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Home My WebLink AboutDeer Cull WS-ER (9113) Agreement No.: 14.7236-0983-RA WBS Element: AP.RA.RX36.72.0115 COOPERATIVE SERVICE AGREEMENT between LONG ISLAND FARM BUREAU (LIFB) 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 enter into an agreement with Long Island Farm Bureau (LIFB) to reduce white-tailed deer damage to agricultural and property and reduce the risk of disease and parasites vectored by deer in the East End of Long Island (Towns of Shelter Island, Southampton, Southold, East Hampton, and Riverhead) and the Town of Brookhaven. This damage, and disease and parasite risk reduction will be achieved by reducing the deer population within the local farming community and residential areas of these Townships. ARTICLE 2 APHIS WS has statutory authority under the Act of March 2, 1931 (46 Star. 1468; 7 U.S.C.426-426b) as amended, and the Act of December 22, 1987 (101Stat. 1329-331, 7 U.S.C. 426c), 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 APHIS WS and LIFB mutually agree: 1. The parties' authorized representatives who shall be responsible for carrying out the provisions of this Agreement shall be: LIFB Joe Gergela III, Executive Director 104 Edwards Ave, Suite 3 Calverton, NY 11933 APHIS WS Martin S. Lowney, State Director 1930 Route 9 Castleton, NY 12033 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 LIFB or his/her designee, the State Director or his/her designee, and/or those additional persons authorized and approved by the LIFB Executive Director 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. 4. APHIS WS shall contribute $20,000 to defray the cost of processing the culled deer for venison donation to a local food bank. ARTICLE 4 LIFB agrees: 1. To authorize APHIS WS to conduct direct control activities to reduce agricultural impacts, human health and safety risks, and property damage associated with the overpopulation of white-tailed deer on the East End of Long Island. These activities are defined in the Work Plan. APHIS WS will be considered an invitee on the lands controlled by landowners. LIFB will exercise reasonable care to warn APHIS WS as to dangerous conditions or activities in the project areas and the appropriate landowner(s) to consult with about those dangerous conditions or activities. 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 B). LIFB will begin processing for payment invoices submitted by APHIS WS within 30 days of receipt. The LIFB ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. In the event that funds are not made available to LIFB, LIFB will not be held liable for the amount specified in the Financial Plan. 3. LIFB agrees that costs for processing each deer for venison donation are not included in the final amount in the Financial Plan. These costs will be borne by LIFB or by the participating municipalities or landowners. All processed venison will be donated to a food bank for distribution and will not be sold or bartered. Additionally, whole eviscerated deer may be donated to local citizens in lieu of processing and donation to a 2 food bank. APHIS WS will work with townships and LIFB to arrange whole deer donation. 4. To designate to APHIS WS the LIFB authorized individual whose responsibility shall be the coordination and administration of activities conducted pursuant to this Agreement. 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. APHIS WS shall be responsible for administration and supervision of the program. 7. 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 solely on this project. All other equipment purchased for the program is and will remain the property of APHIS WS. 8. To be the lead in responding to media requests. 9. To provide an indoor working space to complete necessary paperwork. ARTICLE 5 APHIS WS Agrees: 1. To conduct activities within Suffolk County work area as described in the Work and Financial Plans. 2. Designate to LIFB the authorized APHIS WS individual who shall be responsible for the joint administration of the activities conducted pursuant to this Agreement. 3. To bill LIFB 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 LIFB shall have the right to inspect and audit such records. 4. LIFB will be the lead in responding to media requests and to coordinate with LIFB before responding to any media requests. ARTICLE 6 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 3 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 APHIS WS assumes no liability for any actions or activities conducted under this Cooperative Service 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 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 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 10 LIFB certifies that APHIS WS has advised the LIFB that there may be private sector service providers available to provide wildlife management services that the LIFB is seeking from APHIS WS. ARTICLE 11 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 environmental 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 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 tinie 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 LIPB does not provide- necessary funds, APTW 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 Identifleation Number for individuals or businesses conducting business with the agency. LIFB Taxpayer Identification Number (TIN) ! 'M14 LONG ISLAND FARM RUREAU J.080h Oergela 111, Executive Dir&tor Fate 104 Edwards Ave, Suite 3 Calverton, NY 11933 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL APIA PLANT H?i ALTH INSPECTION" SERVICE WILDLIPT SERVICES /~c"'o/v "e" Martin S. Lowney, State Direct Date USDA, APHIS, W$ 1930 Route 9 Castleton, NY 12033-~ -f~ BY: Charles S. Brown, Director, Eastern Region Date USDA, APHIS, WS 910 Main Campus. Drive, Suite X00 Raleigh, NC 27606 S