HomeMy Public PortalAboutr 11-050of f4j� jov'roil"44 of Tartmt �q. J.
No. 11 -50
Date of Adoption March 3, 2011
AUTHORIZING AN AGREEMENT FOR CERTAIN AtIMMAL AND PLAINT
HEALTH IINSPECTION SERVICES (APHIS) WITH THE US DEPARTN ENT OF
AGRICULTURE
WHEREAS, the Borough of Carteret is desirous of entering into a cooperative
agreement n%ith the US Department of Agriculture for certain Animal and Plant Health
Inspection Services (APHIS)/Wildlife Service(WS); and
WHEREAS, the USDA is willing to enter into such an agreement to provide said specialized
services; and
WHEREAS, the Mayor and the Council have reviewed said proposal; and
WHEREAS, the Chief Financial Officer has certified that funds are or will be available for said
purpose .
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Borough of
Carteret, County of Middlesex, State of New Jersey, as follows:
I. The appropriate Borough Officials are hereby authorized and directed to enter into an
APHIS /WS with the US department of Agriculture for 2011 at a total cost not to exceed
$3,592.00.
2. A copy of this Resolution be forwarded to the Director of Engineering, the Borough's
Purchasing Department.
Ahpted this Std day of Math, 2011
and certified as a tnw cq.)y of die
original an March 4, 2011.
K0I11N M. 8WN' Y, Mr
Mslicipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
W
A.B.
COUNCILMAN
YES
NO
Nv
A.B.
BQLJID
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_ DIAZ
NAM ITS
DDAICIO
SHARZ
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S - Indicate Vote AB-Absent ENV - Nat Voting xOR - Indicates Vote to Overmle Veto
Adopted at a meeting of the Municipal Council
M�rh 3, 2011
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nccormng w me rapenvorrc nemucuon Mot or lvvo, an agency may not conauct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0579 -0335. The time I OMB Approved
required to complete this information collection is estimated to average .059 hours per response, including the time for reviewing instructions, 0579 -0335
searching existing data sources, gathering and maintaining the data needed, and comolefino and reviewing the rnllerfinn of infnrmarinn
UNITED STATES DEPARTMENT OF AGRICULTURE
TELEPHONE NUMBER
ADDRESS
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
1
2. 12 20
WILDLIFE SERVICES
f 12010
Work Initiation
60 Cook e Avenue
Carteret, NJ 07008 -3042
MM DD YYYY
WORK INITIATION DOCUMENT FOR WILDLIFE DAMAGE MANAGEMENT
Document Number
3. TYPE OF WORK INITIATION DOCUMENT (mark all that app /y):
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❑ Private Property El Temporary Q Non - Private Property Assign to These Special Groups a
U
y
b.
❑ Adjacent Landowner ❑ Amendmenttoa ❑ Amendment to Existing C.
ND TITLE AP )
Work Initiation Doc. Work Initiation Doc. d
TELEPHONE NUMBER
4. Cooperators Name Borough of Carteret
Last First Middle
5. Cooperator's Address 60 Cooke Avenue Carteret
Street city
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Where will work be performed?
(give addressor drec6ons, ifdiNerent Tram above) designated p arks and Borough of Carteret properly
worm
6. Business /FarmfRanch/or Common Name 7, NJ 07008 -3042
stale ZJPCode
(908) 623 -7409
8. Owners or Representative's Name Tony Naibeft g, 732_259 -0423 -
I
(Ifdiflerentfrom Cooperators) Cooperator Telephone Number
10. Owners or Representative's Address
(if different from Cooperators) Street city State ZIPCoda
11, WS Employee and Work Location
12. Land Class Information:
13. Adjoining Property Work
14. Species Information:
Information:
Land Class Acres
Information Document Number(s):
Kim Gudavich
1
1
1 Canada goose
..r
WS Employee Name
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2.
2.
2.
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Middlesex
3.
3.
3.
y
County
4.
4.
4.
Teal Acres
NJ
15. If box is checked, alachment
❑
State
lists additional species. '
16. In consideration of the benefits to be derived from the proper management of damage caused by those spades listed in Section 3Item 14. (and Item 15., if applicable), 1, the
undersigned cooperator or cooperators representative, do hereby give my consent and concurrence to the Animal and Plant Health Inspection Serves (APHIS)(to include its officials,
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employees, and agents) to use, upon lands owned, leased, or otherwise controlled by me, and Identified by this Work Initiation Document, the following methods and devices:
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COMPONENTS: 1. Nest and Egg Management 2 Harassment 3 Capture and E u t hanasia
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4 Disease Surveillance 5. 6.
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❑ If box Is marked, an attachment lists additional methods or devices.
17. I, the cooperator or cooperators representative, have been informed of the methods and the manner in which the control materials and devices listed in Section 4 will
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be used, and of the possible hazards associated with their use. I understand that APHIS, (lo include its officers, employees and agents) will: exercise reasonable
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precautions to safeguard all persons to prevent injury to animal life other than those listed in Section 3, Item 14. and Item 15., if applicable);
( ppl' ); guard against the mishandling
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of control devices and materials; and exercise due caution and properjudgment In all wildlife damage management operations. I understand that APHIS, WS, will maintain
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restricted use pesticide application records on applications made under the Work Initiation Document, and that APHIS, WS, will provide copies of the records or record
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information promptly upon the property owners orceopemtors request. I understand that APHIS may collect Global Positioning System (GPS) coordinates at the project
site as part of component or activity tracking oras wildlife disease monitoring or research data.
18. Inconsideration of these understandings and of the benefits to be derived, 1, the cooperator orcooperators representative, agree to: take reasonable precautions to
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prevent injury to livestock and other domestic animals; assume responsibility for injury to my property under my control, when said injury is not the resultof negligence on
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the part of APHIS; assist in maintaining such yarning signs as APHIS may place for the purpose of notifying persons entering onto such lands of the possible hazards
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associated with wildlife damage management measures in use thereon; and to give adequate warning of these possible hazards to persons 1 authorize to enter onto such
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lands. Further, in recognition of the benefits to be derived from the use of specified methods and devices authorized by this Work Initiation Document, L the cooperatoror
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cooperators representative, agree not to concurrently use or allow to be used upon lands covered by this Work Initiation Document, any toxic material that might
reasonably be expected to take a species listed above in Section 3, Item 14. and Item 15., if applicable) unless such use of said toxicant is agreed to by APHIS in writing.
SPECIAL CONSIDERATIONS:
SIGNATURE AND TITLE (Landowner, Lessee, orAdministrator)
TELEPHONE NUMBER
ADDRESS
(732) 259 -0423
60 Cook e Avenue
Carteret, NJ 07008 -3042
4 DATE
SIGNATU E
ND TITLE AP )
ep a a' e)
TELEPHONE NUMBER
ADDRESS
320 Corporate Blvd.
(908) 623 -7409
Robbinsville, NJ 08619
I
12/20/10
WS FORN112A
MAR 2010
WS-ER (II/09)
Agreement No.:
Accounting Code:
COOPERATIVE SERVICE AGREEMENT
between
BOROUGH OF CARTERET
and
UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1
The purpose of this Cooperative Service Agreement (Agreement) is to cooperate in a
wildlife damage management project as described in the attached Work Plan (Attachment
A).
ARTICLE 2
APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7
U.S.C.426 -426b) as amended, and the Act of December 22, 1987 (10IStat. 1329 -331, 7
U.S.C. 426c), to cooperate with States, local jurisdictions, individuals, public and private
agencies, organizations, and institutions while conducting a program of wildlife services
involving manurial 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
APHIS WS and the Borough of Carteret mutually agree:
1. The parties' authorized representatives who shall be responsible for carrying out the
provisions of this Agreement shall be:
BOROUGH OF CARTERET:
Tony Naibert
60 Cooke Avenue
Cateret, NJ 07008 -3042
Phone #: (732) 259 -0423
APHIS WS:
Wendy Anderson, State Director
140 -C Locust Grove Road
PittstoNvn, NJ 08867 -4049
2. To meet as determined necessary by either party to discuss mutual program
interests, accomplislnnents, needs, technology, and procedures to maintain or amend
the Work Plan. Personnel authorized to attend meetings under this Agreement shall
be Tony Naibert or his designee, the State Director or her designee, and/or those
additional persons authorized and approved by Tony Naibert and the State Director.
APHIS WS shall perform services more fully 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.
ARTICLE 4
Borough of Carteret agrees:
To authorize APHIS WS to conduct direct management activities to reduce human
health and safety risks and property damage associated with Canada geese. These
activities are defined in the Work Plan. APHIS WS will be considered an invitee
on the lands controlled by the Borough of Carteret. The Borough of Carteret will
be required to exercise reasonable care to warm APHIS WS as to dangerous
conditions or activities in the project areas.
To reimburse APHIS WS for costs of services provided under this Agreement up to
but not exceeding the amount specified in the Financial Plan (Attachment B). The
Borough of Carteret twill begin processing for payment invoices submitted by
APHIS WS within 30 days of receipt. The Borough of Carteret ensures and
certifies that it is not currently debarred or suspended and is free of delinquent
Federal debt.
3. To designate to APHIS WS the Borough of Carteret authorized individual whose
responsibility shall be the coordination and administration of activities conducted
pursuant to this Agreement.
4. To notify APIIIS WS verbally or in writing as far in advance as practical of the date
and time of any proposed meeting related to the program.
5. APHIS WS shall be responsible for administration and supervision of the program.
6. All equipment purchased for the program is and will remain the property of APHIS
WS.
To coordinate with APHIS WS before responding to any media requests involving
APHIS WS activities related to the program.
8. To obtain the appropriate permnits for removal activities for Canada geese and list
APHIS WS as a subpemnitee.
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ARTICLE 5
APHIS WS agrees:
1. To conduct activities at the properties designated and managed by the Borough of
Carteret as described in the Work and Financial Plans.
2. Designate to the Borough of Carteret the authorized APHIS WS individual who
shall be responsible for the joint administration of the activities conducted pursuant
to this Agreement.
3. To bill the Borough of Carteret for actual costs incurred by APHIS WS during the
performance of services agreed upon and specified in the Work Plan. APHIS WS
shall keep records and receipts of all reimbursable expenditures hereunder for a
period of not less than one year from the date of completion of the services
provided under this Agreement and the Borough of Carteret shall have the right to
inspect and audit such records.
4. To coordinate with the Borough of Carteret before responding to any media
requests involving APHIS WS activities related to the program.
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 Rinds for a finite period under a Continuing
Resolution.
ARTICLE 7
APHIS WS assumes no liability for any actions or activities conducted under this
Cooperative Service Agreement except to the extent that recourse or remedies are provided
by Congress under the Federal Toro 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 Borough of Carteret certifies that APHIS WS has advised the Borough of Carteret that
there may be private sector service providers available to provide wildlife management
services that the Borough of Carteret 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 environmental 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.
ARTICLE 12
This Cooperative Service Agreement may be amended at any time by mutual agreement of
the parties in writing. 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 120 days prior to effecting such action. Further, in the event the Borough of
Carteret does not provide necessary Rinds, 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.
Borough of Carteret Taxpayer Identification Number (TIN) 22- 6COi707
BOROUGH OF CARTERET:
BY: p
�xib art Mayo- ha d J. Kc�n�sn�
60 Cooke Avenue
Carteret, NJ 07008 -3042
Date
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
1�%1117J/ iyDT.`7JD � c"-l9
Wendy Anderson Date
State Director - NJ
USDA APHIS WS
140 -C Locust Grove Road
Pittstown, NJ 08867 -4049
ATTACHMENT A
WORK PLAN
Introduction
The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service
(APHIS) is authorized to protect American agriculture and other resources from damage
associated with wildlife. The primary authorities for APHIS' Wildlife Services (APHIS
WS) program are the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426 -426b) as amended,
and the Act of December 22, 1987 (101Stat. 1329 -331, 7 U.S.C. 426c). APHIS WS
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. IWDM is
described in Chapter 1, 1 -7 of the Animal Damage Control Program Final Envhomnental
Impact Statement (USDA, 1997). These methods include the alteration of cultural
practices as well as habitat and behavioral modification to prevent damage. However,
managing wildlife damage may require that the offending anirrral(s) be removed or that the
populations of the offending species be reduced.
Propose
The IWDM project will be directed at reducing Canada goose damage to human health and
safety and property at the Borough of Carteret properties, located in Middlesex County, NJ.
Canada goose presence on the Borough of Carteret properties results in accumulation of
feces (nuisance, potential human health concerns), grazing of lawns, aggressive behavior of
geese during the nesting season (potential human safety problems), creation of traffic
hazards on roadways, hazards to aviation and other problems that affect the quality of life
for residents and employees at the surrounding Borough of Carteret properties.
Planned APHIS WS Activities
APHIS WS biological personnel will conduct operational activities which include:
Treatment and/or destruction of Canada goose nests and eggs throughout the nesting season
at 7 -14 day intervals. Site visits will be conducted to determine post - nesting and pre-
capture survey numbers. Capture and euthanasia of Canada geese located on the Borough
of Carteret properties will occur one day during the molt period in June or July. APHIS WS
and the Borough of Carteret will determine if other capture methods such as carrion nets,
bow nets, alpha- chloralose and/or other proposed methods as agreed upon by both parties,
are appropriate outside of the molting period. At the Borough of Carteret's request,
management of other waterfowl species will be carried out by APHIS WS. Geese are
euthanized in accordance with recommendations by the American Veterinary \Medical
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Association and APHIS WS policy. When applicable, euthanized geese will be sampled
and tested for disease research purposes. Geese will be disposed of as permitted by the
U.S. Fish and Wildlife Service (USFWS), by burial, incineration and /or donation for non-
human consumption. APHIS WS will provide a written report summarizing Canada goose
management pursuant to this agreement no later than December 31, 2011.
Effective Dates
This Cooperative Service Agreement shall become effective on January 1, 2011 and shall .
expire on December 31, 2011.
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ATTACHMENT B
FINANCIAL PLAN
Personnel Costs
Vehicle Usage
Supplies
Travel
Equipment Capitalization Cost
Program Support
$ 4,563
$ 947
$ 328
$ 1,267
$ 493
$ 994
TOTAL$ 8,592
APHIS WS costs are not based on number of nests found or the numbers of geese captured,
but are instead based on the above line items. 1Vlinim costs will be charged for supplies
purchased and personnel time already expended in regards to the terns of this agreement,
should a capture be deemed as unnecessary. The distribution of the budget fiom this
Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may
not exceed $ 8,592.
Financial Point of Contact
BOROUGH OF CARTERET: rAfbt9W. Q
? at- 6g( -3aX0 CIOT Xm t
Phone
APHIS WS: Lisa Spinelli
Budget Analyst
(908) 735 -5654 Ext. 5
Phone