APHIS-WS Agreement Number: 19-73-53-5080-RA

APHIS-WS Account Code (WBS): AP.RA.RX53.0645

FMMI Shorthand Code: 9XWSWR5353REIMBURRX53730645

COOPERATIVE SERVICE AGREEMENT

between

PORT OF SEATTLE, SEATTLE-TACOMA INTERNATIONAL AIRPORT (COOPERATOR)

and

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

WILDLIFE SERVICES (APHIS-WS)

ARTICLE 1 – PURPOSE

The purpose of this Agreement is to conduct wildlife damage management (WDM) activities on behalf of the Port

of Seattle, Seattle-Tacoma International Airport (SeaTac) to minimize wildlife strike hazards to aircraft, threats to

human health and safety and property damage, and to assist with wildlife hazard assessments and associated

management plans.

ARTICLE 2 - AUTHORITY

APHIS-WS has statutory authority under the Act of March 2, 1931, as amended (7 USCA 8351), and the Act of

December 22, 1987 (7 USCA 8353), 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 management of urban rodents, is authorized to

conduct activities to manage 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.

Under the Consolidated Appropriations Act, 2017, (Pub. L. No. 115-31, 131 Stat. 144, H.R. 244 — 115th

Congress (2017-2018), APHIS is authorized to collect fees to cover the total costs of providing technical

assistance, goods, or services requested by States, other political subdivisions, domestic and international

organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s

liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by

the Agency, and such fees shall be credited to this account, to remain available until expended, without further

appropriation, for providing such assistance, good, or services.

ARTICLE 3 - MUTUAL RESPONSIBILITIES

The cooperating parties mutually understand and agree to/that:

a. Confer and plan a WDM program that addresses the need for managing wildlife conflicts experienced by

and/or affecting the Port of Seattle, SeaTac. Based on this consultation, APHIS-WS will formulate in

writing, the program work plan and associated budget and present them to the Cooperator for approval.

b. Develop a mutually agreed upon Work Plan and Financial Plan which are incorporated into this

Agreement by reference. It is understood and agreed that any monies allocated for the purpose of this

Agreement shall be expended only towards the activities and related expenses outlined therein.

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.

APHIS-WS Agreement Number: 19-73-53-5080-RA

APHIS-WS Account Code (WBS): AP.RA.RX53.0645

FMMI Shorthand Code: 9XWSWR5353REIMBURRX53730645

d. 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.

e. All equipment with a purchase price of $5,000 or more per unit, purchased directly with funds from the

cooperator for use solely on this project shall be subject to disposal according to APHIS-WS policy, and

shall be specifically listed in the Work and Financial Plan. Property title/disposal shall be determined

when the project (including all continuations and revisions of this agreement) terminates, or when the

equipment is otherwise directed to other projects, whichever comes first. If the equipment is sold prior to

the project end, the proceeds should be allocated according to APHIS-WS Policy. Continuations and

revisions to this agreement shall list any equipment with a purchase price of $5,000 or more per unit,

carried over from a purchase directly with funds from the cooperator for use solely for this project. All

other equipment purchased for the program is and remain the property of APHIS-WS.

f. APHIS-WS will provide overall direction and control of the program.

ARTICLE 4 - COOPERATOR RESPONSIBILITIES

The Cooperator agrees to/that:

a. Designate Mark Coates, Senior Manager of Airport Operations, Port of Seattle, Seattle-Tacoma

International Airport, PO Box 68727, SeaTac, WA 98168-0727, 206-787-6864 as the authorized

representative who shall be responsible for collaboratively administering the activities conducted in this

Agreement;

b. 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 – WS RESPONSIBILITIES

APHIS-WS agrees:

a. To designate APHIS-WS State Director, Mike Linnell, 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.

APHIS-WS Agreement Number: 19-73-53-5080-RA

APHIS-WS Account Code (WBS): AP.RA.RX53.0645

FMMI Shorthand Code: 9XWSWR5353REIMBURRX53730645

b. The performance of wildlife damage management actions by 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.

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

Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement.

f. 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 – CONTINGENCY STATEMENT

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 – NON-EXCLUSIVE SERVICE CLAUSE

Nothing in this agreement shall prevent any other country, State government or its political subdivisions, local

government, university, or college, organization, association, or individual from entering into separate agreements

with APHIS-WS for same or similar activities provided under the terms of this Agreement.

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).

APHIS-WS Agreement Number: 19-73-53-5080-RA

APHIS-WS Account Code (WBS): AP.RA.RX53.0645

FMMI Shorthand Code: 9XWSWR5353REIMBURRX53730645

ARTICLE 11 – NON-DISCRIMINATION CLAUSE

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 – FAILURE TO PAY FEES

The cooperator is liable for fees assessed for services performed under this agreement. APHIS-WS will assess a

late payment penalty for failure to pay fees when due. In addition, the overdue fees shall accrue interest as

required by 31 U.S.C. 3717.

ARTICLE 13 – AGREEMENT EFFECTIVE DATE

This Agreement shall become effective upon date of final signature and shall continue to December 31, 2023.

Further, this Agreement may be amended or extended at any time by mutual agreement of the parties in writing.

The Cooperator must submit a written request to extend at least 30 days prior to expiration of the agreement. It

may be terminated by either party upon 60 days’ notice in writing to the other party.

AUTHORIZATION:

PORT OF SEATTLE

SEATTLE-TACOMA INTERNATIONAL AIRPORT

Tax Identification Number: 91-3001025

Lance Lyttle, Managing Director Aviation Date

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

WILDLIFE SERVICES

Tax Identification Number: 41-0696271

Mike Linnell, State Director, Washington/Alaska Date

Jason Suckow, Director, Western Region Date