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
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 Hability for any aciions 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
The CITY certifies that APHIS WS has advised the CITY that there may be private
sector service providers available to provide wildlife management services that the
CITY 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 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.
