**06-9xxx-xxxx-CA**

**COOPERATIVE AGREEMENT**

**BETWEEN**

*INSERT COOPERATING ORGANIZATION'S NAME*

**AND THE**

**UNITED STATES DEPARTMENT OF AGRICULTURE**

**ANIMAL AND PLANT HEALTH INSPECTION SERVICE**

**VETERINARY SERVICES**

**FOR**

**- Interim/Development Phase -**

**Integration of Private and State Animal Tracking Databases (ATD) with
the**

**National Animal Identification System (NAIS)**

This Cooperative Agreement (CA) is between the Animal and Plant Health
Inspection Service, Veterinary Services, United States Department of
Agriculture (USDA), hereinafter referred to as "APHIS" and *[Name of
Organization]{.underline}*, hereinafter referred to as the
\"Organization.\"

ARTICLE 1 -- PURPOSE

The purpose of this CA is to facilitate the deployment of an information
technology infrastructure that will enable animal health officials to
access animal identification, tracking, and movement data from data sets
other than those maintained by the Federal government as necessary to
support animal disease control and eradication programs of pests or
diseases to protect all livestock, i.e., all farm-raised animals, in the
United States. This agreement assists in implementing an
interim/development phase to enable private organizations and States
with systems that meet minimum requirements to participate in the
development of the infrastructure for the timely advancement of the
National Animal Identification System (NAIS).

ARTICLE 2 - BACKGROUND

As part of its ongoing efforts to safeguard U.S. animal health, USDA
initiated the implementation of the NAIS in 2004. The NAIS is a
voluntary cooperative State-Federal-industry program administered by
USDA's APHIS. The main objective of the NAIS is to develop and implement
a comprehensive information system, which will support ongoing animal
disease programs with the goal of enabling State and Federal animal
health officials with the capability to identify all animals and
premises that could have been exposed to a pest or disease agent of
concern within 48 hours after initial discovery. The animal movement
tracking information will be managed by the private sector and States
and participants can test the system and offer feedback to help ensure
that practical solutions evolve.

ARTICLE 3 - AUTHORITIES

The Animal Health Protection Act (AHPA) authorizes the Secretary of
Agriculture (and thereafter as delegated to APHIS) to carry out
operations and measures to control or eradicate any pest or disease of
livestock (7 U.S.C. 8308). Section 10411 of the AHPA, 7 U.S.C. 8310,
authorizes the Secretary to cooperate with other Federal agencies,
States or political subdivisions of States, national or local
governments of foreign countries, domestic or international
organizations or associations, Indian Tribes, and other persons.
Additionally, the Secretary is authorized, pursuant to 7 U.S.C. 2279g,
to use cooperative agreements to reflect a relationship with a
cooperator to carry out programs to protect the nation\'s animal and
plant resources. In Title 9 of the *Code of Federal Regulations*, parts
1 to 199, are the APHIS disease control program regulations which have
requirements for the identification, under certain circumstances, of
specified animals.

ARTICLE 4 - MUTUAL ACKNOWLEDGMENTS

The Organization and APHIS acknowledge that complete, accurate, and
timely animal tracking/movement information is needed to support animal
disease management programs and will work collaboratively to support the
successful integration of private and State animal tracking databases
into the NAIS. The parties to this CA acknowledge that the focus of the
NAIS is to support animal disease management programs administered by
APHIS and carried out cooperatively with States. The parties also
acknowledge that the Animal Trace Processing System (ATPS) will be
utilized by both Federal and State animal health officials to submit
queries to the Animal Tracking Databases (ATDs) when necessary to
control or eradicate disease. The parties further acknowledge that the
purpose of, and information maintained by, the Organization's
information system may exceed the criteria of the NAIS, since such
information and related programs are specific to that of the
Organization.

ARTICLE 5 - APHIS RESPONSIBILITIES

APHIS is responsible for development, supervision, and maintenance of
the ATPS to support the integration of multiple animal tracking
databases and will:

> 1\. Establish, maintain, and update the data requirements and system
> specifications required of databases for participation in this interim
> phase of developing private and State ATDs that support the NAIS;
>
> 2\. Evaluate the information systems of the Organization to ensure
> that they maintain compliance with the minimum criteria for
> participation;
>
> 3\. Post and update the names of each Organization that meets the
> defined minimum criteria and is participating in this
> interim/development phase;
>
> 4\. Conduct defined test exercises periodically with participating
> Organizations;
>
> 5\. Provide the Organization tested with the results of test
> exercises; and
>
> 6\. Submit queries to the Organization when suspicion or diagnosis of
> an animal health issue triggers the need for animal identification,
> tracking, and movement information.

ARTICLE 6 -- ORGANIZATION RESPONSIBILITIES

The Organization will maintain an information system that will provide
the traceback and trace forward information for animal health officials
to manage the animal disease programs. Any Organization having an ATD
that meets the minimum criteria of this interim/development phase and
elects to participate in this interim phase agrees to:

1.  Implement and maintain its system in accordance with all the
    required specifications defined in the document, "Integration of
    Private and State Animal Tracking Databases -- Interim Phase;"

2.  Coordinate with APHIS to make appropriate system changes to meet
    additional specifications;

3.  Submit metadata electronically to the ATPS in accordance with APHIS
    protocols;

4.  Participate in test exercises when requested by APHIS, and, without
    charge to APHIS, provide APHIS with statistics and other related
    information as requested periodically on the number of records
    maintained in its system to enable APHIS to determine national
    participation in and other information regarding the NAIS;

5.  Process queries and supply data for animal identification and
    movement data, when needed to control or eradicate a disease, to
    APHIS in accordance with APHIS protocols and without any charge to
    APHIS for all such actions;

6.  Transfer, without receiving any compensation for such transfer, all
    of its data necessary for control or eradication of disease to
    APHIS, or to a private organization authorized by APHIS to receive
    such transfer, in the event that the organization for whatever
    reason dissolves itself, ceases to operate or conduct business,
    and/or entirely discontinues its involvement in providing
    information systems, ATD, or any other activity directly related to
    the information technology infrastructure being developed to obtain
    animal identification, tracking and movement data;

7.  Authorize APHIS, and others authorized by APHIS, to exercise for
    Federal Government purposes, royalty-free and non-exclusively, any
    intellectual property rights it may claim in its data and
    information system; and

8.  Acknowledge that it is responsible for ensuring that it has the
    legal right and authority to make its data and information system
    available to APHIS when necessary to control or eradicate a disease
    and other authorized users, and that, to the best of its knowledge,
    its data and information system do not infringe any patent,
    copyright, or other proprietary right of any third party.

    ARTICLE 7 - STATEMENT OF NO FINANCIAL OBLIGATION

    Each signatory party is to use and manage its own funds in carrying
    out the purpose of this CA.

    ARTICLE 8 - LIMITATIONS OF COMMITMENT

Participation in this interim phase and CA does not guarantee that the
Organization's system will meet the requirements that define a NAIS
Compliant Animal Tracking Database. The Organization must accurately
state that their participation in this interim phase is as an \"Interim
ATD Participant\" in the NAIS and that they will not promote or imply
that their system is a NAIS Compliant ATD. The Organization, as a result
of participating in this interim phase and CA, is not obligated to
provide a "NAIS Compliant Animal Tracking Database."

APHIS' participation in this CA and any continuation or extension by
APHIS thereof shall be contingent upon the availability of funds
appropriated by the Congress of the United States. It is understood and
agreed that any monies allocated for purposes covered by this CA shall
be expended in accordance with its terms and the manner prescribed by
the fiscal regulations and/or administrative policies of the party
making the funds available.

APHIS does not warrant that the Organization's participation in the
program will not infringe any patents, copyrights, or other intellectual
property. APHIS does not authorize or consent to any such infringement,
and does not indemnify the Organization against liability for any such
infringement. APHIS will not be liable to the Organization or to any
third party for any such infringement.

ARTICLE 9 - CONGRESSIONAL RESTRICTION

Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall
be admitted to any share or part of the CA or to any benefit to arise
therefrom.

ARTICLE 10 - AMENDMENTS

This CA may be amended at any time by mutual agreement of the parties in
writing.

ARTICLE 11 - TERMINATION

This CA may be terminated by either party upon sixty (60) days written
notice to the other party. However, if the Organization fails to make
timely system changes to meet additional specifications set by APHIS
pursuant to Article 6.2, following notification to the organization of
such failure to make the required changes, APHIS thereafter has the
option of immediately terminating the CA with written notice to the
organization.

ARTICLE 12 -- ENTIRETY OF THE AGREEMENT

This Agreement sets forth the entire agreement and understanding between
the parties, and the parties agree that any other prior or
contemporaneous representations or understandings not explicitly
contained in this CA, whether written or oral, have no legal or
equitable value, force, or effect.

ARTICLE 13 - EFFECTIVE DATE AND DURATION

Once signed by the respective signatories, this CA will be in effect
through September 30, 2006, and can be renewed annually thereafter on a
fiscal year basis.

*Insert Organization's Name*

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_

*Insert Name and Title of signatory* *for the Organization*

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

VETERINARY SERVICES

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dr. John Clifford, Deputy Administrator, APHIS, VS