HomeMy WebLinkAboutUSDA agreement 2023 - 5/15/2023For APHIS Use Only
WS-ER (6/20) Dates: 6/1/23-6/30/24 Agrmnt Total: $30,000.00 APHIS Agreement No.: 23-7219-8183-RA
Customer #: 0003117961 Period: 23XX WBS: AP.RA.RX19.72.8183
COOPERATIVE SERVICE AGREEMENT
between
CITY OF WATERLOO
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1
The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management
project as described in the attached Work Plan.
ARTICLE 2
APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 USCA 8351-7
USCA 8352) as amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 USCA 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 andlor a nuisance to, among other
things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety.
ARTICLE 3
APHIS WS and City of Waterloo mutually agree:
1, The parties' authorized representatives who shall be responsible for carrying out the provisions of
this Agreement shall be:
CITY OF WATERLOO: Todd Derifield, Assistant Director
1101 Campbell Avenue
Waterloo, IA 50701
APHIS WS: Travis Guerrant, State Director
USDA, APHIS, WS
1714 Commerce Court, Suite C
Columbia, Missouri 65202
2. To meet as determined necessary by either party to discuss mutual program interests,
accomplishments, needs, technology, and procedures to maintain or amend the Work Plan
(Attachment A). Personnel authorized to attend meetings under this Agreement shall be Todd
Derifield or his/her designee, the State Director or his/her designee, and/or those additional
persons authorized and approved by Todd Derifield and the State Director.
3. APHIS WS shall perform services more fully 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.
ARTICLE 4
City of Waterloo agrees:
I. To authorize APHIS WS to conduct direct control activities to reduce human health and safety
risks and property damage associated with wild animals and birds. These activities are defined
in the Work Plan. APHIS WS will be considered an invitee on the lands controlled by City of
Waterloo. City of Waterloo 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 of services provided under this Agreement up to but not
exceeding the amount specified in the Financial Plan (Attachment 13). City of Waterloo will
begin processing for payment invoices submitted by APHIS WS within 30 days of receipt. City
of Waterloo ensures and certifies that it is not currently debarred or suspended and is free of
delinquent Federal debt.
3. To designate to APHIS WS the City of Waterloo authorized individual whose responsibility
shall be the coordination and administration of activities conducted pursuant to this Agreement.
4. 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.
5. APHIS WS shall be responsible for administration and supervision of the program.
6. There will be no equipment with a procurement price of $5,000.00 or more per unit purchased
directly with funds from the cooperator for use solely on this project. All other equipment
purchased for the program is and will remain the property of APHIS WS.
7. To coordinate with APHIS WS before responding to any media requests related to project
work.
$. City of Waterloo will not be connected to the USDA APHIS computer network(s).
ARTICLE 5
APHIS WS Agrees:
I . To conduct activities at City of Waterloo as described in the Work and Financial Plans.
2. Designate to City of Waterloo the authorized APHIS WS individual who shall be responsible for
the joint administration of the activities conducted pursuant to this Agreement.
Page 2 of 6
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 City of Waterloo for actual costs incurred by APHIS WS during the performance of
services agreed upon and specified in the Work Plan. APHIS WS shall keep records and
receipts of all reimbursable expenditures hereunder for a period of not less than one year from
the date of completion of the services provided under this Agreement and City of Waterloo shall
have the right to inspect and audit such records.
5. To coordinate with City of Waterloo before responding to any media requests related to project
work.
ARTICLE 6
This Agreetnent is contingent upon the passage by Congress of an appropriation from which
expenditures may be legally met and shall not obligate APHIS upon failure of Congress to so
appropriate. This Agreement may also be reduced or terminated if Congress only provides APHIS funds
for a finite period under a Continuing Resolution.
ARTICLE 7
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
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
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
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. I346(b), 2401(b), and 2671-2680).
Page 3 of 6
ARTICLE 11
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
This Cooperative Service Agreement may be amended at any time by mutual agreement of the parties in
writing. 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 120 days prior to
effecting such action. Further, in the event City of Waterloo 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.
City of Waterloo Federal Taxpayer Identification Number (TIN) 42-6005327
APHIS Federal Tax Identification Number (TIN) 41-0696271
CITY OF WATERLO
BY: T y�c 061/3
Todd Derifield, As ' to t Director Date
City of Waterloo
1101 Campbell Avenue
Waterloo, IA 50701
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
DAVID MARKS
BY:
Digitally signed by DAVID MARKS
DN: c=US, o=U.S. Government, ou=Department of Agriculture,
cn=DAVID MARKS, 0.9.2342.19200300.100.1.1=12001000206549
Date: 2023.05.31 08:13:05 -05'00'
acting for Travis Guerrant, MO/IA State Director
USDA, APHIS, WS
1714 Commerce Ct., Suite C
Columbia, MO 65202
KEITH WEHNER
BY:
Dlgilally signed by KEITH WEHNER
DN: c=US, o=U.S.Government, ou=Gepf A l0griculture, cnKEITH =
WEHNER, 0.9.2342.19200300.100.1.1=12001012001000208854
Dale: 2023.05.01 08:29: (4 -08'O0'
Keith Wehner, Eastern Regional Director
USDA, APHIS, WS
920 Main Campus Drive
Raleigh, NC 27606
Date
6/1/2023
Date
Page 4 of 6
ATTACHMENT A
WORK PLAN
Introduction
The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and other
resources from damage associated with wildlife. Wildlife Services' activities are conducted in
cooperation with other Federal, State and local agencies; private organizations and individuals.
The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach
(sometimes referred to as IPM or "Integrated Pest Management") in which a series of methods may be
used or recommended to reduce wildlife damage. These methods include the alteration of cultural
practices as well as habitat and behavioral modification to prevent damage. However, controlling
wildlife damage may require that the offending animal(s) are killed or that the populations of the
offending species be reduced.
Purpose
The City of Waterloo has requested APHIS WS's assistance to resolve human health and safety and
property damage issues cause by American crows. Droppings from these birds accelerate the
deterioration of buildings and increase the cost of maintenance. These birds may also carry and spread
numerous diseases including, salmonella, encephalitis, and histoplasmosis to people through their
droppings. Other species of concern may also be addressed at the request of the City of Waterloo.
Planned USDA, APHIS, Wildlife Services Activities
API-IIS WS program, in cooperation with the City of Waterloo, will implement direct control activities
on urban properties designated by the City of Waterloo in Waterloo, Iowa. WS will utilize an Integrated
Wildlife Damage Management approach to reduce the presence of American crows, rock pigeons, and
Canada geese. Control techniques may include, but are not limited to: trapping, effigy, laser, propane
cannon, electronic scare devices, pyrotechnics, cannon netting, toxicant, and shooting (pellet rifle).
APHIS WS personnel may also recommend habitat modification or exclusionary techniques that the
City of Waterloo could implement if it was determined that it would be more effective in a particular
situation. Non -lethal techniques will be primarily implemented and reinforced with limited lethal
control.
Effective Dates
The cooperative service agreement shall commence June I, 2023 and expire June 30, 2024.
Page 5 of 6
ATTACHMENT B -
FINANCIAL PLAN
For the disbursement of funds from
City of Waterloo - Waterloo, IA
to
USDA APHIS Wildlife Services
for
Minimizing wildlife -related property damage & risk to human health and safety
from
06/01/2023 TO 06/30/2024
Cost Element Full Cost
Personnel Compensation
$15,585.66
Travel
$6,084.00
Other Services
$0.00
Supplies and Materials
$1,674.53
E• ui 'Intent
$250.00
Subtotal (Direct Charges)
$23,594.18
Pooled Job Costs
11.00%
$2,595.36
Indirect Costs
16.15%
$3,810.46
Agreement Total
$30,000.00
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the
purpose of this agreement, but may not exceed: $30,000.00
* APHIS charges Indirect Costs to recover administrative costs associated with performing program
work. Such costs may include office expenses, billing and collections, computers, National
Environmental Policy Act (NEPA) compliance, training, and other mandatory requirements in
support of the program but not specific to work on individual projects.
Financial Point of Contact
City of Waterloo Todd Derifield
APHIS WS:
Julie Quevreaux
Phone: 319-291-4370
Email: todd.derifield@a waterloo-ia.org
Phone:
Email:
Fax:
573-449-3033 x10
WSMOAdmin@usda.gov
573-449-4382
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