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:
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COMPONENTS: 1. Nest and Egg Treatment 2 Capture and Euthanasia 3 Disease Surveillance
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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
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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 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
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TO: Patrick J. De3jasio, Treasurer
Borough of Ca --
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