THIS IS THE CONTRACT BETWEEN THE ARKANSAS LIVESTOCK AND POULTRY COMMISSION AND THE UNITED STATES DEPARTMENT OF AGRICULTURE/APHIS FOR 2005. THE 2006 ARKANSAS COOPERATIVE AGREEMENT HAS ALSO NOW BEEN POSTED. GETTING THESE DOCUMENTS REQUIRED US TO USE THE FREEDOM OF INFORMATION ACT. ANY CITIZEN CAN ALSO REQUEST COPIES OF THE COOPERATIVE AGREEMENTS BY USING THE FOIA.
FEDERAL ASSISTANCE AWARD: $115,000.00 FEDERAL FUNDING 43,999.00 NON-FEDERAL FUNDING
ACCOUNTING CODE: 511-9705-851 COOPERATIVE AGREEMENT #05-9705-1358-CA
NOTICE OF COOPERATIVE AGREEMENT AWARD
ARKANSAS LIVESTOCK AND POULTRY COMMISSION (COOPERATOR)
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
VETERINARY SERVICES (APHIS)
The purpose of this Agreement is to provide Federal assistance to conduct monitoring activities that will provide specific information to the Cooperator, APHIS, and other interested parties for the National Animal Identification System.
Under the Farm Security and Rural Investment Act of 2002, PL 107-171, Subtitle E. Animal Health Protection Section 10401-10418, the Secretary of Agriculture, in order to protect the agriculture, environment, economy, and health and welfare of the people of the United States by preventing, detecting, controlling, and eradication diseases and pests of animals, is authorized to cooperate with foreign countries, States, and other jurisdictions, or other persons, to prevent and eliminate burdens on interstates commerce and foreign commerce, and to regulate effectively interstate commerce and foreign commerce.
The cooperating parties agree to/that:
a. The Work Plan and Financial Plan developed by the Cooperator and APHIS are incorporated into this Agreement by reference.
b. The provision of this Agreement will not replace functions that are being conducted by the Cooperator but will supplement those activities and increase program benefits to all parties.
c. The employee(s) responsible for this work will be under the general program direction of the Cooperator and APHIS. Supervision of personnel will be provided by their employing organization, and they will be subject to their employing organization rules and regulations.
The Cooperator agrees to/that:
a. Designate in writing to APHIS the Cooperator's authorized representative who shall be responsible for collaboratively administering the activities conducted under this Agreement.
b. Furnish personnel, as required, to accomplish the survey activities outlined in the Work Plan and Financial Plan.
c. Provide funds as partial payment of expenditures incurred in carrying out the terms of this Agreement in accordance with the Work Plan and Financial Plan.
d. Submit to APHIS' authorized representative quarterly accomplishment reports on program activities outlined in the Work Plan and Financial Plan. The reports will be used by APHIS to verify compliance with provisions of this Agreement. These reports are due no later than 30 days after the end of each Federal fiscal quarter except the final report which is due no later than 90 days after the Agreement expires or terminates.
e. Submit to APHIS' authorized representative a properly certified quarterly Financial Status Report, SF269, no later than 30 days after the end of each Federal fiscal quarter and a final SF269 no later than 90 days after the Agreement expires or terminates. Any requests for an extension of time to submit the SF269 must be made in writing to APHIS' authorized representative before expiration of the initial 30 or 90 day period allowed for submitting the report. Extensions of time to submit the SF269 are subject to the discretion of APHIS' authorized representative and, if allowed, shall be provided by the authorized representative in writing.
f. Treat any program income derived under this Agreement using the Deduction Alternative in accordance with the provisions of 7 CFR 3016.25(g)(1) or 7 CFR 3019.24(b)(3), as applicable, which provides for a decrease in the financial contributions of each cooperating party to this project.
g. Submit to APHIS a properly certified Request for Advance or Reimbursement, SF270, when requesting payment for expenditures. A payment request may be submitted quarterly or more frequently; however, advance of funds will be made by APHIS in increments as indicated under 11.j of the SF270 to cover monthly disbursement needs.
h. Obtain a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number by calling D&B at (800) 333-0505 (most expeditious) or visiting their website at http://www.dnb.com/us. This requirement does not apply to individuals applying for assistance, unless it supports a business or non-profit organization they operate. Upone obtaining the DUNS number, the Cooperator further agrees to register in the Central Contractor Registry (CCR) by visiting their website at http://www.ccr.gov (most expeditious) or calling 888-227-2423. This registration will provide a means to receive electronic funds transfers of all payments requested on the SF270. Cooperators without accounts at financial institutions can request waivers due to hardship because of physical or geographical barrier.
i. APHIS may withhold payments called for in Article 5.b under the conditions outlined in 7 CFR 3016.21(g) or 7CFR 3019.22(h).
j. Comply with 7 CFR 3017, Subpart C to ensure that any sub recipients that carry out the provisions of this agreement are not debarred or suspended. Sub recipients are required to disclose if they, or any of their principals, are presently excluded or disqualified.
k. Comply with and enforce the requirements for a drug-free workplace as mandated in 7 CFR 3021. "Governmentwide Requirements for Drug-Free Workplace".
m. When transmit frequency determining devices (transmitters) are owned by the Federal Government, the Federal Government will have responsibility for frequency support (frequency authorizations for fixed locations). If Cooperator-owned devices are provided, it will be the Cooperator's responsibility to obtain frequency support by application to the Federal Communications Commission for use of government frequencies, or to obtain non government frequencies. All radio equipment will be maintained to original factory technical specifications. Mobile radio equipment removed from service will be kept at a central location with notification made to the desinated Federal official. Notification of any changes, relocation, or removal of base stations or repeater stations in the system will be made to the APHIS Radio Communications Manager at Lakewood, Colorado, who will be available for technical guidance and, if needed, make periodic trips to monitor the system.
APHIS agrees to/that:
a. Designate in writing to the Cooperator APHIS' authorized representative who shall be responsible for collaboratively administering the activities conducted under this Agreement.
b. Provide funds on an advance or reimbursable basis as partial payment of allowable, agreed-to costs incurred by the Cooperator in carrying out the terms of this Agreement in accorance with the Work Plan and Financial Plan.
c. Make advance payments, if requested by the Cooperator, monthly and upon receipt of a properly certified Request for Advance or Reimbursement, SF270.
d. Provide personnel and other resources to carry out its responsibilites as outlined in the Work Plan and Financial Plan.
e. Assist the Cooperator in selecting qualified candidates to perform activities outlined in the Work Plan and Financial Plan and provide general program direction to employees assigned to the cooperative endeavor. However, the assigned employees will remain subject to the Cooperator's rules and regulations.
f. Provide special training to carry out assignments, as mutually deemed necessary.
This Agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall obligate APHIS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress only provides APHIS funds for a finite period under a Continuing Resolution.
Actual costs incurred for unemployment insurance or equitable contributions made to a self-insured unemployment fund are allowable. APHIS does not allow payment of costs incurred for unemployment claims.
Under 41 USC 22, 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.
As a condition of this award, the cooperator agrees to comply with the requirements contained in the United States Department of Agriculture's "Uniform Federal Assistance Regulations", 7 CFR 3015; "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 7 CFR 3016; and/or "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", 7 CFR 3019; in addition to "Governmentwide Debarment and Suspension (Non-Procurement)", 7 CFR 3017; "Governmentwide Requirements for Drug-Free Workplace", 7 CFR 3021; "New Restrictions on Lobbying", 7 CFR 3018; and Office of Management and Budget regulations governing "Controlling Paperwork Burdens on the Public", 5 CFR 1320.
APHIS reserves the right to transfer title to any equipment purchased partially or fully by the Cooperator under this Agreement with Federal funds within 120 days after this Agreement expires or terminates.
The Cooperator has the explicit duty of notifying APHIS' authorized representatives, in writing, prior to the time of application for any patent or invention which is paid for in any manner or any percentage of funds provided by APHIS. This duty is not limited to the period during the Agreement, but may arise at any time during or subsequent to the Agreement. APHIS reserves to itself a royalty-free, nonexclusive, and irrevocable right to use and authorize others to use the product or invention produced under this Agreement for Government purposes. APHIS also retains the ability to force utilization of the patented invention by designating licenses in any field of use where the patentee has failed to act with reasonable diligence.
Any royalties or equivalent income earned during the effective period of this Agreement on patents or inventions derived under this Agreement shall be considered program income and treated under the provisions of 7 CFR 3016.25(g)(1) or 7 CFR 3019.24(b)(3) as applicable.
APHIS reserves a royalty-free, nonexclusive, and irrevocable license to exercise, and to authorize others to exercise, the rights for Federal government purposes to copyrighted materials developed under this Agreement. Subject to this license, the owner is free to exercise, preserve, or transfer all its rights. The Cooperator shall ensure that no agreement is entered into for transferring the rights which would conflict with the nonexclusive license of APHIS.
Any royalties or equivalent income earned during the effective period of this Agreement on copyrighted material derived under this Agreement shall be considered program income and treated under the provisions of 7 CFR 3016.25(g)(1) or 7 CFR 3019.24(b)(3) as applicable.
The final draft of any funded publications or audiovisual must be submitted by the Cooperator to APHIS' authorized representative prior to final printing, editing, or release of the product so that APHIS can make a determination as to whether APHIS' participation in the project will be acknowledged. APHIS, furthermore, may require that the Cooperator modify or purge any acknowledgment of its support for activities conducted under this Agreement as a result of its review of a final draft. If APHIS has not responded within 30 days of receipt of the draft, the Cooperator will be free to proceed with publication without an ackknowledgment. In the event that APHIS elects not to acknowledge the product, the Cooperator agrees not to attribute sponsorship by APHIS by any means including, but not limited to, publications, interviews, news releases, etc.
When an acknowledgment is desired by APHIS, unless otherwise instructed by APHIS, the statement shall read: "This material was made possible, in part, by a Cooperative Agreement from the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS). It may not necessarily express APHIS' views."
Additionally, any other acknowledgment by the Cooperator of APHIS support shall have the express written permission of APHIS through its representative designated under this Agreement.
In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for the current Federal fiscal year, it is the sense of the Congress that entitles receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.
No person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in programs or activities, funded in whole or in part by the United States Department of Agriculture based on race, color, national origin, age, disability, and, where applicable, sex, religion or political beliefs.
The Federal award for this Agreement is in the amount of $115,000 and the Cooperator's share is $43, 999 for a total project cost of $158,999. It shall become effective upon date of final signature and shall continue one year from the effective date, subject to continuation in writing by mutual agreement of the parties. Further, this Agreement may be amended at any time by mutual agreement of the parties in writing. It may be terminated following provisions of 7 CFR 3016 or 7 CFR 3019, as applicable.
ARKANSAS LIVESTOCK AND POULTRY COMMISSION
(signed by Phil Wyrick, dated Dec. 22, 2004)
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(signed by Jose Diez, dated January 7, 2005)
Account Code: 511 9705 851
ARKANSAS PREMISE IDENTIFICATION SYSTEM
Stakeholder Participation and Focus
A. Stakeholder Participation: The following stakeholders will work as meeting organizers for outreach efforts. These organizations will be asked to schedule meeting dates, times, and facilities throughout the state by working with their membership networks. They will also be asked to arrange the delivery of invitations to their membership or clients.
1. Producer organization: ARKANSAS CATTLEMEN'S ASSOCIATION.
2. ARLPC will work closely with other departments in state government that have cattle producer contact networks, which will be able to assist in the delivery of outreach information. The primary organizations assisting will be the Arkansas Department of Environmental Quality, The Arkansas Plant Board, the Arkansas Soil and Water Conservation Commission, and the Department of Rural Services.
3. Academic and/or Extension units such as the University of Arkansas Outreach and extension staff will assist in organizing outreach events.
B. Industry Focus
1. Arkansas' initial focus will be to generate a significant number of premise registrations and owner inquiries by concentrating on the cattle industry with an estimated number of potential premises of 28,526.
ARKANSAS PREMISE IDENTIFICATION SYSTEM
Overall Merit of the Project
The Arkansas project plans to perform the following tasks with assessments and implementation funds. First, the ARLPC staff will work with the ARKANSAS CATTLEMEN'S ASSOCIATION in completing a consistent outreach presentation deliverable to cattle producers. The outreach effort will explain the factors involved in developing the National Animal Identification System (NAIS), the logistics of premise registration and the potential benefits that lay ahead as producers implement individual animal indentification. The ARKANSAS CATTLEMEN'S ASSOCIATION and Arkansas Cooperative Extension Service will be CONTRACTED to present the outreach information to cattle producers statewide. Producer meetings will be organized by the above listed organizations.
Second, the ARLPC will purchase a data server and hire contractual data entry personnel specifically for premise identification information collection. The ARLPC will use software developed by the USDA, the Wisconsin Livestock Identification Consortium (WLIC) System, to capture and store premise information. Producers seeking to register premise information can contact the ARLPC, ACA, or ACES via phone or e-mail. Customer demand will drive our information gathering systems. We will measure customer satisfaction and the volume of registrations.
The resulting product should be basic, responsive and economical. The database will contain the data elements as outlined in the NAIS standards.
B. Objectives/Purpose/Desired Results:
The Arkansas Premise Identification Project plans to show a system of support and implementation of the NAIS. The state must address issues that are important to the success of the NAIS such as producer awareness and collection of premise information. Arkansas will show the value of producer outreach and awareness to program acceptance and system implementation. ARLPC will carry out a system that will not jeopardize proprietary information. Staff will use prescribed software from USDA and the WLIC system to gather new premise addresses.
Specifically, the Arkansas project will consist of two parts that can be both independent and systematic. The first part of the project will involve the procurement, modification or development of material to tell cattle producers of the impending implementation of NAIS. ARLPC staff has found that direct producer contact is the best tool for information dispersal. ARLPC will work with the ARKANSAS CATTLEMEN'S ASSOCIATION and the Cooperative Extension Service in formulating program content that will explain the need and reasoning behind premise identification; the potential benefits producers will have available when individual animal identification is implemented; and the steps producers must take to obtain a premise identification number. Once a standardized presentation is available, personnel assigned by the ARKANSAS CATTLEMEN'S ASSOCIATION* and the Cooperative Extension Service will be introduced to the presentation and briefed on possible questions that may arise. These representations will be available to present a standardized program to cattle producers and respond to the resulting questions as outreach is extended to an estimated 28,526 premises.
(*OUR NOTE: SEE PHIL WYRICK'S LETTER BELOW ABOUT THERE BEING NO AGREEMENT WITH THE ARKANSAS CATTLEMEN'S ASSOCIATION IN THIS PREMISE IDENTIFICATION PROGRAM! THIS DOCUMENT SAYS OTHERWISE!)
ARLPC will post a version of the presentation on its web site. The web presentation will be linked to a site to register premises. Another outreach tool will be developing a brochure. A template will be acquired from USDA which introduces animal owners to premise indentification. This brochure will describe the features and requirements of NAIS as well as the potential benefits for producers. ARLPC expects most producer contacts will occur through local meetings. Face-to-face meetings allow producers to ask questions, which many will prefer. The
Arkansas Cattlemen's Association and Cooperative Extension Service will schedule local meetings. Throughout the year, cattle producers will have the opportunity to engage in a face-to-face meeting or an on-line description.
ARLPC expects the following results from the outreach portion of this proposal. Hits on the web page attached to the ARLPC web site will be measured. The expected web hits will be 1,200 - 1,700 monthly. Distribution of a brochure outlining the NAIS will be facilitated through existing information centers located in livestock markets, veterinary clinics, and Cooperative Extension offices throughout the state. Printed material will also be distributed at meetings and trade shows. We anticipate printing and delivering 17,000 brochures to cattle producers over the course of the year. Producer awareness meetings will provide the greatest exposure to the NAIS. In the first phase of the NAIS project, 70 - 80% of Arkansas cattle producers will receive exposure to premise identification information.
The second phase of the Arkansas project will consist of collecting premise information from cattle producers. Customer service will be of the highest priority when collecting information from producers. Staff, Arkansas Cattlemen's Association and Cooperative Extension collecting information will have the knowledge to accurately answer all customer inquiries.
Implementing the technology portion of this project will be initiated by the purchase of a data server. The transfer of identification numbers from the premise allocator to the producer could possibly be accomplished by a
single PC. However, the volume and speed of information transferal that will eventually be required warrants the speed and versatility of a server.
A currently employed ARLPC database manager will be assigned to work with the server portion of the system. The database manager will work closely with the USDA to set up and customize software; this software will simplify collecting premise data and distributing premise identification numbers. ARLPC staff will coordinate development and printing of a wallet-sized card that will provide cattle producers with a hard copy of their premise identification
The ARLPC expects the following results from the technology portion of this proposal. Software to track premise information, the WLIC system, will be acquired from the USDA. Additional contract data entry personnel will be hired and data collection will be initiated. Premise information will be entered into the system as this
information arrives from cattle producers. The goal of this project is to have confirmed premise information on 12 - 15,000 producers by the end of the first year.
Placing customer satisfaction as a top priority is critical to the success of animal identification in Arkansas and nationwide. Acceptance will be improved with a good experience during premise registration. The ARLPC database will contain the data elements as outlined in the NAIS standards.
On completion of the first phase of implementation, the ARLPC will have facilitated producer acceptance and participation in the NAIS. A customer friendly system of premise registration which works seamlessly with the national allocator will be in place ready to issue premise identifications. Arkansas cattle producers will be prepared to move forward with allocation of premise identifiers, data transferal and individual animal identification.
1. Premise Identification
a. The Arkansas identification project will deal only with premise identification. The ARLPC will use software provided by the USDA from the WLIC. Implementation of this software will minimize the confusion when states begin transferring information on animal transactions and movements. A standardized software system will increase efficiency when individual animal identification is added to premise identification.
b. Premise registration will begin as quickly as possible after the receipt of funding. Software will be acquired from USDA and loaded onto a server. ARLPC staff, Arkansas Cattlemen's Association and the Cooperative Extension Service will receive information; data elements as outlined in the NAIS standards. Registrations will be
stored until ARLPC is prepared to issue premise identification numbers. Registration will be available by electronic transmission or by phone, whichever system is convenient for the premise owner.
2. Animal Identification (none)
3. Tracking (none)
4. Field Trials/Research (none)
D. Industry Role
Industry participation and acceptance is critical to the rapid and successful implementation of NAIS. Arkansas has multiple stakeholders with varying degrees of interest and acceptance of premise identification. One of the more influential stakeholders and a key partner in outreach efforts is the Arkansas Cattlemen's Association. ACA will promote producer outreach meetings. Preliminary awareness work is on-going and ACA is eager to start educating producers and registering premises. The ARLPC staff will be prepared to help with template material for
invitations to producer awareness meetings sponsored by ACA and the Cooperative Extension Service. ACA and CES will provide location for producer meetings as well as setting the location, date and time that will result in the
E. Communication Plan
1. The ARPLC will strongly support the outreach efforts of the USDA/APHIS as outlined in the objectives, purpose and desired results section. Producer awareness is key to the successful implementation of NAIS. The ARLPC will use the USDA suggested print and electronic outreach materials during all awareness meetings. The ARLPC expects to deliver 17,000 brochures over the course of the project. ARLPC will work in concert with ACA, extension staff, and other state agencies to provide face-to-face outreach meetings with premise owners. Other organizations that will be approached for support will be Arkansas Plant Board and Arkansas Soil and Water Commission.
2. The major tool to gain feedback is the number of registered cattle premises in Arkansas. Another tool to measure stakeholder input is the use of survey questions. Cattle producers should be queried after their meetings to determine customer concerns about identification in general. In addition, a survey, with return postage paid, will be mailed to 1% of newly registered premises. The survey will cover owner satisfaction with the information and
LETTER FROM AL&PC EXECUTIVE DIRECTOR PHIL WYRICK TO ARAPA PRESIDENT MICHAEL STEENBERGEN, DATED SEPT. 15, 2006:
Dear Mr. Steenbergen,
In response to your Freedom of Information inquiry, please find enclosed a copy of the letter to the Extension Service concerning engaging their services in our Premises Identification Program. There was no agreement with the CATTLEMEN'S ASSOCIATION for their participation in this effort.
Also enclosed is a copy of our 2006 Cooperative Agreement for the Premises Identification Program.
Your's Truly, Phil Wyrick, Executive Director
NO AGREEMENT WITH THE ARKANSAS CATTLEMEN'S ASSOCIATION?! THAT'S NOT WHAT THE ABOVE AGREEMENT SAYS!
ARKANSAS PREMISE IDENTIFICATION SYSTEM
A. Milestones/time table and performance measures over the course of the twelve-month performance period. ARLPC staff will achieve the following goals. Many of the tasks will begin early in the performance period and extend throughout the year. Several tasks will be completed in the first two-three months so enough time will be available to reach as many owners as possible.
1. Assign database manager to facilitate rapid program development
2. Purchase equipment for data storage
3. Work with ACA and Extension Service to tailer meeting presentations and literature for Arkansas cattle owners.
4. Begin contacting stakeholders requesting facilitator participation.
5. Measurable outcome will be the number of facilitating organizations.
1. Orient staff, ACA and Extension Service and outline strategy and procedures
2. Implement and install USDA-approved software. Beging entering premise registration data.
3. Develop web page with link to registration site. Measurable outcome will be the number of hits on the web page.
4. Participate in ACA and Extension Service orientation meetings. These will be held regionally. Measurable outcome will be the number of meetings held.
1. Begin producer awareness meetings. Measurable outcome will be number of producers attending meetings and the total number of meetings.
2. Begin collection of premise registration, both electronically and by phone. Measurable outcome will be the number of premises registered.
3. Begin measuring customer satisfaction by mail survey of 1% of the registered premises.
1. Provide awareness meetings for non-production premise owners as requested.
2. Some of these meetings may be individual and others in organized groups.
May through November 2005
1. Begin issuing premise identification numbers accompanied by a hard copy card for owner's records. Measurable outcome will be the number of premises registered.
1. Complete phase one; gather data and report findings and results.
Performance measures for the measurable outcomes are as follows:
A. Number of facilitating organizations: 6
B. The goal is to receive about 1,200 - 1,700 hits a month on the web page.
C. The goal is to hold 5 - 10 regional organizational meetings by ACA and Extension Service personnel.
D. The goal is to hold 75 producer awareness meetings with an average of 50 attendees during the performance period.
E. The goal of the project is to register 20,000 cattle producers during the performance period.
F. A survey will be mailed to 1% of the registered premises.
G. Issue premise identification numbers to all registered premises. The goal is 70 - 80% of estimated premises.