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HomeMy Public PortalAboutr 20-201poolutio n of #he Poroqh of Tarr d, X� J, #20 -201 Date of Adoptio December 30 2020 AUTHORIZING AN AGREEMI';NT 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 #: 0- 01 -27- 340 -299 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 2021 at a total cost not to exceed $7,597.00. 2. A copy of this Resolution be forwarded to the Director of Engineering and the Borough's Purchasing Department. Adopted this 30 day of December, 2020 and certified as a true copy of the original on December 31, 2020. CARMELA POGORZELSKI Acting Municipal Clerk RECORD OP COUNCIL VOTE COUNCILMAN YES NO NV A.B. - COUNCILMAN YES NO NV A.B. DELLINO X JONAL X DIAZ X KRUM X DIMASCIO X NAPLES X X- Indicate Vote AB- Absent NV -Not Voting XOR -Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council ;7 Decem er 30 2020 ) ,GLxug eNpluxpol uxerK t... %, 2020 12:07PM No. 1192 P. 1 BOROUGH OF CARTERET • . Daniel ACTXNG MUNICXM CLERK To: Patrickj. DeBlasio, Treasurer Borough of Gattecet REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS; Pox; AUTHORIZING AGREEMENT FOR CERTAIN ANIMAL AND TLANT HEALTH INSPECTION SERVICES (APHIS) WITH THE US DEPARTMENT OF AGRICULTURE. Name of Account; _�0 DEPARTMENT OF AGRICULTURC Amount to be encumbered: Resolutions #20 -201 uYtYYYYNNY ■ ■YYNNYI�Y�YNN huh YYNY ■YYLYN YNNYYkYYYNNktN ■YYYYY•N�YYYpk�NNNYY■ CER'TWICAMN OF AVAMABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are suf 'jent filnds available in the current budget to enable the Borough Council to autltortze dle •entaing Into a contract between the Borough of Carteret and: the funds available fox thle contract are in the budget, in the account of; in the amount of.. Sri 7 a,? B} this ceafficatlon, I have hereby encumbered. the above named account for the amount: oEChe contract pending Council action. Pa DeBlaeio, Treasurer Date; Memoxia1Munir4a1&W(Rng • 61CookeAvenae U Carteret,RowJer8eymo8 7b1s782 -54i 88oD 0 .Fax:732- 541-8925 • 3=99uloatnd According to (he Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. 7ha valid OMB control number for this information collection is 0579- 0335. The time required to complete this information collection is estimated le average 059 OMB Approved hours pee response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection 0579 -0335 ofinformatlon. UNITED STATES DEPARTMENT I RE W INITIATION DOCUMENT FOR ANIMAL AND PLANT HEALTH INSPECTION SER SERVICE �� WILDLIFE DAMAGE MANAGEMENT WILDLIFE SERVICES 1, WORK INITIATION DOCUMENT NUMBER i 2. STATUS Q NEW oU RENEWAL S C 3. TYPE OF WORK INITIATION DOCUMENT nmrkall that apply) Assi (1) n to These Saecial Grout % CARTERET, BOROUGH OF &ADJACBI V T N ^ O O PRIVATE PROPERTY U NON - PRIVATE PROPERTY TEMPORARY /CIVIL (2) V - V 1 ( V ❑ ADJACENT LANDOWNER ❑ AMENDMENTTOANEXISTDJG WORK INITIATIONDOCUMENT (4) r, 4. Cooperators Name DUPONT JOHN I�I S Last First Middle CARTERET NJ 07005 5, Cooperators Mailing Address 161 COOKEAVENUH E C T Address City _ State Zip Code 6. Common Name CARTERET, BOROUGH OF 7. 732 -541 -3847 I Cooperator Phone Number 0 8.Omers or Representative's Name _ — 2 (rjdI erentffour Ccap erestm's) I _ I1 �9• Last First Owner/Rep, Phone Number 10. Owners or Represeniative's Address (fdifferentfrom Cooperator's); .. .._ ..-_ .. . .... State Address City State Zi p Code I L PROPERTY /LAND CLASS INFORMATION 12, ADJOINING 13, TARGETED SPECIES COUNTY PROPERTY LAND CLASS ACRES PROPERTYWIDNOS E p, A. DUCKS, FERAL A. MIDDLESEX V BOROUGH( COUNTY V IOD T B.] B. MIDDLESEX V CARTERET COUNTY V Its _ B. rGEHSH, CANADA G. 1__ II C, C. GEESE, C.rMIDDLESEX V RETENTION Fc OUNTY V I5 N D.� —�I D. SWANS,MUTE D.[MIDDLGSHX VV,, VETERANS COUNTY��V E •� E • L J E. (— 3 J °J STATE: NJ I TOTAL ACRES 143_ �� 14. There ere edditonal larger species(Conry /ere ondauoeh WSPomr Jl Addendum) 15. In consideration ofthe benefits to be derived from duiturpef mantproant ofdan rp sad by Ihosespecles listed in Section 3Imat 14. (end item 15, ifopplicable), 1 the unde apedcooperstoror cooperators representative, do ees,ondagems) to usquponbads ad, leased, oronawse controlled byme, ad !declined by hereby my consentand renomence to the Animal and Plant health Inspection service (APHIS) (to includes beadicials,employ nuu S E give this Work Initiation Document, the following methods and devices: _ C A. BOAT �13. CAR)TRUCK —I C, HAND TOOLS T — N D. I HANDCAUGHTM BR e, TRAPS, DRJVE � P. 4 16. ❑ There are additional components ( complete andoltnc4 WS Farm 12AdeandmrQ S 17, 1, the cooperator or cooperators representative bare been informed of the methods and the manner in which the control materials and devices listed in Section 4will be used, wad ofine possible h-16 associated with their usa.I understand that APHIS, (to include its office.¢ mploy ees endagenb)vvill:exerelae reasonable precautions to safeguard all persons to prevent injurytasounl life oura,dm these listed] inSectlon 3, Item 14, (and them l5., if g C applicable); ad against the mishandling of control devices and maledals;and.,.!,a duo caution and properjudgman in all wildlife damage mamgemmtopera dam. tundentandthat APHIS,WS, will maintain restricted use go application frords on ap,litetmal made under the Work Initiation Document, and that APHIS, WS, will Provide copies ofthe records affected information promptly upon he property owners orwoperators request.I T p.lkide understand that APHIS may collect Global Poor seem, System KIPS) coordinates a1 the project site as part ofcomponent or activity locking or as wildlife disease monitoring or reseamh date.Asn Lessee, the Cooperator agrees that e lee is curtent and will remain so while APHIS WS conducts operational activities on Proper" ad the propernd will notify W se S if the lea expires or is canceled. The Lessee egress to notify the no r drover about any methods or devices thas 5 (components) in use by APHIS WS as the property. S E' C IIt. to consideration ofthese understandings and of the benefits to be thrived, 1, the cooperator or cooperator's eepresenfmive,agree to: take reasonable precautions to prevent injury to livestock and other domestic animals: assume responsibility forfnjurylo my property under my amael,when said injury is not the result ofnegligence oa the part orAPHIS; assist in maintaining such warming signs as APHIS may Place for the purpose ofnoiifying persons entering onto such lands oflhe possible b.aa associated withwildlife damage management measures in use whereon; and to give adequate warning of these possible br.ods to persons l andradre to enter at. such lands. PUnher, in benefits to be derived from The we ofspeeifie d methods and devices omhodxd by ]his Work Initiation Document, 1, the mopemlor or cooperators miunsenlatire,agree not to conenmeraly use or allow to be used upon T ..'No. ofthe land seaweed by this Work Initiation Document, any toxic material that rabdureaeonably be expeaMto take a species listed above in Section 3, Item 14. (.ad Ile. IS., if r,gesble)unless such use ofsald loricent is agreed to by 6 APHIS in writing. Mute swans and fetal ducks will only be surveyed. 77 19. SPECIAL CONSIDERATIONS: 20A. LANDO L ESSEE, OR ADMINISTRATOR NAME AND TIT ATUREAND T — 20C, DATE I John P. DuPontlEn lacer DPW 2 lA. APH(S AEPRESENTATIVENAMII 21B. SIGNATURE Digitally signed by NICOLE REIN bate: 2020•,2.,6, Z Z C - IIULtf% 4:08 - 05'00. INICOLEHR6IN 210. APHIS RIIPRESENTATIVII TELEPHONE NUMBER 21H. STATE OFFICE ADDRESS 908 - 735 - 56 54X9 IAO- C LOen%h Grove Rd,Pittstown,NJ08867 WE FORM 12A - electronic version (7/2019 version) WS Agreement No: 217234 8050 RA WBS Element: AP.RA.RX34.72.0092 COOPERATIVE SERVICE AGREEMENT between BOROUGH OF CARTERET (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1— PURPOSE The purpose of this Cooperative Service Agreement is to assist in a Canada goose (Branca canadensis) damage management project as described in the attached Work Plan ARTICLE 2 —AUTHORITY APHIS -WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468 -69, 7 U.S.C. §§ 8351 -8352, as amended, and December 22, 1987, Public Law No. 100 -202, § 101(k), 101 Star. 1329 -331, 7 U.S.C. § 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 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to /that: 1. APHIS -WS shall perform services 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. 2, The Cooperator certifies that APHIS -WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS -WS. 3. 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 on this project. All other equipment purchased for the program is and will remain the property of APHIS -WS. 4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. ARTICLE 4 - COOPERATOR RESPONSIBILITIES Cooperator agrees: 1. To designate the following, John DuPont, as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. John DuPont, Director of Municipal Engineering 61 Cooke Avenue, Carteret, NJ 07008 732 -541 -3847 dupoiitj@catleret.net 2. To authorize APHIS -WS to conduct direct control activities as defined in the Work Plan. APHIS -WS will be considered an invitee on the lands controlled by the Cooperator. Cooperator will be required to exercise reasonable care to warn APHIS -WS as to dangerous conditions or activities in the project areas. 3. To reimburse APHIS -WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS -WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Nunnber in compliance with the Debt Collection Improvement Act of 1996. S. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. 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. 7. The Cooperator acknowledges that APHIS -WS shall be responsible for administration of APHIS -WS activities and supervision of APHIS -WS personnel. ARTICLE 5 — APHIS -WS RESPONSIBILITIES APHIS -WS Agrees: 1. To designate the following as the APHIS -WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. Aaron Guikema, State Director USDA APHIS WS Program in New Jersey 140 C Locust Grove Road, Pittstown, NJ 08867 908- 735 -5654 Aaron.T.Guikema @usda.gov 2 2. To conduct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS -WS will provide qualified persomiel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. That 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. 4. To invoice Cooperator quarterly for actual costs incurred by APHIS -WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS -WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. ARTICLE 6 — CONTINGENCY STATEMENT 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 —NON- EXCLUSIVE SERVICE CLAUSE 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 8 — CONGRESSIONAL RESTRICTIONS 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 — LAWS AND REGULATIONS This agreement is not a procurement contract (31 U,S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). hr this agreement, APHIS -WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 —LIABILITY APHIS -WS assumes no liability for any actions or activities conducted under this 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 11— NON - DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on February 1, 2021 and shall continue through September 30, 2021, not to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. 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 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS -WS is relieved of the obligation to provide services under this agreement. 13 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. Cooperator's Tax ID No.: 22- 6001707 APHIS -WS's Tax ID: 41- 0696271 COOPERATOR /Z• �9 p tau Jolfh DuPont, Director of Municipal Engineering Date Borough of Carteret 61 Cooke Avenue, Carteret, NJ 07008 -3042 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Aaron Guikema, State Director Date USDA, APHIS, WS 140C Locust Grove Road, Pittstown, NJ 08867 WORK PLAN In accordance with the Cooperative Service Agreement between BOROUGH OF CARTERET and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement. The USDA is authorized to protect American agriculture and other resources from damage associated with wildlife. The primary authorities for APHIS -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 (101Stat. 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 in which a series of methods may be used or recommended to reduce wildlife damage. 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. Program Objective The wildlife damage management program at BOROUGH OF CARTERET will be directed primarily at reducing human health and safety risks and property damage associated with Canada goose (Branta canadensis). Plan of Action Canada goose presence on 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. APHIS -WS Wildlife Biologists and Specialists, who have been trained in wildlife damage management, will conduct operational activities including nest and egg management (egg addling), capture and euthanasia, and population monitoring. Nest and egg management inhibits reproduction to help control the local population and associated problems. APHIS -WS will conduct treatment and /or destruction of Canada goose nests and eggs throughout the nesting season, typically March through May. Population monitoring may occur throughout the length of the agreement. Population monitoring can include post - nesting and pre - capture surveys, migratory goose population surveys, and/or surveys of mute swans, feral/domestic geese, and feral /domestic ducks. Capture and euthanasia of Canada geese will occur one day during the molt period in June or July. APHIS -WS and BOROUGH OF CARTERET will determine if other capture methods are appropriate outside of the molt period, such as cannon nets, bow nets, and /or other proposed methods as agreed upon by both parties. Birds are euthanized in accordance with recommendations by the American Veterinary Medical Association and APHIS -WS policy. When applicable, euthanized birds will be sampled and tested for research purposes. Euthanized birds will be disposed of as permitted by the U.S. Fish and Wildlife Service (USFWS) by burial, incineration 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 final report to BOROUGH OF CARTERET summarizing Canada goose management pursuant to this agreement no later than September 30, 2021. APHIS -WS and BOROUGH OF CARTERET Agree 1. BOROUGH OF CARTERET will coordinate with APHIS -WS before responding to media and public requests or posting information to social media pertaining to wildlife damage management activities and will provide a spokesperson to respond to information requests concerning such activities. 2. APHIS -WS will conduct activities designated in the Work Plan only at the property(s) of BOROUGH OF CARTERET, unless written permission has been granted by means of obtaining a Work hritiation Document for Wildlife Damage Management (WS Form 12A) to conduct similar activities on neighboring properties. 3. 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, BOROUGH OF CARTERET has implemented a no feeding policy on their property(s). 7 FINANCIAL PLAN Cost Element Full Cost Personnel Compensation $ 3,930.00 Travel $ 1,431.00 Vehicles $ 394.00 Other Services $ Su lies and Materials $ 220.00 Equipment $ - Subtotal Direct Charges) $ 5,975.00 Pooled Job Costs [for non- Over -the Counter p rojects] 11.00% $ 657.00 Indirect Costs 16.15% $ 965.00 Aviation Flat Rate Collection $ - Agreement Total $ 7,597.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed{ $7,597: 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 umnecessar . Financial Point of Contact /Billing Address: BOROUGH OF CARTERET Name: FAtrick J. DeBlasio, CFO Address: 61 Cooke Avenue Carteret, NJ 07008 Phone Number: 732 -541 -3820 ext 101 Email: deblasiop @carteret.net APHIS -WS New Jersey State Office Lisa Spinelli, Budget Analyst 140 C Locust Grove Road Pittstown, NJ 08867 lisa.l.sDrnelli cnr.usda.eov 908 - 735 -5654 Purchase orders, if applicable, should be submitted to APHIS -WS contact above.