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#22 -73
It Date of Adoptio March 24, 2022
AUTHORIZING THE EXTENSION OF THE 2020 CONTRACT
WITH ASSOCIATED HUMANE SOCIETY
SEAS, the Borough of Carteret is in need of services with regard to animal control
the Borough; and
in 2020, the Borough entered into a contract with Associated Humane
and
EAS, in order to continue to insure that said services continue, it is in the best
of the Borough to extend the 2020 contract.
IW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
Carteret that the 2020 contract with Associated Humane Society be extended for an
litional one year renewal per bid specifications.
ct. # 2- 01 -27- 340 -299
Adopted this 24d' day of March, 2022
and certified as a true copy of the
original on March 25, 2022.
CARMELA POOORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YRS
NO
NV
A.D.
COUNCIY.MAN
YES
NO
NV
A.B.
BELI,INO
X
JOBAL
DIAZ
X
DIMASCIO
X
MAPLES
X- Indicate Vats AB- Absent NV -Not Voting XOR- Indicates Vote to Overmle Veto
Adopted at a meeting of the Municipal Council
March 24 2 22
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IBOROUGH
MUNICITAL CLERK
'1'o: Patrick DeBlasio
Treasurer
Borough of Cadet d
CAKTERET
REGUBST FOR CBRTIFiCA'I'IUN OP AVAILABLE FUNDS
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Dale:, March 11,20M
For:, AUTHORIZING TPtB BXTBNSIUN OF'f1IF 22020 CONTRACT WITH ASSOCIATED hIUMANB
SOCIETY
Resolution At N22••73
Name of Acaouo(; ASSOCIATED HUMANE SOCIETY
AMOUNT TO BE CNCUMURRD: $29,000,0
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CERTIFICA'T'ION OF AVAILABILITY OF FUNDS
1, Treasurer of Iho Borough of Cartore(, do hereby cerlify thal there nee sufticieut lands available in (ha current
budget to enable the Mrndclpal Connell to authorize (ho cnioriag into a Contract botween (he Borough of Cortere(
and;
The`ffundsovnilable foe. this wnlract are 1n the Budge(, in the aceotla(OP
a
In the amount o6 +t %.,<, -,
By this certification, I bravo heeby encumbered thc. above named account for the unount of the contract pending
Council notion, �� ) / /
Pn1ri ti DaBlasio
'frensuree
Date:
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THIS AGREEMENT is made this day of
2022 by and between the ASSOCIATED HUMANE SOCIETIES, INC.,
a 501C(3), non -profit corporation organized under State and Federal law,
having principal offices at 124 Evergreen Avenue, Newark, New Jersey
07114, hereinafter referred to as the "Society," and the BOROUGH OF
CARTERET, a municipal corporation of the State of New Jersey, having
its principal offices at 61 Cooke Avenue, Carteret, New Jersey 07008
hereinafter referred to as the "Municipality ".
WHEREAS, the Municipality wishes to retain the Society for the
provision of Animal Control Services, as defined herein;
NOW, THEREFORE, the Society and the Municipality agree as follows:
Provision of Services:
The Society shall provide Animal Control Services (defined below)
for the Municipality as an independent contractor for a period of one year
beginning on the 1st day of January 2022 and ending on the 31st day of
December 2022, Animal Control Services shall be provided Monday
through Friday between the hours of 9:00 a.m. and 5 :00 p.m. Animal
Control Services shall also be provided on weekends, holidays and after
5:00 P.M. weekdays.
ASSOCIATED
HUMANE SOCIETIES
PayrnentforServices:
EXECUTIVE OFFICES/
ESSEX COUNTY BRANCH
The Municipality will pay the yearly sum of $29,000.00 to the Society for
ty
124 Evergreen Avenue
the provision of Animal Control Services, said sum to be prorated payable
Newark, NJ 07114 -2133
on a monthly basis of $2,416.66 per month. Payment for all services,
P973-824-7080
including for Additional Services and expenses as stated herein, are due
F 973 - 824 -2720
thirty (30) days after the presentment of an invoice and/or Municipal
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voucher executed by the appropriate party unless express terms to the
contrary are agreed upon by the Society. There will be a two (2 %) percent
OCEAN COUNTY BRANCH
late fee imposed per month if payment is over thirty (30) days past due. If
HOME OF POPCORN PARK
Humane Way - PO Box 43
HOR- payment goes beyond sixty (60) days services will be suspended
until paid in full (including
Forked River, 08731-0043
P 609- -8900
interest costs and expenses) It is expressly
understood and agreed that the Society is not obligated to incur any cost,
693
69 - 1900
F609- 693 -8404
expense or legal fee as a consequence of the failure of the Municipality to
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timely and fully remit all payment due hereunder; such cost, expenses
and/or legal fees shall be the sole responsibility of the Municipality and
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included in payment in full.
Animal Control Services Defined:
For purposes of this Agreement, Animal Control Services are defined as: the rescue, recovery
and care of injured animals, trapped animals, sick animals, animals whose lives are endangered
and animals that present a danger to humans or other animals, including those who have bitten
humans or other animals.
It is expressly understood, except as otherwise stated, that the Animal Control Services to be
provided by the Society include the costs and expenses incurred by the Society in the
maintenance of custodial facilities and vehicles to be used by the Society's Animal Control
Officers.
The Animal Control Services provided to the Municipality shall be performed by an
Animal Control Officer employed by the Society. It is expressly understood that the Animal
Control Officer is not a law enforcement officer, shall not put his or her life in peril, and
accordingly, in certain situations, local police presence may be requested and required for the
Animal Control Officer to respond. The Animal Control Officer shall be an employee of the
Society.
Animal Control Services under this Agreement are subject to the following terms and
conditions:
1. Marine mammals are specifically excluded from the definition of Animal Control
Services under this Agreement.
2. Dead deer are specifically excluded from the definition of Animal Control
Services under this Agreement. The Society will not be responsible for handling deer
carcasses, provided however, that the Society shall retrieve infirm, injured deer and orphaned
fawns.
3. The Society will not trap or rescue Canada Geese, unless same are in need of
veterinary care.
4. There will be no additional charge for trapping or picking up bats or injured
wildlife.
5. Dead animals, excluding deer, will be picked up with no extra charge.
6. The Society will not pick up live rats, mice, moles or voles or any other small
rodents.
7. Trapped healthy animals that do not pose a threat or safety risk to the public shall
be released at or near the area of capture in accordance with standard rules and regulations of the
industry.
8. The Society shall, at the request of a municipal resident who is the owner of an
unwanted animal, render assistance in delivery of said animal to an appropriate humane shelter,
including a shelter maintained by the Society. However, such assistance is not within the scope
of Animal Control Services under this Agreement. The owner shall be responsible for payment
to the Society of the costs and expenses of such assistance, and, should the owner fail to pay,
said costs and expenses shall be the responsibility of the Municipality.
9. The Society will not trap or pick up feral cats, unless they are part of a TNVR
(Trap, Neuter, Vaccinate Return) Program authorized by the Municipality. In those cases, the
Society will work with the TNVR Program to trap, spay /neuter, vaccinate and release the cat
back to the area they were trapped as "Additional Services." Such Additional Services will incur
a charge of $50.00 per cat. If the Society cannot collect this fee fiom the TNVR Program, the
Municipality will be responsible for the Additional Services fees.
10. The Society shall use reasonable efforts to impound any stray, abandoned or
unlicensed dog or cat running at large on property within the Municipality. When such
impoundment occurs (and after a seven (7) day hold period), it is expressly understood once the
Society accepts any animal and takes it into custody, the animal shall be put up for adoption, if
possible, or humanely euthanized at the sole and exclusive discretion of the Society.
11. Upon proof of ownership, any person may redeem his or her animal from the
Society upon payment to the Society the sum of $95, Monday through Friday, 9:00 a.m. until
5:00 p.m. (standard business hours). There will be a $125 fee for other times. In addition, the
owner shall be responsible for the costs for each day the animal has been impounded as stated
below:
$4.00 per day under State Law for the first seven (7) days (unless ownership of the
animal is established prior to the end of the seven (7) days and said owner does not
redeem his animal.) Once the ownership is established and the animal is no longer a
shay, regular boarding rates shall prevail and are to be paid to the Society prior to the
release of the animal. No release or redemption shall be honored unless the owner
provides proof of ownership or a current license. The owner will be charged $12.72 per
day for each additional day for boarding once the initial seven (7) day period has passed.
12. Any owned animal without a current license and /or rabies certificate shall be
reported by the Animal Control Officer to the Municipality. The owner will be given seven (7)
days to register the animal for a license or a summons will be issued providing the Municipality
supplies Summons books. The Animal Control Officer is responsible for following up and
issuing a summons, if necessary.
13. As per N.J.S.A. 4:19 -32, the Society will inspect the enclosure and the owner's
property of a potentially dangerous dog, at least monthly, to determine continuing compliance
with paragraphs (2) and (3) of subsection A of N.J.S.A. 4:19 -24.8. The Society shall submit the
inspection reports to the Municipality on a monthly basis.
14. The Society shall not provide census or canvassing services for license
compliance within the Municipality. Under N.J.A.C. 4:19 - 15.15, the Municipality must appoint
a party or agency to canvas for owned animals.
15. Any stray dog or cat or any other animal taken into custody by the Society and
charged with biting a human shall be quarantined for the required quarantine period of ten (10)
days. The cost and expense incurred during this period shall be the responsibility of the owner.
If no known owner, the costs shall be absorbed by the Society.
16. In case of potential rabies exposure, the cost of transportation of the head of an
animal suspected of rabies to the State Department of Health shall first fall to the owner of the
animal and, if no known owner, shall be provided by the Society, under the condition that the
animal expired on the premises before the ten (10) day quarantine period referred to above.
17. Removal of an animal, including wildlife, within the living space, inside the walls
or ceiling of a home, apartment building or garage is not covered under this Agreement as
Animal Control Services. The Society will respond to those calls; however, the owner of the
premises will be charged $95.00 per hour during regular business hours and $125.00 per hour
after standard business hours. If the owner fails to pay, the municipality shall be responsible for
payment. If the animal is physically in the resident's living space and posing a threat to the well-
being of the resident, there will be no charge for the removal of the animal.
18. The Municipality shall be charged an additional boarding fee of $20.00 per day,
payable monthly, for any animal, which upon request from the Municipality, shall be boarded as
part of a Court case or upon order from the Health Department or a Court directive to impound
such animal. After ninety (90) days, it is the responsibility of the Municipality to find alternate
kenneling/housing for any Court -held animal. The Society cannot continue to hold animals
beyond ninety (90) days for reasons that include capacity issues and the health of the animal and
costs involved. The Municipality agrees to expressly seek reimbursement of direct and
reasonable costs incurred by the Society as part of any judgment. In the absence of such, the cost
shall be the responsibility of the owner or, if the owner fails to pay, then of the Municipality.
Emergencies:
Upon a request from the Municipality, the Society shall respond to any emergency as
defined herein. Emergency treatment will be provided to ill or injured animals as required by
State law and regulation. The Society reserves the right, at its sole discretion, to determine if the
animal requires transportation to an emergency clinic on nights, weekends or holidays when our
own veterinarians are not available.
0
If there is no known owner, the cost and expense incurred by the Society for emergency
treatment will be the responsibility of the Municipality, except that, if the owner is known, the
costs of emergency treatment will be charged to the owner. However, if the owner fails to pay
the costs of emergency treatment, said costs shall be paid to the Society by the Municipality.
Response time to an emergency will be no longer than one (1) hour during normal
business hours of operation. All calls to the Society for Animal Control Services after normal
business hours, must be received through the Police Department or Health Department of the
Municipality. Residents shall not be instructed by the Municipality to contact the Society or
Animal Control Officers directly after normal business hours.
Oven Public Records Act:
The Society, as a non - profit, independent contractor is not subject to OPRA (Open Public
Records Act). However, if the Society receives an OPRA request, it will be forwarded to the
appropriate Municipal Agency within seven (7) business days. The Society is not required to
and will not produce records to Municipalities to comply with OPRA requests. The Municipality
is encouraged to retain any and all paperwork received from the Society for OPRA fulfillment
and compliance.
Trans:
Unless traps are available for rent from the Municipality, traps are available to rent from
the Society (depending on the season and availability of traps) with a deposit of $65.00 and a fee
of $4.28 per day, which will be deducted fiom the deposit. Dog traps will also be available
(depending upon the season and availability of traps) with a deposit of $150.00 and a fee of
$10.70 per day, which will be deducted from the deposit. The Society reserves the right to
establish conditions for humanely setting traps. Once a trap is set, it is the responsibility of the
property owner /business /landlord or tenant to monitor the trap and inform the Society
IMMEDIATELY when pick up is needed. (SEE TRAP RENTAL AGREEMENT/RULES &
REGULATIONS ATTACHED),
Additional Terms:
Termination. This Agreement may be terminated during the term by either party upon
ninety (90) days written notice by Certified Mail (Return Receipt Requested), to the other party.
Right to Cure. The failure of either party to perform its obligations under this Agreement
shall constitute a breach of this Agreement, entitling the non - breaching party the right to
termination upon thirty (30) days written notice by Certified Mail (Return Receipt Requested) to
the breaching party. The breaching party shall have the right to cure its breach within the thirty
(30) day notice period.
Indemnification. The parties hereto shall indemnify and hold the other harmless from
and against any claim, award, cost or expense by any third party not affiliated in any way or
employed by either party, for damage or injury caused by the act or omission of the
indemnifying party or its agents, excluding damage caused by an animal.
Authorijy. The signatory of this document represents that it/he /she possesses the requisite
authority to bind the public entity and further represents the execution of this Agreement is
authorized by the Municipality.
Severability. If any term or provision of this Agreement shall be deemed unenforceable
or invalid, said unenforceability or invalidity shall not affect or impair any other term or
provision, and all other terms or provisions shall remain in full force and effect.
Governing Law. This Agreement shall be interpreted under the laws of the State of New
Jersey, and any action arising out of this Agreement shall be brought in New Jersey court.
Entire Agreement. This Agreement represents the entire agreement between the parties
hereto, and supersedes all prior agreements or negotiations.
Modification. This Agreement may only be modified in writing by the party from whom
permission to modify is sought.
Non - Waiver. The failure of one party to this Agreement to insist on the performance of
any term or condition by the other party shall not operate as a waiver of any other term or
condition, and all terms and provision of this Agreement shall remain in full force and effect.
THIS AGREEMENT is a sole expression of the understanding between two parties and
may only be modified by a written agreement signed by both parties.
ASSOCIATED HUMANE SOCIETIES:
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CITY/BOROUGH/TOWNSHIP OF
CARTERET:
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