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Version 7/2019
<br /> WS Agreement Number : 22 -7237- 7135 -RA
<br /> WBS : AP .RA . RX37 . 72 . 1135
<br /> Cooperator PO, if applicable :
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<br /> i
<br /> COOPERATIVE SERVICE AGREEMENT
<br /> between
<br /> COUNTY OF ORANGE
<br /> and
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<br /> UNITED STATES DEPARTMENT OF AGRICULTURE
<br /> ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
<br /> WILDLIFE SERVICES (WS)
<br /> ARTICLE 1
<br /> The purpose of this agreement is to cooperate in a wildlife damage management project as described in the attached Work Plan .
<br /> ARTICLE 2
<br /> 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,
<br /> 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
<br /> private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are
<br /> reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among otter things, agriculture, horticulture, forestry,
<br /> animal husbandry, wildlife, and human health and safety.
<br /> ARTICLE 3
<br /> APHIS -WS and the Cooperator agree :
<br /> 1 . The Cooperator will provide payment [billing options choose one only : In advance J to "USDA, APHIS"
<br /> in the amount of $ 6 , 000 . 00
<br /> 2 . The performance of wildlife damage management actions by APHIS -WS under this agreement is contingent upon a determination by
<br /> APHIS -WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other
<br /> applicable federal statutes . APHIS -WS will not make a final decision to conduct requested wildlife damage management actions until it has
<br /> made the determination of such compliance .
<br /> 3 . Nothing in this agreement shall prevent APHIS -WS from entering into separate agreements with any other organization or individual for the h
<br /> purpose of providing wildlife damage management services exclusive of those provided for under this agreement.
<br /> 4 . The Cooperator certifies that APHIS -WS has advised the Cooperator there may be private sector service providers available to provide
<br /> wildlife damage management services that the Cooperator is seeking from APHIS -WS .
<br /> 5 . The performance of wildlife damage management actions by APHIS -WS under this agreement is contingent upon a determination by
<br /> APHIS -WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other
<br /> applicable federal statutes . APHIS -WS will not make a final decision to conduct requested wildlife damage management actions until it has
<br /> made the determination of such compliance .
<br /> 6 . The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project.
<br /> ARTICLE 4
<br /> This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate
<br /> APHIS -WS upon failure of Congress to so appropriate . This agreement also may be reduced or terminated if Congress only provides APHIS -WS
<br /> funds for a finite period under a Continuing Resolution,
<br /> ARTICLE 5
<br /> 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
<br /> or to any benefit to arise there from.
<br /> ARTICLE 6
<br /> APHIS -WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are
<br /> 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
<br /> 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
<br /> nonfederal recipients, in accordance with all applicable laws, regulations and policies.
<br /> This agreement shall become effective 07/01 /22 , and shall continue until 06/30/23 This agreement may be amended or terminated at
<br /> any time by mutual agreement of the parties in writing. Further, in the event the Cooperator does not, for any reason, provide necessary funds,
<br /> APHIS -WS is relieved of the obligation to provide services under this agreement.
<br /> As required by Debt Collection Improvement Act of 1996 ,
<br /> Cooperator' s Tax ID No . (OTCS N/A) :
<br /> APHIS -WS ' s Tax ID : 41 -0696271
<br /> Cooperator: Orange County - David Stancil USDA APHIS WS
<br /> 1020 US 70 West PO Box 80395
<br /> Hillsborough, N 78 Raleigh, NC 27623 - 0395
<br /> q ' � J22
<br /> Cooperator' s Signature Date teven H it , State rector Date
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