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Home My Public Portal Aboutr 19-033Psoluttion of the orough of Carte N. c No. 19-33 Date of Adoption Fehvary 7, 20 19 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; Account #: 9 - O1 - 27 --TX}- 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 2019 at a total cost not to exceed $7,858.00. 2. A copy of this Resolution be forwarded to the Director of Engineering and the Borough's Purchasing Department. Adopted this 7 day of February, 2019 and certified as a true copy of the original on February 8, 2019. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLUD X Jan X DIAZ X K N X DE4�= X NAR1S X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council Fdttaty T 2019 =��' CL R 7325418925 Borough of Carteret S �i I l t� r�•r, I OFFICE OF KATHLEEN M. BARNEY, RMC /CIVIC MUNICIPAL CLERIC 09:20 :32a,m. 01--25 -2019 1/2 PoronA of C�crfers# MIDDLESEX COUNTY TEL (732) 541 -3800 PAX (732) 541 -8925 61 COOKE AVENUE CARTERET, NEW JERSEY 07008 Date: January 25, 2019 To: Patrick DeBlas Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS For: AUTHORIZING AN AGREEMENT FOR CERTAIN ANIMAL AND PLANT HEALTH INSPECTION SERVICES APHIS WITH THE US DEPART NT OF AGRICULTURE. Name of Account: RESOLUTION #t8— r — .3,1 AMOUNT TO BE ENCUMBERED: TOTAL COST NOT TO EXCEED $7,858.00 BILLABLE WITH THE US iviumclpai L;ierx CERTIFICATION OF AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in the current budget to enable the Municipal Council to authorize the entering into a Contract between the Borough of Carteret and; The funds available for this contract are in the Budget, in the account of 00P OUGy O In the amount of: -? y 3 By this certification, I have hereby encumbered the above named account for the amount of the contract pendib Council action. Date: )- f A Patrick DeBlasio Treasurer WS -ER (7 -17) Agreement No.: 19 7234 8050 RA WBS Element:AP.RA.RX3 COOPERATIVE SERVICE AGREEMENT between BOROUGH OF CARTERET and UNITED STATES DEPARTMENT OF AGRICULTURE ((JSDA) ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 The purpose of this Cooperative Service 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 USCA 8351 -7 USCA 8352) as amended, and the Act of December 22, 1987 (101 Stat. 1329 -331, 7 USCA 8353), to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal 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 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: John DuPont 61 Cooke Avenue Carteret, NJ 07008 -3042 APHIS WS: Aaron Guikema, State Director 140 -C Locust Grove Road Pittstown, NJ 08867 -4049 (908) 735 -5654 Ext. 7 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 John 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 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 BOROUGH OF CARTERET. 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). BOROUGH OF CARTERET will begin processing for payment invoices submitted by APHIS WS within 30 days of receipt. 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. FA 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: 1. To conduct activities at BOROUGH OF CARTERET as described in the Work and Financial Plans. 2. To designate to 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 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 BOROUGH OF CARTERET shall have the right to inspect and audit such records. 4. To coordinate with 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 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 BOROUGH OF CARTERET certifies that APHIS WS has advised BOROUGH OF CARTERET that there may be private sector service providers available to provide wildlife management services that 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. 4 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- 6001707_ BOROUGH OF CARTERET IM John DuPont 61 Cooke Avenue Carteret, NJ 07008 -3042 Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES I: Aaron Guikema State Director USDA, APHIS, WS 140 -C Locust Grove Road Pittstown, NJ 08867 -4049 Date 5 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 USCA 8351 -7 USCA 8352) as amended, and the Act of December 22, 1987 (101 Stat. 1329 -331, 7 USCA 8353). 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. Purpose 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. BOROUGH OF CARTERET has employed on their property(s) non - lethal Canada goose management techniques prior to this Agreement and will continue 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 control (e.g., egg addling). In addition, a "no feeding" policy exists at the BOROUGH OF CARTERET property(s). Cel 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 and if applicable, agreed upon neighboring properties after obtaining a Work Initiation Document for Wildlife Damage Management (WS Form 12A): APHIS WS will conduct nest and egg management (egg addling), which inhibits reproduction, to help control the local population and associated problems. Treatment and /or destruction of Canada goose nests and eggs will be conducted throughout the nesting season. Additional site visit(s) will be conducted to determine post- nesting and pre - capture survey numbers. Capture and euthanasia of Canada geese located on above property(s) 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 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, 2019. Effective Dates This Agreement shall become effective on February 1, 2019 and shall expire on September 30, 2019. 7 ATTACHMENT B FINANCIAL PLAN Personnel Costs ........................... ............................... $ 4,014 Travel...................................... ............................... $ 1,367 Vehicle (Fuel & Maintenance) ......... ............................... $ 461 Supplies & Equipment ................... ............................... $ 338 Subtotal (Direct Costs) ................... ............................... $ 6,180 Pooled Job Costs .......................... ............................... $ 680 Indirect Costs .............................. ............................... $ 998 TOTAL ......... $ 7,858 APHIS WS costs are not based on number of nests found or birds captured, but are instead based on the above line items. Minimal costs will be charged for supplies purchased and personnel time already 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 may not exceed $7,858. Billing Cycle: Quarterly BOROUGH OF CARTERET: Name: Financial Point of Contact Patrick J. DeBlasio, CFO Address: 61 Cooke Avenue Carteret NJ 07008 Phone: 732 - 541 -3820 ext 101 Purchase orders, if applicable, should be submitted to APHIS WS contact below. APHIS WS: Lisa L. Spinelli, Budget Analyst USDA APHIS WS 140C Locust Grove Road Pittstown, NJ 08867 -4049 - - - -- Phone: (908) 735 -5654 Ext. 5 Fax: (908) 735 -0821 Email: Lisa.L. Spinellinusda.gov 8