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Home My WebLink About2022-530-E-DEAPR-Beaver-Cooperative service agreement between Orange County and United States Department of Agriculture animal and plant Health inspection service -APHIS-wildlife services Version 7/2019 WS Agreement Number : 22 -7237- 7135 -RA WBS : AP .RA . RX37 . 72 . 1135 Cooperator PO, if applicable : i i COOPERATIVE SERVICE AGREEMENT between COUNTY OF ORANGE and i UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 The purpose of this 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 Acts of March 2, 1931 , 46 Stat. 1468 -695 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 otter things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 APHIS -WS and the Cooperator agree : 1 . The Cooperator will provide payment [billing options choose one only : In advance J to "USDA, APHIS" in the amount of $ 6 , 000 . 00 2 . 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 . 3 . Nothing in this agreement shall prevent APHIS -WS from entering into separate agreements with any other organization or individual for the h purpose of providing wildlife damage management services exclusive of those provided for under this agreement. 4 . The Cooperator certifies that APHIS -WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management services that the Cooperator is seeking from APHIS -WS . 5 . 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 . 6 . The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. ARTICLE 4 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 also may be reduced or terminated if Congress only provides APHIS -WS funds for a finite period under a Continuing Resolution, ARTICLE 5 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 there from. ARTICLE 6 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 USC 1346 (b), 2401 (b), 2671 -2680) . 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. This agreement shall become effective 07/01 /22 , and shall continue until 06/30/23 This agreement may be amended or terminated at any time by mutual agreement of the parties in writing. Further, in the event the Cooperator does not, for any reason, provide necessary funds, APHIS -WS is relieved of the obligation to provide services under this agreement. As required by Debt Collection Improvement Act of 1996 , Cooperator' s Tax ID No . (OTCS N/A) : APHIS -WS ' s Tax ID : 41 -0696271 Cooperator: Orange County - David Stancil USDA APHIS WS 1020 US 70 West PO Box 80395 Hillsborough, N 78 Raleigh, NC 27623 - 0395 q ' � J22 Cooperator' s Signature Date teven H it , State rector Date Version 7/2019 WS Agreement Number : 22 -7237 -7135 -RA WBS : AP . RA . RX37 . 72 . 1135 Cooperator PO, if applicable : WORK PLAN Wildlife Species : Beaver Description of Damage : The Cooperator has requested that APHIS WS reduce or eliminate property damage and/or threats to human health and safety caused by beaver and their activities as part of NC Beaver Management Assistance Program (BMAP) . Location : projects assigned by the County within the County. Services Provided : Techniques which may be used to address beaver damage include lethal removal of beaver using traps , snares , and shooting . Non- lethal techniques such as installation of exclusion devices to prevent the beaver from gaining access to resources may also be used . To alleviate flooding, beaver dams may be removed using hand tools or explosives and/or water control devices such as Clemson Beaver Pond Leveler may be installed. Incidental takes of muskrat and nutria caught under a beaver agreement will be counted as target species . The Cooperator acknowledges that he/she has been informed of and clearly understands the methods and manner in which the management materials and devices will be used and of the possible hazards associated with their use . FINANCIAL PLAN Cost Element Full Cost Personnel Compensation $ 3 990 . 00 Travel $ 0 . 00 I Vehicle Usage $ 300 . 00 Supplies and Equipment $ 429 . 00 i Subtotal Direct Charges) $ 4, 719 . 00 ME Pooled Job Costs for non-Over-the Counter projects] 11 . 00 % $ 519 . 00 Indirect Costs 16 . 15 % $ 762 . 00 Agreement Total 600 . 00 i The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed $ 6, 000 . 00 Financial Point of Contact (for billing questions and invoicing) : Cooperator Name, Address, Phone Number, Email USDA APHIS WS Orange County Attn : Catherine Saunders i Attn : David Stancil PO Box 80395 r 1020 US 70 West Raleigh, NC 27623 -0395 i' Hillsborough, NC 27278 (919) 326-6917 dstancil@orangecountync . gov catherine . d . saunders@usda. gov i i ❑✓ Rural ❑ Urban > 5000