HomeMy Public PortalAboutr 24-046Ywoolu#tun of the j9Vr0Ug4 of Tarfact, N� it
No. #24-46
Date of Adoption February 8 2024
AUTHORIZING AN AGREEMENT FOR CERTAIN ANIMAL
AND PLANT HEALTH INSPECTION SERVICES (APHIS)
WITH THE US DEPARTMENT Or, 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)lWildlife 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 #:
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 2024 at a total cost not to exceed $8,250.00.
2. A copy of this Resolution be forwarded to the Director of
Engineering and the Borough's Purchasing Department.
Adopted this 8rh day of February, 2024
and certified as a hue copy of the
original on February 9, 2024.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.D.
COUNCILMAN
X
JOHAL
DIAZ
X
KRUM
MNONVBELLING
DIMASCIO
X
NAPLES
X- Indicate Vote An - Absent NV -Not Voting XOR -Indicates Vote to OveFmle Veto
Adopted at a meeting of the Municipal Council
February 2024
i'
MUNIC PA"L CT F. K -
014 CAIGERET
MUNICIPAL C.ISRK
To: Pnlrlok DoWaslo
Tronsuror
Borough ofl:nrlorot
Yort ANIMAL AND PJ AN'P HHALTII INMBCTIQN SERVICIN
Rosolulloll 111 0i
Nato of A¢coultf: US DBPARTMB TOT+AORICUL. TURB
AMOUNT" PO RLr ENCUMRCRBU:, AMOUNT NO'l' TO MORED
Ditto:_1±oJ_>llltl 8 24
Muutolpul Clerk
CBRTIVICATION OP AVAILABB,ITY OI PUND$
Ir Tronsuror of the Bor'olgh of cnrtarot, do hereby wlilfy that there lire sllfllotont 11mds Avnlinbio In the ourfoot
budget to olnblo IhoMunlolPnl Councll to ollllorize the enterklg 11110 n collll'Aot boilvoon tho Borough of Carteret
And;
ir0�a
The Ponds nvallabie for this oonttnct mo In the Budget, hl Iha Aecounto0
In the amount op______ .... �\ &-40
By Oils cortltioallon, I lino heroby ououwborod the Am oouod ncoouut for t0c,ugturi a1�j to 0 1 l &041
Counoil notion, �'*�
Pubrlck boBlasto
Trensul'er
IvTetlxbzlnlMOt>1c1I�nlAuUcHnQ ® 61CoolveAmitto 0 Ctwieret,Now yersey07008
YUL732-541-3000 ® Im732-3d1••8925 19 rloricafilc¢[aicn4t roa tnet
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(7/2019 version)
WS Agreement No: 24 7234 8050 RA
WBS Element: AP.RA.RX34.72.0092
COOPERATIVE SERVICE AGREEMENT
between
BOROUGH OF CARTE RET (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 (Branta
canadensis) damage management project as described in the attached Work Plan.
ARTICLE 2 —AUTHORITY
APIIIS-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 mammat 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 dining 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 fiords 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:
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
dtipontj@carteret.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 tile 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 fi•om 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 hnprovement Act of 1996.
4. To provide a Tax Identification Number or Social Security Number in compliance with
the Debt Collection Improvement Act of 1996.
5. 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 (elated to the program.
7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APIIIS-WS activities and supervision of APHIS-WS personnel.
ARTICLE 5—APHIS-WS RESPONSIBILITIES
APHIS-WS Agrees:
To designate the following as the APHIS-WS authorized representative who shall be
responsible for collaboratively administering the activities conducted in this agreement.
Aaron Guikenia, 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. To conduct activities at sites designated by Cooperator as described in the Work and
Financial Plans. APHIS-WS will provide qualified personnel and other resources
necessary to implement the approved WDM activities delineated in the Work Plan and
Financial Plan of this agreement.
3. 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 fiutds for a finite period under a Continuing Resolution.
ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE
Nothing in this agreement shall prevent APHIS-WS fi•om 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). In 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 II —NON-DISCRIMINATION CLAUSE
The United States Department of Agriculture prohibits discrimination in all its programs and
activities on the basis of race, colon, 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, 2024 and shall continue through September
30, 2024, 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 fiords, 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.
Cooperator's Tax ID No.: 22-6001707
APHIS-WS's Tax ID: 41-0696271
COOPERATOR
John VuPont, Director of Municipal Engineering Date
Borough of Carteret
61 Cooke Avenue, Carteret, NJ 07008
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
1c ! t '.DTI =11
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 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.
Proeram Obiective
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
geese (Branta conadensis).
Plan of Action
Canada goose presence on BOROUGH OF CARTERET property(s) can negatively impact the
quality of life for residents, patrons and/or employees. Geese can affect human health and safety
through disease concerns associated with feces, aggressive behavior when defending nests or
young, and hazards when on roadways or near airports. Additionally, geese can cause damage to
property and natural resources through overgrazing of vegetation and accumulation of feces in
bodies of water.
APHIS-WS wildlife biologists and specialists, who have been trained in wildlife damage
management, will conduct nest and egg management (egg addling), population monitoring, and
capture and euthanasia of resident Canada geese. Population monitoring may occur throughout
the length of the agreement.
Egg addling inhibits reproduction to prevent local population growth and reduces damage
associated with localized overpopulation. APHIS-WS will conduct treatment and/or removal of
resident Canada goose nests and eggs throughout the nesting season, typically March through
May.
Capture and euthanasia of resident 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, or other
proposed methods. Birds are euthanized in accordance with recommendations by the American
Veterinary Medical Association and APHIS-WS policy. When applicable, APHIS-WS will
sample and test euthanized birds for research purposes. APHIS-WS will dispose of birds 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, 2024.
APHIS-WS and BOROUGH OF CARTERET Agee
1. BOROUGH OF CARTERET will coordinate with APHIS-WS before responding to
media, public requests, or posting information to social media pertaining to wildlife
damage management activities. BOROUGH OF CARTERET will provide a
spokesperson to respond to information requests concerning such activities.
2. APHIS-WS will conduct activities designated in the Work Plan only on the property(s) of
BOROUGH OF CARTERET, unless written permission has been obtained through a
Work Initiation Document for Wildlife Damage Management (WS Form 12A) to conduct
similar activities on neighboring properties.
3. BOROUGH OF CARTERET certifies non -lethal Canada goose management techniques
have been utilized on their property(s) prior to this agreement and will continue non -lethal
techniques. Non -lethal techniques include, but are not limited to, harassment, exclusion,
habitat modification, visual deterrents and/or egg addling.
4. BOROUGH OF CARTERET has implemented a no feeding policy on their property(s).
FINANCIAL PLAN
Cost Element
Fill Cost
Personnel Compensation
$ 4,340.00
Travel
$ 1,511.00
Vehicles
$ 420.00
Other Services
$ -
Supplies and Materials
$ 217.00
$ -
-Equipment
Subtotal Direct Charges)
$ 6,488.00
Pooled Job Costs [for non -Over -the Counter
projects]$
11.00%
714.00
Indirect Costs
16.15%
$ 1,048.00
Aviation Flat Rate Collection
$
Agreement Total
$ 8,250.00
The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement but may not exceed $8,250.
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 should activities be deemed unnecessary.
Financial Point of Contact/Billing Address:
BOROUGH OF CARTERET
Name: John P. DuPont
Address
61 Cooke Avenue
Carteret, NJ 07008
Phone Number: 732-259-5246
Email:
dupont@carteret.net
APHIS-WS New Jersey State Office
Lisa Spinelli, Budget Analyst
140 C Locust Grove Road
Pittstown, NJ 08867
lisa.Ls �inelli cr usda Gov
908-735-5654
Purchase orders, if applicable, should be submitted to APHIS-WS contact above.
According to the Paperwork Reduction Act of[ 995, an agency may not conduct or sponsor, and a Parson is not required to respond to, a collection ofinfomfation unless it displays a
valid ONCE control number. The valid ONO control number forihis infornation collection is 0579-0335. The time required to complete this information collection is estimated to
ONIBApproved
areage.059 hours per response, including the ties. for sevieving instructions, searching existing data sources, gathering inlandrainang the data needed, and completing and
0579-0335
reviewing the collection ofinfomfation.
ONI'CED STATES DEPARTMENT OF AGRICULTURE
WORE INITIATION DO CUMEN'C FOR
ANIhfALAND PLANT HEALTH INSPECTION SERVICE
{VILDLIFE DAMAGE MANAGEMENT
WILDLIFE SERVICES
1. WORK INITIATION DOCUMENT NUMBER
2. STATUS
O NEW OO RENEWAL
S
3. TYPE OP WORK INITIATION DOCUMI3NTnmrkail that apply)
Assign to These Special Groups
E
(1)
C
CARTERET, BOROUGH OF &ADIACENI V
NO
PRIVATEPROPERTY OO NON-PRIVATEPROPERTY O TEMPORARY/mIL
(2)
V
❑ ❑ WORK INITIATION DOCUMENT
1
ADJAC➢NTLANDOWNER AMENDMENT'TOAN EXISTING
(3)
V
(4)
V
4.Coopealor's Name DUPONT JOHN
Last First Middle
S
5.Coopemlo2s Mailing Address 61COOKEAVENUE CARTERET NI 07008
E
Address City SRI. Zip Code
C
6. Co... Neese CARTERET, BOROUGH OF 7.
T
1
732-541-3847
O
Coope s or Phone Number
N
8. Overct's or R.presenlalivn'a Name
ifdif%remfrom Cooperator's) 9•
2
Lust First Owaer7RvF Phone Number
10.Oxmers or Representative's Address
(1fd�erentfrora Cooperator's)
Address City slate Zip Code
11. PROPERTY/LAND CLASS INFORMATION
12. ADJOINING
13, TARGETED SPECIES
COUNTY PROPERTY LAND CLASS ACRES
PROPERTY WID NOS
S
E
A MIDDLESEX V ➢OROUG COUNTYCV 100
A.
A. DUCKS, FERAL F.
C
R MIDDLESEX V CARTER] COUNTYCV 18
B.
B. GEESE, CANADA G.
T
I
C. MIDDLESEX V RIBTENTI COUNTYCV 5
C,
C. GEESE, FERAL if.
HD.
MIDDLESEX V V➢T➢RAI COUNTYCV 20
D,
D. SWANS, MUTE I.
3
B. V V
E.
H. 1.
STATE: NJ TOTALACR➢S 143
E:==1
❑ 14.T mamadditiooalmrgxt Vp ies(Completeandallochli'SForml2Addendiw)
I5.1n comiderollon oflM1e bmefik to ba d<sivcd fmm iheproper management ofdamagocaused by (hose species lisixd ti Sediod311em 14. (andllem IS. ifdppilcable), Ilhcund<rsignd wopemior ortoopera(oh tepreswlaliR`,
S
doher<bygivomymnsentaadconaudeocelo lAeMimnl and Plmthcallhlmpxtton Servke(APHIS)(b lnduda i0offidals, employees, mdagenk)louse, upon landsowued,lwsed,orothemisa cenfalkdby me, and
E
IdenfifiedbyAls Wo,k Initiation Doccen al. We foiloevingreethods mddaviecs:
C
A. BOAT B. CAR/MUCK C. HAND TOOLS
T
N
D. HANDCAUGHT/GATBERED E. TRAPS,DRIVB F.
4
16. ❑ There are additional components (comp/ate rsnd a(tacG F/S Fonn l2 AddendunQ
❑.1, the roopemforor roopwtoh rcpresenblirahareban Aifo�medof demethodx wdlhomavednwhl<h the mnbol maledals end device listd in Satiod4vil@eused, ondoflFepossiblaharards assorieddxilh lhehuso.
E
pertudloo that nSeclion3, item
Iundens,);,md.,i,(to inetha ilsollifa.c.]
E
ourtaldlleml5.,u
devicaeMagenerwill:exersercis ilsealeprn endpnslosaRgueatoil
onalso anagemeimaDifaons..lauderstar
pmperjodpjneni in all wildiifedamagt management opemtions.Iundersludnp APres.., mcit,sereaWcledusa
against(hanrllidlilors ehacumrit,
(,
and astAnond
pntllwbio);guvd
manlmider unagdmnitkdo e,
pestidlardtalAPHrerords on oppGlobnemaesses,rthe\9E3PS)d.arJDhs.Ids,andlluthar."..r wifosa,accopiesnfUerttgoras rttordinisessomnpuning
,h
oupontch Arm Levee, the C not nanraleestt
und<rslandlhetAPHIS may<ollwl Global Posidoniog Syn<m(GPS)mwdiwles ottheproled silenspad.fdo mtdidgfedlsd.mal.ess ng
5
Vees(onotabuOads iIhouioymian or
@attheleazoiscurtent and mill rtmaansawAile APHS WS mnductsap<rzlievl activities onlhePropestyondwili notify\VS iflhe lwroexpiresoris wdded.Thciesam agrees to notify the laodmrner about onymethodaor
ii.tiry WSidlyaecsotg
devices (<omponents)inuxe by APHIS WS on Ihepmperty.
S
H.Incoosid<radonoftheseunderslondings and of Robcnefulobed,Evd,1, the eooperalorortaoPemiala represenlntireagreeloaake reasonableprttauliamto pmvenGdjuwfo livestock and odha Jomeslin eciaels;mmme
E
responbilayforinjntomypmpedymaltamy<onhol,whou sotdiyury a not thers,uRotoegliVace onthepertol'APHIS assist inmaintaaning mcboaming sips reAPHIS masteacsshthepur seofuolifyingpersons
C
entedng ontoachimds o(Neposnblo hazards arsocialed oitA sdldgredamadomvmgemeni meanu<s to usetherroq and to sire adages(owamingaf(hesepossble ha,a,da fa.....rslnuthodzelaeareronto au<hlands.Fudeq
nrcco&^ilidn oflhebeoefits to bedemed Gom@a usaofryttifidme@odsond devkes aulLosiudby ihiv\t'mktnittatton Oocumen4l.lFa moP<ntorortooPealotvePaswtalave•agr<e notto concunentiY useorafmvia be
uud upon lands msxredby lAis Work lnidation Dd<amcnh mytoxic maledaldatmibhtreasonably bo axpMcdta lakeespMwlEldobore NSe<lion3, IRm 19.(andltem l5., ifapplkabie)unlna mch usoofsaidloxicant ie
6
egrttdfobyAPHISNventing.
Mute swam end f mlduckx wi11on1ybesvneaM
19. SPECIALCONSMERATIONS:
20A. LANDOWNER,LESSEE, ORADMURSTRATORNAMBAND TITLE
ODTSI TUREANDTITL
_ '-- 20C. DATE
Sohn P. DuPont, Director
21A. APHIS RE
1.2"(?°
21H. GNATURB Digitally signed by NICOLE REIN
NICOLE REIN
NICOLE E REIN
Date: 2023.12.15 13:10:25 -05'00'
21D. APHIS RHPRHS ENTATIVE TELEPHONE NUMBER
2I➢, STATE OPFICBADDRESS
908-735-5654 X9
140-C Earned Grove Rd, Pinstmen, NJ 08867
WS FORb112A- chostmaic region