The follow is the ordinance that the city pasted to authorize and execute the deer cull. It is contained in the minutes of the city council meeting of October 10th 2022

You can review the meeting here including the signatures of persons supporting the cull. Click Here to view PDF File It may be better to read the ordinance contained in the PDF file even though that requires scowling through a lot of other unrelated information.

I have highlighted  troubling areas of the agreement for your quick review.  It is interesting to note that the agreement indicates that other methods should be used before resorting to killing animals. Obviously this was never done but may provide additional legal objections to the cull. We agree to pay but there are no guarantee on any results at all. We are paying for time spent not results. Of course the best result would be no deer killed.

ORDINANCE NO. 494-22

An Ordinance to Approve a Contract, Agreement or Lease.

THE CITY OF LUDINGTON ORDAINS:

Section 1: APPROVAL. Pursuant to Section 8.10 of the Charter of the City of Ludington, the City Council hereby approves the City Manager and City Clerk to sign a three (3) year Cooperative Service Agreement between the City of Ludington and United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services to provide lethal removal of white-tailed deer in areas with high numbers of complaints and damage.

Section 2: Severability: Should any provisions of this ordinance or any part thereof be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions hereof or of any other provisions of the City Code.

Section 3: Repeal: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4: Effective date: This ordinance shall be effective 20 days after publication.

Dated:

Ayes:

Nays:

Deborah Luskin, CMC City Clerk

Certification

I,             Deborah Luskin, being the Clerk of the City of Ludington, certify that the above is a true and accurate copy of the Ordinance adopted by the City Council at their regular meeting on the             day of   2022. 

WS Agreement Number -RA

WBS:    

[optional] Cooperator PO:           

COOPERATIVE SERVICE AGREEMENT

between

CITY OF LUDINGTON

and

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

WILDLIFE SERVICES (WS)

ARTICLE 1 - PURPOSE

The purpose of this Cooperative Service Agreement is to assist the City of Ludington by providing lethal removal of white-tailed deer in areas with high numbers of complaints and damage.

ARTICLE 2 - AUTHORITY

APHIS-WS has statutory authority under the Acts of March 2, 1931,46 Stat. 1468-69, 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 other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety.

ARTICLE 3 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that:

1.            APHIS-WS shall perform services 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.

2.            The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS.

3.            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 on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS.

4.            The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project.

ARTICLE 4 - COOPERATOR RESPONSIBILITIES

Cooperator agrees:

1.            To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement.

City of Ludington Mitchell W. Foster

400 S. Harrison St

Ludington, MI

(231) 690-7609

mfoster@ci.ludington.mi.us

2.            To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan. APHIS-WS will be considered an invitee on the lands controlled by the Cooperator. Cooperator will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas.

3.            To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan 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 services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996.

4.            To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996.

5.            Asa condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt.

6.            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.

7.            The Cooperator acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel.

8.            To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees.

ARTICLE 5 - APHIS-WS RESPONSIBILITIES

APHIS-WS Agrees:

1.            To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement.

APHIS-WS State Director:

Anthony G. Duffiney

2803 Jolly Rd, Suite 100 Okemos, MI 48864 (517) 336-1928 anthonv.g.duffmev@usda.gov

2.            To conduct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement.

3.            That 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.

4.            To invoice Cooperator for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. 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.

Select billing frequency: Monthly or Quarterly

(Quarterly billing will be default)

ARTICLE 6 - CONTINGENCY STATEMENT

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 - NON-EXCLUSIVE SERVICE CLAUSE

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 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 - 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, in accordance with all applicable laws, regulations and policies.

ARTICLE 10 - LIABILITY

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 U.S.C. 1346(b), 2401(b), and 2671-2680).

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 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS

This agreement shall become effective on October 1,2022 and shall continue through April 1, 2025 not to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time 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 Cooperator does not provide necessary funds, APHIS-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 Identification Number for individuals or businesses conducting business with the agency.

Cooperator’s Tax ID No.: 38-6004706 APHIS-WS’s Tax ID: 41-0696271

Cooperator:

Mitchell W. Foster           Date

City of Ludington, City Manager 400 S. Harrison Street Ludington, MI 49431

UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES

Anthony G. Duffiney, State Director         Date

USDA, APHIS, WS 2803 Jolly Rd, Suite 100 Okemos, MI 48864

Willie D. Harris, Eastern Regional Director             Date

USDA, APHIS, WS

920 Main Campus Drive, Suite 200

Raleigh, NC 27606

Prepared by (APHIS-WS employee): David Madrigal

WORK PLAN

In accordance with the Cooperative Service Agreement between the City of Ludington and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement.

Program Objective

The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and other resources from damage associated with wildlife. Wildlife Services activities are conducted in cooperation with other Federal, State and local agencies, private organizations and individuals.

The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced.

Plan of Action

At the request of the City of Ludington, Wildlife Services will lethally remove white-tailed deer under permits issued by the Michigan Department of Natural Resources. Wildlife Services may utilize suppressed firearms from vehicles, ground blinds, elevated stands, and/or baiting. Wildlife Services will prepare deer for processing in a secured building provided by the City of Ludington.