrative Officer, who can be reached at 360 -753-
9884.
BUDGET
Listed below are the costs of the wildlife damage management program outlined above:
Salary & Benefits $ 18,518
Supplies & Toxicants 2,500
Vehicle Fuel 4,250
Subtotal $25,518
APHIS Overhead (16.15 %) 4,121
TOTAL $29,639
Yakima Air Terminal
2406 W. " ashington • - Su' = B
Yakima \' A 98903
L.....�/ 1D(1401c')
Tony •Rourke, i y onager Date
' UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
/7a-2.41/1 9-3d -/3
State Mt ctor, WA /AK Date
S '‘ 1\4 \>IA\ 1) - kZ‘,1-1.
Western Regional Director Date
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT � �
Item No.
For Meeting of: 10/15/2013
ITEM TITLE: Resolution authorizing a Cooperative Service Agreement
between the USDA and the City for Wildlife Services.
SUBMITTED BY: Robert K. Peterson, Airport Manager
509 - 575 -6149
SUMMARY EXPLANATION:
The Yakima Air Terminal is a primary commercial service airport which receives regularly
scheduled and unscheduled airline operations which requires the airport to uphold specific
safety regulations governed by the Federal Aviation Administration. During previous FAA
inspections it's been noted gophers continue to burrow and create mounds of dirt adjacent to
the Runways and Taxiways. Due to this activity it poses a variety of safety concerns which
include:
• Attracting other wildlife species (Hawks) which pose a wildlife hazard to aircraft operating
in and out of the airport
• Undermining tunnels below pavement surfaces which reduces pavement strength
• Producing a network of tunnels under the surface of the Runway and Taxiway Safety
Areas causing uneven areas of ground
• Damaging electrical airfield lighting components to find sources of heat during winter
months
• Developing mounds or piles of dirt adjacent to the Runway and Taxiway surfaces which
are required to remain level or flat to accommodate any aircraft deviations from paved
surface
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: September 23, 2013 End Date: September 30, 2014
Item Budgeted: Yes Amount: $30,000
Funding Source /Fiscal Impact: Funding will come from airport's Operations and
Ma budget.
Strategic Priority: NA
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
City Manager
SUBMITTAL:
RECOMMENDATION:
Airport staff recommends the City Council approve the Cooperative Service Agreement to
ensure the airport provides a safe environment for all aircraft operations.
ATTACHMENTS:
Description Upload Date Type
El Resolution 9/27/2013 Resolution
El Cooperative Services Agreement 9/27/2013 Contract
El Work Load Plan 9/27/2013 Contract
WORK PLAN / FINANCIAL PLAN
AMENDMENT #1
Cooperator: Yakima Air Terminal
Contact: Rob Peterson, Airport Manager 509 - 575 -6149
Cooperative Service Agreement No.: 13 - 73 - 6616 -
WBS Element: AP.RA.RX53.73.0392
FMMI Shorthand Code: 3XWSWR5353REIMBUR53730392
Location: Yakima, WA
Dates: October 1, 2014 - September 31, 2015 (Amended)
(Original Start Date: September 23, 2013)
In accordance with the Cooperative Service Agreement between the Yakima Air Terminal
and the United States Department of Agriculture (USDA), Animal and Plant Health
Inspection Service (APHIS), Wildlife Services (WS), this Amendment covers the period of
October 1, 2014, through September 31, 2015 which extends the end date of the original
•
Work Plan/Financial Plan from September 30, 2014 to September 30, 2015. It also further
details the Program Objective /Goal. There are no changes to the Plan of Action or the
Budget.
Program Objective /Goal (Amended)
The program objective is to provide assistance to Yakima Air Terminal with reducing
wildlife hazards at the airport. This assistance may be in the form of educational information
or when direct control is necessary, the most effective and safe tools and techniques available
will be utilized.
The specific goal of this program is: (1) From September 23, 2013 — September 30, 2014 to
reduce the pocket gopher population as much as possible in an effort to reduce damages
caused by pocket gophers burrowing on the airport property. (2) From October 1, 2014 —
September 30, 2015 to work with airport employees to further reduce the pocket gopher
population to a level in which the airport employees can manage the population on their own.
Plan of Action (No changes)
BUDGET
Listed below are the costs of the wildlife damage management program outlined above:
Salary & Benefits $15,121.77
Supplies & Toxicants 1,893.09
Vehicle Fuel 3,700.00
Subtotal $20,714.86
APHIS Overhead (16.15 %) 3,345.33
TOTAL $24,060.19
Yakima Air Termin.
2406 W. Washingto Aven =, ui B
Y. in a, WA 98903
)(-(-
Tony 1 1'Rour e, City Manager Date
UNITED STA S DEPARTMENT OF AGRICULTURE
ANIMAL AN 6. PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
State D ector WA/A
K Date
Western R tonal irector Date
CITY CONTRACT NO' O" O /3 "0 ` 1 hl/o' uol a P
RESOLUTION N0:
WORK PLAN / FINANCIAL PLAN
AMENDMENT #2
Cooperator: Yakima Air Terminal
Contact: Rob Peterson, Airport Manager 509 -575 -6149
Cooperative Service Agreement No.: 13 - 73 - 6616 -
WBS Element: AP.RA.RX53.73.0392
FMMI Shorthand Code: 3XWSWR5353REIMBUR53730392
Location: Yakima, WA
Dates: October 1, 2015 - September 31, 2016 (Amended)
(Original Start Date: September 23, 2013)
In accordance with the Cooperative Service Agreement between the Yakima Air Terminal
and the United States Department of Agriculture (USDA), Animal and Plant Health
Inspection Service (APHIS), Wildlife Services (WS), this Amendment covers the period of
October 1, 2015, through September 31, 2016 which extends the end date of the original
Work Plan/Financial Plan from September 30, 2015 to September 30, 2016. It also further
details the Program Objective /Goal. There are no changes to the Program Objective /Goal,
the Plan of Action or the Budget.
Program Objective /Goal (Amended)
The program objective is to provide assistance to Yakima Air Terminal with reducing
wildlife hazards at the airport. This assistance may be in the form of educational information
or when direct control is necessary, the most effective and safe tools and techniques available
will be utilized.
The specific goal of this program is: (1) From September 23, 2013 — September 30, 2014 to
reduce the pocket gopher population as much as possible in an effort to reduce damages
caused by pocket gophers burrowing on the airport property. (2) From October 1, 2014 —
September 30, 2015 to work with airport employees to further reduce the pocket gopher
population to a level in which the airport employees can manage the population on their
own. (3) From October 1, 2015 — September 30, 2016 to work with airport employees to
further reduce the pocket gopher population to a level in which the airport employees can
manage the population on their own.
Plan of Action (No changes)
BUDGET
Listed below are the costs of the wildlife damage management program outlined above:
Salary & Benefits $14,136.99
Supplies & Toxicants 1,802.09
Vehicle Fuel 3.425.00
Subtotal $19,364.08
APHIS Overhead (16.15 %) 3,127.20
TOTAL $22,491.28
Yakima Air Terminal
2406 W. W..hington Ave , e, Suite :
Yakima,jA 98903
To 0' P ourke, ity Manager Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
'I /9 Iii
State ector, WA/AK Date
SLL 1/0/6-
estern Regional Director Date
CITY CONTRACT NO:, D / 3 - 2 o3 "me/11m ea/t
RESOLUTION NO: _ - _1