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HomeMy Public PortalAboutr 15-042Ponluffinc nC the !Evrr»aer� of garteret, �C J. No. 15-42 Date of Adoption R&nia 26, 2M AUTHORIZING AN AGREEMENT FOR CERTAIN ANIMAL AND PLANT HEALTH INSPECTION SERVICES (APHIS) WITH THE US DEPARTMENT OF AGRICULTURE WHEREAS, the Borough of Carteret is desirous of entering into a cooperative agreement with 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 Borough Council have reviewed said proposal; and WHEREAS, the Chief Financial Officer has certified that the funds are or will be available for said purposes; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, as follows: 1. The appropriate Borough Officials are hereby authorized and directed to enter into an APHIS /WS with the US Department of Agriculture for 2015 at a total cost not to exceed $8,608.00. 2. A copy of this Resolution be forwarded to the Director of Engineering and the Borough's Purchasing Department. Adopted this 26" day of February, 2015 and certified as a true copy of the original on February 27, 2015, KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. X DIAZ X ix X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vae to Overrule Veto Adopted at a meeting of the Municipal Council ; FelxUary 26 , 2M USDA ME United States December 19, 2014 Department of Agriculture Animal and Plant Health Dear Cooperator: Inspection Service We look forward to assisting with your integrated Canada goose management in Wildlife Services 2015. Enclosed you will find the following documents for review: 350 Corporate Blvd R NJ 1. Work Initiation Document for Wildlife Damage Management (WS Form 12A) 2. Cooperative Service Agreement (3 copies) P- (609) 259 -5254 F- (609) 259 -5241 Please sign and date all three copies of the agreement as well as one copy of the WS Form 12A. A tax identification number must be provided on the agreement's signature page, in order for this agreement to be executed. Please also complete the financial contact information on the last page. Return all three signed co of the agreement and one signed copy of the WS Form 12A using the enclosed self - addressed envelope by February 1, 2015 or mail to the following address: USDA APHIS Wildlife Services Attn: Kimberly Clapper 350 Corporate Blvd Robbinsville, NJ 08691 A fully executed agreement with original signatures will be returned to you. If you have any questions, feel free to call me at (908) 623 -7409. Si rely, Kimberly Clapper Wildlife Biologist ANTS Safeguarding American Agriculture Federal Relay Service APHIS is an agency of USDA's Marketing and Regulatory Programs (Voice/TTY /ASCII /Spanish) An Equal opportunity Provider and Employer 1- 800 - 877 -8339 nummng ro me raperworK Keoucuon Act of taus, an agency may not conduct or sponsor, and a person is not required to respond to, a colt information unless It displays a valid OMB control number. The valid OMB control number for this Information collection Is 0579 -0335. The thr required to complete this Information collection is estimated to average .059 hours per response, Including the time for reviewing Instructions, searchi - ti d f OMB Approved 0579 -0335 n ews no a a sources gathering and maintaining the data needed, and wmplerng and reviewing the collection of Information. ADDRESS UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE 1 2 12 y 19 2014 WILDLIFE SERVICES f Work Initiation Document Number WORK INITIATION DOCUMENT FOR WILDLIFE DAMAGE MANAGEMENT MM DD YYYY ADDRESS 3. TYPE OF WORK INITIATION DOCUMENT (mark all that appty): 0 a. ❑Private Property El Temporary ❑✓ Non - Pdvate Property Assign to These Special Groups v H b. ❑ Adjacent Landowner ❑ Amendment to ❑ Amendment to Existing c. Work Initiation Doc. Work Initiation Dec. d Robbinsville, NJ 08691 4. Cooperators Name Borough of Carteret Last First Middle 5. Cooperator's Address 61 Cooke Avenue Carteret Street City ° j Wnere will work be performed? 0 (give addr ess or directions, If different above) Designated Borough areas W 6. Business /FarmlRanchlor Common Name 7 NJ 07723 - 0041 Stale ZIPCode 8. Owners or Representative's Name John DuPont 9 732- 541 -3847 (Ifdiffemrf from Cooperators) Cooperator Telephone Number 10. Owners or Representative's Address (if different from Cooperator's) Street City State ZIPCode 11. WS Employee and Work Location 12. Land Class Information: 13. Ad Property Work 14. Species Information: Information: Land Class Acres Information Document Number(s): Kimberly Clapper 1_ 1. 1. Canada goose ro M Empbyee Name Z 0 2. 2. 2. N Middlesex 3 3 3 County 4. 4. 4. Taal Acres New Jersey . If box is checked, attachment Slate ❑ lis additcnal species. 16. In consideration of the benefits to be derived from the proper management of damage caused by those species listed in Section 311em 14. (and Item 15., If applicable), ],the undersigned cooperator or cooperators representative, do hereby give my consent and concurrence to the Animal and Plant Health Inspection Service (APHIS) (to Include its officials, a employees, and agents) to use, upon lands owned. leased, or olhenMse controlled by me, and identified by this Work Initiation Document, the following methods and devices: g COMPONENTS: 1. Nest and Egg Treatment 2 Capture and Euthanasia 3 Disease Surveillance W 4' S. 8. ❑ It box is marked, an attachment lists additional methods or devices. W. ],the cooperator orcooperators representative, have been Informed of the methods and the manner in which the control materials and devices listed in Section 4 will m be used, and of the possible hazards associated with their use. I understand that APHIS, (to Include its officers, employees and agents) will: exercise reasonable 0 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); guard against the mishandling F of control devices and materials; and exercise due caution and properjudgmenl in all wildlife damage management operations. I understand that APHIS, WS, will maintain w 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 y Information promptly upon the property owners or cooperators request I understand that APHIS may collect Global Positioning System (GPS) coordinates at the project site as part of component or activity tracking or as wildlife disease monitoring or research data, - -- - -— - -- - -- - -- 18. In consideration of these understandings and of the benefits to be derived, 1, the cooperator or cooperators representative, agree to: take reasonable precautions to Z prevent Injury to livestock and other domestic animals; assume responsibility for injury to my property under my control, when said injury is not the result of negligence on 0 the part of APHIS; assist in maintaining such warning signs as APHIS may place for the purpose of notifying persons entering onto such lands of the possible hazards associated with wildlife damage management measures in use thereon; and to give adequate warning of these possible hazards to persons I authorize to enter onto such W lands. Further, in recognition of the benefits to be derived from the use of speed methods and devices authorized by this Work Initiation Document, 1, the cooperstoror 0 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 masonablv be expected to take a s ecles listed above in Section 3, Item 14. and Item 15., if applicable) unless such use of said toxice in is agreed to by APHIS In writing. SPECIAL CONSIDERATIONS: SIGNATURE AND TITLE (Landowner, Lessee, orAdm1nistmto6 TELEPHONE NUMBER ADDRESS DATE 61 Cooke Avenue - 732 - 541 -3847 Carteret, NJ 07008 IGN EAN ITLE (APHIS Represenfetiv TELEPHONE NUMBER ADDRESS DATE 350 Corporate Blvd. 908- 623 -7409 Robbinsville, NJ 08691 12/19/14 R WS FORM 12A v' MAR 2010 WS-ER (6/14) Agreement No.: 15 7234 8050 RA WBS Element: AP.RA.RX34.72.0092 COOPERATIVE SERVICE AGREEMENT between BOROUGH OF CARTERET and UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) /:1.l�[L ST9*1 The purpose of this Cooperative Service Agreement (Agreement) is to assist in a Canada goose 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 mammal and bid 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: APHIS WS: John DuPont State Director 61 Cooke Avenue 140 -C Locust Grove Road Carteret, NJ 07008 -3042 Pittstown, NJ 08867 -4049 Phone #: (732) 541 -3847 (908) 735 -5654 2. To meet as determined necessary by either party to discuss mutual program interests, accomplishments, needs, technology, and procedures to maintain or amend the Work Plan (Attachment A). Personnel authorized to attend meetings under this Agreement shall be Jolm DuPont or his designee, the State Director or his/her designee, and /or those additional persons authorized and approved by John DuPont and the State Director. 3. 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 The BOROUGH OF CARTERET agrees: To authorize APHIS WS to conduct direct control 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 warn APHIS WS as to dangerous conditions or activities in the project areas. 2. 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 will 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 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, 5. APHIS WS shall be responsible for administration and supervision of the program. 6. 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 solely on this project. All other equipment purchased for the program is and will remain the property of APHIS WS. 7. To coordinate with APHIS WS before responding to any media requests involving APHIS WS activities related to the program. ARTICLE 5 APHIS WS Agrees: To conduct activities at the BOROUGH OF CARTERET as described in the Work and Financial Plans. 2. To 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. 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. 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 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 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 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 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. 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 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. BOROUGH OF CARTERET Taxpayer Identification Number (TIN) BOROUGH OF CARTERET: BY: John DuPont Date 61 Cooke Avenue Carteret, NJ 07008 -3042 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES BY: State Director Date USDA APHIS WS 140 -C Locust Grove Road Pittstown, NJ 08867 -4049 ATTACHMENT A WORK PLAN Introduction The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and other resources from damage associated with wildlife. The primary authorities for USDA's Animal and Plant Health Inspection Service (APHIS), Wildlife Services program (WS) 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 (10IStat. 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 Environmental 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 animal(s) be removed or that the local populations of the offending species be reduced. Pur ose The wildlife damage management program at the BOROUGH OF CARTERET (Middlesex County, NJ) will be directed primarily at reducing human health and safety risks and property damage associated with Canada geese. Canada goose presence on the BOROUGH OF CARTERET property(s) can result in accumulation of feces (nuisance, potential human health concerns, lower water quality), consumption of turf or vegetation, aggression during the nesting season (potential human safety problems), creation of hazards on roadways or to aviation, and /or other problems that affect the quality of life for residents, patrons and/or employees. The BOROUGH OF CARTERET has employed non - lethal Canada goose management techniques on their property(s) prior to this Agreement, and will continue to employ non- lethal techniques in the future. Non - lethal techniques include, but are not limited to: harassment, exclusion (e.g., fencing), habitat modification, visual deterrents and /or reproductive management (e.g., egg addling). In addition, a "no feeding" policy exists at the BOROUGH OF CARTERET. Planned APHIS WS Activities APHIS WS Wildlife Biologists and Specialists, who have been trained in wildlife damage management, will conduct operational activities described below at the BOROUGH OF CARTERET property(s) and if applicable, agreed upon neighboring properties after obtaining a Work Initiation Document for Wildlife Damage Management (WS Form 12A): Nest and egg management (egg addling) will occur throughout the nesting season (March - May). Treatment and /or destruction of Canada goose nests and eggs will be conducted during multiple site visits at 7 -14 day intervals. Additional site visits will be conducted to determine post- nesting and pre - capture survey numbers. Capture and euthanasia of Canada geese located on above property 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 cannon 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. Birds are euthanized in accordance with recommendations by the American Veterinary Medical Association and APHIS WS policy. When applicable, euthanized wildlife will be sampled and tested for disease research purposes. Euthanized wildlife 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 conduct activities and record take under a USFWS Migratory Bird Depredation Permit issued to the APHIS WS program. APHIS WS will provide a written report to the BOROUGH OF CARTERET, summarizing Canada goose management pursuant to this Agreement, no later than September 30, 2015. Effective Dates This Agreement shall become effective on February 1, 2015 and shall expire on September 30, 2015. ATTACHMENT B FINANCIAL PLAN PersonnelCosts ........................... ............................... Vehicle (Fuel & Maintenance) ......... ............................... Travel...................................... ............................... Supplies & Equipment ................... ............................... Subtotal (Direct Costs) .................. ............................... PooledJob Costs .......................... ............................... IndirectCosts ............................. ............................... TOTAL ......... $4,470 $789 $1,324 $187 kin $745 $1,093 $8,608 APHIS WS costs are not based on the number of nests found or the number of geese removed, but is instead based on the above line items. Minimal costs will be charged for supplies purchased and personnel time expended in regards to the terms of this Agreement, should activities be deemed as unnecessary. The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this Agreement, but will not exceed $8,608. Billing Cycle: Quarterly BOROUGH OF CARTERET: Name: Address: Phone: APHIS WS: Financial Point of Contact Lisa L. Spinelli, Budget Analyst Phone: (908) -5654 Ext. 10 Fax: (908) 735-0821 Email: Lisa.L.Spinelli .aphis.usda.gov 4a "'C COUNrl a 071 OF ZIN h�. P,,N jacjf(: ?'IUNICIPAL CL-,-RX� J TEL (732) 541- FA'� (739) 541.3925 6 1 COOKE -A- C4 R'1 ,\[EW j EjZS: EyotooS • Fdyamy 19, 205 TO: Patrick J. De3jasio, Treasurer Borough of Ca -- P-EO UEST FOR CER71 Liq 'A C — T1.0 0 F A VA LE FUM. DI S: Fo r-: - xe ffnEnt for Certain Anfi, -" pl Hoolth Illsp for SerAces (AHO)- with Qg U.S. Department Of Agriculb-ire AASO UR-T TO BE E-Mrmm-p. V 0 1, Treasurer Of the Borough o f . I - Ca: do' cer7df - f u that Cheri afe SuEcient d: nizenn- i a coll h I e B Oroq ch OF Ca eCct s con r ac in the Arnourl.t o- v,9', are ff] L M LO he account or . By-this ctf I h . aye her I aby cncum bered the above named accouric C( 6 an Of Lhc contact. tLf qK DcB I AS T o, Treasurer D I