January
3, 2012
RESOLUTION 10-2012
APPOINTING M&R WILDLIFE REMOVAL,
INC.
AS ANIMAL CONTROL OFFICER
WHEREAS, the Township of Medford has
entered into an Interlocal Services Agreement with the County of Burlington to
house misplaced and/or abandoned animals at the
WHEREAS, the Township wishes to enter into an agreement with M&R Wildlife Removal, Inc. to collect these misplaced and/or abandoned animals and deliver them to the Burlington County Animal Shelter for housing; and
WHEREAS, the Township Council believes that M&R Wildlife Removal, Inc. possesses the necessary professional qualifications to provide the aforementioned services; and
WHEREAS, funds are available for this purpose; and
WHEREAS,
the Local Public Contracts law N.J.S.A. 40A:11-1 et seq. requires that
the Resolution authorizing the award of a contract for "professional
services" without competitive bids and the resulting contract must be
available for public inspection.
NOW, THEREFORE, BE IT RESOLVED, by the
Township
BE
IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized
and directed to execute any and all documents required to authorize this
appointment.
BE IT FURTHER RESOLVED that notice of
this action shall be published once as a legal advertisement in the official
newspaper of the
I hereby certify that the foregoing is a true copy of a Resolution
adopted by the Township
____________________________________________________
Katherine
E. Burger, CFO/Township Clerk
CONTRACT FOR
PROFESSIONAL SERVICES
M&R
WILDLIFE REMOVAL, INC.
WHEREAS, the Township of Medford has entered into an Interlocal Services Agreement with the County of Burlington to house misplaced and/or abandoned animals at the Burlington County Animal Shelter; and
WHEREAS, the Township wishes to enter into an agreement with M&R Wildlife Removal, Inc. to collect these misplaced and/or abandoned animals and deliver them to the Burlington County Animal Shelter for housing; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11‑5, requires the execution of a written contract for the provision of professional services, which contract may be awarded without public bidding; and
WHEREAS, the Township Council of the
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions, the parties hereby agree as follows:
1. Scope of Services. The Contractor shall collect misplaced and/or abandoned animals, as outlined in their proposal, and deliver them to the Burlington County Animal Shelter for housing
2. Township Responsibilities. The Township shall furnish to the Contractor for the performance of these services any and all necessary data.
3. Compensation. The Township hereby awards said contract to the Contractor pursuant to the afore-mentioned proposal. Payment shall be pursuant to the submission of the appropriate voucher(s) which shall specify the services rendered.
4. Term. This contract shall take effect immediately and shall be for a period of one year, effective until December 31, 2012.
5. Contractor's Responsibilities. The Contractor shall perform the aforementioned services in an efficient and expeditious manner. The Contractor shall be responsible to insure that both the time constraints and the financial constraints of this contract are not compromised without adequate written notification and explanation as to the nature of such compromise.
The Contractor shall be responsible to submit proper documentation for payment of services authorized by this contract in a manner prescribed by the Township and according to law.
All notices, correspondence, and billing statements for the Township
shall be addressed to the
6.
Insurance. During the term of this Agreement, the
Contractor shall maintain and continue in full force and effect a policy of
insurance indemnifying itself against any and all forms of professional
malpractice and/or other types of liability in a minimum amount of $500,000.00.
The Contractor shall provide to the appropriate officials of the
7. Affirmative Action Mandatory Language. During the performance of this contract, the Contractor agrees as follows:
The Contractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The Contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The Contractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The Contractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the Contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The Contractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The Contractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27‑5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27‑5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time.
The Contractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The Contractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job‑related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The Contractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The Contractor shall
furnish such reports or other documents to the Affirmative Action Office as may
be requested by the office from time to time in order to carry out the purposes
of these regulations, and public agencies shall furnish such information as may
be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C.
17:27).
8. Hold Harmless. The Contractor shall indemnify and save harmless the Township, its officers, employees and agents from all claims, suits or actions brought against the said Contractor, its officers, employees and agents, for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of Contractor or its servants, agents and employees; or on account of or in consequence of the performance of this contract, whether or not such injuries to persons or damages to the property are due or claimed to be due to any negligence of Contractor, its employees, its agents or servants; and also from all claims or damage for infringement of any patent in fulfilling this contract. This indemnity shall include attorneys, fees and costs and all other expenses incurred in the defense of any suit.
9. American Disabilities Act. The Contractor shall comply with the requirements of the American Disabilities Act where applicable.
10. Termination. The Township reserves the right to terminate the contract upon fifteen (15) days notice. The Contractor may terminate the contract upon fifteen (15) days notice in the event the Township fails to comply with its responsibilities under the terms of this Agreement.
11. Integration. The parties agree that the terms and conditions of this Agreement contain the complete Agreement of the parties and any oral understandings to the contrary are specifically disavowed.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written.
__________________________________ _____________________________
ATTEST: M&R WILDLIFE REMOVAL, INC.
________________________ ______________________________