HomeMy WebLinkAboutRES 594 Draft 01 2024-2026 •
COUNTY OF HAWAI`I `'''& STATE OF HAWAII
. '1tF GF•N,i ''
RESOLUTION NO. 594 26
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATIVE
SERVICE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
AGRICULTURE,ANIMAL AND PLANT HEALTH INSPECTION SERVICE,
WILDLIFE SERVICES,RELATING TO A WILDLIFE DAMAGE MANAGEMENT
PROGRAMFOR THE HILO SOLID WASTE AND WASTEWATER TREATMENT
FACILITIES.
WHEREAS, Section 46-7 of the Hawai`i Revised Statutes requires consent of the
Council in order for the County to enter into an agreement with the federal government or any
other public body respecting action to be taken pursuant to any of the powers granted by law and
furnish, expend, and receive any funds or other assistance in connection with projects being or to
be undertaken pursuant to those powers; and
WHEREAS, Section 46-1.5 of the Hawai`i Revised Statutes grants the County the power
to remove public nuisances, and to protect health, life,and property; and
WHEREAS,the Department of Environmental Management(hereinafter,the
"Department")wishes to enter into a cooperative service agreement with the United States
Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife Services
(hereinafter, "APHIS-WS"), a copy of which is attached hereto and incorporated herein as
"Exhibit A"; and •
WHEREAS,APHIS-WS identified the presence of hazardous wildlife impacting the
operations at the Hilo Solid Waste Facility in the following ways:
1. Feral swine are rooting and foraging in waste;
2. Feral swine, cats, and rats are potentially spreading zoonotic diseases; and
3. Birds are defecating on equipment and personnel; and
WHEREAS,APHIS-WS proposes to provide one full-time Wildlife Specialist with
supervisory oversight to conduct an integrated wildlife damage management program
(hereinafter,the"Program") at Hilo Solid Waste and Wastewater Treatment facilities;and
WHEREAS,the Program's major goals are to reduce damage to the Hilo Solid Waste
and Wastewater.Treatment facilities caused by feral swine, chickens, cats,rats, cattle egrets,
pigeons, and myna birds; and
WHEREAS,the Program's operations shall include the trapping,removal, and
coordinated disposal of feral swine; and
WHEREAS,the Department estimates the annual cost of this agreement to be$111,845;
and •, - -
•
•
WHEREAS,the Program shall have an initial term of one year from July 1,2026,
through June 30,2027,with the option to procure additional services as needed for a maximum
total of five years; and
WHEREAS, all operations shall have joint concurrence between APHIS-WS and the
Department's Solid Waste Division, and shall be wider the direct supervision of APHIS-WS,
who will conduct the program in accordance with its established operating policies and all
applicable state and federal laws and regulations;now,therefore,
BE IT RESOLVED BY THE COUNCIL OF TH H; COUNTY OF HAWAI`I that,
pursuant to Section 46-7 of the Hawai`i Revised Statutes,the Mayor is hereby authorized to enter
into an intergovernmental agreement with the United States Department of Agriculture Animal
and Plant Health Inspection Service Wildlife Services as specified in"Exhibit A".
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable C.Kimo Alameda,Mayor of the County of Hawai`i;Daniel Girvan,
Director of Environmental Management; and Diana M.Mellon-Lacey,Deputy Corporation
Counsel. •
Dated at ,Hawai`i,this , • day of ,20
•
INTRODUCED BY:
C CIL ME , COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo,Hawaii GALIMBA
H(JSTACE
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA
County of Hawaii on .
KANEALI`I-KLEINFELDER
KIERKIEWICZ
A'I'1'F ST: KIMBALL
ONISHr
VILLEGAS
Reference: C-944/GOEAC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTIONNO. 594 26
11 III I��II_I i Ii
2 LRB 25 178 ID-
EXHIBIT A
C&C Solid Waste WFP 26-73-15-7628-RA
AP.RA.RX15.73.0149
WORK/FINANCIAL PLAN
between
COUNTY OF HAWAII-SOLID WASTE DIVISION
and
U.S.DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
COOPERATOR ADDRESS County of Hawaii—Solid Waste Division
345 Kekuanao'a Street, Suite 41
Hilo,Hi 96720
COOPERATIVE CONTACT Mike Rivera, Solid Waste Division Chief
Phone: 808-961-8515
Cell: 808-494-8113
Email:Michael.Rivera@hawaiicounty.gov
FEDERAL TAX IDENTIFICATION 99-6000567
NUMBER
WORK FINANICAL PLAN
NUMBER 26-73-15-7628-RA
WORK BREAKDOWN Ap.RA.RX15.73.0149
STRUCTURE
LOCATION Hilo Solid Waste
Wastewater Treatment Facilities
AGREEMENT PERIOD July 1,2026 to June 30,2027
Pursuant to Reimbursable Agreement Nor 26-73-15-7628-RA between the United States
Department of Agriculture,Animal and Plant Health Inspection Service, Wildlife
Services (WS-Hawai'i)and the County of Hawaii—Solid Waste Division this
Work/Financial Plan defines the objectives,plan of action,and budget for the Wildlife
Services program to be conducted spanning Federal Fiscal Years 2026 and 2027.
I. OBJECTIVES/GOALS
•
The major goal of the Work/Financial Plan is to reduce damage caused by feral swine,
feral chickens,feral cats,rats, cattle egrets,pigeons, and myna birds. Feral swine are
causing damage to property,posing health and safety risks,and interfering with
operations at the Hilo Solid Waste Facility by rooting,foraging in waste and potentially
spreading diseases. Feral cats and rats are also vectors for various zoonotic diseases.
Various avian species are defecating on equipment and personnel and posing a hazard to
nearby flight operations.
1
C&C Solid Waste WFP 26-73-15-7628-RA
AP.RA.RX15.73.0149
II.PLAN OF ACTION
WS-Hawai i will provide one(1)full-time Wildlife Specialist with supervisory oversight
to conduct integrated wildlife damage management operations at Hilo Solid Waste and
Wastewater Treatment facilities. WS-Hawai'i will conduct trapping,removal, and
coordinated disposal of feral swine using approved methods such as corral=traps,
surveillance cameras, shooting and other integrated wildlife damage management
techniques as deemed necessary by WS-Hawai'i. WS-Hawai'i will coordinate with
necessary authorities for required permits and will communicate closely with the
cooperator regarding operations.
III.REPORTS
WS-Hawai'i will be responsible for the preparation of a final report as specified in the
Cooperative Service Agreement.
IV. STIPULATIONS AND RESTRICTIONS
a. All operations shall have the joint concurrence of WS-Hawai'i and the County of
Hawaii—Solid Waste Division and shall be under the direct supervision of WS-
Hawai'i. WS-Hawai'i will conduct the program in accordance with its
established operating policies and all applicable state and federal laws and
regulations.
b. Wildlife Damage Management:A Work Initiation Document for Wildlife
Damage Management(WS Form 12A)will be executed between WS-Hawai'i and
the landowner,lessee, administrator before any WS-Hawai:i work is conducted.
c. The County of Hawaii—Solid Waste Division agrees that it is responsible for
compliance with the National Environmental Policy Act(NEPA), the Endangered
Species Act(ESA), and other environmental compliance laws for the specific
projects and actions it requests WS-Hawai'i to perform for it under this
agreement.
d. WS-Hawai'i will use only WS-Hawai'i employees. All WS-Hawai'i employees
have successfully met APHIS firearm safety standards and have received official
National Rifle Association certifications. Certificates are available upon request.
e. The program will be overseen by Jordan Linnell,District Supervisor, 808-752-
5667,and monitored by Darrin Phelps, State Director, 808-674-5030.
2
C&C Solid Waste WFP 26-73-15-7628-RA
Al?.RA.RX15.73.0149
V. COST ESTIMATE FOR SERVICES
WS shall submit quarterly bills for actual costs incurred by WS for performance of work as
delineated in the Work Plan,not to exceed$111,845.00. Such costs may include,but are
not limited to, salaries/benefits,travel,vehicle Maintenance and fuel, other services,
supplies and materials, equipment,Pooled Job Costs and APHIS overhead. An estimated
itemization of expenses are listed below,however,funds may be distributed between
itemized categories as needed.
Category of Expenses Cost
Salary/Benefits(1.23 FTE including $74,163
Supervisory Oversight)
Vehicle Maintenance and Fuel 5,000
Other Services 3,800
Supplies and Materials 3,000
Equipment 2,000
Pooled Job Costs 9,676
APHIS Overhead 14,206
TOTAL $111,845
NOTES:
In accordance with the Debt Collection Improvement Act(DCIA) of 1996,bills issued by
WS are due and payable within 30 days of receipt. The DCIA requires that all debts
older than 120 days be forwarded to debt collection centers or commercial.collection
agencies for more aggressive action. Debtors have the option to verify, challenge and
compromise claims, and have access to administrative appeals procedures which are both
reasonable and protect the interests of the United States.
Financial Point of Contact/Billing Address:
Cooperator Name,Address,Phone Number, APHIS-WS State Office Name,Address.Phone
Email Number,Email
Michael Rivera Charis Santos
345 Kekuanao'a Street, Suite 41 91-329 Kauhi Street, Suite 100
Hilo,HI 96720 Kapolei,HI 96707
808-494-8113 808-674-5001
MichaeLRivera@hawaiicounty.gov Charis.n.santos(ab,usda.gov
3
C&C Solid Waste WFP 26-73-15-7628-RA
AP.RA.RX15.73.0149
VI.AUTHORIZATION
Michael Rivera
County of Hawaii, Solid Waste Division
345 Kekuanao'a Street, Suite 41
Hilo,Hawai.i 96720
Michael Rivera, Solid Waste Division Chief Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Digitally
DARRIN PHELPS PHELPS signed by DARRIN
Date: 2026.05.20 13:45:54 -10'00'
Darrin M.Phelps, State Director Date
WS—Hawai'i
Wendy Anderson,Regional Director Date
WS—Western Region
4
(7/2019 version)
WS Agreement Number:26 73-15-7628-RA
WBS:AP.RA.RX15.73.0149
[optional]Cooperator PO:
COOPERATIVE SERVICE AGREEMENT
between
COUNTY OF HAWAII-SOLID WASTE DIVISION
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 cooperate in a wildlife damage
management program as described in the attached Work Plan. This includes reducing or
eliminating damage to private property,roads,and threats to human health and safety caused by
hazardous wildlife.
•
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.
ARTICLE 4-COOPERATOR RESPONSIBILITIES
Cooperator agrees:
To designate the following as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this agreement;
Michael Rivera
County of Hawaii—Solid Waste Division
345 Kekuanaoa St., Suite 41
Hilo,HI 96720
Phone Number: 808-494-8113
Email: Michael.Rivera@hawaiicounty.gov
1. 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.
2. 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.
3. To provide a Tax Identification Number or Social Security Number in compliance with
the Debt Collection Improvement Act of 1996.
4. 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.
5. 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.
6. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APHIS-WS activities and supervision of APHIS-WS personnel.
2
•
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.
Darrin M.Phelps
USDAAPHHS Wildlife Services—Hawaii
91-329 Kauhi Street Suite 100
Kapolei,Hawaii 96706
Phone Number: 808-674-5030
Email:Darrin.m.phelps@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 quarterly 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
inspedt the accounts and records of APHIS-WS pertaining to such claims for
reimbursement to the extent permitted by Federal law and regulations.
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.
3
•
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 July 1,2026 and shall continue through June 30,2031
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.
4
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.: 99-6000567
APHIS-WS's Tax ID:41-0696271
Cooperator:
Michael Rivera, Solid Wast Division Chief Date
County of Hawaii. Solid.Waste Division
345 Kekuanao'a Street, Suite 41
Hilo,HI 96720
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
DigitaDARRIN PHELPS PHELIPS signedly by DARRIN
Date: 2026.05.26 15:05:03 -10'00'
Darin M.Phelps, State Director Date
WS—Hawai i
Wendy Anderson,Regional Director Date
WS—Western Region
5