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HomeMy WebLinkAboutNFAWL ContractAGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND THE NORTH FORK ANIMAL WELFARE LEAGUE FOR OPERATION OF TI-IE SOUTHOLD TOWN ANIMAL SHELTER provisions of Article 7 of thc Agricultural and Markets Law by and between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road, $outhold, New York, hereinafter called thc '~l'own", and NORTH FORK ANIMAL WELFARE LEAGUE, INC., a membership corporation of the State of New York, having its principal office at Peconic, New York, hereinafter called thc "League"; WlqEREA$, Sections 114 and 115 of the Agricultural and Markets Law provides that a Town may contract for dog officer services and for shelter services with any incorporated humane society of similar incorporated dog protective association; and WHEREAS, thc Town desires to contract for dog officer services and for shelter services with a humane society or similar incorporated dog protective association; and WHEREAS, il~.e Town and the League agree that a new town.owned animal shelter is critically important for thc health, safety and welfare of thc animals held at the shelter and for the workers and volunteers performing services as the facility;, and WHEREAS, the Town intends to begin construction of a new shelter in the near future, with $750,000 in funds from the Town's capital budget, as well as contributions from the Elliot Raynor family and the not-for-profit foundation the Southold P, aynor Animal Shelter Foundation, ho,, and WtJEIIEA$, the League has offered to enter into a contract with the Town to provide dog o~cer services and for shelter services as a humane society or similar incorporated dog protective association all in accordance w~th the terms and conditions set forth in this agreement;. NOW, THEREFORE, IT IS AGREED AS FOLLOWS; REPRESENTATION. The League does hereby represent that it is legally qualified to perform all the duties on its part to be performed under the terms and conditions of this contract. 2. LEAGLrE DIJTIES. The League, in consideration of the payment to it by the Town of the sum of money to be paid in the manner and at the times hereinafter providech hereby covenants and agrees that, at its own expense, it will during the term hereof; (a) Through its duly appointed officers, agents and employees, perform the duties and respo~,sibilities of dog co~fc~ol officer in the enforcement of the provisions of Article 7 of the Agricultural and Markets Law and the rules and regulations promulgated pursuant thereto in the Town of Southold, ineludi-g the Incorporated Village of Greenport located herein. (b) Operate and maintain, at its own expense, the Town Animal Shelter at Peeonic Lane, Peconic, New York, as a shelter for all dogs seized by its dog control officer and for lost, strayed or homeless fl.ogs. Properly shelter, feed, water and otherwise care of all dogs in the shelter. (d) Euthanize or make available for adoption seized dogs not redeemed as provided in Article 7 of the Agricultural and Markets Law. (e) Comply with the provision o£Article 7 of the Agricultural and Markets Law and any Pales and regulations promulgated pursuant thereto in relation to the seizure, holding, care, redemption and disposition of seized dogs. (0 Comply with and enforce the provisions of Cb. apter 38 of the Code of the Town. of Southold. In the event that a Police Officer of the Town of Southold brings an abandoned dog to the veterinarian for medical treatment and said dog remains unclaimed, the Police Officer will advise the League of the time and place of delivery, and the League shall assume all reasonable and necessary medical expen.ses incurred by said dog~ (g) File and maintain complete records of any seized dog aiad subsequenI disposition of any dog in the manner prescribed by the Commissioner of Agriculture and Markets, as well as any other records required by law. (h) Remit to the Supervisor of the Town all license, redemption., and adoption fees collected in carrying out the provisions of this contract. (i) Employ, at all times during the terms hereof, such trained and qualified · personnel as are necessary, in the League's jud~nent, to properly perform all thc duties and responsibilities specified herein, including one qualified full-time dog control officer and one qualified part-time dog control officer. (j) Keep the shelter open daily between the hours of 8:00 A.M. and 4:00 P.M., exclusive of Sundays and holidays. Notwithstanding thc foregoing provisions, the League may establish reasonable hours during which dogs may be viewed, redeemed or adopted. (k) Designate a suitable person who shall exercise overall supervision of the shelter and for all of its employees and advise the Town of the name, address and telephone number of such person. O) In the exercise of its discretion, admit strayed or homeless dogs and hold dogs beyond thc time requir&d by law, provided, however, that in no event shall the League admit to or house at the shelter, strayed or homeless dogs or hold dogs beyond the time required by law, if thc sarnc will result in there being insufficient space or tacj. liti.es for the impoundment of seized dogs. (m) Provide a~d keep in force during the term hereof, ptlblic liability insurance policies insuring the League and naming thc Town as an additional insured, in the amount of not less than $1,000,000 per occurrel~ce for bodily injury and/or property damage and a $2,000,000 aggregate limit. Certffi.cates of such insurance shall be furnished annually to the Town Clerk. Ce, tificatcs of s~ch ;.,.~.~,~ce shall be ftu,,ished am~ually to the Tow~, Clerk. (n) Gomt~l.y with all laws, rules and regulations in the performance of its duties and responsibilities hereundar. (o) As an assurance that it will faithfally and fully perform each and every obligation, duty and responsibility provided for herein, the League, prior to the effective dam of this contract, shall deposit with thc Town Supervisor the sum of $5,000.00. In the event of any default by the Loagu¢ in any of the terms and conditions of this contract, the Town shall give written notice thereof to the League whereupon the League shall have ten (10) days from the receipt of such ,oti. c~ to cure the de£a~lt. Ifth~ League shall fail to cur~ said default, thc Town may cure such defaul! by which means it deems advisable, and pay the cost and ~xpense thereof fi:ora, said sum deposited with the Town Supervisor. In the event that the L~ague denies such default, such dispute shall be resolved by a court of competent jurisdiction, upon the appli, cation of oith~r party hereto. In thc event th; Loaguo faith_fiflly and fully p~orms each and obligation on its part to be performed, then at the expiration of this contract, according to its terms, said deposit shall be paid over to the League. (p) Properly maintain and keep in reasonably good repair (exclusive of structural repairs and repairs to the electrical, heating and water systems of the shelter) any and all property and equipment of the Town used by the League in its performance of this contract, including the Tom-owned dog shelter at Pcconic, New York. 3. TOWN DUTIES. The Town, in consideration of the services to be pcrfoi~iicd by the League as herein provided, covenants and agrees that it will, during the term hereof: (a) Permit the League to occupy and operate the Town-owned shelter at Pcconic, New York, for the purpose of providing dog control officer services and shelter services for the Town; (b) Kemit monthly payments to the League as follows: (i) For the period from January 1, 2003 to December 31, 2004, the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($150,000.00), to be paid to the League in twelve equal monthly payments commencing on January I, 2003 and continuing monthly thereafter; (ii) Each monthly payment shall be made on or before the 15~ day of the preceding month, so that these funds may be used by the League to offset expenses incurred dating that mo~h.. (iii) new Shelter in a manner that makes the League's performance of its responsibilities under this contract significantly more expensive, the Town a~ees to renegotiate the financial terms of thc Should the Town significantly alter the existing Shelter and/or construct a contract with the League to cover these expenses. (c) Properly maintain and keep reasonably good repair the structural integrity and ele~rical., heating, and water systems of the Shelter; provided, however, that the Town may compromise the structural integri,ty of the Shelter as necessary to construct a new Shel.ter, as set out in Paragraph 4 (p) below. 4. GENERAL COVENANTS. The parties hereto do further covenant and agree as follows: (a) All costs and expenses incurred by the League in the performance of this contract shall be paid when due bythe League, including but not limited to light, heat, maintenance~ repairs, water, fuel, electricity, telephones aud other utilities. (b) The League shall provide, at its expense, such worker's compensation and disability insurance as may be required by law. Certificates of such insurance shat1 be filed annually with the Town Clerk. (c) Nothing in this contract shall be held to constitute the parties hereto as partners, nor authorize either party m contract any debt, liability or obligation for or against or on behalf of the other party of the contract. Neither the Town nor the League shall be considered as the agent of the other nor shall either have the right to bind the other in auy manner whatsoever, and this contract shall not be deemed or construed as a contract of agency. Tiao League shall be deemed throughout the terra hereof as 'an independent contractor and, as such, be liable for its own acts. (d) The League shall protect, save and keep the Town harmless and indemnify the Town from and against any and all claims, losses, and costs, damages, suits, judgments, p~naltics, expenses and liabilities of any kind or nature whatsoever arising directly or indirectly out of or in connection with the performance by the League of the terms and condition.s of this contract. (e) Ndther party shall directly or indirectly engage in any other activity which will conflict or interfere with its perforro, auee oft.he tem, s and conditions of the contract. (f) Title to any furniture, furnishings, fixtures, appliances and equipment installed by the League at the dog shelter shall remain vested in the League and, at the expiration of this contract or on the prior termination thereof, as hereinafter provided, the League shall have the right and a reasonable time within which to remove the same at~d all other property belonging to the League provided, however, that such removal can be made without injury or damage to the premises or building. (g) The League shall make no major alterations, renovations or additions to the dog shelter premises or the building without prior written approval of the Town. (la) In the event that either party defaults in fulfilling any of the tC, uS and conditions of this contract, the other party may g/ye ninety (90) days notice of its ~tention to terminate this contract and, thereupon at the expiration of such ninety (90) days, ff the condition or conditions which form the basis of the notice continues to exist, this contract shall terminate as completely as if that day' were the day herein definitely fixed for the expiration of this contract. In the event the defaulting party denies such default, such dispute shall be resolved by a court of competent jurisdiction upon. the application of either paW/hereto. In the event of such termination, the League shall forthwith surrender the premises occupied by it aad deliver to the Town any and all Town property in its possession, whereupon the League shall have no further 7 rights, hereunder, except to remove its property as hereinbefore provided. (i) The Town and its authorized officers, agents and employees shall have the right to enter upon the Tom-owned dog shelter premises including any buildings or structures, at any reasonable time ,for the purpose of examining the same, conferring with the officers and/or employees of the League, and to make such necessary repairs as thc Town may deem necessary that have ~ot been made by the League and to charge the League for the cost of perf. orming same, if the l~eague has not performed such repairs after written request by the Town to do so.. The League represents that it will dutifully enforce the provisions of Article 7 of the Agricultural and Markets Law and thc rules and regulations prom~gated thereunder in thc Town of Southold, including the Incorporated Village of Oreenport. (k) Thc l_,~ague and the Town will compile a current list of equipment, furniture, furnishings, fixtures, appliances installed by the League and a similar list of those items and equipment installed by the Town. (1) The League will keep separate League expenses from Town expenses and provide a monthly report thereof. (m) The League covenants and agrees that, unless this contract is renewed or extended by agreement of the parties, at the expiration of the t~rm of this contact, it will surrender the dog shelter premises to the Town as in good a condition as the same existed at the date of commencement of this contract, normal wear and damage by thc clements excepted. (n) The League shall not assign this contact nor any of the work or services to be performed hereunder without thc express written approval of thc Tom.. (o) In thc event Federal, State or County mandates require the League to Incur additional expenses to achieve compliance, the Town agrees to ne§otiate with the League on payrnenl of the additional expenses. (p) The parties acknowledge that thc Town shall have absolute a~d sole discretion to detcrmin~ and approve the design of auy new animal shelter built on the pxcn~ses. Thc parties shall cooperate during the term of the contract with respect to thc Town's e~orts to construct a new animal shelter on the premises. The pa~es acknowledge that sit~ visits will be nec~ssa~ for the development oft_he new facility, and the L~gne a~rees to provide ready and complete access to facilitate such visits. The parties further acknowled§e that construction and demolition may interrupt or necessitate changes in the current operation of thc facility, and the parties agree to work together in cooperation to minimize such interruptions to the operations of the shelter while permitting the demolition and construction ora new shelter to proceed in a timely manner without interruption. The Town agrees to giv~ the League the schedul~ of an), demolition and construction in connection with the new f~cility. 5. TERM. This contract shall be for a t~m. of one (1) year commencing on the I st day of January, 2003, terminatin$ thc 31'"' day of December, 2003, unless sooner ten~inated as herein provided. IN WITNESS WI~REOF, the parties h~r~to have hereunto set their b~nds and seals thc day and )'ear firs~ above written. TOWN OF SOUTHOLD f~sh Horton, S~pcrvisor NOR~:/~,FORK ANIMAL WELFARE Anna Cosimano, Pr~id~nt STATE OF NEW YORK COUNTY OF SUFFOLK o. thc/vi day of , 200 before mc, PubUe ~n md for said State, personflly appe~ed ~OS~A Y. ~ORTON, p~onally known to me or proved to be on ~e basis of safisfac~ evid~ee to b%the individ~ whose n~c is ~bscfibed to ~e ~thin i~ent and ac~owledged to me that he executed ~e sa~ in Ms capaci~, and ~at by h~ silage on the ~ent, ~e in~viflud, or the p~son upon. behaff of which the individual acted, executed the instx'umcnt. Notary Public, S~ffolk County MELANIE DOROSKI NOTARY PUBLIC, State of New York No, 0tD04634870 Qualified in Suffolk County Commission Expires September 30.,~-:~} STATE OF NEW YOILK ) ) ss; COUNTY OF SUFFOLK ) On the [~)"~- day of ~6bvC~ , 200---~, before me, the undersigned., a Notary Public in. and for said State, personally appeared ANNA CO$IMANO, personally known to me or proved to be on the basis of satisfactory evidence to be the individual whose name is subsmbed m the within ins~tuent and acI~owledged to me that he executed the satue in his capacity, aM that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, Notary Public, Suffolk COunty MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01D04634870 Ouel~ed in Suffolk County Commission Expires September 30, pm-nlhwi\co~r~ct.dr4 10 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS lV~kNA_GE~T OFFICER FREEDOIvI :OF ~/qFORMA~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 souiholdtown.nor thforl~ne~ OFFICE OF THE TOWN CLERK TOVv-N OF SOUTHOLD T~HIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 168 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BO~XA1D ON MARCH 11, 2003: RESOLVED that the Town Board of the Town of Southold hereby directs Suoervis0r Horton to execute a contract with the North Fork Animal Weffare Leaeue to operate the Town Ardmal Shelter from January 1, 2003- December 31, 2003 for $150,000.00 (one hundred and fffiy thousand dollars) subject to the approval of the Town Attorney Elizabeth A. Neville Southold Town Clerk Town Hall, 58095 Main Road P.O. Box 1179 Southold, New York 1197 I Telephone (6S1) 765-1889 Fax (621) 765-1829 TOV~N B OAI~D TOWTq OF SOUTHOLD September 20, 2002 Dear Members of the Board of Directors of the North Fork Animal Welfare League: As I am sure you are aware, the contract for operation of the animal shelter expires at the end of December of this year, and the board would like for us to negotiate the terms of a new cohtract between the Town and the League to continue the longstanding relationship we have. To accomplish this goal, please let me know what dates and times would be convenient for us to sit down and begin this process. In order to proceed in a timely fashion, I would like to have a sit-down meeting with League representatives prior to October 8~h . Please feel free to call my office at 765-4663 with a mutually convenient date. V/~//ly yours, Councilman cc: Joshua Horion Louisa Evans Craig Richter John Romanelli Thomas Wickham GREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakaboski@town, southold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricia.finnegan@town.southeldmy.us JOSI-IUA Y. ItORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsim/le (631) 765 I523 OFFICE OF THIg TOWN ATTORNEY TOWN OF SOUTHOLD March 12, 2003 Pamela A. Mann, Esq. Pamela A. Mann LLC 225 Broadway, Suite 2501 New York, NY 10007-3088 Re: Aqreement between Town of Southold and the North Fork Animal Welfare Lea.que Dear Ms. Mann: Enclosed please find a fully executed copy of the agreement dated March 12, 2003, between the Town of Southold and the North Fork Animal Welfare League for operation of the Southold Town Animal Shelter. Thank you for your assistance in this matter. Gre~jor~ F~F~-~oski, ~sq. South~Attomey /md enc. CC: Towr~ Board w/o enc. Wm Moore w/enc: Town Clerk w/eric. · GI?~EGORY F. YAKABOSKI TowN ATTORNEY greg. yakaboski@town.southold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricia.finnegan@town, southoidmy.u~ JosHI-IA Y. HORTON Supervisor Town Hall, 53095 Rou~e 25 P.O. Box 1179 Southotd, New York 11971-0959 Telephone (631) 765-1939 Facsimil~ (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD From: Date: Re: Elizabeth A. Neville, Esq. Town Clerk Gregory F. Yakaboski, Esq. Town Attorney March 12, 2003 animal shelter Betty: Attached for safekeeping in your office, please find an original duplicate of the fully executed Agreement dated March 12, 2003, between the Town of Southold and the North Fork Animal Welfare League for the operation of the Southold Town Animal Shelter.. For your information, an original signed copy of this document was forwarded this date to Patricia A. Mann, Esquire, counselor for the NFAWL. G reg /md eno. 4/25/02 13 (herein called the "Bond Resolution"), subject to permissive referendum, and no valid petition was submitted requesting that a referendum be held within the thirty-day period after adoption of the Bond Resolution which became effective after said thirty-day period; and WHEREAS, said Town Board has reconsidered the necessity of acquiring said land and building and reconstructing, in part, said building for use as a Town Hall Annex, as described in the Bond Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of the entire membership of said Town Board, AS FOLLOWS: Section 1. The Town Board of the Town of Southold, in the County of Suffolk, New York hereby determines that the acquisition of the land and building and the reconstruction, in part, of said building, as authorized pursuant to and described in the Bond Resolution~ is no longer required for use as a Town Hall Annex, the purpose for which it was intended to be used and it is in the public interest to repeal, rescind and revoke the Bond Resolution. Section 2. The Bond Resolution is hereby repealed, rescinded and revoked. Section 3. This Resolution shall take effect immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Moore. This resolution was duly adopted. #281 Moved by Councilman Moore, seconded by Justice Evans, it was WHEREAS, Pets contribute so much to the quality of life in our Town, from being a best friend to comforting the old, helping the blind, rescuing the distressed, fighting crime and some say even helping children read and WHEREAS the nature and quality of our new shelter says as much about us as a community, as anything that we as a Town can do, for how we treat animals is an expression of our respect for life itself and WHEREAS, Animals are such an important part of our lives and the quality of life in our community, that it is desirable, even necessary, to have a shelter that not only is physically capable of housing and caring tbr its inhabitants, but is also run in a professional and humane way, and held to the highest standards as these are all important elements in creating a steady flow of happy, healthy, trained and groomed pets for adoption by the community and WHEREAS, toward that end and based on the hard work that many have contributed to get us this far, NOW, THEREFORE BE IT RESOLVED, The Town of Southold hereby approves and welcomes the formation of a not- for-profit {The Town of Southold -Ravnor Shelter Foundation) for the sole purpose of raising funds for the Town's new animal shelter and does authorize and direct Supervisor Horton to execute a Memorandum of Understanding with the i~corporators of the Foundation. _Vote of the Town Boar& Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #282 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Dorothy Chituk to the position of interim Receiver of Taxes, at a salary of $28,140.00 per annum, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. ' C~R~GORY F' yAir~BOS~ TOWN ATTORNEY MARY C. WILSON · ASSISTANT TOWN ATTORNEY · osHUAY. I~ORTON Supervisor Town Ha]], 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 ~-mail: ~reg. yakaboski@:~.so~t~old.~y.us mary.w ilson@/cWr~outhold.ny;~s OFFICE OF TIlE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To' From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney May 7, 2002 Memorandum of Understanding - Town Animal Shelter Betty: Attached, please find the following for safe-keeping in your office: · Original Memorandum of Understanding dated May 6, 2002, between the Town of Southold and Kenneth & Catherine Morrelly, incorporators/founders of the not-for- profit corporation of the Town of Southold-Raynor Shelter Foundation. Thank you. Greg /md eno. MEMORANDUM OF UNDERSTANDING This memorandum of understanding is between the Town of Southold and the i:nco[Porators/founders (Kenneth Morrelly and Catherine Morrelly)of the not- for-profit corporation the Town of Southold-Raynor Shelter Foundation regarding the Town Animal Shelter. The Town of SouthoJd agrees: The Town Board grants the Foundation the sole right to use the official name of the Town Animal Shelter in its name and in all physical and electronic promotional and fund-raising documents, awards, plaqLJes, advertisements, reports, etc. The Town Board agrees to furnish, on a best efforts basis, appropriate property near the Shelter for the purpose of constructing and operating a retail and support facility, The Shelter Annex, that will support the work of the Shelter and the Foundation. The Town Board agrees to provide appropriate assistance, on a best efforts basis, to achieve construction and operation of The Shelter Annex. The Town Board agrees to provide support services and appropriate property access that will enable and facilitate the construction of The Shelter Annex, if and when it takes place, The Town Board stipulates that the Shelter will continue to be operated as a limited euthanasia facility that accommodates dogs, cats, and other domesticated animals. The TOwn stipulates that it will grant the Foundation exclusive permission, within the Shelter and the The Shelter Annex, to acknowledge donors via plaques and naming plates. The Town stipulates that the Foundation will be given the right of first refusal to operate The Shelter Annex. The Founders / Foundation agree: The Founders will, upon formal organization, incorporation and receipt of tax-exempt.status of the Foundation, on a best efforts basis, raise funds solely for the construction, equipping, and furnishing and supplying, including.support services and pregrams of education and training that facilitate and advance the programs and services of the Shelter. The Foundation will raise funds through memberships, through its TrUstees, ahd through fund~raising and other ~ppropriate means. The Foundation will be established and operated in accord with IRS 501 (c){3) regulations for charitable not-for-prOfit organizations. The Foundation will make grants to the Shelter on either restricted or unrestricted basis. The Foundation will be a voluntary organization but may, at the discretion of the Trustees, employ staff to perform regular duties. The parties agree that either party may, by one (1) year written notice, terminate this memorandum of understanding. Dated: May 6, 2002 Southold, New York Town ~ Southold ,~y: Joshua Y. Horton, Supervisor Incorporators/Fou..Q~e_rs.of th~e',,T.,own of Southold-Raynor Shelter Foundation By: C. Kenneth Morrelly Catherine A. Morreily