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Home My WebLink AboutUSDA Wildlife Nuisance Bird Master Plan 2016-2020Agreement No: 16 -73 -53 -634 -RA WBS Element: AP.RA.RX53.73.0317 COOPERATIVE SERVICE AGREEMENT between CITY OF PASCO (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 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, as amended (7 USC 426), and the Act of December 22, 1987 (7 USC 426c), the Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers necessary in conducting the program. Additionally, the Secretary of Agriculture, except for urban rodent control, is authorized to conduct activities to control nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases. In carrying out a program of wildlife services involving injurious and/or nuisance animal species or involving mammal and bird species that are reservoirs for zoonotic diseases, the Secretary is authorized to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions. ARTICLE 3 - MUTUAL RESPONSIBILITIES The Cooperator and APHIS -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, APHIS -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 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. as (O'G Agreement No: 16 -73 -53 -6340 -RA WBS Element: AP.RA.RX53.73.0317 ARTICLE 4 - COOPERATOR RESPONSH9ILITIES The Cooperator agrees: a. To designate Don 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 — APHIS -WS RESPONSIBILITIES APHIS -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 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; 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 performing 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. APHIS -WS will cease providing goods or services until a revision to the Work and Agreement No: 16 -73 -53 -630 -RA WBS Element: AP.RA.RX53.73.0317 Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement. 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. ARTICLE 6 — APHIS -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 -WS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress provides APHIS -WS 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 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 -WS provides goods or services on a cost recovery basis to nonfederal recipients. ARTICLE 10 — LIABILITY APHIS -WS 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). ARTICLE 11— AGREEMENT EFFECTIVE DATE This Agreement shall become effective on January 01, 2016 and shall continue through December 31, 2020. 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. Agreement No: 16-73-53-639RA WBS Element: AP.RA.RX53.73.0317 AUTHORIZATION: CITY OF PASCO Tax Identification Number: 91-6001264 Rick Terway, DirectorLAdministrative & Community Services Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number: 41-0696271 /2-3/-i5 State Dir tor, WA/AK Date � I _ �/� Dire for, Western Region Date 12