HomeMy WebLinkAboutUSDA - Wildlife Damage Management - Cooperative Service Agmt Agreement No : 11 -73 -53 -6369 -RA
Accounting Code : 173 -7353 -317
COOPERATIVE SERVICE AGREEMENT
between
CITY OF PASCO (COOPERATOR)
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES (WS)
ARTICLE 1 — PURPOSE
The purpose of this Agreement is to conduct wildlife damage management (WDM) activities to control various
nuisance bird species in the City of Pasco in order to reduce 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 RESPONSIBILITIES
The Cooperator and WS agree :
a. To confer and plan a WDM program that addresses the need for managing conflicts caused by nuisance
birds in Pasco , WA . Based on this consultation, WS will forinulate 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 .
Agreement No : 11 -73 -53 -6369 -RA
Accounting Code : 173 -7353 -317
ARTICLE 4 - COOPERATOR RESPONSIBILITIES
The Cooperator agrees :
a . To designate Dan Dotta, City of Pasco , PO Box 293 , Pasco, WA 99301 (509) 543 -5757 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 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 RESPONSIBILITIES
WS agrees :
a. To designate WS State Director Roger A . Woodruff, 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 dainage 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 perfonning WDM activities as authorized in the approved
annual Work and Financial Plan as may be amended.
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 .
Agreement No : 11 -73 -53 -6369 -RA
Accounting Code : 173 -7353 -317
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 laws 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 (mite 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 S — 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 . 6 ') 03 ) , 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) .
Agreement No : 11 -73 -53 -6369 -RA
Accounting Code : 173 -7353 -317
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. 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 :
CITY OF PASCO
Tax Identification Number: 91 -6001264
Rick Terway, Director Admire t tive & Community Services Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Tax Identification Number: 41 -0696271
/ —31
State Dire or, WA/AK Date
Director, YAYerW Re& Date